HomeMy WebLinkAboutOrdinances - No. 1869ORDINANCE NO. 1869
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LODI REPEALING LODI MUNICIPAL CODE TITLE 16 —
SUBDIVISIONS — IN ITS ENTIRETY; AND FURTHER
REPEALING AND REENACTING LODI MUNICIPAL CODE
TITLE 17 — ZONING — IN ITS ENTIRETY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1. Lodi Municipal Code Title 16 — Subdivisions — is hereby repealed in its
entirety.
SECTION 2. Lodi Municipal Code Title 17 — Zoning — is hereby repealed and
reenacted in its entirety and shall read as follows:
CITY OF LODI
DEVELOPMENT CODE
Contents
Article 1 - Purpose and Applicability of Development Code
Chapter 17.01 - Enactment and Applicability of Development Code
17.01.010 - Purpose of the Development Code
17.01.020 - Authority
17.01.030 - Applicability of Development Code
17.01.040 - Responsibility for Administration
Chapter 17.02 - Interpretation of Code Provisions
17.02.010 - Purpose of Chapter
17.02.020 - Rules of Interpretation
17.02.030 - Procedures for Interpretations
Article 2 - Land Use and Development Standards
Chapter 17.10 - Zoning Districts and Map
17.10.010 - Purpose of Chapter
17.10.020 - Zoning Districts Established
17.10.030 - Zoning Map Adopted
17.10.040 - Zoning District Boundaries
Chapter 17.12 - Development and Land Use Approval Requirements
17.12.010 - Purpose of Chapter
17.12.020 - General Requirements for Development and New Land Uses
17.12.030 - Allowable Land Uses and Permit Requirements
17.12.040 - Exemptions from Land Use Permit Requirements
17.12.050 - Requirements for Sites Divided by Zoning Boundary
17.12.060 - Temporary Uses
17.12.070 - Additional Permits and Approvals May be Required
Chapter 17.14 - General Property Development and Use Standards
17.14.010 - Purpose of Chapter
17.14.020 - Applicability
17.14.030 - Development Across Property Lines
17.14.040 - General Performance Standards
17.14.050 - Height Limits and Exceptions
17.14.060 - Setback Measurement and Exceptions
17.14.070 - Lighting
17.14.080 - Screening
17.14.090 - Solid Waste Collection and Storage Areas
17.14.100 -Walls, Fences and Hedges
Chapter 17.16 - Applicability and General Design Standards
17.16.010 - Purpose of Design Guidelines
17.16.020 - Applicability
17.16.030 - General Design Guidelines
Chapter 17.18 - Residential Zoning Districts
17.18.010 - Purpose of Chapter
17.18.020 - Purposes of Residential Zoning Districts
17.18.030 - Residential Zoning District Land Uses and Permit Requirements
17.18.040 - Residential Zoning District General Development Standards
17.18.050 - Residential Design Guidelines
Chapter 17.20 - Commercial Zoning Districts
17.20.010 - Purpose of Chapter
17.20.020 - Purposes of Commercial Zoning Districts
17.20.030 - Commercial Zoning District Land Uses and Permit Requirements
17.20.040 - Commercial District General Development Standards
17.20.050 - Commercial Design Guidelines
Chapter 17.22 - Mixed Use Zoning Districts
17.20.010- Purpose of Chapter
17.20.020 - Purposes of Mixed Use Zoning Districts
17.20.030 - Mixed Use Zoning Districts Land Uses and Permit Requirements
17.20.040- Mixed Use Districts General Development Standards
17.20.050 - Downtown Mixed Use Design Guidelines
17.20.060 - Mixed Use Center Design Guidelines
17.20.070 - Downtown Mixed Use Corridor Design Guidelines
Chapter 17.24 - Industrial :Zoning Districts
17.24.010 - Purpose of Chapter
17.24.020 - Purposes of Industrial Zoning Districts
17.24.030 - Industrial Zoning District Land Uses and Permit Requirements
17.24.040 - Industrial Zoning District General Development Standards
17.24.050 - Industrial Design Guidelines
Chapter 17.26 - Special Purpose Zoning Districts
17.26.010 - Purpose of Chapter
17.26.020 - Purposes of Special Purpose Zoning Districts
1 1.26.030 - Special Purpose District Land Uses and Permit Requirements
17.26.040 - Public and Community Facilities District Development Standards
Chapter 17.28 - Overlay Zoning Districts
17.28.010 - Purpose of Chapter
17.28.020 - Applicability of Overlay Zoning Districts
17.28.030 - Flood Hazard (-F) Overlay Zoning District
17.28.040 - Planned Development (-PD) Overlay Zoning District
Article 3 - Site Planning and General Development Standards
Chapter 17.30 - Landscaping
17.30.010 - Purpose of Chapter
17.30.020 - Applicability
17.30.030 - Landscape Plan Approval Required
17.30.040 - Landscape Location Requirements
17.30.050 - Residential Front and Street Side Yard Landscape Requirements
17.30.060 - Maintenance of Landscape Areas
17.30.070 - Water Efficient Landscape Requirements
Chapter 17.32 - Parking and Loading
17.32.010 - Purpose of Chapter
17.32.020 - Applicability
17.32.030 - General Parking Regulations
17.32.040 - Number of Parking Spaces Required
17.32.050 - Adjustments to Parking Requirements
17.32.060 - Disabled/Handicapped Parking Requirements
17.32.070 - Parking Design Standards
17.32.080- Driveways and Site Access
17.32.090- Bicycle Parking
17.32.100 - Loading Space Standards
17.32.110 - Parking and Circulation Design Guidelines
Chapter 17.34 - Signs
17.34.010 - Purpose of Chapter
'I 7.34.020 - Applicability
3;.030 - Sign i= meil Requirements
17.34.040 - Prohibited Signs
17.34.050 - General Requirements for All Signs
17.34.060 - Zoning District Sign Standards
17.34.070 - Standards for Specific Types of Signs
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17.34.080- Exceptions to Sign Area Standards
17.34.090 - Sign Maintenance
17.34.100 - Nonconforming Signs
17.34.110 - Violations and Abatement
17.34.120 - Judicial Review
17.34. 130 - Sign Design Guidelines
Chapter 11.36 - Standards for Specific Land Uses
17.36.010 - Purpose of Chapter
17.36.020 - Applicability
17.36.030 - Child Day Care Facilities
17.36.040 - Residential Care Facilities and Senior Apartments
17.36.050 - Residential Density Bonus
17.36.060 - Home Occupations
17.36.070 - Mobile Home Parks
17.36.080 - Outdoor Display and Retail Activities
17.36.090 - Outdoor Storage
17.36.100 - Recreational Vehicle Parks
17.36.110 - Recycling Facilities
17.36.120 - Residential Accessory Uses and Structures
17.36.130 - Second Dwelling Units
17.36.140 - Telecommunications Facilities
Article 4 -Land Use and Development Permit Procedures
Chapter 17.38 - Application Filing and Processing
17.38.010 - Purpose of Chapter
17.38.020 - Authority for Land Use and Zoning Decisions
17.38.030 - Concurrent Permit Processing
17.38.040 - Application Preparation and Filing
17.38.050 - Application Fees
17.38.060 - Initial Application Review
17.38.070 - Environmental Assessment
17.38.080 - Staff Report and Recommendations
Chapter 17.40 - Permit Approval or Disapproval
17.40.010 - Purpose of Chapter
17.40.020 - Site Plan and Architectural Approval
17.40.030 - Temporary Use Permits
17.40.040 - Use Permits and Minor Use Permits
17.40.050 - Variances and Administrative Deviations
17.40.060 - Planned Development Permits
17.40.070 - Certificates of Occupancy
C i p a. 11.42 - P-,nidt i np;erf z :;; icr, 1'im: Limits, and Extensions
17.42.010 - Purpose of Chapter
17.42.020 - Effective Dates
17.42.030 - Performance Guarantees
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17.42.040 - Time Limits and Extensions
17.42.050 - Changes to an Approved Project
17.42.060 - Permits to Run with the Land
17.42.070 - Resubmittals
17.42.080 - Covenants of Easements
Chapter 17.44 — Development Agreements
17.44.010 - Purpose of Chapter
17.44.020 - Applicability
17.44.030 - Hearing Notice
17.44.040 - Review by Planning Commission
17.44.050 - Council Hearing
17.44.060 - Amendment or Cancelation
17.44.070 - Recordation of Agreement, Amendment or Cancelation
17.44.080 - Periodic Review
Article 5 - Subdivisions
Chapter 17.46 - Applicability and Administration of Subdivision Regulations
17.46.010 - Purpose of Article
17.46.020 - Authority
17.46.030 - Applicability
17.46.040 - Responsibility for Administration
17.46.050 - Advisory Agency
17.46.060 - Authority for Subdivision Decisions
Chapter 17.48- Subdivision Map Approval Requirements
17.48.010 - Purpose of Chapter
17.48.020 - Type of Subdivision Approval Required
17.48.030 - Applications Deemed Approved
17.48.040 - Exceptions to Subdivision Standards
Chapter 17.50 - Subdivision Design and Improvement Requirements
17.50.010 - Purpose of Chapter
17.50.020 - Applicability of Design and Improvement Standards
17.50.030 - Access, Circulation, Streets
17.50.040 - Energy Conservation
17.50.050 - Grading
17.50.060- Erosion and Sediment Control
17.50.070- Landscaping
17.50.080 - Monuments
17.50.090- Parcel and Block Design
17.5(.1.100 - Public Utilities and Utility Easements
V.50.1 - Residential Density
17.50.120 - Public Water System
17.50.130 - Wastewater
17.50.140 - Storm Drains
17.50.150 - Street Lighting
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Chapter 17.52 - Tentative Map Filing and Processing
17.52.010 - Purpose of Chapter
17.52.020 - Tentative Map Preparation, Application Contents
17.52.030 - Tentative Map Filing, Initial Processing
17.52.040 - Evaluation of Application
17.52.050 - Review and Decision
17.52.060 - Tentative Map Public Hearings
17.52.070 - Tentative Map Approval or Disapproval
17.52.080 - Conditions of Approval
17.52.090 - Effective Date of Tentative Map Approval
17.52.100 - Changes to Approved Tentative Map or Conditions
17.52.110 - Completion of Subdivision Process
17.52.120 - Vesting Tentative Maps
17.52.130 - Tentative Map Time Limits, Expiration, and Time Extensions
Chapter 17.54 - Parcel Maps and Final Maps
17.54.010 - Purpose of Chapter
17.54.020 - Parcel Maps
17.54.030 - Waiver of Parcel Map
17.54.040- Parcel Map Form and Content
17.54.050- Filing and Processing of Parcel Maps
17.54.060 - Parcel Map Approval
17.54.070 - Final Maps
17.54.080 - Final Map Form and Content
17.54.090- Filing and Processing of Final Maps
17.54.100 - Final Map Approval
17.54.110 - Supplemental Information Sheets
17.54.120 - Amendments to Recorded Maps
Chapter 17.56 - Additional Subdivision Procedures
17.56.010 - Purpose of Chapter
17.56.020 - Lot Line Adjustments
17.56.030 - Parcel Mergers
17.56.040 - Certificates of Compliance
Chapter 17.58 - Dedications and Exactions
17.58.010 - Purpose of Chapter
17.58.020 - Applicability
17.58.030 - Findings Required for Dedications and Exactions
17.58.040 - School Site Dedications
17.58.050 - Reservations of Land for Public Facilities
17.58.060 - Right -of -Way Dedications
Chapter 17.60- Improvement Plans and Agreements
17.60.010 - Purpose of Chapter
17.60.020 - Improvement Plans
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17.60.030 - Installation of Improvements
17.60.040 - Improvement Agreements and Security
17.60.050 - Soils Reports
Chapter 17.62 - Reimbursements for Construction
17.62.010 - Findings and Purpose
17.62.020 - Improvements to be Reimbursed
17.62.030 - City Eligibility
17.62.040 - Application for Reimbursement
17.62.050 - Reimbursement Agreement
17.62.060 - Collection of Reimbursements
17.62.070 - Payment of Reimbursements
Chapter 17.64 - Surveys and Monuments
17.64.010 - Purpose of Chapter
17.64.020 - Survey Procedure and Practice
17.64.030 - Monuments
17.64.040 - Survey Information on Final or Parcel Map.
Article 6 —Development Code Administration
Chapter 17.66 - Administrative Responsibility
17.66.010 - Purpose of Chapter
17.66.020 - Planning Agency Defined
17.66.030 - City Council
17.66.040 - Planning Commission
17.66.050 - Site Plan and Architectural Approval Committee (SPARC)
17.66.060 - Community Development Director
Chapter 17.68 - Nonconforming Uses, Structures, and Parcels
17.68.010- Purpose of Chapter
17.68.020 - Restrictions on Nonconforming Uses and Structures
17.68.030 - Nonconforming Signs
17.68.040 - Single -and Multi -Family Dwelling Units Exempt
17.68.050- Public Structures and Utilities Exempt
17.68.060 - Nonconforming Parcels
17.68.070 - Conformity of Uses Requiring Use Permits
17.68.080- Unlawful Uses and Structures
17.68.090 - Nuisance Abatement
Chapter 17.70 - Appeals
17.70.010 - Purpose of Chapter
17.70.020 - Commission's Review
17.70.030 - Council's Review
17.70.040 - Eligibility
17.70.050 - Appeal Subjects and Jurisdiction
17.70.060 - Appeal Filing, Processing, Review and Action
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Chapter 17.72 - Amendments
17.72.010 - Purpose of Chapter
17.72.020 - Applicability
17.72.030 - Initiation of Amendments
17.72.040 - Hearings and Notice
17.72.050 - Commission's Action on Amendments
17.72.060 - Council's Action on Amendments
17.72.070 - Findings and Decision
17.72.080 - Effective Date
17.72.090 - Prezoning
Chapter 17.74 - Public Hearings
17.74.010 - Purpose of Chapter
17.74.020- Notice of Hearing
17.74.030 - Scheduling of Hearing
17.74.040- Review Authority Decision and Notice
17.74.050 - Recommendation by Commission
17.74.060 - Effective Date of Decision
17.74.070 - Hearing Procedures
Chapter 17.76 - Enforcement
17.76.010 - Purpose of Chapter
17.76.020 - Permits and Licenses
17.76.030 - Official Duty to Enforce
17.76.040 - Violations
17.76.050 - Remedies are Cumulative
17.76.060 - Inspection
17.76.070 - Permit Revocation or Modification
17.76.080- Initial Enforcement Action
17.76.090 - Legal Remedies
17.76.100 - Recovery of Costs
17.76.110 - Additional Permit Processing Fees
17.76.120 - Reinspection Fees
Article 7 - Definitions
Chapter 17.78 - Definitions
17.78.010 - Purpose of Article
17.78.020 - Definitions of Specialized Terms and Phrases
ARTICLE 1
Purpose and Applicability of
Development Code
Chapter 17.01 - Enactment and Applicability of Development Code
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17.01.010 - Purpose of the Development Code
17.01.020 - Authority
17.01.030 - Applicability of Development Code
17.01.040 - Responsibility for Administration
Chapter 17.02 - Interpretation of Code Provisions
17.02.010 - Purpose of Chapter
17.02.020 - Rules of Interpretation
17.02.030 - Procedures for Interpretations
CHAPTER 17.01 - ENACTMENT AND APPLICABILITY OF DEVELOPMENT
CODE
Sections:
17.01.010 - Purpose of the Development Code
17.01.020 - Authority
17.01.030 - Applicability of Regulations
17.01.040 - Responsibility for Administration
17.01.010 - Purpose of the Development Code
The purpose of the Lodi Development Code is to implement the policies of the General Plan
by classifying and regulating the uses of land and structures within the City of Lodi in a
manner consistent with the General Plan. To achieve this purpose, it is the intent of these
regulations to:
A. Provide standards for the orderly development of the City, and continue a stable
pattern of land uses,
B. Preserve the historical integrity and character of the City's neighborhoods and
commercial areas;
C. Encourage a pedestrian -friendly community by promoting a mix of land uses and
pedestrian oriented design in residential and commercial areas; and
D. Conserve and protect the natural resources of the City, including surrounding
agricultural lands.
17.01.020 - Authority
These regulations are enacted based on the authority vested in the City of Lodi by the State
of California, including but not limited to: the State Constitution; the Planning and Zoning
Law (Government Code Section 65000 of seq.); the Subdivision Map Act (Government Code
Section 66410 et seq.); and the California Health and Safety Code.
17.01.030 - Applicability of Regulations
This Development Code, hereafter referred to as "this Code," applies to all land uses,
structures, subdivisions, and development within the City of Lodi, as follows.
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A. New land uses or structures, changes to land uses or structures. Compliance
with the requirements of Chapter 17.12 (Development and Land Use Approval
Requirements) or, where applicable, Chapter 17.68 (Nonconforming Uses, Structures,
and Parcels), is necessary for any person or public agency to lawfully establish,
construct, reconstruct, alter, or replace any use of land or structure.
B. Issuance of Building Permits. The City may issue building or other construction
permits only when:
1. The proposed land use and/or structure satisfy the requirements of Subsection A.
above, and all other applicable statutes, Codes and regulations; and
2. The Director determines that the site was subdivided in compliance with Article 5
(Subdivisions).
C. Subdivisions. Any subdivision of land proposed within the City after the effective
date of this Code shall be consistent with: the minimum lot size requirements of
Article 2 (Land Use and Development Standards), and all other applicable
requirements of this Code, including the Land Use and Development Permit
procedures as outlined in Article 4.
D. Effect of regulations on existing uses and structures. An existing land use or
structure is lawful only when it was legally established, and is operated and
maintained, in compliance with all applicable provisions of this Code, including
Chapter 17.68 (Nonconforming Uses, Structures and Parcels).
Existing land uses or structures that were in violation of City zoning regulations
applicable before the effective date of this Code are in violation of these regulations,
and shall continue to be in violation unless they comply with the current requirements.
E. Effect of regulations changes on projects in progress. A land use permit
application that has been accepted by the Department as complete prior to the
effective date of this Code or any amendment shall be processed according to the
requirements in effect when the application was accepted as complete.
F. Minimum requirements. The provisions of this Code shall be minimum requirements
for the promotion of the public health, safety, and general welfare. When this Code
provides for discretion on the part of a City official or body, that discretion may be
exercised to impose more stringent requirements than set forth in this Code as may
be necessary to promote orderly land use development and the purposes of this
Code.
G. Other requirements may apply. Nothing in this Code eliminates the need for:
obtaining any permit, approval, or entitlement required by the regulations of the
County, or any regional, State, or Federal agency.
H. Conflicting requirements. Any conflict between different requirements of this Code,
or between this Code and other City regulations, shall be resolved in compliance with
Section 17.02.020.D (Conflicting Requirements).
Severability. Invalidity or enforceability of one or more provisions of this Code shall
not affect other provisions of this Code.
17.01.040 - Responsibility for Administration
This Development Code shall be administered by the City Council, Planning Commission,
Site Plan and Architectural Review Committee (SPARC), Community Development Director,
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and the Community Development Department in compliance with Chapter 17.66
(Administrative Responsibility).
CHAPTER 17.02 - INTERPRETATION OF CODE PROVISIONS
Sections:
17.02.010 - Purpose of Chapter
17.02.020 - Rules of Interpretation
17.02.030 - Procedures for Interpretations
17.02.010 - Purpose of Chapter
This Chapter provides rules for resolving questions about the meaning or applicability of any
part of this Code. The provisions of this Chapter are intended to ensure the consistent
interpretation and application of the requirements of this Code.
17.02.020 - Rules of Interpretation
A. Authority. The Director shall have the responsibility and authority to interpret the
meaning and applicability of all provisions and requirements of this Code.
B. Language.
Abbreviated titles and phrases. For the purpose of brevity, the following
phrases, personnel and document titles are shortened in this Code. The City of
Lodi is referred to as the "City." The City of Lodi Zoning & Subdivision Code is
referred to as "this Code." The Community Development Director is referred to
as "Director," the City Council is referred to as the "Council," the Planning
Commission is referred to as the "Commission." The Community Development
Department is referred to as the "Department." "Buildings and structures' are
referred to as "structures."
Terminology. When used in this Code, the words "shall," "will," "is to," and "are
to" are always mandatory. "Should" is not mandatory but is strongly
recommended; and "may" is permissive. The present tense includes the past
and future tenses; and the future tense includes the present. The singular
number includes the plural number, and the plural the singular, unless the natural
construction of the word indicates otherwise. The words "include," "includes,"
and "including" mean "including but not limited to ...".
3. Number of days. Whenever a number of days is specified in this Code, or in
any permit, condition of approval, or notice issued or given as provided in this
Code, the number of days shall be construed as calendar days, unless business
days are specified. Time limits will extend to the following business day where
the last of the specified number of days falls on a day that the City is not open for
business, except as otherwise provided for by the Map Act.
4. State law requirements. Where this Code references applicable provisions of
State law (e.g., the California Government Code, Subdivision Map Act, Public
Resources Code, etc.), the reference shall be construed to be to the applicable
State law provisions as they may be amended from time to time.
C. Calculations - Rounding. Where any provisions of this Code require calculations to
determine applicable requirements, any fractional/decimal results of the calculations
shall be rounded as provided by this Subsection.
Residential density, minimum lot area and number of lots. The fractional/
decimal results of calculations of the number of dwelling units allowed on a
parcel based on maximum density requirements, and the number of parcels
allowed through subdivision based on a minimum lot area requirement, shall be
rounded down to the next lowest whole number.
2. All other calculations. For all calculations other than those described in
Subsection CA above, the fractional/decimal results of calculations shall be
rounded to the next highest whole number when the fraction/decimal is 0.5 or
more, and to the next lowest whole number when the fraction is less than 0.5.
D. Conflicting requirements. Any conflicts between different requirements of this
Code, or between this Code and other regulations, shall be resolved as follows.
Zoning & Subdivision Ordinance provisions. In the event of any conflict
between the provisions of this Code, the most restrictive requirement shall
control, except in case of any conflict between the zoning district regulations of
Article 2 (Land Use and Development Standards) and the provisions of Article 3
(Site Planning and General Development Standards), the provisions of Article 3
shall control.
2. Development Agreements, Specific Plans, Planned Developments. In the
event of any conflict between the requirements of this Code and standards
adopted as part of any Development Agreement, Specific Plan, or Planned
Development approval, the requirements of the Development Agreement or
Specific Plan shall control.
3. Municipal Code provisions. In the event of any conflict between requirements
of this Code and other regulations of the City, the Community Development
Director shall determine which provision shall control.
4. Private agreements. It is not intended that the requirements of this Code shall
interfere with, repeal, abrogate or annul any easement, covenant, or other
agreement that existed when this Zoning Code became effective. This Code
applies to all land uses and development regardless of whether it imposes a
greater or lesser restriction on the development or use of structures or land than
an applicable private agreement or restriction, without affecting the applicability of
any agreement or restriction. The City shall not enforce any private covenant or
agreement unless it is a party to the covenant or agreement.
E. Zoning Map boundaries. See Chapter 17.10 (Zoning Districts and Map).
F. Allowable uses of land. See Section 17.12.030 (Allowable Land Uses and Permit
Requirements).
17.02.030 - Procedures for Interpretations
Whenever the Community Development Director determines that the meaning or
applicability of any of the requirements of this Code are subject to interpretation generally, or
as applied to a specific case, the Director may issue an official interpretation or refer the
question to the Planning Commission for determination.
A. Request for interpretation. The request for an interpretation or determination shall
be filed with the Department and shall include specific provisions in question, and any
other information necessary to assist the Department in their review.
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B. Appeals. Any interpretation of this Code by the Director or Commission may be
appealed in compliance with Chapter 17.70 (Appeals).
ARTICLE 2
ZONING DISTRICTS — LAND USE AND DEVELOPMENT STANDARDS
Chapter 17.10 - Zoning Districts and Map
17.10.010 - Purpose of Chapter
17.10.020 - Zoning Districts Established
17.10.030 - Zoning Map Adopted
17.10.040 - Zoning District Boundaries
Chapter 17.12 - Development and Land Use Approval Requirements
17.12.010 - Purpose of Chapter
17.12.020 - General Requirements for Development and New Land Uses
17.12.030 - Allowable Land Uses and Permit Requirements
17.12.040 - Exemptions from Land Use Permit Requirements
17.12.050 - Requirements for Sites Divided by Zoning Boundary
17.12.060 - Temporary Uses
17.12.070 - Additional Permits and Approvals May be Required
Chapter 17.14 - General Property Development and Use Standards
17.14.010 - Purpose of Chapter
17.14.020 - Applicability
17.14.030 - Development Across Property Lines
17.14.040 - General Performance Standards
17.14.050 - Height Limits and Exceptions
17.14.060 - Setback Measurements and Exceptions
17.14.070 - Lighting
17.14.080 - Screening
17.14.090 - Solid Waste Collection and Storage Areas
17.14.100 - Walls, Fences & Hedges
Chapter 17.16 - General Design Guidelines and Applicability
17.16.010 - Purpose of Design Guidelines
17.16.020 - Applicability
17.16.030 - General Design Guidelines
Chapter 17.18- Residential Zoning Districts
17.18.010 - Purpose of Chapter
17.18.020 - Purposes of Residential Zoning Districts
17.18.030 - Residential Zoning District Land Uses and Permit Requirements
17.18.040 - Residential Zoning District General Development Standards
17.18.050 - Residential Design Guidelines
Chapter 17.20 - Commercial Zoning Districts
17.20.010 - Purpose of Chapter
17.20.020 - Purposes of Commercial Zoning Districts
17.20.030 - Commercial Zoning District Land Uses and Permit Requirements
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17.20.040 - Commercial District General Development Standards
17.20.050 - Commercial Design Guidelines
Chapter 17.22 - Mixed Use Zoning Districts
17.22.010 - Purpose of Chapter
17.22.020 - Purposes of Mixed Use Zoning Districts
17.22.030 - Mixed Use Zoning Districts Land Uses and Permit Requirements
17.22.040 - Mixed Use Zoning Districts General Development Standards
17.22.050 — Downtown Mixed Use Design Guidelines
17.22.060 — Mixed Use Center Design Guidelines
17.22.070 — Mixed Use Corridor Design Guidelines
Chapter 17.24 - Industrial Zoning Districts
17.24.010 - Purpose of Chapter
17.24.020 - Purposes of Industrial Zoning Districts
17.24.030 - Industrial Zoning District Land Uses and Permit Requirements
17.24.040 - Industrial Zoning District General Development Standards
17.24.040 - Industrial Design Guidelines
Chapter 17.26- Special Purpose Zoning Districts
17.26.010 - Purpose of Chapter
17.26.020 - Purposes of Special Purpose Zoning Districts
17.26.030 - Special Purpose District Land Uses and Permit Requirements
17.26.040 - Public and Community Facilities District Development Standards
Chapter 17.28 - Overlay Zoning Districts
17.28.010 - Purpose of Chapter
17.28.020 - Applicability of Overlay Zoning Districts
17.28.030 - Flood Hazard (-F) Overlay Zoning District
17.28.040 - Planned Development (-PD) Overlay Zoning District
CHAPTER 17.10 - ZONING DISTRICTS AND MAP
Sections:
17.10.010 - Purpose of Chapter
17.10.020 - Zoning Districts Established
17.10.030 - Zoning Map Adopted
17.10.040 - Zoning District Boundaries
17.10.010 - Purpose of Chapter
This Chapter establishes the zoning districts applied to property within the City, determines
how the zoning districts are applied on the Zoning Map, and establishes general permit
requirements for development and new land uses.
17.10.020 - Zoning Districts Established
The City of Lodi shall be divided into zoning districts which implement the Lodi General Plan.
The zoning districts shown in Table 2-1 are hereby established, and shall be shown on the
official Zoning Map.
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17.10.030 - Zoning Map Adopted
The Council hereby adopts the City of Lodi Zoning Map (hereafter referred to as the "Zoning
Map"), which is on file with the Department. The Zoning Map is hereby incorporated into this
Development Code by reference as though it were fully included here. The boundaries of
the zoning districts established by Section 17.10.020 (Zoning Districts Established) shall be
shown upon the Zoning Map.
17.10.040 - Zoning District Boundaries
Where uncertainty exists as to the boundaries of any district on the district map, the
following rules shall govern:
A. Where such boundaries are indicated as approximately following street or alley lines,
such lines shall be construed to be such boundaries.
B. In the case of unsubdivided property and where a district boundary divides a parcel of
property in one ownership, the locations of such boundaries shall be determined from
the scale appearing on the map.
C. Where a public street or alley is officially vacated, the regulations of abutting
properties shall apply to such vacated street or alley after being added to such
properties.
D. In case of further uncertainty, the Director shall determine the location of such
boundaries.
TABLE 2-1 - ZONING DISTRICTS
Zoning
District
Symbol
Zoning District Name 71
General Plan Land Use Classification
Implemented by Zoning District
Residential Districts
RLD
Low Density Family Residential
Low Density Residential
RMD
Medium Density Residential
Medium Density Residential
RHD
High Density Residential
High Density Residential
Commercial Districts
CC
Community Commercial
General Commercial
GC
General Commercial
General Commercial
O
Office
Office
Mixed Use Districts
DMU
Downtown Mixed Use District
Downtown Mixed Commercial
MCO
Mixed Use Corridor
Mixed Use Corridor
MCE
Mixed Use Center
Mixed Use Center
Industrial Districts
15
TABLE 2-1 -ZONING DISTRICTS
Zoning
District
Symbol
Zoning District Name
General Plan Land Use Classification
Implemented by Zoning District
BP
Business Park
Business Park
M
Industrial
Industrial
Public and Open Space Districts
PF
Public and Community Facility
Public/Quasi-Public
—
Detention Basins and Parks
Overlay Districts
-F
Floodplain Overlay
Various
-PD
Planned Development Overlay
Various
CHAPTER 17.12 - DEVELOPMENT AND LAND USE APPROVAL
REQUIREMENTS
Sections:
17.12.010 - Purpose of Chapter
17.12.020 - General Requirements for Development and New Land Uses
17.12.030 - Allowable Land Uses and Permit Requirements
17.12.040 - Exemptions from Land Use Permit Requirements
17.12.050 - Requirements for Sites Divided by Zoning Boundary
17.12.060 - Temporary Uses
17.12.070 - Additional Permits and Approvals May Be Required
17.12.010 - Purpose of Chapter
This Chapter provides general requirements for the approval of proposed development and
new land uses in the City. The land use permit requirements established by this
Development Code for specific land uses are in Chapters 17.14 through 17.28, and in Article
3.
17.12.020 - General Requirements for Development and New Land Uses
All uses of land and/or structures shall be established, constructed, reconstructed, altered,
or replaced, in compliance with the following requirements.
A. Allowable use. The use of land shall be identified by Chapters 17.18 (Residential
Zoning Districts), 17.20 (Commercial Zoning Districts), 17.22 (Mixed Use Zoning
Districts), 17.24 (Industrial Zoning Districts), 17.26 (Special Purpose Zoning Districts),
or 17.28 (Overlay Zoning Districts) as being allowable in the zoning districts applied to
the site. The Director may determine whether a particular land use is allowable, in
compliance with Section 17.12.030.
B. Permit/approval requirements. Any land use permit or other approval required by
Section 17.12.030 (Allowable Land Uses and Permit Requirements) shall be obtained
16
before the proposed use is constructed, otherwise established or put into operation,
unless the proposed use is listed in Section 17.12.040 (Exemptions from Land Use
Permit Requirements).
C. Development standards. The use of land and/or structure shall comply with all
applicable requirements of this Development Code, including the zoning district
standards of this Article, and the provisions of Article 3 (Site Planning and General
Development Standards).
D. Conditions of approval. The use of land and/or structure shall comply with any
applicable conditions imposed by any previously granted land use permit or other
approval.
E. Legal parcel. The use of land and/or structures shall only be established on a parcel
of land which has been legally created in compliance with the Subdivision Map Act
and Article 5 (Subdivisions), as applicable at the time the parcel was created.
F. Development Agreements. The use and/or structures shall comply with any
applicable Development Agreement approved by the City in compliance with Chapter
17.44 (Development Agreements).
17.12.030 - Allowable Land Uses and Permit Requirements
The uses of land allowed by this Development Code in each zoning district are identified in
Chapters 17.18, 17.20, 17.22, 17.24, 17.26, and 17.28 together with the type of land use
permit required for each use.
A. Permit requirements. Tables 2-4, 2-6, 2-8, 2-10, and 2-12 provide for land uses that
are:
1. Allowed uses subject to compliance with all applicable provisions of this
Development Code, subject to first obtaining a Building Permit or other permit
required by the Municipal Code. These are shown as "A" uses in the tables; and
2. Allowed subject to the approval of a Use Permit (Section 17.40.040), and shown
as "UP" uses in the tables.
3. Allowed subject to the approval of a Minor Use Permit, and as shown as "MUP"
uses in the tables.
4. Not allowed in particular zones and shown as "—" uses in the tables.
Note: Design Review may also be required for certain uses and types of
development. Design Review requirements are established by Section 17.40.020,
B. Multiple uses on a single site. Where a proposed project includes multiple land
uses, and Tables 2-4, 2-6, 2-8, 2-10, and 2-12 require different land use permits for
some of the uses, each use shall be authorized through the approval of the permit
required for the specific use.
C. Uses not listed. Land uses that are not listed in Tables 2-4, 2-6, 2-8, 2-10 or 2-12, or
are not shown in a particular zoning district are not allowed, except as otherwise
provided by Section 17.02.020 (Rules of Interpretation), or Section 17.12.040
(Exemptions from Land Use Permit Requirements).
17
17.12.040 - Exemptions from Land Use Permit Requirements
The land use permit requirements of this Development Code do not apply to the activities,
uses of land and/or structures identified by this Section. However, nothing in this Section
shall eliminate the requirements of the Municipal Code for obtaining grading, building, and/or
other construction permits prior to starting any work.
A. Governmental facilities. Facilities of the City; the Lodi Unified School District
(LUSD); and facilities of the County, State, or the Federal Government on land owned
or leased by a governmental agency, for governmental operations, to the extent that
exemption is required by State or Federal law.
B. Interior remodeling. Interior alterations that do not increase the number of rooms or
the gross floor area within the structure, or change the approved use of the structure.
C. Reconstruction of destroyed uses and structures. A use of land and/or structure
destroyed by fire or natural disaster may be re-established as it existed, provided that:
1. It was legally established and in compliance with this Development Code before
destruction; and
2. Reconstruction occurs in compliance with all applicable building, electrical,
mechanical, and plumbing code requirements.
See Section 17.68.020 regarding repairs to nonconforming structures.
D. Repairs and maintenance. Ordinary repairs and maintenance, if:
1. The work does not result in any change in the approved land use of the site or
structure, addition to, or enlargement/expansion of the land use and/or structure;
and
2. The exterior repairs employ the same materials and design as the original
construction.
17.12.050 - Requirements for Sites Divided by Zoning Boundary
Where a site is divided by one or more zoning district boundaries, the site shall be
developed in compliance with the requirements of each district, as applicable. For example,
if a site is zoned both commercial and residential, the portion of the site zoned commercial
shall be developed in compliance with the commercial zoning regulations, and the portion
zoned residential shall be developed in compliance with the requirements of the applicable
residential district.
17.12.060 - Temporary Uses
Requirements for establishing a temporary use (e.g., construction yards, seasonal sales lots,
special events, temporary office trailers, etc.) are in Section 17.40.030 (Temporary Use
Permits).
17.12.070 - Additional Permits and Approvals May be Required
An allowed land use that has been granted a land use permit, or is exempt from a land use
approval, may still be required to obtain City permits or approvals before the use is
constructed, or otherwise established and put into operation. Nothing in this Division shall
eliminate the need to obtain any permits or approvals required by:
18
A. Other Municipal Code provisions, including: building, grading or other construction
permits or a business license if required by Municipal Code; or
B. Any applicable County, or any regional, State or Federal agency regulations. All
necessary permits shall be obtained before starting work or establishing new uses.
CHAPTER 17.14 - GENERAL PROPERTY DEVELOPMENT AND USE
STANDARDS
Sections:
17.14.010 - Purpose of Chapter
17.14.020 - Applicability
17.14.030 - Development Across Property Lines
17.14.040 - General Performance Standards
17.14.050 - Height Limits and Exceptions
17.14.060 - Setback Measurement and Exceptions
17.14.070 - Lighting
17.14.080 - Screening
17.14.090 - Solid Waste Collection and Storage Areas
17.14.100 - Walls, Fences and Hedges
17.14.010 - Purpose of Chapter
This Chapter expands upon the standards of Article 2 (Land Use and Development
Standards) by addressing the details of site planning and project design. These standards
are intended to ensure that all development produces an environment of desirable character
that is compatible with existing and future development and protects the use and enjoyment
of neighboring properties, consistent with the General Plan.
17.14.020 - Applicability
The provisions of this Chapter apply to all proposed development and new land uses
A. These standards shall be considered in combination with the standards for each zoning
district in Article 2 (Land Use and Development Standards). If there is a conflict, the
standards applicable to the zoning district shall take precedence over these general
standards, except where these standards provide otherwise.
All new or modified structures and uses shall comply with all applicable provisions of
this Chapter, except as specified in Chapter 17.68 (Nonconforming Uses, Structures,
and Parcels).
17.14.030 - Development Across Property Lines
Where an existing structure is located on two or more lots and crosses one or more of the
property lines between the lots, the approval of any addition to the structure shall require that
the property owner merge the parcels prior to the issuance of a certificate of occupancy.
19
17.14.040 - General Performance Standards
All land uses activities, and processes shall be operated and maintained so as to not be
injurious to public health, safety or welfare, and to comply with the following standards.
A. Air emissions. No visible dust, gasses, or smoke shall be emitted, except as
necessary for the heating or cooling of structures, and the operation of motor vehicles
on the site.
B. Combustibles and explosives. The use, handling, storage, and transportation of
combustibles and explosives shall comply with the Uniform Fire Code.
C. Ground vibration. No ground vibration shall be generated that is perceptible without
instruments by a reasonable person at the property lines of the site, except for motor
vehicle operations.
D. Light and glare. See Section 17.14.070 (Lighting).
E. Liquid waste. No liquid shall be discharged into a public or private body of water,
sewage system, watercourse, or into the ground, except in compliance with applicable
regulations of the California Regional Water Quality Control Board.
F. Noise. No use, activity, or process shall exceed the maximum allowable noise
standards identified by the General Plan.
G. Odor. No obnoxious odor or fumes shall be emitted that are perceptible without
instruments by a reasonable person at the property line of the site.
H. Radioactivity, electrical disturbance or electromagnetic interference. None of the
following shall be emitted:
1. Radioactivity, in a manner that does not comply with all applicable State and
Federal regulations; or
2. Electrical disturbance or electromagnetic interference that interferes with normal
radio or television reception, or with the function of other electronic equipment
beyond the property line of the site; or that does not comply with all applicable
Federal Communications Commission (FCC) and other applicable State and
Federal regulations.
17.14.050 - Height Limits and Exceptions
All structures shall comply with the height limits of this Section, except for fences and walls,
which are instead subject to the provisions of Section 17.14.100 (Walls, Fences, and
Hedges).
A. Maximum height of structures. The height of structures shall not exceed the limit for
the applicable zoning district in Article 2 (Land Use and Development Standards),
B. Height measurement. The maximum allowable height shall be measured as the
vertical distance from finished grade at the base of the structure to the top of structure.
See Figure 2-1. Finished grade shall be established in a manner consistent with
parcels in the immediate vicinity as determined by the Director, and shall not be
artificially raised to gain additional building height.
20
Y'
Maxim
height
Figure 2-1 Height Measurement
C. Exceptions to height limits. The following structures and structural features may
exceed the height limits of this Development Code provided that the additional building
area is not used as habitable space.
Towers, spires, cupolas, domes, flag poles, gables, monuments, penthouses,
theater scenery lofts, water tanks, similar structures, and necessary mechanical
appurtenances may exceed the height limit established for the applicable zoning
district to a maximum of 20 percent of the height limit.
2. Public and semi-public structures including hospitals may be up to 75 feet,
provided that the front, side and rear setbacks are increased by one foot for each
foot of building height above the height limit.
3. Telecommunications facilities, including antennas, poles, towers, and necessary
mechanical appurtenances, may be authorized to exceed the height limit
established for the applicable zoning district, in compliance with Section 17.36.140
(Telecommunications Facilities).
D. Height limit at street corners. No structure or landscape element shall exceed 42
inches in height within a street corner sight visibility area, except:
1. Within the downtown area;
2. Trees with their canopy trimmed to a rninimum of eight feet above grade; and
Where otherwise approved by the Director on the basis of a determination that a
structure and/or landscaping with greater height will not create a safety hazard for
pedestrians or motorists.
The required sight visibility area is defined by a line between two points on the street
property lines of a corner parcel, each 35 feet from the intersection of the two property
lines forming the corner at the street right of way. See Figure 2-2.
21
- structures and other
a visual obstructions
in this area
35'
Property line
35'
Figure 2-2 Sight Visibility Area
17.14.060 - Setback Measurement and Exceptions
This Section provides standards for the use and minimum size of required setbacks. These
standards are intended to provide open areas around structures for: visibility and traffic
safety; access to and around structures; access to natural light, ventilation and direct
sunlight; separation of incompatible land uses; and space for privacy, landscaping, and
recreation.
A. Setback requirements.
1. All structures shall comply with the setback requirements of the applicable zoning
districts established by Article 2 (Land Use and Development Standards), and with
any special setbacks established for specific uses by this Development Code.
2. No portion of a structure, including eaves or roof overhangs, or other architectural
features shall extend into a yard more than 24 inches, and they must be at least 36
inches away from any property line.
3. Each required setback shall be open and unobstructed from the ground upward.
B. Exemptions from setback requirements. The minimum setback requirements of this
Development Code apply to all uses and structures except the following:
1. Fences, walls, and hedges 42 inches or less in height above the natural grade of
the parcel; except as otherwise provided in Section 17.14.100;
2. Decks, earthworks, pavement, steps, terraces, and other site design elements
placed directly upon the finish grade, and that do not exceed a height of 18 inches
above the surrounding finish grade at any point; and
3. Pools, ponds, and spas, except as required by the California Building Code.
C. Measurement of setbacks. Setbacks shall be measured from the exterior wall of
structures, as follows. See Figure 2-3.
22
gj23-
Rear
setback
-
streel side
setback
am 0, Side setback
t i
(
E i
Front setback
Traffic salclye of Front lot line
visibility er ea
Figure 2-3 Location and Measurement of Setbacks
Front yard setbacks. The front yard setback shall be measured at right angles
from the nearest point on the front property line of the parcel to the nearest portion
of the structure, except as provided in following Subsections C.1.a through C.9.b.
Garages and carports shall be setback at least 20 feet from the street right-of-way.
a. Corner parcels. The measurement shall be taken from the nearest line of the
structure to the nearest point of the property line adjoining the street which is
opposite the rear yard.
b. Flag lots. The measurement shall be taken from the nearest point of the wall
of the structure facing the street to the point where the access strip meets the
bulk of the parcel; establishing a building line parallel to the lot line nearest to
the public street or right-of-way. See Figure 2-4.
Alternative front
setback may be
allowed by Director
"Flag Pole" — ----�
Front
Setback
Street
Figure 2-4 Flag Lot Setbacks
23
2. Side yard and street side yard setbacks. Side yard and street side yard
setbacks shall be measured at right angles from the nearest point on the side
property line of the parcel to the nearest portion of the structure; establishing a
setback line parallel to the side property line, which extends between the front and
rear yards.
3. Rear yard setbacks. The rear yard setback shall be measured at right angles
from the nearest point on the rear property line of the parcel to the nearest portion
of the structure, establishing a setback line parallel to the rear property line,
except:
The rear yard setback on the street side of a through lot shall be measured from
the nearest point of the rear property line adjoining the street and shall be setback
a minimum of 40 feet.
If a parcel abuts an alley, the rear yard setback shall be five feet.
D. Allowed projections into setbacks. Attached architectural features may extend from
the wall of the structure into a front, side, or rear setback, in compliance with Table 2-2.
See Figure 2-5.
TABLE 2-2 - ALLOWED PROJECTIONS INTO RESIDENTIAL SETBACKS
Projecting Feature
Allowed Projection into Specified Setback
Front
Setback
Side Setback
Rear Setback
Projections such as a chimney/fireplace,
cornice, buttress, eave/roof, overhang, sill
p ft., but no closer than 3 ft. to an property line
y p p y
Deck or porch, which may be roofed but
is otherwise unenclosed
5 ft.
0 I'L
0 ft.
Stairway, fire escape, balcony
3 ft. from any property line
Architectural features
Projection shall not exceed 30% of building wall
24 Max.
Minimum Required
Side Setback
Figure 2-5 Examples of Allowed Projections into Residential
24
E. Limitations on the use of setbacks. Required setback areas shall only be used in
compliance with the following requirements.
1. Storage. No required setback visible from the public right-of-way shall be used for
the storage of inoperable vehicles, scrap, junk, building materials, or similar
material.
2. Parking. Residential parking is allowable within required setback areas only on a
paved surface, in compliance with Section 17.32.070 (Parking Design Standards).
3. Swimming pool equipment. Swimming pool equipment (e.g., pumps and filters)
shall be located a minimum of five feet from side and rear property lines.
17.14.070 - Lighting
Exterior lighting on private property within the City shall comply with the requirements of this
Section.
A. Exterior lighting fixtures shall not exceed a height of 20 feet or the height of the nearest
building, whichever is less.
B. Lighting shall be energy-efficient, and shielded or recessed so that direct glare and
reflections are confined to the maximum extent feasible within the boundaries of the
site, and shall be directed downward and away from adjoining properties and public
rights-of-way.
C. No permanently installed lighting shall blink, flash, or be of unusually high intensity or
brightness, as determined by the Director.
D. All lighting fixtures shall be appropriate in scale, intensity, and height to the use they
are serving.
E. All lighting shall be properly maintained.
17.14.080 - Screening
This Section establishes standards for the screening and separation of adjoining residential
and nonresidential land uses, equipment and outdoor storage areas, and surface parking
areas.
A. Screening between different land uses. An opaque screen consisting of a solid,
decorative masonry wall a minimum of six feet in height, shall be installed along parcel
boundaries whenever a non-residential use adjoins a residential zoning district. The
maximum height of the wall shall comply with the provisions of Section 17.14.100
(Walls, Fences, and Hedges). The wall shall be architecturally treated on both sides,
subject to the approval of the Director.
B. Mechanical equipment, loading docks, and refuse areas
1. Roof or ground mounted mechanical equipment (e.g., air conditioning, heating,
ventilation ducts, and exhaust, etc.), loading docks, refuse storage areas, and
utility services (e.g. electrical transformers, gas meters, etc.) shall be screened
from public view from adjoining public streets and rights-of-way and adjoining
area(s) zoned for residential uses.
25
2. The colors, materials, and architectural style of screening features shall be
architecturally compatible with other on-site development.
3. Landscaping shall be installed adjacent to screen walls, at the discretion of the
Director.
C. Outdoor storage and work yards. Where allowed by Article 2, areas for the outdoor
storage of materials, recycling facility -processing centers, waste resource and waste
recycling operations, and similar uses shall comply with the following requirements, in
addition to those of Subsection A., of this section, where applicable.
Within commercial zoning districts, outdoor storage and work areas shall be
screened on all sides with a solid sight -obscuring masonry wall, a minimum of six
feet and a maximum of eight feet in height or as otherwise determined to reduce
noise. Points of entry through the wall shall have sight -obscuring gates. The wall
and gates shall be continuously maintained in good repair. Within industrial zoning
districts, this screening requirement shall apply only on property lines adjacent to
streets.
2. Site operations in conjunction with outdoor uses, including the loading and
unloading of equipment and materials, shall be screened to minimize the visibility
of operations from abutting streets and residential zoning districts.
D. Outdoor building materials and garden supply storage and sales areas. Outdoor
building materials and garden supply storage areas shall be screened with fencing,
landscaping, meshing, walls, or similar material to minimize visibility of the storage
area.
17.14.090 - Solid Waste Collection and Storage Areas
The following regulations shall apply to garbage, refuse and recycling facilities on residential
and commercial properties. Placement of these facilities within the public right-of-way is
governed by Municipal Code Chapter 12.04.
A. Roll -away and portable containers. All roll -away and other portable containers must
be kept out -of -view from the public right-of-ways, excluding alleys, and may not be
stored within the front yard setback.
B. Dumpster bins. All dumpster bin storage and refuse collection areas shall be
screened from public view by a concrete block or masonry wall or in such a manner so
that it is not visible from abutting public right-of-ways, excluding alleys. All storage and
collection areas and enclosures shall be maintained in a sanitary condition and walls,
roof coverings and doors to enclosures must be maintained in good condition and
must be in working order.
C. Exceptions. The following exceptions pertain to both commercial and residential
garbage, refuse and recycling facilities:
Garbage, refuse and recycling storage containers can be placed out for collection,
from five p.m. the day before garbage collection to eight p.m. the day of garbage
collection, in accordance with the requirements of the garbage collector.
2. Rented containers and dumpster bins can be placed in public view on private
property for the duration of the special project, remodeling or construction project,
or special event for which they are being used, but must be maintained in a
sanitary condition and removed when filled to prevent overflow and blight.
26
17.14.100 - Walls, Fences and Hedges
A. Applicability. The provisions of this Chapter apply to all walls, fences, and hedges,
unless otherwise stated.
B. Exemptions. These regulations do not apply to fences or walls required by regulations
of a State or Federal agency, or by the City for reasons of public safety, or to retaining
walls.
C. Height limitations. Fences, walls, and hedges shall comply with the height limitations
shown in Table 2-3.
TABLE 2-3 - MAXIMUM HEIGHT OF FENCES, WALLS, AND HEDGES
Location
Within front yard setback
Maximum Height
48 in 0)
At a side or rear lot line or outside of a required setback
6 ft.
Nonresidential district adjacent to a residential district
8 ft.
(1) Except in visibility triangle when the maximum height is 42 in.
D. Measurement of fence or wall height. Fence
and wall height shall be measured from finished
grade at the base of the fence to the uppermost
part of the fence. Where there is a difference in
the ground level between two adjoining parcels of
less than two feet, the height of a fence or wall
constructed along the common property line shall
be determined by using the finished grade of the
highest contiguous parcel. See Figure 2-6.
E. Swimming pools, spas, and similar features.
Swimming pools/spas and other similar water
features shall be fenced in compliance with the
California Building Code and State law.
Max.
Fence
Allowed
Fence
Height
Retaining
�f11=1111-. 1'..II
_illi_III=
Wall
—
dr _illi 11 1fs.- I It Iln_
Property Line
Figure 2-6 Fence Height
Measurement
F. Outdoor equipment, storage, and work areas.
Screening of outdoor uses and equipment shall be provided in compliance with Section
17.14.080 (Screening).
G. Temporary fencing. Temporary fencing may be necessary during site preparation and
construction. Temporary fencing for these purposes shall be subject to approval by the
Director.
CHAPTER 17.16 e APPLICABILITY AND GENERAL DESIGN
GUIDELINES
Sections:
17.16.010 - Purpose of Design Guidelines
17.16.020 - Applicability
17.16.030 - General Design Guidelines
27
17.16.010 - Purpose of Design Guidelines
The Design Guidelines in this Article are intended as a guide to assist property owners and
project designers in understanding the City's goals for attaining high quality development
that is sensitive to the City's unique character. The guidelines will be used by staff and the
Site Plan and Architectural Review Committee (SPARC) during the Design Review process,
and by the Commission in the review of land use permit applications.
17.16.020 - Applicability
A. The Design Guidelines in this Article apply to all development within the City. The
design elements of each project (including site design, architecture, landscaping,
signs, parking design) will be reviewed on a comprehensive basis.
B. The review authority may interpret these design guidelines with some flexibility in their
application to specific projects, as not all design criteria may be workable or
appropriate for each project. In some circumstances, one guideline may be relaxed to
facilitate compliance with another guideline determined by the review authority to be
more important in the particular case. The overall objective is to ensure that the intent
and spirit of the design guidelines are followed.
17.16.030 - General Design Guidelines
This Section provides general design guidelines and principles that are applicable to all
development within the City.
A. Consider adjacent development. Each development proposal should demonstrate
consideration for the context of the proposed project on and off the site including the
following:
1. Land uses and site organization of neighboring properties,
2. The architectural style and building forms of neighboring structures;
3. Existing natural features (i.e., mature trees, etc);
4. Privacy on the site and neighboring properties, and
5. Links to adjacent development using sidewalks and shared access drives and
parking.
B. Landscaping.
1. Landscaped areas should be planned as an integral part of the overall project
and not simply located in "left over" areas of the site.
2. Landscaping should be used to help define outdoor spaces, soften a structure's
appearance, and to screen parking, loading, storage, and equipment areas.
3. The use of on-site pedestrian amenities (e.g., benches, shelters, drinking
fountains, lighting, and trash receptacles) is encouraged. These elements should
be provided in conjunction with on-site open spaces and be integrated into the
site plan as primary features.
C. Exterior lighting. Exterior lighting should be designed to be compatible with the
architectural and landscape design of the project.
28
C
E.
I . An appropriate hierarchy of lighting fixtures/structures and intensity should be
considered when designing the lighting for the various elements of a project (i.e.,
building and site entrances, walkways, parking areas, or other areas of the site).
2. The use of exterior lighting to accent a building's architecture is encouraged. All
lighting fixtures should be properly shielded to eliminate light and glare from
impacting adjacent properties, and passing vehicles or pedestrians. If neon
tubing is used to illuminate portions of a building it should be concealed from
view through the use of parapets, cornices or ledges. Small portions of exposed
neon tubing may be used to add a special effect to a building's architecture but
this must be well thought out and integrated into the overall design of the project.
3. To achieve the desired lighting level for parking and pedestrian areas, the use of
more short, low intensity fixtures is encouraged over the use of a few tall fixtures
that illuminate large areas.
Screening.
1. Screening is a technique used to protect and separate uses and site functions
from one another for the purpose of decreasing adverse noise, wind, or visual
impacts and to provide privacy. The need for screening should be considered
early in the design process so that screening elements (e.g., walls, fences,
berms, landscaping) can be effectively integrated into the overall project design
and not added later as an afterthought.
2. The method of screening should be compatible with the adjacent structure in
terms of overall design, materials, and color.
3. Where screening is required at the ground level, a combination of elements
should be considered including solid masonry walls, wood fences, berms, and
landscaping.
Refuse, storage, and equipment areas.
1. Refuse containers, service areas, loading docks, and
similar facilities should be located in areas out of view from
the general public and so that their use does not interfere
with on-site parking or circulation areas, and adjacent
uses, especially residential uses.
2. Trash bins shall be fully enclosed. Enclosures should be
screened with landscaping on their most visible sides.
Recommended locations include inside parking courts or
at the end of parking bays. Locations should be
conveniently accessible for trash collection and
maintenance and should not block access driveway during
loading operations.
3. Trash storage areas that are visible from the upper stories
of adjacent structures should have an opaque or semi-
opaque horizontal cover/screen to mitigate unsightly views.
The covering structure should be compatible with the site's
architectural style.
Figure 2-7- Trash
Enclosure
Location
4. All screening facilities should be of adequate size for their intended purpose
without dominating the site, blocking sight distances, or creating unnecessary
barriers.
29
F. General building design guidelines.
Compatibility with context. New buildings should be in proportion to
surrounding buildings, except in those cases where current buildings are
oversize. Harmony in mass, lines, and materials is important but monotony
should be avoided. Buildings should be designed so that adverse impacts on
adjacent buildings and properties are minimized. Loss of natural lighting, shade
trees, noise pollution, and exhaust fumes and heat from venting should be
addressed during project review, and all possible efforts should be made to avoid
these effects.
2. Facade design. Building facades should be designed to provide visual interest
and relief. Continuous street facades, as near the street as possible with
predominantly retail uses at grade and office/professional uses above, are
encouraged. Buildings should not be overpowering or monotonous. A change in
the planes of walls or variety in the roof form provides diversity and visual
interest.
3. Building materials.
a. Artificial or decorative facade treatments, where one or more unrelated
materials appear to be simply applied to the surface of a building rather than
an integral part of its design, should be avoided. Materials should be used
honestly. Artificial products that attempt to imitate real materials (for
example, wood, stone, brick, etc.) are discouraged.
b. The composition of materials should avoid creating the impression of
thinness and artificiality. Veneers should turn corners, avoiding exposed
edges.
Change in plane with Material or color change Change of materials on some
change in material of outside corner plane Not Recommended
Recommended Not recommended
Figure 2-8 - Building Materials at Wall Edges
c. Natural building materials (e.g., wood, stone, and brick) that blend with the
natural surroundings should be used. Other materials should be reviewed on
a case-by-case basis. Buildings should minimize the use of large expanses
of reflective glazing, aluminum panels, and other materials not normally
found in Lodi. Synthetic materials that attempt to simulate the textures or
patterns of other materials (e.g., vinyl siding that attempts to simulate the
pattern of woodgrain) should not be used.
30
4. Colors.
a. Colors should be compatible with the existing colors of the surrounding area
but need not duplicate existing colors. The use of muted tones for the
structure's base color is recommended. Color should not be used as an
attention getting device.
b. Accent colors should be used carefully and be complementary to the base
color or a variation of its hue, either weaker or stronger.
c. The transition between base and accent colors should relate to changes in
building materials or the change of building surface planes. Colors should
generally not meet or change without some physical change or definition to
the surface plane.
d. In most cases, only one or two accent colors should be used in addition to
the base color.
G. Subdivisions. Subdivisions of commercial, industrial, and multi -family residential
properties should be designed to allow coordinated development of the parcels,
facilitate shared parking and common driveways, reduce encroachments onto public
and private streets, and promote pedestrian activity.
CHAPTER 17.18 - RESIDENTIAL ZONING DISTRICTS
Sections:
17.18.010 - Purpose of Chapter
17.18.020 - Purposes of Residential Zoning Districts
17.18.030 - Residential Zoning District Land Uses and Permit Requirements
17.18.040 - Residential Zoning District General Development Standards
17.18.050 - Residential Design Guidelines
17.18.010 - Purpose of Chapter
This Chapter lists the uses of land that may be allowed within the residential zoning districts
established by Section 17.10.020 (Zoning Districts Established). It also determines the type
of land use permit/approval required for each use, and provides general standards for site
development.
17.18.020 - Purposes of Residential Zoning Districts
The residential zoning districts are intended to provide for a range of housing types and
densities for all economic segments of the community while emphasizing high quality
development and home ownership (General Plan, Housing Element). The purposes of the
individual residential zoning districts and the manner in which they are applied are as
follows.
A. RLD (Low -Density Residential) District. The RLD zoning district is intended for
areas appropriate for the development of single-family detached, two-family, and
three-family homes. All interior lots are restricted to single-family homes. Corner lots
can have one-, two-, or three-family homes. The maximum allowable residential
density is 8.0 dwelling units per acre. The RLD zoning district is consistent with the
Low -Density Residential land use designation of the General Plan.
31
B. RMD (Medium Density Residential) District. The RMD zoning district is intended
for areas appropriate for a mix of housing types. Typical residential land uses include
single- and multi -family dwelling units, either attached or detached. The maximum
allowable residential density ranges from 8.1 to 20 dwelling units per acre. The RMD
zoning district is consistent with the Medium Density Residential land use designation
of the General Plan.
C. RHD (High Density Residential) District. The RHD zoning district is intended for
areas appropriate for high density multi -family dwelling units. The maximum allowable
residential density ranges from 15 to 35 units per acre. The RHD zoning district is
consistent with the High Density Residential land use designation of the General Plan.
17.18.030 - Residential Zoning District Land Uses and Permit
Requirements
Table 2-4 identifies the uses of land allowed by this Development Code in each residential
zoning district, and the land use permit required to establish each use, in compliance with
Section 17.12.030 (Allowable Land Uses and Permit Requirements).
Note: where the last column in the tables ("Specific Use
number, the regulations in the referenced section apply to
other sections of this Development Code may also apply.
32
Regulations") includes a section
the use; however, provisions in
TABLE 2-4
Residential Zones - Allowed Uses
A
UP equired
MMinor
MUP ermit Required
wed
LAND USE PERMIT REQUIRED BY DISTRICT
RLD RA D RHD
AGRICULTURE & OPEN SPACE
Production of crops A�- A A
Specific Use
Regulations
RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES
-------..._.._.---
Community centers UP UP UP
Health/fitness facility
—
—
UP
Libraries, museums, galleries
UP
UP
UP
Parks and playgrounds
UP
UP
UP
Religious facilities
UP
UP
UP
Schools - private
RESIDENTIAL USES
Accessory uses (Residential)
UP
A
UP
A
UP
A
17.36.120
Caretaker quarters
—
A
A
Home occupations
MUP
MUP
MUP
17.36.060
Live/work projects
—
UP
UP
Mobile home/RV park
—
—
UP
17.36.070
Multi -family dwellings (3 or more units)
—
A
A
Seasonal Farmworker Housing
—
A
A
Second dwelling units
A
A
A
17.36.130
Single family dwellings
A
UP
UP
Transitional and Supportive Housing
—
A
A
Two family dwellings — A A
RETAIL TRADE
Animal keeping
SERVICES
Community Care Facilities
- __ __ _-___ _----- -
Residential care facility (6 or fewer)
A
-
A
A
------ --
A
A
------ -
A
Municipal
Code Chapter
6
----... ..... ._....
17 36.040
Residential care facility (7 or more)
—
UP
UP
17.36.040
Small family day care home (up to 8)
A
A
A
17.36.030
Large family day care home (9 to 14)
Day care center
MUP
—
MUP
-----..___..-----
—
MUP
UP
17.36.030
-----__._
17.36.030
33
'17.18.040 - Residential Zoning District General Development Standards
Subdivisions, new land uses and structures, and alterations to existing land uses and
structures, shall be designed, constructed, and/or established in compliance with the
requirements in Table 2-5, in addition to the applicable development standards (e.g.,
landscaping, parking and loading, etc.) in Article 3 (Site Planning and General Development
Standards).
TABLE 2-5 - RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS
Development Feature
Requirement by Zoning District
RLD
RMD
RHD
Minimum lot size
Area - Single Family
Area - 2 -Family
Area - Multi -Family
Minimum area, width, and depth required for new parcels.
5,000 sq. ft.
5,000 sq. ft.
4,000 sq. ft.
6,000 sq. ft.l'I
5,000 sq. ft.
4,000 sq. ft.
8,000 sq. ft.
8,000 sq. ft.
Minimum lot area per unit
Single Family
2 -Family
Multi -Family
Minimum lot area per unit determines the maximum number of
dwellings that may be allowed on a parcel where this Chapter
allows more than one dwelling unit pei parcel.
5,000 sq. ft.
5,000 sq. ft.
4,000 sq. ft.
3,000 sq. ft (2i
3,000 sq. ft.
2,000 sq. ft.
4,000 sq. ft. for 1 s
unit plus 2,000 sq.
ft, for each
additional unit
5,000 sq. ft. for 15
unit plus 1,000 sq.
ft. for each
additional unit
Densityo)
Up to 8 du/ac
8.1 to 20 du/ac
15 to 35 du/ac
Lot Street Frontage Width
50'
50' for one
dwelling
60' for two
dwellings
50' for one
dwelling
60' for two
dwellin s
Setbacks
Front
Sides (each)
Street side
Rear
Garage
Minimum and, where noted, maximum setbacks required. See
Section 17.14.060 for exceptions to these re uire_m_e_nts.
15 ft.
5 ft.(3)
10 ft.
10 ft.
20 ft. from any property line abutting a street, 5 ft. from alley
Site coverage
45%
500/0
60%
Height limit
2 stories; not to exceed 35 ft.
4 stories, not to
exceed 60 ft.
Landscaping
As required by Chapter 17.30 (Landscaping)
Parking
As required by Chapter 17.32 (Parking and Loading)
Notes:
(1) Maximum number of dwellings allowed per gross acre in a residential development. Where a
density range is shown, development may be allowed at any density within the range, provided
that the project complies with all applicable Development Code provisions, and any applicable
objectives, policies, and programs of the General Plan. The actual number of units allowed is
determined through the applicable subdivision or land use permit process, and there is no
guarantee that the maximum density may be achieved.
(2) Corner lots only
(3) 5 feet for porch.
34
17.18.050 - Residential Design Guidelines
A. Purpose of Chapter
The design character of Lodi's residential neighborhoods is as diverse as the different
time periods during which they were developed. The guidelines provided here are
intended to assist project designers and property owners in understanding and
implementing the City's goals for attaining high quality residential development. They
are also intended to help preserve the traditional character of the City's older
neighborhoods.
These guidelines are intended to encourage well designed residential neighborhoods
that people enjoy living in, which: reduce the visual dominance of the automobile;
promote pedestrian activity; create variety and interest in the appearance of
residential streets; provide community open space; and protect significant features of
the natural environment.
B. Applicability
These guidelines apply to the design of new residential subdivisions and to multi-
family and clustered residential projects. Guidelines are also provided for vacant infill
parcels and single-family homes that are proposed as replacement structures within
established neighborhoods. See also Section 17.16.020 (Applicability).
C. Subdivision Design and General Residential Project Principles
The following guidelines apply to new residential subdivisions, and address how new
residential subdivisions should relate to their surroundings.
1. Develop "neighborhoods." Each new residential project should be designed
to integrate with the surrounding neighborhood to ensure that it maintains the
established character. Subdivisions in City expansion areas should be designed
so that individual, separately developed projects work together to create distinct
neighborhoods, instead of disjointed or isolated enclaves.
2. Integrate open space. New subdivisions adjacent to planned or existing parks
or other public open spaces (e.g., creeks, riparian areas), or the landscaped
grounds of schools or other public facilities should maximize visibility and
pedestrian access to these areas. Where these facilities are not already
planned, the subdivision should be designed to provide usable public open
spaces in the form of parks, linear bicycle and pedestrian trails, squares, and
greens, as appropriate.
3. Edges. "Gated communities," and other residential developments designed to
appear as continuous walled-off areas, disconnected and isolated from the rest
of the community, are strongly discouraged. While walls and fences may be
useful for security, sound attenuation and privacy, these objectives can often be
met by creative design that controls the height and length of walls, develops
breaks and variations in relief, and uses landscaping for screening.
4. Scale. New residential subdivisions, and groups of subdivisions that, in effect,
collectively create a new neighborhood, should be designed to provide a
'Walkable" scale, that places all homes within 1/4 mile of neighborhood
shopping opportunities, a neighborhood park, or a public facility that can serve
as a "center" for the neighborhood. Ideally, each neighborhood should have a
center that includes all three facilities.
35
5. Site planning. Residential subdivision and multi -family project site planning
should emphasize the needs of pedestrians and cyclists rather than cars
a. Street layout. New public streets and sidewalks should be aligned with,
and be connected to those of adjacent developments to interconnect the
community.
(1) Pedestrian orientation. Subdivision design should emphasize
pedestrian connectivity within each project, to adjacent
neighborhoods, nearby schools and parks, and to transit stops
within 1/4 -mile of planned residential areas. All streets and
walkways should be designed to provide safe and pleasant
conditions for pedestrians, including the disabled, and cyclists.
(2) Block length. The length of block faces between intersecting
streets should be as short as possible, ideally no more than 400
feet, to provide pedestrian connectivity.
(3) Street width and design speed. Streets within neighborhoods
should be no wider than needed to accommodate parking and two
low -speed travel lanes. Streets in new subdivisions should be
designed to accommodate traffic speeds of 25 miles per hour or
less, with most streets in a subdivision designed for lower speeds.
(4) Parkway/planting strips. Sidewalks should be separated from
curbs by parkway strips of at least five feet in width. The parkways
should be planted with canopy trees at a 20 -foot interval, or as
appropriate to the species of the selected street tree, to produce a
continuously shaded sidewalk. The parkways should also be
planted with ground covers and other plant materials that will
withstand pedestrian traffic.
(5) Access to open areas. Single -loaded streets (those with
residential development on one side and open space on the other)
should be used to provide public access to, and visibility of natural
open spaces, public parks, and neighborhood schools, as well as a
means for buffering homes from parks and schools.
Where single -loaded streets are not feasible or desirable, other
methods that provide similar access and visibility may be used,
including private streets, bike and pedestrian paths, or the
placement of private common open space or recreation facilities
adjacent to the public open space.
(6) Cul-de-sac streets. The use of cul-de-sac streets should be
avoided wherever possible. If cul-de-sacs are necessary, the end of
each cul-de-sac should provide a pedestrian walkway and bikeway
between private parcels to link with an adjacent cul-de-sac, street,
and/or park, school, or open space area.
(7) Alleys. Alleys may be provided for garage access, otherwise
individual lots should be wide enough to accommodate a side yard
driveway to a detached garage at the rear of the lot, so that
appearance of the street frontage is not dominated by garages and
pavement.
36
b. Open space and natural features. Providing open space and integrating
natural features into a residential project can significantly increase the
appreciation of residents in their neighborhoods, provide safe places for
children and families to play, and maintain a strong sense of connection
with the surrounding natural environment in the city as a whole.
(1) Natural amenities (such as views, mature trees, creeks, riparian
corridors, and similar features) should be preserved and
incorporated into proposed development to the greatest extent
feasible.
(2) Development adjacent to parks or other public open spaces should
be designed to provide maximum visibility of these areas.
6. Exterior finish materials. Exterior finish materials should be durable and
require low maintenance. The use of combined materials (such as stucco and
wood siding) can provide visual interest and texture; however, all sides of each
single-family dwelling or multi -family structure should employ the same
materials, design details, and window treatment. Each residential structure
should have a carefully designed and detailed facade facing the street, and
should not use bland, featureless stucco or other simple materials on the other
exterior building walls. Each residential structure should look like the same
building from all sides.
7. Windows. Where one or more windows are proposed 10 feet or less from a
side lot line, or within 10 feet of another dwelling, the windows should be
located and/or screened to provide privacy for the residents of both structures.
In some cases, glass block or translucent glass may be appropriate to provide
light, but also provide privacy between buildings.
8. Garages and carports. Accommodating vehicle storage in both single-family
dwellings and multi -family projects should avoid the common problem of
creating streets that appear garage- and driveway -dominated.
a. In the limited instances where an exception is granted for a setback to a
garage of less than 20 feet from a property line or internal driveway, the
garage shall be equipped with a roll -up door. This requirement is
intended to discourage vehicles from parking in front of garages and
blocking the adjacent driveway or sidewalk.
b. Where carports are provided, they may be bordered by patio walls, or
used to define public and private open space, but should not be located
adjacent to perimeter streets. Each carport end should be screened by a
low wall, berm, and/or landscaping.
C. Where multiple garages are located together, landscaped tree wells
should be placed between every two garage doors. Each tree well should
be a minimum of 25 square feet.
d. Carports and detached garages should be designed as an integral part of
a project. Their materials, color, and details should be the same as the
principal structures. Carports may have flat roofs but should not project
above the exterior walls of any buildings adjacent to streets.
Prefabricated metal or canvas tent -like carports are not acceptable.
Where garages are utilized, doors should appear set into walls rather than
flush with the exterior wall.
37
G
e. The use of quality materials, windows, and features with horizontal and
vertical relief are encouraged to add interest and character to the design
of garage doors and to coordinate their design with the architecture of the
primary residence.
Infill Development
The following guidelines apply to "infill development." That is, multi -family structures
or individual houses that entirely replace existing units or are constructed on vacant
parcels between existing units. The guidelines are intended to provide for infill
projects of high architectural quality that are compatible with existing development.
They are also intended to promote the conservation and reuse of existing older
houses, and to preserve the historical character of the City's older neighborhoods.
Preservation and rehabilitation efforts in the older neighborhoods should protect the
architectural features of a home that identify its individual style and contribute to the
character of the area.
General principles. Infill residential development should:
a. Be compatible in scale, siting, detailing, and overall character with
adjacent buildings and those in the immediate neighborhood. This is
crucial when a new or remodeled house is proposed to be larger than
others in the neighborhood. When new homes are developed adjacent to
older ones, the height and bulk of the new construction can have a
negative impact on adjacent, smaller scale buildings.
b. Continue existing neighborhood patterns. For example, patterns such as
front porches and entries facing the street, finished floor height, and
garages located at the rear of lots.
2. Building design. An infill residential structure should incorporate the traditional
architectural characteristics of existing houses in the neighborhood, including
window and door spacing, exterior materials, roof style and pitch, ornamentation
and other details.
3. Visual impacts from building height. The height of infill projects should be
consistent with of surrounding residential structures. Where greater height is
desired, an infill structure should set back upper floors from the edge of the first
story to reduce impacts on adjacent smaller homes, and to protect solar access.
See Figure 2-9.
4.
I �
EXISTING NEW BUILDING
IE1i
EXIS"I'ING
Figure 2-9 - Appropriate Infill Building Massing
Outdoor living areas. The use of balconies, verandas, porches, and
courtyards within the building form of infill structures is strongly encouraged.
Exterior finish materials. The thoughtful selection of building materials can
enhance desired neighborhood qualities such as compatibility, continuity, and
38
harmony. The design of infill residential structures should incorporate an
appropriate mixture of the predominant materials found in the neighborhood.
Common materials in Lodi are smooth, troweled, or sand -finished stucco, wood,
horizontal clapboard siding, brick, and stone.
6. Exterior colors. Color schemes for infill residential structures should consider
the colors of existing houses in the neighborhood, to maintain compatibility.
E. Single -Family Housing Design (Including Additions/Renovations)
1. Houses in new subdivisions. The site planning of lots and the design of
houses constructed in new subdivisions should help create neighborhoods that
are oriented more toward pedestrians than automobiles. Subdivisions of new
homes should comply with the following guidelines.
a. Subdivisions should provide variety in the architectural detailing, size, and
massing of houses on each block.
b. Houses should be located no further from the street than the minimum
setback allowed by the applicable zoning district, except to provide
variations in the alignment of houses along a block.
G. All houses should have their primary entrance facing and clearly visible
from the street, with a front porch or verandah encouraged to provide a
transition between the public space of the streetscape and the indoor
private space of the house.
d. When viewed from the street, a garage should be visually subordinate to
the living space within the house that addresses the street. Ideally, a
garage should be detached from the house, located at the rear of the lot,
and accessed by an alley, or a shared driveway from the street fronting
the lot. Where this arrangement is not appropriate, the front of an
attached garage should be set back from the front of the house (at least
15 feet is recommended where the lot area permits).
2. Infill development. New single-family homes proposed on infill lots should
comply with the guidelines for infill residential development in Section
17.18.050.D (Infill Development).
3. Additions and alterations in older neighborhoods. The following guidelines
apply to additions and the rehabilitation, remodeling, or alteration of existing
single-family houses in Lodi's older neighborhoods. While these guidelines
apply to all houses, those that are designated as cultural resources may be
subject to more strict standards.
a. Additions. Additions to residential structures built before 1950 should
respect the architectural style, detailing, scale, and composition of the
original building so that they look integrated with the original structure,
rather than a tacked -on afterthought. Modifications (e.g., additions,
seismic strengthening, replacement of windows or siding material, and
new entrances) should not compromise the integrity of historically
authentic features, materials, or finishes. Additions should also be
designed with consideration for the design and massing of adjacent
residences, to promote neighborhood compatibility. See Figure 2-10.
39
111 11R %1II 1. 1 I.I V:A 11, A
ftaufiinc
int"
od,rttlan i.� inle6rl t.d
Ilio drsl�n It t he <relw;t bWid, n,
t -M) t YRAMA: IfLNA 1101,\
SNF I (CIM76 ,�..
1111 ur +1 fl .7L tlronln
,1.. 1111 I ��ili of
I)I:JIRABI I Ill: %..AA
I:]1)1 SIRA61.I.. 11lIML N
Figure 2-10 Additions to Existing Homes
(1) Roof changes. The roof features of a residential structure,
especially its style, materials and pitch, are important architectural
elements that must be considered when planning an addition. The
roof style, pitch and materials on the addition should match the
original.
(2) Additional floors. Adding a story to an existing house will change
the building proportions and should be carefully designed to follow
similar multi -story examples of the particular architectural style
found in the neighborhood. In some cases, integrating the new
story addition may require that it be set back or "stepped" back from
the front facade so that it is less noticeable from the street.
b. Alterations - Restoration and remodeling. The rehabilitation of older
buildings should aim to retain and restore their original elements. If
damage or deterioration is too severe, the element should be recreated
using original materials to match the design, color, texture and any other
important design features. See Figure 2-11.
40
Materials are inconsis'fenl
!ilc tooling should with ongmnl0r<hilecfure
be replaced with
original shingles Reploce instal windows
with original style windows
- -� -
-71
Add,honol heir g
'_��_ al /nundolion
Inappropriate
/10,11 door design
Inopproptiale front roiling
. Rnpoir wood windows
Urban D:i_n Studio
Figure 2-11 Remodeling Features
When replacement is necessary and materials similar to or consistent with
original materials cannot be obtained, substitute materials should
incorporate design, colors and textures that convey the traditional
appearance of the original material.
C. Exterior materials. Original exterior building materials should be retained
whenever possible. Mismatched materials of different sizes, shapes,
textures, or finishes should be avoided.
(1) Wood siding. Residential buildings with original wood clapboard
siding should not be stuccoed in an attempt to "modernize" their
appearance.
(2) Brick surfaces. Brick surfaces should not be sandblasted to
remove old paint, nor should they be covered with stucco or other
siding materials. Sandblasting will damage the natural fired surface
of the brick and cause it to lose its water repellent qualities. Paint
should be removed by chemical stripping. Brick that was not
intended to be painted as part of a building's original design should
not be painted over.
d. Windows. Most older residential structures have wood -framed windows
that are either fixed, double hung, or casement. Window replacements or
additions should also use the original type of window. It is strongly
recommended that aluminum frame windows not be used as
replacements in any residential structure unless they were part of the
original design. See Figure 2-12.
41
F11,I
Ned ilwAl Dauble hmg or co.emenl.i 6011
sirAlehung wmaor,
(upper so!h may be Rea)
U d>nm De'," SmA,o
Figure 2-12 Window Types and Treatments
e. Doors. Many of Lodi's older homes have solid wood doors consistent
with the particular architectural style of the building. The front door is
typically the most ornate, with secondary doors usually more utilitarian in
appearance. The size, shape and style of doors is an important feature of
all historical architectural styles, and the original type and design should
continue to be used. See Figure 2-13.
Figure 2-13 Door Features
If the original door is missing, an appropriate design should be selected
through the study of the doors of similar residential structures in the
neighborhood, or by consulting books on architectural styles. Some older -
style panel doors can be obtained from material suppliers, and may
closely match original doors.
Porches and stairs. During rehabilitation efforts, the design integrity of
the front porch should be maintained. The installation of wrought iron or
aluminum railings should be avoided, as a change in the structural or
decorative elements of the front porch will usually compromise the
architectural integrity of the entire
architectural integrity may require
See Figures 2-14 and 2-15.
42
building. Restoring an older building's
"undoing" previous porch alterations.
ai k1
I
-AlJj
Figure 2-12 Window Types and Treatments
e. Doors. Many of Lodi's older homes have solid wood doors consistent
with the particular architectural style of the building. The front door is
typically the most ornate, with secondary doors usually more utilitarian in
appearance. The size, shape and style of doors is an important feature of
all historical architectural styles, and the original type and design should
continue to be used. See Figure 2-13.
Figure 2-13 Door Features
If the original door is missing, an appropriate design should be selected
through the study of the doors of similar residential structures in the
neighborhood, or by consulting books on architectural styles. Some older -
style panel doors can be obtained from material suppliers, and may
closely match original doors.
Porches and stairs. During rehabilitation efforts, the design integrity of
the front porch should be maintained. The installation of wrought iron or
aluminum railings should be avoided, as a change in the structural or
decorative elements of the front porch will usually compromise the
architectural integrity of the entire
architectural integrity may require
See Figures 2-14 and 2-15.
42
building. Restoring an older building's
"undoing" previous porch alterations.
F
r
Figure 2-14 Appropriate Porch Stairway Designs
Figure 2-15 Inappropriate Porch Stairway Designs
g. Ornamentation and trim. The authentic decoration and trim of a
residential structure lends character and identifies the building with a
particular architectural style. Care should be taken in handling these
materials during renovation because they are critical components.
h. Roofs. Care should be taken to ensure that roofing materials are
compatible with the original style of the structure.
Multi -Family and Clustered Housing Design
Multi -family and clustered housing projects are generally more dense than single-
family developments, and tend to generate larger parking areas and provide less
private open space. If not properly designed, parking can dominate a site, and open
space may only be provided as "left over" areas, unrelated to other project features,
not usable for outdoor activities, and that expose residents to uncomfortable noise
levels. Multi -family projects surrounded by high walls, parking lots and/or rows of
carports along streets are inappropriate in Lodi and should be avoided. These
guidelines address higher density developments through appropriate guidelines for
site planning, parking and circulation layout, building design, and landscaping.
1. Site planning. Site planning for a multi -family or clustered housing project
should create a pleasant, comfortable, safe, and distinct place for residents,
without the project "turning its back" on the surrounding neighborhood
a. The placement of new units should consider the existing character of the
surrounding residential area. New development should respect the
privacy of adjacent residential uses through appropriate building
orientation and structure height, so that windows do not overlook and
impair the privacy of the indoor or outdoor living space of adjacent units.
43
b. Multi -family units should be clustered. A project of more than 10 units
outside the Downtown should separate the units into structures of six or
fewer units. See Figure 2-16.
Figure 2-16 — Clustered multi -family units
C. Multi -family structures should be set back from adjacent public streets
consistent with the prevailing setback pattern of the immediate
neighborhood.
d. Multi -family projects with densities less than 30 units per acre should be
comprised of "walk-up" rather than "stacked" units, with each unit adjacent
to a street having its primary pedestrian entrance from the street sidewalk.
Higher density projects should be designed either with ground floor units
having individual sidewalk entrances, or as courtyard projects with at least
one significant pedestrian entrance from the street sidewalk. Where
individual units have access to the street sidewalk, private "front yard"
outdoor space may be differentiated from the public right-of-way by a
porch, or small yard enclosed by a low fence. See Figures 2-17 and 2-18.
Figure 2-17 — Most ground floor units should have entrances facing the street
44
e. Residential units and activity areas not adjacent to a street should be
accessible via pedestrian walkways and bikeways separate from vehicle
parking areas and driveways. See Figure 2-18.
Figure 2-18 — Walkways separate from vehicle access
2. Parking and driveways. Individual closeable garages are the preferred
method for providing parking for residents in multi -family projects. If garages
within the residential structures are not provided, dispersed parking courts are
acceptable.
a. Long, monotonous parking drives and large, undivided parking lots are
discouraged.
b. The main vehicle access into a multi -family site should be through an
attractive entry drive. Colored and textured paving treatment is
encouraged outside of the public street right-of-way, and within the
project.
G. Parking areas should be visible from the residential units to the extent
possible.
d. Safe and protected bicycle parking should be located convenient to each
dwelling unit.
e. Parking courts, with or without carports, should not consist of more than
two double -loaded parking aisles (bays) adjacent to each other. The
length of a parking court should not exceed the width of eight adjoining
stalls.
f. Parking courts should be separated from each other by buildings within
the project or by landscape or natural open space areas at least 30 feet
wide.
g. Large scale multi -family projects (i.e., more than 20 units) with internal
streets should have the streets designed as if they were pleasant public
streets, with comprehensive streetscapes including sidewalks, and
planting strips between curb and sidewalk with canopy trees.
45
h. Private storage cabinets shall be provided in all car ports.
3. Multi -family project architecture. The exterior design of multi -family projects
should be derived from architectural styles in the surrounding neighborhood.
Often, these types of projects are adjacent to single family neighborhoods, and
care in design should ensure that the height and bulk of the higher density
projects do not impact adjacent lower density residential areas.
a. Facade and roof articulation. A structure with three or more attached
units should incorporate significant wall and roof articulation to reduce
apparent scale. Changes in wall planes and roof heights, and the
inclusion of elements such as balconies, porches, arcades, dormers, and
cross gables can avoid the barracks -like quality of long flat walls and
roofs. Secondary hipped or gabled roofs covering the entire mass of a
building are preferable to mansard roofs or segments of pitched roof
applied at the structure's edge. Structures (including garages and
carports) exceeding 150 feet in length are discouraged. See Figures 2-17
and 2-19.
b. Scale. Because multi -family projects are usually taller than one story,
their bulk can impose on surrounding uses. The larger scale of these
projects should be considered within the context of their surroundings.
Structures with greater height may require additional setbacks at the
ground floor level and/or upper levels (stepped -down) along the street
frontage so they do not shade adjacent properties or visually dominate the
neighborhood. Large projects should be broken up into groups of
structures, and large single structures should be avoided. See Figure 2-
19.
C. Balconies, porches, and patios. The use of balconies, porches, and
patios as part of multi -family structures is encouraged for both practical
and aesthetic value. These elements should be used to break up large
wall masses, offset floor setbacks, and add human scale to structures.
Multi -family units with individual access to the street sidewalk should have
individual covered porches. See Figure 2-19.
Figure 2-19
46
d. Dwelling unit access. The use of balconies and corridors to provide
access to five or more units should be avoided. Access points to units
should instead be clustered in groups of four or less. To the extent
possible, main entrances to individual units should be from adjoining
streets. Distinctive architectural elements and materials should be used
to highlight primary entrances.
e. Exterior stairways. Stairways providing access to the upper levels of
multi -family structures should be located mostly within the buildings
themselves. Where exterior stairways are necessary, they should provide
residents and visitors protection from weather, and should be of stucco,
plaster or wood, with accent trim to match the main structure.
Thin -looking, open metal, prefabricated stairs that are not integrated with
the design of the structure are discouraged.
f. Accessory structures. Accessory structures should be designed as an
integral part of a project. Their materials, color, and details should be the
same as the principal structures on the site.
CHAPTER 17.20 - COMMERCIAL ZONING DISTRICTS
Sections:
17.20.010 - Purpose of Chapter
17.20.020 - Purposes of Commercial Zoning Districts
17.20.030 - Commercial Zoning District Land Uses and Permit Requirements
17.20.040 - Commercial Zoning District General Development Standards
17.20.050 - Commercial Design Guidelines
17.20.010 - Purpose of Chapter
This Chapter lists the uses of land that may be allowed within the commercial zoning
districts established by Section 17.10.020 (Zoning Districts Established), determines the
type of land use permit/approval required for each use, and provides basic standards for site
development.
17.20.020 - Purposes of Commercial Zoning Districts
The commercial zoning districts are intended to provide for a range of local -serving and
regional -serving commercial uses, emphasizing high quality development, and to encourage
revitalization of existing commercial land uses. The purpose of the individual commercial
zoning districts and the manner in which they are applied are as follows.
A. CC (Community Commercial) District. The CC zoning district is applied to areas
suitable for a full range of retail, wholesale, and service uses including retail stores,
apparel stores, specialty shops, shopping centers and home furnishings. The
maximum floor area ratio (FAR) is 0.4. The CC zoning district is consistent with the
Neighborhood/Community Commercial land use designation of the General Plan.
B. GC (General Commercial) District. The GC zoning district is applied to areas
appropriate for a range of community serving commercial, regional retail, and service
land uses. The FAR is 0.6. The GC zoning district is consistent with the General
Commercial land use designation of the General Plan.
47
C. O (Office). The O zoning district is applied to areas appropriate for administrative,
financial, business, professional, and medical offices. Support commercial uses are
also permitted, subject to limitations. The maximum FAR is 0.6. The O zoning district
is consistent with the Office land use designation of the General Plan.
17.20.030 - Commercial Zoning District Land Uses and Permit
Requirements
Table 2-6 identifies the uses of land allowed by this Development Code in the commercial
zoning districts, and the land use permit required to establish each use, in compliance with
Section 17.12.030 (Allowable Land Uses and Permit Requirements).
Note: where the last column in the tables ("Specific Use Regulations") includes a section
number, the regulations in the referenced section apply to the use, however, provisions in
other sections of this Development Code may also apply.
A Allowed Use
TABLE 2-6 ---- - . —_
UP Use Permit Required
Commercial Zones — Allowed Land Uses and — —-
Permit Requirements MUP Minor Use Permit Required
Use Not Allowed
LAND USE
PERMIT REQUIRED BY DISTRICT Specific Use
-- ----- ---
CC Gc I O Regulations
AGRICULTURE AND OPEN SPACE
Production of Crops ( A A l A 1
RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES
---------_____-----
Clubs, lodges, & membership halls — A UP
Community centers — A UP
Health/fitness facilities UP UP UP
-- ------ -------- ---- - --- -- .__ ---- ----.._.._
Indoor amusement/entertainment facilities .UP UP
Indoor sports facilities UP UP UP
Libraries, museums, galleries A A A
Outdoor recreation facilities UP UP --
_-____-_---- --._..-------
Religious facilities — UP
Schools - Private — UP UP
Schools - Specialized education and training UP A A
!Studios Art, dance, martial arts, music, etc. UP A _ UP
RESIDENTIAL USES
--- --- --- ---- — — -- --- --
Caretaker quarters — — UP
--- .—. .....--
----------
Residential
-- Residential shelters — A
RETAIL TRADE
Accessory retail uses A A A
Alcoholic beverage sales off-site UP UP —
Alcoholic beverage sales, on-site UP UP --
Animal sales and grooming A A
Art, antique, collectible, and gift stores A A —
48
49
A
Allowed Use
TABLE 2-6
UP
e
Use Permit Required
Commercial Zones - Allowed Land Uses and
--
MUP
--
Minor Use
--
Permit Required
Permit Requirements
Use Not Allowed
PERMIT REQUIRED
BY
DISTRICT
I Specific Use
LAND USE ...._....
CC
___.. ..----------
GC
O
Regulations
Auto parts sales A
.....---...---..._..----------------------._
A
-___....
......... ..---- ..
Auto sales and rental --
A
—
Building material stores A
A
—
Construction/heavy equipment sales and rental —
- _._.......---_--.-----------------------
A
---------....._._.....—_._
..._....--
Convenience stores A
A
A
Drive-in and drive-through sales and services
UP
UP
UP
.....
Furniture, furnishings & appliance stores
.. __-
A
A
--
---- ------
Gas stations
UP
UP
—
General retail sales
A
A
—
Grocery stores
A
A
—
._..._...__..----._.__......_....._.—_..__...—
home and RV sales
—
A
—
- ------
Night clubs, bars, and cardrooms
—
UP
—
Plant nurseries and garden supply stores
A
A
—
Restaurants
A
A
A
Warehouse retail
A
A
—
SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL
Automated teller machines (ATMs)
A
A
A
Banks and financial services
A
A
A
---.-_.--_
......_..--- ----------
Business support services
-------..
A
----- .— ---
A
------- --
A
___..__.—.._.._
Medical - Clinics, offices, and laboratories
A
A
A
Medical - Extended care
—
A
A
Medical - Hospitals
—
—
A
.._._.__..._._-_-
Offices
A
A
A
---------------
___...._-_._._.------------�----�
Professional Services
--------------------------
A
A
A
SERVICES
Audio & video rental
A
A
—
Auto repair and maintenance
...._....---._.. .... ____.__
—
UP
—
Carwash
—
UP
Community care facilities
Residential care facility (6 or fewer)
—
—
17 36.040
Residential care facility (7 or more)
—
—
—
17.36.040
Small Family day care home (up to 8)
-- ---
—
—
—
_...__ .... _--_--_
17.36.030
.._—
Large family day care home (9 to 14)
—
—
17 36.030
Day care center
UP
UP
UP
17 36.030
Hotels and motels
UP
UP
UP
49
17.20.040 - Commercial District General Development Standards
Subdivisions, new land uses and structures, and alterations to existing land uses and
structures, shall be designed, constructed, and/or established in compliance with the
requirements in Table 2-7, in addition to the applicable development standards (e.g.,
landscaping, parking and loading, etc.) in Article 3, (Site Planning and General Development
Standards).
50
A
Allowed Use_
TABLE 2-6
Commercial Zones - Allowed Land Uses and
UP
-
Use Permit Required
- -
Permit Requirements
MUP_
Minor Use Permit Required
-
Use Not Allowed
PERMIT REQUIRED
BY
DISTRICT Specific Use
LAND USE
cc
GC
O Regulations
Mortuaries & funeral homes —
A
UP
Personal services
A
------------------------
A
A
----- __.... .... .... _
Pharmacies
A
A
—
Research and development
—
—
A
-- -----------------------------------
Storage — indoor
—
UP
—
-----
Upholstering shops
—
UP
—
Veterinary clinics, outpatient treatment only
A
A
A
Veterinary clinics animal hospitals, kennels
.----- _._._..... - ..._.._._.__ ._—.__.—.
—
_.---
UP_
----------
---------
INDUSTRIAL, MANUFACTURING & PROCESSING,
WHOLESALING
Recycling
---
Small collection facility
MUP
MUP
—
! 17.36.110
Large collection facility
—
—
—
17.36.110
TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE
USES
Broadcast studios
UP
UP
UP
Parking facilities/vehicle storage
—
UP
—
Telecommunications facilities
UP
UP
17.36.140
Utility Facility
UP
UP
UP
17.20.040 - Commercial District General Development Standards
Subdivisions, new land uses and structures, and alterations to existing land uses and
structures, shall be designed, constructed, and/or established in compliance with the
requirements in Table 2-7, in addition to the applicable development standards (e.g.,
landscaping, parking and loading, etc.) in Article 3, (Site Planning and General Development
Standards).
50
TABLE 2-7
Commercial District General Development Standards
Development Feature
Requirement by Zoning District
CC
GC
0
Minimum lot size
Area
Width
Depth
Minimum area, width and depth required for new parcels.
2.0 acres
8,000 sq. ft.
8,000 sq. ft.
—
75 ft.
75 ft.
—
100 ft.
100 ft.
Setbacks
Front
Sides (each)
Street side
Rear
Minimum and, where noted, maximum setbacks required. See Section
17.30.070 for exceptions to these requirements.
25 ft.
10 ft.
10 ft.
25 ft.
None
None
25 ft.
Noneo)
10 ft.
25 ft.
None(l)
10 ft.
Floor Area Ratio (FAR)
0.60
Height limit
2 stories, not to exceed 35 ft.
Landscaping
As required by Chapter 17.30 (Landscaping)
Parking
As required by Chapter 17.32 (Parking and Loading)
Enclosure requirement
All uses shall be conducted within a completely enclosed building unless
the specific use and zone permit otherwise. Uses allowed in an applicable
zone that are determined by the Director to require outdoor storage or
activities(for example, vehicle sales lots, service stations, etc.) may be
exempted from this requirement.
Notes:
(1) No setback is required unless adjacent to a residential use or zone where the setback shall be 10 ft..
17.20.050 - Commercial Design Guidelines
A. Purpose
The commercial design guidelines in this Chapter are intended to assist in preserving
and rehabilitating the commercial areas of Lodi. The guidelines are also intended to
provide for infill commercial development of high architectural quality that is compatible
with existing architecturally superior development, to promote the conservation and
reuse of existing buildings of high quality design. While these guidelines are primarily
oriented toward the downtown area, they are also designed to enhance and preserve
the small town character of the City's other commercial areas.
B. Applicability
See Section 17.16.020 (Applicability of Design Guidelines).
C. Site Planning Outside of the Downtown
1. Building and parking location.
a. General placement principles. Buildings should generally be oriented
parallel to streets and placed as close to the street as required setbacks
permit. Buildings may be angled to create interesting juxtapositions if there
51
is a specific design goal to be achieved. However, definition of the street
edge is an important role for buildings that should be considered in design.
Exceptions may occur for wider setbacks from the street if a compatible
use is proposed (for example, outdoor dining or pedestrian rest area) or to
maintain continuity with landscaped areas on adjacent properties.
E
v
---
�`='� 17JIbIIWS 'i9Hn-t��%Id/mitfu�
Of f v 511vt mr i1t
Figure 2-20 Building Placement at Street
b. Pedestrian orientation. The orientation of buildings should establish and
maintain pedestrian -oriented street frontages. Buildings with high
pedestrian use should face, and be directly accessible from the public
sidewalk.
C. Vehicle -oriented areas. Buildings in areas of the City that rely more on
the use of the automobile for access should be oriented to major open
space and streetscape elements, and as much as possible should not be
located behind parking lots located between the building and the street.
d. Corner buildings. Corner buildings should have a strong tie to the
setback lines of each street. The primary mass of the building should not
be placed at an angle to the corner. This does not preclude angled
building corners or an open plaza at the corner which are strongly
encouraged.
e. Projects with multiple structures. Multiple buildings in a single project
should create a positive functional relationship with one another and the
street. The first priority for multiple -building projects is to address the
street with features that provide pedestrian interest and facilitate access to
the project. Second, buildings should be clustered to achieve a "village"
scale. This creates opportunities for internal plazas and pedestrian areas.
When clustering is impractical, a visual link should be established between
buildings. This link can be accomplished through the use of an arcade
system, trellis, colonnade, and through enhanced paving.
52
0
Encouraged
Buffer planting
continuous
movement 7
Buildings
clustered for
pedestrian
access
Provide plaza
Orient buildings
to the street
Good distance
from intersection
Discouraged
Directional — Dead no parking
conflict -- aisle
i
I .. Too close to
intersection
- Buildings not
connected for
pedestrian access
Figure 2-21 Location of Parking and Buildings
Open space areas. Open space areas should be accessible from the
majority of structures, and should be oriented to take advantage of sun or
shade as appropriate.
g. Pedestrian walkways. Projects should connect the on-site pedestrian
circulation system to the off-site public sidewalk at intervals of at least one
connection for each 200 linear feet (or fraction thereof). Parking areas
should be connected to building entrances by means of enhanced paving
(patterned or stamped).
Building Orientation
The organization and orientation of commercial buildings and spaces is crucial in
creating streets that are welcoming and friendly to pedestrians. Active public
spaces and city streets that are heavily used by pedestrians contribute to the
character and economic vitality of the City. High levels of pedestrian activity —
shopping, eating, "people watching," exercising, strolling, relaxing, walking from
place to place — are valued and encouraged throughout the City's commercial
areas. These activities create interest, provide a sense of safety on the street,
and add to community image and identity. The following guidelines provide a
framework for site organization and orientation of commercial land uses.
a. Street orientation.
(1) Building facades, including storefronts, should be designed to orient to
the major street frontage, with the primary building entry also oriented
toward the major street.
(2) Buildings on corners should include storefront design features for at
least 50 percent of the wall area on the side street elevation.
(3) Long, blank, unarticulated street wall facades are strongly discouraged
unless unavoidable because of specific site circumstances. Monolithic
street wall facades should be "broken" by vertical and horizontal
articulation, characterized by:
53
i,41
(a) Sculpted, carved or penetrated wall surfaces defined by recesses
and reveals);
(b) Breaks (reveals, recesses);
(c) Window and door openings; or
(d) Balconies, awnings and canopies.
FI C1F M_F1
Arllculo/c ol�r�tlr,ry5
CO
inr� low
7 I --
mono-
Figure 2-22 Storefront Proportions
(4) Large unbroken facade surfaces should be avoided at the storefront
level. This can be achieved in a number of ways including:
(a) Dividing the facade into a series of display windows with smaller
panes of glass;
(b) Constructing the facade with small human scale materials such
as brick or decorative tile along bulkheads;
(c) Providing traditional recessed entries;
(d) Careful sizing, placement and overall design of signage; and
(e) Providing consistent door and window reveals.
Street edge.
(1) The first floor of any infill commercial building should be built directly at
the front property line C abutting the sidewalk C unless minor variations
are permitted by the City for plazas, public art or other pedestrian -
oriented purpose.
54
Ukm Design Sludio
Figure 2-23 Placement of Infill Buildings
(2) Awnings, trellises and other accessory structures that are relatively
open and do not restrict pedestrian or vehicular movement may project
over the right-of-way with City approval.
Figure 2-24 Awnings Provide
Pedestrian Scale and Comfort
(3) Any building located at a corner intersection should incorporate
architectural features at the ground floor which emphasize the
importance of pedestrian movement. These features may include
building cut-offs, walk-through covered arcades, trellis structures and
other elements which focus visual interest on the corners.
55
Figure 2-25 Desirable Design Features for Street Corner Buildings
C. Public spaces. Public space associated with commercial buildings should
serve as a transition from the outside to the inside of buildings, and should
be supportive of pedestrian activity. Public areas should be designed so
that all members of the public fee that they may enter, and should be
designed as extensions of the public space of the sidewalk (e.g., by
providing pedestrian amenities such as benches and fountains, and by
continuing the hardscape of the sidewalk).
(1) Plazas.
(a) Plazas should be designed to supplement, rather than replace
on -street activity areas. Paving and furniture used in private
plazas should complement streetscape elements used in the
public right-of-way.
(b) Retail shops, restaurants, offices or other activity -generating uses
should be located at the edges of plazas; blank walls should be
minimized adjacent to pedestrian spaces.
(c) Plazas should be designed with unimpeded lines -of -sight to and
from the public sidewalk. Security fences, walls, and entry gates
shall not block the sidewalk edge of the plaza or views into the
plaza. At least 15 feet of building frontage should be transparent
or visually penetrable to provide entry to and views into the plaza.
(d) Entries to a plaza, and storefront entries within the plaza, should
be designed and lit so they do not create hiding places.
(e) Visual features, such as public art or a fountain, should be
incorporated in plazas to attract pedestrians.
(f) Seating should be provided at a ratio of at least one seating area
for each 100 square feet of plaza, in addition to any outdoor
dining areas.
(g) Plazas, including all entrances and exits, should be fully
illuminated one-half hour after sunset to one-half hour before
sunrise to facilitate natural surveillance opportunities and to
discourage illegitimate activities. Lighting should be designed to
help define, order and further develop the design concept of the
space in a manner that appears welcoming to pedestrians.
56
(h) Signs or other mechanisms should identify that the plaza is
available for public use during business hours.
(i) Security gates and security fencing may not be used in plazas,
except as may be permitted by the Review Authority when
granting the land use permit for the project, based on a
determination that unusual circumstances justify their use.
(2) Entry courtyards. Where used, courtyards should:
(a) Include focal elements of sculpture, water, plantings and seating
niches.
(b) Be provided trees that are drought tolerant, and planted in
symmetric patterns.
(c) Be designed to provide both visibility and separation from the
street.
D. Building Design and Architecture
The visual relationships between individual commercial buildings contribute to
community identity, levels of pedestrian activity, and economic vitality. When the
architectural features (for example, entry spacing, window lines, and signs) of
commercial buildings are complementary, the larger district image becomes more
positive and unified. Building facades, in particular, influence cohesiveness, legibility
and aesthetic pride. Likewise, storefront design can encourage shopping, increase a
sense of security, and generate pedestrian activity. Where commercial buildings are
neighbors to residential buildings, consideration of scale, detail, and materials are even
more important.
Mass and scale. Building scale and massing contributes to the unique
character and pedestrian -orientation of the downtown and some of the other
commercial areas of Lodi. Smaller -scale buildings, or buildings perceived to be
of small-scale, are most suitable to creating the atmosphere desired in the City.
Human -scale buildings are comfortable and create a friendly atmosphere that
enhances the marketability of commercial areas. To this end, buildings — and
their parts — should impart a sense of human scale and assume a reinforcing
relationship with the sidewalk, street, and pedestrian activity. The relationship of
the building elements to the overall building should create a clear set of
meaningful relationships between the building and the elements and the
elements to each other. The elements of the building should not appear as
random or unrelated to each other.
The height and scale of infill development and alterations to existing
development within commercial areas should complement existing structures
while providing a sense of human scale and proportion. Infill structures should be
designed to provide storefront windows, doors, entries, transoms, awnings,
cornice treatments and other architectural features designed to complement
existing structures without duplicating a particular architectural style. Specific
guidelines related to the mass and scale of building architecture are as follows:
57
a. General design principles.
(1) The characteristic proportion (relationship of height to width) of existing
facades should be considered in relation to infill development,
alterations and additions.
Figure 2-26 Infill Facade Proportions
(2) Whenever an infill building is proposed which is much "wider" than the
existing characteristic facades on the street, the infill facades should be
broken down into a series of appropriately proportioned "structural
bays" or components typically segmented by a series of columns or
masonry piers which frame window, door and bulkhead components.
Creating and reinforcing a facade rhythm helps tie the commercial
street together visually and provides the pedestrian with a standard
measurement of his or her progress.
Figure 2-27 Infill Structure Fagade Divided into Bays
(3) The commercial buildings in Lodi are generally in the one- to three-
story range. Infill buildings or upper story additions to existing buildings
should not be much higher or lower than the height of surrounding
structures.
58
inliU (
f `R 1J, PH
1_-ol0 IL
One story infill
)r% C1 Lell
T tfiif --{i F r n;—
Two story infill
Figure 2-28 Infill Consistent with Context
b. Building proportions.
(1) Maintain a clear visual distinction between upper story openings and
street level storefront openings (windows and doors). There should
usually be more window area at the storefront level to provide greater
interior visibility for pedestrians, as opposed to upper stories with
smaller window openings.
Figure 2-29 New Storefront Proportions Consistent with Context
(2) Whenever an infill building is proposed between two adjacent
commercial structures, the characteristic rhythm, proportion and
spacing of existing door and window openings should be maintained.
G. Horizontal rhythms/alignment of architectural elements.
59
Two story
inliU (
f `R 1J, PH
1_-ol0 IL
One story infill
)r% C1 Lell
T tfiif --{i F r n;—
Two story infill
Figure 2-28 Infill Consistent with Context
b. Building proportions.
(1) Maintain a clear visual distinction between upper story openings and
street level storefront openings (windows and doors). There should
usually be more window area at the storefront level to provide greater
interior visibility for pedestrians, as opposed to upper stories with
smaller window openings.
Figure 2-29 New Storefront Proportions Consistent with Context
(2) Whenever an infill building is proposed between two adjacent
commercial structures, the characteristic rhythm, proportion and
spacing of existing door and window openings should be maintained.
G. Horizontal rhythms/alignment of architectural elements.
59
(1) When an infill building is proposed, the common horizontal elernents
(e.g. cornice line, window height/width and spacing) of neighboring
structures should be identified and the infill should have similar rhythm
or alignment.
(2) If maintaining a horizontal rhythm or alignment in an infill building is
very difficult or otherwise impossible, the use of fabric canopies or
awnings is encouraged to establish a shared horizontal storefront
rhythm.
d. Architectural features.
(1) Features such as balconies, open and enclosed turrets, finials and bay
windows that help give human scale and interest to buildings are
encouraged.
(2) Decorative ornamentation, the decorative use of color and integral
color materials, and architectural composition that employs abstract or
representational ornament to help order the facade or emphasize the
relative importance of different building elements are encouraged.
2. Architectural elements/materials. The types of materials and architectural
elements incorporated into commercial buildings contribute to visual interest,
community image, business identity and architectural quality. The following
guidelines provide a framework for creating a cohesive commercial character
while providing flexibility and promoting unique architectural features.
a. Entries and doorways.
(1) Main building entries should emphasize the point of arrival in one or
more of the following ways:
• placement of art or decorative detailing
• a turret or balcony over the entrance
• change of material or detailing
• greater concentration of ornaments
• flanked columns, decorative fixtures or other details
• recesses within a larger arched or cased decorative opening
• a portico (formal porch) projecting from or set into the building face
• changes in roofline, a tower, or a break in the surface of the subject
wall
• architectural features above it
(2) Street corner commercial buildings should provide a prominent
entrance to street level shops or lobby space at or near the corner.
60
Figure 2-30 Prominent Corner Entrance
b. Doors and windows.
(1) Retail store doorways should contain a high percentage of glass to
allow pedestrians to see the retail contents and activities in stores.
Urban Design Studio
Figure 2-31 Maintain Extensive Storefront Glass Area
(2) When windows are added or changed, it is important that the design be
compatible with the facade theme of the block (streetscape).
(3) Use clear glass (at least 88 percent light transmission) in first floor
windows.
(4) Storefront windows should be as large as possible and no closer than
18 inches from the ground (bulkhead height). By limiting the bulkhead
height, the visibility to the storefront displays and retail interior is
maximized. Maximum bulkhead heights for infill construction should
be 17 inches.
61
UIUTn uosign J�uNo
Figure 2-32 Storefront Components
(5) Introducing or changing the location or size of windows or other
openings that alter the architectural rhythm or character of the original
building is discouraged.
(6) Permanent, fixed security grates or grilles in front of windows are not
permitted. Any necessary security grilles should be placed inside,
behind the window display area.
(7) Traditional storefront transom windows should be retained whenever
feasible. If the ceiling inside the structure has been lowered, the
ceiling should be stepped up to meet the transom so that light will
penetrate the interior of the building.
if
----------
SIGN AREA SIGN AREA
rl i i
The original Ieuded glass ninsom window is prescrvcd
Oil this building by correct placement of lettered signs on
windows and sign band above If window
Figure 2-33 — Transom windows
C. Awnings and canopies
62
FITEI
I
comice
Transom Wlnrlow
I
_
Display Window
_ Bulkhead
Pref
Recessed Entry Door
UIUTn uosign J�uNo
Figure 2-32 Storefront Components
(5) Introducing or changing the location or size of windows or other
openings that alter the architectural rhythm or character of the original
building is discouraged.
(6) Permanent, fixed security grates or grilles in front of windows are not
permitted. Any necessary security grilles should be placed inside,
behind the window display area.
(7) Traditional storefront transom windows should be retained whenever
feasible. If the ceiling inside the structure has been lowered, the
ceiling should be stepped up to meet the transom so that light will
penetrate the interior of the building.
if
----------
SIGN AREA SIGN AREA
rl i i
The original Ieuded glass ninsom window is prescrvcd
Oil this building by correct placement of lettered signs on
windows and sign band above If window
Figure 2-33 — Transom windows
C. Awnings and canopies
62
(1) Where the facade of a commercial building is divided into distinct
structural bays (sections defined by vertical architectural elements,
such as masonry piers), awnings should be placed within the vertical
elements rather than overlapping them. The awning design should
respond to the scale, proportion and rhythm created by these structural
bay elements and nestle into the space created by the structural bay.
_Au_ '.l _ ;'
T �
l ."1
ENCOURAGED: Shed awning is consistent with rectilinear
building form
I'_
�r
ENCOURAGED: Awning
in scale with building
facade
7
i
DISCOURAGED: Round
awning is not consistent with
rectilinear building form
Figure 2-34 Appropriate and Inappropriate Awning Forms
(2) Awning shape should relate to the window or door opening. Barrel-
shaped awnings should be used to complement arched windows while
square awnings should be used on rectangular windows.
(3) Awnings shall not be internally illuminated.
63
d. Grillwork/metalwork and other details. There are a number of details,
often thought of as mundane, which may be incorporated into the design to
add a degree of visual richness and interest while meeting functional
needs. These details include the following:
(1) Light fixtures, wall mounted or hung with decorative metal brackets.
(2) Metal grillwork, at vent openings or as decorative features at windows,
doorways or gates.
(3) Decorative scuppers, catches and down -spouts, preferably of copper.
(4) Balconies, rails, finials, corbels, plaques, etc.
(5) Flag or banner pole brackets.
Figure 2-35 Metalwork Design Elements
Exterior walls and materials. The exterior wall design elements of
commercial buildings involve two aspects C color and texture. Materials
with integral color such as hard smooth troweled plaster, tile and stone is
encouraged. If the building's exterior design is complicated, with many
design features, the wall texture should be simple and subdued. However,
if the building design is simple (perhaps more monolithic), a finely textured
material, such as patterned masonry, can greatly enrich the building's
overall character.
Storefront materials should complement the materials used on significant
adjacent buildings. The following materials are considered appropriate for
commercial buildings within Lodi. The number of different wall materials
used on any one building should be kept to a minimum, ideally two or less.
® clear glass
® glass block (transom)
® exterior plaster (smooth trowelled preferred)
® new or used face -brick
® cut stone, rusticated block (cast stone)
® ceramic tiles (bulkhead)
® clapboard (where appropriate)
64
The following exterior building materials are considered inappropriate in
Lodi commercial areas and are discouraged:
• Mirror glass and heavily tinted glass.
• Windows with false divisions (i.e., a window where the glass continues
uninterrupted behind a surface mounted mullion)
• Vinyl and aluminum siding
• Painted or baked enamel metal awnings
• Rough "Spanish lace" stucco finish
• Unpainted plywood
• False stone veneer
• Bulky cast stone window and door surrounds
• Corrugated sheet metal
• Corrugated fiberglass
• Split face concrete block
• Exposed concrete block without integral color
Lighting.
(1) Lighting should be designed as an integral part of the overall site and
building design. It should contribute to and help define the character
and the spaces created by the building and its site development.
Lighting design should have a conscious purpose of helping to
strengthen the constituent elements of the site through means such as
highlighting areas that are more important, or by picking out areas of
the site that have a different character from the rest of the site. Lighting
should complement architectural elements, changes in material of the
ground plane and landscaping. The intensity, color, placement of the
light and the placement and design of the light fixtures should be part
of this effort.
(2) Lighting should provide illumination for the security and safety of on-
site areas such as entrances, exits, parking, loading, pathways, and
working areas.
(3) Lighting should be provided for the pedestrian to create a sense of
welcoming on the public sidewalk, that the pedestrian is literally being
accompanied by light. Providing a greater number of softer light
sources is strongly encouraged over having only a few very bright
lights.
(4) The design of light fixtures and their structural supports should be
architecturally compatible with the main buildings on the site. Fixtures
should be integrated within the architectural design for the buildings.
(5) As a security device, lighting should be adequate but not overly bright.
Building entrances should be well lighted. The lighting should be
designed so that the lighting is an attractive element in its own right,
acting as a public amenity.
(6) All lighting should be shielded to confine light spread within the site
boundaries and not spill onto adjacent properties. Lighting should be
provided from one-half hour after sunset to one-half hour before
sunrise at all exits, entrances, loading areas, parking lots, plazas, and
alleys. An average of one foot candle evenly distributed across the site
65
is a suggested minimum; with up to two foot candles at entrances, exits
and loading areas.
(7) The following lighting fixtures and lamps are considered inappropriate
in Lodi commercial areas and are discouraged:
® Mercury vapor lights (metal halide or high-pressure sodium lamps
are preferable for most applications)
® Fluorescent light tubes that are exposed without filtering lenses
® Fluorescent lamps without non -color corrected bulbs (color
correction may also be accomplished by a color -correcting lens)
® The Development Code prohibits flashing or blinking lights.
(8) Focus light downward. A good rule of thumb is to make sure that direct
light shines a minimum of 20 degrees below a horizontal plane and in
no case above the horizontal plane.
(9) Test installations for glare. After installation, check to make sure that
glare will not be a problem for neighbors, pedestrians, or motorists.
(10)Illuminate signs and billboards from above, not below
(11)Avoid reflective surfaces beneath down -lit signs.
(12)AII lighting shall be maintained in working order and in appearance
g. Rear entrances. Rear entrance design should consider a number of
issues. In general, the rear entrance must respond to the same needs as
the storefront, but at a reduced scale. It must also meet the functional
service needs of the business, including providing a loading area. Since
these two functions are often in conflict, the design of the rear entrance
must be carefully planned. A particular concern is the storage and
disposal of refuse. All trash cans, dumpsters, and other containers must
be hidden and screened from public view as required by the Development
Code. Exterior utilities must be screened. Regular maintenance is of
paramount importance.
The design of a rear entrance should be appropriate to its surroundings.
The visual character of rear facades, alleys, and parking lots is relatively
casual and utilitarian, especially when compared to formal street facades.
In this context, a refined or grand design can look out of place. The design
should instead be pleasantly inviting, and architecturally compatible with
the front, but very simple in detail.
60
Figure 2-36 Rear Entrances should be Aesthetically Simple and Utilitarian
(1) An awning can soften a rear facade and provide a pleasant protected
space.
(2) The rear entry door should be wood and glass similar to the front door.
Special security glass (i.e. wire imbedded) is allowed.
(3) Security lighting should be modest and should focus on the rear entry
door.
(4) Selective use of tree plantings, potted plants and other landscaping
can subtly improve a rear facade.
(5) Refuse containers and service facilities must be screened from view
by solid walls. The use of landscaping (shrubs and vines) to screen
walls can help deter graffiti.
3. Alterations - Restoration and remodeling. Renovating or remodeling
commercial structures provides an excellent means of maintaining and
reinforcing the character and image desired in Lodi. Renovation and expansion
not only increases property values in the area but also serves as an inspiration to
other property owners and designers to make similar efforts.
When an existing structure is to be renovated or added to, the work should
respect the original design character of the structure. The following design
guidelines apply where appropriate and whenever a structure is to be renovated
orexpanded.
a. Traditional features & decoration.
(1) Sensitive response to existing materials, details, proportions, as well as
patterns of materials and openings is required when any such work will
affect the appearance of an existing building's exterior.
(2) Storefront remodeling often retains original decorative details only as
visual "leftovers" or simply covers them. If a building is to be
67
refurbished, these forgotten details should not be wasted. If enough of
them remain, they can be restored as part of the original design. If only
a few remain, they can be incorporated as design features in a new
storefront. In either case, the design of any improvements should grow
out of the remaining traditional details and create a harmonious
background which emphasizes them.
b. Removal of elements inconsistent with original facade. Existing
building elements incompatible with the original facade design should be
removed. These include: excessive use of exterior embellishments and
"modernized" elements (metal grilles, oversized molding cornices or
rusticated materials, etc.). Buildings are often altered over time by owners
or shopkeepers to "keep up with changing times" or to "remake a tired
image." Unfortunately, such changes are often done in a "tacked -on"
manner and result in gradual but severe erosion of original character and
cohesion of the commercial area.
C. Storefront renovation.
(1) Where the original storefront remains (little or no remodeling has
occurred), it should be preserved and repaired with as little alteration
as possible.
(2) Where only part of the original storefront remains (limited remodeling
has occurred), the storefront should be repaired, maintaining historic
materials where possible, including the replacement of extensively
deteriorated or missing parts with new parts based upon surviving
examples of transoms, bulkheads, pilasters, signs, etc.
68
,5 fORIEWN LWD if
Aloin n 1, 0 Can Be C Oreqfrk I Ned Wit It W00(i
Vrjim:;,;, Piv,00d And Moldings With A Sloillllt;
sheet Metal Call It'Shod Water. The Cornice
Sitalls lire "fon Of
A SL*ucw-al Beam Or Unfinished Prick
'rranwms Arc Optional Design lilemmus ghat lell,
FnBicak up ihr,N4issil,cEffi:ct0fVeiv [,argi,
Shoo,; Of Glass- firinsorti Windows Ciliti Be Clear,
Tint"!, Or stained Glass.
Mlsoni , v Pwr, Are Uncovered And Mardi The tipper -
Facacti,
"rhe Storefront Is Recessed 6 laches Into Hic Opetlijil, -
The Storefront And Windows Are Framed In Wood. —
The SIR Slopes Forward For Drainage.
'I'll, Bulkheads Are C.Onstructe d With Wood Fr arnini', -
And A Plywood Back Witti'l im Applied To It.
The Ieol,:floilt RestsOn A Masonry Y Ot Concrete—
Base To Prevent tauter Darilago
S:,ON —rh N-TORAR Y M.Al DUA
A Cornice 1,; Made With Sheet Metal Over A Wooden —
Fiallic.
Ciptiona 11 7,11"'orn ; Can Be Stained Glass, Clear Q1141i —
Or 0",aque,
Mason, Piers At,, Uncovered And Match The Upper Fara
The Stora ftont Is Recoled 6 111,110, In fo'f 110011,T)iTiti.—
I he"'t" Storefront And Wi rick, t_s Are haiiwd With Dmk
An .. lizal %lullitrinni 01 Painted Aluminum
Th,S!,e,;1i)r1t 1""t, on A Mxcil. v Or Concrete Bac
Figure 2-37
(3) Where the original storefront is completely missing (extensive
remodeling has occurred), the first priority is to reconstruct the
storefront based upon historical, pictorial and physical documentation.
If that is not practical, the design of the new storefront should be
compatible with the size, scale, proportion, material and color of the
existing structure.
d. Window replacement.
(1) The impact of windows on the facade is determined by the size, shape,
pattern of openings, spacing and placement within the facade. When
altering or reconstructing windows, consideration of these elements is
crucial to retaining the structure's original architectural balance and
integrity.
(2) Wherever possible retain original window openings. If the existing
ceiling has been lowered, pull the dropped ceiling back from the
original window.
69
(3) If possible, save and restore original windows and frames. Replace
missing, rotting or broken sash, frames, mullions and muntins with
similar material.
(4) If original window openings have been altered, restore the openings to
their original configuration and detail. Avoid blocking or filling window
openings that contribute to the overall facade design.
(5) When replacing windows, consideration should be given to the original
size and shape detailing and framing materials. Replacement windows
should be the same operating type as the original window.
Match original I
cornice
Lr
Clear or opaque L
glass transom
Piers match the------�
upper facade
i
New windows
may be framed
with dark aluminum
to match the
original color
WINDOW RHILACI-MENT
ORIGINAL NOT ACCEPTABLE NOTACCEPTABLE
Aluminum casement Blocked -up
❑F1a.
opo
,-
ORIGINAL NOT ACCEPTABLE NOT ACCEPTABLE
WindoIV5 and Alluminum!tome B)ocked-up wilh
We bulkhead wAtamed bulkhead slope vaned
Figure 2-38 —Window Replacement
70
e. Door replacement.
(1) Original doors and door hardware should be retained, repaired and
refinished provided they can comply with the requirements of the
Americans with Disabilities Act (ADA).
(2) If replacement doors are necessary, they should be compatible with the
historical character and design of the structure.
f. Additions to existing structures.
(1) The design of a proposed addition should follow the general scale,
proportion, massing and detailing of the original structure and should
result in a harmonious—rather than stark -contrast.
(2) Additions should be interpretations of the existing buildings, with the
main characteristics of the existing structure incorporated using
modern construction methods. This may include: the extension of
architectural lines from the existing structure to the addition; repetition
of window and entrance spacing; use of harmonizing colors and
materials; and the inclusion of similar, yet distinct, architectural details
(i.e., window and door trim, lighting fixtures, tile or brick decoration,
etc.).
(3) Additions should be designed so that if the addition were to be
removed in the future, the essential form and integrity of the original
structure would be unimpaired.
g. Seismic retrofitting. Where structural improvements for seismic
retrofitting affect the building exterior, such improvements should be done
with care and consideration for the impact on appearance of the building.
Where possible, such work should be concealed. Where this is not
possible, the improvements should be planned to carefully integrate into
the existing building design.
4. Equipment and utilities.
a. All mechanical or utility equipment, whether on the roof, ground or side of
building must be screened from view, above or below. The method of
screening should be architecturally integrated with the structure in terms of
materials, color, shape and size. The design of the screening should be
done in concert with and as a part of the design of the building, rather than
as an afterthought.
b. Roof mounted mechanical or utility equipment must be screened. The
method of screening should be architecturally integrated with the structure
in terms of materials, color, shape and size. It is preferable to screen
equipment with solid building elements (e.g. parapet wall) instead of after -
the -fact add-on screening (e.g. wood or metal slats).
C. Air conditioning units placed in individual windows and window transom
areas are strongly discouraged.
71
Figure 2-38 — Equipment Screening
E. Security
Safety in commercial areas is important to business owners, workers and visitors, and
to the overall economic well-being of businesses. Design strategies incorporating
safety should be based on the practice called Crime Prevention Through Environmental
Design or CPTED (pronounced "sep-ted"). CPTED focuses on the proper design and
use of the built environment to enhance opportunities for positive, constructive activities
while minimizing opportunities for illegitimate or undesirable activities. CPTED is a
measure for proactive and retrofit crime prevention planning — one that can help reduce
the incidence and fear of crime, and improve overall quality of life. By no means is
CPTED a panacea in the efforts to rid communities of crime; however, it is one strategy
among others that should be considered in commercial development. There are five
principles used in the application of CPTED: Natural Surveillance, Natural Access
Control, Territorial Reinforcement, and Management and Maintenance.
Natural surveillance. The organization of physical features, activities and
people in such a way as to maximize visibility. That is, a space should be
designed so that users feel that they will be seen or observed if they do
something illegitimate. The placement of windows, doors, and plazas, the
alignment of sidewalks and paths, the minimization of large areas of blank walls,
the locations and levels of lighting, and the proper design and size of open
spaces can contribute to natural surveillance opportunities.
2. Natural access control. The physical guidance of people coming and going
from a space by the judicial placement of entrances, exits, signs, fencing,
landscaping and lighting. A space should be designed so that it is conducive to
72
the activities undertaken by legitimate, law-abiding users but discouraging to
those carrying out undesirable activities.
Territorial reinforcement. The use of physical attributes that express
ownership, such as fences, pavement treatments, art, signage and landscaping.
CPTED stresses the importance of clearly designing a hierarchy of spaces:
public (i.e. intended for all to use), semi -private (i.e. intended for specific users or
uses), private (i.e. intended for private use by businesses).
4. Management and maintenance. The continued use of a space for its intended
purpose, which serves as an additional expression of ownership (e.g., complying
with landscape maintenance and lighting standards to ensure that visibility is not
reduced). Although the physical dimensions of CPTED are important, no effort is
sustained unless it is properly maintained and operated.
5. Design considerations. The following design considerations, as well as many
of the preceding guidelines, incorporate CPTED principles and should be
considered for new commercial development in Lodi.
a. Window materials. Storefront security may be enhanced with shatter -
resistant laminated vigil pane security glass (or glass -clad polycarbonate
windows).
b. Security screens. The use of
exterior scissors -style security
screens is strongly discouraged.
Any use of interior scissors
screens shall be concealed from
public view when not in use by
retracting the screen into casings
which are in proportion and scale
with the building architecture.
However, although they are
allowed, the use of interior
scissors screens is strongly
discouraged since they
communicate a message of high
crime and cannot be integrated
visually into the overall design of a
building or storefront.
Figure 2-39 — Security Screen Placement
C. Security bars. Permanent security bars (those clearly visible and fixed to
windows or the facade) and exterior roll -up metal security doors are
strongly discouraged.
d. Lighting placement. Exterior lights that are a part of streetscape
improvements should provide adequate lighting levels. However, in the
case of a deep threshold to a building, a light applied to the ceiling of this
area is strongly recommended to illuminate building entrances.
e. Lighting design. Lighting should be designed to satisfy both functional
and decorative needs. Storefront lighting should complement the
architectural style of the building while providing illumination of building
facades and entrances.
73
f. Rear security lighting. Rear security lighting should be provided and
maintained at 12 foot candles per square foot. The level of lighting should
be measured at ground level. All security lighting should be designed as
part of an overall lighting plan rather than as single stand-alone elements.
g. Window signs. Any window signs should be placed to provide a clear and
unobstructed view of the interior of the business establishment from the
sidewalk (and are not permitted by this Development Code to exceed 20
percent of the window area).
h. Street addresses. Street addresses should be identified by posting
numbers so they are clearly visible from the public right-of-way wherever
possible.
o
Figure 2-40
Street Addresses Should Help
Easy Identification
i. Safety behind buildings. Safety behind buildings should be ensured
through use of:
(1) Adequate security lighting for parking areas and pedestrian ways;
(2) Limited access (walls, fences, gates, shrubs);
(3) Signage;
(4) Introduction of activities (e.g., rear entrances for commercial activities)
that increase surveillance;
(5) Surveillance through windows or with cameras; and
(6) Ongoing maintenance of storage areas and alleys.
F. Walls and Fences
74
If walls or fences are not required for a specific screening or security purpose they
should not be used. Any necessary walls or fences should be as low as possible while
still performing their screening and security functions.
Materials and colors. Fences and walls should be designed with materials and
colors that complement project architecture. When selecting wood as a material, it
is important to consider its increased maintenance demands. Landscaping should
be used in combination with walls whenever possible.
2. Design. Long expanses of wall or fence surfaces should be offset and
architecturally designed to prevent monotony. Landscape pockets should be
provided along the wall.
3. Security fencing. When required, security fencing should be a combination of
solid pillars, or short solid wall segments, and wrought iron grille work.
Elevation of Staggered Wall
Elevation of Solid Wall with Pilasters
Figure 2-41 Appropriate Wall Design
CHAPTER 17.22 — MIXED USE ZONING DISTRICTS
Sections:
17.22.010 - Purpose of Chapter
17.22.020 - Purposes of Mixed Use Zoning Districts
17.22.030 - Mixed Use Zoning Districts Land Uses and Permit Requirements
17.22.040 - Mixed Use Zoning Districts General Development Standards
17.22.050 — Downtown Mixed Use Design Guidelines
17.22.060 — Mixed Use Center Design Guidelines
17.22.070 — Mixed Use Corridor Design Guidelines
17.22.010 - Purpose of Chapter
This Chapter lists the uses of land that may be allowed within the mixed use zoning districts
established by Section 17.10.020 (Zoning Districts Established), determines the type of land
use permittapproval required for each use, and provides basic standards for site
development.
17.22.020 - Purposes of Mixed Use Zoning Districts
The mixed use zoning districts are intended to provide for a range of uses, emphasizing high
quality development, and to encourage revitalization of existing land uses. The purpose of
75
the individual mixed use zoning districts and the manner in which they are applied are as
follows.
A. DMU (Downtown Mixed Use) District. The DMU zoning district is applied to the
downtown area, and is intended to allow for a broad range of commercial land uses
primarily located on the ground floor. Residential uses may also be allowed in this
district. The maximum FAR is 3.00. The DMU zoning district is consistent with the
Downtown Mixed Use land use designation of the General Plan.
B. MCE (Mixed Use Center) District. The MCE zoning district is applied to the new
mixed-use neighborhood centers in he new growth areas of the General Plan. This
category provides for a variety of residential, office, neighborhood commercial and
public uses. The maximum FAR is 1.0. The MCE zoning district is consistent with the
Mixed Use Center land use designation of the General Plan,
C. MCO (Mixed Use Corridor) District, The MCO zoning district is applied along the
City's major corridors: Kettleman and Cherokee lanes and Lodi Avenue. This
category provides for a variety of office and general commercial uses, as well a low-,
medium-, and high-density residential. The maximum FAR is 1.2. The MCO zoning
district is consistent with the Mixed Use Corridor land use designation of the General
Plan.
17.22.030 — Mixed Use Zoning Districts Land Uses and Permit
Requirements
Table 2-8 identifies the uses of land allowed by this Development Code in the Mixed Use
zoning districts, and the land use permit required to establish each use, in compliance with
Section 17.12.030 (Allowable Land Uses and Permit Requirements).
Note: where the last column in the tables ("Specific Use Regulations") includes a section
number, the regulations in the referenced section apply to the use; however, provisions in
other sections of this Development Code may also apply.
A
Allowed Use
TABLE 2-8 UP
Use Permit Required
Mixed Use - Allowed Uses and Permit Ir -
--
Requirements MUP
I
Minor Use Permit Required
-
Use Not Allowed
—
PERMIT REQUIRED BY DISTRICT
Specific Use
LAND USE
Regulations
DMU MCE
MCO
AGRICULTURE AND OPEN SPACE
Production of Crops
— A
RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES
Clubs, lodges, & membership halls UP UP
Community centers A A A
Health/fitness facilities
UP
UP
UP
Indoor amusement/entertainmentfacilities
UP
UP
UP
Indoor sports facilities
UP
UP
UP
Libraries, museums, galleries
.-- .__.. . _-- ----
A
.._.._._. __
A
__. __—-..__..____.
A
...... ..-__
Parks and playgrounds
—
UP
Religious facilities
—
—
UP
Schools – Private
—
UP
UP
76
( A Allowed Use
TABLE 2-8 — I
UP Use Permit Required
Mixed Use - Allowed Uses and Permit - - -----
Minor Use Permit Required
Requirements (MUP
Use Not Allowed
— —
PERMIT REQUIRED BY DISTRICT Specific Use
LAND USE
DMU MCE MCO Regulations
Schools - Specialized education and training A A A
Studios - Art, dance, martial arts, music, etc. UP UP UP
Theaters and auditoriums UP -
- ---
RESIDENTIAL USES
Accessory uses (Residential)
A
A
A
17.36.120
-- --------------..__....----
Home occupations
MUP
MUP
MUP
17.36.060
Live/work projects
A
A
A
Multi -family dwellings (3 or more units)
A
A
A
Single family dwellings
—
—
UP
Two family dwellings (Duplex)
—
—
A
RETAIL TRADE
Accessory retail uses
A
A
A
Alcoholic beverage sales off-site
UP-
UP
UP
Alcoholic beverage sales on-site
... --------___
UP
UP
...
UP
-------- ------
Animal sales and grooming
A
A
A
Art, antique, collectible, and gift stores
A
A
A
Auto parts sales
A
A
A
Auto sales and rental
—
—
! A
Building material stores
- -- A
A
_ A
Construction/heavy equipment sales and rental
—
—
A
Convenience stores
UP
--_UP
A
Drive-in and drive-through sales and services
—
—
j UP
---------- ----- ---_.
_---. __-------
--a--
Furniture, furnishings & appliance stores
A
A
( A
Gas stations
—
— 1
UP
General retail sales
A
A
A
Grocery stores
A
A
A
Mobile home and RV sales
—
—
A
{
Night clubs, bars, and cardrooms
UP
UP
.------ -------- ----
UP
Plant nurseries and garden supply stores
—
—
A
_............. .._....---.—..
..-.___.._._-_
Restaurants
A
A
A
Warehouse retail
—
—
A
SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL
Automated teller machines (ATMs)
A
A
A
Banks and financial services
A
A
A
Business support services
A
A
A
77
17.22.040 - Mixed Use Zoning Districts General Development Standards
Subdivisions, new land uses and structures, and alterations to existing land uses and
structures, shall be designed, constructed, and/or established in compliance with the
requirements in Table 2-9, in addition to the applicable development standards (e.g.,
landscaping, parking and loading, etc.) in Article 3, (Site Planning and General Development
Standards).
78
AAllowed
Use
TABLE 2-8
_
__.. - - ---_..
UP
Use Permit Required
Mixed Use - Allowed Uses and Permit
Minor Use Permit Required
Requirements
_MUP
—
Use Not Allowed
PERMIT REQUIRED
BY
DISTRICT Specific Use
LAND USE ----._.
DMU
.._._- _-____._.-
MCE
__...
MCO Regulations
Medical - Clinics, offices, and laboratories A
A
A
Medical - Extended care
—
—
A
Medical - Hospitals
—
—
A
Offices
A
A
A
Professional Services
A
A
A
SERVICES
Audio & video rental
A
A
A
Auto repair and maintenance
—
—
UP
Car wash
—--
UP
j Community care facilities
Residential care facility (6 or fewer)
—
—
UP
17 36.040
Day care center
UP
UP
UP
17.36.030
Hotels and motels
UP
UP
UP
Mortuaries & funeral homes
UP
—
._..__......-.._.
A
._..._....--_.__.
Personal services
A
A
A
Pharmacies
A
A
A
Storage - indoor
—
—
UP
Upholstering shops
—
—
UP
---------_----- ---- ------- ----------------------
Veterinary clinics, outpatient treatment only
— —
- -----
A
Veterinary clinics animal hospitals, kennels
— —
UP
INDUSTRIAL, MANUFACTURING & PROCESSING,
WHOLESALING
Recycling facilities
Small collection facility
—
MUP 17 36 110
TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE
_....-.. ----------
USES
-- -...- --
Broadcast
Broadcast studios
UP UPUP
----
---- ---- --- --
Parking facilities/vehicle storage
-
— —
- UP
17.22.040 - Mixed Use Zoning Districts General Development Standards
Subdivisions, new land uses and structures, and alterations to existing land uses and
structures, shall be designed, constructed, and/or established in compliance with the
requirements in Table 2-9, in addition to the applicable development standards (e.g.,
landscaping, parking and loading, etc.) in Article 3, (Site Planning and General Development
Standards).
78
TABLE 2-9
Mixed Use Zoning Districts General Development Standards
Requirement by Zoning District
Development Feature
DMU
MCEMCO
Minimum lot size
_
Minimum area, width, and depth required for new paacels.
Area
None
None
8,000 sq. ft.
Width and depth
None
None
50 ft. wide/100 ft.
dee
Setbacks
Minimum and, where noted, maximum setbacks required. See Section
17.14.060 for exceptions to these requirements.
Front
None
None
10 ft.
None
None
10 ft.
Street side
None
None
5ft.
Sides (each)
Rear
None(i)
None(i)
10 ft.
Floor Area Ratio
(FAR)_
3.0
1.0
1.2
Height limit
Min. 20 ft.
Max. 6stories/7,- � ft.
Min. 20 ft.
Max.6 stories/75 ft.
Min. 15 ft.
Max. 4 stories/60
ft
Landscaping
Landscaping shall be provided as required by Chapter 17.30
Landscaping)
Parking
As required by Chapter 17.32 (Parking and Loading)
Enclosure
requirement
All uses shall be conducted within a completely enclosed building unless
the specific use and zone permit otherwise. Uses allowed in an
applicable zone that are determined by the Director to require outdoor
storage or activities (for example, vehicle sales lots, service stations,
etc.) may be exempted from this requirement.
Notes:
(1) None required except: When adjacent to a res. zone boundary where a min. of 10 ft. is
required. For buildings over 2 stories, 20 ft. is required.
17.22.050 — Downtown Mixed Use Design Guidelines
A. Purpose
A vital component to the Revitalization Strategy adopted for the Downtown area was to
create and establish land use policies and design guidelines that build on the existing
palette of architectural forms and building materials. A primary purpose of the
Downtown Mixed Use Design Guidelines is to ensure that high quality design is
maintained for all new construction and rehabilitation projects within the district. The
Guidelines are intended to encourage individual creativity of project designers while
respecting the needs of the individual owner and user. The Guidelines are intended to:
create a distinctive and cohesive image for Downtown Lodi; assure that all new
development, rehabilitation and improvements give consideration to quality design in
architecture and site planning; protect and enhance property values and investment;
and provide consistency and compatibility within the Downtown. The development
standards and design guidelines promote buildings and renovations that strengthen the
existing "Main Street' character of the downtown area and enhance a pedestrian -
oriented retail and entertainment niche. Among other things, they require buildings to
help shape the street as a pedestrian space.
B. Applicability
79
I . The Downtown Mixed Use Design Guidelines shall apply to all of the properties
designated as Downtown Mixed Use in the General Plan. The design elements
of each project (including site design, architecture, landscaping, signs, parking
design) will be reviewed on a comprehensive basis.
2. The Downtown mixed Use Guidelines augment other sections of the
Development Code. When an issue, condition or situation occurs which is not
covered or provided for in the Design Guidelines, the regulations of the
Development Code that are most applicable to the issue, conditions or situation
shall apply. In the event that the provisions of the Design Guidelines are in
conflict with other sections of the Development Codes, the provisions of the
Design Guidelines shall prevail.
C. Development Standards
Development Standards address those aspects that are essential to achieve the goals
of the Concept Plan. They are specifications for building design and site development
such as height, setbacks, and permitted uses. Standards are required minimums or
benchmarks that all projects must adhere to.
1. Land Use
Successful downtowns involve uses that generate activity. These uses can
populate the streets, create excitement, increase safety and reinforce Downtown
as an important destination. Among the uses that contribute to this activity are
specialty retail shops, eating and drinking establishments, and entertainment
facilities.
The importance of the Downtown can also be enhanced by emphasizing the
mixture and intensity of uses that occur, including housing and office uses. This
is particularity true for vertical mixture with residential and offices above the first
floor.
a. Permitted Ground Level Uses — School Street Frontage
® Retail - all uses except drive -up or drive-in services.
® Eating and Drinking Establishments - including those serving
alcoholic beverages, provided this service is clearly ancillary to food
service; drive -up or drive-in restaurants not permitted.
® Personal Services - hair and nail salons, shoe repair, laundromats,
dry cleaners, and similar businesses.
® Business Services - are storefront businesses that generate foot
traffic, such as photocopy shops, photo -finishers, video rental & sales,
travel agencies, appliance repair, print shops, insurance agencies, or
real estate agencies, financial institutions, and public utilities.
® Nightclubs - including establishments providing entertainment or
permitting dancing, and establishments serving alcoholic beverages
not ancillary to food service. (Above uses may require a Conditional
Use Permit as required by the Lodi Municipal Code).
® Other Business or Service Establishments - if determined by the
Community Development Department staff to be of the same general
character as those uses listed herein and above.
80
b. Permitted Uses — All Other street Frontages and Upper Level School
Street Frontage
• All Permitted Uses listed above.
• Drive -Through Establishments.
• Professional Offices
C. Upper Level Uses Subject To A Conditional Use Permit
• Clubs and Lodges
• Residences
• Other Service Establishments - if determined by the City to be of the
same general character as listed therein and above.
2. Building Height and Setbacks
a. Height- as measured from sidewalk to top of cornice, parapet, or to eave
line of peaked roof shall be as follows:
(1) Maximum Building Height - six (6) floors and seventy five (75) feet.
(2) Minimum Height - twenty (20) feet top of parapet or eave.
(3) Accessory Buildings - may be twelve (12) feet in height if set back
ten (10) feet or more from side and rear property lines.
b. Front Setbacks — the first and second floors of all building shall be built -to
and parallel with the front property line, with the following exceptions:
(1) Mid -Block Buildings - between existing adjacent structures shall be
no closer to the street than the adjacent building closest to the street,
and no farther than the adjacent building farthest back from the street.
(2) Corner Buildings - shall be built to both right-of-way lines in order to
frame the intersection. Exceptions are:
• The corner may be "cut back" - up to six feet to create a diagonal
at the ground level and/or at upper levels.
(3) Special Architectural Features - bay windows, turrets, decorative
roofs, and miscellaneous entry features excluding awnings or
canopies:
(a) May project - no more than three (3) feet over property lines, and
must be no less than twelve (12) feet above the highest point in
the sidewalk over which they project;
(b) The maximum width of a recessed entry - shall be one-third
(1/3) the length of the building's street frontage.
81
c. Side Setbacks - New buildings may be built to both side property lines, and
must be built to at least one side property line. Should a side of the building
be set back from a side property line:
(1) Minimum - at least four (4) feet shall be provided for an access
passage.
(2) Street Exposure - side setback areas must be screened from the
street and sidewalk by a decorative gateway, fence, wall, or row of
piers (See Design Guidelines).
d. Rear Setbacks— New commercial buildings may be built to the rear
property line, except when:
(1) Adjacent to Single Family Residential Areas
(a) First and second floors - shall be set back a minimum of ten (10)
feet from the rear property line;
(b) Third floors - must be set back a minimum of twenty (20) feet
from the rear property line;
3. Parking, Access & Landscaping
a. Parking - Off-street parking shall be provided pursuant to the requirements
of the Lodi Municipal Code. In consideration of shared parking, location
and demand, parking in the downtown may be reduced or waived at the
discretion of the Community Development Director.
b. Site Access
(1) Pedestrian Access to Storefronts - shall be provided from the street
and/or side street to the main building entrance; i.e. pedestrian access
to building entrances shall not be restricted to parking lots.
(2) Vehicular Access - no new curb cuts shall be installed on School
Street. Shared parking arrangements are encouraged to reduce the
need for new curb cuts. Where curb cuts are necessary:
(a) Location - shall be on side streets where accessible:
(b) Maximum width - shall be sixteen (16) feet for a one-way
driveway and twenty-five (25) feet for a two-way driveway.
(3) Service Access - from rear alleys or side streets shall be preserved
and enhanced wherever possible. Trash and loading areas shall not
be visible from the street and shall be screened from view from side
streets and from properties to the rear.
c. Landscaping & Screening
82
(1) Parking Areas Shall be Planted - with shade trees at a ratio of one (1)
tree for every three (3) spaces. A minimum of five (5) feet of
landscaping shall be provided between the parking area and street
right-of-way.
(2) The Perimeter of Parking Areas and Driveways - adjacent to streets
and sidewalks shall be screened with an attractive landscape hedge,
berm, low wall, fence, or line of bollards a minimum of 30" and a
maximum of 36" in height.
(3) Adjacent to Designated Residential Areas - attractive screen fencing
or decorative masonry or walls shall be provided along the property line
to screen buildings, service areas, and parking areas.
(a) A six (6) foot wide planting area - shall be established on the
commercial side of the fence or wall with shade tree planting at a
minimum spacing of twenty (20) feet on center.
(b) Fences and walls not adjacent to streets or sidewalks - shall
be a minimum of six (6) feet in height and a maximum of eight (8)
feet in height.
(4) Trash and Service Equipment - including satellite receiving dishes,
shall be located away from streets and enclosed or screened by
landscaping, fencing or other architectural means.
D. Design Guidelines
Design Guidelines are discretionary. They are intended to illustrate and simplify the
appropriate development and renovation concepts in terms of more subjective
considerations, such as character or design details. The guidelines are not intended to
be an exhaustive list of strict standards, but rather, statements to encourage
improvement which is sensitive to the Downtown. They also serve as criteria for design
review by City staff and the Site Plan and Architectural Review Committee (SPARC).
No particular architectural style is prescribed.
1. Building Composition - Every building should have a base, a clear pattern of
openings and surface features, a recognizable entry, and an interesting roofline.
2. Storefronts- are like small buildings with their own base, 'roofline", and pattern
of window and door openings
a. Base- panel of tile or other special material is recommended below display
windows. Materials recommended for walls are generally suitable. Base
materials should be the same or visually "heavier" materials than walls.
(1) Brick - should be used as the main wall surface.
(2) Ceramic tile - is frequently used as a storefront base. Dark tile with
light stucco is an effective combination. Different colors and sizes of tile
may be used for a decorative effect.
b. Display Windows -Large pane windows encompassing a minimum of 60%
of the storefront surface area are recommended. Where privacy is desired
83
for restaurants, professional service, etc., windows should be divided into
smaller panes. Tinted windows may be used. (Refer to glazing section).
c. Transom Windows - are horizontal panels of glass between the storefront
and second floor. They are a traditional element of "main street" buildings,
and are recommended for all new or renovated storefronts. Transom
windows can be good locations for neon, painted -window, and other
relatively non -obtrusive types of signs.
d. Recessed Entries - are recommended as another traditional element of the
main street storefront. Recommended treatments include:
• Special paving materials such as ceramic tile;
® Ornamental ceiling treatments, such as coffering;
® Decorative light fixtures.
e. Doors - should be substantial and well -detailed. They are the one part of
the storefront that patrons will invariably touch and feel. They should match
the materials, design and character of the display window framing. Door
styles 6 -inches or less are not recommended.
f. Cornices - should be provided at the second floor (or roofline for a one-
story building) to differentiate the storefront from upper levels of the building
to add visual interest, and to allow the storefront to function as the base for
the rest of the building.
g. New or Renovated Storefronts Within Existing Buildings - should
emulate or re-create a previous store front (from historic photos or
drawings) in order to harmonize with the overall building architecture.
3. Building Increments - Storefronts and / or building bays should be
approximately twenty-five (25) feet in width. Buildings with a longer frontage
should have a vertical architectural feature -column, pilaster, etc. - every twenty-
five (25) feet.
a. Pattern of Features - Windows, wall, panels, pilaster, building bays, and
storefronts should be based on a module derived from the building's
structural bay spacing. Features based on this module should be carried
across windowless walls to relieve blank, uninteresting surfaces.
b. Building Entrances - should be prominent and easy to identify.
(1) Spacing - Entries to shops or lobbies should be spaced a maximum of
fifty (50) feet apart.
(2) Main Building Entrance - should be easily identifiable and
distinguishable from storefronts:
• marked by a taller mass above, such as a tower, or within a
volume that protrudes from the rest of building surface;
• located in the center of the facade, as part of a symmetrical
overall composition;
• accented by architectural elements, such as columns,
overhanging roofs, awnings, ornamental light fixtures.
84
(3) Prominent corner entrances - for shops or other active uses should
be provided by comer buildings.
c. Roofs and Rooflines - should provide visual interest and complement the
overall facade composition.
(1) Parapet walls - are recommended; they should have a distinct shape
or profile, e.g. a gable, arc, raised center.
(2) Accent elements - such as flags, cut-out openings, grilles and
latticework, ornamental medallions or building numbers are also
recommended.
(3) Mechanical equipment - on rooftops should be screened, preferably
behind a parapet roof. Latticework, louvered panels, and other
treatments that are compatible with the building's architecture may also
be appropriate.
4. Special Architectural Features - such as gables and tower elements, should be
used to accent buildings at major street corners and other highly -visible
locations. A cut into the building mass, such as a diagonal at a corner building,
or a notch for a grand building entry, can also be effective.
Side And Rear Building Facades - Should have a level of trim and finish
compatible with the front facade or an architectural mural, particularly if they are
visible from streets, adjacent parking areas or residential buildings.
Wall Treatments - If the building mass and pattern of windows and doors is
complex, simple wall surfaces are preferable (e.g. stucco). If the building volume
and the pattern of wall openings is simple, additional wall texture and articulation
should be employed (e.g. bricks or blocks). In both cases, pilasters, columns,
and cornices should be used to add visual interest and pedestrian scale.
The selection and placement of materials on the exterior of a building is
important in providing an attractive design. Material change should occur on
different planes in order to appear more substantial and integral to the design of
the elevation. Change should occur where architectural elements intersect, such
as a pilaster or projection. The number of materials on the exterior elevation
should be limited to prevent visual overload. Materials should have a traditional
or logical application. Heavy materials should appear to hold up lighter
materials.
a. Brick - Full size brick veneer is preferable to brick tile. Brick veneers
should be mortared to give the appearance of structural brick. Brick tile
applications should use wrap-around corner and bullnose pieces to
minimize a veneer appearance.
b. Brick Veneers — are appropriate as a special material for wall panels or
sills in combination with other materials, such as brick or concrete.
c. Poured -In -Place Concrete - options in terms of formwork, pigments, and
aggregates should be explored to create rich surfaces. Accents such as
ceramic tile are recommended for decorative effect.
d. Concrete Block - Concrete block is available in various sizes, surface
textures, and colors. Decorative treatments, such as alternating, courses of
differing heights, should be used. Stack bond, plain gray concrete block is
not recommended
85
e. Ceramic Tile - is recommended as an accent material.
f. Stucco — Integral coloring should be used for lower maintenance and wear.
g. Not Recommended:
(1) Simulated finishes - such as artificial stone or metal cladding.
(2) Wood shingles and shakes - Vertical board and batten, shingles,
shakes, are not recommended; they have a rural/residential character.
(3) Plywood siding. (Includes T-111 siding)
7. Windows - are an important element of building composition and an indicator of
overall building quality.
a. Window/Wall Proportion - In general, upper stories should have a window
to wall area proportion (typically 30-50%) that is smaller than that of ground
floor storefronts.
b. Window Openings - should generally be vertical or square in shape; if
square, windows and/or window panes should be vertical in shape.
c. Window Inset - Glass should be inset a minimum of 3" from the exterior
wall surface to add relief to the wall surface; this is especially important for
stucco buildings.
d. Shaped Frames, Sills and/or Lentils - should be used to enhance
openings and add additional relief . They should be proportional to the
glass area framed; e.g. a larger window should have thicker framing
members.
e. Muntins - "true divided light" windows or sectional windows are recommend
where a divided window design is desired; where "snap -in" muntins are
used, they must be both sides of the glass.
f. Glazing - Clear glazing is strongly recommended. Reflective glazing should
not be used. If tinted glazing is used, the tint should be kept as light as
possible; green, gray, and blue are recommended.
g. Replacement/Renovation - Wood windows should be replaced with wood
windows of the same operating type (e.g. double -hung, casement, etc.)
Vinyl covered wood windows are available for lower maintenance. If
aluminum replacement windows or doors are used, they should be:
(1) Same operating type - and orientation as the original windows (e.g.
do not replace a double -hung window with a horizontal sliding window).
(2) Factory painted - or fluorocoated to match the original; color anodized
is also acceptable.
(3) Similar in size - and thickness to the original frame and muntins.
8. Roofs - should match the principal building in terms of style, detailing and
materials. They should also contribute expressive and interesting forms that add
to the overall character of the district. Recommended types are:
86
a. Tar and Gravel, Composition, or Elastomeric Roofs - should be
screened by parapets or false -front sections of sloping roofs.
b. Clay, Ceramic or Concrete Tile - Colorful glazed ceramic tiles are
recommended for decorative roof shapes, such as parapets, domes, and
turrets.
c. Metal Seam Roofing - should be anodized, fluorocoated or painted.
Copper and lead roofs should be natural or oxidized.
9. Canopies, Awnings, And Other Building -Mounted Accessories
a. Awnings - are recommended. They should be a colorful fabric mounted
over a metal structural that is framed and attractive in design. Fabric
awnings are generally preferable to permanent canopies. Internally
illuminated vinyl awnings are not acceptable.
b. Trellises and Canopies - materials, colors, and form should be derived
from the building architecture.
c. Height and Projection - Trellises, canopies and awnings should be a
minimum of eight (8) feet above the sidewalk. They should project no more
than two (2) feet from the face of curb, depending upon the width of the
sidewalk.
d. Placement - of trellises, canopies and awnings should be above the display
windows and below the storefront cornice or sign panel. They should not
cover pipes, pilasters, clerestory windows or other architectural features.
Individual awnings accents and complements the building more effectively
than one continuous awning.
e. Accessories - Colorful banners should be used to add variety to the street.
Ornamental brackets and poles add further interest. Hanging flower or plant
baskets suspended from ornamental brackets of metal or wood are
recommended for storefronts.
10. Color- In general, drab earthtones should not be used. Building wall color
should contrast trim colors; for example, neutral or light walls with dark colors
and saturated hues for accent and ornamental colors; white or light window and
door trim on a medium or dark building wall. Colors of adjacent buildings
should be taken into consideration.
a. Secondary Color - (like a wainscot), pilasters, cornices, capitals, and
bands.
b. Bright Colors - should be used sparingly. Typical applications are fabric
awnings and banners. A restrained use of bright colors also allows display
windows and merchandise to catch the eye and stand out in the visual field.
E. Additions, Renovations And Restorations
Changes to the commercial environment will most likely take place in the form of
renovation or restoration. As uses change and remodeling projects are proposed,
owners are encouraged to upgrade their property in a manner consistent with the
character of the Downtown. One of the most effective ways to attract attention and
encourage shopping is to create an attractive, well designed storefront and building
87
entry. Many buildings in Downtown Lodi have distinctive architectural qualities that
make important contributions to the visual character. These qualities could be
improved or emphasized to the benefit of the entire area.
Sensitive alteration or restoration of existing buildings enhances their historic value. To
ensure proper work, the services of an architect specializing in restoration and
preservation work are highly recommended.
1. Additions and Alterations - Should be sensitive to the scale and character of
Storefront Areas in general, of adjacent buildings, and of the building itself.
Generally, they should reflect one of the following conditions:
a. Identical - to the architecture of the original building, as if the same
architect or builder built more of the same building. This is usually most
successful and feasible where the addition is smaller than the original
building.
b. Interpretation - of the older building (and/or other adjacent buildings). The
older building is not imitated exactly, but certain characteristics are copied
using contemporary materials and construction practices. This is most
successful where the addition is larger than the older building. Some of
their "contextual" strategies are:
(1) Architectural lines and rhythms - of older buildings are extended to
the new building; such as floor and cornice heights, window and bay
spacing,
(2) Colors and materials - are selected to coordinate and harmonize
between the old and new structures.
(3) Small elements - may be identical on both buildings to link them;
window and door trim, paint colors, signs, light fixtures, etc.
2. Restorations - Restoring the original form and appearance of old buildings is
recommended. Many "modernization's" of 19th and early 20th century storefront
buildings cover fine facades and other architectural features that can be
restored. Paint, covered, or blocked -in clerestory windows are common, as are
upper stories that have been plastered over or covered with metal fascia or
awnings.
3. Repair and Cleaning - Care should be taken to avoid damaging the value of
historic buildings. In particular:
a. Masonry materials - such as concrete and brick - should not be
sandblasted, as this damages the surface of the material; low-pressure
water cleaning should be used instead. Sealers for waterproofing should be
used after cleaning and repair.
4. Replacement of Unavailable Components - When historic construction
materials cannot be replaced or matched, care should be taken to match the
original pattern, thickness, color, and texture as closely as possible with
available materials. In general, simulated replacement materials (artificial
stone, simulated "aged" brick) are discouraged. The restoration architect and
various specialty building supply businesses can assist in the selection of
proper materials.
F. Lighting
89
Building and accent lighting in the downtown is an effective mechanism to attract
attention to a structures details and the business as well. Further, lighting shall be used
for parking areas, passageways and sidewalks.
1. Area Lighting - Sources for illuminating sidewalks passageways, parking, and
rear and side yard areas:
a. Shall be Shielded - from casting light onto adjacent properties. They shall
not cast light directly into adjacent residential windows. A translucent or
optical lens diffuser globe or shield is recommended.
b. Maximum Mounting Height - of light sources for ground level illumination
shall be sixteen (16) feet, measured from the finished grade of the area to
be lit; height must be eighteen (18) feet at minimum if extending over a
roadway surface.
2. Ornamental Fixtures - Fixtures not used as primary area lighting and mounted
with visible light sources:
a. With Clear or No Diffuser - individual lamp wattage should not exceed 60
watts incandescent, 20 watts fluorescent, or 40 watts high intensity
discharge (H.I.D., such as metal halide, high pressure sodium, or mercury
vapor lamps).
b. With Frosted or Optical (fresnel type) Light Fixture Diffuser - individual
lamp wattage may not exceed 100 watts incandescent, 40 watts fluorescent,
or 70 watts H.I.D.
3. Commercial Areas - The following recommendations are intended to promote
an attractive nighttime pedestrian environment. They apply to lighting
installations by either the private or public sector.
a. Specialized Professional Assistance - A good lighting design can make
both tenant businesses and buildings highly recognizable and attractive by
night, and contribute to the district's distinctiveness. The services of a
lighting designer are highly recommended, as such a specialist can
demonstrate and provide the best effect within a specified budget.
b. Lighting Design:
(1) Use the minimum brightness -for illumination of large areas.
(2) Use brighter light to punctuate - and accent important areas such as
entries and special architectural features.
c. Recommended Lamp Color/Types - Color corrected ("white") high
pressure sodium (HPS); color corrected (3,000 degrees K); incandescent.
d. Lamps Not Recommended - Standard ("peach") high pressure sodium,
low
e. Metalwork - Portions of lighting should be architecturally related to the
building architecture. The color and finish of lighting metalwork should
match the building's metalwork, if any.
89
Recommended Globes - Clear borosilicate glass globes; clear acrylic or
polycarbonate globes with optical diffusing (fresnel) patterns; translucent
clear (frosted) or white acrylic or polycarbonate globes.
17.22.060 — Mixed Use Center Design Guidelines
►0
Am
r
0
Purpose
The Mixed Use Center Design Guidelines are intended to provide clear and useful
recommendations for the design, construction, review, and approval of Mixed Use
Center development in the City of Lodi. Mixed Use Center development will play a vital
role in creating neighborhoods centers where people can walk between home, work,
shopping, and recreation. This chapter will help ensure that new projects will be well
designed, uphold the City's vision, and contribute to the quality of the public realm.
Applicability
The Design Guidelines in this chapter apply to the three sites designated as
Mixed Use Center in the General Plan. The design elements of each project
(including site design, architecture, landscaping, signs, parking design) will be
reviewed on a comprehensive basis.
2. The review authority may interpret these design guidelines with some flexibility in
their application to specific projects, as not all design criteria may be workable or
appropriate for each project. In some circumstances, one guideline may be
relaxed to facilitate compliance with another guideline determined by the review
authority to be more important in the particular case. The overall objective is to
ensure that the intent and spirit of the design guidelines are followed.
Site Planning
Require all development at sites designated Mixed Use Center to provide a mix
of commercial uses, while allowing residential uses, to create a "node," typically
centered around a plaza, or "a central street," with a minimum of ten percent
(10%) of the land area devoted to non-residential land uses, to create pedestrian
vitality in the core area. Allow a range of other supportive commercial uses, such
as medical, dental, and real-estate offices, as well as community facilities.
2. Require each core (minimum parcel size of 15 acres) to have at least one plaza
or other satisfactory gathering space along the central street that enables
gathering and promotes a sense of neighborhood identity.
Block lengths within Mixed Use Center areas shall not exceed 400 feet.
Building Placement
Buildings shall be constructed near or along the front property line(s). A "zero
setback" from the front property line(s) is encouraged.
2. Variations in the zero setback from the property line(s) may be appropriate when
the resulting setback provides greater accommodation for pedestrian circulation,
sidewalk dining areas, enhanced entries, and improves the pedestrian realm.
3. When a front setback is necessary, a majority of the setback shall be
hardscaped with limited landscaping to accommodate uses that keep the public
realm active, such as outdoor dining and seating.
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4. Require that any office uses in Mixed Use Center front along the street edge with
minimal setbacks.
E. Building Orientation
1. The main pedestrian access point to the building shall be located along the
facade that is oriented to the primary street.
2. Buildings on corner lots shall have the primary entry facing the intersection.
Corner entries help create an active public realm and reinforce significant street
and sidewalk intersections.
3. Entries that face the primary street shall be directly connected to the street's
sidewalks. Secondary and residential entrances can be connected to interior
courtyards and parking lots.
4. The most active ground floor uses such as storefronts, lobbies, and restaurant
dining areas shall front the public sidewalk. Private amenities, such as
courtyards, that are not accessible to the public shall be located within the
project site or on upper floors and not along the street.
5. For buildings sited on less significant intersections, such as a major arterial and
a collector, at least 50 percent of the side street ground floor elevation shall
include storefront design features.
F. Building Design and Architecture
1. Building Organization and Frontage
a. In Mixed Use Centers the development of a complex of buildings is
preferable to a single large structure because the varied massing provides
visual interest and human scale. Additionally, the spaces created between
the various buildings provide opportunities for pedestrian plazas,
courtyards and other outdoor gathering areas.
b. Building plans, facades, and architectural details shall create visual interest
at the street level (e.g., staggering the frontage of the building, recessing
doors and windows, providing awnings and canopies for weather protection
and scale, and visually extending interior spaces outside through paving
and glazing to create the concept of an indoor/outdoor room, etc.).
C. Projects located at intersections shall ensure the design treatments are
continued around the corner.
d. Development located at signalized intersections of major streets shall be
encouraged to include pedestrian -oriented, community serving commercial
uses such as a bookstore, coffee shop, or local market.
2. Articulation
a. Buildings shall be articulated to reflect a small-scale street frontage rhythm,
with building bay widths of approximately 25 to 50 feet.
b. Where multiple -tenant spaces are incorporated into a building, individual
tenant spaces shall be located within the building bays. This can be
achieved by any of the following:
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• Placing a column, pier or pilaster between facade elements.
• Applying vertical slot or recess between facade elements.
• Providing variation in plane along the building wall.
• Varying the building wall by recessing the storefront entrance or
creating a niche for landscaping or pedestrian area.
C. Primary building entries shall be accented with strong architectural
definition.
d. Mixed use buildings shall be designed with a distinct "base", "middle", and
"top" to create a human -scaled public realm. Elements that are
recommended to articulate a building's facade include:
• Design details for the top of a building, including cornice lines,
parapets, eaves, brackets and other detailing.
• Design details for the body, or middle, of the building including
windows, awnings, trellises, canopies, alcoves, balconies, pilasters,
columns, decorative lighting and window boxes.
• Design details for the base of a building, including recessed entry
areas, covered outdoor areas and alcoves.
e. The proportion and placement of windows on upper floors shall be
designed to look different from the windows on the ground floor.
f. Awnings are encouraged, and if used, should be provided over each
storefront of buildings with multiple storefronts. These awnings should be
located within the individual structural bays and should not hide
architectural detailing.
g. Awnings on multi -tenant buildings should be the same color and style and
should be consistent with the character and design of the building.
h. In order to promote active, pedestrian -friendly streets, each individual
tenant or business establishment and residential lobbies shall be oriented
to and accessible from the major street frontage and directly accessible
from the public sidewalk.
L Rear walls and elevations visible from the public right-of-way shall be
designed to maximize visual appeal by using vertical and horizontal wall
plane breaks.
3. Roofs
a. Roofs should be compatible with the architectural style of the building.
b. The roof shape should reflect the configuration of the building's mass and
volume, and should be consistent in its character from all vantage points.
C. Sloping roof forms are encouraged.
d. The visible portion of sloped roofs shall be sheathed with a roofing material
complementary to the architectural style of the building.
e. All buildings shall provide cornice or parapet detailing in order to delineate
a strong roofline along the primary facades.
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Cornices and horizontal bands of genuine materials, such as wood trim
rather than foam are strongly encouraged.
False fronts, applied mansard forms and other artificial rooflines that are
not an integral component of the architectural design should be avoided.
4. Building Materials
a. A well-defined building "base" (i.e., ground floor) provides scale and
articulation at the pedestrian level. The "base" shall consist of traditional
thicker walls along with high quality, durable, and easy to clean materials
and finishes. Special materials (e.g., granite, marble, polished stone, and
other metal panels) shall be utilized as accent materials on the building's
"base."
b. Upper floors that are less prone to potential vandalism shall utilize high
quality finish materials of traditional mixed-use projects (e.g., brick veneer,
smooth troweled stucco, etc.).
C. Materials and colors shall be selected to unify the building appearance and
fit into the pedestrian context. Avoid overly vibrant colors and/or
monochromatic color palettes.
Awning materials should be compatible with the overall design and
character of the building. The use of fabric awnings is encouraged. The
use of vinyl and plastic awnings is discouraged.
5. Windows
a. Windows shall be large glazed panels, possibly with small upper transoms.
Window patterns shall have a slight inset and not appear flat. Glass shall
be clear (88% light transmission) and not heavily tinted so as to provide
views into active spaces or window displays.
b. A minimum of 60 percent of linear store frontage at the street facade
should be used for the display windows and evenly distributed. False fronts
or windows should not be included that are not integral components of the
building.
C. Windows on the upper floors shall be smaller in size than storefront
windows on the first floor and shall encompass a smaller proportion of
facade surface area.
d. Upper story windows shall be detailed with architectural elements, such as
projecting sills, molded surrounds and/or lintels.
e. Where unique use or occupancy requirements preclude the addition of
windows, such as theaters or parking structures, exterior walls shall be
designed to provide architectural relief or shall be screened by landscaping
and pedestrian amenities, such as trellises, benches or shade structures.
f. To ensure and protect the privacy of residents in adjacent single-family
homes, windows in mixed-use projects facing single family residences
within 15 feet of the property line, shall be carefully arranged. Examples of
privacy options include translucent or louvered windows, offset window
patterns, and locating windows five -feet above the floor level.
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G. Plazas
1. Plazas shall incorporate high quality paving materials, such as stone, concrete or
tile. The paving shall complement the adjacent public streetscape elements.
2. Plazas should be visible from public streets and the pedestrian network and
accessible from the building as well as the street and pedestrian network.
3. Focal elements such as sculptures, art, or water features shall be incorporated
into courtyard and plaza design.
4. Site furniture shall be carefully placed to not create pedestrian/vehicular
conflicts. All outdoor seating areas shall leave at least five feet of unobstructed
pedestrian space.
5. Graffiti resistant material and/or coating and skateboard deterrents shall be
required to retain the furniture's attractiveness.
6. All outdoor dining furniture and umbrellas in the public right-of-way shall be
removed and stored inside during hours of non -operation.
H. Parking and Circulation
1. Customer and tenant parking shall be provided at the rear of buildings, in
facilities, in off-street parking lots, or adjacent parking lots. Whenever possible,
parking structures shall be placed behind the mixed use buildings.
2. Mixed-use projects must provide secure separate parking spaces for the
residential units. The secure residential spaces shall be accessed via a gate
code or other security mechanism.
3. Vehicular access shall be provided from side streets, adjacent alleys, and
parallel streets whenever possible.
4. Where possible, rear parking lots shall be designed and located contiguously so
vehicles can travel from one private parking lot to another without having to enter
the street. This may be achieved with reciprocal access agreements.
5. The number of curb cuts for vehicular entry into the site shall be minimized so
that pedestrian and bicycle areas are safe, secure, and passable.
6. Where possible, require abutting new developments to share a single access
point from the road and allow only one curb cut per parcel.
7. Pedestrians shall have a clear and direct route from on-site parking to the
building entry and public sidewalk system. The circulation path shall be direct,
continuous, marked, and free of barriers (e.g., site equipment, signage, utility
poles, etc.).
8. Any paving pattern, color, and material used to articulate pathways and
pedestrian areas shall continue when driveways intersect with these areas.
Where pedestrian circulation paths cross vehicular circulation paths, a material
change, contrasting color, or slightly raised crossing shall be used to clearly
delineate the continuing pedestrian path.
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9. Adjacent properties shall be adequately screened from the parking structures
and lots.
10. Secure, covered bicycle parking in residential mixed-use projects shall be
provided.
11. Commercial bicycle racks shall be in public view, close to building entrances,
with high visibility and sufficient lighting.
12. Include corner bulb -outs with gathering spaces and special crosswalks at key
intersections. Considerations for gathering space components shall include
shelter from sun and rain, seating options, landscaping (including shade trees
and planters), trash receptacles, signage and fountains.
I. Landscaping
1. Emphasis shall be placed on California or Mediterranean style landscaping,
particularly indigenous plants, ornamental vines, and flowers in either container
pots or as part of an arbor/trellis. Landscaping must be well maintained with drip
irrigation systems for trees/garden beds and pots that does not drain across the
pavement.
2. All landscaping shall employ features and techniques that reduce the demand for
and consumption of water, including appropriate low-water plants, a high degree
of paving permeability and water conserving irrigation techniques and systems.
3. Planting plans for building setbacks should include a hierarchy of plantings in
terms of size and types of plant materials that mark the transition between the
horizontal ground plane at the sidewalk or parking area and the tall, vertical
facades of buildings.
4. Continuous street trees shall be included along all street frontages of mixed-use
development.
5. Trees in paved areas shall be provided with "deep root" barriers, deep root
automatic irrigation, and expandable metal tree grates of adequate size. Root
barriers shall be of a material specifically designed for containing tree roots.
Irrigation shall be adapted for deep watering.
6. For plazas, shade trees or other sun -screening elements shall be incorporated in
the design to provide well -shaded seating areas. Decorative planters shall be
considered for plazas.
7. Parking lots visible from the street and pedestrian areas shall incorporate
landscaping treatments (e.g., trees, shrubs, groundcover, etc.). Larger parking
lots shall also incorporate landscaped medians where appropriate.
J. Lighting
1. Lighting fixtures shall be attractively designed to complement the architecture of
the project, signify building entry locations, and improve visual identification of
residences and businesses.
2. On each project site, all lighting fixtures shall be architecturally compatible with
the buildings and from the same "family" with respect to design, materials, color,
style, and color of light.
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3. Wall mounted lights shall be used to the greatest extent possible to minimize the
total number of freestanding light fixtures.
4. The lighting of building elements and garden walls is an effective and attractive
lighting technique that should be considered.
5. In order to use less energy and reduce light pollution, ensure that lighting
associated with new development or facilities (including street lighting,
recreational facilities, and parking) shall be designed to prevent artificial lighting
from illuminating adjacent residential neighborhoods and/or natural areas at a
level greater than one foot candle above ambient conditions.
K. Walls
Encourage alternatives to soundwalls and permit new soundwalls only where
alternatives are not feasible. Along Major Arterials that coincide with a Mixed
Use Center, such as Kettleman Lane, ensure that soundwalls do not disrupt
pedestrian -orientated character. Alternative designs could include frontage
roads, dense vegetation, and ensuring sufficient insulation in residential units
that would potentially be impacted by the noise.
L. Equipment, Service Area, and Refuse Area Screening
1. Roof -mounted utility and communication equipment shall be screened from view
by structural features that are an integral part of the building's architectural
design.
2. Loading and service areas shall be concealed from view within the building
envelope or shall be located to the rear of the site and designed for minimal
visual impact and circulation conflicts.
3. When trash enclosures, loading docks, utility equipment, and similar uses are
visible from a side street or a neighboring property, they shall be screened using
materials, colors, and landscaping that are harmonious with the site design and
building architecture.
4. Trash storage areas shall be covered to reduce unsightly views.
5. Trash enclosures shall provide an area for recycling.
17.22.070 - Mixed Use Corridor Design Guidelines
A. Purpose
The Mixed Use Corridor Design Guidelines are intended to provide clear and useful
recommendations for the design, construction, review, and approval of Mixed Use
Corridor development in the City of Lodi. Mixed Use Corridor development will play a
vital role in reactivating key roadway corridors in the City through stimulation of new
development along the corridors and interconnection of the corridors with surrounding
neighborhoods. This chapter will help ensure that new projects will be well designed,
uphold the City's vision, and contribute to the quality of the public realm.
Applicability
The Design Guidelines in this chapter apply to the roadways designated as
Mixed Use Corridor in the General Plan. Key corridors include Kettleman Lane,
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C
Cherokee Lane, Lodi Avenue, and Central Avenue. The design elements of each
project (including site design, architecture, landscaping, parking design) will be
reviewed on a comprehensive basis.
2. The review authority may interpret these design guidelines with some flexibility in
their application to specific projects, as not all design criteria may be workable or
appropriate for each project. In some circumstances, one guideline may be
relaxed to facilitate compliance with another guideline determined by the review
authority to be more important in the particular case. The overall objective is to
ensure that the intent and spirit of the design guidelines are followed.
Site Planning
Special Standards for Lodi Avenue and Central Avenue
At least 30 percent of development site shall include active uses — retail,
restaurants, cafes, and personal service establishments — fronting the streets at
the ground level in order to accommodate pedestrian -oriented, neighborhood
serving commercial uses. The minimum interior depth of these commercial
spaces shall be 25 feet. A range of compatible uses, such as residential or
office, may be located at upper levels and in portions not fronting the streets.
2. Special Standards for Kettleman Lane
Allow any mix of uses as permitted within the Mixed Use Corridor classification.
Ensure that residential uses are sited at upper levels or, if at ground level, then
not directly facing the highly trafficked Kettleman Lane.
Special Standards for Cherokee Lane
Require any new development of site with Mixed Use designation south of Tokay
Street to devote at least one-quarter of the built-up area to commercial uses,
while allowing the full spectrum of single or mixed -uses permitted within the
designation.
Building Placement
Buildings shall be encouraged to locate near or along the front property line(s).
2. Variations in the zero setback from the property line(s) may be appropriate when
the resulting setback provides greater accommodation for pedestrian circulation,
sidewalk dining areas, enhanced entries, and improves the pedestrian realm.
3. When a front setback is necessary, a majority of the setback shall be
hardscaped with limited landscaping to accommodate uses that keep the public
realm active, such as outdoor dining and seating.
Building Orientation
The main pedestrian access point to the building shall be located along the
facade that is oriented to the primary street.
2. Buildings on corner lots shall have the primary entry facing the intersection.
Corner entries help create an active public realm and reinforce significant street
and sidewalk intersections.
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3. Entries that face the primary street shall be directly connected to the street's
sidewalks. Secondary and residential entrances can be connected to interior
courtyards and parking lots.
4. The most active ground floor uses such as storefronts, lobbies, and restaurant
dining areas shall front the public sidewalk. Private amenities, such as
courtyards, that are not accessible to the public shall be located within the
project site or on upper floors and not along the street.
Building Design and Architecture
General Building Organization and Frontage Standards
a. In Mixed Use Corridors the development of a complex of buildings is
preferable to a single large structure because the varied massing provides
visual interest and human scale. Additionally, the spaces created between
the various buildings provide opportunities for pedestrian plazas,
courtyards and other outdoor gathering areas.
b. Building plans, facades, and architectural details shall create visual interest
at the street level (e.g., staggering the frontage of the building, recessing
doors and windows, providing awnings and canopies for weather protection
and scale, and visually extending interior spaces outside through paving
and glazing to create the concept of an indoor/outdoor room, etc.).
C. Projects located at intersections shall ensure the design treatments are
continued around the corner.
d. Development located at signalized intersections of major streets shall be
encouraged to include pedestrian -oriented, community serving commercial
uses such as a bookstore, coffee shop, or local market.
e. Development located at key intersections, including Lodi Avenue / Central
Avenue, Lodi Avenue / School Street; and Lodi Avenue / Sacramento
Street, shall contain appropriate design features, including buildings that
punctuate the corner with design elements and/or projects that provide
additional public or pedestrian amenities, such as plazas.
2. Specific Building Organization and Frontage Standards for all Mixed Use
Corridors except Kettleman Lane and Cherokee Lane
Maintain a consistent building base/street wall along the majority of site frontage
along Mixed Use Corridors (with the exception of Kettleman Lane and Cherokee
Lane), with a minimum height of 15-25 feet.
3. Articulation
a. Where multiple -tenant spaces are incorporated into a building, individual
tenant spaces shall be located within the building bays. This can be
achieved by any of the following:
® Placing a column, pier or pilaster between facade elements.
® Applying vertical slot or recess between facade elements.
® Providing variation in plane along the building wall.
® Varying the building wall by recessing the storefront entrance or
creating a niche for landscaping or pedestrian area.
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b. Primary building entries shall be accented with strong architectural
definition.
G. Mixed use buildings shall be designed with a distinct "base", "middle", and
"top" to create a human -scaled public realm. Elements that are
recommended to articulate a building's facade include:
® Design details for the top of a building, including cornice lines,
parapets, eaves, brackets and other detailing.
® Design details for the body, or middle, of the building including
windows, awnings, trellises, canopies, alcoves, balconies, pilasters,
columns, decorative lighting and window boxes.
® Design details for the base of a building, including recessed entry
areas, covered outdoor areas and alcoves.
d. The proportion and placement of windows on upper floors shall be
designed to look different from the windows on the ground floor.
e. Awnings are encouraged, and if used, should be provided over each
storefront of buildings with multiple storefronts. These awnings should be
located within the individual structural bays and should not hide
architectural detailing.
f. Awnings on multi -tenant buildings should be the same color and style and
should be consistent with the character and design of the building.
g. In order to promote active, pedestrian -friendly streets, each individual
tenant or business establishment and residential lobbies shall be oriented
to and accessible from the major street frontage and directly accessible
from the public sidewalk.
h. Rear walls and elevations visible from the public right-of-way shall be
designed to maximize visual appeal by using vertical and horizontal wall
plane breaks.
4. Roofs
a. Roofs should be compatible with the architectural style of the building.
b. The roof shape should reflect the configuration of the building's mass and
volume, and should be consistent in its character from all vantage points.
C. Sloping roof forms are encouraged.
d. The visible portion of sloped roofs shall be sheathed with a roofing material
complementary to the architectural style of the building.
e. All buildings shall provide cornice or parapet detailing in order to delineate
a strong roofline along the primary facades.
f. Cornices and horizontal bands of genuine materials, such as wood trim
rather than foam are strongly encouraged.
g. False fronts, applied mansard forms and other artificial rooflines that are
not an integral component of the architectural design should be avoided.
99
5. Building Materials
a. A well-defined building "base" (i.e., ground floor) provides scale and
articulation at the pedestrian level. The "base" shall consist of traditional
thicker walls along with high quality, durable, and easy to clean materials
and finishes. Special materials (e.g., granite, marble, polished stone, and
other metal panels) shall be utilized as accent materials on the building's
"base."
b. Upper floors that are less prone to potential vandalism shall utilize high
quality finish materials of traditional mixed-use projects (e.g., brick veneer,
smooth troweled stucco, etc.).
C. Materials and colors shall be selected to unify the building appearance and
fit into the pedestrian context. Avoid overly vibrant colors and/or
monochromatic color palettes.
Awning materials should be compatible with the overall design and
character of the building. The use of fabric awnings is encouraged. The
use of vinyl and plastic awnings is discouraged.
6. Windows
a. Windows shall be large glazed panels, possibly with small upper transoms.
Window patterns shall have a slight inset and not appear flat. Glass shall
be clear (88 percent light transmission) and not heavily tinted so as to
provide views into active spaces or window displays.
b. Thirty to 60 percent of linear store frontage at the street facade should be
used for the display windows and evenly distributed. A higher percentage
shall be encouraged for Lodi and Central Avenues, where higher
pedestrian activity is expected. False fronts or windows should not be
included that are not integral components of the building.
C. Windows on the upper floors shall be smaller in size than storefront
windows on the first floor and shall encompass a smaller proportion of
facade surface area.
d. Upper story windows shall be detailed with architectural elements, such as
projecting sills, molded surrounds and/or lintels.
e. Where unique use or occupancy requirements preclude the addition of
windows, such as theaters or parking structures, exterior walls shall be
designed to provide architectural relief or shall be screened by landscaping
and pedestrian amenities, such as trellises, benches or shade structures.
f. To ensure and protect the privacy of residents in adjacent single-family
homes, windows in mixed-use projects facing single family residences
within 15 feet of the property line, shall be carefully arranged. Examples of
privacy options include translucent or louvered windows, offset window
patterns, and locating windows five -feet above the floor level.
G. Plazas
Plazas shall incorporate high quality paving materials, such as stone, concrete or
tile. The paving shall complement the adjacent public streetscape elements.
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2. Plazas should be visible from public streets and the pedestrian network and
accessible from the building as well as the street and pedestrian network.
3. Focal elements such as sculptures, art, or water features shall be incorporated
into courtyard and plaza design.
4. Site furniture shall be carefully placed to not create pedestrian/vehicular
conflicts. All outdoor seating areas shall leave at least five feet of unobstructed
pedestrian space.
5. Graffiti resistant material and/or coating and skateboard deterrents shall be
required to retain the furniture's attractiveness.
6. All outdoor dining furniture and umbrellas in the public right-of-way shall be
removed and stored inside during hours of non -operation.
H. Parking and Circulation
1. Customer and tenant parking shall be encouraged to be located at the rear of
buildings, in facilities, in off-street parking lots, or adjacent parking lots.
Whenever possible, parking shall be placed behind the mixed use buildings.
2. Mixed-use projects must provide secure separate parking spaces for the
residential units. The secure residential spaces shall be accessed via a gate
code or other security mechanism.
3. Vehicular access shall be provided from side streets, adjacent alleys, and
parallel streets whenever possible.
4. Where possible, rear parking lots shall be designed and located contiguously so
vehicles can travel from one private parking lot to another without having to enter
the street. This may be achieved with reciprocal access agreements.
5. The number of curb cuts for vehicular entry into the site shall be minimized so
that pedestrian and bicycle areas are safe, secure, and passable.
6. Where possible, require abutting new developments to share a single access
point from the road and allow only one curb cut per parcel.
7. Pedestrians shall have a clear and direct route from on-site parking to the
building entry and public sidewalk system. The circulation path shall be direct,
continuous, marked, and free of barriers (e.g., site equipment, signage, utility
poles, etc.).
8. Any paving pattern, color, and material used to articulate pathways and
pedestrian areas shall continue when driveways intersect with these areas.
Where pedestrian circulation paths cross vehicular circulation paths, a material
change, contrasting color, or slightly raised crossing shall be used to clearly
delineate the continuing pedestrian path.
9. Adjacent properties shall be adequately screened from the parking structures
and lots.
10. Secure, covered bicycle parking in residential mixed-use projects shall be
provided.
11. Commercial bicycle racks shall be in public view, close to building entrances,
with high visibility and sufficient lighting.
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12. Include bicycle lanes along Mixed Use Corridors per Figure 5-3, General Plan
Bicycle System, of the Transportation Element of the Lodi General Plan.
13. The following key intersections shall include improved pedestrian crossings, per
Figures 4-6 to 4-9 of the Community Design and Livability Element of the Lodi
General Plan. Improvements that shall be considered include but are not limited
to corner bulb -outs with gathering spaces and special crosswalks. Gathering
space components could include shelter from sun and rain, seating options,
landscaping (including shade trees and planters), trash receptacles, signage and
fountains.
a. Kettleman Lane
• Kettleman Lane / South Mills Avenue
• Kettleman Lane / Woodbridge Irrigation District Canal Trail Crossing
• Kettleman Lane / South Ham Lane
• Kettleman Lane / South Fairmont Avenue
• Kettleman Lane / South Hutchins Street
b. Lodi Avenue
• Lodi Avenue / South Hutchins Street
C. Central Avenue
• Central Avenue / Tokay Street
• Central Avenue / Eden Avenue
• Central Avenue / Flora Avenue
• Central Avenue / Hilborn Avenue
14. The following priority streets shall include streetscaping and pedestrian comfort
measures within the Mixed Use Corridor boundaries, per Figures 4-6 to 4-9 of
the Community Design and Livability Element of the Lodi General Plan.
Streetscape amenities may include: street trees, wide sidewalks, special paving,
street lighting, seating, info kiosks, open bus stop shelters, and bicycle racks.
a. Kettleman Lane
• South Mills Avenue
• South Ham Lane
• South Fairmont Avenue
• South Hutchins Street
b. Cherokee Lane
• Pine Street
• Lodi Avenue
• Tokay Street
• Industrial Way
• Vine Street
C. Lodi Avenue
• South Ham Lane
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• South Hutchins Street
• South Pleasant Avenue
• Stockton Street
• Garfield Avenue
I. Landscaping
1. Emphasis shall be placed on California or Mediterranean style landscaping,
particularly indigenous plants, ornamental vines, and flowers in either container
pots or as part of an arbor/trellis. Landscaping must be well maintained with drip
irrigation systems for trees/garden beds and pots that does not drain across the
pavement.
2. All landscaping shall employ features and techniques that reduce the demand for
and consumption of water, including appropriate low-water plants, a high degree
of paving permeability and water conserving irrigation techniques and systems.
3. Planting plans for building setbacks should include a hierarchy of plantings in
terms of size and types of plant materials that mark the transition between the
horizontal ground plane at the sidewalk or parking area and the tall, vertical
facades of buildings.
4. Continuous street trees shall be included between the corridor roadway and
sidewalk, unless infeasible.
5. Medians within corridor roadways shall be wide enough to act as refuges and
support some landscaping, particularly at crossings.
6. Trees in paved areas shall be provided with "deep root' barriers, deep root
automatic irrigation, and expandable metal tree grates of adequate size. Root
barriers shall be of a material specifically designed for containing tree roots.
Irrigation shall be adapted for deep watering.
7. For plazas, shade trees or other sun -screening elements shall be incorporated in
the design to provide well -shaded seating areas. Decorative planters shall be
considered for plazas.
8. Parking lots visible from the street and pedestrian areas shall incorporate
landscaping treatments (e.g., trees, shrubs, groundcover, etc.). Larger parking
lots that are not parking structures shall also incorporate landscaped medians
where appropriate.
J. Lighting
1. Lighting fixtures shall be attractively designed to complement the architecture of
the project, signify building entry locations, and improve visual identification of
residences and businesses.
2. On each project site, all lighting fixtures shall be architecturally compatible with
the buildings and from the same "family" with respect to design, materials, color,
style, and color of light.
3. Wall mounted lights shall be used to the greatest extent possible to minimize the
total number of freestanding light fixtures.
103
4. The lighting of building elements and garden walls is an effective and attractive
lighting technique that should be considered.
5. In order to use less energy and reduce light pollution, ensure that lighting
associated with new development or facilities (including street lighting,
recreational facilities, and parking) shall be designed to prevent artificial lighting
from illuminating adjacent residential neighborhoods and/or natural areas at a
level greater than one foot candle above ambient conditions.
K. Signage and Gateways
For Mixed Use Corridors, including but not necessarily limited to Kettleman Lane,
Cherokee Lane, Lodi Avenue, Central Avenue, Sacramento Street, and Stockton
Street, develop a wayfinding and signage scheme along the corridors that utilizes public
art and street elements, such as banners and light fixtures. The scheme should
reinforce the City's identity and linkages to downtown.
L. Walls
Encourage alternatives to soundwalls and permit new soundwalls only where
alternatives are not feasible. Alternative designs could include frontage roads, dense
vegetation, and ensuring sufficient insulation in residential units that would potentially
be impacted by the noise.
M. Equipment, Service Area, and Refuse Area Screening
1. Roof -mounted utility and communication equipment shall be screened from view
by structural features that are an integral part of the building's architectural
design.
2. Loading and service areas shall be concealed from view within the building
envelope or shall be located to the rear of the site and designed for minimal
visual impact and circulation conflicts.
3. When trash enclosures, loading docks, utility equipment, and similar uses are
visible from a side street or a neighboring property, they shall be screened using
materials, colors, and landscaping that are harmonious with the site design and
building architecture.
4. Trash storage areas shall be covered to reduce unsightly views.
5. Trash enclosures shall provide an area for recycling.
CHAPTER 17.24 - INDUSTRIAL ZONING DISTRICTS
Sections:
17.24.010 - Purpose of Chapter
17.24.020 - Purposes of Industrial Zoning Districts
17.24.030 - Industrial Zoning District Land Uses and Permit Requirements
17.24.040 - Industrial Zoning District General Development Standards
17.24.050 - Industrial Design Guidelines
17.24.010 - Purpose of Chapter
104
This Chapter lists the uses of land that may be allowed within the industrial zoning districts
established by Section 17.10.020 (Zoning Districts Established), determines the type of land
use permit/approval required for each use, and provides basic standards for site
development.
17.24.020 - Purposes of Industrial Zoning Districts
The industrial zoning districts are intended to provide for a range of industrial uses,
emphasizing high quality development, and to encourage revitalization of existing industrial
land uses. The purpose of the individual industrial zoning districts and the manner in which
they are applied are as follows.
A. M (Industrial) District. The M zoning district is applied to areas appropriate for a mix
of heavy manufacturing, warehousing, general service, storage, and distribution
activities. The maximum FAR is 0.6. The M zoning district is consistent with the
Industrial land use designation of the General Plan.
B. BP (Business Park) District. The BP zoning district is applied to areas appropriate for
office activities that generate high employment yield per acre. It accommodates
campus -like environments for a corporate headquarters and other office parks. This
designation may also provide for light industrial and production facilities. The
maximum FAR is 1.0. The BP zoning district is consistent with the Business Park land
use designation of the General Plan.
17.24.030 - Industrial Zoning District Land Uses and Permit
Requirements
Table 2-10 identifies the uses of land allowed by this Development Code in the industrial
zoning districts, and the land use permit required to establish each use, in compliance with
Section 17.12.030 (Allowable Land Uses and Permit Requirements).
Note: where the last column in the tables ("Specific Use Regulations") includes a section
number, the regulations in the referenced section apply to the use; however, provisions in
other sections of this Development Code may also apply.
A Allowed Use
TABLE 2-10 UP Use Permit Required
Industrial - Allowed Uses and Permit Requirements MUP Minor Use Permit Required
— Use Not Allowed
PERMIT REQUIRED
BY DISTRICT
Specific Use
LAND USE
Regulations
___ __
M ---_BP
„__
AGRICULTURE AND OPEN SPACE
Production of Crops A
A
RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES
City offices A
A
Clubs lodges, & membership halls A
—
Health/fitness facilities
A
Indoor sports facilities —
A
Outdoor recreation facilities
UP
UP
Schools - Specialized education and training
A
A
Studios -Art, dance, martial arts music, etc.
UP
UP
105
106
A_
Allowed Use
TABLE 2-10
UP
Use Permit Required
---
Industrial - Allowed Uses and Permit Requirements
MUP
-- -- ---
Minor Use Permit Required
—
Use Not Allowed
PERMIT REQUIRED BY DISTRICT
Specific Use
LAND USE
Regulations
BP .
RESIDENTIAL USES
Residential shelters
1
UP
RETAIL TRADE
Accessory retail uses
A
A
Adult entertainment business
�
A
Municipal Code
Chaffer 5.40
Alcoholic beverage sales, on-site
I
UP
UP
—
Auto parts sales
._._.
.------—
A
._.
._-_-__
—---------
—
------------------
Auto sales and rental
A
A
Building material stores
A
Construction/heavy equipment sales and rental
A
A
...----------_-
Convenience stores
—
UP
------ ----- ---------_._--------- --
Drive-in and drive-through sales and services
—
---
UP
Gas stations
A
UP
Mobile home and RV sales
A
_
A
........_...__--
Plant nurseries and garden supply stores
A
—
Restaurants
A
A
SERVICES—BUSINESS, FINANCIAL, PROFESSIONAL
Automated teller machines (ATMs)
A
A
Banks and financial services
A
A
Business support services
A
A
Medical - Clinics, offices, and laboratories
A
-------------------. .__-_.
Medical - Extended care
_.__. __---------
-------_
-_
A
---________----
Medical — Hospitals
—
A
Offices
A
A
Professional Services
A
A
SERVICES
Auto repair and maintenance
A
—
._......._...
Car wash
—
-------------
.
UP
Contractor storage yard
A
—
Food locker/distribution
A
—
Hotels and motels
UP
UP
Mortuaries & funeral homes
A
—
Research and development
A
A
Storage indoor
A
—
106
A Allowed Use
----------- ---------- ................---.. _..._..._------------
TABLE 2-10 UP Use Permit Required
Industrial - Allowed Uses and Permit Requirements MUP Minor Use Permit Required
( Use Not Allowed
--- - ------ - - --------- - - - ----
Specific Use
PERMIT REQUIRED BY DISTRICT
LAND USE Regulations
M BP
Upholstering shops A -
----- --- -_-__---._..__---.__.-- ------
Veterinary clinics, outpatient treatment only A
Veterinary clinics, clinics, animal hospitals, kennels A -
INDUSTRIAL, MANUFACTURING & PROCESSING, WHOLESALING
Accessory uses - industrial
A
A
Auto dismantling
UP
-
Chemical manufacturing and processing
UP
UP
Electronics equipment, and appliance
A
A
manufactunn
Food and beverage product manufacturing
A
UP
Furniture/fixtures manufacturing,cabinet shops
A
UP
Handcraft industries, small-scale manufacturing
A
UP
--- -._. ---- ----
Laundries and dry cleaning plants
A
-
---
--.. _._.._...--- ......__.__------- -----
Lumberyards
-----------------
A
-
-
_..._..-...___..-
Metal products fabrication, machine/welding shops
A
-
Milling
A
-
Paper and allied product manufacturing
A
-
Petroleum/coal product storage and processing
UP
-
Printing and publishing
A
A
Product assembly and packaging
A
A
Quarry materials storage and processing
UP
-
---....-- ------ ------ -._.- ---------__...----.
Railyard/boaUaircraft manufacturing and repair
UP
-
Recycling facilities
Small collection facility
-
17.36.110
Large collection facility
UP
-
17.36.110
_ .... ---- ---- --- -- ---
- - —
- _._..
....-----
Plastics manufacturing
A
UP
Warehouses, wholesaling and distribution
A ,
UP
TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE
USES
Broadcast studios
A
UP
Parking facilities/vehicle storage
A
---_.._._.._.
-
-- - ---------__ _---___- -
Telecommunications facilities
----____ .--- -------
MUP
--------- _--- - .... ...... _-_._----
-
-
17.36.140
Truck and freight terminals
A
-
. __.._...__-------- --- -- --
Utility Facility
UP
---._-..-----
-
---------------
107
17.24.040 - Industrial Zoning District General Development Standards
Subdivisions, new land uses and structures, and alterations to existing land uses and
structures, shall be designed, constructed, and/or established in compliance with the
requirements in Table 2-11, in addition to the applicable development standards (e.g.,
landscaping, parking and loading, etc.) in Article 3, (Site Planning and General Development
Standards).
TABLE 2-11
Industrial District General Development Standards
Requirement by Zoning District
Development Feature
M
BP
Minimum lot size
Minimum area, width, and depth required for new parcels.
Area
10,000 sq. ft.
1 acre
Width and
depth
75 ft. wide/100 ft. deep
75 ft. wide/100 ft. deep
Setbacks
Minimum and, where noted, maximum setbacks required. See Section
17.14.060 tot exceptions to these requirements.
Front
10 ft.
25 ft.
Street side
10 ft.
10 ft.
Sides (each)
None
_
None.i'�
Rear
None I'I
None (')
Floor Area Ratio
0.60
1.0
(FAR)
Height limit
70 ft (2)
Landscaping shall be provided:
Landscaping
1. As required by Chapter 17.30 (Landscaping); and
2. A minimum of 10 ft. of landscaping shall be provided across the entire
frontage of an industrial building.
Parking
As required by Chapter 17.32 (Parking and Loading)
All uses shall be conducted within a completely enclosed building unless
Enclosure
the specific use and zone permit otherwise. Uses allowed in an
requirement
applicable zone that are determined by the Director to require outdoor
storage or activities (for example, vehicle sales lots, service stations, etc.)
may be exempted from this requirement.
Notes:
(1) None required except: When adjacent to a res. zone boundary where a min. of 20 ft. is
required.
(2) Additional height is allowed by use permit.
17.24.050 - Industrial Design Guidelines
A. Purpose
The Industrial Design Guidelines are intended to provide clear and useful
recommendations for the design, construction, review, and approval of Industrial
development in the City of Lodi. The City of Lodi recognizes the unique requirements of
industrial development and the potential for such development, through careful design,
to make a positive contribution to the appearance of the community. Site and building
design provisions herein are focused on the view from public rights-of-way and
compatibility with surrounding development. This chapter will help ensure that new
projects will be well designed, uphold the City's vision, and contribute to the quality of
the public realm.
108
B. Applicability
The Design Guidelines in this chapter apply to the sites designated as Industrial
in the General Plan. The General Plan Industrial land use designation includes
the General Mills factory and sites along the railroad and east of State Route 99.
The design elements of each project (including site design, architecture,
landscaping, parking design) will be reviewed on a comprehensive basis.
2. The review authority may interpret these design guidelines with some flexibility in
their application to specific projects, as not all design criteria may be workable or
appropriate for each project. In some circumstances, one guideline may be
relaxed to facilitate compliance with another guideline determined by the review
authority to be more important in the particular case. The overall objective is to
ensure that the intent and spirit of the design guidelines are followed.
C. Building Orientation
Design industrial sites to minimize the visual impacts of parking areas,
equipment, and outdoor storage from public rights-of-way. Mitigate these
undesirable visual impacts through proper placement and design of buildings,
screen walls, and landscaping.
2. New buildings shall be oriented toward the adjoining public streets, so that public
entrances are a focal point on the building and site layout.
Industrial buildings shall be oriented so that bays and loading docks do not
directly face the primary street frontage. Loading areas shall be located in the
rear or side of the building whenever possible; however, they should never face
adjacent residential uses.
D. Building Design and Architecture
Massing and Scale
a. Organize the massing of larger buildings into components that more readily
relate to the human scale.
b. Reduce the mass and scale of large industrial buildings with building
facades and wall height variations, and by articulating rooflines and wall
planes.
C. Avoid long, repetitive, monotonous facades — particularly those that repeat
the same design element several times along the same elevation.
d. The scale of building(s) on the site edge shall be compatible with the scale
of adjoining development. Where surrounding development is of a small
scale, large scale buildings shall be located internal to the site and
transition down in scale as the outer edge of the site approaches.
2. Articulation and Detail
a. Individual design elements shall be faithful to the overall architecture of the
building. Architectural details shall be part of the design and not something
applied as an afterthought. A consistent design theme provides continuity
and avoids confusion of style.
109
b. Front and street -side facades of large buildings visible from a public street
or adjacent residential property shall include architectural features such as
reveals, windows and openings, trellises, changes in color, texture, and
material to add interest to the building elevation and reduce its visual
mass.
G. Consideration shall be given to recessing building floors above the first
story and providing vertical or horizontal offsets in the wall surfaces at
regular intervals, including columns, projections, and recesses, (e.g. every
20 feet).
d. All sides of the building visible from the street or residential property shall
have the same level of architectural detailing as the main elevation.
e. Primary building entries shall have pedestrian scale and shall be
expressed with windows, awnings, trellises, articulation, arcades,
landscape, planters, and material changes or other design elements so
that the building entry is easily identified and visible from the street and
parking lot.
f. Architectural detail at the street level shall establish human scale and
enhance the building's and the streetscape's appearance.
3. Roofs
a. Roofs shall be compatible with the architectural style and scale of the
building.
b. The roof shape shall reflect the configuration of the building's mass and
volume, and shall be consistent in its character where visible from public
streets.
G. Rooflines for large buildings shall be broken up and varied by providing
change in the height of a portion of the roof(s), change in form, or other
articulations. High pitched "A -frame" type rooflines and partial mansards
should be avoided.
4. Building Materials and Colors
a. Innovative use of durable, high quality materials such as brick, stone, tile,
stucco, and concrete is encouraged.
b. Incorporation of energy conservation features is encouraged in industrial
buildings to exceed California's 2005 Title 24 regulation standards for
building energy efficiency.
C. Use a color scheme (for example: two analogous colors plus a
complementary trim color) to create visual interest and enhance the
streetscape appearance of the building.
d. Use earthtone colors and keep the number of colors used on the building
and within the overall streetscape to a minimum.
e. Use smaller, articulated, varied color and texture wall surfaces rather than
larger homogenous ones.
110
The same exterior colors and finishes shall be used on all sides of the
structure.
g. Building color shall not be used as signage, branding, or business
identification.
h. Awning materials shall be compatible with the overall design and character
of the building. The use of fabric awnings is encouraged. The use of vinyl
and plastic awnings is discouraged.
Parking and Circulation
Site access shall allow for easy circulation throughout the project to minimize
conflicts between vehicles and pedestrians, between employee/visitor traffic and
truck shipping/delivery. Separate walkways shall be provided to the public way
from the main entrance. Main pedestrian routes through parking areas to
building entrances shall have decorative paving treatment or other demarcation
of pedestrian right-of-way.
2. Enhance primary entry drives for automobiles, especially visitors, with
ornamental landscaping, special treatment, and monument type signs to
communicate site access locations.
Parking lots shall not be the dominant visual element of the site. It is generally
more visually appealing to locate parking lots along the side or the rear of
buildings. Small customer -oriented parking lots are appropriate toward the front
of the site; however, the majority of employee parking should be located to the
rear of the site to the maximum extent feasible. To avoid large expanses of
paved areas, large parking lots should be divided into smaller parking areas.
Buildings should not be located in a manner that make them appear like
"islands" surrounded by paved areas.
4. The number of site accesses (ingress/egress) shall be controlled in terms of the
location and number of driveways to minimize traffic safety conflicts, street
congestion, and unnecessarily disrupted street frontage. Where possible,
adjoining properties should share access driveways to minimize the number of
driveways along public streets. Shared service or secondary access alleys shall
also be considered. Use of an existing side street for primary or secondary
access is encouraged as opposed to creating one or more new curb cuts on a
collector or arterial street.
5. New streets for industrial projects shall be designed to handle heavier loads
associated with truck operations, as necessary. Larger turning movements shall
also be included in new streets to facilitate truck movements.
Landscaping
Emphasis shall be placed on California or Mediterranean style landscaping,
particularly indigenous plants, ornamental vines, and flowers in either container
pots or as part of an arbor/trellis. Landscaping must be well maintained with drip
irrigation systems for trees/garden beds and pots that do not drain across the
pavement.
2. All landscaping shall employ features and techniques that reduce the demand for
and consumption of water, including appropriate low-water plants, a high degree
of paving permeability and water conserving irrigation techniques and systems.
Recycled water should be utilized to the extent possible.
3. Trees in paved areas shall be provided with "deep root' barriers, deep root
automatic irrigation, and expandable metal tree grates of adequate size. Root
barriers shall be of a material specifically designed for containing tree roots.
Irrigation shall be adapted for deep watering.
4. Planting plans for building setbacks should include a hierarchy of plantings in
terms of size and types of plant materials that mark the transition between the
horizontal ground plane at the sidewalk or parking area and the tall, vertical
facades of buildings.
5. The use of vines, trellises, and landscape screen walls is strongly encouraged
on larger areas of unadorned building facades to soften the appearance and to
deter graffiti.
6. Increase the amount of landscaping and special landscape features at project
entries and pedestrian gathering areas.
7. Minimize the quantity of impervious paving in parking areas and maximize the
use of landscaping or permeable pavement on-site to reduce surface water
runoff and the need for water detention basins.
8. Where it is infeasible to locate all large parking areas to the rear of the building,
views of expansive paved areas from public rights-of-way and/or residential
areas shall be minimized by landscaping within and along the perimeter of
parking lots.
9. Required parking lot landscaping shall include the use of landscape planters
along parking aisles throughout the parking lot.
10. Streetscapes shall incorporate a mix of trees, shrubbery, and ground cover to
establish a landscape corridor presence.
11. Consideration shall be given to the incorporation of open space areas in the form
of courtyards, plazas, shaded arcades and functional landscaped areas. These
features should link adjoining buildings and take advantage of outdoor as well as
indoor space. These features can be located in areas with recessed facades or
setbacks in excess of minimum standards, and may be designed for use by
employees and/or customers. Pedestrian features such as benches, tables,
fountains, artwork, and landscaping should be incorporated as focal points or
relaxation area.
G. Lighting
1. The design and location of outdoor lighting fixtures shall preclude direct glare
onto adjoining non -industrial property and streets.
2. Outdoor lighting shall be designed to foster security. Illumination should be
increased at building entries to increase visibility and safety.
3. Use landscape lighting and exterior lighting to enhance project design features.
Lighting fixtures shall have sharp cut off so that no direct lighting falls onto
adjacent properties or the public right-of-way.
4. As applicable, illuminate flags only with very narrow spot type lamps directed no
more than 15 degrees from vertical. Shield fixtures so that the light source is not
visible from off-site.
112
H. Equipment, Service Area, and Refuse Area Screening
1. Roof -mounted utility and communication equipment shall be screened from view
by structural features that are an integral part of the building's architectural
design.
2. Loading and service areas shall be concealed from view within the building
envelope or shall be located to the rear of the site and designed for minimal
visual impact and circulation conflicts.
3. When trash enclosures, loading docks, utility equipment, and similar uses are
visible from a street, they shall be screened using materials, colors, and
landscaping that are harmonious with the site design and building architecture.
4. Trash enclosures shall provide an area for recycling.
I. Metal Buildings
Metal buildings present their own special set of challenges and opportunities in the
community context. If metal buildings are well articulated and surfaces are judiciously
mixed with other materials, or textures, and colors, they can make an attractive
contribution to industrial park appearance.
1. Metal buildings should incorporate architectural features such as gable, hip, and
other sloping roof forms, prominent main entries, windows, storefront, glazed
doors, canopies and window awnings, use of brick or stone at building base, and
architectural lighting fixtures to make a positive contribution to the streetscape.
2. Street frontages of metal buildings shall present sloping or articulated roof forms.
Eaves and steeper roof pitches are more attractive than shallow roofs and roofs
without eaves.
3. As with all building design, roofs, particularly metal roofs, contribute significantly
to a building's appearance and character. Variety in roof shapes and colors
should complement the scale of the building. Darker, non -glare colors help
reduce the mass of metal roof designs. Metal roofs can incorporate standing
seam, tile and shake materials to create visual interest in design.
4. Long, stark, and uninterrupted panels used for metal buildings shall be avoided.
Use of panels with continuous vertical seams shall also be avoided. Other
building materials should be incorporated into structural design to add contrast,
variety, and visual interest in building form. Wall systems should use techniques
that hide or disguise wall fastening systems and seams. Building features such
as columns, curved metal corners, deep reveals at construction joints or other
details should be incorporated into building design to add interest into the
architectural design.
5. Window treatments can provide a key design element for metal buildings.
Windows shall particularly be incorporated along the street front elevation(s) to
help metal buildings incorporate human -scale design elements that address the
building to the street. Windows should incorporate changes in building plane by
either recessing or projecting them as integral parts of the overall design theme.
Detailed window fenestration should be incorporated around windows including
change in relief, color, pattern, and/or materials.
6. Downspouts shall be concealed unless they are part of the design, in which case
downspouts shall be coated to match the wall color.
113
7. Any freestanding outbuildings shall use forms, shapes and materials that are
consistent with the main structure.
8. Large expanses of light colored metal wall materials shall be avoided. Darker
colors help visually reduce the prominence of large metal buildings. Horizontal
color bands, and wall projections and recesses, provide shadowing to
accentuate differentiation for wall designs. Consider using corrugated or flat
fiber -reinforced cement panels, as well as metal.
CHAPTER 17.26 - SPECIAL PURPOSE ZONING DISTRICTS
Sections:
17.26.010 - Purpose of Chapter
17.26.020 - Purposes of Special Purpose Zoning Districts
17.26.030 - Special Purpose District Land Uses and Permit Requirements
17.26.040 - Public and Community Facilities District Development Standards
17.26.010 - Purpose of Chapter
This Chapter lists the uses of land that may be allowed within the special purpose zoning
districts established by Section 17.10.020 (Zoning Districts Established), determines the
type of land use permit/approval required for each use, and provides basic standards for site
development.
17.26.020 - Purposes of Special Purpose Zoning Districts
The purposes of the individual special purpose zoning districts and the manner in which they
are applied are as follows.
A. PF (Public and Community Facilities) Zoning District. The PF zoning district is
applied to areas suitable for public land uses including government offices, schools,
and libraries, and other related public uses. The PF zoning district is consistent with
the Public/Quasi Public and the Detention Basins and Parks land use designations of
the General Plan.
17.26.030 - Special Purpose District Land Uses and Permit
Requirements
Table 2-12 identifies the uses of land allowed by this Development Code in the commercial
zoning districts, and the land use permit required to establish each use, in compliance with
Section 17.12.030 (Allowable Land Uses and Permit Requirements).
Note: where the last column in the tables ("Specific Use Regulations") includes a section
number, the regulations in the referenced section apply to the use; however, provisions in
other sections of this Development Code may also apply.
114
Standards for development within the PF zoning district will be determined by the City
through the project review process.
CHAPTER 17.28 - OVERLAY ZONING DISTRICTS
Sections:
17.28.010 - Purpose of Chapter
17.28.020 - Applicability of Overlay Zoning Districts
17.28.030 - Flood Hazard (-F) Overlay Zoning District
17.28.040 - Planned Development (-PD) Overlay Zoning District
115
A
Allowese
d U
TABLE 2-12
Special Purpose Zones - Allowed Uses and Permit
UP
Use Permit Required
Requirements
MUP
Minor Use Permit Required
— Use Not
Allowed
PF DISTRICT
Specific Use
LAND USE
PERMIT
Regulations
egulations
RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES
Cemetery
A
City offices
A
Clubs, lodges, & membership halls
A
Community centers
A
Indoor sports facilities
A
Fairgrounds
A
-----------...---------------------------------_-_------.._....._...
Health/fitness facilities
A
Indoor amusement/entertainment facilities
A
Indoor sports facility
A
Libraries, museums, galleries (public)
A
Outdoor recreation facilities
A
Parks and playgrounds
UP
Religious facilities
A
---- __.---- .._.._--- — - _
School Public
.____. __-----------------
A
-.-----.
Schools - Specialized education and training
A
-
- Art, dance, martial arts, music, etc. A
Theaters and auditoriums A
-__-_-_.-__-----------._ ---- -------------..----.-
TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE USES
--- - ----
Parking facilities/vehicle storage A
-_-___..-----------._._. --- -------------_.-------------------..—. _----------._....--------
Telecommunications facilities A
Utility Facility A
17.26.040 - Public and Community Facilities District Development
Standards
Standards for development within the PF zoning district will be determined by the City
through the project review process.
CHAPTER 17.28 - OVERLAY ZONING DISTRICTS
Sections:
17.28.010 - Purpose of Chapter
17.28.020 - Applicability of Overlay Zoning Districts
17.28.030 - Flood Hazard (-F) Overlay Zoning District
17.28.040 - Planned Development (-PD) Overlay Zoning District
115
17.28.010 - Purpose of Chapter
This Chapter regulates new and existing structures and land uses in the overlay zoning
districts established by Section 17.10.020 (Zoning Districts Established). The provisions of
this Chapter provide guidance for development in addition to the standards and regulations
of the primary zoning districts, where important site, environmental, safety, compatibility, or
design issues require particular attention in project planning.
17.28.020 - Applicability of Overlay Zoning Districts
The provisions of this Chapter apply to proposed land uses and development in addition to
all other applicable requirements of this Development Code. Any perceived conflict between
the provisions of this Chapter and any other provision of this Development Code shall be
resolved in compliance with Section 17.02.020.D,
A. Mapping of overlay districts. The applicability of any overlay zoning district to a
specific site is shown by the overlay Zoning Map symbol established by Section
17.10.020 (Zoning Districts Established), being appended as a suffix to the symbol for
the primary zoning district on the Zoning Map. The overlay districts are applied to
property through the rezoning process (Chapter 17.72).
B. Allowed land uses, permit requirements, development standards. Except as may
be otherwise provided by this Chapter for a specific overlay district:
Any land use normally allowed in the primary zoning district by this Article may be
allowed within an overlay district, subject to any additional requirements of the
overlay district;
2. Development and new land uses within an overlay district shall obtain the land
use permits required by this Article for the primary zoning district, and
3. Development and new land uses within an overlay district shall comply with all
applicable development standards of the primary zoning district, except as
modified by this Chapter.
17.28.030 - Flood Hazard (-F) Overlay Zoning District
A. Purpose. The - F overlay district is intended to protect people and property from flood
hazard risks by appropriately regulating development and land uses within areas
subject to flooding. Special regulation is necessary for the protection of the public
health, safety and general welfare, and of property and improvements from hazards
and damage resulting from floodwaters and to promote the open space conservation
element policies of the General Plan.
B. Applicability.
Application to property. The -F overlay district is applied to areas within the
City prone to flood hazard risks, combined with any primary zoning district as
shown on the Zoning Map and by Section 17.10.020 (Zoning Districts
Established).
2. Floodplain boundaries. The Mokelumne River floodplain is defined as those
areas of special flood hazard identified by the Federal Insurance Administration
through a scientific and engineering report entitled "The Flood Insurance Study
for the City of Lodi," dated June, 1987, with accompanying flood insurance rate
maps and any revision thereto, which are adopted by reference and declared to
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be a part of this section. Maps and data which reflect this delineation are on file in
the office of the Director of Community Development.
C. Permit requirements. No structure or land shall, after the effective date of the
ordinance codified in this chapter, be located, extended, converted or altered within
the -F overlay zoning district without full compliance with the terms of this chapter, and
without having first received a development or construction permit in accordance with
the provisions of this title and, for developments requiring use permits, with the
provisions of Section 17.12.030.
D. Allowable land uses. Nothing in this subsection is intended to authorize a use not
otherwise allowed in the primary zoning district with which the -F overlay district is
combined.
1. Permitted uses generally. Unless otherwise prohibited or subject to a use
permit in the primary zoning district, the following uses are permitted without a
use permit where modification or removal of native vegetation, including trees, is
not required:
a. Agriculture;
b. Open space agricultural uses not requiring a closed building such as,
orchards, and livestock feeding and grazing;
c. The storage of farm machinery which is readily removable from the area
within the time available after flood warning; and
d. Recreational: firmly anchored recreational floating docks.
e. Modification of native vegetation: Where modification or removal native
vegetation is required, such modification or removal may be after obtaining a
development permit consisting of written approval from the community
development director; provided, that such modifications in the floodplain
have been found to be consistent with the general plan.
2. Permitted uses — Use Permit and State approval. Unless otherwise prohibited
in the primary zoning district, the following uses may be permitted after approval
of a conditional use permit by the City and after approval by the State
Department of Fish and Game and the Reclamation Board of the state; provided,
that as determined by said Reclamation Board, a combination of such uses within
the floodplain does not materially increase the flood height of the intermediate
regional floodplain; and provided further, that as determined by the State
Department of Fish and Game, full mitigation measures will be used to protect
and enhance the trees, native plant materials and wildlife in the floodplain, in
accordance with good fish and game practices and in accordance with the
following:
a. Residential dwellings on existing undeveloped lots in subdivisions approved
before January 1, 1977;
b. Outdoor recreational facilities:
(1) Campgrounds;
(2) Boating facilities;
(3) Parks;
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(4) Golf courses or driving ranges;
(5) Athletic fields; and
(6) Shooting ranges.
c. Fences, fills, walls, excavations or other appurtenances which do not
constitute an obstruction or debris -catching obstacle to the passage of
floodwaters and which are consistent with the open space -conservation
element policies;
d. Private drives, bridges, and public utility wires and pipelines for transmission
and distribution;
e. Improvements in stream channel alignment, cross-section and capacity,
including modification of riverbank and flood protection levees;
f. Structures that are designed to have a minimum effect upon the flow of water
and are firmly anchored to prevent the structure from flotation (excepting
floating docks); provided, that no structures for human habitation is
permitted;
g. Other similar uses of a type not appreciably damaged by floodwaters.
3. Prohibited uses — Storage or processing. The storage or processing of
materials that are in time of flooding buoyant, flammable or explosive, or could be
injurious to human, animal or plant life, is prohibited.
E. Development standards. In all areas zoned in the -F overlay district, the provisions
set out in Sections 1 through 6 are required.
1. Elevation of lowest floor. The lowest floor of any residential structure, including
garages and accessory buildings, shall be elevated eighteen inches or more
above the level of the base flood elevation.
2. Anchorage. All new construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement of the structure.
3. Construction practices and materials. All new construction or substantial
improvements shall be constructed with materials and utility equipment resistant
to flood damage using methods and practices that minimize flood damage.
4. Water and sewer systems. New and replacement water and sanitary sewage
systems shall be designed to minimize or eliminate infiltration of floodwaters into
the systems and discharges from the systems into floodwaters.
5. Nonresidential structures. New nonresidential structures shall be floodproofed
or elevated eighteen inches or more above the level of the base flood.
6. Floodproofing. All structures requiring floodproofing shall be so designed so
that below the base flood level the structure is watertight with walls substantially
impermeable to the passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads with effects of
buoyancy. A registered professional engineer or architect shall certify that the
standards of this section are satisfied and a copy of such certification shall be
provided to the director of public works and the chief building inspector.
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Warning — Liability denied. The degree of flood protection required by this chapter is
considered reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare occasions. Flood
heights may be increased by manmade or natural causes. This chapter does not imply
that land outside the areas of special flood hazards or uses permitted within such
areas will be free from flooding or flood damages. This chapter shall not create liability
on the part of the City or by any officer or employee thereof for any flood damages that
result from reliance on this chapter or any administrative decision lawfully made under
this chapter.
17.28.040 - Planned Development (-PD) Overlay Zoning District
A. Purpose. The -PD overlay district is intended to identify areas where the City has
determined that flexibility in the application of development standards will produce
development projects of superior quality, including retention of unique site
characteristics, creative and efficient project design, etc., than would have been
achieved through strict application of the development standards required by the
primary zoning district. The -PD zoning district is consistent with all land use
designations of the General Plan.
B. Applicability.
Eligible primary districts. The -PD overlay district may be combined with any of
the residential, commercial, or industrial zoning districts established by Section
17.10.020 (Zoning Districts Established).
2. Minimum site area for district. The -PD overlay zoning district shall only be
applied to sites of five acres or larger.
C. Permit requirements. Planned Development Permit approval (Section 17.40.060)
shall be required for all development and new land uses except the interim land uses
allowed by Subsection D. below. A Planned Development Permit application must be
simultaneously submitted with an application for rezoning to apply the -PD overlay
zoning district, where rezoning is initiated by a property owner.
D. Allowable land uses. Any land use normally allowed by this Article in the applicable
primary zoning district may be authorized within the -PD overlay district through the
Planned Development Permit. Prior to the approval of a Planned Development
Permit, allowable uses shall be limited to the following.
1. Interim uses - Residential districts. When the -PD overlay is combined with a
residential zoning district, a site may be used for any of the agricultural, resource,
and open space uses identified as permitted by Table 2-4. With Use Permit
approval, a site may be used for these temporary, short-term activities involving
no physical improvements to the site.
2. Interim uses - Commercial districts. When the -PD overlay is combined with a
commercial zoning district, a site may be used in advance of Planned
Development Permit approval only for temporary, short-term activities involving
no physical improvements to the site, when authorized by Use Permit approval.
3. Interim uses - Industrial districts. When the -PD overlay is combined with a
industrial zoning district, a site may be used in advance of Planned Development
Permit approval only for temporary, short-term activities involving no physical
improvements to the site, when authorized by Use Permit approval.
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E. Development standards. Proposed development and new land uses shall comply
with all development standards established by the applicable Planned Development
Permit, or previous Master Plan and Precise Development Plan, in addition to the
requirements of the primary zoning district, and the applicable development standards
(e.g., landscaping, parking and loading, etc.) in Article 3 (Site Planning and General
Development Standards).
ARTICLE 3
Site Planning and General Development Standards
Chapter 17.30 - Landscaping
17.30.010 - Purpose of Chapter
17.30.020 - Applicability
17.30.030 - Landscape Plan Approval Requirements
17.30.040 - Landscape Location Requirements
17.30.050 - Residential Front and Street Side Yard Landscape Requirements
17.30.060 - Maintenance of Landscape Areas
17.30.070 - Water Efficient Landscape Requirements
Chapter 17.32 - Parking and Loading
17.32.010 - Purpose of Chapter
17.32.020 - Applicability
17.32.030 - General Parking Regulations
17.32.040 - Number of Parking Spaces Required
17.32.050 - Adjustments to Parking Requirements
17.32.060 - Disabled/Handicapped Parking Requirements
17.32.070 - Parking Design Standards
17.32.080 - Driveways and Site Access
17.32.090 - Bicycle Parking
17.32.100 - Loading Space Requirements
17.32.110 - Parking and Circulation Design Guidelines
Chapter 17.34 - Signs
17.34.010 - Purpose of Chapter
17.34.020 - Applicability
17.34.030 - Sign Permit Requirements
17.34.040 - Prohibited Signs
17.34.050 - General Requirements for all Signs
17.34.060 - Zoning District Sign Standards
17.34.070 - Standards for Specific Types of Signs
17.34.080 - Exceptions to Sign Area Standards
17.34.090 - Sign Maintenance
17.34.100 - Nonconforming Signs
17.34.110 - Violations and Abatement
17.34.120 - Judicial Review
17.34.130 - Sign Design Guidelines
Chapter 17.36 - Standards for Specific Land Uses
17.36.010 - Purpose of Chapter
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17.36.020 - Applicability
17.36.030 - Child Day Care Facilities
17.36.040 - Residential Care Facilities and Senior Apartments
17.36.050 - Residential Density Bonus
17.36.060 - Home Occupations
17.36.070 - Mobile Home Parks
17.36.080 - Outdoor Display and Retail Activities
17.36.090 - Outdoor Storage
17.36.100 - Recreational Vehicle Parks
17.36.110 - Recycling Facilities
17.36.120 - Residential Accessory Uses and Structures
17.36.130 - Second Dwelling Units
17.36.140 - Telecommunication Facilities
CHAPTER 17.30 - LANDSCAPING
Sections:
17.30.010 - Purpose of Chapter
17.30.020 - Applicability
17.30.030 - Landscape Plan Approval Requirements
17.30.040 - Landscape Location Requirements
17.30.050 - Residential Front and Street Side Yard Landscape Requirements
17.30.060 - Maintenance of Landscape Areas
17.30.070 - Water Efficient Landscape Requirements
17.30.010 - Purpose of Chapter
The purpose of this Chapter is to protect public health, safety, and welfare by:
A. Preserving and enhancing the visual character of the community, and providing cooling
shade;
B. Enhancing well-designed structures and increasing compatibility between abutting land
uses and public rights-of-way by providing landscape screening and buffers; and
C. Provide for the conservation and safeguard of water resources through the efficient use
of water, appropriate use of plant materials, and regular maintenance of landscaped
areas.
17.30.020 - Applicability
A. Landscaping required. The provisions of this Chapter apply to all new proposed
development. An addition to a structure that is 25 percent or more of the floor area of
the existing structure, and any change of use, shall require that the entire parcel be
brought into compliance with the requirements of this Chapter. In the case of an
existing use, if the amount of required landscaping cannot be accommodated because
of physical constraints on the site, (e.g., structures, parking, circulation, etc.) the
applicant shall provide whatever additional landscaping the site can accommodate
towards meeting the landscape requirements of this Chapter.
B. Other requirements. Standards for the provision of landscaping within the public right-
of-way are located in Article 5 (Subdivisions).
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17.32.030 - Landscape Plan Approval Requirements
A. Preliminary Landscape Plan. A Preliminary Landscape Plan shall be submitted as
part of an application for a land use entitlement for new development, except for single
family on individual lots, or the significant expansion or redevelopment of an existing
use as determined by the Director.
B. Final Landscape Plan. Following approval of the land use entitlement, a Final
Landscape Plan shall be submitted as part of the application for a Building Permit.
Final plans shall be approved by the Director prior to the start of on-site construction or
soil disturbance and prior to the issuance of a Building Permit.
C. Content. Preliminary Landscape Plans and Final Landscape Plans shall contain
information as specified in the instructions for preparing landscape plans provided by
the Department.
D. Review and approval. After initial application, the Director shall review each
Preliminary Landscape Plan and Final Landscape Plan to verify its compliance with the
provisions of this Chapter. The Director may approve the submittal in compliance with
this Chapter, or may disapprove or require changes to a submittal if it is not in
compliance.
E. Statement of surety. When required by the Director, a statement of surety in the form
of cash, performance bond, letter of credit, or certificate of deposit, in an amount equal
to 150 percent of the total value of all plant materials, irrigation, installation, and
maintenance shall be posted with the City for a two-year period. The Director may
require statements of surety for phased development projects, a legitimate delay in
landscape installation due to seasonal requirements (including adverse weather
conditions) and similar circumstances where it may not be advisable or desirable to
install all of a project's landscaping before occupancy of the site.
F. Minor changes to approved plans. Landscape plan approval may include the
Director authorizing minor changes from the requirements of this Chapter.
17.30.040 - Landscape Location Req uirementsError! Bookmark not
defined.
Landscaping shall be provided in the locations specified below except for single-family uses.
A. Setbacks. All setback and open space areas required by this Development Code, and
easements for utilities, and drainage courses shall be landscaped, except where it is
determined by the Director that landscaping is not necessary to fulfill the purposes of
this Chapter.
B. Unused areas. All areas of a project site not intended for a specific use, including pad
sites in shopping centers held for future development, shall be landscaped unless it is
determined by the Director that landscaping is not necessary to fulfill the purposes of
this Chapter.
C. Parking areas. Parking areas shall be landscaped in compliance with the following
requirements.
1. Landscape materials. Landscaping materials shall be provided throughout the
parking lot area using a combination of trees, shrubs, and ground cover.
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2. Curbing. Areas containing plant materials shall be bordered by a concrete curb at
least six inches high and six inches wide. Alternative barrier design to protect
landscaped areas from damage by vehicles may be approved by the Director.
3. Location of landscaping. Parking lot landscaping shall be located so that
pedestrians are not required to cross landscaped areas to reach building entrances
from parked cars. This should be achieved through proper orientation of the
landscaped fingers and islands.
4. Bumper overhang areas. To increase the parking lot landscaped area, a
maximum of 2 feet of the parking stall depth may be landscaped with low -growth,
hearty materials in lieu of paving, allowing a 2 -foot bumper overhang while
maintaining the required parking dimensions.
5. Perimeter parking lot landscaping.
a. Adjacent to streets. Parking areas for nonresidential uses adjoining a public
street shall be designed to provide a landscaped planting strip between the
street right-of-way and parking area equal in depth to the setback required by
the zoning district or 10 feet, whichever is greater. Required parking areas for
residential uses shall not be located within the required setback areas.
The landscaping shall be designed and maintained to screen cars from view
from the street and shall be a height of between 30 and 42 inches. Screening
materials may include a combination of plant materials, earth berms, solid
masonry walls, raised planters, or other screening devices to meet the intent of
this requirement. Shade trees shall be provided at a minimum rate of one for
every 30 linear feet of landscaped area.
Adjacent to side or rear property lines. Parking areas for nonresidential
uses shall provide a perimeter landscaped strip at least five feet wide (inside
dimension) where the facility adjoins a side or rear property line. The
perimeter landscaped strip may include a required yard or buffer area. Trees
shall be provided at the rate of one for each 30 linear feet of landscaped area.
c. Adjacent to structures. When parking areas are located adjacent to
nonresidential structures, a minimum five-foot wide landscape strip shall be
provided adjacent to the structure.
d. Adjacent to residential use. Parking areas for nonresidential uses adjoining
residential uses shall provide a landscaped buffer yard with a minimum 10 -foot
width between the parking area and the common property line bordering the
residential use. A solid masonry wall or fence and landscape buffer shall be
provided along the property line to address land use compatibility issues such
as nuisance noise and light or glare. Trees shall be provided at the rate of one
for each 30 linear feet of landscaped area.
6. Interior parking lot landscaping.
a. Minimum area of landscaping. A minimum of five percent of the total off-
street parking area shall be landscaped with trees, shrubs, and ground cover.
The perimeter landscaping required by Subsection C.5 of this section shall not
be considered part of the required parking lot landscaping.
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Planter dimensions. Planters with trees shall have a minimum interior
dimension of five feet. All ends of parking lanes shall be separated from drive
aisles by landscaped islands or other means approved by the Director.
c. Larger projects. Parking lots with more than 150 spaces shall provide a
concentration of landscape elements at primary entrances, including specimen
trees, flowering plants, and enhanced paving.
17.30.050 - Residential Front and Street Side Yard Landscape
Req uirementsError! Bookmark not defined.
The following landscape requirements apply to all residential properties:
A. Hardscape. No more than 50 percent of the front and street side yard area, visible
from the public right of way, may be paved with hardscape materials such as concrete,
asphalt, pavers, etc.
B. Landscape. Any portion of the front and street side yard, visible from the public right of
way, that is not covered with a hardscape material must be landscaped with grass,
annuals, perennials, groundcover, shrubs, trees, other recognized landscape materials,
and any design elements such as planters, rocks, mulch and similar element when
integrated as part of the landscape. Living vegetation must cover at least 75 percent of
the landscaped yard areas.
C. Maintenance. All landscaped yard areas must be irrigated, mowed, trimmed and
maintained as often as necessary to prevent overgrowth and blight. No dirt yards shall
be allowed. No junk, debris or similar materials may be stored in the front or street side
yard area.
17.30.060 - Maintenance of Landscape Areas
A. Maintenance required. All landscaped areas shall be maintained in a healthful and
sound condition at all times. Irrigation systems and their components shall be
maintained in a fully functional manner consistent with the originally approved design
and the provisions of this Chapter. Regular maintenance shall include checking,
adjusting, and repairing irrigation equipment; resetting automatic controllers; aerating
and dethatching turf areas, adding/replenishing mulch, fertilizer, and soil amendments
and dead or deceased plants; pruning; and weeding all landscaped areas.
B. Water waste prohibited. Water waste in existing developments resulting from
inefficient landscape irrigation leading to excessive runoff, low head drainage,
overspray, and other similar conditions where water flows onto adjacent property, non-
irrigated areas, walks, roadways, or structures is prohibited.
17.30.070 - Water Efficient Landscape Req uirementsError! Bookmark not
defined.
A. Applicability.
The Water Efficient Landscape Requirements shall apply to all of the following
landscape projects:
New construction and rehabilitated landscapes for public agency projects and
private development projects with a landscape area equal to or greater than 2,500
square feet requiring a building or landscape permit, plan check or design review;
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2. New construction and rehabilitated landscapes which are developer -installed in
single-family and multi -family projects with a landscape area equal to or greater
than 2,500 square feet requiring a building or landscape permit, plan check, or
design review;
3. New construction landscapes which are homeowner -provided and/or homeowner -
hired in single-family and multi -family residential projects with a total project
landscape area equal to or greater than 5,000 square feet requiring a building or
landscape permit, plan check or design review;
4. Existing landscapes limited to Sections 17.30.0703, U and V; and
5. Cemeteries. Recognizing the special landscape management needs of cemeteries,
new and rehabilitated cemeteries are limited to Sections 17.30.070.G, 17.30.070.N
and 17.30.070.0; and existing cemeteries are limited to Sections 17.30.070.T, U,
and V.
The Water Efficient Landscape Requirements do not apply to:
1. Registered local, state or federal historical sites;
2. Ecological restoration projects that do not require a permanent irrigation system;
3. Mined -land reclamation projects that do not require a permanent irrigation system;
or
4. Plant collections, as part of botanical gardens and arboretums open to the public.
B. Definitions. The terms used in the Water Efficient Landscape Requirements have the
meaning set forth below:
1. "applied water" means the portion of water supplied by the irrigation system to the
landscape.
2. "automatic irrigation controller" means an automatic timing device used to remotely
control valves that operate an irrigation system. Automatic irrigation controllers
schedule irrigation events using either evapotranspiration (weather -based) or soil
moisture data.
3. "backflow prevention device" means a safety device used to prevent pollution or
contamination of the water supply due to the reverse flow of water from the
irrigation system.
4. "Certificate of Completion" means the document required under Section
17.30.070.1.
5. "certified irrigation designer" means a person certified to design irrigation systems
by an accredited academic institution a professional trade organization or other
program such as the US Environmental Protection Agency's WaterSense irrigation
designer certification program and Irrigation Association's Certified Irrigation
Designer program.
6. "certified landscape irrigation auditor" means a person certified to perform
landscape irrigation audits by an accredited academic institution, a professional
trade organization or other program such as the US Environmental Protection
125
Agency's WaterSense irrigation auditor certification program and Irrigation
Association's Certified Landscape Irrigation Auditor program.
7. "check valve" or "anti -drain valve" means a valve located under a sprinkler head, or
other location in the irrigation system, to hold water in the system to prevent
drainage from sprinkler heads when the sprinkler is off.
8. "common interest developments" means community apartment projects,
condominium projects, planned developments, and stock cooperatives per Civil
Code Section 1351.
9. "conversion factor (0.62)" means the number that converts acre -inches per acre
per year to gallons per square foot per year.
10. "drip irrigation" means any non -spray low volume irrigation system utilizing
emission devices with a flow rate measured in gallons per hour. Low volume
irrigation systems are specifically designed to apply small volumes of water slowly
at or near the root zone of plants.
11. "ecological restoration project" means a project where the site is intentionally
altered to establish a defined, indigenous, historic ecosystem.
12. "effective precipitation" or "usable rainfall" (Eppt) means the portion of total
precipitation which becomes available for plant growth.
13. "emitter" means a drip irrigation emission device that delivers water slowly from the
system to the soil.
14. "established landscape" means the point at which plants in the landscape have
developed significant root growth into the soil. Typically, most plants are
established after one or two years of growth.
15. "establishment period of the plants" means the first year after installing the plant in
the landscape or the first two years if irrigation will be terminated after
establishment. Typically, most plants are established after one or two years of
growth.
16. "Estimated Total Water Use" (ETWU) means the total water used for the landscape
as described in Section 17.30.070.G.
17. "ET adjustment factor" (ETAF) means a factor of 0.7, that, when applied to
reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two
major influences upon the amount of water that needs to be applied to the
landscape. A combined plant mix with a site -wide average of 0.5 is the basis of the
plant factor portion of this calculation. For purposes of the ETAF, the average
irrigation efficiency is 0.71. Therefore, the ET Adjustment Factor is (0.7)=(0.5/0.71).
ETAF for a Special Landscape Area shall not exceed 1.0. ETAF for existing non-
rehabilitated landscapes is 0.8.
18. "evapotranspiration rate" means the quantity of water evaporated from adjacent soil
and other surfaces and transpired by plants during a specified time.
19. "flow rate" means the rate at which water flows through pipes, valves and emission
devices, measured in gallons per minute, gallons per hour, or cubic feet per
second.
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20. "hardscapes" means any durable material (pervious and non -pervious).
21. "homeowner -provided landscaping" means any landscaping either installed by a
private individual for a single family residence or installed by a licensed contractor
hired by a homeowner. A homeowner, for purposes of the Water Efficient
Landscape Requirements, is a person who occupies the dwelling he or she owns.
This excludes speculative homes, which are not owner -occupied dwellings.
22. "hydrozone" means a portion of the landscaped area having plants with similar
water needs. A hydrozone may be irrigated or non -irrigated.
23. "infiltration rate" means the rate of water entry into the soil expressed as a depth of
water per unit of time (e.g., inches per hour).
24. "invasive plant species" means species of plants not historically found in California
that spread outside cultivated areas and can damage environmental or economic
resources. Invasive species may be regulated by county agricultural agencies as
noxious species. "Noxious weeds" means any weed designated by the Weed
Control Regulations in the Weed Control Act and identified on a Regional District
noxious weed control list. Lists of invasive plants are maintained at the California
Invasive Plant Inventory and USDA invasive and noxious weeds database.
25. "irrigation audit' means an in-depth evaluation of the performance of an irrigation
system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit
includes, but is not limited to: inspection, system tune-up, system test with
distribution uniformity or emission uniformity, reporting overspray or runoff that
causes overland flow, and preparation of an irrigation schedule.
26. "irrigation efficiency" (IE) means the measurement of the amount of water beneficially
used divided by the amount of water applied. Irrigation efficiency is derived from
measurements and estimates of irrigation system characteristics and management
practices. The minimum average irrigation efficiency for purposes of the Water
Efficient Landscape Requirements is 0.71. Greater irrigation efficiency can be
expected from well designed and maintained systems.
27. "irrigation survey" means an evaluation of an irrigation system that is less detailed
than an irrigation audit. An irrigation survey includes, but is not limited to:
inspection, system test, and written recommendations to improve performance of
the irrigation system.
28. "irrigation water use analysis" means an analysis of water use data based on meter
readings and billing data.
29. "landscape architect' means a person who holds a license to practice landscape
architecture in the state of California Business and Professions Code, Section
5615.
30. "landscape area" means all the planting areas, turf areas, and water features in a
landscape design plan subject to the Maximum Applied Water Allowance
calculation. The landscape area does not include footprints of buildings or
structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks,
other pervious or non -pervious hardscapes, and other non -irrigated areas
designated for non -development (e.g., open spaces and existing native
vegetation).
127
31. "landscape contractor" means a person licensed by the state of California to
construct, maintain, repair, install, or subcontract the development of landscape
systems.
32. "Landscape Documentation Package" means the documents required under
Section 17.30.070.F.
33. "landscape project" means total area of landscape in a project as defined in
"landscape area" for the purposes of the Water Efficient Landscape Requirements,
meeting requirements under Section 17.30.070.A.
34. "lateral line" means the water delivery pipeline that supplies water to the emitters or
sprinklers from the valve.
35. "local water purveyor" means any entity, including a public agency, city, county, or
private water company that provides retail water service.
36. "low volume irrigation" means the application of irrigation water at low pressure
through a system of tubing or lateral lines and low-volume emitters such as drip,
drip lines, and bubblers. Low volume irrigation systems are specifically designed to
apply small volumes of water slowly at or near the root zone of plants.
37. "main line" means the pressurized pipeline that delivers water from the water
source to the valve or outlet.
38. "Maximum Applied Water Allowance" (MAWA) means the upper limit of annual
applied water for the established landscaped area as specified in Section
17.30.070.G. It is based upon the area's reference evapotranspiration, the ET
Adjustment Factor, and the size of the landscape area. The Estimated Total Water
Use shall not exceed the Maximum Applied Water Allowance. Special Landscape
Areas, including recreation areas, areas permanently and solely dedicated to
edible plants such as orchards and vegetable gardens, and areas irrigated with
recycled water are subject to the MAWA with an ETAF not to exceed 1.0.
39. "microclimate" means the climate of a small, specific area that may contrast with
the climate of the overall landscape area due to factors such as wind, sun
exposure, plant density, or proximity to reflective surfaces.
40. "mined -land reclamation projects" means any surface mining operation with a
reclamation plan approved in accordance with the Surface Mining and Reclamation
Act of 1975.
41. "mulch" means any organic material such as leaves, bark, straw, compost, or
inorganic mineral materials such as rocks, gravel, and decomposed granite left
loose and applied to the soil surface for the beneficial purposes of reducing
evaporation, suppressing weeds, moderating soil temperature, and preventing soil
erosion.
42. "new construction" means, for the purposes of this ordinance, a new building with a
landscape or other new landscape, such as a park, playground, or greenbelt
without an associated building.
43. "operating pressure' means the pressure at which the parts of an irrigation system
are designed by the manufacturer to operate.
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44. 'overhead sprinkler irrigation systems" means systems that deliver water through
the air (e.g., spray heads and rotors).
45. "overspray" means the irrigation water which is delivered beyond the target area.
46. "permit' means an authorizing document issued by local agencies for new
construction or rehabilitated landscapes.
47. "pervious" means any surface or material that allows the passage of water through
the material and into the underlying soil.
48. "plant factor" or "plant water use factor" is a factor , when multiplied by ETo,
estimates the amount of water needed by plants. For purposes of this ordinance,
the plant factor range for low water use plants is 0 to 0.3, the plant factor range for
moderate water use plants is 0.4 to 0.6, and the plant factor range for high water
use plants is 0.7 to 1.0. Plant factors cited in this ordinance are derived from the
Department of Water Resources 2000 publication "Water Use Classification of
Landscape Species".
49. "precipitation rate" means the rate of application of water measured in inches per
hour.
50. "project applicant' means the individual or entity submitting a Landscape
Documentation Package required under Section 17.30.070.F, to request a permit,
plan check, or design review from the City of Lodi. A project applicant may be the
property owner or his or her designee.
51. 'rain sensor" or 'rain sensing shutoff device" means a component which
automatically suspends an irrigation event when it rains.
52. 'record drawing" or "as-builts" means a set of reproducible drawings which show
significant changes in the work made during construction and which are usually
based on drawings marked up in the field and other data furnished by the
contractor.
53. 'recreational area" means areas dedicated to active play such as parks, sports
fields, and golf courses where turf provides a playing surface.
54. 'recycled water", 'reclaimed water", or "treated sewage effluent water" means
treated or recycled waste water of a quality suitable for non -potable uses such as
landscape irrigation and water features. This water is not intended for human
consumption.
55. 'reference evapotranspiration" or "ETo" means a standard measurement of
environmental parameters which affect the water use of plants. ETo is expressed in
inches per day, month, or year, and is an estimate of the evapotranspiration of a
large field of four- to seven-inch tall, cool -season grass that is well watered.
Reference evapotranspiration is used as the basis of determining the Maximum
Applied Water Allowance so that regional differences in climate can be
accommodated.
56. 'rehabilitated landscape" means any re -landscaping project that requires a permit,
plan check, or design review, meets the requirements of Section 17.30.070.A, and
the modified landscape area is equal to or greater than 2,500 square feet, is 50%
of the total landscape area, and the modifications are completed within one year.
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57. 'runoff' means water which is not absorbed by the soil or landscape to which it is
applied and flows from the landscape area. For example, runoff may result from
water that is applied at too great a rate (application rate exceeds infiltration rate) or
when there is a slope.
58. "soil moisture sensing device" or "soil moisture sensor" means a device that
measures the amount of water in the soil. The device may also suspend or initiate
an irrigation event.
59. "soil texture" means the classification of soil based on its percentage of sand, silt,
and clay.
60. "Special Landscape Area" (SLA) means an area of the landscape dedicated solely
to edible plants, areas irrigated with recycled water, water features using recycled
water and areas dedicated to active play such as parks, sports fields, golf courses,
and where turf provides a playing surface.
61. "sprinkler head" means a device which delivers water through a nozzle.
62. "static water pressure" means the pipeline or municipal water supply pressure
when water is not flowing.
63. "station" means an area served by one valve or by a set of valves that operate
simultaneously.
64. "swing joint' means an irrigation component that provides a flexible, leak -free
connection between the emission device and lateral pipeline to allow movement in
any direction and to prevent equipment damage.
65. "turf' means a ground cover surface of mowed grass. Annual bluegrass, Kentucky
bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool -season
grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass,
Zoysiagrass, and Buffalo grass are warm -season grasses.
66. "valve" means a device used to control the flow of water in the irrigation system.
67. "water conserving plant species" means a plant species identified as having a low
plant factor.
68. "water feature" means a design element where open water performs an aesthetic
or recreational function. Water features include ponds, lakes, waterfalls, fountains,
artificial streams, spas, and swimming pools (where water is artificially supplied).
The surface area of water features is included in the high water use hydrozone of
the landscape area. Constructed wetlands used for on-site wastewater treatment or
stormwater best management practices that are not irrigated and used solely for
water treatment or stormwater retention are not water features and, therefore, are
not subject to the water budget calculation.
69. "watering window" means the time of day irrigation is allowed.
70. "WUCOLS" means the Water Use Classification of Landscape Species published
by the University of California Cooperative Extension, the Department of Water
Resources and the Bureau of Reclamation, 2000.
C. Provisions for New Construction or Rehabilitated Landscapes.
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The City of Lodi may designate another agency, such as a water purveyor, to implement
some or all of the requirements contained in the Water Efficient Landscape
Requirements. The City may collaborate with water purveyors to define each entity's
specific responsibilities relating to this ordinance.
D. Compliance with Landscape Documentation Package.
1. Prior to construction, the City shall:
a. Provide the project applicant with the ordinance and procedures for permits,
plan checks, or design reviews;
b. Review the Landscape Documentation Package submitted by the project
applicant;
c. Approve or deny the Landscape Documentation Package;
d. Issue a permit or approve the plan check or design review for the project
applicant; and
e. Upon approval of the Landscape Documentation Package, submit a copy of the
Water Efficient Landscape Worksheet to the local water purveyor.
2. Prior to construction, the project applicant shall:
a. Submit a Landscape Documentation Package to the City.
3. Upon approval of the Landscape Documentation Package by the City, the project
applicant shall:
a. Receive a permit or approval of the plan check or design review and record the
date of the permit in the Certificate of Completion;
b. Submit a copy of the approved Landscape Documentation Package along with
the record drawings, and any other information to the property owner or his/her
designee; and
c. Submit a copy of the Water Efficient Landscape Worksheet to the local water
purveyor.
E. Penalties. The City may identify penalties to the project for non-compliance with the
Water Efficient Landscape Requirements.
F. Elements of the Landscape Documentation Package. The Landscape
Documentation Package shall include the following six elements:
1. Project information;
a. Date
b. Project applicant
c. Project address (if available, parcel and/or lot number(s))
d. Total landscape area (square feet)
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e. Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner -
installed)
f. Water supply type (e.g., potable, recycled, well) and identify the local retail
water purveyor if the applicant is not served by a private well
g. Checklist of all documents in Landscape Documentation Package
h. Project contacts to include contact information for the project applicant and
property owner
i. Applicant signature and date with statement, "I agree to comply with the
requirements of the Water Efficient Landscape Requirements and submit a
complete Landscape Documentation Package".
2. Water Efficient Landscape Worksheet;
a. Hydrozone information table
b. Water budget calculations
(1) Maximum Applied Water Allowance (MAWA)
(2) Estimated Total Water Use (ETWU)
3. Soil management report;
4. Landscape design plan,
5. Irrigation design plan; and
6. Grading design plan.
G. Water Efficient Landscape Worksheet.
1. A project applicant shall complete the Water Efficient Landscape Worksheet which
contains two sections:
a. A hydrozone information table (see Appendix B, Section A) for the landscape
project; and
b. A water budget calculation (see Appendix B, Section B) for the landscape
project. For the calculation of the Maximum Applied Water Allowance and
Estimated Total Water Use, a project applicant shall use the ETo values from
the Reference Evapotranspiration Table in Appendix A. For geographic areas
not covered in Appendix A, use data from other cities located nearby in the
same reference evapotranspiration zone, as found in the CIMIS Reference
Evapotranspiration Zones Map, Department of Water Resources, 1999,
2. Water budget calculations shall adhere to the following requirements:
a. The plant factor used shall be from WUCOLS. The plant factor ranges from 0 to
0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and
from 0.7 to 1.0 for high water use plants.
b. All water features shall be included in the high water use hydrozone and
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temporarily irrigated areas shall be included in the low water use hydrozone.
c. All Special Landscape Areas shall be identified and their water use calculated
as described below.
d. ETAF for Special Landscape Areas shall not exceed 1.0.
3. Maximum Applied Water Allowance
The Maximum Applied Water Allowance shall be calculated using the equation:
MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)]
4. Estimated Total Water Use.
The Estimated Total Water Use shall be calculated using the equation below. The
sum of the Estimated Total Water Use calculated for all hydrozones shall not
exceed MAWA.
PI'.a PIA
L'TGVU = (L+'"I'o)(0.62) k SLA
Ili
Where:
ETWU = Estimated Total Water Use per year (gallons)
ETo = Reference Evapotranspiration (inches)
PF = Plant Factor from WUCOLS (see Section 491)
HA = Hydrozone Area [high, medium, and low water use areas] (square feet)
SLA = Special Landscape Area (square feet)
0.62 = Conversion Factor
IE = Irrigation Efficiency (minimum 0.71)
H. Soil Management Report. In order to reduce runoff and encourage healthy plant
growth, a soil management report shall be completed by the project applicant, or his/her
designee, as follows:
1. Submit soil samples to a laboratory for analysis and recommendations.
a. Soil sampling shall be conducted in accordance with laboratory protocol,
including protocols regarding adequate sampling depth for the intended plants.
b. The soil analysis may include:
(1) Soil texture;
(2) Infiltration rate determined by laboratory test or soil texture infiltration rate
table;
(3) pH;
(4) Total soluble salts;
(5) Sodium;
(6) Percent organic matter; and
(7) Recommendations.
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2. The project applicant, or his/her designee, shall comply with one of the following:
a. If significant mass grading is not planned, the soil analysis report shall be
submitted to the City as part of the Landscape Documentation Package; or
b. If significant mass grading is planned, the soil analysis report shall be
submitted to the City as part of the Certificate of Completion.
3. The soil analysis report shall be made available, in a timely manner, to the
professionals preparing the landscape design plans and irrigation design plans to
make any necessary adjustments to the design plans.
4. The project applicant, or his/her designee, shall submit documentation verifying
implementation of soil analysis report recommendations to the City with Certificate
of Completion.
I. Landscape Design Plan.
1. For the efficient use of water, a landscape shall be carefully designed and planned
for the intended function of the project. A landscape design plan meeting the
following design criteria shall be submitted as part of the Landscape
Documentation Package.
a. Plant Material
(1) Any plant may be selected for the landscape, providing the Estimated
Total Water Use in the landscape area does not exceed the Maximum
Applied Water Allowance. To encourage the efficient use of water, the
following is highly recommended:
(a) Protection and preservation of native species and natural
vegetation;
(b) Selection of water -conserving plant and turf species;
(c) Selection of plants based on disease and pest resistance;
(d) Selection of trees based on applicable City tree ordinances or tree
shading guidelines; and
(e) Selection of plants from City and regional landscape program plant
lists.
(2) Each hydrozone shall have plant materials with similar water use, with
the exception of hydrozones with plants of mixed water use, as specified
in Section 17.30.070.J.1.b.(4).
(3) Plants shall be selected and planted appropriately based upon their
adaptability to the climatic, geologic, and topographical conditions of the
project site. To encourage the efficient use of water, the following is
highly recommended:
(a) Use the Sunset Western Climate Zone System which takes into
account temperature, humidity, elevation, terrain, latitude, and
varying degrees of continental and marine influence on local
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climate;
(b) Recognize the horticultural attributes of plants (i.e., mature plant
size, invasive surface roots) to minimize damage to property or
infrastructure [e.g., buildings, sidewalks, power lines]; and
(c) consider the solar orientation for plant placement to maximize
summer shade and winter solar gain.
(4) Turf is not allowed on slopes greater than 25% where the toe of the slope
is adjacent to an impermeable hardscape and where 25% means 1 foot
of vertical elevation change for every 4 feet of horizontal length (rise
divided by run x 100 = slope percent).
(5) A landscape design plan for projects in fire -prone areas shall address fire
safety and prevention. A defensible space or zone around a building or
structure is required per Public Resources Code Section 4291(a) and (b).
Avoid fire -prone plant materials and highly flammable mulches.
(6) The use of invasive and/or noxious plant species is strongly discouraged.
(7) The architectural guidelines of a common interest development, which
include community apartment projects, condominiums, planned
developments, and stock cooperatives, shall not prohibit or include
conditions that have the effect of prohibiting the use of low-water use
plants as a group.
b. Water Features
(1) Recirculating water systems shall be used for water features.
(2) Where available, recycled water shall be used as a source for decorative
water features.
(3) Surface area of a water feature shall be included in the high water use
hydrozone area of the water budget calculation.
(4) Pool and spa covers are highly recommended.
c. Mulch and Amendments
(1) A minimum two inch (2") layer of mulch shall be applied on all exposed
soil surfaces of planting areas except in turf areas, creeping or rooting
groundcovers, or direct seeding applications where mulch is
contraindicated.
(2) Stabilizing mulching products shall be used on slopes.
(3) The mulching portion of the seed/mulch slurry in hydro -seeded
applications shall meet the mulching requirement.
(4) Soil amendments shall be incorporated according to recommendations of
the soil report and what is appropriate for the plants selected (see
Section 17.30.070.H).
2. The landscape design plan, at a minimum, shall:
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a. Delineate and label each hydrozone by number, letter, or other method;
b. Identify each hydrozone as low, moderate, high water, or mixed water use.
Temporarily irrigated areas of the landscape shall be included in the low water
use hydrozone for the water budget calculation;
c. Identify recreational areas;
d. Identify areas permanently and solely dedicated to edible plants;
e. Identify areas irrigated with recycled water;
f. Identify type of mulch and application depth;
g. Identify soil amendments, type, and quantity;
h. Identify type and surface area of water features;
Identify hardscapes (pervious and non -pervious);
j. Identify location and installation details of any applicable stormwater best
management practices that encourage on-site retention and infiltration of
stormwater. Stormwater best management practices are encouraged in the
landscape design plan and examples include, but are not limited to:
(1) Infiltration beds, swales, and basins that allow water to collect and soak
into the ground;
(2) Constructed wetlands and retention ponds that retain water, handle
excess flow, and filter pollutants; and
(3) Pervious or porous surfaces (e.g., permeable pavers or blocks, pervious
or porous concrete, etc.) that minimize runoff.
k. Identify any applicable rain harvesting or catchment technologies (e.g., rain
gardens, cisterns, etc.);
I. Contain the following statement: "I have complied with the criteria of the Water
Efficient Landscape Requirements and applied them for the efficient use of
water in the landscape design plan"; and
m. Bear the signature of a licensed landscape architect, licensed landscape
contractor, or any other person authorized to design a landscape.
J. Irrigation Design Plan.
1. For the efficient use of water, an irrigation system shall meet all the requirements
listed in this section and the manufacturers' recommendations. The irrigation
system and its related components shall be planned and designed to allow for
proper installation, management, and maintenance. An irrigation design plan
meeting the following design criteria shall be submitted as part of the Landscape
Documentation Package.
a. System
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(1) Dedicated landscape water meters are highly recommended on
landscape areas smaller than 5,000 square feet to facilitate water
management.
(2) Automatic irrigation controllers utilizing either evapotranspiration or soil
moisture sensor data shall be required for irrigation scheduling in all
irrigation systems.
(3) The irrigation system shall be designed to ensure that the dynamic
pressure at each emission device is within the manufacturer's
recommended pressure range for optimal performance.
(a) If the static pressure is above or below the required dynamic
pressure of the irrigation system, pressure -regulating devices such
as inline pressure regulators, booster pumps, or other devices shall
be installed to meet the required dynamic pressure of the irrigation
system.
(b) Static water pressure, dynamic or operating pressure. and flow
reading of the water supply shall be measured at the point of
connection. These pressure and flow measurements shall be
conducted at the design stage. If the measurements are not
available at the design stage, the measurements shall be
conducted at installation.
(4) Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend
or alter irrigation operation during unfavorable weather conditions shall
be required on all irrigation systems, as appropriate for local climatic
conditions. Irrigation should be avoided during windy or freezing weather
or during rain.
(5) Manual shut-off valves (such as a gate valve, ball valve, or butterfly
valve) shall be required, as close as possible to the point of connection of
the water supply, to minimize water loss in case of an emergency (such
as a main line break) or routine repair.
(6) Backflow prevention devices shall be required to protect the water supply
from contamination by the irrigation system. A project applicant shall refer
to the applicable City code (i.e., public health) for additional backflow
prevention requirements.
(7) High flow sensors that detect and report high flow conditions created by
system damage or malfunction are recommended.
(8) The irrigation system shall be designed to prevent runoff, low head
drainage, overspray, or other similar conditions where irrigation water
flows onto non -targeted areas, such as adjacent property, non -irrigated
areas, hardscapes, roadways, or structures.
(9) Relevant information from the soil management plan, such as soil type
and infiltration rate, shall be utilized when designing irrigation systems.
(10) The design of the irrigation system shall conform to the hydrozones of the
landscape design plan.
(11) The irrigation system must be designed and installed to meet, at a
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minimum, the irrigation efficiency criteria as described in Section
17.30.070.G regarding the Maximum Applied Water Allowance.
(12) It is highly recommended that the project applicant or City inquire with the
local water purveyor about peak water operating demands (on the water
supply system) or water restrictions that may impact the effectiveness of
the irrigation system.
(13) In mulched planting areas, the use of low volume irrigation is required to
maximize water infiltration into the root zone.
(14) Sprinkler heads and other emission devices shall have matched
precipitation rates, unless otherwise directed by the manufacturer's
recommendations.
(15) Head to head coverage is recommended. However, sprinkler spacing
shall be designed to achieve the highest possible distribution uniformity
using the manufacturer's recommendations.
(16) Swing joints or other riser -protection components are required on all
risers subject to damage that are adjacent to high traffic areas.
(17) Check valves or anti -drain valves are required for all irrigation systems.
(18) Narrow or irregularly shaped areas, including turf, less than eight (8) feet
in width in any direction shall be irrigated with subsurface irrigation or low
volume irrigation system.
(19) Overhead irrigation shall not be permitted within 24 inches of any non -
permeable surface. Allowable irrigation within the setback from non -
permeable surfaces may include drip, drip line, or other low flow non -
spray technology. The setback area may be planted or unplanted. The
surfacing of the setback may be mulch, gravel, or other porous material.
These restrictions may be modified if:
(a) The landscape area is adjacent to permeable surfacing and no
runoff occurs; or
(b) The adjacent non -permeable surfaces are designed and
constructed to drain entirely to landscaping, or
(c) The irrigation designer specifies an alternative design or
technology, as part of the Landscape Documentation Package and
clearly demonstrates strict adherence to irrigation system design
criteria in Section 17.30.070.J.1.a.(8). Prevention of overspray and
runoff must be confirmed during the irrigation audit.
(20) Slopes greater than 25% shall not be irrigated with an irrigation system
with a precipitation rate exceeding 0.75 inches per hour. This restriction
may be modified if the landscape designer specifies an alternative design
or technology, as part of the Landscape Documentation Package, and
clearly demonstrates no runoff or erosion will occur. Prevention of runoff
and erosion must be confirmed during the irrigation audit.
b. Hydrozone
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(1) Each valve shall irrigate a hydrozone with similar site, slope, sun
exposure, soil conditions, and plant materials with similar water use.
(2) Sprinkler heads and other emission devices shall be selected based on
what is appropriate for the plant type within that hydrozone.
(3) Where feasible, trees shall be placed on separate valves from shrubs,
groundcovers, and turf.
(4) Individual hydrozones that mix plants of moderate and low water use, or
moderate and high water use, may be allowed if:
(a) Plant factor calculation is based on the proportions of the
respective plant water uses and their plant factor; or
(b) The plant factor of the higher water using plant is used for
calculations.
(5) Individual hydrozones that mix high and low water use plants shall not be
permitted.
(6) On the landscape design plan and irrigation design plan, hydrozone
areas shall be designated by number, letter, or other designation. On the
irrigation design plan, designate the areas irrigated by each valve, and
assign a number to each valve. Use this valve number in the Hydrozone
Information Table (see Appendix B Section A). This table can also assist
with the irrigation audit and programming the controller.
2. The irrigation design plan, at a minimum, shall contain:
a. Location and size of separate water meters for landscape;
b. Location, type and size of all components of the irrigation system, including
controllers, main and lateral lines, valves, sprinkler heads, moisture sensing
devices, rain switches, quick couplers, pressure regulators, and backflow
prevention devices;
c. Static water pressure at the point of connection to the public water supply;
d. Flow rate (gallons per minute), application rate (inches per hour), and design
operating pressure (pressure per square inch) for each station;
e. Recycled water irrigation systems as specified in Section 17.30.070.0;
f. The following statement: "I have complied with the criteria of the ordinance and
applied them accordingly for the efficient use of water in the irrigation design
plan"; and
g. The signature of a licensed landscape architect, certified irrigation designer,
licensed landscape contractor, or any other person authorized to design an
irrigation system.
K. Grading Design Plan.
For the efficient use of water, grading of a project site shall be designed to minimize soil
erosion, runoff, and water waste. A grading plan shall be submitted as part of the
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Landscape Documentation Package. A comprehensive grading plan prepared by a civil
engineer for other City permits satisfies this requirement.
1. The project applicant shall submit a landscape grading plan that indicates finished
configurations and elevations of the landscape area including:
a. Height of graded slopes;
b. Drainage patterns;
c. Pad elevations;
d. Finish grade; and
e. Stormwater retention improvements, if applicable.
2. To prevent excessive erosion and runoff, it is highly recommended that project
applicants:
a. Grade so that all irrigation and normal rainfall remains within property lines and
does not drain on to non -permeable hardscapes;
b. Avoid disruption of natural drainage patterns and undisturbed soil; and
c. Avoid soil compaction in landscape areas.
3. The grading design plan shall contain the following statement: "I have complied
with the criteria of the Water Efficient Landscape Requirements and applied them
accordingly for the efficient use of water in the grading design plan" and shall bear
the signature of a licensed professional as authorized by law.
L. Certificate of Completion.
1. The Certificate of Completion shall include the following six (6) elements:
a. Project information sheet that contains:
(1) Date;
(2) Project name,
(3) Project applicant name, telephone, and mailing address;
(4) Project address and location; and
(5) Property owner name, telephone, and mailing address;
b. Certification by either the signer of the landscape design plan, the signer of the
irrigation design plan, or the licensed landscape contractor that the landscape
project has been installed per the approved Landscape Documentation
Package;
(1) Where there have been significant changes made in the field during
construction, these "as -built" or record drawings shall be included with
the certification;
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c. Irrigation scheduling parameters used to set the controller (see Section
17.30.070.M);
d. Landscape and irrigation maintenance schedule (see Section 17.30.070.N);
e. Irrigation audit report (see Section 17.30.070.0); and
f. Soil analysis report, if not submitted with Landscape Documentation Package,
and documentation verifying implementation of soil report recommendations
(see Section 17.30.070.%
2. The project applicant shall:
a. Submit the signed Certificate of Completion to the City for review;
b. Ensure that copies of the approved Certificate of Completion are submitted to
the local water purveyor and property owner or his or her designee.
3. The City shall:
a. Receive the signed Certificate of Completion from the project applicant;
b. Approve or deny the Certificate of Completion. If the Certificate of Completion
is denied, the City shall provide information to the project applicant regarding
reapplication, appeal, or other assistance.
M. Irrigation Scheduling.
For the efficient use of water, all irrigation schedules shall be developed, managed, and
evaluated to utilize the minimum amount of water required to maintain plant health.
Irrigation schedules shall meet the following criteria:
1. Irrigation scheduling shall be regulated by automatic irrigation controllers.
2. Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless
weather conditions prevent it. If allowable hours of irrigation differ from the local
water purveyor, the stricter of the two shall apply. Operation of the irrigation system
outside the normal watering window is allowed for auditing and system
maintenance.
3. For implementation of the irrigation schedule, particular attention must be paid to
irrigation run times, emission device, flow rate, and current reference
evapotranspiration, so that applied water meets the Estimated Total Water Use.
Total annual applied water shall be less than or equal to Maximum Applied Water
Allowance (MAWA). Actual irrigation schedules shall be regulated by automatic
irrigation controllers using current reference evapotranspiration data (e.g., CIMIS)
or soil moisture sensor data.
4. Parameters used to set the automatic controller shall be developed and submitted
for each of the following:
a. The plant establishment period;
b. The established landscape; and
c. Temporarily irrigated areas.
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5. Each irrigation schedule shall consider for each station all of the following that
apply:
a. Irrigation interval (days between irrigation),
b. Irrigation run times (hours or minutes per irrigation event to avoid runoff);
c. Number of cycle starts required for each irrigation event to avoid runoff;
d. Amount of applied water scheduled to be applied on a monthly basis;
e. Application rate setting;
f. Root depth setting;
g. plant type setting;
h. soil type,
I. slope factor setting;
j. shade factor setting; and
k. irrigation uniformity or efficiency setting.
N. Landscape and Irrigation Maintenance Schedule.
1. Landscapes shall be maintained to ensure water use efficiency. A regular
maintenance schedule shall be submitted with the Certificate of Completion.
2. A regular maintenance schedule shall include, but not be limited to, routine
inspection; adjustment and repair of the irrigation system and its components;
aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning;
weeding in all landscape areas, and removing and obstruction to emission devices.
Operation of the irrigation system outside the normal watering window is allowed
for auditing and system maintenance.
3. Repair of all irrigation equipment shall be done with the originally installed
components or their equivalents.
4. A project applicant is encouraged to implement sustainable or environmentally -
friendly practices for overall landscape maintenance.
O. Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis.
1. All landscape irrigation audits shall be conducted by a certified landscape irrigation
auditor.
2. For new construction and rehabilitated landscape projects, as described in Section
17.30.070.A:
a. The project applicant shall submit an irrigation audit report with the Certificate
of Completion to the City that may include, but is not limited to: inspection,
system tune-up, system test with distribution uniformity, reporting overspray or
run off that causes overland flow, and preparation of an irrigation schedule;
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b. The City shall administer programs that may include, but not be limited to,
irrigation water use analysis, irrigation audits, and irrigation surveys for
compliance with the Maximum Applied Water Allowance.
Irrigation Efficiency.
For the purpose of determining Maximum Applied Water Allowance, average irrigation
efficiency is assumed to be 0.71. Irrigation systems shall be designed, maintained, and
managed to meet or exceed an average landscape irrigation efficiency of 0.71.
Q. Recycled Water.
1. The installation of recycled water irrigation systems shall allow for the current and
future use of recycled water, unless a written exemption has been granted as
described in Section 17.30.070.Q.
2. Irrigation systems and decorative water features shall use recycled water unless a
written exemption has been granted by the local water purveyor stating that
recycled water meeting all public health codes and standards is not available and
will not be available for the foreseeable future.
3. All recycled water irrigation systems shall be designed and operated in accordance
with all applicable City and State laws.
4. Landscapes using recycled water are considered Special Landscape Areas. The
ET Adjustment Factor for Special Landscape Areas shall not exceed 1.0.
R. Stormwater Management.
Stormwater management practices minimize runoff and increase infiltration which
recharges groundwater and improves water quality. Implementing stormwater best
management practices into the landscape and grading design plans to minimize
runoff and to increase on-site retention and infiltration are encouraged.
Project applicants shall refer to the City or Regional Water Quality Control Board
for information on any applicable stormwater ordinances and stormwater
management plans.
Rain gardens, cisterns, and other landscapes features and practices that increase
rainwater capture and create opportunities for infiltration and/or onsite storage are
recommended.
S. Public Education.
Publications. Education is a critical component to promote the efficient use of water
in landscapes. The use of appropriate principles of design, installation,
management and maintenance that save water is encouraged in the community.
a. The City shall provide information to owners of new, single-family residential
homes regarding the design, installation, management, and maintenance of
water efficient landscapes.
2. Model Homes. All model homes that are landscaped shall use signs and written
information to demonstrate the principles of water efficient landscapes described in
this ordinance.
143
T
V
LTZ
Signs shall be used to identify the model as an example of a water efficient
landscape featuring elements such as hydrozones, irrigation equipment, and
others that contribute to the overall water efficient theme.
b. Information shall be provided about designing, installing, managing, and
maintaining water efficient landscapes.
Provisions for Existing Landscapes.
The City may designate another agency, such as a water purveyor, to implement some
or all of the requirements contained in this ordinance. Local agencies may collaborate
with water purveyors to define each entity's specific responsibilities relating to this
ordinance.
Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis.
This section shall apply to all existing landscapes that were installed before January
1. 2010 and are over one acre in size.
a. For all landscapes that have a water meter, the City shall administer programs
that may include, but not be limited to, irrigation water use analyses, irrigation
surveys, and irrigation audits to evaluate water use and provide
recommendations as necessary to reduce landscape water use to a level that
does not exceed the Maximum Applied Water Allowance for existing
landscapes. The Maximum Applied Water Allowance for existing landscapes
shall be calculated as: MAWA = (0,8) (ETo)(LA)(0.62).
For all landscapes that do not have a meter, the City shall administer programs
that may include, but not be limited to, irrigation surveys and irrigation audits to
evaluate water use and provide recommendations as necessary in order to
prevent water waste.
2. All landscape irrigation audits shall be conducted by a certified landscape irrigation
auditor.
Water Waste Prevention.
The City shall prevent water waste resulting from inefficient landscape irrigation by
prohibiting runoff from leaving the target landscape due to low head drainage,
overspray, or other similar conditions where water flows onto adjacent property,
non -irrigated areas, walks, roadways, parking lots, or structures. Penalties for
violation of these prohibitions shall be established locally.
2. Restrictions regarding overspray and runoff may be modified if:
a. The landscape area is adjacent to permeable surfacing and no runoff occurs;
or
b. The adjacent non -permeable surfaces are designed and constructed to drain
entirely to landscaping.
Effective Precipitation.
The City considers Effective Precipitation (25% of annual precipitation) in tracking water
use and uses the following equation to calculate Maximum Applied Water Allowance:
144
MAWA= (ETo - Eppt) (0.62) [(0.7 x LA) + (0.3 x SLA)].
CHAPTER 17.32 - PARKING AND LOADING
Sections:
17.32.010 - Purpose of Chapter
17.32.020 - Applicability
17.32.030 - General Parking Regulations
17.32.040 - Number of Parking Spaces Required
17.32.050 - Adjustments to Parking Requirements
17.32.060 - Disabled/Handicapped Parking Requirements
17.32.070 - Parking Design Standards
17.32.080 - Driveways and Site Access
17.32.090 - Bicycle Parking
17.32.100 - Loading Space Requirements
17,32.110 - Parking and Circulation Design Guidelines
17.32.010 - Purpose of ChapterError! Bookmark not defined.
This Chapter establishes regulations to ensure that sufficient off-street parking facilities are
provided for all uses and that parking facilities are properly designed, attractive, and meet the
needs of specific uses.
17.32.020 - Applicability
Every use and structure, including a change or expansion of a use or structure shall provide
parking and loading areas in compliance with the provisions of this Chapter. A use shall not
be commenced and structures shall not be occupied until improvements required by this
Chapter are satisfactorily completed.
17.32.030 - General Parking RegulationsError! Bookmark not defined.
A. Parking and loading spaces to be permanent. Parking and loading spaces shall be
permanently available, marked and maintained for parking or loading purposes for the
use they are intended to serve. The Director may approve the temporary reduction of
parking or loading spaces in conjunction with a seasonal or intermittent use.
B. Parking and loading to be unrestricted. Owners, lessees, tenants, or persons having
control of the operation of a premises for which parking or loading spaces are required
shall not prevent or restrict authorized persons from using these spaces.
C. Parking area use. Required off-street parking areas shall be used exclusively for the
temporary parking of vehicles and shall not be used for the sale, lease, display, repair,
or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or
equipment, or for any other use not authorized by the provisions of this Zoning
Ordinance.
D. Commercial vehicle parking in residential districts. Vehicles that are strictly
commercial in nature, such as tow trucks, ambulances, mini -buses, large delivery
and/or service trucks, or similar vehicles with a gross load capacity greater than one
and one-half tons shall not be allowed to park on private property in residential zones
unless the vehicle is placed out of public view and located behind the designated front
setback line, or for the immediate loading or unloading of goods or people.
145
Recreational vehicle (RV) parking. No recreational vehicle shall be parked for
overnight occupancy except within an approved recreational vehicle park, or where
authorized with Temporary Use Permit approval as a temporary dwelling during
construction on the same site.
17.32.040 - Number of Parking Spaces Required
Each use shall provide at least the minimum number of parking spaces required by this
Chapter.
A. Parking requirements by land use. Each land use shall be provided the number of
parking spaces required by Table 3-1, except where a greater number of spaces are
required or an exception has been granted through land use permit approval. In any
case where Table 3-1 establishes a parking requirement based on the floor area of a
use (e.g. 1 space per 1,000 sf), the floor area shall be construed to mean gross floor
area.
B. Expansion of structure, change in use. When an existing nonresidential structure is
enlarged or when a change in use requires more parking than is presently provided,
additional parking spaces shall be required only for the addition, enlargement, change
or expansion of use, and not for the entire structure, as determined by the Director.
C. Multi -tenant sites. A site with multiple tenants shall provide the aggregate number of
parking spaces required for each separate use, except where:
The site was developed comprehensively as a shopping center, the parking ratio
shall be the required number of spaces for the shopping center. In this case, the
parking requirement will be based on the center as a whole regardless of individual
uses as provided in Table 3-1; or
2. The site qualifies for shared parking in compliance with Section 17.30.050
(Adjustments to Parking Requirements).
Uses not listed. Land uses not specifically listed in Table 3-1, shall provide parking as
required by the Director. The Director shall use the requirements of Table 3-1 as a
guide in determining the minimum number of parking spaces to be provided.
E. Excessive parking. The parking standards established in this Chapter are both
minimum and maximum standards. Parking spaces in excess of these standards may
only be approved in conjunction with SPARC review, a Use Permit, or Planned
Development Permit for the project, and when additional landscaping and pedestrian
improvements are also provided.
Bench or bleacher seating. Where fixed seating is provided (e.g,, benches or
bleachers), a seat shall be construed to be 22 inches of bench space for the purpose of
calculating the number of required parking spaces.
G. Calculation: Any fraction shall be rounded up to nearest whole number.
H. A single use with accessory components may be required to provide parking for each
component, at the Director's discretion. For example, a hotel with a gift shop shall
provide space for both program elements.
146
TABLE 3-1
Parking Requirements By Land Use
Land Use Type: Number of Parking Spaces Required
Manufacturing, Processing, and Warehousing
General manufacturing, industrial, and processing 1 space for each 1,000 sf
uses
Recycling facilities
1 space for each 1,000 sf
Research and development, laboratories
1 space for each 300 sf of gross floor area
1 space per 1,000 sf for the first 20,000 sf of gross
floor area, plus one space per 2,000 at of the
second 20,000 sf of gross floor area, plus 1 space
Warehouses, distribution centers, and storage
per 4,000 sf of the remainng gross floor area. The
facilities (not including mini -storage for personal
gross floor area may include incidental office space
use)
comprising less than 5% of the total gross floor
area. The parking requirements for additional office
space shall be calculated separately as provided by
this table for "Offices."
Land Use Type:
Recreation, Education, and Public Assembly
Number of Parking Spaces Required
Child day-care centers
1 space per 6 children.
Commercial recreation activities as follows, or
otherwise required by Use Permit:
Golf courses (regulation)
5 spaces for each hole
Golf courses (pitch & putt)
4 spaces for each hole
Miniature golf
3 spaces for each hole
Tennis/racquetball/handball or other courts
3 spaces for each court, plus 1 space for each 300
sf of floor area for ancillary uses
Indoor recreation/fitness centers
I
Arcades
1 space for each 250 sf of gross floor area
Bowling alleys
4 spaces for each lane, plus required spaces for
ancillary uses.
Health/fitness clubs
1 space for each 250 sf
Pool and billiard rooms
Two spaces for each table, plus required space for
ancillary uses.
Skating rinks
1 space for each 100 sf of skating area.
2 spaces per each athletic court, 1 space per each
Outdoor recreation facilities
150 sf of gross water surface area; 1 space per
_
each 500 square feel of active sports field area.
Libraries, museums, art galleries
1 space for each 400 sf of gross floor area
Public assem (e g ,places of worship,_
..._._._..
1 space.— for each_4 fixed seats or 1 space for everr y
cinemas, performance theaters, meeting halls, and
50 sf of gross assembly area, classrooms, meeting
membership organizations).
rooms, etc.
147
TABLE
3-1
Parking Requirements
By Land Use
Land Use Type:
Recreation, Education, and Public Assembly
Number of Parking Spaces Required
,.(Continued)
Schools (private)
1.5 spaces for each classroom, plus 1 space for '..
Elementary/Middle/Junior High
every 200 sf of assembly area in an auditorium,
plus adequate bus loading facilities.
1.5 spaces for each classroom, plus 1 space for
High School
every 200 sf of assembly area in an auditorium,
plus adequate bus loading facilities.
Trade and business schools
10 spaces per classroom or as determined by the
Planning Commission.
Studios for dance and art
1 space for each 200 sf
Land Use Type:
Residential Uses
Number of Parking Spaces Required
Duplexes
Two covered spaces per unit.
Mixed-use developments
Calculated by each separate use on site.
_.--------.__._-----._._—__-------
—.....—_.-- ------------._._._._._---
Two covered spaces for each mobile home.
Tandem parking allowed in an attached carport
Mobile home parks
plus 1 guest parking space for each two units.n
Recreational vehicle parking shall be provided at
the rate of 1 space for every 5 units.
Multi -family dwelling, condominiums and other
1 covered space per one bedroom unit, 2 spaces
attached dwellings
— -------- --_._.....__
per two bedroom unit (1 must be covere% plus 1
uncovered guace for each 5 units.
est sp
_-.--------- ..---..._..--------
Senior congregate care facilities
0.5 space for each residential unit, plus 1 space for
i
each 4 units for guests and employees.
0.75 space for each unit with half the spaces
Senior housing projects
covered, plus 1 guest parking space for each 10
units. (1)
Single-family housing
2 spaces within a garage.
Land Use Type:
Retail Trade
Number of Parking Spaces Required
Appliances, building materials, furniture, and
1 space for each 500 sf of indoor display area.
hardware stores
1 space for each 350 sf of gross floor area, plus 1
Automobile, mobile home, vehicle, machinery and
space for each 3,000 sf of outdoor display, service
parts sales
area, plus 1 space for each 300 sf of gross floor
area for a parts department.
Convenience stores
1 space for each 250 sf.
Grocery stores
1 space for each 250 sf.
Restaurants/bars/night clubs
1 space for each four seats.
Retail sales and services
1 space for each 500 sf of gross floor area.
Minimum parking provided shall be 1 space for
Shopping centers (shall use unsegregated parking
each 500 sf of gross floor area. Maximum parking
area)
provided shall be 1 space for each 200 at of gross
floor area.
148
TABLE
3-1
Parking Requirements
By Land Use
Land Use Type:
Services
Number of Parking Spaces Required
Banks and financial services
1 space for each 300 sf
Hotels and motels
1 space for each guest room.
Kennels and animal boarding
1 space for each 500 sf of gross floor area plus 1
space for each 1000 sf of boarding area.
Medical services
Clinic, medical/dental office
1 space for each 200 sf
Board and care home, group home, and in-
1 space for each 3 beds.
patient drug treatment facility
Convalescent hospital
1 space for each 3 patient beds per facility license.
i
Hospital
1 space per bed
Mortuary/Funeral Home -
_- 1 space for each 4 seats.
Offices, administrative, corporate
1 space for each 250 sf
----------._ -.. _.__-._. ..........
Personal services
-.._._._ ....... ..__.._---..
Barber/beauty shops (and other personal
1 space for each 200 at
services: tattoo studios, massage therapy)
Service stations (including multi -use stations) 3 spaces for each service bay.
Storage, personal storage facilities 1 space for each 20,000 sf of gross floor area, plus
2 spaces for manager office/residence.
Vehicle repair and maintenance
I
Repair garage 1 space for each 500 sf of gross floor area.
Self-service vehicle washing 2 spaces for each washing stall, for queuing and
drying.
Full-service vehicle washing 1 space for each 250 sf of gross floor area.
Veterinary clinic animal hospital 1 space for each 350 sf of gross floor area plus 1
space for each 1000 sf of boarding area.
.__...
(1) Guest parking spaces shall be clearly marked for guest parking only and shall be evenly
dispersed throughout the development site. Signs shall be provided at appropriate
locations to direct visitors to guest parking locations.
17.32.050 - Adjustments to Parking Requirements
Where two or more adjacent nonresidential uses have distinct and differing peak parking
usage periods, (e.g. a theater and a bank), a reduction in the required number of parking
spaces may be allowed through Use Permit approval. Approval shall also require a recorded
covenant running with the land, recorded by the owner of the parking lot, guaranteeing that
the required parking will be maintained exclusively for the use served for the duration of the
use.
Reduction of required parking. The Review Authority may reduce the number of parking
spaces required through the granting of a Use Permit in compliance with the following:
149
I . Quantitative information provided by the applicant that documents the need for fewer
spaces (e.g., sales receipts, documentation of customer frequency, information on
parking standards required for the proposed land use by other cities, etc.);
2. The use or project design creates an integrated whole wherein the parking reduction
will not adversely affect other businesses or uses on the same property or within the
boundaries of the project; or
3. The proposed parking requirement is consistent with other uses of similar intensity
established elsewhere in the parking regulations and does not represent a grant of
special privilege inconsistent with the intent of the parking regulations to provide
adequate and consistent levels of parking for similar uses throughout the City.
17.32.060 - Disabled/Handicapped Parking RequirementsError! Bookmark
not defined.
Parking areas shall include parking spaces accessible to the disabled in the following
manner:
A. Number of spaces and design standards. Parking spaces for the disabled shall be
provided in compliance with the California Building Code and the Federal Accessibility
Guidelines. Disabled accessible parking spaces shall count toward fulfilling the parking
requirements of this Chapter.
B. Residential multi -family uses. For each dwelling unit required to be designed to
accommodate the physically handicapped or required to be made adaptable for the
physically handicapped, the required parking shall be provided in compliance with the
California Building Code.
17.32.070 - Parking Design Standards
Parking areas shall be designed and constructed in compliance with the following standards.
A. Location of parking areas.
1. Required off-street parking shall be located on the same parcel as the uses served;
except with Use Permit approval, parking may be located on a parcel in the vicinity
of the parcel served subject to a recorded covenant running with the land, recorded
by the owner of the parking lot, guaranteeing that the required parking will be
maintained exclusively for the use or activity served for the duration of the use or
activity.
2. Required parking areas shall not be located in a required front or street side
setback.
3. Within the downtown, no new parking areas, or curb cuts to serve a parking area
shall be installed on School Street. Where possible, new parking areas and/or
structures should be located to the rear of buildings and accessed from side streets
or alleys.
150
B. Access to parking areas and parking
spaces.
1. Access to parking lots. Parking lots
shall be designed to prevent access at
any point other than at designated
access drives.
2. Parking space location. In order to
provide adequate queuing area, no
parking space shall be located within
the required landscape setbacks
measured from the property line, except
for single-family homes and duplexes.
See Figure 3-1.
Figure 3-1 Queuing Area
3. Internal maneuvering area. Parking areas shall provide suitable maneuvering
room so that vehicles enter the street in a forward direction, except for single-family
homes and duplexes.
4. Vertical clearance. A minimum unobstructed clearance height of 14 feet shall be
maintained above areas accessible to vehicles in non-residential parking facilities.
C. Access to adjacent sites. Applicants for nonresidential developments are
encouraged to provide shared vehicle and pedestrian access to adjacent nonresidential
properties for convenience, safety and efficient circulation. A joint access agreement
guaranteeing the continued availability of the shared access between the properties
and running with the land shall be recorded by the owners of the abutting properties, as
approved by the Director.
D. Parking space and lot dimensions.
1. Parking spaces within carports and garages. Parking spaces within carports
and garages shall have minimum clear dimensions of 20 feet in length by 10 feet in
width per space.
2. Standard parking spaces. Minimum parking space dimensions shall be as
described in Figure 3-2 and the notes that follow the figure.
151
5.0' MIN. ADJACENT fO
NEIL 20 --PROPERTY LINES COMMERCIAL
INDUSHRIAL OR RESIDENTIAL ZONES
6 CURB (IYP) -. 20MIN ADJACENT
SIFE NOIES 13&15 --r0 NOT ENTER SIGN 10 RISIDIIJAL ZONES
-
1 _ �p E iG' MA I TU
COMIAI I2CIAL CIAl. ZONES
o
1iAi
SEE NOIE 7 l C
a yA � � See
Note S
D
o
vz \i�-_F_- F
o r
Z y
Ji _ _. Do riot
enter sign
See I
do N
Minimum Parking Lot Standards
Parking
..D..
.r.
..r
Angle"
A..
..Q..
0..
Parallel
See
Parking
10
24
14
10
3
Note
3
9
12.7
15
20,5
1.8
17
45'
9.5
13.4
14
20,8
1.8
17
10
14.2
14
21.2
1.8
17
9
10.5
19
21.8
2.2
14
60'
9.5
17
18
22.1
2.2
14
10
11.6
18
22.3
2.2
74
9
9
2.5
20
2.5
14
90'
9.5
9.5
24
20
2.5
14
10
10
24
20
2.5
14
+ Dimensions for other parking angles must be
evaluated seporoteiy for approval.
rr For two-way traffic minimum is 24 feet.
Figure 3-2 Standard Parking Stall Dimensions (continued on next page)
152
7. A minimum number of perking spcces required is established by the City of Lodi Ordinance.
2. All pork ing slops shop be marked in on acceptable manner.
3. Lots designed for more thon four cars must hove two-way access.
4. Vzhere two parking angios con be used to a single lot, they shall be located in separate areas of the lot
(except as shown on layout.)
v.Any parking loyout necessitating a cul-de-soc or simi!or type of turning fadlity for reversing drectlan of '..
'revel In Older to exit from the area or any porking spaces will generally be dlscourdgcd, and It should
be approved by the City Stoll prior to the incorporation into the plan.
6. Residential parking for more than four cars regordless of zoning designotion shall not be. designed to
require backing out onto ony public stroel Rights -of -Way.
7. Twoonlytraffic aisles shell be, o minimum of 24 feet Wide.
8, In any nom -residential parking condition parlrinq or baconq area within o ,coiSnq lot shell not extend into
the public Rights -of -Way, regardless of zoning designotion.
9. When o long drlvowoy having only a single ingress is necessary within a development, provisions should
be mode for the moneuvering of emergency vehicles and the arrangement approved by City Stoft prior to
its incorporation into the loon.
10. All porking Lots shall hove an odequete structural section and shall be paved with a minimum of two
inches of onphoft concrete.
All unusable areas shall be londscaped where proclicol.
12. I_ondscoped irons within or adjacent to the porking area shell provide for a minimum of one shodo tree
:`or every four porking stools. Depending on type and size of shodo tree, requirements may be modified
by the City Site yon and Architectural Idovlew Committee.
13. Six-inch high concrete curbs sholl seporote oil paved and landscaped arson.
tk. Conereto curbing sholl on used as wheel stops whore possible. he ase of bumper blocks is
discouraged.
15. I_andscopcd dines shall be provided between asphalt areas and all building structures, p,cos and
properly lines. Plardscodinq may be used where, pedssuion access is d necessity Or, determined by the
C;ty Ste f Ion and Archlpcturel Revicw, Committee,
16. Londscop rig sholl conform to the City of Lodi Landscape Guidelines.
17. End ooNs should be protected from the Wining movements of other cars with a minimum 5' IondscOpe
planter.
1 I lfondlcopped stells shall be be o min. Of 9' wide plus on. odjoceni 8' min. oc.cess zone to accommodole
Von accessible parking. if them is more than one stall of least one must mcel the Von occessible size.
The addtionoi soils shell be a rnln. of 9' wide plus an odjacent 5' rola access zone, per title 24,
Chopter 2-7102, Colifcrnio Administrative Code.
19. 1 nd stalls and stalls od oceot to curbing,; sholl be a rninimum of ten feet vide.
20. Dead end 90' parking shell be provided with adequate turning room.
21. Perking requirements for the interior of porking lots on indostriol lots surrounded solely by heavy
i ndustnally zoned properties may be mocMied by the SAA Plan and Architectural Review Committee.
Figure 3-2 Standard Parking Stall Dimensions (continued)
3. Compact parking spaces. Parking areas containing a minimum of twenty or more
parking spaces may include a maximum of 15 percent of the total number of
parking spaces for compact cars. These spaces shall be designated and
distributed throughout the lot. Dimensions of compact parking spaces shall be no
smaller than 6 inches less than a standard stall in width and 2 feet less than a
standard stall in depth.
E. Curbing and wheel stops.
1. Curbing. Continuous concrete curbing at least six inches high and six inches wide
shall be provided along the edges of parking spaces adjacent to fences, walls,
other structures, and landscaping.
153
a. Alternative barrier designs may be approved by the Director.
b. Parking spaces adjacent to landscaped areas or other obstructions shall
incorporate an additional curbing width of 12 inches (for a total of 18 inches) to
provide a place to stand while exiting and entering vehicles.
c. Curbing shall be placed within the parking space a minimum of 2 feet from the
front of the space.
2. Wheel stops. Wheel stops other than continuous concrete curbing shall be
prohibited except in work areas, and parking areas not open to the public.
3. Bumper overhang. To increase the parking lot landscaped area, a maximum of 2
feet of the parking stall depth may be landscaped with low -growth, hearty materials
in lieu of paving, allowing a 2 -foot bumper overhang while maintaining the required
parking dimensions.
Directional arrows and signs:
Parking spaces, aisles, approach lanes and maneuvering areas shall be clearly
marked with directional arrows and lines to ensure the safe and efficient flow of
vehicles.
2. The Director may require the installation of traffic signs in addition to directional
arrows to ensure the safe and efficient flow of vehicles in a parking facility.
G. Driveways
Width. Maximum driveway width shall be 35 feet for standard driveways and 56
feet for special driveways unless specifically approved otherwise by the City
Engineer for high truck volumes or other factors.
The total width of commercial and industrial driveways shall not exceed 60% of the
frontage.
The minimum width of a single driveway shall be 12 feet and 24 feet for a driveway
serving a parking lot with two-way aisle. Additional driveway width may be required
on collectors and arterial streets particularly where there is no parking and a travel
lane is adjacent to the curb.
Standard driveway width is measured at the curb line and includes only the
depressed section. Special driveway width is measured between curbs behind
property side. Width of a raised medians separating in and out traffic is not
included in the width.
2. Distances from curb returns. Commercial, industrial or other high volume
driveways on arterials and major collectors shall be located as far as practical from
the nearest curb return and may be prohibited within 100 feet where the
intersection is signalized, is planned for signalization, or intersection capacity is
critical. At other locations, the top of the driveway transition shall be at least 10
feet from the nearest curb return provided the return meets current standards for
radius and location. At streets to be widened or improved, the above distances
shall be measured from the ultimate location of the curb return.
154
At alleys, the driveway transition shall be permitted no closer than 10 feet from the
projected intersecting alley curb face, and no closer than 3 feet from the nearest
ally curb return.
H. Grades of driveways and parking areas.
Driveways. Driveways shall not exceed a maximum grade of +10 percent or -6
percent measured along the driveway centerline. Where there is a change in the
slope of the driveway, it shall be demonstrated that vehicles will be able to pass
over the change in slope without interference with an average vehicle's
undercarriage.
2. Parking areas. Parking areas shall have a maximum grade of seven percent,
measured in any direction.
Landscaping. Parking area landscaping shall be provided in compliance with Chapter
17.30 (Landscaping).
J. Lighting. Parking areas shall have lighting capable of providing adequate illumination
for security and safety. Lighting standards shall be energy-efficient and in scale with
the height and use of the on-site structures. All illumination, including security lighting,
shall be directed downward, away from adjacent properties and public rights-of-way.
Lighting location shall take into account the location and expected mature
characteristics of on-site landscape materials.
K. Residential guest parking. Guest parking for multi -family residential uses shall be
designated and restricted for the exclusive use of the guests with appropriate signs and
pavement markings.
L. Striping and identification. Parking spaces shall be clearly outlined with four -inch
wide lines painted on the surface of the parking facility. Circulation aisles, approach
lanes, and turning areas shall be clearly marked with directional arrows and lines to
ensure safe traffic movement.
M. Surfacing. Parking spaces, driveways, maneuvering areas, and outdoor storage areas
shall be paved with asphalt, concrete, masonry or concrete paving units, and
permanently maintained. The use of rock, decomposed granite, turfstone, etc., is not
allowed for required parking and driveway areas.
17.32.080 - Driveways and Site AccessError! Bookmark not defined.
A. Distance from street corners. Driveways to parking areas, except single family
residential and duplex driveways, shall be located as far as practical from the nearest
curb return and may be prohibited within 100 feet where the intersection is signalized, is
planned for signalization, or intersection capacity is critical. At other locations, the top of
the driveway transition shall be at least 10 feet from the nearest curb return provided the
return meets current standards for radius and location. At streets to be widened or
improved, the above distances shall be measured from the ultimate location of the curb
return. At alleys, the driveway transition shall be permitted no closer than 10 feet
from the projected intersecting alley curb face, and no closer than 3 feet from the
nearest ally curb return. Exceptions to this standard may be approved by the City
Engineer.
B. Driveway spacing. Driveways shall be separated along the street frontage as follows:
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1. Single-family and duplex residential development. Driveways shall be
separated by at least six feet, unless a shared, single driveway is approved by the
Director. The six-foot separation does not include the transition or wing sections
on each side of the driveway approach.
2. Multi -family and nonresidential development. Where two or more driveways
serve the same or adjacent multi -family or nonresidential development, the
centerline of the driveways shall be separated by a minimum of 200 feet.
C. Drive aisles.
1. Single-family uses.
a. Each single-family dwelling shall provide a continuous paved driveway from
the street to the required parking area. Driveways shall be kept free and clear
of stored materials, including inoperable vehicles.
2. Multi -family and nonresidential uses. Drive aisles within multi -family residential
and nonresidential parking areas shall be designed and constructed in compliance
with Figure 3-8.
D. Drive-through facilities. Retail or service uses providing drive-in/drive through
facilities shall be designed and operated to effectively mitigate problems of traffic
congestion, excessive pavement, litter, noise, and unsightliness.
1. Clearance from obstruction. The nearest edge of a driveway apron or curb
return shall be at least five feet from the nearest property line, centerline of a fire
hydrant, utility pole, traffic signal, light standard, or other similar facility.
2. Visibility. Drive aisles shall be designed and located so that adequate visibility is
ensured for pedestrians, bicyclists, and motorists when entering individual parking
spaces, circulating within a parking facility, and entering or leaving a parking
facility.
a. Aisle design.
(1) The entrance/exit of any drive-through aisle shall be at least 50 feet
from an intersection of public rights-of-way (measured at the closest
intersecting curbs) and at least 25 feet from the edge of any driveway
on an adjoining parcel.
(2) Drive-through aisles shall be designed with a minimum 12 -foot interior
radius at curves and a minimum 12 -foot width.
b. Stacking area. A clearly identified area shall be provided for vehicles waiting
for drive-through service that is physically separated from other on-site traffic
circulation.
(1) The stacking area shall accommodate a minimum of eight cars for each
drive-through window in addition to the vehicle(s) receiving service.
(2) The stacking area shall be located at and before the menu board, teller
window, etc.
(3) Separation of the stacking area from other traffic shall be by concrete
curbing or paint striping on at least one side of the lane.
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(4) Stacking areas parallel to streets or public rights-of-way shall be
discouraged.
c. Walkways. Pedestrian walkways should not intersect the drive-through aisles,
but where they do, they shall have clear visibility and shall be emphasized by
enhanced paving.
3. Screening. An opaque screen consisting of plant material and a solid masonry
wall, a minimum of six feet in height, shall be constructed on each property line that
is adjoining a residentially zoned/occupied parcel. The design of the wall and the
proposed construction materials shall be subject to the approval of the Director.
4. Signs.
a. Directional signs. Each entrance to, and exit from, any drive aisle shall be
clearly marked to show the direction of traffic flow by signs and pavement
markings.
b. Menu boards. Menu boards shall not exceed a maximum height of six feet,
and shall face away from public rights-of-way. Outdoor speakers shall be
located at least 50 feet from any residentially zoned/occupied parcel.
17.32.090 - Bicycle Parking Error! Bookmark not defined.
A. Applicability. Bicycle parking shall be provided for all multi -family and nonresidential
uses in compliance with Table 3-2.
TABLE 3-2
Bicycle Parking Requirements By Land Use
Use Required Stalls Location
4 stalls or 20 percent of required Adjacent to bicycle paths
Commercial, Services, off-street automobile parking and pedestrian walks <_ 200
Recreation, Education stalls, whichever is greater (up ft. of public entrance.
and Public Assembly to a
maximum of 30 bicycle stalls)
Residential.
Dwelling, multi -family 1 per 2 units Must be secure
4 stalls or 5 percent of required
Industrial, Manufacturing off-street automobile parking Adjacent to bicycle paths
and Processing stalls, whichever is greater (up and pedestrian walks <_ 200
to a maximum of 15 bicycle ft. of public entrance.
stalls)
1. For each 10 bicycle parking stalls provided, there shall be permitted a reduction of
one required automobile parking stall to a maximum of 15 percent of the required
automobile parking stalls, at the discretion of the Community Development Director
or Planning Commission (depending on who is the Review Authority).
B. Bicycle parking design and devices. Bicycle stalls shall be improved in accordance
with the following requirements:
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1. Provided with a device to be approved by the City and capable of supporting a
bicycle in an upright or hanging position and having a means that will enable a user
to lock a bicycle to such a device.
2. Areas containing stalls shall be surfaced with hardscape or paving.
3. When located within a parking area, spaces shall be protected by curbs, fences,
planter areas, bumpers, or similar barriers for the mutual protection of bikes,
automobiles and pedestrians, unless deemed by the City to be unnecessary.
17.32.100 - Loading Space Standards
Loading spaces shall be designed and constructed as follows.
A. Location. Loading spaces shall be located based on the operating characteristics of
the proposed use:
1. As near as possible to the main structure and limited to the rear two-thirds of the
parcel, if feasible;
2. Loading facilities shall be discouraged from facing streets. Where not possible to
do otherwise, ensure that the loading facility is screened from adjacent streets as
much as possible,
3. To ensure that loading and unloading takes place on-site and in no case within
adjacent public rights-of-way or other traffic areas on-site;
4. To ensure that vehicular maneuvers occur on-site; and
5. To avoid adverse impacts upon neighboring residential properties.
B. Dimensions. Loading spaces shall be not less than 12 feet in width, 45 feet in length,
with 14 feet of vertical clearance.
C. Lighting. Loading areas shall have lighting capable of providing adequate illumination
for security and safety. Lighting standards shall be energy-efficient and in scale with
the height and use of adjacent structures. Lighting shall be designed to prevent spillage
of light to adjacent properties.
D. Loading doors and gates. Loading bays and roll -up doors shall be painted to blend
with the exterior structure walls. Loading bays and doors, and related trucks shall be
adequately screened from view from adjacent streets as determined by the review
authority.
E. Loading ramps. Plans for loading ramps or truck wells shall be accompanied by a
profile drawing showing the ramp, ramp transitions and overhead clearances.
F. Screening. Loading areas abutting residentially zoned parcels shall be screened in
compliance with 17.30.060 (Screening).
G. Striping. Loading areas shall be striped indicating the loading spaces and identifying
the spaces for "loading only." The striping shall be permanently maintained by the
property owner/tenant in a clear and visible manner at all times.
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17.32.110 — Parking and Circulation Design Guidelines
A. General Design Considerations. The primary design considerations for parking lot
layout and site access are safety and efficiency, minimizing the visual impact of large
paved areas, reinforcing the street environment, integrating parking into overall site
development, and maximizing pedestrian orientation by means of lighting, landscape,
hardscape, and parking layout.
1. Factors to consider. The following factors should be considered in the design
and development of off-street parking areas:
a. Ingress and egress with consideration to possible conflicts with vehicular and
pedestrian traffic;
b. Intra -parking lot pedestrian and vehicular conflicts;
c. Reinforcing the street edge and a pedestrian environment;
d. On-site circulation and service vehicle zones;
e. Overall configuration and appearance of the parking area;
f. Promoting compatibility with adjacent land uses;
g. Minimizing opportunities for crime and undesirable activities through natural
surveillance, access control and activity support;
h. Potential to connect parking lot with neighboring properties;
I. Shading the parking lot by means of canopy trees and other landscaping;
j. Creating a sense of spatial organization and experiential meaning through the
layout of the design of the parking lot;
k. Reducing heat gain by shading pavement and employing light-colored
pavement and walls; and
I. Maximizing on-site percolation and minimizing runoff to storm drains.
1. Location of parking lots. Parking lots should not occupy street frontages, and
should be located behind buildings to the maximum extent feasible, so that the
street frontage in both residential and non-residential areas remains pedestrian -
oriented.
2. Relationship to adjacent buildings. Parking areas should be separated from
buildings by either a raised concrete walkway or landscaped strip. If space allows,
parking stalls directly abutting buildings should be avoided.
3. Pedestrian -friendly features. Lighting, landscaping, hardscape, fencing, parking
layout and pedestrian paths should all contribute to the strength and clarity of the
parking lot as a deliberate and thorough design.
B. Access and Entries
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Pedestrian and vehicular entrances must be clearly identified and easily accessible
to minimize pedestrian and vehicle conflicts. Entrances to parking lots should be
from alleys, or between buildings, retaining the street frontage for buildings and
locating parking to the rear of buildings, or to the side where no other alternative is
available. The use of enhanced paving, landscaping, and special architectural
features and details is encouraged to distinguish entrances.
2. Where a parking cannot be located other than adjacent to a public street, the
facility should include a point of entry and clear and safe access for pedestrians
from the lot, to the on -street sidewalk, to the sidewalk entrance of the building.
Figure 3-3 Enhanced Parking Lot Entry
C. Lighting
Carefully designed lighting is an essential element of good parking lot design. The
placement, type, height number and bulb type of lights should all contribute to a coherent
lighting design (See lighting under Commercial Guidelines).
D. Hardscape
A well thought-out selection and composition of hardscape materials can help to
order space and reinforce the relationship of the parking lot to its surroundings and
to the buildings it serves. Entrance and exit areas, areas that are the central focus
of the parking lot design, major axis and areas that act as forecourts for entrances
may be suitable locations for special paving materials such as brick or stamped
asphalt.
160
Provide shared entry wtl7:
pecial accent paving
K�:q i,'
c 1 �
i
i uNue landscope to toff
attention to shared entry
Provide special
p paving to accentuate
_ pedesffian Crossing.
i r
loading and Irash areas l accle parking at
_ located at rear of building. rear of building
I
Figure 3-4 Hardscape Materials
2. Limit curb cuts for driveways opening to public streets. Common shared access
driveways which provide access to more than one site are encouraged to reduce
the number of driveway entries along commercial streets.
Figure 3-5 Spacing of Driveway Curb Cuts
3. Design parking areas so that pedestrians walk parallel to moving cars. Minimize
the need for the pedestrian to cross parking aisles and landscape areas.
4. Access for service vehicles, trash collection and storage areas should be located
on alleys where alleys exist.
E. Circulation
1. Separate vehicular and pedestrian circulation systems should be provided where
possible. The layout of parking areas should be designed so that pedestrians walk
parallel to moving cars, minimizing the need to walk between parked cars or to
cross parking aisles and landscape areas.
161
2. Pedestrian linkages between uses in commercial developments should be
emphasized. Parking lot designs should include walkways and planting that help
direct pedestrians comfortably and safely to their destinations.
Figure 3-6 Pedestrian Connections
3. Parking aisles should be separated from primary vehicle circulation routes
whenever possible.
Figure 3-7 Separate Circulation from Parking Aisles
4. Where parking areas are connected, interior circulation should allow for a similar
direction of travel and parking spaces in all areas to reduce conflict at points of
connection.
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Figure 3-8 Shared Parking Access
F. Landscaping, Screening, and Buffering
1. Parking facilities should be landscaped with the following objectives in mind:
a. Visually break up large paved areas with landscaping;
b. Maximize distribution of landscaping;
c. Promote compatibility and function as a "good neighbor"
d. Consider the use of trees planted at regular distances as a grove; and,
e. Reduce the amount of storm water run-off resulting from the lot; and
f. Shade 50 percent of the asphalt area within five years from time of installation.
2. If a parking lot must be located adjacent to a street, the lot should be landscaped to
soften the visual impact of parked vehicles from the public right-of-way. Screening
should consist of a combination of low walls and landscape materials. The
objective is to strike a balance between screening parked automobiles and
facilitate safety through natural surveillance opportunities.
3. As long as an open surveillance zone is
maintained between 32 and 6 feet above
grade, landscaping should be used in
combination with walls and fences.
4. Planting areas adjacent to parking areas,
drives or walks should be protected by
curbing where necessary, while allowing
for drainage of surface water into
permeable surface areas. See Figure 3-9.
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Figure 3-9 Protect Landscaping
6.
Both perimeter and interior landscaping
should incorporate canopy -type trees. The
location and spacing of trees is dependent on
the type of tree used, but the overall effect
should be of a relatively consistent tree cover
which will shade the pavement and vehicles.
See Figure 3-10.
Reduce conflicts between trees, lighting and
signage by coordinating location of trees, light L
poles & signs. The maximum height of lights
shall be lower than the typical pruning height
of the tree used. The use of monument signs
is highly encouraged to reduce tree/sign conflicts.
Figure 3-10 Tree Cover
7. All trees indicated on plans shall be planted and no change of species is allowed
unless approved by the director.
8. Planter areas shall have increased soil volume and reduced compaction to an
appropriate level set by the submitted plans. The use of structural soil mix under
paving to retain parking space while increasing soil volume is highly encouraged.
9. Tree well and planting islands shall have a minimum dimension of 8 feet and be
excavated to a depth of 3 feet and filled with amended soil as necessary.
10. Stakes shall be removed from trees as soon as the tree can support itself.
11. The pruning of parking lot trees early in order to train their growth is encouraged.
12. Tree care should be performed under the supervision of a certified arborist.
13. If a tree is removed, it must be replaced with a tree of equivalent size and value.
CHAPTER 17.34 - SIGNS
Sections:
17.34.010 - Purpose of Chapter
17.34.020 - Applicability
17.34.030 - Sign Permit Requirements
17.34.040 - Prohibited Signs
17.34.050 - General Requirements for All Signs
17.34.060 - Zoning District Sign Standards
17.34.070 - Standards for Specific Types of Signs
17.34.080 - Exceptions to Sign Area Standards
17.34.090 - Sign Maintenance
17.34.100 - Nonconforming Signs
17.34.110 - Violations and Abatement
17.34.120 - Judicial Review
17.34.130 - Sign Design Guidelines
17.34.010 - Purpose of Chapter
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The regulations established by this Chapter are intended to regulate the placement, type,
size, and number of signs allowed within the City, and to require the proper maintenance of
signs. The purposes of these limitations and requirements are to:
A. Enhance commerce within the community by providing for signs that will allow the
public to easily identify uses and premises, and regulating signs on the basis of their
physical design, location, and proportions;
B. Preserve and enhance the aesthetic, traffic safety, and environmental values of the
community, and commercial, office, and industrial districts, while at the same time
providing a channel of communication to the public;
C. Limit commercial signage to on-site locations to keep the proliferation of this signage to
a more aesthetic proportion, and protect existing businesses from visual encroachment
from new signage on neighboring properties;
D. Avoid traffic safety hazards to motorists and pedestrians caused by visual distractions
and obstructions;
E. Promote the aesthetic quality of the community by providing for signs that enhance the
attractiveness of the City as a place to live, work, and shop; and
F. Safeguard and protect the public health, safety, and general welfare.
17.34.020 - Applicability
A. Signs regulated. The requirements and development standards in this Chapter shall
apply to all signs in all zoning districts except signs that are less than thirty-three (33%)
percent of a window surface.
B. Applicability to sign content. The provisions of this Chapter do not regulate the
message content of signs (sign copy), regardless of whether the message content is
commercial or noncommercial.
17.34.030 - Sign permit Requirements
No sign shall be installed, constructed, or altered unless it is first approved in compliance
with this Section.
A. Fees and plans required. An application for a Sign Permit shall be filed and
processed in compliance with Chapter 17.50 (Application Filing and Processing). The
application shall also include architectural elevations and plans of all proposed signs
drawn to scale, with all dimensions noted, and include any additional information and
materials as required by the Department.
B. Design review and approval. The Director shall review all Sign Permit applications
and approve only those found to be in substantial conformance with the design review
criteria provided in Section 17.34.050 (General Requirements for All Signs). The
Director may require conditions of approval as are reasonably necessary to achieve the
purposes of this Chapter.
The Director may refer Sign Permit applications to SPARC for action, either on the
individual Sign Permit, or as part of a development project that is otherwise subject to
SPARC review.
165
C. Master sign program.
When required. A master sign program shall be approved by the Director (or by
SPARC upon referral by the Director) prior to the issuance of any Sign Permit for:
a. A new nonresidential project with four or more tenants; and
b. Major rehabilitation work on an existing nonresidential project with four or
more tenants that involves exterior remodeling. For the purposes of this
Chapter, major rehabilitation means adding more than 50 percent to the gross
floor area of the building/buildings, or exterior redesign of more than 50
percent of the length of any facade within the project.
All signs installed or replaced within the nonresidential project shall comply with the
approved master sign program.
2. Content of program. A master sign program shall provide standards for the
uniform style, size, placement, and color palette of signs within the proposed
nonresidential project.
3. Revisions. Revisions to a master sign program may be approved by the Director if
he or she first determines that the revision is minor and that the intent of the
original approval, and any applicable conditions are not affected. A new Sign
Permit shall be obtained for revisions that would substantially deviate from the
original approval.
D. Time limit for action. A Sign Permit or a master sign program shall be approved or
disapproved by the Review Authority within 15 working days of the application being
accepted as complete in compliance with Section 17.38.060 (Initial Application Review).
A sign that is submitted in full compliance with an approved master sign program shall
be approved within 5 working days of the application being accepted as complete.
E. Signs and sign changes allowed without a Sign Permit. The following do not
require a Sign Permit, provided that they comply with Section 17.34.050 (General
Requirements for All Signs), and any required Building Permit is obtained.
1. Nonstructural modifications and maintenance.
a. Modifications or replacement to a face of a cabinet sign.
b. Nonstructural modifications of the face, design, or color of an existing sign,
provided that the modifications comply with any applicable master sign
program approved in compliance with Subsection C.
c. The normal maintenance of signs.
2. Temporary signs. Temporary signs in compliance with Section 17.34.070.D.
17.34.040 - Prohibited Signs
The following types of signs and devices shall be specifically prohibited:
A. A sign in conjunction with a home occupation permit;
B. Abandoned signs;
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C. Animated signs, including electronic message display signs, and variable intensity,
blinking, or flashing signs; except time and temp signs (except in accordance with
Section 17.34.070.F, Programmable Electronic Signs);
D. Balloons and other inflatable devices;
E. Moving signs;
F. Permanent off-site signs;
G. Pennants, except as allowed for temporary periods by Section 17.34.070,
H. Roof signs;
Because of the City's compelling interest in ensuring traffic safety, signs that simulate in
color, size, or design, any traffic control sign or signal, or that make use of words,
symbols, or characters in a manner that interferes with, misleads or confuses pedestrian
or vehicular traffic;
J. Signs attached to or suspended from a vehicle parked within a public right-of-way, or in
a location on private property that is visible from a public right-of-way, except a sign
painted directly upon, magnetically affixed to, or permanently affixed to the body or
other integral part of the vehicle;
K. Temporary and portable signs, except as allowed by Section 17.34.070,
L. Poorly maintained signs; and
M. Signs in public right-of-way or affixed to City property.
17.34.050 - General Requirements for All SignsError! Bookmark not
defined.
A. Sign area. The measurement of sign area to determine compliance with the sign area
limitations of this Chapter shall occur as follows.
1. The surface area of a sign shall be calculated by enclosing the extreme limits of all
framing, writing, logo, representation, emblem, or other display within a single
continuous perimeter composed of squares or rectangles with no more than eight
lines. See Figure 3-11.
i
'. DRY
CLEANERS
51
Figure 3-11 Sign Area Measurement
167
8'
Area = 32 so. Ft.
2. Supporting framework or bracing that is clearly incidental to the display itself shall
not be computed as sign area.
3. For freestanding signs all readable surfaces visible from a public right-of-way shall
be counted in sign area calculations.
4. Where a sign consists of one or more three-dimensional objects (i.e., balls, cubes,
clusters of objects, sculpture or statue -like trademarks), the sign area shall be
measured as their maximum projection upon a vertical plane.
5. For signs that incorporate time and temperature devices, the area of these devices
shall not be included in the total area of the sign.
B. Sign height. Sign height shall be measured as the vertical distance from the finished
grade adjacent to the base of the sign structure to the highest point of the structure,
where finished grade does not include fill, planters, or other material artificially placed to
allow increased sign height.
C. Sign location requirements.
1. All signs identifying an occupant, business, or use shall be located on the same
site as the occupant, business, or use, except as otherwise allowed by this
Chapter.
2. Signage allowed on one building or frontage shall not be transferred to another
building or frontage.
3. Each sign, including a sign located on a temporary or portable building, shall be
subject to the requirements of this Chapter.
4. No sign shall be located within the public right-of-way, except as otherwise allowed
by this Chapter.
5. A sign for the purpose of construction, sales, or leasing are permitted within a
required setback area, provided it is:
a. Located within a permanently maintained landscaped planter area having an
area at least twice that of the sign area;
b. Not closer than 10 feet from any property line and 10 feet from any access
driveway; and
c. Not within a radius of 20 feet of the intersection of the rights-of-way of two
intersecting streets.
6. The location of all signs shall be evaluated to ensure:
a. That the setback is appropriate for the height and area of a freestanding or
projecting sign;
b. That flush or projecting signs relate to the architectural design of the building.
Signs that cover windows, or that spill over natural boundaries and
architectural features shall be discouraged;
c. That signs do not unreasonably block the sight lines of existing signs on
adjacent properties; and
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d. Pedestrian and vehicular safety.
7. A freestanding sign may be placed only on a site frontage adjoin a public street.
8. No freestanding sign shall be closer than 75 feet to another freestanding sign, to
ensure adequate visibility for all signs. The Director may waive this requirement
where parcel width and/or the locations of existing signs on adjacent properties
would make the 75 -foot separation impractical.
D. Design criteria for signs. The following design criteria shall be used in reviewing the
design of individual signs. Substantial conformance with each of the following design
criteria shall be required before a Sign Permit or Building Permit can be approved.
1. Color. Colors on signs and structural members should be harmonious with one
another and reflective of the dominant colors of the building or buildings being
identified. Contrasting colors may be utilized if the overall effect of the sign is still
compatible with the building colors and prevailing colors in the surrounding
neighborhood (where a theme can be identified).
2. Materials and structure.
a. Sign materials (including those for framing and support) should be
representative of the type and scale of materials used on the building or
buildings which the sign identifies. Insofar as possible, sign materials should
match the materials used on the building and on other signs.
b. Materials selected for permanent signs shall be durable and capable of
withstanding weathering over the life of the sign with reasonable maintenance.
c. The size of the structural members (e.g. columns, crossbeams, and braces)
should be proportional to the sign panel they are supporting. In general, fewer
larger supporting members are preferable to many smaller supports.
d. The use of individual letters incorporated into the building design is
encouraged, rather than signs with background and framing other than the
building wall.
e. The use of reflective materials or surfaces may be approved only where the
Review Authority determines that they will not distract motorists or create
other hazards, and should be minimized in all cases.
f. Wall signs shall not project from the surface upon which they are attached
more than required for construction purpose and in no case more than 12
inches.
g. Wall signs shall not project above the eave line or the edge of the roof of a
building.
E. Copy design guidelines. The City does not regulate the message content (copy) of
signs; however, the following are principles of copy design and layout that can enhance
the readability and attractiveness of signs. Copy design and layout consistent with
these principles is encouraged, but not required.
1. Sign copy should relate only to the name and/or nature of the business or
commercial center.
169
2. Permanent signs that advertise continuous sales, special prices, etc. should be
avoided.
3. Information should be conveyed briefly or by logo, symbol, or other graphic
manner. The intent should be to increase the readability of the sign and thereby
enhance the identity of the business.
4. Freestanding signs should contain the street address of the parcel or the range of
addresses for a multi -tenant center.
F. Illumination of signs. The artificial illumination of signs, either from an internal or
external source, shall be designed to minimize light and glare on surrounding rights-of-
way and properties.
1. External light sources shall be directed and shielded to limit direct illumination of
any object other than the sign.
2. The light from an illuminated sign shall not be of an intensity or brightness that will
interfere with the reasonable enjoyment of residential properties. In areas with low
ambient nighttime illumination levels (e.g., residential neighborhoods or business
districts with little or no illuminated signing) applicants shall be encouraged to use
light, illuminated copy against dark or opaque backgrounds.
3. Signs shall not have blinking, flashing, or fluttering lights or other illuminating
devices that have a changing light intensity, brightness or color, except as
otherwise allowed in Section 17.34.070.F, Programmable Electronic Signs.
4. Colored lights shall not be used at a location or in a manner so as to be confused
or construed as traffic control devices.
5. Neither the direct nor reflected light from primary light sources shall create a
hazard to operators of motor vehicles.
6. Incandescent lamps shall not be visible from a public right-of-way or adjacent
property.
7. Light sources shall utilize energy efficient fixtures to the greatest extent possible.
G. Maintenance of signs. Signs and supporting hardware, including temporary signs,
shall be maintained in good repair and functioning properly at all times. Repairs to signs
shall be of equal or better in quality of materials and design as the original sign. Signs
which are not properly maintained and are dilapidated shall be deemed to be a public
nuisance, and may be abated in compliance with Lodi Municipal Code.
When existing signs are removed or replaced, all brackets, poles, and other supports
that are no longer required shall be removed. Unpainted areas shall be painted to
match the adjacent portion of the building or sign support structure.
H. Signs on Public Property: No signs are allowed on public property, except for the
following:
1. A public sign erected by or on behalf of the City or other public entity to post legal
notices, identify public property, convey public information, or direct or regulate
pedestrian or vehicular traffic.
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2. An informational sign of a public utility or transit company regarding its poles, lines,
pipes, facilities, or routes.
3. An emergency warning sign erected by the City or other public entity, a public utility
company, or contractor doing authorized or permitted work on public property.
4. Signs constructed by the City to direct persons to specific districts, regions, or
public facilities.
5. Banner signs on City property (e.g., light poles in downtown area or along major
corridors)
17.34.060 - Zoning District Sign Standards
Only the signs and sign area authorized by this Section shall be allowed unless otherwise
expressly provided in this Section or Section 17.34.070 (Standards for Specific Types of
Signs).
A. Residential zoning districts. Signs within the residential zoning districts shall comply
with the following standards.
1. Size and type of signs allowed. Each parcel in the residential zoning districts
may be permitted signs as follows:
a. One nameplate not exceeding one square foot in area identifying the occupant
of a residence. No Building Permit is required;
b. One identification sign for apartment and institutional use, not exceeding 48
square feet in area;
c. One unlighted sign not exceeding six square feet in area that advertises the
sale or rental of the premises. No Building Permit is required;
d. A bulletin board for a religious facility or public institution, not exceeding 20
square feet in area;
e. One sign not exceeding 100 square feet in area on the site of a construction
project or new subdivision, that indicates the nature of the development or
identifies the persons involved in the construction; which may be placed on
the site prior to or during the development activities;
f. One unlighted, noncommercial sign not exceeding six square feet in area; and
g. A warning or no trespassing sign not exceeding six square feet in area. No
Building Permit is required.
2. Setback requirements. Each sign shall be set back at least 10 feet from all
property lines.
3. Height limit. No building mounted sign shall exceed a height of 20 feet. No
freestanding sign shall exceed a height of 8 feet, sign plus base.
B. Commercial and industrial zoning district sign standards. Each proposed sign
shall comply with the following standards for the applicable zoning district.
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CC district. Each sign within the CC zoning district shall comply with the following
standards.
General Specifications and Requirements
(1) Sign content shall be limited to the Tenant's name and primary graphic
logo unless specifically provided for herein;
(2) Notwithstanding the following Sign Provisions, Tenants may utilize
standard corporate logos and/or prototypical signage graphics, if used
in a majority of the Tenant's California stores subject to approval of the
City of Lodi;
(3) All signage on the building fascia, with exception of certain
logo/graphics, shall be of indirectly lit individual channel letters or
dimensional letters in accordance with the definitions below. No
cabinet signs shall be permitted. Signage illumination shall not include
flashing, moving or scintillating effects;
(4) Channel letters are to be defined as individual channel letters or as
connected channels that may be composed of script letters with
connected serifs, or an non -script letters that are connected by heavy
outlines into an integrated shape or "channel box". Secondary channel
boxes containing a logo mark or underlining the primary text and
containing a secondary message shall be permitted. Illumination may
be with either LEDs or neon;
(5) Dimensional letters are to be made of %" thick clear acrylic or 1-1/2"
thick aluminum;
(6) All signs must be dimensional. Signs painted directly onto the building
shall not be permitted;
(7) Painted wall graphics or murals that are thematic to the overall
shopping center and do not provide any specific tenant identification
shall be allowed subject to prior approval by the City of Lodi. The
thematic wall graphics or murals shall be counted as signs or sign area
with respect to the building on which graphic or mural is painted;
(8) Signs may not come within one foot of the top, bottom or sides of the
building elevation or fascia upon which a sign is located. In no case
may a sign extend beyond the roof parapet or adjacent building eave
line. Signs are not allowed on or against any roof structures.
Architectural tower features on buildings may be considered for tenant
identification signs subject to specific sign design approval by the City
of Lodi;
(9) Exposed channel letter raceways are prohibited. All channel letter
signs must be mounted directly to the building surface or be mounted
upon a decorative architectural background feature subject to specific
sign design approval by the Landlord and the City of Lodi;
(10) Tenant signs will be no larger than 75% of fascia height, with a
maximum width of 75% of tenant's frontage;
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(11) All signs are to be laid out so as to be proportionate to the area in
which it is placed, as well as comply with the square footage limitations.
They should also be centered at the appropriate location on the
elevation so it would be balanced with the buildings as a whole. (Not
necessarily centered on the Tenant space.);
(12) Each tenant may have signage upon the front and rear elevations
subject to size area limitations. End cap tenants may also have
signage on their side elevations subject to size area limitations. Pad
tenants may have signage on all elevations facing a public street or
parking area subject to the size area limitations;
(13) Colors shall be consistent with the theme of the shopping center;
(14) Temporary wall signs, pennants, flags, over -roof signs, inflatable
displays, exposed neon, or sandwich boards are prohibited.
Temporary banners advertising specials or sales may be allowed in
accordance with City Code; and
(15) Window signs, other than the Permanent Window Graphics will not be
allowed. These signs include neon signs, fiber optic/neon simulated
plastic signs and border neon.
b. Free-standing signs. The design of the multi -tenant pylon signs, multi -tenant
monument signs and center identification monument sign shall be
commensurate with the architecture of the shopping center.
(1) Freeway Information Area Signage
(a) One (1) pylon sign, no higher than 65 feet shall be permitted
along the freeway frontage. The sign shall identify multiple
tenants within the shopping center; and
(b) The pylon sign shall have a maximum of 720 square feet of tenant
identification and 32 square feet of shopping center identity.
(2) Center Identification Sign. One (1) Center identification sign, no
higher than 8 feet, shall be permitted. The sign shall be a single -sided,
identifying the entrance to the Center. No tenant names shall be
displayed on the identification sign.
(3) Monument Signs.
(a) One multi -tenant monument sign, no higher than 12 feet, shall be
permitted. A shopping center of 10 acres or more may have two
monument signs. These signs may have two-sided panels to
identify multiple tenants within the chopping center; and
(b) The monument signs shall have a maximum of 84 square feet of
tenant identification and 8 square foot of shopping center identity.
c. Tenant Signage. The sign program regulates the total allowed signage each
tenant may have, based upon the frontages of each store. Tenant signage
shall not exceed the total allowed maximum signage per tenant.
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(1) Tenants shall be allowed 2 square feet of signage per lineal foot of
frontage for the front elevation and 2 square feet of signage x 75% per
lineal foot of frontage for side (end caps) and rear elevations;
(2) The signs may either be internally illuminated plex-faced channel letters
or halo illuminated fabricated aluminum reverse pan channel letters;
and
(3) Single pad tenants shall be allowed one wall sign per each business
frontage facing a street, pedestrian plaza and/or parking lot. The total
allowed sign area shall be 2 square feet of signage per lineal foot of
frontage for the front elevation and 2 square feet of signage x 75% per
lineal foot of frontage for side and rear elevations.
3. GC and industrial districts. Each sign within the GC and industrial zoning
districts shall comply with the following standards.
a. Size and type of signs allowed. A parcel in the GG or an industrial zoning
district may be permitted signs as follows, provided that no sign shall exceed
an area of 480 square feet.
(1) An individual business adjacent to a public street or streets is allowed
one square foot of sign area for each linear foot of street frontage.
(2) An individual business that shares street frontage with other
businesses (e.g., within a single building) is allowed one square foot of
sign area for each linear foot of building frontage.
(3) An individual business located on a corner (i.e., with building frontage
or street frontage on two sides) is allowed 75 percent of the ratio of two
square feet of sign area for each linear foot of street frontage.
b. Size and type of signs - Parcels with four or more businesses. Parcels
under one ownership that contain four or more businesses may be permitted
one freestanding sign in addition to the signs permitted by Subsection 8.3.a,
provided that the sign shall not:
(1) Exceed 300 square feet in area. 150 square feet of the total sign area
may be used for individual identification signs uniform in size, shape,
and lettering; and
(2) Contain a reader board.
c. Off -premises signs. Off -premises signs are prohibited, with the exception of
those that legally existed prior to the adoption of this Development Code.
d. Setback requirements. Each sign shall be set back at least two feet from the
property line.
e. Height limit. No sign shall exceed the following height limits, as applicable.
(1) Building -mounted signs. A building -mounted sign shall not exceed
the height limit of the building or 35 feet, whichever is less.
(2) Freestanding signs. A freestanding sign shall not exceed the height
of the tallest building on the site;
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(3) Freeway information area.
(a) A freeway information (FI) area is established to include an area
bounded: on the west by a line drawn 50 feet west of the west
right-of-way line or Cherokee Lane or 500 feet west of the west
right-of-way line of the U.S. Highway 50-99 freeway, whichever is
greater; and on the east by a line drawn 500 feet east of the east
right-of-way line of the U.S. Highway 50-99 freeway; and on the
north and south by the then -current City limits.
(b) A sign within the FI area shall not exceed a height of 75 feet.
4. O district. Each sign within the O zoning district shall comply with the following
standards.
Size and type of signs allowed.
(1) Signs shall not exceed one square foot of sign area for each two linear
feet of street frontage, up to a maximum sign area of 200 square feet.
The maximum allowable area of signs for an office use located on a
corner parcel shall be calculated by using 75 percent of the length of
the total street frontage;
(2) The size, location, and design of the sign is visually complementary
and compatible with the size and architectural style of the primary
structures on the site, any prominent natural features of the site, and
structures and prominent natural features on adjacent properties on the
same street; and
(3) No sign shall be lighted so that light shines on neighboring properties.
b. Setback requirements. Each sign shall be set back at least ten feet from the
property line.
c. Height limit. No building mounted sign shall exceed a height of 20 feet. No
freestanding sign shall exceed a height of 8 feet, sign plus base.
C. Mixed Use zoning district sign standards. The regulation of the location, size, type
and number of signs permitted shall be governed by the provisions of this Section.
Downtown Mixed Use and Mixed Use Center Districts. Each sign within the
DMU and MCE zoning districts shall comply with the following standards.
Signs must be more than just a way to relay information; they must be an
architectural extension of a building. The objective of the standards and guidelines
is not to create uniformity, but to eliminate those elements that result in a cluttered
and unattractive physical environment. Few outward features of a business display
the owner's confidence and quality as well as signage. These basic parameters
provide for creative signs that may still be as varied and different as the businesses
they represent.
a. Permitted Sign Types
(1) Flush -Mounted or Painted Wall Signs. Cabinet "canned" signs shall
be prohibited.
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(2) Projecting Signs — provided:
(a) They leave no less than eight (8') clear above the finished grade,
and extend no more than four (4) feet out from the wall;
(b) They are not mounted above the first floor:
(3) Awning and Canopy Signs - Awnings are primarily for shade and
secondarily a sign location. Letters and graphics are limited to vertical
surfaces and shall not exceed fifty percent (50%) of the surface area.
Internally illuminated vinyl awnings are not permitted.
(4) Free Standing Signs - Pole -mounted and/or other forms of free
standing signs shall not be permitted in the downtown district.
Exceptions, subject to City review are:
(a) Directory signs or kiosks - These may be considered for
sidewalk locations; those for private arcades or buildings should
be on private property, located in publicly accessible courts,
accessways, or passages.
(b) Portable signs - Menu boards for restaurants, etc. provided they
are stored indoors after hours of operation and not placed to
obstruct the public sidewalk.
b. Sign Size
(1) Building Mounted Signs - The maximum area for each permitted sign
type or any combination thereof shall be one (1) square foot per one (1)
linear foot of tenant street frontage. Maximum sign length shall not
exceed seventy-five percent (75%) of the tenant space frontage.
(2) Free Standing Signs - Per City review.
c. Exemptions
(1) Temporary Signs - limited to sales and or/special events, and
temporary construction signs, limited to a length of time not to exceed
thirty (30) days per calendar year.
(2) Permanent Signs - in addition to those permitted above shall be
limited to:
(a) Existing built-in signs that are integral to the building design.
(b) Painted window signs that cover a maximum of twenty-five
percent (25%) of the window area.
(c) Any sign identifying hours of operation that have an area of less
than three (3) square feet.
d. Sign Maintenance - High levels of maintenance are essential if investment in
the downtown is to be encouraged. Because signs are meant to be seen,
maintenance is especially important.
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(1) Paint - Signs shall be retained in good condition, with touch-up or
repainted as needed. Peeling paint should be replaced promptly.
(2) Repair - Damaged signs and poles shall be repaired promptly or
removed.
(3) Illumination - Bulbs and fixtures shall be replaced promptly if they burn
out or are broken.
(4) Awnings - Awnings that are damaged and/or faded shall be repaired or
replaced promptly.
e. Architectural Compatibility
A building's architectural style and overall proportions should guide the design
of signs. Signs should be located on the facade in areas designed for this
function; e.g. a recessed or framed area between the first and second floor, or
a parapet panel between shopfront and roofline.
Sign Types:
(1) Flush -Mounted and Painted Wall Signs - should align with major
architectural elements, such as doors and windows. Ornamental
elements, such as moldings, pilasters, arches, clerestory windows, roof
eaves, or cornice lines should be used as a frame.
(a) Relationship to Cornice or Roof Line - Signs should not extend
above the cornice line or into or above roof areas, unless they
function as an integral part of the roof design. For example:
A sign board may extend above the cornice line of an
otherwise flat-topped building if it is designed as a parapet in
keeping with the style of the rest of the building.
A sign board may extend above an existing parapet, if it is
located to function as an accent to the basic parapet design.
(2) Projecting Signs
(a) Proportion - Projecting signs with vertically-oriented messages
should be slender in appearance, with a proportion of at least 2:1,
height to width. Projecting signs with horizontally-oriented
messages may be rectangular or square; if located below an
awning or canopy as a hanging "blade" sign, they should also be
slender, proportioned 2:1 width to height.
(b) Structural support - should be an attractive addition to the
overall design of the sign and/or building. Ornamental metal is
recommended. Wooden supports are also appropriate if
designed to complement the sign; however, undetailed, standard -
size lumber should not be used.
(c) Relationship to cornice or roof line - Projecting signs should
not extend above the cornice line or into the roof area, unless
they are an integral part of a completely new facade design or a
faithful accent to existing architectural details or forms. Projection
signs should not extend above the eave line of a sloped roof.
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(3) Awning and Canopy Signs:
(a) Color - combinations for awning or canopy signs should be
simple. Lettering color and background color should contrast for
legibility. Subtle bands of color are appropriate for awnings; more
complex patterns or textures should generally not be used.
(b) Location of message: awnings -Lettering should not appear on
the sloped or curved portion. Information may be located on the
valance (the front vertical portion).
(c) Location of message: canopies - Signs on canopies should be
in the form of letters or a signboard integrated with the canopy
fascia, or freestanding letters mounted on top and extending
above the fascia.
(4) Other Sign Types:
(a) Figurative signs - shaped to reflect the silhouette of a particular
object (for example, a key, a coffee cup, etc.) are encouraged.
These may be wall -mounted or projecting, but should reflect
guidelines for the specific type of sign as listed above.
(5) Not Allowed:
(a) "Canned" signs - are internally illuminated plastic panels within
a sheet metal box enclosure. They should not be used.
Inexpensive canned signs use a limited range of colors and
lettering types, and tend to have no relationship to the
architecture of the building.
(b) Illuminated vinyl awning signs - are more appropriate for
"commercial strip areas" and shall not be used.
g. Materials - Recommendations are:
(1) Signboards - of wood or metal, with painted or engraved letters, or
mounted letters of wood or metal.
(2) Silhouette or figurative signs - three-dimensional letters, symbols,
and/or ornamental figures made of wood or metal.
(3) Custom neon - exterior -mounted on a signboard or metal support
frame or enclosure, or interior -mounted behind clerestory or display
windows.
(4) Fabric awnings - such as canvas with painted or applied lettering;
plastic or vinyl awnings should not be used.
h. Lighting - Recommendations are:
(1) Backlit - with lighting inside and behind projecting lettering.
(2) Top or bottom lit - with single or multiple spotlights.
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2. Mixed Use Corridor District. Each sign within the MCO zoning district shall
comply with the following standards.
a. General Specifications and Requirements. Signs within the MCO zoning
district shall comply with the General Specifications and Requirements
identified in Development Code Section 17.34.060.B.1.a.
Free-standing signs. The design of the multi -tenant pylon signs, multi -tenant
monument signs and center identification monument sign shall be
commensurate with the architecture of the development.
(1) Center Identification Sign. One (1) Center identification sign, no
higher than 8 feet, shall be permitted. The sign shall be a single -sided,
identifying the entrance to the Center. No tenant names shall be
displayed on the identification sign.
(2) Monument Signs.
(a) One multi -tenant monument sign, no higher than 12 feet, shall be
permitted. A shopping center of 10 acres or more may have two
monument signs. These signs may have two-sided panels to
identify multiple tenants within the chopping center; and
(b) The monument signs shall have a maximum of 84 square feet of
tenant identification and 8 square foot of shopping center identity.
c. Tenant Signage. The sign program regulates the total allowed signage each
tenant may have, based upon the frontages of each store. Tenant signage
shall not exceed the total allowed maximum signage per tenant.
(1) Tenants shall be allowed 2 square feet of signage per lineal foot of
frontage for the front elevation and 2 square feet of signage x 75% per
lineal foot of frontage for side (end caps) and rear elevations;
(2) The signs may either be internally illuminated plex-faced channel letters
or halo illuminated fabricated aluminum reverse pan channel letters,
and
(3) Single pad tenants shall be allowed one wall sign per each business
frontage facing a street, pedestrian plaza and/or parking lot. The total
allowed sign area shall be 2 square feet of signage per lineal foot of
frontage for the front elevation and 2 square feet of signage x 75% per
lineal foot of frontage for side and rear elevations.
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Figure 3-12 Examples of Sign Types
17.34.070 - Standards for Specific Types of Signs
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SIGN I I I 1 I SIGN
Window
Proposed signs shall comply with the following standards where applicable, in addition to the
sign area and height limitations, and other requirements of Section 17.34.060 (Zoning District
Sign Standards), and all other applicable provisions of this Chapter.
A. Awning signs. The following standards apply to awning signs in all zoning districts
where allowed by Section 17.34.060 (Zoning District Sign Standards).
1. Signs on awnings are limited to ground level and second story occupancies only.
180
Awnings shall not be internally illuminated. Indirect lighting may be allowed.
Translucent awning materials are prohibited.
Awnings are primarily for shade and secondarily a sign location. Letters and
graphics shall be limited to vertical surfaces and shall not exceed 50 percent of the
surface area. Internally illuminated vinyl awnings are not permitted.
B. Freeway -adjacent outdoor advertising signs.
1. Definitions. For the purposes of this Subsection, the terms "advertising structure,"
"advertising display," "freeway," "highway," "landscaped freeway," "person," "sign,"
and "to place" shall be defined in compliance with Business and Professions Code
Section 5200 of seq. (the California Outdoor Advertising Act).
2. Prohibited for freeway viewing. No advertising display shall be placed or
maintained on property adjacent to a freeway regardless of the applicable zoning
district if the advertising display is designed to be viewed primarily by persons
traveling on the freeway.
3. Exemptions. The prohibition in Subsection C.2 shall not apply to advertising
displays or structures placed upon property for the purpose of advertising the sale
or lease of the property upon which the sign is placed.
4. Size. The advertising display or structure shall not exceed 480 square feet.
C. Projecting signs. Projecting signs shall comply with the following standards.
1. Proportion - Projecting signs with vertically-oriented messages should be slender
in appearance, with a proportion of at least 2:1, height to width. Projecting signs
with horizontally-oriented messages may be rectangular or square; if located below
an awning or canopy as a hanging "blade" sign, they should also be slender,
proportioned 2:1 width to height.
2. Structural support - should be an attractive addition to the overall design of the
sign and/or building. Ornamental metal is recommended. Wooden supports are
also appropriate if designed to complement the sign; however, undetailed,
standard -size lumber should not be used.
3. Relationship to cornice or roof line - Projecting signs should not extend above
the cornice line or into the roof area, unless they are an integral part of a
completely new facade design or a faithful accent to existing architectural details or
forms. Projection signs should not extend above the eave line of a sloped roof.
D. Temporary signs. Temporary signs are allowed in all zoning districts subject to the
following requirements. Temporary signs include banner signs.
On-site signs.
a. Maximum area and height. Sign area shall not exceed six square feet and
sign height shall not exceed 48 inches.
b. Number. No more than one temporary on-site sign shall be placed on any
parcel.
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c. Duration. No temporary sign shall be in place for more than 30 days, and
after removal, the site shall be free from temporary signs for a minimum of 30
days.
E. Window signs. The following standards apply to window signs in all zoning districts
where allowed.
1. Window signs shall be allowed only on windows located on the ground level and
second story of a building frontage.
2. Permanent and temporary signs shall not occupy more than 20 percent of the total
window area.
3. Signage shall consist of individual letters, logos, or symbols applied to the glass
surface; however, neon signs with transparent backgrounds may be hung inside
the window glass line.
F. Programmable Electronic Signs. The following standards apply to Programmable
Electronic Signs:
1. Programmable Electronic Signs are only permitted upon the issuance of a Use
Permit by the Planning Commission. As part of the Use Permit review, the
Planning Commission shall consider the following:
a. Area of programmable electronic signage;
b. Location of programmable electronic signage;
c. Height of programmable electronic signage;
d. Intensity of light due to programmable electronic signage; and
e. Frequency of message change on the Programmable Electronic Sign.
2. Programmable Electronic Signs shall comply with the size, location, and height
requirements of the underlying zoning district.
3. Programmable electronic signs shall be limited to one-third (1/3) the area of the
sign to which it is permitted to be attached.
4. The content of Programmable Electronic signs shall be limited to non-commercial
or on-site commercial messages, in any combination, but may not be used for off-
site commercial messages.
17.34.080 - Exceptions to Sign Area Standards
The Director or other applicable Review Authority may grant an administrative deviation to
the allowed area of a sign in compliance with Section 17.40.050 (Variations and
Administrative Deviations) if it is first determined that:
A. The position or setback of the building on the site requires additional area for effective
signing. The exception may increase the allowed sign area by up to 25 percent; or
182
B. The exceptional size of the structures, uses, or site requires additional sign area for
effective identification from major approaches to the site. The exception may increase
the allowed sign area by up to 25 percent; or
C. The name of the business or use to be identified is exceptionally long, so that sign
readability would be impaired by crowding words into the allowable sign area. The
exception may increase the allowed sign area by up to 25 percent; or
D. Signing proposed is indistinguishable from the architecture itself (supergraphic design)
or achieves the level of sculptural art.
17.34.090 - Sign Maintenance
All signs within the City shall be maintained in good condition and repair, as follows.
A. Awnings. Awnings that are damaged and/or faded shall be promptly repaired or
replaced.
B. Illumination. Bulbs and fixtures shall be promptly replaced if they burn out or are
broken.
C. Paint. The paint on each sign shall be maintained in good condition, with touch-up or
repainting as needed. Peeling paint should be promptly replaced.
D. Repair. A damaged sign and/or pole shall be promptly repaired, or removed from the
site.
17.34.100 - Nonconforming Signs
A nonconforming sign is any permanent or temporary sign that was legally established and
maintained in compliance with the provisions of all applicable laws in effect at the time of
original installation but that does not now comply with the provisions of this Development
Code.
A. General requirements. A nonconforming sign may not be:
1. Changed to another nonconforming sign;
2. Structurally altered to extend its useful life;
3. Expanded;
4. Re-established after a business is discontinued for 60 days; or
5. Re-established after damage or destruction to 50 percent or more of the value of
the sign, or its components, as determined by the Building Official.
B. Abatement. Signs not conforming to the provisions of this Chapter shall be brought
into compliance or removed upon the following circumstances:
1. Abandonment. Any discontinuance or abandonment of a nonconforming sign
shall result in a loss of legal nonconforming status of the sign.
2. Modification. Any proposed modification to the non -conforming sign structure or
copy shall result in a loss of legal nonconforming status of the sign.
183
17.34.110 - Violations and Abatement
A. Public nuisance declared by Director. Any sign erected or maintained contrary to the
provisions of this Chapter may be declared to be a public nuisance by the Director and
proceedings for its removal may take place in compliance with Chapter 17.76
(Enforcement).
B. Removal of abandoned sign, sign shell, and support structures. A sign, sign shell,
and support structures shall be removed by the owner or lessee of the premises upon
which the sign is located when the business that it advertises is no longer conducted on
the premises. If the owner or lessee fails to remove the sign and sign shell, the Director
shall give the owner 30 days written notice to remove it. Upon failure to comply with the
notice, the Director may have the sign removed at the owner's expense. Proceedings
for the removal of signs and/or support structures shall comply with Chapter 17.76
(Enforcement).
17.34.120 - Judicial Review
Any permit issued or denied in compliance with this Chapter shall be subject to expedited
judicial review in accordance with the time limits set forth in Code of Civil Procedure Section
1094.8 et seq.
17.34.130 - Sign Design Guidelines
The following guidelines should be considered in the design of all signs within Lodi. These
guidelines are intended to complement other requirements in the previous Sections of this
Chapter.
A. Design compatibility
Creative design encouraged. Signs should make a positive contribution to the
general appearance of the street and commercial area in which they are located. A
well-designed sign can be a major asset to a building.
2. Proportionate size and scale. The scale of signs should be appropriate for the
building on which they are placed and the area in which they are located. The size
and shape of a sign should be in proportion with the scale of the structure.
Integrate signs with the building. Signs should not obscure architectural
features. Their design should be integrated with the design of the building. A well-
designed building facade or storefront is created by the careful coordination of sign
and architectural design and over-all color scheme. Signs in multiple tenant
buildings should be designed to complement or enhance the other signs in the
building.
184
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These signs block buildings elements and
meble a cheolic image.
These signs compliment the building long creating
a more orderly appearance.
Figure 3-13 - Design Compatibility
4. Reduce sign impact. Because residential and commercial uses generally exist in
close proximity, signs should be designed and located so that they have little or no
impact on adjacent residential neighborhoods.
Figure 3-14- Reduce Sign Impact
5. Sign placement. Place wall signs to establish facade rhythm, scale and proportion
where facade rhythm does not otherwise exist. On buildings that have a monolithic
or plain facade, signs can establish or continue appropriate design rhythm, scale,
and proportion.
Wall sign of consistent size and
placement establish facade rhythm.
Figure 3-15 - Sign Placement
6. Pedestrian -oriented signs are encouraged. It is desirable and encouraged to
include a pedestrian -oriented sign as one of the permitted signs for a business.
Pedestrian -oriented signs are signs that are designed for and directed toward
185
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Figure 3-15 - Sign Placement
6. Pedestrian -oriented signs are encouraged. It is desirable and encouraged to
include a pedestrian -oriented sign as one of the permitted signs for a business.
Pedestrian -oriented signs are signs that are designed for and directed toward
185
pedestrians so that they can easily and
comfortably read the sign as they stand adjacent
to the business.
Use individual letters. As an alternative to an
attached sign, lettering may be painted directly on
the building facade. However, signs should not be
painted directly over ornamental and architectural
features or over brick and stone surfaces of
buildings.
B. ColorError! Bookmark not defined.
Select colors carefully. Color is one of the most
important aspects of visual communication C it can
be used to catch the eye or to communicate ideas Figure 3-16 — Pedestrian -
or feelings. Colors should be selected to oriented Sian
contribute to legibility and design integrity. Even
the most carefully thought out sign may be unattractive and a poor communicator
because of poor color selection. Too many colors used thoughtlessly can confuse
and negate the message of a sign.
2. Use contrasting colors. Contrast is an important influence on the legibility of
signs. A substantial contrast should be provided between the color and material of
the background and the letters or symbols to make the sign easier to read in both
day and night. Light letters on a dark background or dark letters on a light
background are most legible.
Figure 3-17 Contrasting Letters and Background
Avoid using too many colors. Colors or color combinations that interfere with
legibility of the sign copy or that interfere with viewer identification of other signs
should be avoided. Small accents of several colors may make a sign unique and
attractive, but the competition of large areas of many different colors often
decreases readability.
4. Use complementary colors. Sign colors should complement the colors used on
the structures and the project as a whole.
C. MaterialsError! Bookmark not defined.
1. Sign materials. The following sign materials are recommended:
a. Wood (carved, sandblasted, etched, and properly sealed, primed and painted,
or stained).
186
b. Metal (formed, etched, cast, engraved, and properly primed and painted or
factory -coated to protect against corrosion).
c. High density pre -formed foam or similar material. New materials may be very
appropriate if properly designed in a manner consistent with these guidelines,
and painted or otherwise finished to compliment the architecture.
Custom neon tubing, in the form of graphics or lettering, may be incorporated
into several allowed sign types.
2. Compatibility of materials. Sign materials should be compatible with the design
of the face of the facade where they are placed. The selected materials should
contribute to the legibility of the sign. For example, glossy finishes are often
difficult to read because of glare and reflections.
3. Appropriate materials. Paper and cloth signs are not suitable for exterior use
(except on awnings) because they deteriorate quickly. Paper and cloth signs are
appropriate for interior temporary use only. The use of interior signs on paper or
cloth should be the result of careful thinking about readability and the image of the
business.
D. Sign LegibilityError! Bookmark not defined.
An effective sign should do more than attract attention, it should communicate a
message. Usually, this is a question of the readability of words and phrases. The most
significant influence on legibility is lettering.
Pedestrian -oriented signs. Make signs smaller if they are oriented to
pedestrians. The pedestrian -oriented sign is usually read from a distance of fifteen
to twenty feet; the vehicle -oriented sign is viewed from a much greater distance.
The closer a sign's viewing distance, the smaller that sign need be. See the Table
3-3.
TABLE 3-3
Lettering Size for Pedestrian -oriented Signs
Minimum Character
Size (inches)
Intended Reading
Distance (feet)
3.5
60
4.0
70
4.5
80
5.0
90
5.5 to 6.0
100
2. Use a brief message. A brief message should be used whenever possible. The
fewer the words, the more effective the sign. A sign with a brief, succinct message
is easier to read and looks more attractive. Evaluate each word. If the word does
not contribute directly to the basic message of the sign, it detracts from it and
probably should be deleted.
Space letters and words carefully. Letters and words should not be spaced too
closely. Crowding of letters, words or lines will make any sign more difficult to
187
read. Conversely, over -spacing these elements causes the viewer to read each
item individually, again obscuring the message. As a general rule, letters should
not occupy more than 75 percent of sign panel area.
4. Use symbols and logos. Symbols and logos can be used in place of words
wherever appropriate. Pictographic images will usually register more quickly in the
viewer's mind than a written message.
KEYS
Figure 3-18 Use of Symbols/Logos
Letters take up too much
of the sign area
DR1^11 iSSIV
Letters occupy approx. 75%
of the sign area (max.)
Figure 3-19 Letter Spacing
5. Limit the number of letter styles. The number of lettering styles should be
limited in order to increase legibility. A general rule to follow is to limit the number
of different letter types to no more than two for small signs and three for larger
signs. Intricate typefaces and symbols that are difficult to read reduce the sign's
ability to communicate.
E. Sign III uminationError! Bookmark not defined.
The possible illumination of a sign should be carefully considered. Like color,
illumination can provide more effective visual communication, or can confuse the
message. Imaginative and innovative lighting techniques for signs are encouraged.
1. Use illumination only if necessary. Consider if the sign needs to be lighted at
all. Lights in the window display may be sufficient to identify the business. This is
particularly true if good window graphics are used. Often, nearby street lights
provide ample illumination of a sign after dark.
Figure 3-20 Use of Existing Illumination
188
2. Use a direct light source. If the sign can be illuminated by a direct source of light
(e.g., spotlight), this is usually the best arrangement because the sign will appear
to be better integrated with the building's architecture. Light fixtures supported in
front of the structure cast light on the sign and generally a portion of the face of the
structure as well. Direct lighting emphasizes the continuity of the structure's
surface, and signs become an integral part of the facade. Direct lighting is also
appropriate because it produces a more intimate ambiance on the street. The
lighting of signs should be considered as an element in a building's overall lighting
design.
3. Shield the light source. Whenever direct
lighting fixtures are used (fluorescent or
incandescent), care should be taken to
properly shield the light source to prevent
glare from spilling over into residential areas
and any public right-of-way. Signs should
be lighted only to the minimum level
required for nighttime readability.
4. Back -lighted signs. Back -lighted, solid
letters are encouraged. Signs consisting of
opaque individually cut letters mounted
directly on a structure (push -through letters)
can often use a distinctive element of the
structure's facade as a backdrop, thereby
providing a better integration of the sign with
the structure.
Figure 3-21 Shielded Light Source
I�
Individual letters with interior
lighting ate encouraged
Backlit letter signs
Iare encouraged.
Figure 3-22 Back -Lighted Signs
CHAPTER 17.36 - STANDARDS FOR SPECIFIC LAND USESERRORI
BOOKMARK NOT DEFINED.
Sections:
17.36.010 - Purpose of Chapter
17.36.020 - Applicability
17.36.030 - Child Day Care Facilities
17.36.040 - Residential Care Facilities and Senior Apartments
17.36.050- Residential Density Bonus
17.36.060 - Home Occupations
17.36.070 - Mobile Home Parks
17.36.080 - Outdoor Display and Retail Activities
17.36.090 - Outdoor Storage
17.36.100 - Recreational Vehicle Parks
189
17.36.110 - Recycling Facilities
17.36.120 - Residential Accessory Uses and Structures
17.36.130 - Second Dwelling Units
17.36.140 - Telecommunications Facilities
17.36.010 - Purpose of ChapterError! Bookmark not defined.
This Chapter provides site planning and development standards for land uses that are
allowed by Article 2 (Land Use and Development Standards) in individual or multiple
zoning districts, and for activities that require special standards to mitigate potential
impacts.
17.36.020 - Applicability
Land uses and activities covered by this Chapter shall comply with the provisions applicable
to the specific use, in addition to all other applicable provisions of this Development Code.
A. Where allowed. The uses that are subject to the standards in this Chapter shall be
located in compliance with the requirements of Article 2 (Land Use and Development
Standards).
B. Land use permit requirements. The uses that are subject to the standards in this
Chapter shall be authorized by the land use permit required by Article 2, except where a
land use permit requirement is established by this Chapter for a specific use.
17.36.030 — Child Day Care Facilities
This Section provides location and operational standards for child day care facilities, in
compliance with State law and in a manner that recognizes the needs of child care operators
and minimizes effects on adjoining properties. These standards apply in addition to the other
provisions of this Development Code and the requirements of the California Department of
Social Services. Licensing by the Department of Social Services is required for all facilities.
The establishment of a child day care facility shall comply with Article 2 (Land Use and
Development Standards), and the following criteria and standards.
A. Small family day care homes (8 or fewer children). Allowed within a single-family
residence located in a residential zoning district.
B. Large family day care homes (9 to 14 children). Allowed within a single-family
residence located in a residential zoning district subject to a Minor Use Permit. The
review of the Minor Use Permit will be based upon compliance with the following
standards:
1. The facility shall comply with all applicable State and fire codes.
2. Location requirements. A separation of 300 feet shall be required from any other
large family day care home.
3. Fencing. A six-foot high fence or wall shall be constructed on all property lines or
around the outdoor activity areas, except in the front yard or within a traffic safety
visibility area.
4. Noise standards. The facility shall not exceed City noise limits as established by
the City's General Plan.
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5. Outdoor lighting. On-site exterior lighting shall be allowed for safety purposes
only, shall consist of low wattage fixtures, and shall be directed downward and
shielded.
6. Parking. Parking shall be provided in compliance with Chapter 17.32 (Parking
Standards).
7. Swimming pools/spas prohibited. No swimming pool/spa shall be installed on the
site after establishment of the family day care center, due to the high risk and
human safety considerations. Any pool/spa existing on the site prior to
application for approval of a family day care center shall be removed prior to
establishment of the use, unless the Director determines that adequate, secure
separation exists between the pool/spa and the facilities used by the children.
C. Child day care centers (15 or more children). Allowed in the zoning districts
determined by Article 2 (Land Use and Development Standards), subject to Use Permit
approval, in compliance with Section 17.40.040 and the following standards:
1. Standards for child day care centers. The following standards shall apply to
child day care centers.
a. Size. The minimum parcel size for a child day care center shall be 10,000
square feet;
b. Parking. Off-street parking shall be as determined through Use Permit
approval, but shall be a minimum of one space per employee, plus one
space for each five children.
G. Pick-up and Drop-off zone. A safe area for picking up and dropping off
children shall be provided. This activity shall only be allowed in a driveway,
in an approved parking area, or in an area with direct access to the facility.
d. Noise. Potential noise sources shall be identified during the Use Permit
process, and noise attenuation and sound dampening shall be addressed.
Noise levels shall be in compliance with the most recent guidelines of the
Noise Element of the General Plan.
e. Outdoor lighting. On-site exterior lighting shall be allowed for safety
purposes only, shall consist of low wattage fixtures, and shall be directed
downward and shielded.
f. Fencing. A six-foot high fence or wall shall be constructed on all property
lines or around the outdoor activity areas, except in the front yard or within
a traffic safety visibility area.
g. Alternative standards. Alternatives to the standards of this Section may
be authorized through the Use Permit approval if the review authority
determines that:
(1) The intent of these standards is met; and
(2) There will be no detriment to surrounding properties or residents.
17.36.040 - Residential Care Facilities and Senior Apartments
191
A. Applicability: Residential care facilities shall be allowed as follows.
Residential Care Facility with six or fewer residents. Allowed within a single-
family residence located in a residential zoning district.
2. Residential Care Facility with seven or more residents. Allowed as described
in Article 2 (Land Use, General Development Standards, Design Guidelines)
subject to a Use Permit. The review of the Use Permit will be based upon
compliance with the following standards:
a. Limitation on impacts. The use shall not create impacts on surrounding
properties neighborhoods that are no more significant than would be
caused by standard multi -family rental projects.
b. Parking reduction. The review authority may grant a reduction in off-
street parking requirements for a residential care facility, provided that the
project shall include the following when a parking reduction is proposed:
(1) A minimum of five percent of the total indoor floor area shall be
devoted to educational, recreational, and social facilities (e.g., library,
multi-purpose common room, recreation room, TV room); and
(2) Common laundry facilities of sufficient number and accessibility,
consistent with the number of living units.
C. Location requirements. A separation of 300 feet shall be required from
any other residential care facility.
Project changes. If a residential care facility approved in compliance with this
Section is changed to another use (for example, the project converts to a
conventional unrestricted multi -family project), the project shall be modified to
meet all applicable standards of this Development Code.
B. Senior apartments and independent living centers. Senior apartments and
independent living centers are multi -family residential projects reserved for senior
citizens, where common facilities may be provided (for example, recreation areas), but
where each dwelling unit has individual living, sleeping, bathing, and kitchen facilities.
General design standards. Senior apartments and independent living centers
shall comply with the provisions of Chapter 17.18 (Residential Zoning Districts),
except as otherwise provided by this Section.
2. Off-street parking. Off-street parking shall comply with Chapter 17.32 (Off -
Street Parking and Loading). The review authority may restrict the total number
of resident cars to be parked on-site or designate specified on-site parking
spaces for employee or visitor parking only.
3. Additional uses. Additional facilities, including skilled nursing and/or
intermediate care facilities, and personal services (for example, beauty salon,
physical therapy) may be allowed through Use Permit approval, without requiring
additional parking, provided that these facilities shall only be for the private use of
project residents.
17.36.050 - Residential Density Bonus
192
A. Purpose. The Residential Density Bonus provisions of this Code are adopted pursuant
to the provisions of California Government Code Sections 65915-65918. The purpose of
adopting this Chapter is to encourage affordable housing by providing the incentive of
increased density and such other Incentives provided by this Chapter.
B. Definitions.
1. Approving Authority is as defined in this Development Code.
2. Child Care Facility means a child day care facility other than a family day care
home, including, but not limited to, infant centers, preschools, extended day care
facilities, and school-age child care centers.
3. Density Bonus means an increase in density over the otherwise maximum
allowable residential density under the applicable general plan designation as of
the date of filing of an application for Density Bonus with City.
4. Development Standard means the site, development, or construction standards
and/or conditions of approval that apply to a residential development.
5. Housing Development means one or more groups of projects for residential
units constructed within a Large Lot Parcel. For the purposes of this chapter,
"Housing Development" also includes a subdivision or common interest
development as defined in Section 1351 of the Civil Code and consists of
residential units or unimproved residential lots.
6. Incentive means a reduction in site development standards or a modification of
zoning code requirements or architectural design requirements that exceed the
minimum building standards approved by the California Building Standards
Commission. An Incentive can be requested by the applicant for purposes of
reducing the cost of development to make the project financially feasible. The
term "Incentive" includes the term "concession" as that term is used in California
Government Code Section 65915-65918.
7. Low Income is defined as less than 80% of the area median income, as defined
by Section 50079.5 of the California Health and Safety Code.
8. Low Income Unit is defined as a unit with an affordable rent or payment that
does not exceed 30% of 60% of area median income adjusted for family size
appropriate for the unit.
9. Moderate Income is defined as less than 120% of the area median income, as
defined in Section 50093 of the California Health and Safety Code.
10. Moderate Income Unit is defined as a unit with an affordable rent or payment
that does not exceed 35% of 110% of area median income adjusted for family
size appropriate for the unit.
11. Very Low Income is defined as less than 50% of the area median income, as
defined in Section 50105 of the California Health and Safety Code.
12. Very Low Income Unit is defined as a unit with an affordable rent or payment
that does not exceed 30% of 50% of the area median income, adjusted for family
size appropriate for the unit.
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13. Senior Citizen Housing Development is defined as a housing project where
residency is restricted to persons 62 years of age or older, or 55 years of age or
older in a Senior Citizen Housing Development per Sections 51.3 and 51.12 of
the California Civil Code.
C. Application Requirements
A Density Bonus may be approved pursuant to a request for approval of a Density
Bonus, provided the request complies with the provisions of this Chapter. Each
application for a density bonus request shall be accompanied by the following:
1. A site plan that identifies all units in the project including the location of the
affordable units and the bonus units.
2. A narrative briefly describing the Housing Development and shall include
information on:
a. The number of units permitted under the General Plan,
b. The total number of units proposed in the project,
C. The number of affordable and/or senior units,
d. The number of bonus units requested based on Table 3-5,
e. A breakdown of units proposed for Very Low, Low, Moderate Income,
Senior Citizen, and/or market rate units, and
f. Any requested Incentive(s), including an explanation as to why the
Incentive(s) is required for the Housing Development.
3. Information indicating that appropriate and sufficient infrastructure capacity is
available to serve the Bonus Units.
4. Any such additional information in support of a request for a Density Bonus as
may be requested by the Director.
D. Eligibility for Bonus
A developer of a Housing Development containing five or more units may qualify for a
Density Bonus and at least one other Incentive as provided by this Chapter if the
developer does one of the following:
1. Agrees to construct and maintain at least 5 percent of the units dedicated to Very
Low Income households;
2. Agrees to construct and maintain at least 10 percent of the units dedicated to
Lower Income households;
3. Agrees to construct and maintain at least 10 percent of the units in a common
interest development (as defined in Section 1351 of the California Civil Code)
dedicated to Moderate Income households, provided that all units in the
development are offered to the public for purchase;
4. Agrees to construct and maintain a Senior Citizen Housing Development as
defined in Section 17.36.040 of this Chapter;
194
5. Includes a qualifying Child Care Facility as described in Section 17.36.030 of this
Chapter in addition to providing housing as described in items 1-3 of this Section.
E. Density Bonus Calculation and Allowance
State Law Preemption. Pursuant to State Law, the granting of a Density Bonus
or the granting of a Density Bonus together with an Incentive(s) shall not be
interpreted, in and of itself, to require a general plan amendment, specific plan
amendment, rezone, or other discretionary approvals.
2. Density Bonus Calculation. An applicant must choose a Density Bonus from
only one applicable affordability category in below Subsection 3 and may not
combine categories with the exception of child care facilities, which may be
combined with an affordable Housing Development, for an additional Density
Bonus up to a combined maximum of 35 percent.
Density Bonus Allowance. In calculating the number of units required for Very
Low, Low and Moderate Income households, the Density Bonus units shall not
be included. In no event shall a Density Bonus exceed 35 percent. A Housing
Development that satisfies all applicable provisions of this Chapter shall be
allowed the Density Bonuses as described in Table 3-4:
TABLE 3-4
Density Bonus
Minimum Affordability
Density Bonus
Increase in Density
Category
Required
Permitted
Bonus Permitted
At least 5% of the total
An additional 2.5% density
units of a housing
bonus increase for each
Very Low
development are
20 to 35%
additional 1% increase in
restricted for very low
very low income units
'Income
income households
above the initial 5/0
threshold
At least 10% of the total
An additional 1.5% density
units of a housing
bonus increase for each
Low Income
development are
20 to 35%
additional 1 % increase in
restricted for low income
low income units above
households
the initial 10% threshold
At least 10% of the total
An additional 1% density
dwelling units in a
bonus increase for each
Moderate
common interest
additional 1% increase in
Income
development are
5 to 35%
moderate income units
restricted for
persons/families of
above the initial 10%
moderate income
threshold
Senior
No affordability
20%
No affordability
requirement
requirement
Incorporation of a child
Child Care
care facility as part of a
As determined
N/A
project that is eligible for
by the Director
a density bonus
195
F. Eligibility and Application Requirements for Incentives
1. Available Incentives. A Housing Development qualifying for a Density Bonus
may be entitled to at least one Incentive. Incentives may include, but are not
limited to:
a. A reduction in site development standards such as:
(1) Reduced minimum lot sizes and/or dimensions;
(2) Reduced minimum lot setbacks;
(3) Reduced minimum outdoor and/or private outdoor living area;
(4) Increased maximum lot coverage;
(5) Increased maximum building height and/or stories;
(6) Reduced on-site parking requirements;
(7) Reduced street standards.
b. A reduction in architectural design requirements.
C. A Density Bonus greater than the amount required by this Chapter.
d. Other regulatory Incentives proposed by the developer or the City, which
result in identifiable, financially sufficient, and actual cost reductions.
e. If an applicant qualifies for a Density Bonus pursuant to this Chapter, the
applicant may request, in addition to any requested Incentive(s), that the a
reduced parking requirement be applied to the project in place of the City's
current parking requirements. The parking requirement is inclusive of
handicapped and guest parking for the entire Housing Development, but
shall not include on -street parking spaces in the count towards the parking
requirement.
G. Child Care Facilities
1. Child Care Facility Density Bonus. When an applicant proposes to construct a
Housing Development that is eligible for a Density Bonus under this Chapter and
California Government Code Section 65917.5, and includes a Child Care Facility
that will be located on the premises or adjacent to the Housing Development, the
City shall grant either:
a. An additional Density Bonus that is an amount determined by the Director;
or
b. An additional Incentive that contributes significantly to the economic
feasibility of the construction of the Child Care Facility.
2. Child Care Facility Requirements. The City shall require, as a condition of
approving the Housing Development, that the following occur:
a. The Child Care Facility shall remain in operation for a period of time that is
as long as or longer than the period of time during which the affordable
196
units are required to remain affordable per this Chapter; and
Of the children who attend the Child Care Facility, the children of Very Low
Income households, Low Income households or families of Moderate
Income households shall equal a percentage that is equal to or greater
than the percentage of affordable units in the Housing Development that
are required for Very Low, Low or families of Moderate Income households.
Child Care Facility Criteria. The City shall not be required to provide a Density
Bonus or Incentive for a Child Care Facility if it finds, based upon substantial
evidence, that the community has adequate child care facilities.
H. General Guidelines
Location of Bonus Units. As required by California Government Code Section
65915(g), the location of Density Bonus units within the qualifying Housing
Development may be at the discretion of the developer, and need not be in the
same area of the project where the units for the Low Income households are
located as long as the Density Bonus units are located within the same Housing
Development.
2. Infrastructure and Supply Capacity. Criteria to be considered in analyzing the
requested bonus will include the availability and capacity of infrastructure (water,
sewer, storm drain, road capacity, etc.) and water supply to accommodate the
additional density.
I. Findings for Approval for Density Bonus and or Incentive(s).
Density Bonus Approval. The following finding shall be made by the Approving
Authority in order to approve a Density Bonus request:
a. The Density Bonus request meets the requirements of this Chapter.
2. Density Bonus Approval with Incentive(s). The following findings shall be
made by the Approving Authority in order to approve a Density Bonus and
Incentive(s) request:
a. The Density Bonus request meets the requirements of this Chapter;
b. The Incentive is required in order to provide affordable housing; and
c. Approval of the Incentive(s) will have no specific adverse impacts upon
health, safety, or the physical environment or on any real property that is
listed in the California Register of Historical Resources and for which there is
no feasible method to satisfactorily mitigate or avoid the specific adverse
impact without rendering the development unaffordable to Very Low, Low,
and Moderate Income households.
3. Denial of a Request for an Incentive(s). The Approving Authority shall make
the following findings prior to disallowing an Incentive (in the case where an
accompanying Density Bonus may be approved, or in the case of where an
Incentive(s) is requested for Senior Housing or Child Care Facility):
a. That the Incentive is not necessary in order to provide for affordable housing
costs or for rents for the targeted units to be set as specified in this Chapter.
197
That the Incentive would result in specific adverse impacts upon health,
safety, or the physical environment or on any real property that is listed in the
California Register of Historical Resources and for which there is no feasible
method to satisfactorily mitigate or avoid the specific adverse impact without
rendering the development unaffordable to Very Low, Low, and Moderate
Income households.
J. Affordable Housing Agreement Required.
Agreement Required. In approving a Density Bonus, the associated permit or
tentative map shall require that an Affordable Housing Agreement, or other form
of agreement as approved by the City Attorney, effectuating the terms of
affordability of the development be executed prior to effectuation of the permit or
recordation of the final map or issuance of a building permit.
2. Continued Availability. The Density Bonus request shall include the procedures
proposed by the developer to maintain the continued affordability of all affordable
income Density Bonus units and shall be evidenced by an Affordable Housing
Agreement as follows:
a. An applicant shall agree to, and the City shall ensure, continued affordability
of all Very Low and Low Income Units that qualified the applicant for the
award of the Density Bonus for 30 years or a longer period of time if required
by the construction or mortgage financing assistance program, mortgage
insurance program, or rental subsidy program. Rents for the Lower Income
Density Bonus units shall be set at an affordable rent as defined in Section
17.36.050.13 of this Chapter. Owner -occupied units shall be available at an
affordable housing cost as defined in Section 17.36.050.13 of this Chapter.
b. An applicant shall agree to, and the City shall ensure that, the initial
occupants of the Moderate Income units are directly related to the receipt of
the Density Bonus in the common interest development as defined in Section
1351 of the California Civil Code, are persons and families of Moderate
Income, as defined in Section 17.36.050.B of this Chapter and that the units
are offered at an affordable housing cost, as that cost is defined in Section
17.36.050.B of this Chapter. The City shall enforce an equity -sharing
agreement unless it is in conflict with the requirements of another public
funding source or law. The following apply to the equity -sharing agreement:
(1) Upon resale, the seller of the unit shall retain the value of any
improvements, the down payment, and the seller's proportionate
share of appreciation. The City shall recapture any initial subsidy and
its proportionate share of appreciation, which shall then be used
within three years for any of the purposes described in subdivision (e)
of Section 33334.2 of the California Health and Safety Code that
promote homeownership.
(2) For purposes of this subdivision, the City's initial subsidy shall be
equal to the fair market value of the home at the time of initial sale
minus the initial sale price to the moderate -income household plus
the amount of any down payment assistance or mortgage assistance.
If upon resale the market value is lower than the initial market value,
then the value at the time of the resale shall be used as the initial
market value.
(3) For purposes of this subdivision, the City's proportionate share of
198
appreciation shall be equal to the ratio of the initial subsidy to the fair
market value of the home at the time of initial sale.
17.36.060 - Home Occupations
The following standards for home occupations are intended to provide reasonable
opportunities for employment within the home, while avoiding changes to the residential
character of a dwelling that accommodates a home occupation, or the surrounding
neighborhood, where allowed by Article 2 (Land Use and Development Standards).
A. Business License required. A home occupation shall require a City Business
License.
B. Limitations on use. The following are examples of business activities that may be
approved as home occupations, and uses that are prohibited as home occupations.
1. Uses allowed as home occupations. The following and other uses determined
by the Director to be similar may be approved by the Director in compliance with
this Section.
a. Art and craft work (ceramics, painting, photography, sculpture, etc.);
b. Tailors, sewing, etc.; and
C. Office -only uses, including an office for an architect, attorney, consultant,
counselor, insurance agent, planner, tutor, writer, etc., and electronic
commerce.
2. Uses prohibited as home occupations. The following are examples of
business activities that are not incidental to or compatible with residential
activities, and are, therefore, prohibited as home occupations:
a. Adult entertainment activities/businesses;
b. Animal hospitals and boarding facilities;
C. Automotive and other vehicle repair and service (body or mechanical),
painting, storage, or upholstery, or the repair, reconditioning, servicing, or
manufacture of any internal combustion or diesel engines, or of any motor
vehicle, including automobiles, boats, motorcycles, or trucks;
d. Contractor's and other storage yards;
e. Dismantling, junk, or scrap yards;
f. Fitness/health facilities (except that one-on-one personal trainers may be
allowed);
g. Medical clinics, laboratories, or doctor's offices;
h. Personal services as defined in Article 7 (Definitions), except that licensed
massage therapy and physical therapy may be allowed as home
occupations in compliance with this Section;
199
Parking on, or dispatching from the site any vehicle used in conjunction
with an automobile wrecking or towing service, or with a taxi or similar
passenger or delivery service, whether based on the site or elsewhere;
j. On-site sales, except that mail order businesses may be allowed where
there is no stock -in -trade on the site;
k. Uses that require explosives or highly combustible or toxic materials;
Welding and machine shop operations;
m. Wood cutting businesses;
n. Barber/beauty/nail shops;
o. Dance/night clubs;
p. Food preparation for commercial purposes;
q. Fortune telling (psychics);
r. Photography studios (not including photo processing);
S. Plant nursery;
t. Retail or wholesale sales of products stored at the residence, except that
mail order businesses may be allowed where there is no stock -in -trade on
the site, and
U. Other uses the Director determines to be similar to those listed above.
C. Operating standards. Home occupations shall comply with all of the following
operating standards.
1. Accessory use. The home occupation shall be clearly secondary to the full-time
use of the property as a residence.
2. Location of home occupation activities. All home occupation activities shall
be confined to one room within the primary dwelling, which shall not occupy more
than 25 percent of the gross floor area of the ground floor. A garage or other
enclosed accessory structure may be used for home occupation purposes only if
required off-street parking spaces are continually maintained. Horticulture
activities may be conducted outdoors, but only on the rear one-third of the site.
3. Visibility. The use shall not require any exterior modification to the structure not
customarily found in a dwelling, nor shall the home occupation activity be visible
from a public right-of-way, or from neighboring residential properties.
4. Signs. No signs are permitted in conjunction with the use, other than one name
plate, not exceeding one square foot in area, and only if attached flush to a wall
of the structure. There shall be no advertising signs.
5. Safety. Activities conducted and equipment or material used shall not change
the fire safety or occupancy classifications of the premises. The use shall not
employ the storage of explosive, flammable, or hazardous materials beyond
those normally associated with a residential use.
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6. Off-site effects. No home occupation activity shall create dust, electrical
interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous
materials, vibration, or other hazards or nuisances as determined by the Director.
7. Outdoor display or storage. There shall be no window display or outdoor
storage or display of equipment, materials, or supplies associated with the home
occupation. Tools or equipment connected with the business shall be operated
so as to be imperceptible at or beyond the property line.
8. Employees. A home occupation shall have no on-site employees other than full-
time residents of the dwelling.
9. Client/customer visits. The home occupation shall involve no on-site clients
except for:
a. Home occupations in live/work units,
Tutoring or instruction of children by appointment; and
G. Applicants with a demonstrated mobility handicap.
10. Motor vehicles. There shall be no motor vehicles used or kept on the premises,
except residents' passenger vehicles, and/or one pickup truck, van, or similar
vehicle not exceeding 1.5 ton carrying capacity. The home occupation shall not
involve the use of commercial vehicles for delivery of materials to or from the
premises in a manner different from normal residential usage, except for FedEx,
UPS, or USPS -type home deliveries/pick-ups. The Commission may authorize
other types and/or additional vehicles with Use Permit approval.
11. Utility service modifications. No utility service to the dwelling shall be modified
solely to accommodate a home occupation, other than as required for normal
residential use.
D. Home working operations. Small-scale commercial wood and metal working may be
authorized by Minor Use Permit as a home occupation, provided that the review
authority may require conditions of approval limiting hours of operation, noise levels,
and/or any other aspect of the operation, to ensure compatibility with on-site and
adjacent residential uses.
17.36.070 - Mobile Home Parks
A proposed mobile home park shall comply with the following minimum standards. The
review authority may impose additional, more restrictive, requirements in the interest of
public health, safety, and welfare, to the extent allowed by State law.
A. Overall mobile home park site standards. The site for the mobile home park shall
comply with the following standards.
Minimum site area: 20 acres.
2. Maximum density: 10 units per acre.
3. Boundary landscape building setback. Each park shall provide a building
setback and a planting strip of at least 10 feet in width where trees shall be
planted and where general screening and/or a fence shall be provided. Where
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any portion of the park fronts on a public street or right-of-way, the setback shall
be 25 feet.
4. Perimeter wall/fence. A six-foot high solid masonry wall shall be provided
around the entire perimeter of the mobile home park subject to the setback
requirements of this Section.
5. Parking. Parking shall be provided in compliance with Chapter 17.32 (Parking
and Loading).
6. Recreational vehicle parking. A supplemental parking area for recreational
vehicles may be allowed as part of the Use Permit approval for the project.
7. Accessory uses. A mobile home park may contain accessory retail and service
uses for the convenience of the residents provided that these uses shall be
specifically authorized by the park Use Permit.
B. Individual mobile home site standards. Each individual mobile home site shall
comply with the following standards.
1. Minimum site area. Individual mobile home sites and contiguous public
walkway areas shall contain a minimum of 3,000 square feet of area for a single -
wide mobile home unit and 4,000 square feet for a double -wide mobile home.
2. Parcel dimensions. Individual mobile home parcels shall be a minimum of 40
feet in width and 70 feet in length.
3. Setbacks. Individual mobile homes shall be set back five feet from all lot lines,
including front and rear, except for any side or rear line abutting the mobile home
park property line, in which case the minimum setback shall be 25 feet.
4. Carport. Each mobile home site shall be provided an individual carport, with its
location and design as approved through the mobile home park Use Permit.
17.36.080 - Outdoor Display and Retail ActivitiesError! Bookmark not
defined.
A. Accessory outdoor display. Outdoor displays incidental and complementary to an
allowed use on commercially or publicly zoned parcels shall comply with the following
standards.
1. An outdoor display shall be:
a. Appropriately located and designed in a manner and color to be compatible
with the adjacent structures;
b. Approved with a defined fixed location that does not disrupt the normal
function of the site or its circulation, and does not encroach upon
driveways, landscaped areas, parking spaces, or any public right-of-way
except in the DMU zone with Encroachment Permit approval. No display
shall obstruct traffic safety sight areas or otherwise create hazards for
vehicle or pedestrian traffic;
G. Directly related to a business occupying a permanent structure on the site;
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d. Limited to on-site locations; provided that a display within the DMU zone
may extend into or enter over any public sidewalk by a maximum of two
feet, where authorized by an Encroachment Permit;
e. Managed so that display structures and goods are maintained at all times
in a clean and neat condition, and in good repair;
f. Placed so that the clear space for the passage of pedestrians is not
reduced to less than six feet. Any placement on a public sidewalk or
otherwise within a public right-of-way shall be prohibited, except within the
downtown where such placement shall require Encroachment Permit
approval;
g. Placed to not block structure entrances and on-site driveways; and
h. Portable and removed from public view at the close of each business day.
2. Outdoor displays shall not be:
a. Placed so as to impede or interfere with the reasonable use of the store
front windows for display purposes; and
b. Placed in front of a business that does not normally sell the items on
display.
3. Signs. The outdoor display shall not involve signs other than those normally
allowed for the subject use by Chapter 17.34 (Signs).
B. Newsstands and flower stands.
1. Location requirements. News and flower stands shall:
a. Be located parallel and adjacent to the wall of a structure, and shall not
extend over any public sidewalk except within the DMU zoning district.
Freestanding news and flower stands are allowed only as roofed kiosks;
b. Not be located:
(1) Within three feet of a display window of any structure abutting the
sidewalk, or so as to interfere with or restrict the reasonable use of
the window for display purposes;
(2) Within 1,000 feet of another news or flower stand, or florist, provided
that this requirement may be reduced by the Director if the proposed
use is determined not to be detrimental to public safety and welfare.
2. Design and construction requirements.
a. Stands shall be soundly constructed of wood, metal, or other suitable
permanent material, and designed in a manner and color to be compatible
with the adjacent structures whether opened or closed. Security doors
shall be designed as an integral part of the structure.
b. Shelving shall not exceed eight feet in height nor two feet in depth.
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3. Maintenance. The news or flower stand shall be maintained in a clean and neat
condition and in good repair, at all times.
4. Signs.
a. Stands shall not be used for advertising or publicity purposes. Signs shall
be for identification only, with size and design in compliance with Chapter
17.34 (Signs).
b. The owners or operators of the outdoor news or flower stand shall display,
in a place readily visible to the public, a telephone number and address
where the owners may be reached.
5. Parking. In approving an outdoor news or flower stand, the Director shall
determine that some on-site parking or adequate on -street or other public parking
is available in a commercial zoning district within a reasonable distance of the
stand.
6. Additional product sales. In addition to the sale of newspapers, magazines,
and other periodicals, for newsstands, and flowers and plants, for flower stands,
the owners or operators may sell other related accessory products, not to exceed
10 percent of the total merchandise displayed.
7. Encroachment Permit. If a news or flower stand is proposed within a public
right-of-way, the owners or operators shall apply for an Encroachment Permit
from the Public Works Department before applying for approval of the stand by
the Department.
8. Hours of operation. Hours of operation of news and flower stands shall be
determined by the Director and shall be posted on-site.
17.36.090 - Outdoor StorageError! Bookmark not defined.
This Section provides standards for the establishment of outdoor storage areas, in
compliance with Article 2 (Land Use and Development Standards).
A. Location. Storage areas shall be limited to areas not designated for parking, setbacks,
or landscaping.
B. Enclosure required. An outdoor area used for storage shall be completely enclosed
by a solid masonry wall and solid gate. The Director may allow the substitution of a
fence or hedge, after determining that the substitution will adequately comply with the
provisions of this Section. The required fence or wall shall:
1. Be not less than six feet;
2. Incorporate design elements to limit easy climbing and access by unauthorized
persons;
3. Walls abutting a right-of-way shall comply with Section 17.14.100 (Walls, Fences,
and Hedges); and
4. Be subject to approval by the Director.
C. Operations. All raw materials, equipment, or finished products stored or displayed
shall:
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1. Be stored in a manner that they cannot be blown by wind from the enclosed
storage area,
2. Except in the M zoning district, not be stored above the height of the enclosing
wall or fence within 10 feet of the wall or fence (fence height shall comply with
Section 17.14.100);
3. Not be placed or allowed to remain outside the enclosed storage area; and
4. Be stored on a surface paved with asphalt or concrete.
D. Maintenance. All portions of outside storage and display areas shall have provisions
for adequate drainage, and shall be continuously maintained.
17.36.100 - Recreational Vehicle Parks
The location, development and operation of a recreational vehicle (RV) park shall comply
with the following requirements.
A. Minimum site area. The site for an RV park shall be a minimum of one acre, when not
part of a mobile home park.
B. Maximum density. The number of RV spaces in a park shall not exceed 15 units per
acre of site area.
C. Parking space area and width. Each RV space shall be at least 1,800 square feet in
area, and a minimum width of 30 feet.
D. Setbacks. Each recreational vehicle space shall be located a minimum of five feet
from any side property line and 10 feet from any rear property line.
E. Screening. A minimum 25 -foot wide landscaped buffer area shall be provided along
all public streets adjoining the park. A minimum 10 -foot wide landscaped buffer area
shall be provided along all interior property lines. No RV space shall encroach into the
landscaped buffer areas.
F. Parking. One parking spur shall be provided for each RV space. The maximum grade
for the last 25 feet of any spur shall be two percent. At least 70 percent of all spurs
shall be designed to accommodate both a motor vehicle (e.g., auto, truck, etc.) and a
trailer. Parking spurs shall not be located closer together than 40 feet on center.
G. Roadways. Each RV space shall abut and have direct access to a roadway of at least
24 feet in width, which shall be surfaced with asphaltic concrete, or an appropriate
alternative approved by the review authority.
N. Signs.
1. Sign program. An overall sign program shall be prepared for each RV park,
including any proposed free-standing signs and signs on structures. The plan
may also provide for internal signs (those not visible from off-site roadways or
adjoining property) that are strictly directional in nature.
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2. Allowable signs and sign area. An RV park shall be allowed up to 80 square
feet of sign area visible from external roadways and adjoining property,
consisting of up to two free-standing signs and one wall sign.
a. A single sign shall not exceed 40 square feet in total area.
b. The maximum height of a free-standing sign shall be 25 feet.
I. Accessory commercial uses. An RV park may provide commercial uses for the
convenience of campers as approved by the review authority, provided that the uses
shall not occupy more than 500 square feet for each 50 spaces.
J. Manager's quarters. Living quarters may be provided for the use of a caretaker or
manager. The living quarters may be either a mobile home or permanent dwelling unit.
17.36.110 - Recycling FaciIitiesError! Bookmark not defined.
This Section provides locational and operational standards for the establishment of various
types and sizes of commercial recycling facilities, in compliance with Article 2 (Land Use and
Development Standards). Recycling facilities shall comply with the following standards.
A. Reverse vending machines. Reverse vending machines shall comply with the
following standards.
1. Accessory use only. The machines shall be installed as an accessory use in
compliance with the applicable provisions of this Development Code, and shall
not require additional parking.
2. Location requirements. If located outside of a structure, the machines shall not
occupy required parking spaces, and shall be constructed of durable waterproof
and rustproof materials.
3. Maximum size. When located outdoors, the area occupied by the machines
shall not exceed 50 square feet, including any protective enclosure, nor eight feet
in height.
4. Signs. Signs shall not exceed a maximum area of four square feet for each
machine, exclusive of operating instructions.
5. Hours of operation. The machines shall have operating hours which are
consistent with the operating hours of the primary use.
6. Lighting. The machines shall be illuminated when needed to ensure
comfortable and safe operation.
B. Small collection facilities. Small collection facilities shall comply with the following
standards.
1. Location requirements. Small collection facilities shall:
a. Not be located within 50 feet of any parcel zoned or occupied for residential
use, and
b. Be set back at least 10 feet from any public right-of-way, and not obstruct
vehicular or pedestrian circulation.
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2. Maximum size. A small collection facility shall not occupy more than 350 square
feet nor three parking spaces, not including space that would be periodically
needed for the removal of materials or exchange of containers.
3. Appearance of facility. Collection containers and site fencing shall be of a color
and design that is compatible and harmonious with the surrounding uses and
neighborhoods.
4. Operating standards. Small collection facilities shall:
a. Not use power -driven processing equipment, except for reverse vending
machines;
b. Accept only glass, metal or plastic containers, paper, and reusable items;
and
C. Use containers that are constructed with durable waterproof and rustproof
material(s), secured from unauthorized removal of material, and shall be of
a capacity sufficient to accommodate materials collected and the collection
schedule.
5. Signs. Signs may be provided as follows:
a. Identification signs are allowed with a maximum area of 15 percent for each
side of the structure or 12 square feet, whichever is greater. In the case of
a wheeled facility, the side shall be measured from the ground to the top of
the container;
b. Signs shall be both compatible and harmonious with the character of their
location; and
C. Directional signs, consistent with Chapter 17.34 (Signs) and without
advertising message, may be approved by the Director if found necessary
to facilitate traffic circulation, or if the facility is not visible from the public
right-of-way.
6. Parking requirements.
a. No additional parking space shall be required for customers of a small
collection facility located in the established parking lot of the main use.
One space shall be provided for the attendant, if needed.
b. Mobile recycling units shall have an area clearly marked to prohibit other
vehicular parking during hours when the mobile unit is scheduled to be
present; and
C. Use of parking spaces by the patrons and the attendant shall not reduce
available parking spaces below the minimum number required for the main
use unless a parking study shows that existing capacity is not fully utilized
during the time the recycling facility would be on the site.
C. Large collection facilities. A collection facility that is larger than 350 square feet, or
on a separate parcel not accessory to a primary use, shall comply with the following
standards.
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Location requirements. The facility shall not abut a parcel zoned for residential
use.
2. Container location. Any containers provided for "after hours" donation of
recyclable materials shall be permanently located at least 100 feet from any
residential zoning district, constructed of sturdy, rustproof material(s), have
sufficient capacity to accommodate materials collected, and be secured from
unauthorized entry or removal of materials; and
3. Screening. The facility shall be screened from public rights-of-way, by solid
masonry walls or located within an enclosed structure.
4. Setbacks, landscaping. Structure setbacks and landscaping shall be provided
as required for the applicable zoning district.
5. Outdoor storage. Exterior storage of material shall be in sturdy containers that
are secured and maintained in good condition. Storage, excluding truck trailers,
shall not be visible above the height of the required solid masonry walls.
6. Operating standards.
a. The site shall be maintained clean, sanitary, and free of litter and any other
undesirable materials, and shall be cleaned of loose debris on a daily
basis;
b. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be
detectable on adjoining parcels.
D. Processing facilities. Processing facilities shall comply with the following standards.
1. Location requirements. The facility shall not abut a parcel zoned or occupied
for residential use.
2. Limitation on use. Light processing facilities are limited to baling, briquetting,
compacting, crushing, grinding, shredding, and sorting of source -separated
recyclable materials and repairing of reusable materials.
3. Maximum size.
a. A light processing facility shall not exceed 45,000 square feet of floor or
ground area, may have up to an average of two outbound truck shipments
of material each day, and shall not bale, compact, or shred ferrous metals,
other than beverage and food containers;
b. A heavy processing facility exceeds the standards for a light processing
facility, and may perform functions not allowed at light processing facilities.
4. Container location. Containers provided for "after hours" donation of recyclable
materials shall be permanently located at least 100 feet from any residential
zoning district, constructed of sturdy, rustproof materials, have sufficient capacity
to accommodate materials collected, and be secured from unauthorized entry or
removal of the materials.
5. Screening. The facility shall be screened from public rights-of-way, by solid
masonry walls or located within an enclosed structure.
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6. Outdoor storage. Exterior storage of material shall be in sturdy containers or
enclosures that are secured and maintained in good condition. Storage,
excluding truck trailers, shall not be visible above the height of the required solid
masonry walls.
7. Operating standards. Dust, fumes, odor, smoke, or vibration, above ambient
levels, shall not be detectable on adjoining parcels.
17.36.120 - Residential Accessory Uses and Structures
Where allowed in the applicable zoning district by Article 2 (Land Use and Development
Standards), residential accessory uses and structures shall comply with the following criteria
and standards.
A. Relationship of accessory use or structure to the main use. Accessory uses and
structures shall be incidental to and not alter the main use or character of the site.
B. Timing of installation. An accessory structure shall be constructed concurrent with or
subsequent to the construction of a main structure on the property unless a Use Permit
is first obtained in compliance with Section 17.40.040 (Use Permits).
C. Location. The location of all accessory structures shall comply with all applicable
California Building Code standards, and the following requirements:
1. A structure greater than 30 inches in height above finished grade and attached to
a main structure shall comply with the requirements for the main structure. A
detached structure (deck or patio) greater than 30 inches in height shall not be
constructed in a required setback unless Director approval is first obtained;
2. An accessory structure greater than 120 square feet shall not be closer than
three feet to any other accessory structure on the same property, and shall
comply with all other requirements of the applicable zoning district. An accessory
structure shall not be located within a required front yard setback and shall
maintain side and rear setbacks of at least five feet;
3. An accessory structure that is 120 square feet or less shall not be located closer
than three feet to a rear or side property line;
4. An accessory structure shall not be located in a required front yard, except that
decorative garden structures (e.g., small trellis or archway) shall be allowed.
D. Maximum number of accessory structures. A maximum of two accessory structures
shall be allowed on any residentially zoned or residentially used property unless Site
Plan and Architectural Approval is first obtained.
E. Height limitations.
1. The height of an accessory structure that is 120 square feet or less shall not
exceed eight feet unless Site Plan and Architectural Approval is first obtained in
compliance with Section 17.40.020 (Site Plan and Architectural Approval). The
height of an accessory structure with a floor area greater than 120 square feet
shall comply with the height limits of the applicable zoning district;
2. An accessory structure that is primarily a narrow, vertical element (e.g., flag pole,
ham radio antenna, etc.) may be allowed to exceed the six foot height limit within
the front or rear yard setback.
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Coverage and size limitations. Accessory structures may occupy up to a maximum
of 25 percent of a required side yard and up to a maximum of 30 percent of a required
rear yard; provided that the aggregate site coverage for all structures on a parcel shall
not exceed the maximum allowed in the applicable specific zoning district by Section
17.18.040 (Residential Zoning District General Development Standards).
G. Prohibited uses and activities.
Outdoor vehicle repair. No vehicle repair activities shall be conducted outdoors
within a residential zone.
Electrical service. A parcel developed with a single-family dwelling shall have
only one electrical service panel. Separate electrical service shall not be
provided any accessory structure or guest house.
17.36.130 - Second Dwelling UnitsError! Bookmark not defined.
A. Minimum site area. A second dwelling unit may be permitted only on a parcel that
complies with the minimum lot area requirements of the applicable zoning district.
B. Number of units allowed. One second dwelling unit shall be allowed on a parcel in a
single-family or multi -family zoning district developed with a main dwelling, but shall not
be allowed on a parcel developed with two or more dwellings.
C. Location on site. A second unit may be located on the site to be within, attached to, or
detached from the existing main dwelling. A second unit may also be located above a
detached garage.
D. Setbacks. An attached second unit shall be subject to the same front, sides, and rear
setback requirements applicable to the main dwelling. A detached second unit,
including a unit placed over a detached garage, shall not be located within a required
front yard setback, shall maintain side and rear yard setbacks of at least five feet, and
shall maintain a six-foot separation from other accessory structures and the main
dwelling unit.. More restrictive setbacks may be required through Site Plan and
Architectural Approval.
E. Floor area limitations. The habitable floor area of a second unit shall not be less than
300 square feet. The maximum square footage shall not exceed 640 square feet or 30
percent of the existing living area of the primary residence, whichever is less.
Architectural compatibility. The second unit shall be architecturally compatible with
the main dwelling unit and comply with all height and lot coverage requirements of the
underlying zoning district.
G. Parking. The second unit shall be provided with one off-street parking space in
addition to that required for the main dwelling unit.
H. Illegal second units. This Section shall not validate any existing illegal second unit.
The standards and requirements for the conversion of an illegal second unit to a legal,
conforming unit, shall be the same as for a new second unit.
17.36.140 - Telecommunications FacilitiesError! Bookmark not defined.
210
A. Purpose. The purpose of these regulations is to provide for the establishment of
wireless communication facilities to protect the public health, safety, the general welfare
and quality of life. These regulations are intended to supersede applicable provisions of
the Lodi Municipal Code pertaining to wireless communication facilities and to establish
flexible requirements for their governance which recognize the unique land use
distribution and aesthetic characteristics of the City of Lodi.
B. Definitions
1. Antenna means a device used in communications which transmits or receives
radio signals.
2. Building -Mounted means mounted to the side of a building to the facade of a
building, or to the side of another structure such as a water tank, church steeple,
freestanding sign, or similar structure, but not to include the roof or any structure.
3. California Public Utilities Commission (CPUC) means the government agency
which regulates the terms and condition of public utilities in the State of
California.
4. Cell Site means a geographical area with a radius of two to eight miles that
contains both transmitting and receiving antennas.
5. Cellular means an analog or digital wireless communication technology that is
based on a system of interconnected neighboring cell sites, each of which
contains antennas.
6. Certificate of Public Convenience and Necessity means a certificate issued
by the California Public Utilities Commission.
7. Co -location means the locating of wireless communications equipment from
more than one provider on a single building -mounted, roof -mounted or ground -
mounted wireless communication facility.
8. Ground -Mounted means mounted to a pole, monopole, lattice tower or other
freestanding structure specifically constructed for the purpose of supporting an
antenna.
9. Monopole means a structure composed of a single spire used to support
antennas or related equipment.
10. Mounted means attached or supported.
11. Personal Communication Services means digital low-power, high -frequency
wireless radio communication technology that has the capacity for multiple
communications services and will provide a system in which calls will be routed
to individuals, regardless of location.
12. Public Wireless Communication Facility means a wireless communication
facility that has been granted a Certificate of Public Convenience and Necessity
or a Wireless Registration Number by the CPUC.
13. Roof -Mounted means mounted above the eave line of a building.
14. Stealth Facility means any communication facility which is designed to blend
into the surrounding environment, typically one that is architecturally integrated
211
into a building or other concealing structure, and shall include and mean any
concealed antenna.
15. Wireless Communication Facility means a structure that supports commercial
antennas, microwave dishes and/or other related equipment that sends and/or
receives radio frequency signals.
C. Applicability. All wireless communication facilities shall be required to comply with the
regulations and guidelines contained herein.
D. Development Regulation and Criteria.
1. General Policy. As part of the application process, applicants for wireless
communication facilities shall provide written documentation demonstrating a
good faith effort to locate facilities in accordance with the following guidelines:
a. Where possible, the applicant shall use stealth facilities or antennas that
are architecturally integrated with a building or structure so as not to be
recognized as an antenna.
b. Faculties should be located where existing vegetation, buildings, or other
structures provide the greatest amount of screening.
C. Ground -mounted wireless facilities should be located in close proximity to
existing above -ground utilities, such as electrical substations, utility poles,
light poles, water tanks, or trees of comparable height.
d. Wireless communication facilities shall be located in the following order of
preference:
(1) Co -located with other wireless communication providers on existing
poles.
(2) Located on an existing structure such as a building or tower.
(3) Located in an industrially zoned district.
2. Locational Criteria.
a. Wireless communication facilities shall be allowed within the M zone
subject to the review and approval of a Minor Use Permit.
b. Wireless communication facilities shall be allowed within the CC and GC
zones subject to the review and approval of a Use Permit.
C. In no case may a wireless communication facility be established within 200
feet of any property used for residential purpose or 200 feet from any
residentially zoned property.
3. Development and Design Standards.
a. Height — All zoning requirements relative to height shall apply to a wireless
communication facility. However, a ten -foot height bonus may be permitted
to provide for co -locations.
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b. Facilities shall be located to minimize views from the public right-of-way by
siting them behind tall buildings or placing them near existing tall trees.
C. Wireless communication facilities shall not bear any signs or advertising
devices other than certification, warning or other required seals or legally
required signs.
d. All accessory equipment associated with the operation of a facility shall be
located within a building enclosure or underground vault subject to City
approval. If the equipment is to be located above ground, it shall be
visually compatible with surrounding buildings and include sufficient
landscaping to screen the structure from public view.
e. Wireless communication facilities shall have subdued colors and use non -
reflective materials which blend with surrounding materials and colors.
f. Poles shall be designed to prevent unauthorized climbing.
I_T OWN
Land Use and Development
Permit Procedures
Chapter 17.38 - Application Filing and Processing
17.38.010 - Purpose of Chapter
17.38.020 - Authority for Land Use and Zoning Decisions
17.38.030 - Concurrent Permit Processing
17.38.040 - Application Preparation and Filing
17.38.050 - Application Fees
17.38.060 - Initial Application Review
17.38.070 - Environmental Assessment
17.38.080 - Staff Report and Recommendations
Chapter 17.40 - Permit Approval or Disapproval
17.40.010 - Purpose of Chapter
17.40.020 - Site Plan and Architectural Approval
17.40.030 - Temporary Use Permits
17.40.040 - Use Permits and Minor Use Permits
17.40.050 - Variances and Administrative Deviations
17.40.060 - Planned Development Permits
17.40.070 - Certificates of Occupancy
Chapter 17.42 - Permit Implementation, Time Limits, and Extensions
17.42.010 - Purpose of Chapter
17.42.020 - Effective Dates
17.42.030 - Performance Guarantees
17.42.040 - Time Limits and Extensions
17.42.050 - Changes to an Approved Project
17.42.060 - Permits to Run with the Land
17.42.070 - Resubmittals
17.42.080 - Covenants of Easements
213
Chapter 17.44— Development Agreements
17.44.010 - Purpose of Chapter
17.44.020 - Application Requirements
17.44.030 - Hearing Notice
17.44.040 — Review by Planning Commission
17.44.050 — Council Hearing
17.44.060 — Amendment or Cancelation
17.44.070 — Recordation of Agreement, Amendment or Cancelation
17.44.080 — Periodic Review
CHAPTER 17.38 - APPLICATION FILING AND PROCESSING
Sections:
17.38.010 - Purpose of Chapter
17.38.020 - Authority for Land Use and Zoning Decisions
17.38.030 - Concurrent Permit Processing
17.38.040 - Application Preparation and Filing
17.38.050 - Application Fees
17.38.060 - Initial Application Review
17.38.070 - Environmental Assessment
17.38.080 - Staff Report and Recommendations
17.38.010 - Purpose of Chapter
This Chapter provides procedures and requirements for the preparation, filing, and
processing of applications for the land use permits required by this Development Code.
17.38.020 - Authority for Land Use and Zoning Decisions
Table 4-1 (Review Authority) identifies the City official or body responsible for reviewing and
making decisions on each type of application, land use permit, and other approvals required
by this Development Code.
17.38.030 - Concurrent Permit Processing
When a single project incorporates different land uses or features so that this Development
Code requires multiple land use permit applications, the applicable review authority may
choose to require that all applications be reviewed, and approved or disapproved, by the
highest level review authority assigned by Table 4-1 to any of the required applications.
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TABLE 4-1
Review Authority
Type of Decision
Administrative and Amendments
General Plan amendments
See Section
17.70
Role of Review Authority (1)
Director
I SPARC (2)
Planning
1 Commission
Recommend
City
Council
Decision
Interpretations
17.02
Decision (3)
Appeal
Appeal
Zoning text amendments
17.70
Recommend
Decision
Zoning Map amendments
Land Use Permits and other Development
Administrative Deviations
17.70
Approvals
17.40.050
Decision (3)
Recommend
Appeal
Decision
Appeal
Certificates of Occupancy
17.40.070
Decision (3'
Appeal
Appeal
Home Occupation Permits
17.36.060
Decision (3)
Appeal
Appeal
Planned Development Permit
17.40.060
Decision
Appeal
Sign Permits
17.34.030
Decision 13j
Decision
Density Bonus
17.36.050
Recommend
Decision
Appeal
Site Plan and Architectural
Approval for multiple single
family homes_
17.40.020
Recommend
Decision
Appeal
Appeal
Site Plan and Architectural
Approval, for Commercial
and Industrial buildings,_ _ _
17.40.020
Recommend
Decision
Appeal
Appeal
Temporary Use Permits
17.40.030
Decision (3)
Appeal
Appeal
Minor Use Permits
17.40.040
Decision (3)
Appeal
Appeal
Use Permits
17.40.040
Recommend
Decision
Appeal
Variances
17.40.050
Recommend
Decision
Appeal
Notes:
(1) 'Recommend" means that the review authority makes a recommendation to a higher
decision-making body; "Decision" means that the review authority makes the final
decision on the matter; "Appear' means that the review authority may consider and
decide upon appeals to the decision of an earlier decision-making body, in compliance
with Chapter 17.70 (Appeals).
(2) SPARC means the Site Plan and Architectural Approval Committee. (See Section
17.66.050)
(3) The Director may defer action on permit applications and refer the items to the
Commission for the final decision.
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17.38.040 - Application Preparation and Filing
The preparation and filing of applications for land use permits, amendments (e.g., General
Plan, Zoning Map, and Development Code), and other matters pertaining to this
Development Code shall comply with the following requirements.
A. Pre -application review.
A prospective applicant or agent is strongly encouraged to request a pre -
application review with the Department before completion of project design and
the formal submittal of a permit application.
2. A request by an applicant for pre -application review, accompanied by preliminary
project plans and designs and the required filing fee, will be reviewed by affected
City departments and other selected agencies.
3. The reviewing City staff members will inform the applicant of requirements as
they apply to the proposed development project, provide a preliminary list of
issues that will likely be of concern during formal application review, suggest
possible alternatives or modifications to the project, and identify any technical
studies that may be necessary for the environmental review process when a
formal application is filed.
4. Neither the preapplication review nor information and/or pertinent policies
provided by the Department shall be construed as a Department recommendation
for approval or disapproval of the application/project.
B. Application contents and fee. Applications shall include the forms provided by the
Department, and all information and materials required by the application content
requirements handout provided by the Department for the specific type of application
(e.g., Use Permit, Variance, or others), and the filing fee required by the Council's Fee
Resolution.
C. Eligibility, filing. All land use permit and other applications required by this
Development Code shall be filed with the Department. Applications may be made by:
1. The owner of the subject property; or
2. Any other person, agent, or representative, with the written consent of the
property owner.
D. Filing date. The filing date of an application shall be the date on which the Department
receives the last submission, map, plan, or other material required as a part of that
application by Subsection B of this section, including appropriate filing fees, in
compliance with Section 17.38.060 (Initial Application Review) and deemed complete
by the Director.
17.38.050 - Application Fees
A. Filing fees required.
The Council shall, by resolution, establish a schedule of fees for amendments,
entitlements, and other matters pertaining to this Development Code, referred to
as the Council's Fee Resolution.
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2. The schedule of fees may be changed only by resolution of the Council.
3. The City's processing fees are cumulative. For example, if an application for a
Parcel Map also requires an Administrative Deviation, both fees shall be charged.
4. Processing shall not commence on an application until all required fees have
been paid.
5. Without the application fee the application shall not be deemed complete.
6. The City is not required to continue processing any application unless additionally
required fees are paid in full.
7. Failure to pay the applicable fees is grounds for disapproval of the application.
B. Refunds and withdrawals.
1. Recognizing that filing fees are utilized to cover City costs of public hearings,
mailing, posting, transcripts, and staff time involved in processing applications, no
refunds due to a disapproval are allowed.
2. In the case of a withdrawal, the Director may authorize a partial refund based
upon the pro -rated costs to -date and determination of the status of the application
at the time of withdrawal.
17.38.060 - Initial Application Review
All applications filed with the Department in compliance with this Development Code shall be
initially processed as follows.
A. Completeness review. The Director shall review all applications for completeness and
accuracy before they are accepted as being complete in compliance with Section
17.38.040.13 (Application contents and fees), above.
1. Notification of applicant. The applicant shall be informed in writing within 30
days of submittal, either that the application is complete and has been accepted
for processing, or that the application is incomplete and that additional
information, specified in the letter, shall be provided. All additional information
needed shall be identified in the letter providing notice of an incomplete
application.
2. Appeal of determination. Where the Director has determined that an
application is incomplete, and the applicant believes that the application is
complete and/or that the information requested by the Director is not required, the
applicant may appeal the determination in compliance with Chapter 17.70
(Appeals).
3. Environmental information. The Director may require the applicant to submit
additional information needed for the environmental review of the project in
compliance with Section 17.38.070 (Environmental Assessment), below.
4. Expiration of application. If the applicant does not provide the additional
information required in compliance with Subsection A.1, above, within 120 days
after the date of the letter requesting the additional information, the Director may
consider the application withdrawn if the Director determines that reasonable
progress toward completion of the application has not occurred. Application
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processing shall not resume thereafter until a new application is filed, including
fees, plans, exhibits, and other materials that are required for any project on the
same site.
5. Criteria for acceptance. An application shall not be accepted as complete
unless or until the Director determines that it:
a. Is consistent with the General Plan, and any applicable specific plan;
development agreement, or previously approved Use Permit;
b. Is in compliance with zoning district requirements applicable to the site,
except for a Zoning Map amendment or prezoning filed in compliance with
Chapter 17.72 (Amendments); and
C. Includes all information and materials required by Section 17.38.040.13
(Application contents and fees).
6. Violations on the site.
a. The Director shall not find the application complete, and/or shall not
process or approve the application, if conditions exist on the site in
violation of this Development Code or any permit or other approval granted
in compliance with this Development Code, other than an application for
the approval, entitlement, or permit, if any, needed to correct the violation.
b. The Director's authority under this Subsection shall apply whether:
(1) The current applicant was the owner of the subject property at the
time the violation occurred; or
(2) The applicant is the current owner of the subject property with or
without actual or constructive knowledge of the violation at the time
of acquisition of the subject property.
C. The Director's decision may be appealed in compliance with Chapter 17.70
(Appeals).
B. Referral of application. At the discretion of the Director, or where otherwise required
by this Development Code, State, or Federal law, any application filed in compliance
with this Development Code may be referred to any public agency that may be affected
by or have an interest in the proposed land use activity.
17.38.070 - Environmental Assessment
After acceptance of a complete application, the project shall be reviewed as required by the
California Environmental Quality Act (CEQA) and the Lodi Environmental Review Guidelines.
17.38.080 - Staff Report and Recommendations
A. Staff evaluation. The Director shall review all applications filed in compliance with this
Chapter to determine whether they comply with the provisions of this Development
Code, other applicable provisions of the Municipal Code, and the General Plan.
B. Staff report preparation.
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The Department staff shall prepare a staff report that describes conclusions about
the proposed land use and any development as to its compliance and
consistency with the provisions of this Development Code, other applicable
provisions of the Municipal Code, the General Plan, and any applicable specific
plan.
2. The staff report shall include recommendations on the approval, approval with
conditions, or disapproval of the application, based on the project evaluation, and
consideration of information provided by an initial study or environmental impact
report.
C. Report distribution. Staff reports shall be furnished to the applicants at the same time
as they are provided to the review authority before the public hearing on the
application.
CHAPTER 17.40 - PERMIT APPROVAL OR DISAPPROVAL
Sections:
17.40.010 - Purpose of Chapter
17.40.020 - Site Plan and Architectural Approval
17.40.030 - Temporary Use Permits
17.40.040 - Use Permits and Minor Use Permits
17.40.050 - Variances and Administrative Deviations
17.40.060 - Planned Development Permits
17.40.070 - Certificates of Occupancy
17.40.010 - Purpose of Chapter
A. Permit review procedures.
This Chapter provides procedures for the final review, and approval or disapproval of
the land use permit applications established by this Development Code.
B. Subdivision review procedures.
Procedures and standards for the review and approval of subdivision maps are found in
Article 5 (Subdivisions).
C. Application filing and initial processing.
Where applicable, the procedures of this Chapter are carried out after those described
in Chapter 17.38 (Application Filing and Processing), for each application.
17.40.020 - Site Plan and Architectural Approval
A. Purpose. This Section establishes procedures for the City's review of the design
aspects of proposed development (for example, building design, landscaping, site
planning and development, and signs). These procedures are not intended to restrict
imagination, innovation, or variety in design, but rather to focus on design issues and
solutions that will have the greatest effect on community character and aesthetics, to
encourage imaginative solutions and high-quality urban design. The purposes of this
Section are, therefore, to:
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Recognize the interdependence of land values and aesthetics and encourage
the orderly and harmonious appearance of development within the community;
2. Ensure that new uses and structures enhance their sites and are compatible with
the highest standards of improvement in the surrounding neighborhoods;
3. Better protect the increasing values, standards, and importance of land and
development in the community;
4. Retain and strengthen the visual quality of the community;
5. Assist project developers in understanding the public's concerns for the
aesthetics of development, and
6. Ensure that development complies with all applicable City standards and
guidelines, and does not adversely affect community health, safety, aesthetics,
or natural resources.
B. Applicability. Table 4-2 identifies when Site Plan and Architectural Approval is
required, and the responsible review authority.
TABLE 4-2
Applicability of Site Plan and Architectural Approval
Site Plan and Architectural Approval
Requirement
Type of Project
Exempt
Director
SPARC
Review
Review
Individual single-family homes and accessory structures,
including additions and alterations, under individual applications
in the R-1, R-1 E, and R-2 zoning districts.
Ground floor additions and alterations deemed visually or
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functionally insignificant by the Director.
Multiple single-family detached homes and accessory structures
in the R-1, R -1E, and R-2 zoning districts. (1)
Multi -family dwellings and accessory structures in the RMD and
RHD zoning districts. (1)
Temporary structures that will be removed within one year. (2)
,J
Additions and alterations in all zoning districts, except the R-1,
R-1 E, R-2, RMD, and RHD zones, that do not meet the specific
criteria above. 2 3
Nonresidential development containing up to 10,000 square feet
of total gross structure area. (3)
Nonresidential development containing 10,000 square feet or
more of total gross structure area. (3)
All other land uses.
Notes:
(1) Only where the same basic design will be used more than once in the same subdivision.
(2) Landscaping plans may be required.
(3) Site Plan and Architectural Approval shall be required for new structures and addition or
reconstruction projects that are equal to 50 percent or greater of the floor area of the
existing structures on the site and where the cumulative square footage of a development
project exceeds 10,000 square feet, even though individual structures may be less than
10,000 square feet.
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C. Timing of Site Plan and Architectural Approval. When required, Site Plan and
Architectural Approval shall be granted before the issuance of the Building Permit or
the establishment of a temporary open lot use.
D. Site Plan and Architectural Approval process. The Site Plan and Architectural
Approval process shall be conducted as follows.
1. Application preparation, filing, initial processing. An application for Site Plan
and Architectural Approval shall be prepared, filed and processed in compliance
with Chapter 17.38 (Application Filing and Processing).
2. Application contents. The application shall be made on forms furnished by the
Department, and shall be accompanied by the information identified in the
Department handout for Site Plan and Architectural Approval applications. It is
the responsibility of the applicant to establish evidence in support of the findings
required by Subsection E. (Findings and decision), below.
3. Evaluation of proposal. The review authority shall consider the design, location,
site layout, and the overall effect of the proposed project upon surrounding
properties and the City in general. The review shall compare the proposed
project to applicable development standards, design guidelines, and other City
regulations.
4. Site Plan and Architectural Approval by the Director. Decisions of the
Director on Site Plan and Architectural Approval applications shall comply with
Subsection E., conditions of approval may be imposed in compliance with
Subsection F.
a. Meeting. A meeting shall not be required unless requested in writing by an
interested party before the Director's action.
b. Director's action. Specified applications for Site Plan and Architectural
Approval, as identified in Table 4-2 (Applicability of Site Plan And
Architectural Approval), above may be approved or disapproved by the
Director.
c. Referral to SPARC. The Director may defer action on a Site Plan and
Architectural Approval application and instead refer the matter to the SPARC
for review and decision.
Site Plan and Architectural Approval by the SPARC.
a. SPARC's decision. Decisions of the SPARC on Site Plan and Architectural
Approval applications shall comply with Subsection E. and conditions of
approval may be imposed in compliance with Subsection F., below.
b. Notice and meeting. Notice of the SPARC meeting shall be given in
compliance with Chapter 17.74 (Public Hearings).
c. Site Plan and Architectural Approval. An application for Site Plan and
Architectural Approval shall be considered by the SPARC following approval
of the project's land use entitlement by the applicable review authority.
E. Findings and decision. The applicable review authority may approve a Site Plan and
Architectural Approval application only after first finding that:
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I . The design and layout of the proposed project would:
a. Be consistent with the development and design standards/guidelines of the
applicable zoning district;
b. Not interfere with the use and enjoyment of neighboring existing or future
developments, and not create traffic or pedestrian hazards;
c. Maintain and enhance the attractive, harmonious, and orderly development
contemplated by this Development Code; and
d. Provide a desirable environment for its occupants, neighbors, and visiting
public through good aesthetic use of durable materials, texture, and color.
2. The proposed development:
a. Would not be detrimental to the public health, safety, or welfare or materially
injurious to the properties or improvements in the vicinity; and
b. Has been reviewed in compliance with the California Environmental Quality
Act (CEQA) and the Lodi Environmental Review Guidelines.
F. Conditions of approval. In granting Site Plan and Architectural Approval, the review
authority shall impose conditions as necessary to ensure compatibility with
surrounding uses, and to preserve the public health, safety, and welfare. The
conditions may include requirements regarding buffers, colors and materials,
landscaping and maintenance, lighting, off-site improvements, parking, performance
guarantees, property maintenance, signs, surfacing, traffic circulation, etc., deemed
reasonable and necessary to ensure that the approval will comply with the findings
required by Subsection E. (Findings and decision), above.
G. Post approval procedures. The procedures relating to appeals, changes, expiration,
performance guarantees, and revocation that are identified in Article 6 (Development
Code Administration), and those identified in Chapter 17.42 (Permit Implementation,
Time Limits, and Extensions), shall apply following the decision on a Site Plan and
Architectural Approval application.
17.40.030 - Temporary Use Permits
A. Purpose. This Section establishes procedures for the granting of Temporary Use
Permits that allow short-term activities that may not meet the normal development or
use standards of the applicable zoning district, but may be acceptable because of their
temporary nature.
B. Applicability. Temporary land uses shall not be established, operated, or conducted
in any manner without the approval and maintenance of a valid Temporary Use Permit
in compliance with this Section. The following two categories of temporary uses
identify the level of permit required, if any, based on the proposed duration, size, and
type of use:
1. Exempt temporary uses are identified in Subsection C. (Exempt temporary uses),
below; or
2. Temporary Use Permits are identified in Subsection D. (Allowed temporary
activities), below.
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Exempt temporary uses. The following minor and limited duration temporary uses are
exempt from the requirement for a Temporary Use Permit. Uses that do not fall within
the categories defined below shall comply with Subsection D. (Allowed temporary
activities), below.
Car washes for fund raising. Car washes, limited to a maximum of two days
each month for each sponsoring organization, on non-residential properties.
Sponsorship shall be limited to educational, fraternal, religious, or service
organizations directly engaged in civic or charitable efforts, or to tax exempt
organizations in compliance with 501 (c) of the Federal Revenue and Taxation
Code.
2. Construction yards -- On-site. On-site contractors' construction yards, in
conjunction with an approved construction project on the same site. The
construction yard shall be removed immediately upon completion of the
construction project, or the expiration of the companion Building Permit
authorizing the construction project, whichever first occurs.
3. Emergency facilities. Emergency public health and safety needs/land use
activities.
4. Garage sales. Garage sales are exempt from the requirement for a Temporary
Use Permit provided that sales occur no more often than two times per year per
residence, for a maximum of three consecutive days each, or one time per year,
for a maximum of six consecutive days each.
D. Allowed temporary activities. The following temporary uses may be allowed,
subject to the issuance of a Temporary Use Permit by the Director. Uses that do not
fall within the categories defined below shall comply with the use and development
regulations and land use permit review provisions that otherwise apply to the property.
Construction yards — Off-site. Off-site contractors' construction yards, in
conjunction with an approved construction project. The permit shall expire and
the construction yard shall be removed immediately upon completion of the
construction project, or the expiration of the companion Building Permit
authorizing the construction project, whichever first occurs. (See also Subsection
D.11, below, regarding temporary work trailers.)
2. Events. Outdoor events on private property including the following:
a. Amusement rides, arts and crafts exhibits, auctions, carnivals, circuses,
concerts, fairs, farmer's markets, festivals, flea markets, food events, outdoor
entertainment/ sporting events, rodeos, rummage sales, second hand sales,
swap meets, and tent revivals for 10 consecutive days or less, or six two-day
weekends, within a 12 -month period.
b. Outdoor meetings, group activities, or sales within parking areas, for seven
consecutive days or less, within a 180 -day period.
3. Outdoor displays/sales. The temporary outdoor display/sales of merchandise
(e.g., parking lot and sidewalk sales), in compliance with Section 17.36.080
(Outdoor Display and Retail Activities) shall be allowed only if the merchandise
displayed is regularly sold on the same site. These activities shall be located
immediately adjacent to the structure, and their duration shall not exceed three
consecutive days within a 90 -day period. Any sales activity proposed within a
public right-of-way shall require an encroachment permit.
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4. Outdoor sales of flowers and produce. The temporary outdoor sales of items
(e.g., flowers, fruits, grapes, vegetables, etc.) grown on the subject property, in
compliance with Section 17.36.080 (Outdoor Display and Retail Activities) which
shall be allowed only if the property is engaged in agricultural production for the
duration of the temporary use. The maximum duration shall not exceed 180
consecutive days, within a one-year period.
5. Residence. A mobile home as a temporary residence of the property owner
when a valid Building Permit for a new single-family dwelling is in force, or for
temporary caretaker quarters during the construction of a subdivision, multi-
family, or non-residential project. The permit may be approved for a specified
duration, or upon expiration of the Building Permit, whichever first occurs.
6. Seasonal sales lots. Seasonal sales activities (for example, pumpkins,
Christmas trees, etc.) including temporary residence/security trailers, on non-
residential properties, for 45 days or less for each seasonal product, within a 12 -
month period.
7. Temporary model homes. Temporary model homes and related facilities may
be established within the area of an approved residential subdivision project,
solely for the first sale of homes.
8. Temporary real estate sales offices. A temporary real estate sales office may
be established within the area of an approved development project, solely for the
first sale of homes.
9. Temporary structures. A temporary classroom, office, or similar portable
structure, including a manufactured or mobile unit, may be approved, for a
maximum time period of 24 months, as an accessory use or as the first phase of
a development project, in the commercial and industrial zoning districts.
10. Temporary work trailers
a. A trailer or mobile home may be used as a temporary work site for
employees of a business:
(1) During construction of a subdivision or other development project when
a valid Building Permit is in force; or
(2) Upon demonstration by the applicant that the temporary work site is a
short-term necessity, while a permanent work site is being obtained.
b. A permit for temporary work trailers may be granted for up to 24 months.
11. Temporary outdoor sales. Temporary outdoor sales events (e.g., car sales)
may be allowed only when directly related to an approved "point of sale" within
the City that will ensure that the City receives its appropriate sales tax.
12. Similar temporary uses. Similar temporary uses which, in the opinion of the
Director, are compatible with the zoning district and surrounding land uses, and
are necessary because of unusual or unique circumstances beyond the control of
the applicant.
E. Application filing, processing, and review. An application for a Temporary Use
Permit shall be filed with the Department and processed in the following manner:
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Application contents. The application shall be made on forms furnished by the
Department, and shall be accompanied by the information identified in the
Department handout for Temporary Use Permit applications. It is the
responsibility of the applicant to establish evidence in support of the findings
required by Subsection G. (Findings and decision), below.
2. Time for filing. An application for a Temporary Use Permit shall be submitted
for approval at least 10 days before the date that the proposed use is scheduled
to take place.
3. Public hearing not required. A public hearing shall not be required for a
decision on a Temporary Use Permit.
F. Standards. Standards for floor areas, heights, landscaping, parking, setbacks, and
other structure and property development standards that apply to the category of use
or the zoning district of the subject site shall be used as a guide for determining the
appropriate development standards for temporary uses.
Adjustment of standards. The Director may authorize an adjustment from the
specific standards deemed necessary or appropriate consistent with the
temporary nature of the use.
2. Removal of materials and structures associated with the temporary use. All
materials and structures associated with the temporary use shall be removed
within 10 days from the actual termination of operations, or after the expiration of
the Temporary Use Permit, whichever first occurs.
3. Other permits required. Temporary uses may be subject to additional licenses,
inspections, or permits required by applicable local, State, or Federal
requirements.
G. Findings and decision.
A Temporary Use Permit may be approved, modified, conditioned, or disapproved
by the Director, without the requirement for a noticed pubic hearing.
The Director may defer action and refer the application to the Commission for
review and decision at a scheduled public hearing.
The Director may approve or conditionally approve a Temporary Use Permit
application, only after first finding that:
a. The establishment, maintenance or operation of the use would not, under the
circumstances of the particular case, be detrimental to the health, safety, or
general welfare of persons residing or working in the neighborhood of the
proposed use;
b. The use, as described and conditionally approved, would not be detrimental
or injurious to property and improvements in the neighborhood or to the
general welfare of the City;
Approved measures for the removal of the use and site restoration have
been required to ensure that no changes to the site would limit the range of
possible future land uses otherwise allowed by this Development Code; and
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d. The proposed project has been reviewed in compliance with the provisions of
the California Environmental Quality Act (CEQA).
H. Conditions of approval. In approving a Temporary Use Permit, the Director may
impose conditions (e.g., buffers, hours of operation, landscaping and maintenance,
lighting, off-site improvements, parking, performance guarantees, property
maintenance, signs, surfacing, time limits, traffic circulation, etc.) deemed reasonable
and necessary to ensure that the approval would be in compliance with the findings
required by Subsection G. (Findings and decision), above.
Condition of site following temporary use. Each site occupied by a temporary use
shall be cleaned of debris, litter, or any other evidence of the temporary use upon
completion or removal of the use, and shall thereafter be used in compliance with the
provisions of this Development Code. The review authority may require appropriate
security before initiation of the use to ensure proper cleanup after the use is finished.
Post approval procedures. The procedures relating to appeals, changes, expiration,
performance guarantees, and revocation that are identified in Article 6 (Development
Code Administration), and those identified in Chapter 17.42 (Permit Implementation,
Time Limits, and Extensions), shall apply following the decision on a Temporary Use
Permit application.
17.40.040 - Use Permits and Minor Use Permits
A. Purpose. A Use Permit or Minor Use Permit provides a process for reviewing uses
and activities that may be appropriate in the applicable zoning district, but whose
effects on a site and surroundings cannot be determined before being proposed for a
specific site. The procedures of this Section provide for the review of the configuration,
design, location, and potential impacts of the proposed use, to evaluate the
compatibility of the proposed use with surrounding uses and the suitability of the use to
the site.
Applicability.
A Use Permit or Minor Use Permit is required to authorize proposed land uses
and activities identified by Article 2 (Land Use and Development Standards) as
being allowable in the applicable zoning district subject to the approval of a Use
Permit or Minor Use Permit; and
2. A Use Permit is required to allow the extension of a use for not more than 50 feet
into a more restricted zoning district where the boundary line divides a "parcel of
record" as defined in Article 7 (Definitions).
C. Review authority.
Use Permits. Use Permits shall be approved or disapproved by the
Commission.
2. Minor Use Permits. Minor Use Permits shall be approved or disapproved by the
Director.
The Director may choose to refer any Minor Use Permit application to the
Commission for hearing and decision.
b. A Minor Use Permit application shall be determined exempt from the
California Environmental Quality Act (CEQA) in compliance with State law
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and the Lodi Environmental Review Guidelines or it shall be processed as a
Use Permit,
D. Application filing and processing. An application for a Use Permit or Minor Use
Permit shall be filed and processed in compliance with Chapter 17.38 (Application
Filing and Processing).
E. Project review, notice, and hearing. Each application shall be reviewed by the
Director to ensure that the proposal complies with all applicable requirements of this
Development Code.
1. Use Permit. The Commission shall conduct a public hearing on an application
for a Use Permit before a decision on the application. Notice of the hearing shall
be provided, and the hearing shall be conducted in compliance with Chapter
17.74 (Public Hearings).
2. Minor Use Permit. Before a decision on a Minor Use Permit, the public notice
shall be provided in compliance with Chapter 17.74 (Public Hearings), and as
follows,
a. Public notice. The notice shall state that the Director will decide whether
to approve or disapprove the Minor Use Permit application on a date
specified in the notice, and that a public hearing will be held only if
requested in writing by any interested person before the specified date for
the decision.
b. Hearing. When a hearing is requested, notice of the hearing shall be
provided in compliance with Chapter 17.74, and the Director shall conduct
the public hearing before a decision on the application in compliance with
Chapter 17.74.
F. Findings and decision. Following a public hearing, the Commission may approve or
disapprove an application for a Use Permit, The Commission shall record the decision
and the findings upon which the decision is based. The Commission may approve a
Use Permit only after first finding that:
The proposed use is allowed with a Use Permit within the applicable zoning
district and complies with all applicable provisions of this Development Code;
2. The proposed use is consistent with the General Plan and any applicable specific
plan;
3. The location, size, design and operating characteristics of the use or development
is compatible with and shall not adversely affect or be materially detrimental to
the health, safety, or welfare of persons residing or working in the area, or be
detrimental or injurious to public or private property or improvements;
4. The location, size, design, and operating characteristics of the proposed use
would be compatible with the existing and future land uses in the vicinity; and
5. The proposed project has been reviewed in compliance with the California
Environmental Quality Act (CEQA) and the Lodi Environmental Review
Guidelines.
G. Conditions of approval. In approving a Use Permit, the Commission may impose
conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting,
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off-site improvements, parking, performance guarantees, property maintenance, signs,
surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to
ensure that the approval would be in compliance with the findings required by
Subsection F. (Findings and decision), above.
Post approval procedures. The procedures relating to appeals, changes, expiration,
performance guarantees, and revocation that are identified in Article 6 (Development
Code Administration), and those identified in Chapter 17.42 (Permit Implementation,
Time Limits, and Extensions), shall apply following the decision on a Use Permit
application.
17.40.050 — Variances and Administrative Deviations
A. Purpose. The provisions of this Section allow for Variances from the development
standards of this Development Code.
Special privileges prohibited.
A Variance may only be granted when, because of special
circumstances applicable to the property, including location, shape, size,
surroundings, topography, or other conditions, the strict application of
this Development Code denies the property owner privileges enjoyed by
other property owners in the vicinity and under identical zoning districts,
or creates an unnecessary, and non -self created, hardship or
unreasonable regulation which makes it obviously impractical to require
compliance with the development standards.
b. A Variance shall not be granted that would have the effect of granting a
special privilege not shared by other property owners in the vicinity and
under identical zoning districts, or which is contrary to the public
convenience, health, interest, safety, or welfare.
2. Does not extend to uses. The power to grant Variances does not extend to
allowable land uses; flexibility in allowable land uses is provided in Section
17.40.040 (Use Permits).
B. Review authority. Variances may be granted in compliance with the following:
Director. The Director may grant Administrative Deviations, or may defer
action and refer the application to the Commission, in compliance with
Subsection D., below, and State law (Government Code Section 65901).
2. Commission. The Commission may grant Variances in compliance with
Subsection D.
C. Allowable Administrative Deviations. The Director may approve an application
for an Administrative Deviation from the development standards identified in Table
4-3, below, and for the sign standards of Chapter 17.34 (Signs) as provided in
Section 17.34.080 (Exceptions to Sign Area Standards).
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D. Variances. The Commission may grant an adjustment from the requirements of this
Development Code governing only the following development standards:
1. Development standards. Any development standard identified in Subsection C.
(Allowable Administrative Deviations), above where the requested adjustment
exceeds the maximum limits for an Administrative Deviation;
2. Dimensional standards. Dimensional standards including distance -separation
requirements, fence and wall requirements, landscape and paving requirements,
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TABLE 4-3
Allowable Administrative Deviations
Types of Administrative Deviations Allowed
Maximum
Adjustment
1
Area requirements. A decrease in the minimum area requirements. (Not
15 percent
including minimum parcel area requirements - see number 6., below.)
2.
Fence or wall height. An increase in the maximum allowable height of a fence or
Up to a 2 foot
wall, in compliance with Section 17.30.080 (Walls, Fences, and Hedges)
increase
3.
Floor Area Ratio (FAR). An increase in the maximum allowable FAR.
10 percent
4.
Landscaping area. A decrease in the minimum landscaping area requirements.
20 percent
5.
Loading. A decrease in the number of required loading spaces, but not
30 percent
exceeding two spaces.
6.
Parcel area. A decrease in the minimum required parcel area.
10 percent
7.
Parcel coverage. An increase in the maximum allowable parcel coverage.
10 percent
8.
Parcel depth or width. A decrease in the minimum required parcel depth or
10 percent
width, only when the total parcel area requirements are met.
9.
Parking. A decrease in the number of required parking spaces (Not exceeding 2
25 percent
spaces.)
10.
Parking lot standards. A decrease in the minimum parking lot standards (e.g.,
30 percent
aisle, driveway, and space widths).
11.
Projections. An increase in the allowable projection of canopies, cornices,
eaves, fireplaces, landings, masonry chimneys, overhangs, raised porches,
20 percent
stairways, and steps into a required setback areas, but no closer than 3 feet to
any property line.
12.
Setback areas. A decrease in the required setbacks.
Front setback: But no closer to the front property line than 10 feet.
40 percent
Side setbacks: But no closer to the side property fines than 3 feet.
40 percent
Rear setback: But no closer to the rear property line than 5 feet.
30 percent
13.
Signs. An increase in the maximum allowable sign area or height.
10 percent
14.
Structure height. An increase in the maximum allowable structure height, but not
30 percent
to exceed an increase of five feet.
15.
Other standards. The Director shall also be allowed to vary other standards
including minor operational/ performance standards relating to dust, glare, hours
25 percent
of operation, landscaping, light, noise, etc.
16.
Required Variance. A request which exceeds the limitations identified in this Subsection shall
require the filing of a Variance application in compliance with Subsection D., below.
D. Variances. The Commission may grant an adjustment from the requirements of this
Development Code governing only the following development standards:
1. Development standards. Any development standard identified in Subsection C.
(Allowable Administrative Deviations), above where the requested adjustment
exceeds the maximum limits for an Administrative Deviation;
2. Dimensional standards. Dimensional standards including distance -separation
requirements, fence and wall requirements, landscape and paving requirements,
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lighting, loading spaces, parcel area, parcel dimensions, parking areas, open
space, setbacks, structure heights, etc.;
3. Numerical standards. Number of off-street parking spaces, loading spaces,
landscaping, etc;
4. Signs. Sign regulations (other than prohibited signs);
5. Alteration, enlargement, or reconstruction of nonconformities. To allow the
alteration or enlargement of a nonconforming use, or the alteration, enlargement,
or reconstruction of a structure in which a nonconforming use is conducted, when
the changes (e.g., alteration, enlargement, or reconstruction) would be of distinct
benefit to the zoning district in which the use or structure is located; and
6. Other. Other standards including operational/performance standards relating to
dust, glare, hours of operation, landscaping, light, noise, number of employees,
etc.
E. Application requirements. An application for a Variance shall be filed in compliance
with Chapter 17.38 (Application Filling and Processing). The application shall be
accompanied by the information identified in the Department handout for Variance
applications. It is the responsibility of the applicant to provide evidence in support of
the findings required by Subsection G. (Findings and decision), below.
F. Notice and hearings.
1. Administrative Deviations. A public hearing shall NOT be required for the
Director's decision on an Administrative Deviation.
2. Variances.
a. A public hearing shall be required for all Variances, which shall be
considered by the Commission.
b. A public hearing shall be scheduled once the Director has determined the
application complete.
c. Noticing of the public hearing shall be given in compliance with Chapter
17.74 (Public Hearings).
G. Findings and decision. The applicable review authority shall record the decision in
writing with the findings on which the decision is based. Following a public hearing, if
required, the review authority may approve a Variance application, with or without
conditions, only after first finding that:
1. There are special circumstances applicable to the subject property (e.g., location,
shape, size, surroundings, topography, or other conditions), so that the strict
application of this Development Code denies the property owner privileges
enjoyed by other property owners in the vicinity and under identical zoning
districts or creates an unnecessary and non -self created hardship or
unreasonable regulation which makes it obviously impractical to require
compliance with the development standards;
2. Granting the Variance would:
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a. Be necessary for the preservation and enjoyment of substantial property
rights possessed by other property owners in the same vicinity and zoning
district, and denied to the subject property owner;
b. Be consistent with the actions, goals, objectives, and policies of the General
Plan and any applicable specific plan;
c. Not allow a use or activity which is not otherwise expressly authorized by the
regulations governing the subject parcel and will not constitute a grant of
special privileges inconsistent with the limitations on other properties in the
vicinity and in the same zoning district; and
d. Not be materially detrimental to the public convenience, health, interest,
safety, or welfare, or injurious to the property or improvements in such
vicinity and land use district in which the property is located.
3. The proposed project has been reviewed in compliance with the provisions of the
California Environmental Quality Act (CEQA) and the Lodi Environmental Review
Guidelines.
H. Compliance with findings. In approving a Variance, the review authority may
impose conditions (e.g., buffers, landscaping and maintenance, lighting, off-site
improvements, parking, performance guarantees, property maintenance, signs,
surfacing, traffic circulation, etc.) deemed reasonable and necessary to:
1. Compliance with Section. Ensure compliance with the general purpose of this
Section, and the actions, goals, objectives, and policies of the General Plan and
any applicable specific plan;
2. Special privileges prohibited. Ensure that the Variance does not grant special
privileges inconsistent with the limitations on other properties in the vicinity and
zoning district in which the property is located;
3. Compliance with findings. Ensure that the approval would be in compliance
with the findings required by Subsection G. (Findings and decision), above; and
4. Protect interests. Protect the best interests of the surrounding property or
neighborhood.
I. Post approval procedures. The procedures relating to appeals, changes, expiration,
performance guarantees, and revocation that are identified in Article 6 (Development
Code Administration), and those identified in Chapter 17.42 (Permit Implementation,
Time Limits, and Extensions), shall apply following the decision on a Variance
application.
17.40.060 - Planned Development Permits
A. Purpose. Planned Development Permits are intended to promote and encourage
flexibility in the City's residential, commercial, and industrial zoning districts relating to
property development, design, and open space areas, while protecting the public
health, safety, general welfare, integrity, and character of the City, and ensuring
consistency with the General Plan and any applicable specific plan.
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Projects proposed through Planned Development Permit applications are
encouraged and expected to produce a comprehensive development of greater
quality than that normally resulting from more traditional development.
2. Project review shall determine whether the Planned Development Permit should
be approved by weighing the public need for, and the benefits to be derived from,
the proposed project against the potential negative effects it may cause.
B. Applicability. An application for a Planned Development Permit shall be considered
by the Commission and shall be available, at the discretion of the applicant, for
development within all zoning districts of the City.
1. Land use activity. A Planned Development Permit may not authorize a land use
activity that is not allowed in the subject zoning district.
2. General Plan compliance. Strict compliance with the purpose and intent of the
General Plan and any applicable specific plan shall be required.
3. Modify standards.
The permit may adjust or modify, where necessary and justifiable, all
applicable development standards (e.g., building envelope [coverage, height,
and setbacks], fence and wall heights, landscaping, off-street parking [design
and ratios], open space, street layout, etc.) identified in this Development
Code, with the exception of an increase in the applicable density/intensity
provisions.
b. Residential development projects with increased density or intensity
standards may only be approved by the Council in compliance with State law
(Government Code Section 65915).
C. Application filing and processing. An application for a Planned Development Permit
shall be filed and processed in compliance with Chapter 17.38 (Application Filing and
Processing).
D. Project review, notice, and hearing.
Each Planned Development Permit application shall be analyzed by the Director
to ensure that the application is consistent with the purpose and intent of this
Section. The Director shall submit a staff report and recommendation to the
Commission for their consideration.
2. The Commission shall conduct a public hearing on an application for a Planned
Development Permit before the approval or disapproval of the permit.
3. Notice of the public hearing shall be provided, and the hearing shall be
conducted in compliance with Chapter 17.74 (Public Hearings).
E. Findings and decision. Following a public hearing, the Commission may approve or
disapprove an application for a Planned Development Permit, The Commission shall
record the decision and the findings upon which the decision is based. The
Commission may approve a Planned Development Permit only after first finding that:
The proposed development is:
a. Allowed within the subject base zoning district;
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b. Generally in compliance with all of the applicable provisions of this
Development Code relating to both on- and off-site improvements that are
necessary to accommodate flexibility in site planning and property
development and to carry out the purpose, intent, and requirements of the
respective base zoning district, including prescribed development standards
and applicable design guidelines; and
c. Consistent with the General Plan and any applicable specific plan
2. The proposed project would produce a comprehensive development of superior
quality (e.g., appropriate variety of structure placement and orientation
opportunities, appropriate structure sizes, high quality architectural design,
increased amounts of landscaping and open space, improved solutions to the
design and placement of parking facilities, etc.) than which might otherwise occur
from more traditional development applications and would provide a clear benefit
to the City;
3. The design, location, shape, size, operating characteristics, and the provision of
public and emergency vehicle access and public services and utilities (e.g.,
drainage, fire protection, sewers, water, etc.), would ensure that the proposed
development would not endanger, jeopardize, or otherwise constitute a hazard to
the public health, safety, or general welfare, or injurious to the property or
improvements in the vicinity and base zoning district in which the property is
located;
4. The subject site is:
a. Physically suitable for the type and density/intensity of development being
proposed;
Adequate in shape and size to accommodate the use and all fences and
walls, landscaping, loading, open space, parking, yards, and other features
generally required by this Development Code and necessary to support the
proposed development; and
c. Served by streets adequate in width and pavement type to carry the quantity
and type of traffic expected to be generated by the proposed development.
5. The proposed project has been reviewed in compliance with the California
Environmental Quality Act (CEQA).
F. Conditions of approval. In approving a Planned Development Permit, the
Commission may impose conditions (e.g,, buffers, landscaping and maintenance,
fighting, off-site improvements, parking, performance guarantees, property
maintenance, signs, surfacing, traffic circulation, etc.) deemed reasonable and
necessary to ensure that the approval would be in compliance with the findings
required by Subsection E. (Findings and decision), above.
G. Post approval procedures. The procedures relating to appeals, changes, expiration,
performance guarantees, and revocation that are identified in Article 6 (Development
Code Administration), and those identified in Chapter 17.42 (Permit Implementation,
Time Limits, and Extensions), shall apply following the decision on a Planned
Development Permit application.
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17.40.070 - Certificates of Occupancy
A. Purpose. The provisions of this Section allow for issuance of a Certificate of
Occupancy authorizing the use of land or structures in compliance with this
Development Code.
B. Applicability. Vacant land shall not be used or occupied, except for agricultural
purposes, and no structure shall be altered, erected, moved, occupied, or used until a
Certificate of Occupancy has been issued by the Director or his designee.
C. Procedural requirements.
1. A Certificate of Occupancy for the use of vacant land or for a change in the
character of the use of land, as provided in this Section, except for agricultural
purposes, shall be applied for before the land is occupied or used.
2. The Certificate of Occupancy shall be issued within five days after the application
has been made; provided, the use is in compliance with the provisions of this
Development Code.
3. A Certificate of Occupancy for a new structure or the alteration, conversion, or
reconstruction of an existing structure shall be applied for together with the
application for Building Permit. The Certificate shall be issued, if after inspection
it is found that the structure complies with the provisions of this Development
Code and all other the applicable requirements of law or ordinance.
4. A temporary Certificate may be issued for the temporary use of a portion of the
structure before the completion and occupancy of the entire structure. However,
the temporary Certificate shall only be issued under restrictions and provisions
that will adequately ensure the safety of the occupants.
5. The Certificate of Occupancy shall state that the structure or proposed use of a
structure or land is in compliance with all applicable City, State, and Federal laws
and regulations.
6. Copies of all Certificates shall be kept on file in the Community Development
Department for public inspection, with copies of a Certificate furnished on
request, to any person having a proprietary or tenant interest in the structure.
7. Fees shall not be charged for a Certificate of Occupancy.
CHAPTER 17.42 - PERMIT IMPLEMENTATION, TIME LIMITS, AND
EXTENSIONS
Sections:
17.42.010
- Purpose of Chapter
17.42.020
- Effective Dates
17.42.030
- Performance Guarantees
17.42.040
- Time Limits and Extensions
17.42.050
- Changes to an Approved Project
17.42.060
- Permits to Run with the Land
17.42.070
- Resubmittals
17.42.080
- Covenants of Easement
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17.42.010 - Purpose of Chapter
This Chapter provides requirements for the implementation or "exercising" of the permits
required by this Development Code, including time limits, and procedures for extensions of
time.
17.42.020 - Effective Dates
The approval of a land use permit (e.g., Site Plan and Architectural Approval, Planned
Development Permit, Temporary Use Permit, Use Permit, or Variance) shall become
effective on the 11"' business day following the date of application approval by the
appropriate review authority, where no appeal of the review authority's action has been filed
in compliance with Chapter 17.70 (Appeals).
17.42.030 - Performance Guarantees
A permit applicant may be required by conditions of approval or by action of the Director to
provide adequate security to guarantee the faithful performance and proper completion of
any approved work, and/or compliance with conditions of approval imposed by the review
authority. The provisions of this Section apply to performance guarantees for projects
authorized by any of the land use permits required by this Development Code.
A. Form and amount of security. The required security shall be in a form approved by
the Director, upon recommendation of the City Attorney. The amount of security shall
be as determined by the Director to be necessary to ensure proper completion of the
work and/or compliance with conditions of approval.
B. Security for maintenance. In addition to any improvement security required to
guarantee proper completion of work, the Director may require security for maintenance
of the work, in an amount determined by the Director to be sufficient to ensure the
proper maintenance and functioning of improvements.
C. Duration of security. Required improvement security shall remain in effect until final
inspections have been made and all work has been accepted by the Director, or until
any warranty period required by the Director has elapsed. Maintenance security shall
remain in effect for one year after the date of final inspection.
D. Release or forfeit of security.
1. Upon satisfactory completion of work and the approval of a final inspection (or
after the end of the required time for maintenance security), the improvement
and/or maintenance deposits or bonds shall be released.
2. Upon failure to complete the work, failure to comply with all of the terms of any
applicable permit, or failure of the completed improvements to function properly,
the City may do the required work or cause it to be done, and collect from the
permittee or surety all the costs incurred by the City, including the costs of the
work, and all administrative and inspection costs.
3. Any unused portion of the security shall be refunded to the funding source after
deduction of the cost of the work by the City.
17.42.040 - Time Limits and Extensions
A. Time limits.
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51
I . Unless conditions of approval or other provisions of this Development Code
establish a different time limit, any permit or approval granted in compliance with
Chapter 17.40 (Permit Approval or Disapproval) that is not exercised within 2
years of its approval shall expire and become void, except where an extension of
time is approved in compliance with Subsection B, below.
2. The permit shall not be deemed "exercised" until the permittee has commenced
actual construction (after obtaining any required construction permit) or has
actually commenced the allowed use on the subject site in compliance with the
conditions of approval.
3. For the purposes of this Development Code, actual construction shall mean the
placing of construction materials in a permanent manner, excavation of a
basement, or demolition of existing structures preparatory to rebuilding; provided,
that in all cases construction work shall be diligently pursued until completion of
the subject structure(s).
4. The land use permit shall remain valid after it has been exercised as long as a
Building Permit is active for the project, or a final building inspection or Certificate
of Occupancy has been granted.
5. If a project is to be developed in approved phases, each subsequent phase shall
be exercised within 2 years from the date that the previous phase was exercised,
unless otherwise specified in the permit, or the permit shall expire and be
deemed void. If the project also involves the approval of a Tentative Map, the
phasing shall be consistent with the Tentative Map and the permit shall be
exercised before the expiration of the Tentative Map, or the permit shall expire
and be deemed void.
Extensions of time. Upon request by the applicant, the review authority may extend
the time for an approved permit to be exercised in the following manner.
The applicant shall file a written request for an extension of time with the
Department at least 10 days before the expiration of the permit, together with the
filing fee required by the Council's Fee Resolution.
2. The burden of proof is on the permittee to establish with substantial evidence that
the permit should not expire. If the review authority determines that the permittee
has proceeded in good faith and has exercised due diligence in complying with
the conditions in a timely manner, the review authority may grant a time extension
for up to an additional 1 year from the date of the decision to extend the permit,
provided that the review authority first finds that:
a. The proposed extension is consistent with the General Plan, and any
applicable specific plan, and the overall project remains consistent with
those plans as they exist at the time the extension request is being
considered; and
b. There are adequate provisions for public services and utilities (e.g., access,
drainage, fire protection, sewers, water, etc.), to ensure that the proposed
change would not endanger, jeopardize, or otherwise constitute a hazard to
the public health, safety, or general welfare, or be injurious to the property
or improvements in the vicinity and applicable zoning district.
No more than one time extension shall be granted.
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C. Hearing on expiration. At the request of the applicant, the review authority may hold
a hearing on any proposed expiration of a permit, in compliance with Chapter 17.74
(Public Hearings).
17.42.050 - Changes to an Approved Project
A new development project or land use authorized through a permit granted in compliance
with this Development Code shall be established only as approved by the review authority
and subject to any conditions of approval, except where changes to the project are approved
in compliance with this Section.
A. Request for change. An applicant shall request desired changes in writing, and shall
also furnish appropriate supporting materials and an explanation of the reasons for the
request. Changes may be requested either before or after construction or
establishment and operation of the approved use.
B. Minor changes. The Director may approve changes to an approved site plan,
architecture, or the nature of the approved use if the changes:
1. Are consistent with all applicable provisions of this Development Code;
2. Do not involve a feature of the project that was specifically addressed in, or was a
basis for findings in a negative declaration or environmental impact report for the
project;
3. Do not involve a feature of the project that was specifically addressed in, or was a
basis for conditions of approval for the project or that was a specific consideration
by the review authority in the approval of the permit; and
4. Do not expand the approved floor area or any outdoor activity area by 10 percent
or more over the life of the project.
C. Major changes. Changes to the project that do not comply Subsection B, above, shall
only be approved by the review authority through a new permit application.
17.42.060 - Permits to Run with the Land
A land use permit granted in compliance with this Chapter shall continue to be valid upon a
change of ownership (e.g., of the site, structure, or use that was the subject of the permit
application), provided that the use remains in compliance with all applicable provisions of this
Development Code and any conditions of approval.
17.42.070 - Resubmittals
A. Resubmittals prohibited within 12 months. For a period of 12 months following the
disapproval or revocation/modification of a discretionary land use permit, entitlement, or
amendment granted in compliance with this Development Code, no application for the
same or substantially similar discretionary permit, entitlement, or amendment for the
same site shall be filed.
B. Director's determination. The Director shall determine whether the new application is
for a discretionary land use permit or other approval which is the same or substantially
similar to the previously disapproved or revoked permit, entitlement, or amendment.
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C. Appeal. The determination of the Director may be appealed to the Commission, in
compliance with Chapter 17.70 (Appeals).
D. Council waiver. The Council may waive the prohibition in Subsection A, above if the
Council finds that by reason of changed legal, physical, or sociological circumstances,
reconsideration would be in the best interests of the City.
17.42.080 - Covenants of Easements
A. Applicability. When necessary to achieve the land use goals of the City, the City may
require a property owner holding property in common ownership to execute and record
a Covenant of Easement in favor of the City, in compliance with Government Code
Sections 65870 et seq.
1. A Covenant of Easement may be required to provide for emergency access,
landscaping, light and air access, ingress and egress, parking, solar access, or
for open space.
2. The Covenant of Easement may be imposed as a condition of approval by the
review authority.
B. Form of covenant. The form of the Covenant shall be approved by the City Attorney,
and the Covenant of Easement shall:
1. Describe the real property to be subject to the easement;
2. Describe the real property to be benefited by the easement;
3. Identify the City approval or permit granted which relied on or required the
Covenant; and
4. Identify the purpose(s) of the easement.
C. Recordation. The Covenant of Easement shall be recorded in the County Recorder's
Office.
D. Effect of covenant. From and after the time of its recordation, the Covenant of
Easement shall:
1. Act as an easement in compliance with State law (Chapter 3 (commencing with
Section 801) of Title 2 of Part 2 of Division 2 of the Civil Code), except that it shall
not merge into any other interest in the real property. Civil Code Section 1104
shall be applicable to the conveyance of the affected real property; and
2. Impart notice to all persons to the extent afforded by the recording laws of the
State. Upon recordation, the burdens of the Covenant shall be binding on, and
the Covenant shall benefit, all successors -in -interest to the real property.
E. Enforceability of covenant. The Covenant of Easement shall be enforceable by the
successors -in -interest to the real property benefited by the Covenant and the City.
Nothing in this Section creates standing in any person, other than the City, and any
owner of the real property burdened or benefited by the Covenant, to enforce or to
challenge the Covenant or any requested amendment or release.
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Release of covenant. The release of the Covenant of Easement may be effected by
the Commission, or the Council on appeal, following a noticed public hearing in
compliance with Chapter 17.74 (Public Hearings).
1. The Covenant of Easement may be released by the City, at the request of any
person, including the City or an affected property owner, on a finding that the
Covenant, on the subject property, is no longer necessary to achieve the land use
goals of the City.
2. A notice of the release of the Covenant of Easement shall be recorded by the
Director with the County Recorder's Office.
G. Fees. The City shall impose fees to recover the City's reasonable cost of processing a
request for a release. Fees for the processing shall be established by the Council's
Fee Resolution.
CHAPTER 17.44 — DEVELOPMENT AGREEMENTS
Sections:
17.44.010 - Purpose of Chapter
17.44.020 — Application Requirements
17.44.030 — Hearing Notice
17.44.040 — Review by Planning Commission
17.44.050 — Council Hearing
17.44.060 — Amendment or Cancelation
17.44-070 — Recordation of Agreement, Amendment or Cancelation
17.44.080 — Periodic Review
17.44.010 — Purpose of Chapter
This Chapter is adopted in compliance with the provisions of California Government Code
Sections 65864 through 65869.5.
17.44.020 - Application Requirements
A. Eligibility to Apply. Only a qualified applicant may file an application to enter into a
development agreement. A qualified applicant is a person who has legal or equitable
interest in the real property that is the subject of the development agreement. The
Director may require an applicant to submit proof of the applicant's interest in the real
property and of the authority of any agent to act for the applicant. Before processing
the application, the Director may obtain the opinion of the City Attorney as to the
sufficiency of the applicant's interest in the real property to enter into the agreement.
B. Application Content. The Director shall prescribe the form for each application along
with a processing fee as adopted by the City Council. The Director may require an
applicant to submit such information and supporting data as the Director considers
necessary to process the application.
C. Form of Agreement. Each application shall be accompanied by the form of standard
development agreement established by the City and approved by the Council with any
additional alternatives, modifications or changes proposed by the applicant.
17.44.030 - Hearing Notice
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The Director shall give notice of the City's intention to consider adoption of a development
agreement in conjunction with any other public hearing required by law or this Ordinance, at
least ten (10) days prior to the hearing date. The form, content, and method of providing
notice shall be consistent with notice requirements in Section 17.74.020 of this Development
Code.
17.44.040 - Review by Planning Commission
After a hearing by the Planning Commission, which may be held in conjunction with other
required hearings for the project including amendments to the general plan, rezonings,
subdivision maps, or conditional use permits, the Planning Commission shall make its
recommendation in writing to the Council. The recommendation shall include consideration
of the following:
A. Consistency with the objectives, policies, general land uses and programs specified in
the General Plan and any applicable specific plan;
B. Consistency with the provisions of this Development Code
C. Conformity with public health, safety and general welfare;
D. The affect on the orderly development of property or the preservation of property
values; and
E. Whether the provisions of the Agreement shall provide sufficient benefit to the City to
justify entering into the Agreement.
17.44.050 - Council Hearing
Following notice as provided by Section 17.44.030 above, the Council shall hold a public
hearing. It may accept, modify or disapprove the recommendation of the Planning
Commission. The Council shall not approve the development agreement unless it finds that
the provisions of the agreement are consistent with the General Plan and any applicable
specific plan. If the Council approves the development agreement, it shall do so by the
adoption of an ordinance. After the ordinance approving the development agreement takes
effect, the City may enter into the agreement.
17.44.060 - Amendment or Cancellation
Either party may propose an amendment to, or cancellation in whole or in part, of an
executed development agreement. If proposed by the developer, the procedure for
proposing and adoption of an amendment to or cancellation in whole or in part of the
development agreement shall be the same as the procedure for entering into an agreement
in the first instance. However, where the City initiates the proposed amendment to or
cancellation of the development agreement, it shall first give at least thirty (30) days notice to
the property owner of its intention to initiate such proceedings in advance of the giving of
public notice of hearing.
17.44.070 - Recordation of Agreement, Amendment or Cancellation
A. Within ten (10) days after the City enters into the development agreement, the City
Clerk shall have the agreement recorded with the County Recorder.
B. If the parties to the agreement or their successors in interest amend or cancel the
agreement as provided in Government Code Section 65865.1 for failure of the
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application to comply in good faith with the terms or conditions of the agreement, the
City Clerk shall likewise have record notice of such action with the County Recorder.
17.44.080 - Periodic Review
The City shall review the development agreement every twelve (12) months from the date
the agreement is entered into.
A. The Director shall begin the review proceeding by giving notice that the City intends to
undertake a periodic review of the development agreement to the property owner. The
Director shall give the notice at least thirty (30) days before the date when the matter
shall be considered by the Council.
B. The Council shall receive the Director's report at a regularly scheduled City Council
meeting. A public hearing may be held but is not required. At the meeting, the property
owner must demonstrate good faith compliance with the terms of the agreement. The
burden of proof on this issue is upon the property owner. If a public hearing is held,
notice of the hearing shall be given as provided above by Section 17.44.030 above.
C. The Council shall determine whether or not the property owner has, for the period
under review, complied in good faith with the terms and conditions of the agreement.
D. If the Council finds and determines that the property owner has complied in good faith
with the terms and conditions of the agreement during the period under review, the
review for that period is concluded. If the Council finds and determines that the
property owner has not complied in good faith with the terms and conditions of the
agreement during the period under review, the Council shall order the property owner
to cure the default within sixty (60) days. If the property owner fails to do so, the
Council may modify or terminate the agreement.
ARTICLE 5
Subdivisions
Chapter 17.46 - Applicability and Administration of Subdivision Regulations
17.46.010 - Purpose of Article
17.46.020 - Authority
17.46.030 - Applicability
17.46.040 - Responsibility for Administration
17.46.050 - Advisory Agency
17.46.060 - Authority for Subdivision Decisions
Chapter 17.48 - Subdivision Map Approval Requirements
17.48.010 - Purpose of Chapter
17.48.020 - Type of Subdivision Approval Required
17.48.030 - Applications Deemed Approved
17.48.040 - Exceptions to Subdivision Standards
Chapter 17.50 - Subdivision Design and Improvement Requirements
17.50.010 - Purpose of Chapter
17.50.020 - Applicability of Design and Improvement Standards
17.50.030 - Access, Circulation, Streets
17.50.040 - Energy Conservation
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17.50.050 - Grading
17.50.060- Erosion and Sediment Control
17.50.070 - Landscaping
17.50.080- Monuments
17.50.090- Parcel and Block Design
17.50.100- Public Utilities and Utility Easements
17.50.110 - Residential Density
17.50.120 - Public Water System
17.50.130 - Wastewater
17.50.140 - Storm Drains
17.50.150 - Street Lighting
Chapter 17.52 - Tentative Map Filing and Processing
17.52.010 - Purpose of Chapter
17.52.020 - Tentative Map Preparation, Application Contents
17.52.030 -Tentative Map Filing, Initial Processing
17.52.040 - Evaluation of Application
17.52.050 - Review and Decision
17.52.060 - Tentative Map Public Hearings
17.52.070 - Tentative Map Approval or Disapproval
17.52.080 - Conditions of Approval
17.52.090 - Effective Date of Tentative Map Approval
17.52.100 - Changes to Approved Tentative Map or Conditions
17.52.110 - Completion of Subdivision Process
17.52.120 - Vesting Tentative Maps
17.52.130 - Tentative Map Time Limits, Expiration, and Time Extensions
Chapter 17.54 - Parcel Maps and Final Maps
17.54.010 - Purpose of Chapter
17.54.020 - Parcel Maps
17.54.030 - Waiver of Parcel Map
17.54.040 - Parcel Map Form and Content
17.54.050 - Filing and Processing of Parcel Maps
17.54.060 - Parcel Map Approval
17.54.070 - Final Maps
17.54.080 - Final Map Form and Content
17.54.090 - Filing and Processing of Final Maps
17.54.100 - Final Map Approval
17.54.110 - Supplemental Information Sheets
17.54.120 - Amendments to Recorded Maps
Chapter 17.56 - Additional Subdivision Procedures
17.56.010 - Purpose of Chapter
17.56.020 - Lot Line Adjustments
17.56.030 - Parcel Mergers
17.56.040 - Certificates of Compliance
Chapter 17.58 - Dedications and Exactions
17.58.010 - Purpose of Chapter
17.58.020 - Applicability
17.58.030 - Findings Required for Dedications and Exactions
17.58.040 - School Site Dedications
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17.58.050 - Reservations of Land for Public Facilities
17.58.060 - Right -of -Way Dedications
Chapter 17.60 - Improvement Plans and Agreements
17.60.010 - Purpose of Chapter
17.60.020 - Improvement Plans
17.60.030 - Installation of Improvements
17.60.040 - Improvement Agreements and Security
17.60.050 - Soils Reports
Chapter 17.62 - Reimbursements for Construction
17.62.010 - Findings and Purpose
17.62.020 - Improvements to be Reimbursed
17.62.030 - City Eligibility
17.62.040 - Application for Reimbursement
17.62.050 - Reimbursement Agreement
17.62.060 - Collection of Reimbursements
17.62.070 - Payment of Reimbursements
Chapter 17.64 - Surveys and Monuments
17.64.010 - Purpose of Chapter
17.64.020 - Survey Procedure and Practice
17.64.030 - Monuments
17.64.040 - Survey Information on Final or Parcel Map
CHAPTER 17.46 - APPLICABILITY AND ADMINISTRATION
OF SUBDIVISION REGULATIONS
Sections:
17.46.010 - Purpose of Article
17.46.020 - Authority
17.46.030 - Applicability
17.46.040 - Responsibility for Administration
17.46.050 - Advisory Agency
17.46.060 - Authority for Subdivision Decisions
17.46.010 - Purpose of Article
The provisions of this Article constitute the City of Lodi Subdivision Regulations. These
provisions are intended to supplement, implement, and work with the Subdivision Map Act,
Sections 66410 et seq. of the California Government Code (hereafter referred to as the "Map
Act'). This Article is not intended to replace the Map Act, and must be used in conjunction
with the Map Act in the preparation of subdivision applications, and the review, approval, and
improvement of proposed subdivisions.
17.46.020 - Authority
This Article is adopted in compliance with the Map Act as a local ordinance, as the term is
used in the Map Act. All provisions of the Map Act and future amendments to the Map Act
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not incorporated in this Article shall, nevertheless, apply to all subdivision maps and
proceedings under this Article.
17.46.030 - Applicability
A. Subdivision approval required. All subdivisions within the City shall be authorized
through a map or other approval in compliance with Chapter 17.48 (Subdivision Map
Approval Requirements), and all other applicable provisions of this Article.
B. Conflicts with Map Act. In the event of any conflicts between the provisions of this
Article and the Map Act, the Map Act shall control.
C. Compliance with other regulations required. The approval or conditional approval
of a subdivision map shall not authorize or be deemed to authorize an exception or
deviation from any zoning regulation in this Development Code, or as an approval to
proceed with any development in violation of other applicable provisions of the
Municipal Code or other applicable ordinances or regulations of the City.
D. Exceptions. This Part shall not apply to the following:
1. The financing or leasing of apartments, offices, stores, or similar spaces within
apartment, commercial, or industrial structures, mobile home parks, or trailer
parks (Section 66412(a));
2. Gas, mineral, or oil leases (Section 66412 (b));
3. Boundary line or exchange agreements to which the State Lands Commission or
a local agency holding a trust grant of tide and submerged lands is a party
(Section 66412(e));
4. Any separate assessment in compliance with State Revenue and Taxation Code
Section 2188.7 (Section 66412(f));
5. The leasing of or the granting of an easement to a parcel of land or any portion(s)
of the land, in conjunction with the erection, financing, and sale or lease of a
wind -powered electrical generation device on the land, if the project is subject to
discretionary action by the City (Section 66412(i));
6. The financing or leasing of any parcel of land, or any portion of the land, in
conjunction with the construction of commercial or industrial structures on a
single parcel, unless the project is not subject to review under other City
ordinances regulating design and improvements (Section 66412.1(a));
7. The financing or leasing of existing separate commercial or industrial structures
on a single parcel (Section 66412.1(b))
8. The construction, financing, or leasing of a second dwelling unit under
Government Code Sections 65852.1 and 65852.2, but this Development Code
shall apply to the sale or ownership transfer of the second dwelling unit (Section
66412.2;)
9. Leasing of agricultural land for agricultural purposes (e.g., the cultivation of food
or fiber, and grazing or pasturing of livestock) (Section 66412(k));
10. Subdivisions of four parcels or less for the construction of removable commercial
structures having a floor area of less than 100 square feet (Section 66412.5);
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11. The subdivision of a portion of the operating right-of-way of a railroad corporation
(defined in Public Utilities Code Section 230) which is created by a short -tern
lease (terminable by either party on not more than 30 days notice in writing)
(Section 66428);
12. Land conveyed to or from a governmental agency, public entity, public utility, or
land conveyed to a subsidiary of a public utility for right-of-way, unless a showing
is made in individual cases, upon substantial evidence, that public policy
necessitates a parcel map. "Land conveyed to or from a governmental agency"
includes a fee interest, a leasehold interest, an easement, or a license (Sections
66428 and 66426.5); and
13. The leasing or licensing of a portion of a parcel, or the granting of an easement,
Use Permit, or similar right to a telephone corporation exclusively for the
placement and operation of cellular radio transmission facilities, if the action is
subject to discretionary action by the City (Section 66412(j)).
17.46.040 - Responsibility for Administration
The Community Development Director and Public Works Director are authorized and
directed to administer and enforce the provisions of this Article and applicable provisions of
the Map Act for subdivisions within the City, except as otherwise provided by this Article.
17.46.050 - Advisory Agency
A. Advisory agency established. The advisory agency for subdivision review shall be
the Planning Commission.
B. Authority and duties. The advisory agency shall perform the following duties, and as
further detailed in Section 17.46.060 (Authority for Subdivision Decisions).
1. Approve, conditionally approve, or disapprove all Tentative Maps;
2. Recommend modifications of the requirements of this Article;
3. Review and make recommendations concerning proposed subdivisions in
adjacent cities, and in the unincorporated areas of San Joaquin County in
compliance with the Map Act when the advisory agency has elected to do so;
4. Perform additional duties and exercise additional authorities as prescribed by law
and by this Article.
17.46.060 - Authority for Subdivision Decisions
Table 5-1 (Authority for Subdivision Decisions) identifies the City official or authority
responsible for reviewing and making decisions on each type of subdivision application and
other decision required by this Article.
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TABLE 5-1 - AUTHORITY FOR SUBDIVISION DECISIONS
Type of Subdivision Application
or Decision
Role of Review Authority
Community
Development
Director
Public Works
Director
Commission
Council
Amendments to Approved Tentative
and Tentative Parcel Maps and
Conditions
Decision
Decision/Appeal
Appeal
Amendments to Recorded Maps
Decision
Appeal
Appeal
Certificate of Compliance
Decision
Recommend
Appeal
Appeal
Condominiums (with Final Maps)
Non -Residential Condominiums
Residential Condominiums
Recommend
Recommend
Recommend
Recommend
Recommend
Recommend
Decision
Decision
Condominiums Conversions
Non -Residential Condominiums
Residential Condominiums
Recommend
Recommend
Recommend
Recommend
Recommend
Recommend
Decision
Decision
Extensions of Time — Tentative and
Tentative Parcel Maps
Recommend
Recommend
Decision
Appeal
Final Map
Recommend
Recommend
Decision
Final Parcel Map
Decision
Improvement Agreements
Decision
Appeal
Lot Line Adjustment
Decision
Recommend
Decision (2)
Appeal
Merger
Decision
Recommend
Decision`')
Appeal
Reversion to Acreage Maps
Recommend
Recommend
Decision
Appeal
Subdivision Improvement Plans
Decision
Appeal
Tentative Map, Vesting Tentative
Map
Recommend
Recommend
Decision
Appeal
Tentative Parcel Map
Recommend
Recommend
Decision
Appeal
Wavier of Parcel Maps
Decision
Notes:
(1) 'Recommend means that the review authority makes a recommendation on the approval
or disapproval of the request to a higher decision-making body; "Decision" means that
the review authority makes the final decision on the matter; "Appeal' means that the
review authority may consider and decide upon appeals to the decision of an earlier
decision-making body, in compliance with Chapter 17.70 (Appeals)
(2) The Community Development Director may refer the matter to the Commission for review and
decision.
CHAPTER 17.48 - SUBDIVISION MAP APPROVAL REQUIREMENTS
Sections:
17.48.010 - Purpose of Chapter
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17.48.020 - Type of Subdivision Approval Required
17.48.030 - Applications Deemed Approved
17.48.040 - Exceptions to Subdivision Standards
17.48.010 - Purpose of Chapter
This Chapter determines when City approval of a Tentative Map, Parcel or Final Map is
required. In general, the procedure for subdivision first requires the approval of a Tentative
Map, and then the approval of a Parcel Map (for four or fewer parcels) or a Final Map (for
five or more parcels) to complete the subdivision process. The Tentative Map review
process is used to evaluate the compliance of the proposed subdivision with the adopted
City standards, and the appropriateness of the proposed subdivision design. Parcel and
Final Maps are precise engineering documents that detail the location and dimensions of all
parcel boundaries in an approved subdivision and, after approval, are recorded in the office
of the County Recorder.
17.48.020 - Type of Subdivision Approval Required
Any subdivision of an existing parcel into two or more parcels shall require approval by the
City in compliance with the provisions of this Article.
A. Tentative Map requirements. Any subdivision or resubdivision of land within the City
shall require the filing and approval of a Tentative Map in compliance with Map Act
Section 66426, except as otherwise provided by the Map Act,
B. Parcel and Final Map requirements. A Parcel or Final Map shall be required as
follows.
Parcel Map. A Parcel Map shall be prepared and filed in compliance with
Chapter 17.54 for a subdivision creating four or fewer parcels when required by
the Map Act, except where Map Act Section 66426 exempts a subdivision from
this requirement.
2. Final Map. The filing and approval of a Final Map (Chapter 17.54) shall be
required for a subdivision of five or more parcels.
17.48.030 - Applications Deemed Approved
Any subdivision application deemed approved in compliance with Government Code Section
65956 or Map Act Article 2, Chapter 3 (Government Code Sections 66452 et seq.), shall be
subject to all applicable provisions of this Article which shall be satisfied by the subdivider
before any Building Permits or land use permits are issued. Parcel or Final Maps filed for
record after their Tentative Map is deemed approved shall remain subject to all the
mandatory requirements of this Article and the Map Act, including Map Act Sections 66473,
66473.5 and 66474.
17.48.040 - Exceptions to Subdivision Standards
An exception to any of the provisions of this Article may be requested by a subdivider in
compliance with this Section. An exception shall not be used to waive or modify provisions
of the Map Act, or any provision of this Article that is duplicated or paraphrased from the Map
Act.
A. Application. An application for an exception shall be submitted on forms provided by
the Department together with the required filing fee. The application shall include a
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description of each standard and requirement for which an exception is requested,
together with the reasons why the subdivider believes the exception is justified.
B. Filing and processing. A request for an exception may be filed with the Tentative
Map application to which it applies, or after approval of the Tentative Map. An
exception shall be processed and acted upon in the same manner as the Tentative
Map, concurrently with the Tentative Map if the exception request was filed at the
same time. The approval of an exception shall not constitute approval of the Tentative
Map and shall not extend the time limits for the expiration of the map established by
Section 17.52.130 (Tentative Map Time Limits, Expirations, and Time Extensions).
C. Approval of exception. The Planning Commission shall have the authority to
approve or deny exception requests in compliance with this Section. The Commission
shall not grant an exception unless all the following findings are first made:
1. There are exceptional or extraordinary circumstances or conditions applicable to
the proposed subdivision, including size, shape, topography, location, or
surroundings;
2. The exceptional or extraordinary circumstances or conditions are not due to any
action of the subdivider subsequent to the enactment of this Article;
3. The exception is necessary for the preservation and enjoyment of a substantial
property right possessed by other property in the vicinity and zoning district and
denied to the proposed subdivision;
4. Granting the exception will not be materially detrimental to the public welfare nor
injurious to the property or improvements in the vicinity and zoning district in
which the property is located; and
5. The exception will not affect the consistency of the proposed subdivision with the
General Plan or any applicable Specific Plan.
D. Conditions of approval. In granting an exception, the Commission shall secure
substantially the same objectives of the regulations for which the exception is
requested and shall impose whatever conditions it deems necessary to protect the
public health, safety, general welfare and convenience, and to mitigate any
environmental impacts in compliance with CEQA.
CHAPTER 17.50 - SUBDIVISION DESIGN AND IMPROVEMENT
REQUIREMENTS
Sections:
17.50.010 - Purpose of Chapter
17.50.020 - Applicability of Design and Improvement Standards
17.50.030 - Access, Circulation, Streets
17.50.040 - Energy Conservation
17.50.050 - Grading
17.50.060 - Erosion and Sediment Control
17.50.070 - Landscaping
17.50.080 - Monuments
17.50.090 - Parcel and Block Design
17.50.100 - Public Utilities and Utility Easements
17.50.110 - Residential Density
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17.50.120 - Public Water System
17.50.130 - Wastewater
17.50.140 - Storm Drains
17.50.150 - Street Lighting
17.50.010 - Purpose of Chapter
This Chapter establishes standards for the design and layout of subdivisions, and the design,
construction or installation of public improvements within subdivisions. The purpose of these
standards is to ensure, through careful site evaluation and design, the creation of new usable
parcels that are consistent with the General Plan and any applicable Specific Plan.
17.50.020 - Applicability of Design and Improvement Standards
The requirements of this Chapter apply to subdivisions, and applicable requirements of this
Article, as follows:
A. Extent of required improvements. All subdivisions shall provide the improvements
required by this Article, and any additional improvements required by conditions of
approval.
B. Applicable design standards, timing of installation. The subdivider shall construct
all on- and off-site improvements according to standards approved by the Public
Works Director. No Final Map shall be presented to the Council or Parcel Map to the
Public Works Director for approval until the subdivider either completes the required
improvements, or enters into an agreement with the City for the work.
C. Subdivision improvement standards - Conditions of approval. The applicable
subdivision improvement and dedication requirements of this Article and any other
improvements and dedications required by the review authority in compliance with
Section 17.52.070 (Tentative Map Approval or Disapproval), shall be described in
conditions of approval adopted for each approved Tentative Map (Section 17.52.080).
The design, construction or installation of all subdivision improvements shall comply
with the requirements of the Public Works Director.
D. Conflicting provisions. In the event of any conflict between the provisions of this
Article and other provisions of this Development Code, or other provisions of the
Municipal Code, the most restrictive provisions shall control. In the event of any
conflict between the provisions of this Article and the Map Act, the Map Act shall
control.
E. Extent of improvements required - Four or fewer parcels. Improvements required
for subdivision of four or fewer parcels shall be limited to those allowed by Map Act
Section 66411.1.
F. Oversizing of improvements. The oversizing of the improvements required to be
installed by the subdivider for the benefit of the subdivision may be required in
compliance with the Map Act.
G. City construction. The City may install or construct certain improvements, such as
street signs, water tie-ins, water and sewer taps, etc., which shall be at the expense of
the subdivider as shown in the improvement agreement.
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H. Exceptions. Exceptions to the provisions of this Article may be requested and
considered in compliance with Section 17.48.040 (Exceptions to Subdivision
Standards).
17.50.030 - Access, Circulation, Streets
Proposed subdivisions shall be designed to provide adequate access from each new parcel
to a City street, in compliance with this Section.
A. General access and circulation requirements. The subdivider shall provide a
comprehensive circulation system, designed and constructed in compliance with this
Section, the City's public improvement design standards and construction
specifications, and with the Circulation Element of the General Plan,
1. Public streets shall be required when:
a. The street is shown as an arterial or collector in the Circulation Element of
the General Plan, or any specific plan;
b. The street will be used by the general public as a through access route; or
c. A public street is necessary for special needs including but not limited to bus
routes, public service access, bicycle routes and pedestrian access.
2. Private streets are allowed only in compliance with Subsection F., following
B. Alternative standards. The review authority may consider and approve proposed
access and street design solutions that differ from the provisions of this Section, and
the City's improvement standards where deemed necessary to properly address the
characteristics of adjacent land uses and/or anticipated traffic volumes, or to maintain
neighborhood character. The use of alternative standards shall be authorized through
the exception procedure in Section 17.48.040.
C. Access to subdivision. Every subdivision shall be designed to have access to a City
street. Access shall be provided by:
1. The subdivision abutting a City street, where the length of the subdivision along
the street, the street right-of-way, and the width of the right-of-way will
accommodate the construction of all road improvements required by this Section;
or
2. The subdivision being connected to a City street by a non-exclusive right-of-way
easement for street, utility, and appurtenant drainage facilities purposes, where
the easement shall be:
a. Offered for dedication,
b. Unencumbered by any senior rights that might serve to restrict its proposed
use: and
C. Of a width and location to accommodate the construction of all improvements
required by this Section and the City's public improvement design standards
and construction specifications.
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D. Access to new parcels. Parcels within a proposed subdivision shall be provided
access as follows.
City street access required. Each parcel within a proposed subdivision shall be
provided access by being located on an existing City street or a new City street
designed and improved in compliance with Subsection C., or to a private street if
allowed by Subsection F.
2. Frontage roads. When lots are proposed to front on a major arterial or State
highway, the review authority may require the subdivider to dedicate and improve
a service or frontage road separate from the arterial or highway.
3. Waiver of direct street access. Whenever the review authority finds a safety
hazard would be created as the result of direct access, the review authority may
impose a requirement that any dedication or offer of dedication of a street shall
include a waiver of direct access rights to the street from any property shown on
a Final Map as abutting the street, and that if the dedication is accepted, the
waiver shall become effective in compliance with the provisions of the waiver of
direct access. The review authority may also require waivers of access to an
existing, already dedicated street that abuts the subdivision.
E. Design and improvement of proposed streets. New streets proposed or required
within a new subdivision or adjacent to a new subdivision shall be located and
designed in compliance with adopted City policies, and in compliance with the City's
public improvement design standards and construction specifications.
Access to unsubdivided property. When a proposed subdivision abuts vacant
land that is designated by the General Plan for future subdivision and
development, the review authority may require that streets to be constructed with
the proposed subdivision be extended to the boundary of the property to provide
access to the future development.
Improvements to existing streets.
a. The subdivider shall dedicate and improve all streets, including curbs,
gutters, sidewalks and street pavement in accordance with adopted city
policies.
b. If street improvements exist that do not meet existing city standards or are
inadequate or a hazard to the general public, then these improvements shall
be reconstructed to current city standards.
3. Reimbursement for excess street width. The subdivider or developer may be
reimbursed for excess width street construction and right-of-way or for
construction or permanent improvements which front adjacent property.
Reimbursement shall be made in compliance with Chapter 17.62. For purposes of
this Section excess width streets are defined as:
a. New streets over 68 feet in width;
b. Widenings of existing street in excess of 34 on one side.
F. Private streets. Private roads are allowed as provided in this Section. Private streets
shall not be permitted except where the Commission determines that a private street
system will adequately serve the proposed subdivision, will not be a substantial
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detriment to adjoining properties and will not disrupt or prevent the establishment of an
orderly circulation system in the vicinity of the subdivision.
1. Maintenance requirements. Provisions satisfactory to the Public Works Director
and City Attorney shall be made for lot owners association or other organization
to assume responsibility for the maintenance of private streets and ownership of
the street right-of-ways of any subdivision.
2. Security and conditions. The Commission and/or Council may require any
guarantees and conditions it deems necessary to carry out the provisions of this
Article pertaining to private streets. Private streets and easements providing
access to parcels within a subdivision shall be located and shown on the Parcel
or Final Map.
G. Alternative circulation systems. Proposed subdivisions shall be designed to provide
rights-of-way for pedestrian paths, bikeways and multiple use trails consistent with the
Circulation Element of the General Plan, and/or other applicable General Plan
provisions.
17.50.040 - Energy Conservation
The design of a subdivision for which a Tentative and Final Map are required by this Article
shall provide, to the extent feasible, for future passive or natural heating or cooling
opportunities in the subdivisions, in compliance with Map Act Section 66473.1.
17.50.050 - Grading
Prior to the issuance of a building permit, a grading plan prepared and signed by a registered
civil engineer shall be submitted to the Public Works Director. For subdivisions requiring a
public improvement plan, a grading plan shall be provided with the improvement plan.
A. Grading plan content. Grading plans shall show: the elevations of the natural
ground at all lot corners; the finished grade at corners; the finished pad elevation;
finished floor elevations; rates and directions of all drainage swales; finished sidewalk
elevations at all front lot lines, and existing topographic elevations and drainage
direction a minimum of 100 feet outside the boundary of proposed project area and/or
map.
B. Minimum slopes. The minimum rate of grade of all drainage swales on lots shall be
one-half of one percent.
C. Pad elevation, residential. The building pad elevation of residential lots shall be
established at a minimum of 10 inches above the design sidewalk elevation at the low
side of the lot. The finished floor elevation of slab floor houses shall be a minimum of
16 inches above the sidewalk elevation. The pad elevation of all residential lots shall
be established at least one foot above the water surface in an adjacent storm drain
channel or the ponded surface in an adjacent sump for collection of storm drain
waters.
D. Lot drainage. No inter -lot or a cross drainage shall be permitted. All lots shall drain
their own water to the public street or public drainage facility without passing through
or across an adjacent lot. No lot shall drain water over the bank of a flood control
channel.
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E. Grading exceptions. Specific exceptions to the above requirements may be
authorized at the discretion of the Public Works Director. Exceptions are considered
to be the case of an individual lot or at most a tier of lots and are not to be construed
as extending to an entire subdivision.
F. As -built grading plan. Upon completion of grading operations the owner shall furnish
to the Public Works Director two prints of an as -built grading plan prepared by the
owner's engineer. In case no grading plan had been prepared and no grading permit
had been granted, the subdivider shall furnish to the Public Works Director two prints
of a map signed by the owner's engineer and certifying that no fills had been made on
the lots or else two prints of a map prepared by the owner's engineer showing the
location and depth of all compacted or uncompacted fills that had been made.
17.50.060 - Erosion and Sediment Control
New subdivisions shall be designed so that all proposed grading incorporates appropriate
erosion and sediment control measures in compliance with the City's grading and water
pollution control regulations.
17.50.070 - Landscaping
A. Landscaping requirements. Landscaping shall be provided as follows, and in
compliance with Chapter 17.30 (Landscaping), where applicable.
Residential subdivisions. Residential subdivisions shall be provided
landscaping in the form of street trees on each proposed parcel that is not a flag
lot, landscaping with irrigation facilities for any common areas or other open
space areas within the subdivision, and any additional landscaping required by
the review authority. Proposed street trees shall be as required by the Public
Works Director, and the plantings shall comply with the City's standard
specifications.
2. Nonresidential subdivisions. Nonresidential subdivisions shall be provided
landscaping as required by the review authority.
B. Plant materials, irrigation. All proposed and/or required trees, shrubs, ground
covers, vines, turf, and other plant materials shall be of a type approved by the
Community Development Director and, to the greatest extent practicable, shall be of
drought -resistant and drought -tolerant types or varieties. Plant materials and irrigation
systems shall comply with the requirements of Chapter 17.30 (Landscaping) of this
Development Code. The subdivider shall provide a mechanism or system for the
permanent maintenance of any common area or open space landscaping.
C. Deferral of installation. The installation of required landscaping may be deferred
until the development of the subdivided lots through the provisions of Section
17.60.040 (Improvement Agreements and Security), provided that interim erosion and
sediment control measures are first installed in compliance with Section 17.50.060
above (Erosion and Sediment Control).
17.50.080 - Monuments
The subdivider shall install monuments in compliance with Chapter 17.64 (Surveys and
Monuments), and the Map Act.
17.50.090 - Parcel and Block Design
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The size, shape and arrangement of proposed parcels shall comply with this Section, or with
any General Plan policy, applicable Specific Plan requirement, or other Municipal Code
provisions applicable to a proposed subdivision.
A. Parcel area. The minimum area for new parcels shall be as required by Article 2
(Land Use and Development Standards), except as otherwise provided by this
Section.
Calculation of area. When calculating the area of a parcel to determine
compliance with this Section, Article 2, or the General Plan, the following shall be
deducted from the gross area of any parcel, regardless of whether they may be
used by the general public or are reserved for residents of the subdivision.
a. A vehicular or non -vehicular access easement through the parcel;
b. An easement for an open drainage course, whether a ditch, natural channel
or floodway; or
c. The "flag pole" (access strip) of a flag lot
2. Minimum lot area requirements for common interest projects. The minimum
lot area requirements of Article 2 shall not apply to condominiums and
condominium conversions, planned developments, townhouses, zero lot line, and
similar projects, but shall apply to the creation of the original parcel or parcels that
are the location of the common interest development.
3. Flag lots. The "flag pole" (access strip) portion of a flag lot shall not be less than
16 feet wide nor longer than 100 feet from the public street right-of-way to the
buildable portion of the flag lot.
B. Dimensions. The dimensions of new parcels shall comply with the applicable
provisions of Article 2 (Land Use and Development Standards), or as otherwise
required by the review authority. Lots shall be measured at right angles to the street
on straight street and shall be approximately radial on curved streets.
C. Driveway standards. Proposed parcels shall be designed to accommodate
driveways designed in compliance with Section 17.32.080 (Driveways and Site
Access) of this Development Code.
17.50.100 - Public Utilities and Utility Easements
Each approved parcel shall be provided connections to public utilities, including electricity,
gas, water, wastewater, and telecommunications services, which shall be installed as part of
the subdivision improvements as provided by this Section, and by Section 17.50.130
(Wastewater).
A. Underground utilities required. Utilities in new subdivisions shall be installed
underground, as follows. These requirements do not apply to utility lines which do not
serve the area being subdivided.
When undergrounding is required. All existing and proposed utility distribution
facilities (including electric, telecommunications and cable television lines)
installed in and for the purpose of supplying service to any subdivision shall be
installed underground. Equipment appurtenant to underground facilities,
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including transformers, pedestal mounted terminal boxes and meter cabinets, and
concealed ducts, shall also be located underground, unless otherwise approved
by the review authority based on the recommendations of the Public Works
Director and the Community Development Director.
The subdivider is responsible for complying with the requirements of this Section
and shall make the necessary arrangements with the affected utility companies
for facility installation. The review authority may waive the requirements of this
Section if topographical, soil, or other site conditions make underground
installation infeasible or impractical.
2. Location of installation. Underground utility lines may be installed within street
rights-of-way or along a lot line, subject to appropriate easements being provided
if necessary. When installed within street rights-of-way, their location and method
of installation, insofar as it affects other improvements within the street
right-of-way, shall be subject to the approval of the Public Works Director,
B. Overhead lines. When overhead utility lines are approved by the review authority,
easements shall be located at the rear of lots where practical, and along the side of
lots where necessary.
C. Timing of installation. All underground utilities, water lines, sanitary sewers, and
storm drains installed in streets, shall be constructed before the streets are surfaced.
Connections to all underground utilities, water lines, and sanitary sewers shall be laid
to sufficient lengths to avoid the need for disturbing the street improvements when
service connections are made.
17.50.110 - Residential Density
The maximum number of dwelling units permitted within a proposed subdivision shall not
exceed the density established by the General Plan for the site and the maximum number of
dwelling units permitted by the applicable zoning district.
17.50.120 — Public Water System
With the filing of the improvement plans for the first unit of any subdivision, the subdivider
shall submit a master water plan conforming to the City's Master Water Plan for the entire
area covered by the Tentative Map. The subdivider shall install fire hydrants in compliance
with the requirements of the City Fire Chief. Hydrants may be required outside the limits of
the subdivision for the purpose of serving the subdivision. If the subdivider is required to
install water mains that may serve or benefit properties other than the proposed
development, the City may enter into a reimbursement agreement with the subdivider as
outlined in Chapter 17,62 (Reimbursements for Construction).
17.50.130 - Wastewater
With the filing of the improvement plans for the first unit of any subdivision, the subdivider
shall submit a master sanitary sewer plan conforming to the City's design standards and
Master Sanitary Sewer Plan for the entire area covered by the Tentative Map. If the
subdivider is required to install sanitary sewers that may serve or benefit properties other
than the proposed development, the City will enter into a reimbursement agreement with the
subdivider as outlined in Chapter 17.62 (Reimbursements for Construction).
17.50.140 - Storm Drains
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A. With the filing of the improvement plans for the first unit of any subdivision, the
subdivider shall submit a master storm drainage plan for the entire area covered by
the tentative map. The drainage system shall be designed in compliance with City
design standards and the City Master Storm Drainage Plan.
B. All storm drains and drainage facilities not part of the City's master drainage program
are the responsibility of the subdivider. The subdivider shall receive credits, as
established by the Council from time -to -time by resolution, for all storm drain lines and
manholes constructed by the subdivider.
17.50.150 - Street Lighting
The subdivider shall install electrical facilities and street lights in accordance with City policy.
All plans shall be approved by the City Electric Utility Department.
CHAPTER 17.52 - TENTATIVE MAP FILING AND PROCESSING
Sections:
17.52.010 - Purpose of Chapter
17.52.020 - Tentative Map Preparation, Application Contents
17.52.030 - Tentative Map Filing, Initial Processing
17.52.040 - Evaluation of Application
17.52.050 - Review and Decision
17.52.060 - Tentative Map Public Hearings
17.52.070 - Tentative Map Approval or Disapproval
17.52.080 - Conditions of Approval
17.52.090 - Effective Date of Tentative Map Approval
17.52.1 00 - Changes to Approved Tentative Map or Conditions
17.52.110 - Completion of Subdivision Process
17.52.120 - Vesting Tentative Maps
17.52.130 - Tentative Map Time Limits, Expiration, and Time Extensions
17.52.010 - Purpose of Chapter
This Chapter establishes requirements for the preparation, filing, approval or disapproval of
Tentative Maps, consistent with the requirements of the Map Act.
17.52.020 - Tentative Map Preparation, Application Contents
Tentative Map submittal shall include the application forms, and all information and other
materials prepared as required by the Community Development Department and the Public
Works Director.
17.52.030 - Tentative Map Filing, Initial Processing
A. General filing and processing requirements. Tentative Map applications shall be
submitted to the Community Development Department for processing, be reviewed for
completeness and accuracy, referred to affected agencies, reviewed in compliance
with the California Environmental Quality Act (CEQA) where applicable, and evaluated
in a staff report in compliance with Chapter 17.38 (Application Filing and Processing).
B. Referral to affected agencies. In addition to the procedures outlined in Chapter
17.38 (Application Filing and Processing), a Tentative Map application shall be
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referred to the agencies outlined in this Subsection as required by the Map Act, as well
as any other City department, County, State or Federal agency, or other individual or
group that the Community Development Director believes may be affected by the
subdivision, or may have information useful to the City about issues raised by the
proposed subdivision.
1. Time limits for referrals. As required by Map Act Sections 66453 through
66455.7, referral shall occur within five days of the Tentative Map application
being determined to be complete in compliance with Section 17.38.060 (Initial
Application Review) of this Development Code. An agency wishing to respond to
a referral shall provide the Department with its recommendations by the due date
set by the Community Development Director after receiving the Tentative Map
application.
2. Required referrals. The Community Development Director shall refer Tentative
Map applications for review and comment to any of the following agencies that
will be expected to provide service to the proposed subdivision.
a. City departments;
b. County agencies;
c. Other cities and local agencies;
d. Public utilities; and
e. State agencies.
17.52.040 - Evaluation of Application
After completion of the initial processing and the application being deemed complete in
compliance with Section 17.38.060, the Community Development Director shall:
A. Review and evaluate each Tentative Map as to its compliance and consistency with
applicable provisions of this Article, the General Plan, any applicable Specific Plan,
and the Map Act;
B. Review the Tentative Map in compliance with CEQA;
C. Determine the extent to which the proposed subdivision complies with the findings in
Section 17.52.070 (Tentative Map Approval or Disapproval); and
D. Prepare a staff report to the review authority in compliance with Section 17.52.060
(Tentative Map Public Hearings), describing the conclusions of the evaluations of the
map, and recommending to the review authority the approval, conditional approval, or
denial of the Tentative Map.
17.52.050 - Review and Decision
After review of a Tentative Map in compliance with Section 17.38.060, the Commission shall:
A. Conduct a public hearing on a proposed Tentative Map in compliance with Section
17.52.060 (Tentative Map Public Hearings), and consider the recommendations of the
Community Development Director, any agency comments on the map, and any public
testimony;
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B. Review and evaluate each Tentative Map as to its compliance and consistency with
applicable provisions of this Article, the General Plan, any Specific Plan, and the Map
Act. The review authority's evaluation shall be based on the staff report (Section
17.38.080), information provided by an initial study or environmental impact report
(EIR), where applicable, and any public testimony received; and
C. Within 30 days after the filing of the report and recommendation of the Community
Development Director with the review authority, approve, conditionally approve or
deny the Tentative Map.
Approval or conditional approval of a Tentative Map shall be granted only after the
Commission has first made all findings required by Section 17.52.070 (Tentative Map
Approval or Disapproval). The Commission may impose conditions of approval in
compliance with Section 17.52.080 (Conditions of Approval).
17.52.060 - Tentative Map Public Hearings
When a public hearing is required by this Article for a Tentative Map, the hearing shall be
scheduled and conducted in compliance with this Section, with public notice being provided
in compliance with Chapter 17.74 (Public Hearings) of this Article.
A. Scheduling of hearing, action. After a Tentative Map application has been deemed
complete, a public hearing on the Tentative Map shall be scheduled, and action shall
be taken, within the time limit specified by Map Act Section 66452.1.
B. Distribution of staff report. The staff report on the Tentative Map shall be mailed to
the subdivider (and each tenant of the subject property, in the case of a condominium
conversion) at least three days before any hearing or action on the Tentative Map by
the Commission.
17.52.070 - Tentative Map Approval or Disapproval
In order to approve a Tentative Map and conditions of approval, or to disapprove a Tentative
Map, the Commission shall first make the findings required by this Section. In determining
whether to approve a Tentative Map, the City shall apply only those ordinances, policies, and
standards in effect at the date the Department determined that the application was complete
in compliance with Section 17.52.030 (Tentative Map Filing, Initial Processing), except where
the City has initiated changes to the General Plan, an applicable specific plan, or this
Development Code, and provided public notice as required by Map Act Section 66474.2.
A. Required findings for approval. The Commission may approve a Tentative Map
only when it shall first find that the proposed subdivision, together with the provisions
for its design and improvement, is consistent with the General Plan, and any
applicable Specific Plan, and that none of the findings for denial in Subsection C. can
be made. The findings shall apply to each proposed parcel as well as the entire
subdivision, including any parcel identified as a designated remainder in compliance
with Map Act Section 66424.6.
B. Supplemental findings. The Commission shall make the following findings, when
they are applicable to the specific subdivision proposal.
Construction of improvements. It is in the interest of the public health and
safety, and it is necessary as a prerequisite to the orderly development of the
surrounding area, to require the construction of road improvements within a
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specified time after recordation of the Parcel Map, where road improvernents are
required.
2. Condominiums. Any applicable findings required by the Map Act for
condominium conversions.
3. Dedications or exactions. Any applicable findings required by Section
17.58.030 (Findings Required for Dedications or Exactions), if dedications or
exactions are required.
4. Waiver of Parcel Map. The findings required by Section 17.54.030 (Waiver of
Parcel Map), if waiver of a Parcel Map has been requested with the Tentative
Map application.
C. Findings requiring denial. A Tentative Map shall be denied if the Commission
makes any of the following findings:
1. The proposed subdivision including design and improvements is not consistent
with the General Plan or any applicable Specific Plan;
2. The site is not physically suitable for the type or proposed density of
development;
3. The design of the subdivision or the proposed improvements are likely to cause
substantial environmental damage or injure fish or wildlife or their habitat;
4. The design of the subdivision or type of improvements is likely to cause serious
public health or safety problems;
5. The design of the subdivision or the type of improvements will conflict with
easements, acquired by the public at large for access through or use of, property
within the proposed subdivision. This finding may not be made if the Commission
finds that alternate easements for access or use will be provided, and that they
will be substantially equivalent to ones previously acquired by the public. This
finding shall apply only to easements of record, or to easements established by
judgment of a court of competent jurisdiction, and no authority is hereby granted
to the review authority to determine that the public at large has acquired
easements of access through or use of property within the proposed subdivision;
6. The discharge of wastewater from the proposed subdivision into the community
wastewater system would result in violation of existing requirements prescribed
by the California Regional Water Quality Control Board;
7. Information available to the City indicates adverse soil or geological conditions
and the subdivider has failed to provide sufficient information to the satisfaction of
the Public Works Director or the Commission that the conditions can be corrected
in the plan for the development; or
8. The proposed subdivision is not consistent with all applicable provisions of this
Title, any other applicable provision of the Municipal Code, and the Subdivision
Map Act.
17.52.080 - Conditions of Approval
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Along with the approval of a Tentative Map, the adoption of conditions of approval shall
occur in compliance with this Section, provided that all conditions shall be consistent with the
requirements of the Map Act.
A. Mandatory conditions. The Commission shall adopt conditions of approval that will:
1. Require that parcels, easements or rights-of-way be provided for streets, water
supply and distribution systems, wastewater facilities, solid waste disposal, and
public utilities providing electric, gas and communications services, as may be
required to properly serve the subdivision;
2. Mitigate or eliminate environmental problems identified through the environmental
review process, except where a Statement of Overriding Considerations has been
adopted in compliance with CEQA;
3. Carry out the specific requirements of this Article;
4. Secure compliance with the requirements of this Article and the General Plan;
5. Require that any designated remainder parcels not be subsequently sold or
further subdivided unless a certificate or conditional certificate of compliance
(Section 17.56.040) is obtained in compliance with this Article, and
6. Require the dedication of additional land for bicycle paths, local transit facilities,
(including bus turnouts, benches, shelters, etc.), sunlight easements, and school
sites, in compliance with Map Act Chapter 4, Article 3, where required by the
General Plan.
B. Optional conditions. The Commission may also require as conditions of approval:
1. The waiver of direct access rights to any existing or proposed streets;
2. The reservation of sites for public facilities, including schools, and fire stations,
libraries, parks, and other public uses in compliance with Map Act Chapter 4,
Article 4;
3. Time limits or phasing schedules for the completion of conditions of approval,
when deemed appropriate; or
4. Any other conditions deemed necessary by the review authority to achieve
compatibility between the proposed subdivision, its immediate surroundings, and
the community, or to achieve consistency with City ordinances or state law.
17.52.090 - Effective Date of Tentative Map Approval
The approval of a Tentative Map shall become effective for the purposes of filing a Parcel or
Final Map, including compliance with conditions of approval, immediately after the adoption
of the resolution of decision by the Commission.
17.52.100 - Changes to Approved Tentative Map or Conditions
A subdivider may request changes to an approved Tentative Map or its conditions of
approval before recordation of a Parcel or Final Map in compliance with this Section.
Changes to a Parcel or Final Map after recordation are subject to Section 17.54.120
(Amendments to Recorded Maps).
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A. Limitation on allowed changes. Changes to a Tentative Map that may be granted at
the discretion of the Director in compliance with this Section and include major
adjustments to the location of proposed lot lines and improvements, and reductions in
the number of approved lots (but no increase in the number of approved lots), and any
changes to the conditions of approval, consistent with the findings required by
Subsection D. of this Section. Other changes shall require the filing and processing of
a new Tentative Map.
B. Application for changes. The subdivider shall file an application and filing fee with
the Department, using the forms furnished by the Department, together with the
following additional information:
A statement identifying the Tentative Map number, the features of the map or
particular conditions to be changed and the changes requested, the reasons why
the changes are requested, and any facts that justify the changes; and
2. Any additional information deemed appropriate by the Department.
C. Processing. Proposed changes to a Tentative Map or conditions of approval shall be
processed in the same manner as the original Tentative Map, except as otherwise
provided by this Section.
D. Findings for approval. The Commission shall not modify the approved Tentative
Map or conditions of approval unless it shall first find that the change is necessary
because of one or more of the following circumstances, and that all of the applicable
findings for approval required by Sections 17.52.070.A and B. can still be made:
There was a material mistake of fact in the deliberations leading to the original
approval;
2. There has been a change of circumstances related to the original approval; or
3. A serious and unforeseen hardship has occurred, not due to any action of the
applicant subsequent to the enactment of this Article.
E. Effect of changes on time limits. Approved changes to a Tentative Map or
conditions of approval shall not be considered as approval of a new Tentative Map,
and shall not extend the time limits provided by Section 17.52.130 (Tentative Map
Time Limits, Expiration, and Time Extensions).
17.52.110 - Completion of Subdivision Process
A. Compliance with conditions, improvement plans. After approval of a Tentative
Map pursuant to this Article, the subdivider shall proceed to fulfill the conditions of
approval within any time limits specified by the conditions and the expiration of the
map and, where applicable, shall prepare, file and receive approval of improvement
plans in compliance with Chapter 17.60 (Improvement Plans and Agreements), before
constructing any required improvements.
B. Parcel or Final Map preparation, filing and recordation.
A Parcel Map for a subdivision of four or fewer parcels shall be prepared, filed,
processed and recorded in compliance with Chapter 17.54 (Parcel Maps and
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Final Maps), to complete the subdivision, unless a Parcel Map has been waived
in compliance with Section 17.54.030 (Waiver of Parcel Map).
A Final Map for a subdivision of five or more parcels shall be prepared, filed,
processed and recorded as set forth in Chapter 17.54 (Parcel Maps and Final
Maps), to complete the subdivision.
17.52.120 - Vesting Tentative Maps
This Section establishes procedures to implement the Vesting Tentative Map requirements
of state law, Sections 66498.1 et seq. of the Map Act.
A. Applicability. Whenever this Article requires that a Tentative Map be filed, a Vesting
Tentative Map may instead be filed, provided that the Vesting Tentative Map is
prepared, filed and processed in compliance with this Section. A Vesting Tentative
Map may be filed for residential, commercial or industrial developments.
B. Procedures for processing a Vesting Tentative Map. A Vesting Tentative Map
shall be filed in the same form, have the same contents and accompanying data and
reports and, shall be processed in the same manner as set forth by this Article as a
Tentative Map, except as follows.
Application content. In addition to the information required by Section
17.52.020 (Tentative Map Preparation, Application, Contents), a Vesting
Tentative Map shall include accurately drawn, preliminary plot plans for all
buildings and other structures to be constructed on the property after subdivision.
2. Findings for approval. The approval of a Vesting Tentative Map shall not be
granted unless the Commission first determines that the intended development of
the subdivision is consistent with the zoning regulations applicable to the property
at the time of filing, in addition to all other findings required for Tentative Map
approval by Section 17.52.070 (Tentative Map Approval or Disapproval).
C. Expiration of Vesting Tentative Map. An approved Vesting Tentative Map shall be
subject to the same time limits for expiration as are established for Tentative Maps by
Sections 17.52.130 (Tentative Map Time Limits, Expiration, and Time Extensions).
D. Changes to approved map or conditions. The subdivider may apply for an
amendment to the Vesting Tentative Map or conditions of approval at any time before
the expiration of the Vesting Tentative Map. An amendment request shall be
considered and processed through the same procedures as a new application, in
compliance with this Section and pursuant to the provisions of the Subdivision Map Act
Section 66498.2.
Development rights vested. The approval of a Vesting Tentative Map shall confer
the rights specified by Map Act Section 66498.1 et seq.
F. Duration of vested rights. The development rights vested by this Section shall be
subject to the time limits specified in Map Act Section 66498.5.
17.52.130 - Tentative Map Time Limits, Expiration, and Time Extensions
The processing of a Tentative Map shall be completed, and an approved Tentative Map shall
be subject to the time limits for expiration and procedures for extension as follows.
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A. Expiration of approved Tentative Map. An approved Tentative Map is valid for 24
months after its effective date (Section 17.66.130), except as otherwise provided by
Map Act Sections 66452.6, 66452.11, 66452.13, or 66463.5. At the end of 24 months,
the approval shall expire and become void unless:
A Parcel or Final Map has been filed with the Public Works Director in compliance
with Chapter 17.54 (Parcel Maps and Final Maps); or
2. An extension of time has been granted in compliance with Subsection B.
Expiration of an approved Tentative Map or vesting Tentative Map shall terminate all
proceedings. The application shall not be reactivated unless a new Tentative Map
application is filed.
B. Extensions of time for a Tentative Map. When a subdivider has not completed all
Tentative Map conditions of approval and filed a Parcel or Final Map with the City
within the time limits established by this Section, time extensions may be granted as
follows. Extension requests shall be in writing and shall be filed with the Community
Development Department on or before the date of expiration of the approval or
previous extension, together with the required filing fee.
Tentative Maps and Vesting Tentative Maps. The Commission may grant
extensions to the initial time limit for one year at a time, up to a maximum total of
three years, only after finding that:
There have been no changes to the provisions of the General Plan, any
applicable Specific Plan or this Article applicable to the project since the
approval of the Tentative Map;
b. There have been no changes in the character of the site or its surroundings
that affect how the policies of the General Plan or other standards of this
Article apply to the project; and
c. There have been no changes to the capacities of community resources,
including but not limited to water supply, sewage treatment or disposal
facilities, roads or schools so that there is no longer sufficient remaining
capacity to serve the project.
2. Tentative Maps with multiple Final Maps. Where a subdivider is required to
expend more than the amount specified in Map Act Section 66452.6 and multiple
Final Maps are filed covering portions of a single approved Tentative Map, each
filing of a Final Map shall extend the expiration of the Tentative Map by an
additional 36 months from the date of its expiration, or the date of the previously
filed Final Map, whichever is later. Provided that the total of all extensions shall
not extend the approval of the Tentative Map more than 10 years from its
approval.
CHAPTER 17.54 - PARCEL MAPS AND FINAL MAPS
Sections:
17.54.010 - Purpose of Chapter
17.54.020 - Parcel Maps
17.54.030 - Waiver of Parcel Map
17.54.040 - Parcel Map Form and Content
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17.54.050- Filing and Processing of Parcel Maps
17.54.060- Parcel Map Approval
17.54.070 - Final Maps
17.54.080 - Final Map Form and Content
17.54.090 - Filing and Processing of Final Maps
17.54.100 - Final Map Approval
17.54.110 - Supplemental Information Sheets
17.54.120 - Amendments to Recorded Maps
17.54.010 - Purpose of Chapter
This Chapter establishes requirements for the preparation, filing, approval and recordation of
Parcel and Final Maps, consistent with the requirements of the Map Act.
17.54.020 - Parcel Maps
As required by Sections 17.48.020 (Type of Subdivision Approval Required), and 17.52.110
(Completion of Subdivision Process), a Parcel Map shall be filed and approved to complete
the subdivision process for a subdivision of four or fewer parcels, except when the
requirement for a Parcel Map is waived as set forth in Section 17.54.030. A Parcel Map shall
be prepared, filed and processed as set forth in Sections 17.54.040 through 17.54.060.
17.54.030 - Waiver of Parcel Map
A subdivider may request waiver of a Parcel Map, and the waiver may be granted consistent
with this Chapter, and in compliance with the Map Act.
17.54.040 - Parcel Map Form and Content
A Parcel Map shall be prepared by or under the direction of a qualified, registered civil
engineer or licensed land surveyor, registered or licensed by the State of California. Parcel
Map submittal shall include the application forms, and all information and other materials
prepared as required by the approved Tentative Map, Public Works Department, and City
design standards.
17.54.050 - Filing and Processing of Parcel Maps
A. Filing with the Public Works Department. The Parcel Map, together with all data,
information and materials required by Section 17.54.040 above shall be submitted to
the Public Works Department, The Parcel Map shall be considered submitted when it
is complete and complies with all applicable provisions of this Article and the Map Act.
B. Review of Parcel Map. The Public Works Director shall:
Determine whether all applicable provisions of this Article and the Map Act have
been complied with, that the map is technically correct, and that it is in substantial
compliance with the approved Tentative Map; and
2. Obtain verification from the Community Development Department that the Parcel
Map conforms to the approved Tentative Map and that any conditions of approval
for which that office is responsible have been completed.
If the Parcel Map does not conform as required above, the subdivider shall be notified,
and given the opportunity to make necessary changes and resubmit the Parcel Map,
together with all required data if the Tentative Map has not expired.
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17.54.060 - Parcel Map Approval
After determining that a Parcel Map is technically correct in compliance with Section
17.54.040, the Public Works Director shall sign. After the signature, the map shall be
transmitted to the County Recorder for filing in compliance with Map Act Section 66450.
17.54.070 - Final Maps
As required by Section 17.48.020 (Type of Subdivision Approval Required), a Final Map shall
be filed and approved to complete the subdivision process for a subdivision of five or more
parcels. A Final Map shall be prepared, filed and processed as set forth in Sections
17.54.070 through 17.54.100, and in compliance with the City's design standards.
17.54.080 - Final Map Form and Content
A Final Map shall be prepared by or under the direction of a qualified registered civil
engineer or licensed land surveyor, registered or licensed by the State of California. Final
Map submittal shall include all information and other materials prepared as required by the
Public Works Department and the City's design standards. A Final Map submittal shall also
include a digital copy of the Final Map, prepared using computer software and standards
specified by the Public Works Director.
17.54.090 - Filing and Processing of Final Maps
A. Filing with Public Works Director. The Final Map, together with all data, information
and materials required by Section 17.54.080 above shall be submitted to the Public
Works Director. The Final Map shall be considered submitted when it is complete and
complies with all applicable provisions of this Article and the Map Act.
B. Review of Final Map. The Public Works Director shall review the Final Map and all
accompanying materials, and shall:
1. Determine whether all applicable provisions of this Article and the Map Act have
been complied with, that the map is technically correct, and that it is in substantial
compliance with the approved Tentative Map; and
2. Obtain verification from the Community Development Department that the Final
Map conforms to the approved Tentative Map and that any conditions of approval
for which that office is responsible have been completed.
If the Final Map does not conform as required above, the subdivider shall be notified,
and given the opportunity to make necessary changes prior to Tentative Map
expiration and resubmit the Final Map, together with all required data.
C. Multiple Final Maps. The subdivider may file multiple Final Maps on the approved
Tentative Map if the subdivider either included a statement of intention with the
Tentative Map or, if after the filing of the Tentative Map, the Community Development
Director approved the request.
17.54.100 - Final Map Approval
After determining that the Final Map is in compliance and is technically correct in compliance
with Section 17.54.080, the Public Works Director shall execute the Public Works Director's
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certificate on the map in compliance with Map Act Section 66442, and forward the Final Map
to the Council for action, as follows.
A. Review and approval by Council. The Council shall approve or disapprove the Final
Map at its next regular meeting after the City Clerk receives the map, or at its next
regular meeting after the meeting at which it receives the map, unless that time limit is
extended with the mutual consent of the Public Works Director and the subdivider.
Criteria for approval. The Council shall approve the Final Map if it conforms to
all the requirements of the Map Act, all provisions of this Article that were
applicable at the time that the Tentative Map was approved, and is in substantial
compliance with the approved Tentative Map.
2. Waiver of errors. The Council may approve a Final Map that fails to meet any of
the requirements of this Article or the Map Act applicable at the time of approval
of the Tentative Map, when the Council finds that the failure of the map is a
technical or inadvertent error which, in the determination of the Council does not
materially affect the validity of the map.
Approval by inaction. If the Council does not approve or disapprove the map
within the prescribed time or any authorized extension, and the map conforms to
all applicable requirements and rulings, it shall be deemed approved, and the City
Clerk shall certify its approval on the map.
B. Map with dedications. If a dedication or offer of dedication is required on the Final
Map, the Council shall accept, accept subject to improvement, or reject with or without
prejudice any or all offers of dedication, at the same time as it takes action to approve
the Final Map. If the City Council rejects the offer of dedication, the offer shall remain
open and may be accepted by the City Council at a later date pursuant to Section
66477.2 of the Map Act. Any termination of an offer of dedication shall be processed
in compliance with Section 66477.2 of the Map Act and the street vacation procedure.
C. Map with incomplete improvements. If improvements required by this Article,
conditions of approval or by law have not been completed at the time of approval of
the Final Map, the Council shall require the subdivider to enter into an agreement with
the City as specified in Map Act Section 66462, and Section 17.60.040 (Improvement
Agreements and Security), as a condition precedent to the approval of the Final Map.
D. Transmittal to Recorder. After action by the Council, and after the required
signatures and seals have been affixed, the Final Map shall be transmitted to County
Recorder for filing.
17.54.110 - Supplemental Information Sheets
In addition to the information required to be included in Parcel Maps and Final Maps
(Sections 17.54.040 and 17.54.080, respectively), additional information may be required to
be submitted and recorded simultaneously with a Final Map as required by this Section.
A. Preparation and form. The additional information required by this Section shall be
presented in the form of additional map sheets,
Director determines that the type of information
understandably presented in the form of a repo
map sheet or sheets shall be prepared in the s
same form as required for Parcel Maps by Sect
Content).
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unless the Community Development
required would be more clearly and
f or other document. The additional
ime manner and in substantially the
m 17.54.040 (Parcel Map Form and
B. Content of information sheets. Supplemental information sheets shall contain the
following statements and information:
1. Title. A title sheet, including the number assigned to the accompanying Parcel or
Final Map by the Public Works Director, the words "Supplemental Information
Sheet;"
2. Explanatory statement. A statement following the Title sheet that the
supplemental information sheet is recorded along with the subject Parcel or Final
Map, and that the additional information being recorded with the Parcel or Final
Map is for informational purposes, describing conditions as of the date of filing,
and is not intended to affect record title of interest;
3. Location map. A location map, at a scale not to exceed one inch equals 2,000
feet. The map shall indicate the location of the subdivision within the City;
4. Areas subject to flooding. Identification of all lands within the subdivision
subject to periodic inundation by water;
5. Soils or geologic hazards reports. When a soils report or geological hazard
report has been prepared, the existence of the report shall be noted on the
information sheet, together with the date of the report and the name of the
engineer making the report; and
6. Information required by conditions of approval. Any information required by
the approval body to be included on the supplemental information sheet(s)
because of its importance to potential successors in interest to the property,
including any other easements or dedications.
17.54.120 - Amendments to Recorded Maps
A recorded Parcel or Final Map shall be modified to correct errors in the recorded map or to
change characteristics of the approved subdivision only as set forth in this Section.
A. Corrections. In the event that errors in a Parcel or Final Map are discovered after
recordation, or that other corrections are necessary, the corrections may be
accomplished by either the filing of a certificate of correction or an amending map, in
compliance with Article 7, Chapter 3 of the Map Act. For the purposes of this Section,
"errors" include errors in course or distance (but not changes in courses or distances
from which an error is not ascertainable from the Parcel or Final Map), omission of any
course or distance, errors in legal descriptions, or any other map error or omission as
approved by the Public Works Director that does not affect any property right,
including but not limited to lot numbers, acreage, street names, and identification of
adjacent record maps. Other corrections may include indicating monuments set by
engineers or surveyors other than the one that was responsible for setting
monuments, or showing the proper character or location of any monument that was
incorrectly shown, or that has been changed.
B. Changes to approved subdivision. In the event that a subdivider wishes to change
the characteristics of an approved subdivision, including but not limited to the number
or configuration of parcels, location of streets or easements, or the nature of required
improvements, the construction of which has been deferred through the approval of an
agreement in compliance with Section 17.60.040 (Improvement Agreements and
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Security), a new tentative and Parcel or Final Map shall be filed and approved as
required by Section 17.48.020 (Type of Subdivision Approval Required).
CHAPTER 17.56 - ADDITIONAL SUBDIVISION PROCEDURES
Sections:
17.56.010 - Purpose of Chapter
17.56.020 - Lot Line Adjustments
17.56.030 - Parcel Mergers
17.56.040 - Certificates of Compliance
17.56.010 - Purpose of Chapter
This Chapter provides procedures Lot Line Adjustments, voluntary parcel mergers, and
Certificates of Compliance.
17.56.020 - Lot Line Adjustments
A. Purpose. This Section provides procedures for the preparation, filing, processing, and
approval or denial of Lot Line Adjustment applications, consistent with the policies of
the General Plan and the requirements of Map Act Section 66412(d).
B. Applicability.
As provided by Map Act Section 66412(d), the Lot Line Adjustment procedure is
for the purpose of relocating lot lines between four or fewer existing adjacent
parcels, where land taken from one parcel is added to an adjoining parcel and
where no more parcels are created than originally existed. For the purposes of
this Article, an "adjoining parcel' is one that directly touches at least one of the
other parcels involved in the adjustment.
2. Parcels combined by encumbrances or encroachments of existing structures shall
be considered a single original parcel for purposes of an adjustment in
compliance with this Article.
C. Application and processing. A Lot Line Adjustment application shall be prepared,
filed and processed as follows.
Application content. A Lot Line Adjustment application shall include all
information and other materials required by the Department, and the filing fee
required by the City's Fee Resolution.
2. Processing. Lot Line Adjustment applications shall be submitted to the
Community Development Department and shall be processed in compliance with
the procedures specified by Chapter 17.38 (Application Filing and Processing) of
this Development Code. An environmental review shall not be required, in
compliance with the CEQA Guidelines.
3. Referral of application. The Department shall distribute copies of the
adjustment application to the Public Works Department and other departments
and agencies as is deemed advisable by the Community Development Director.
Each of these entities shall submit to the Department a written report indicating its
findings and recommendations.
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D. Approval or Denial of Lot Line Adjustment. The Community Development Director
shall determine whether the parcels resulting from the adjustment will comply with the
applicable provisions of this Article. The Community Development Director may
approve, conditionally approve, or deny the Lot Line Adjustment in compliance with
this Section. The Community Development Director may also refer the matter to the
Commission for review and decision.
Findings requiring denial. A proposed Lot Line Adjustment shall be denied if
the Department finds any of the following:
a. The adjustment will have the effect of creating a greater number of parcels
than exist before adjustment;
b. Any parcel resulting from the adjustment will conflict with any applicable
regulations of this Development Code; or
c. The adjustment or any resulting parcel will conflict with the General Plan
2. Conditions of approval. In approving a Lot Line Adjustment, the Department
shall adopt conditions or exactions only as necessary to conform the adjustment
and proposed parcels to the requirements of the General Plan, this Development
Code and Chapter 15 (Buildings and Construction) of the Municipal Code, to
reduce the prepayment of rear property taxes prior to the approval of the Lot Line
Adjustment, or to facilitate the relocation of existing utilities, infrastructure, or
easements.
E. Completion of Lot Line Adjustment.
Upon receiving approval of a Lot Line Adjustment, the applicant shall submit for
review new legal descriptions prepared, stamped and signed by a registered civil
engineer, qualified to practice land surveying per Section 8731 of the Land
Surveyors Act, or a licensed land surveyor, along with those items and
information which may have been required by the Public Works Department or
other City departments and agencies. The legal descriptions shall be approved
by the Public Works Director or other designee of the Public Works Department.
Grant deeds containing the approved legal descriptions shall be prepared by the
applicant's engineer or land surveyor and recorded with the County Recorder
along with the certificate of Lot Line Adjustment issued by the Community
Development Director.
Copies of the recorded grant deeds shall be provided by the applicant. When
parcels involved are under separate owners, a combining agreement may be
required.
17.56.030 - Parcel Mergers
A. Merger not required. Two or more contiguous parcels or units of land that have been
subdivided under the provisions of this Article or the Map Act shall not merge by virtue
of the fact that the contiguous parcels are held by the same ownership. No further
proceedings under this Article shall be required for the purpose of sale, lease or
financing, except as provided by this Article.
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B. Processing of requested merger. Upon request of the legal owner of contiguous
parcels, the City may approve the merger of the property in compliance with Map Act
Section 66499.20 3/4.
Application requirements. A request for merger shall include all information
and materials required by the Department, and the filing fee required by the City's
Fee Resolution. Notwithstanding other provisions of this Article, a Tentative Map
or Parcel Map shall not be required for merger, unless required by the Community
Development Director.
Processing. Merger applications shall be submitted to the Department and shall
be processed in compliance with Chapter 17.38 (Application Filing and
Processing).
3. Referral of application. The Community Development Department shall
distribute copies of the merger application to the Public Works Department and
other departments and agencies as is deemed advisable by the Community
Development Director. Each of these entities shall submit to the Community
Development Department a written report indicating its findings and
recommendations.
4. Review and decision. The Community Development Director shall have the
authority to approve, approve with conditions, or deny proposed parcel mergers,
provided that the Community Development Director may refer any proposed
merger to the Commission for review and decision.
5. Completion of merger. Upon receiving approval of a lot merger, the applicant
shall submit for review new legal descriptions prepared, stamped and signed by a
registered civil engineer, qualified to practice land surveying per Section 8731 of
the Land Surveyors Act, or a licensed land surveyor, along with any other
information and materials required by the Public Works Department or other City
departments and agencies. The legal descriptions shall be approved by the
Public Works Director or other designee of the Public Works Department. Grant
deeds containing the approved legal descriptions shall be prepared by the
applicant's engineer or land surveyor and recorded with the County Recorder
along with a certificate of lot merger issued by the Community Development
Director. Copies of the recorded grant deeds shall be provided by the applicant.
17.56.040 - Certificates of Compliance
A. Purpose. This Section provides procedures for the filing, processing, and approval or
denial of Certificates of Compliance and Conditional Certificates of Compliance,
consistent with the Map Act.
B. Applicability. A Certificate of Compliance is a recorded document acknowledging
that the City considers the subject parcel to be a legal lot of record. A Conditional
Certificate of Compliance is used instead of a Certificate of Compliance to validate a
parcel that was not legally subdivided. Any person owning real property, or a
purchaser of the property in a contract of sale of the property, may request a
Certificate of Compliance.
C. Application contents. A Certificate of Compliance application shall include the form
provided by the Department, the required filing fee, and a chain of title, consisting of
copies of all deeds beginning before the division and thereafter, unless the parcels
were created through a recorded subdivision map.
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D. Review and approval.
Public Works Director review. The Public Works Director shall review all
available information and make a determination whether the real property was
divided in accordance with the Map Act, this Article, and other applicable
provisions of the Municipal Code. Upon making the determination, the Public
Works Director shall cause a Certificate of Compliance to be filed with the County
Recorder. In the event that the Public Works Director determines that the real
property does not comply with the provisions of this Article or the Map Act, the
application shall instead be processed as a Conditional Certificate of Compliance
(Subsection E.).
2. Form of certificate. The Certificate of Compliance shall identify the real
property, shall state that the division complies with the provisions of the Map Act
and this Article, and shall include all information required by Map Act Section
66499.35.
3. Effective date of certificate. A Certificate of Compliance shall not become final
until the document has been recorded by the County Recorder.
Conditional Certificates of Compliance. A Conditional Certificate of Compliance is
used to validate a parcel that was not legally divided. If the current owners are the
original subdividers, conditions may be based on current standards. The preparation,
filing and processing of a Conditional Certificate of Compliance application shall occur
in compliance with this Section.
Application. An application for a Conditional Certificate of Compliance shall be
prepared and include the same materials as a Certificate of Compliance.
Review and approval. Upon making a determination that the real property does
not comply with the provisions of this Article or the Map Act, the Public Works
Director shall grant a Conditional Certificate of Compliance, imposing conditions
as provided by Subsection E.3 (Conditions of Approval).
3. Conditions of approval. If the owners of the property for which a certificate is
requested are the original subdividers, the Public Works Director may impose any
conditions that would be applicable to a current subdivision, as provided by the
Map Act and this Article, regardless of when the property was divided. If the
owners had no responsibility for the subdivision that created the parcel, the Public
Works Director may only impose conditions that would have been applicable at
the time the property was acquired by the current owners.
4. Appeal. A decision to issue a Conditional Certificate of Compliance and/or the
conditions imposed by the Public Works Director may be appealed to the
Commission in compliance with Chapter 17.70 (Appeals) of this Title.
5. Completion of process. Following expiration of the 10 -day appeal period after
the determination and imposition of conditions by the Public Works Director, the
Public Works Director shall file a Conditional Certificate of Compliance with the
County Recorder. The certificate shall identify the property, and serve as notice
to the property owner or purchaser who applied for the certificate, a grantee of the
owner, or any subsequent transferee or assignee of the property that the
fulfillment and implementation of the conditions shall be required before
subsequent issuance of a permit or other approval for the development of the
property.
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6. Effective date of certificate. A Conditional Certificate of Compliance shall not
become effective until the document has been recorded by the County Recorder.
CHAPTER 17.58 - DEDICATIONS AND EXACTIONS
Sections:
17.58.010 - Purpose of Chapter
17.58.020 - Applicability
17.58.030 - Findings Required for Dedications and Exactions
17.58.040 - School Site Dedications
17.58.050 - Reservations of Land for Public Facilities
17.58.060 - Right -of -Way Dedications
17.58.010 - Purpose of Chapter
This Chapter establishes standards for subdivider dedications of land or payment of fees, in
conjunction with subdivision approval.
17.58.020 - Applicability
A. Compliance required. All proposed subdivisions shall comply with the requirements
of this Article for dedications, reservations, or the payment of fees.
B. Conditions of approval. The requirements of this Article as they apply to a specific
subdivision shall be described in conditions of approval adopted by the review
authority for the Tentative Map.
17.58.030 - Findings Required for Dedications and Exactions
The review authority may require any of the dedications or exactions described in this Article
through conditions of approval of a proposed Tentative Map only after first making findings
which:
A. Identify the purpose for the dedication or exaction; and
B. Demonstrate that there is a reasonable relationship between the need for the
dedication or exaction and the characteristics and impacts of the subdivision from
which the dedication or exaction is required.
17.58.040 - School Site Dedications
A. Dedication requirement. In compliance with Map Act Section 66478, a subdivider
may be required to dedicate land as the review authority determines to be necessary
for adequate elementary school facilities for the residents of the subdivision.
Dedication may be required only if the subdivider and/or successors in interest to the
property:
1. Have owned the land being subdivided for less than 10 years before filing the
Tentative Map; and
2. Develop, or complete the development, of a subdivision of more than 400
dwelling units within a single school district, within a period of three years or less.
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B. Tentative Map approval. If the Lodi Unified School District, as applicable, responds
to the referral of the Tentative Map application (Section 17.52.030) with a report to the
City describing the land the district deems necessary and suitable to provide adequate
elementary school service to residents of the proposed subdivision, the review
authority shall require the dedication of land as a condition of approval of the Tentative
Map. As required by Map Act Section 66478, the dedication requirement shall not
make development of the remaining land held by the subdivider economically
unfeasible, or substantially exceed the amount of land ordinarily allowed under the
procedures of the State Allocation Board.
C. Timing of dedication. The required dedication may occur before, concurrently with,
or up to 60 days after the filing of a Final Map on any portion of the subdivision. If the
school district accepts the dedication, the district shall pay the subdivider the amounts
required by Map Act Section 66478, and shall record the certificate required by Map
Act Section 66478.
D. Termination of dedication requirement. The requirement of dedication shall
automatically terminate unless, within 30 days after the requirement is imposed by the
review authority, the school district makes a binding commitment to the subdivider
agreeing to accept the dedication at any time before the construction of the first 400
dwelling units. Upon acceptance of the dedication, the school district shall repay to
the subdivider and/or successors the costs specified in Business and Professions
Code Section 11525.2.
E. Judicial review. Any person who is aggrieved by or fails to agree to the
reasonableness of any requirement imposed in compliance with this Section may bring
a special proceeding in the Superior Court in compliance with Map Act Section
66499.37.
Reversion of land - Repurchase. Should the school district find itself unable to
accept the dedication for reasons other than specified in the commitment with the
subdivider, the dedicated land shall revert to the subdivider. If the dedication is
accepted and the school district within 10 years from the date of acceptance offers the
property or any substantial part thereof for public sale, the subdivider shall have the
first option to repurchase the property for the price paid by the district, plus a sum
equal to the amount of property taxes which would have been paid during the period of
public ownership.
17.58.050 - Reservations of Land for Public Facilities
As a condition of approval of a Tentative Map, the City may require the subdivider to reserve
sites appropriate in area and location for fire stations, libraries or other public uses, pay an
in -lieu fee or both at the option of the City in compliance with this Section.
A. Standards for reservation of land.
Location of land. Where a fire station, library, or other public use is shown in the
General Plan or applicable Specific Plan, the subdivider may be required by the
City to reserve sites as determined by the City in compliance with the standards
in the applicable plan.
2. Configuration. The reserved area shall be of a size and shape that will permit
the balance of the property to develop in an orderly and efficient manner. The
amount of land to be reserved shall not make development of the remaining land
held by the subdivider economically unfeasible. The land to be reserved shall be
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in multiples of streets and parcels that will permit an efficient division of the
reserved area if it is not acquired within the period determined by Subsection B.
following (Procedure for Reservation of Land).
B. Procedure for reservation of land. The public agency for whose benefit an area has
been reserved shall at the time of approval of the Parcel or Final Map enter into a
binding agreement with the subdivider to acquire the reserved area within two years
after the completion and acceptance of all improvements, unless a longer time is
authorized by mutual agreement.
C. Purchase price of reserved land. The purchase price shall be the market value of
the land at the time the Tentative Map is filed, plus the property taxes against the
reserved area from the date of the reservation, and any other costs incurred by the
subdivider in maintaining the reserved area, including interest costs incurred on any
loan covering the reserved area.
D. Termination of reservation. If the public agency for whose benefit an area has been
reserved does not enter into a binding agreement as described in Subsection B. above
(Procedure for Reservation of Land), the reservation shall automatically terminate.
17.58.060 - Right -of -Way Dedications
A. Offers of dedication required. As a condition of Tentative Map approval, the
subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of
land within the subdivision that are needed for streets, alleys, including access rights
and abutters' rights, drainage, public utility easements, and other public easements. In
addition, the subdivider shall improve or agree to improve all streets, alleys, including
access rights and abutters' rights, drainage, public utility easements, and other public
easements.
B. Improvements. The subdivider shall construct or agree to construct all improvements
approved or required for the subdivision, including access rights and abutters' rights, in
compliance with the City's improvement standards.
C. Rights-of-way, generally. Rights-of-way shall be of sufficient size to accommodate
the required improvements. In addition, where parcels front on a City -maintained road
of insufficient width, or when the existing right-of-way is not deeded, the subdivider
shall dedicate right-of-way sufficient for the ultimate facility.
D. Limited access designation. Whenever the review authority finds a safety hazard
would be created as the result of direct access, the review authority may impose a
requirement that any dedication or offer of dedication of a street shall include a waiver
of direct access rights to the street from any property shown on a Final Map as
abutting the street, and that if the dedication is accepted, the waiver shall become
effective in compliance with the provisions of the waiver of direct access. The review
authority may also require waivers of access to an existing street already dedicated
which abuts the subdivision.
E. Transit facilities. Dedications in fee simple or irrevocable offers of dedication of land
within the subdivision may be required for local transit facilities including bus turnouts,
benches, shelters, landing paths and similar items that directly benefit the residents of
the subdivision if deemed necessary by the Public Works Director, and if, in
compliance with Map Act Section 66475.2:
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1. The subdivision as shown on the Tentative Map has the potential for 200 dwelling
units or more if developed to the maximum density shown in the General Plan;
and
2. The review authority finds that transit services are or will, within a reasonable time
period, be available to the subdivision.
F. Alternative transportation systems. Whenever the subdivision falls within an area
designated for the development of bikeways, hiking or equestrian trails in the General
Plan, Parks and Recreation or Bikeways Master Plans, applicable Specific Plan, or
implementing legislation, the subdivider shall dedicate land as is necessary to provide
for these ways.
Sections:
17.60.010 - Purpose of Chapter
17.60.020 - Improvement Plans
17.60.030 - Installation of Improvements
17.60.040 - Improvement Agreements and Security
17.60.050 - Soils Reports
17.60.010 - Purpose of Chapter
This Chapter establishes procedures and requirements for the review and approval of
improvement plans, the installation of improvements, agreements and guarantees for their
installation, and dedications.
17.60.020 - Improvement Plans
After the approval of a Tentative Map, the subdivider shall diligently proceed to complete any
improvements necessary to fulfill the conditions of approval. Improvement shall be defined
as any infrastructure including streets, storm drains, sewers and the like. Before the
construction of any improvements, the subdivider shall submit plans to the City as follows:
A. Preparation and content. Improvement plans shall be prepared by a California
registered civil engineer. Improvement plan submittals shall include all items in
compliance with the City's design standards and construction specifications.
B. Submittal of plans. Improvement plans shall be submitted to the Public Works
Director for review and approval. Upon the approval of improvement plans in
compliance with Subsection C. following, the subdivider shall also submit to the Public
Works Director a detailed cost estimate of all improvements, based on guidelines
provided by the City.
C. Review and approval. Improvement plans shall be reviewed and approved by the
Public Works Director, within the time limits provided by Map Act Section 66456.2.
D. Effect of approval. The final approval of improvement plans shall generally be
required before approval of a Final Map. The approval of improvement plans shall not
bind the City to accept the improvements nor waive any defects in the improvements
as installed.
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17.60.030 - Installation of Improvements
Required improvements shall be constructed or otherwise installed:
A. After the approval of improvement plans in compliance with Section 17.60.020; and
B. Before the approval of a Parcel or Final Map in compliance with Sections 17.54.060
(Parcel Map Approval) or 17.54.100 (Final Map Approval), except where
improvements are deferred in compliance with Section 17.60.040 (Improvement
Agreements and Security).
17.60.040 - Improvement Agreements and Security
Any improvement agreement, contract or act required or authorized by the Map Act, for
which security is required, shall be secured in one of the manners provided for in Section
66499 et seq. of the Subdivision Map Act.
A. Amount of security.
The improvement security shall be in the amount of one hundred percent of the
total estimated cost of the improvements or of the act to be performed,
conditioned upon the faithful performance of the act or agreement and an
additional security for the security of laborers and material in an amount not less
than 50 percent of the total estimated cost of the improvement or the performance
of the required act securing payment to the contractor, subcontractors and the
persons furnishing labor and materials or equipment to them for the improvement
or the performance of the required act.
2. If the improvement security is other than a bond or bonds furnished by duly
authorized corporate surety, an additional amount shall be included as
determined by the City Council as necessary to cover the cost and reasonable
expenses and fees, including reasonable attorneys' fees, which may be incurred
by the city in successfully enforcing the obligation secured.
The improvement security shall also secure faithful performance of any changes
or alterations in the work to the extent that such changes or alterations do not
exceed ten percent of the original estimated cost of the improvement.
B. Release of security. The improvement security required by this Section shall be
released as follows:
Security given for faithful performance of any act or agreement shall be released
upon the final completion and acceptance of the act or work; provided, however,
that the Public Works Director may release a portion of the security in conjunction
with the acceptance of the performance of the work as it progresses upon
application therefore by the subdivider; provided, however, that no more than 90
percent of the value of the work and/or materials actually furnished and installed
may be released until final completion and compliance of the act or work.
2. Security securing the payment to the contractor, his or her subcontractors and to
persons furnishing labor, materials or equipment may, after passage of the time
within which claims of lien are required to be recorded pursuant to Article 3
(commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division 3 of
the Civil Code and after acceptance of the work, be reduced to an amount not
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less than the total claimed by all claimants for whom claims of lien have been
recorded and notice thereof given in writing to the Council, and if no claims have
been recorded, the security may be released in full.
3. No security given for the guarantee or warranty of work shall be released until the
expiration of the period thereof.
17.60.050 - Soils Reports
A. A preliminary soils report, prepared by a California -registered civil engineer and based
upon adequate test borings, shall be submitted to the Public Works Director for every
subdivision.
B. A preliminary soils report may be waived by the Public Works Director provided that
the Public Works Director finds that due to the knowledge the City has as to the soils
qualities of the soils in the subdivision, no preliminary analysis is necessary.
C. If the City has knowledge of, or the preliminary soils report indicates, the presence of
critically expansive soils or other soils problems which, if not corrected, would lead to
structural defects, a soils investigation of each lot in the subdivision may be required
by the Community Development Director. The soils investigation shall be done by a
California -registered civil engineer, who shall recommend the corrective action that is
likely to prevent structural damage to each structure proposed to be constructed in the
area where such soils problem exists.
D. The review authority may approve the subdivision or portion thereof where soils
problems exist if it determines that the recommended action is likely to prevent
structural damage to each structure to be constructed; and a condition to the issuance
of any Building Permit may require that the approved recommended action be
incorporated in the construction of each structure.
CHAPTER 17.62 - REIMBURSEMENTS FOR CONSTRUCTION
Sections:
17.62.010 - Findings and Purpose
17.62.020 - Improvements to be Reimbursed
17.62.030 - City Eligibility
17.62.040 - Application for Reimbursement
17.62.050 - Reimbursement Agreement
17.62.060 - Collection of Reimbursements
17.62.070 - Payment of Reimbursements
17.62.010 - Findings and Purpose
The Council hereby finds and declares as follows
A. The construction of new streets and water, sewer and storm drains often benefits other
properties. Benefits may occur through the provision of supplemental capacity
(oversize lines) or installations across or opposite unserved property that would be
required to make such improvements upon development or service connection.
B. The state of California, in Government Code Sections 66485 through 66489 requires
that the city either pay for or enter into an agreement to reimburse the installing party,
including an amount attributable to interest for such installations. To pay the costs as
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required by the reimbursement agreement, the city may collect funds from the other
properties which benefit from such installations.
C. The City has adopted a development impact mitigation fee ordinance (Municipal Code
Chapter 15.64) which provides for reimbursement and collection of funds under only a
portion of the circumstances described in Subsection A.
D. The purpose of Chapter 15.64 is to identify the improvements which are reimbursable
under the development impact mitigation fee program and to provide a uniform
reimbursement procedure for the cost of improvements which are to be reimbursed
from other properties. For purposes of this Article, "applicant" means the owner of the
property for which the improvements are being installed or are required to be installed
perthe Municipal Code.
17.62.020 - Improvements to be Reimbursed
A. The cost of the following improvements shall be reimbursed from the appropriate
development impact mitigation fee fund. The terms of the reimbursement shall comply
with Chapter 15.64.
1. Oversize water mains and major crossings required per Chapter 13.08;
2. Oversize sewers and storm drains required per Chapter 13.12;
3. Excess width street construction and right-of-way required per Chapter 15.44;
4. Any other construction identified in the City Capital Improvement Program as a
project to be funded with development impact mitigation fees.
B. The cost of other improvements which benefit other property or would be required of
that property upon development, shall be reimbursed in compliance with this Article.
17.62.030 - City Eligibility
Whenever the City constructs improvements meeting the requirements of this Article, the
City shall be eligible for reimbursement in a like manner as other applicants.
17.62.040 - Application for Reimbursement
A. Whenever an applicant constructs improvements eligible for reimbursement under this
Article, the applicant shall file a request with the Public Works Director. The request
shall include:
1. A description of the improvements and the additional properties receiving the
benefit, including drawings showing the items for reimbursements;
2. Engineering calculations and data as described in the City's public improvement
design standards;
3. An itemized record of cost for the improvements; and
4. Application fees as determined by the City's Fee Resolution.
B. All applications for reimbursement shall be filed no later than one year after the
acceptance of the improvements by the City. The City will make no effort to delay
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project approval or otherwise condition payment of reimbursements from other
properties benefitting from the improvements prior to completion of a reimbursement
agreement.
17.62.050 - Reimbursement Agreement
A. Within 60 days of receipt of a completed application, the Public Works Director shall
prepare a reimbursement agreement containing the following provisions:
1. The amount of reimbursable costs shall include construction costs less any
applicable credits plus 10 percent for administrative and engineering costs.
Applicable Public Works fees shall also be added. Costs of financing, bonds or
other applicant costs shall not be included.
2. The total reimbursable cost shall be apportioned to the benefiting properties as
appropriate. Costs of transitions, utility stubs or other minor work shall not be
apportioned to adjacent property.
3. The reimbursable amount shall be recalculated annually to include an amount
attributable to interest, using the Engineering News Record 20 Cities Construction
Cost Index as of the end of the year. The reimbursable amount for subsequent
years shall be the prior year reimbursable amount less any reimbursements made
during the year, all multiplied by the percentage change in the Index over the
year.
4. The agreement shall provide that the City will collect the appropriate charge from
the properties identified in the agreement and reimburse the applicant or the
applicant's heirs, successors or assigns, for a period of 15 years from the date of
the agreement only. Reimbursement agreements to recover funds advanced by
City for projects shall expire after 15 years; reimbursement charges will not be
collected after that time.
5. Prior to approval of the reimbursement agreement, the Council shall conduct a
public hearing. The hearing shall be conducted within 90 days of receipt of the
completed application. The applicant and property owner of each parcel
identified in the reimbursement agreement shall be notified of the hearing by
registered mail at least 10 calendar days prior to the hearing.
B. The reimbursement agreement shall be numbered and filed by the Public Works
Director.
17.62.060 - Collection of Reimbursements
A. For any property on which the Council has approved a public improvement
reimbursement agreement, the appropriate charge shall be collected by the city upon
development. Development shall mean any of the following:
1. Service connection to the utility covered by the reimbursement agreement;
2. Filing of a Final Map;
3. Filing of a Parcel Map unless the City requirement for installation of public
improvements is waived or deferred; or
4. Issuance of a Building Permit.
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B. In the event the activity described in Subsection A only occurs on a portion of the area
covered by the reimbursement agreement, the reimbursement charge shall be
apportioned by the Public Works Director and the appropriate charge made upon the
developing portion.
17.62.070 - Payment of Reimbursements
A. Upon collection of reimbursement charges, the Public Works Director shall prepare a
letter of entitlement stating the amount of the charge collected, reference the
agreement number and administrative charge to be retained by the City. The letter
shall be forwarded to the Finance Director for actual reimbursement.
B. The administrative fee for collecting the charge and mailing the reimbursement shall
be determined by the Council.
C. The Finance Director shall mail the reimbursement amount to the last address of the
applicant on file with the Finance Director,
D. Any reimbursement amount returned or unclaimed after two years from the date of
mailing shall be deposited in the appropriate development impact mitigation fee fund.
CHAPTER 17.64 - SURVEYS AND MONUMENTS
Sections:
17.64.010 - Purpose of Chapter
17.64.020 - Survey Procedure and Practice
17.64.030 - Monuments
17.64.040 - Survey Information on Final or Parcel Map
17.64.010 - Purpose of Chapter
This Chapter provides requirements for subdivision survey work and the placement of
subdivision monuments.
17.64.020 - Survey Procedure and Practice
The procedure and practice of all survey work done on any subdivision, whether for
preparation of a Final Map or Parcel Map shall conform to the standard practices and
principles of land surveying, the California Land Surveyor's Act, and the provisions of this
Article. All related documents shall be executed by a registered civil engineer licensed to
practice land surveying in California, or a California -licensed land surveyor.
A. Traverse. The traverse of the exterior boundaries of the subdivision computed from
field measurements of the ground must close within a limit of error of one foot to
10,000 feet of perimeter before balancing the survey.
B. Field notes. When required by the Public Works Director, the engineer or surveyor
making the survey shall prepare complete field notes, in a form satisfactory to the
Public Works Director, showing references, ties, locations, elevations and other
necessary data relating to monuments, set in compliance with these regulations, and
shall submit the notes to the Public Works Director to be indexed and retained as a
part of the permanent public record of his office.
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C. Geodetic monuments. Whenever the Public Works Director has established a
system of coordinates which is within a reasonable distance of the subdivision
boundary, as determined by the Public Works Director, the field survey shall be tied
into the City's monument system.
17.64.030 - Monuments
In surveying a subdivision, the engineer or surveyor shall set sufficient permanent
monuments so that any part of the survey may be readily retraced. Survey monuments shall
be set by the engineer or surveyor for all new subdivisions requiring a Parcel Map or Final
Map (Division 16-122, Subdivision Map Approval Requirements), unless waived by the
Public Works Director, in compliance with this Section.
A. Boundary monuments.
Boundary monuments shall be set on the exterior boundary of the subdivision at
all corners, angle points, beginnings and ends of curves and at intermediate
points approximately 1,000 feet apart. The locations of inaccessible points may
be established by ties and shall be so noted on the Final Map or Parcel Map.
2. All exterior boundary monuments shall be set prior to recordation of the Final Map
or Parcel Map or as certified on the Final Map or Parcel Map.
B. Interior monuments. Whenever interior monuments are required, the monuments
shall be set in compliance with the City of Lodi Public Works Department Public
Improvement Design Standards, or as otherwise required by the Public Works
Director.
C. Monument type and positioning. All monuments set in the course of the survey
shall be as specified by the Public Works Director and shall be set to the depth and in
the manner prescribed by the Public Works Director in the Public Improvement Design
Standards.
D. Identification marks. All monuments shall be permanently and visibly marked or
tagged with the registration or license number of the engineer or surveyor who signs
the engineer's or surveyor's certificate and under whose supervision the survey is
made.
E. Replacement of destroyed monuments. Any monument which is disturbed or
destroyed before acceptance of all improvements by the City shall be replaced by the
developer.
F. Timing of monument installation. The timing of the installation of a monument shall
be in compliance with the Map Act (Section 66496).
G. Notice of completion. Within five days after all monuments have been set, the
engineer or surveyor shall give written notice to the developer and the Public Works
Director that the final monuments have been set. Verification of payment to the
engineer or surveyor shall be filed as required by the Map Act (Article 9, Chapter 4).
The cost of setting monuments shall be included in the engineer's estimate for
improvements in compliance with Section 17.60.040 (Improvements Agreements and
Security).
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H. Inspection and approval. All monuments shall be subject to the inspection and
approval of the Public Works Director.
17.64.040 - Survey Information on Final or Marcel Map
The following survey information shall be shown on each Final Map or Parcel Map for which
a field survey was made in compliance with this Article.
A. Stakes, monuments (together with their precise position and description) or other
evidence found on the ground, to determine the boundaries of the subdivision;
B. Corners of all adjoining properties identified by lot and block numbers, subdivision
names, numbers and pages of record, or by section, township and range, or other
proper designation;
C. The location and description of any required monuments to be set after recordation of
the Final Map, and the statement that they are "to be set";
D. Bearing and length of each lot line, block line and boundary line and each required
bearing and distance;
E. Length, radius, and angle of each curve and the bearing of each radial line to each lot
corner on each curve;
F. The centerlines of any street or alley in or adjoining the subdivision which have been
established by the Public Works Director, together with reference to a field book or
map showing the centerline and the monuments which determine its position. If
determined by ties, that fact shall be so stated; and
G. Any other survey data or information as may be required to be shown by the Public
Works Director or by the provisions of this Article.
ARTICLE 6
Development Code Administration
Chapter 17.66 - Administrative Responsibility
17.66.010 - Purpose of Chapter
17.66.020 - Planning Agency Defined
17.66.030 - City Council
17.66.040 - Planning Commission
17.66.050 - Site Plan and Architectural Approval Committee (SPARC)
17.66.060 - Community Development Director
Chapter 17.68 - Nonconforming Uses, Structures, and Parcels
17.68.010 - Purpose of Chapter
17.68.020 - Restrictions on Nonconforming Uses and Structures
17.68.030 - Nonconforming Signs
17.68.040 - Single -and Multi -Family Dwelling Units Exempt
17.68.050 - Public Structures and Utilities Exempt
17.68.060 - Nonconforming Parcels
17.68.070 - Conformity of Uses Requiring Use Permits
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17.68.080 - Unlawful Uses and Structures
17.68.090 - Nuisance Abatement
Chapter 17.70 Appeals
17.70.010 - Purpose of Chapter
17.70.020 - Commission's Review
17.70.030 - Council's Review
17.70.040 - Eligibility
17.70.050 - Appeal Subjects and Jurisdiction
17.70.060 - Appeal Filing, Processing, Review and Action
Chapter 17.72 - Amendments
17.72.010 - Purpose of Chapter
17.72.020 - Applicability
17.72.030 - Initiation of Amendments
17.72.040 - Hearings and Notice
17.72.050 - Commission's Action on Amendments
17.72.060 - Council's Action on Amendments
17.72.070 - Findings and Decision
17.72.080 - Effective Date
17.72.090 - Prezoning
Chapter 17.74 - Public Hearings
17.74.010 - Purpose of Chapter
17.74.020 - Notice of Hearing
17.74.030 - Scheduling of Hearing
17.74.040 - Review Authority Decision and Notice
17.74.050 - Recommendation by Commission
17.74.060 - Effective Date of Decision
17.74.070 - Hearing Procedures
Chapter 17.76- Enforcement
17.76.010 - Purpose of Chapter
17.76.020 - Permits and Licenses
17.76.030 - Official Duty to Enforce
17.76.040 - Violations
17.76.050 - Remedies are Cumulative
17.76.060- Inspection
17.76.070 - Permit Revocation or Modification
17.76.080- Initial Enforcement Action
17.76.090 - Legal Remedies
17.76.100 - Recovery of Costs
17.76.110 - Additional Permit Processing Fees
17.76.120 - Reinspection Fees
CHAPTER 17.66 - ADMINISTRATIVE RESPONSIBILITYErrorl Bookmark not
defined.
Sections:
17.66.010 - Purpose of Chapter
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17.66.020 - Planning Agency Defined
17.66.030 - City Council
17.66.040 - Planning Commission
17.66.050 - Site Plan and Architectural Approval Committee (SPARC)
17.66.060 - Community Development Director
17.66.010 - Purpose of Chapter
This Chapter describes the authority and responsibilities of City staff and official bodies in the
administration of this Development Code, in addition to the Council.
17.66.020 - Planning Agency Defined
The functions of a Planning Agency shall be performed by the Lodi City Council, Planning
Commission, Site Plan and Architectural Review Committee, Community Development
Director, and Community Development Department, in compliance with State law
(Government Code Sections 65100, et seq.)
17.66.030 - City Council
The Lodi City Council, in matters related to the City's planning process, shall perform the
duties and functions identified in this Development Code and shall be referred to as the
"Council."
17.66.040 - Planning Commission
A. Establishment. The seven -member Lodi Planning Commission is established by
Section 2.16.010 (Establishment) of this Code and shall be referred to in this
Development Code as the "Commission."
B. Appointment. The members of the Commission are appointed by the Mayor with the
consent of the Council in compliance with Section 2.16.020 (Appointment) of the
Municipal Code.
C. Rules. The Commission shall adopt rules of order and procedure in compliance with
Section 2.16.030 (Officers, Rules, Powers and Duties) of the Municipal Code.
D. Terms of office. The terms of office of the members of the Commission shall be for
four years from their respective dates of appointment in compliance with Section
2.16.040 (Terms of Office) of the Municipal Code.
E. Authority and duties. The Commission shall have the authority to perform the duties
and functions established by Section 2.16.030 (Officers, Rules, Powers and Duties) of
the Municipal Code and shall perform the duties and functions identified in this
Development Code.
17.66.050 - Site Plan and Architectural Approval Committee (SPARC)
A. Establishment. The Lodi Site Plan and Architectural Approval Committee is hereby
established and shall be referred to in this Development Code as the "SPARC."
B. Appointment. The SPARC members shall be appointed by the Mayor with the
consent of the Council.
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C. Membership. The SPARC shall consist of four members, appointed as identified
above, and one member appointed by the Commission from among its membership.
Each shall be appointed to a four-year term. Commission member is Vice-chairman
on a rotating basis.
D. Authority and duties. The SPARC shall have the authority to assist the Commission
in reviewing site plans and architectural drawings and shall perform the duties and
functions identified in this Development Code.
17.66.060 - Community Development Director
A. Appointment. The Community Development Director shall be appointed by the City
Manager and shall be referred to in this Development Code as the 'Director."
Whenever the term Director is used in this Development Code, it shall be understood
to include the phrase "or designee."
B. Duties and authority. The Director shall:
Have the responsibility to perform all of the functions designated by State law
(Government Code Section 65103 [Planning Agency Functions]);
2. Have the responsibility and authority to take action on applications for all
administrative permits and approvals issued by the Department;
3. Perform other responsibilities assigned by the City Manager; and
4. Perform the duties and functions identified in this Development Code, including
the initial review of land use applications, in compliance with State law
(Government Code Sections 65901 et seq.), Section 17.38.020 (Authority for
Land Use and Zoning Decisions), Table 4-1 (Review Authority), the California
Environmental Quality Act (CEQA), and the Lodi Environmental Review
Guidelines.
C. Delegation and supervision. The Director may delegate the responsibilities of the
Director to assigned Department staff under the supervision of the Director. When the
Director designates a Department staff person, the staff person shall perform the
duties assigned by the Director in addition to those listed in Subsection B. above, as
appropriate to the personnel title of the designee.
CHAPTER 17.68 - NONCONFORMING USES, STRUCTURES,
AND PARCELS
Sections:
17.68.010 - Purpose of Chapter
17.68.020 - Restrictions on Nonconforming Uses and Structures
17.68.030 - Nonconforming Signs
17.68.040 - Single -and Multi -Family Dwelling Units Exempt
17.68.050 - Public Structures and Utilities Exempt
17.68.060 - Nonconforming Parcels
17.68.070 - Conformity of Uses Requiring Use Permits
17.68.080 - Unlawful Uses and Structures
17.68.090 - Nuisance Abatement
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17.68.010 - Purpose Of ChapterError! Bookmark not defined.
This Chapter establishes uniform provisions for the regulation of nonconforming uses,
structures, and parcels, as these terms are defined in Article 7 (Definitions).
A. Within the zoning districts established by this Development Code, there exist land
uses, structures, and parcels that were lawful before the adoption, or amendment of
this Development Code, but which would be prohibited, regulated, or restricted
differently under the terms of this Development Code or future amendments.
B. It is the intent of this Development Code to discourage the long-term continuance of
these nonconformities, but to permit them to exist under limited conditions.
C. This Chapter does not apply to land uses, structures, and parcels that were illegally
established, constructed, or divided. These are instead subject to Chapter 17.76
(Enforcement).
17.68.020 - Restrictions on Nonconforming Uses and Structures
Nonconformities may be continued subject to the following provisions.
A. Nonconforming uses of land. A nonconforming use of land, or a nonconforming use
within a structure, may be continued, transferred, or sold, only as follows.
1. Prohibited activities for a nonconforming use. Owners or tenants of
nonconforming uses shall not:
a. Enlarge, expand, extend, or increase the nonconforming use either on the
same or adjoining parcel(s), except in compliance with the provisions of this
Development Code;
b. Extend the nonconforming use to occupy a greater area of land than that
occupied by the use at the time it became nonconforming. A nonconforming
use of a portion of the structure which otherwise conforms to the regulations
of the subject zoning district shall not be expanded or extended into any
other portion of the structure nor changed except to a conforming use;
c. Move the nonconforming use, in whole or in part, to any other location on the
subject parcel; or
d. Retain the benefits under this Chapter if the nonconforming use ceases for
180 days or longer, in compliance with Subparagraph 3. (Loss of
nonconforming use status), below.
2. Replacement of a nonconforming use.
a. A nonconforming use may be changed to a use of the same or more
restrictive classification.
b. The replacement use shall serve as the "new bench mark" in terms of
establishing the acceptable level of nonconformity.
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0
c. Where a nonconforming use is changed to a use of a more restrictive
classification, it shall not thereafter be changed to a use of a less restrictive
classification.
An example of a change to a more restrictive classification would be
changing from a restaurant with drive-in or drive through service to an auto
parts sales store, or from an auto repair and maintenance facility (major) to a
business support service facility in compliance with Table 2-6 (Commercial -
Allowed Uses and Permit Requirements) in Article 2 (Land Use and
Development Standards).
3. Loss of nonconforming use status. Without any further action by the City, a
nonconforming use shall not retain the benefits under this Chapter if:
a. The nonconforming use of land, or a nonconforming use within a structure,
ceases for any reason for 180 days or more;
(1) A vacant nonconformity may be occupied by a use for which it was
designed if so occupied within a period of 180 days after the effective
date of this Development Code or after the date when the
nonconformity first became vacant.
(2) If the use is discontinued for a period of 180 days or more, the land or
structure shall lose its nonconforming status, and shall be altered to
conform to the provisions of this Development Code. The use shall be
considered discontinued when any of the following apply:
(a) The intent of the owner to discontinue use of the nonconformity is
apparent; or
(b) Where characteristic furnishings and equipment of the use have
been removed and not replaced with equivalent infrastructure
during this time.
b. The structure in which the nonconforming use is conducted or maintained is
moved any distance on the site for any reason, or is removed from the site.
G. The 180 -day period shall begin to run as soon as the Department becomes
aware of the fact that the nonconforming use has been discontinued, moved,
or removed in compliance with Subparagraphs a. and b., above.
4. Additional uses. Additional uses may be allowed on the site of a nonconforming
use only in the case of a multi -tenant structure or site, or where the
nonconforming use is first discontinued, and any replacement use complies with
all applicable provisions of this Development Code.
5. Replacement uses. The use of a site after the discontinuance or removal of a
nonconforming use shall comply with all applicable requirements of this
Development Code and the applicable zoning district.
Nonconforming structures.
Normal maintenance. A nonconforming structure may undergo normal
maintenance and repairs including painting, interior and exterior wall surface
repair, window and roof repair, and fixture replacement, in compliance with this
Subparagraph.
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2. Nonconforming as to use. A structure which is nonconforming in terms of use
regulations may:
a. Not be added to or enlarged unless the structure, including every portion of
the structure, is made to conform to all of the applicable provisions of this
Development Code.
b. Undergo normal maintenance and repairs (e.g., painting, interior and exterior
wall surface repair, window and roof repair, and fixture replacement)
provided that no structural alterations shall be made except for those
required by law or ordinance.
3. Nonconforming as to area, height, or setback regulations. A structure which
is nonconforming in terms of area, height, or setback regulations may undergo
additions or alterations, provided that the additions or alterations comply with all
applicable provisions of this Development Code.
4. Moving of a nonconforming structure. A nonconforming structure shall not be
moved in whole or in part to any other location, either on the same parcel or on
another parcel, unless every portion of the structure is made to conform to all of
the applicable provisions of this Development Code after being moved.
5. Replacement after destruction.
Not over 50 percent. A nonconforming structure that is involuntarily
damaged or partially destroyed by fire or any other calamity or act of God
may be restored, provided the total cost of restoration shall not exceed an
aggregate total of 50 percent of the then assessed value of the structure.
Over 50 percent. If the damage or destruction exceeds 50 percent of the
then assessed value of the structure, no repairs or reconstruction shall be
made unless every portion of the structure is made to conform to all of the
applicable provisions of this Development Code.
c. Assessed value. For the purpose of this Subparagraph, "assessed value"
shall mean the then assessed value of the structure as shown on the current
County property assessment rolls in effect at the time of the occurrence of
the casualty, or on the date of application for the required Building Permit.
6. Replacement of a residential structure after destruction. Any residential
structure legally existing as a nonconforming use in any non-residential zoning
district may be rebuilt or restored if damaged or destroyed by fire or any other
calamity or act of God, provided the rebuilding or restoration is commenced within
180 days of the damage or destruction and diligently pursued to completion.
However, the rebuilt or restored structure shall not exceed the square footage of
the original structure and shall otherwise conform to all other applicable
regulations for residential structures. (See also Section 17.68.040 [Single -and
Multi -Family Dwelling Units Exempt], below.)
Seismic retrofitting/Building Code compliance. Repairs or alterations
otherwise required by law shall be allowed in the following circumstances:
a. Reconstruction required to reinforce unreinforced masonry structures shall
be allowed without cost limitations, provided the retrofitting is limited
exclusively to compliance with earthquake safety standards; and
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b. Reconstruction required to comply with California Building Code
requirements shall be allowed without cost limitations, provided the
retrofitting/Code compliance is limited exclusively to compliance with
earthquake safety standards and/or other applicable Building Code
requirements, including State law (e.g., Title 24, California Code of
Regulations, etc).
8. Initiation of construction. Nothing contained in this Chapter shall require any
change in the plans, construction, or designated use of any structure upon which
actual construction was lawfully initiated before the effective date of this
Development Code. For the purposes of this Development Code, actual
construction shall mean the placing of construction materials in a permanent
manner, excavation of a basement, or demolition of existing structures
preparatory to rebuilding; provided, that in all cases construction work shall be
diligently pursued until completion of the subject structure(s).
17.68.030 - Nonconforming Signs
Requirements for nonconforming signs are provided by Section 17.34.100 (Nonconforming
Signs).
17.68.040 - Single -and Multi -Family Dwelling Units ExemptError!
Bookmark not defined.
A. Dwellings. Nonconforming single- and multi -family dwellings located in any zoning
district that have been involuntarily damaged or destroyed by a catastrophic event may
be reconstructed or replaced with a new structure(s) using the same development
standards applied to the damaged or destroyed structure(s) (e.g., setbacks, square
footage, building height, and density standards), but only when the reconstructed or
replacement structures comply with State law (Government Code Section 65852.25).
B. Mobile homes. A nonconforming mobile home may be replaced with a new or newer
and larger mobile home placed in the same location as the former unit, subject to Site
Plan and Architectural Approval (Section 17.40.020).
C. Code compliance. All new construction shall comply with current Building, Electrical,
Plumbing, and Fire Code requirements.
D. Site Plan and Architectural Approval. The Director may require Site Plan and
Architectural Approval (Section 17.40.020) for the replacement of a destroyed dwelling
or residential project.
17.68.050 - Public Structures and Utilities Exempt
Nothing in this Chapter shall be construed to require the discontinuance, removal, or
termination, or to prohibit the alteration, expansion, maintenance, modernization, rebuilding,
reconstruction, repair, or replacement of a publicly owned structure or utility.
17.68.060 - Nonconforming Parcels
A. Determination of nonconforming status. A nonconforming parcel of record that
does not comply with the access, area, or dimensional requirements of this
Development Code for the zoning district in which it is located, shall be considered to
be a legal building site if it meets one of the criteria specified by this Section. It shall
289
be the responsibility of the applicant to produce sufficient evidence to establish the
applicability of one or more of the following.
1. Approved subdivision. The parcel was created through a subdivision approved
by the City or the County, before incorporation.
2. Individual parcel legally created by deed. The parcel is under one ownership
and of record, and was legally created by a recorded deed before the effective
date of the zoning amendment that made the parcel nonconforming.
3. Variance or lot line adjustment. The parcel was approved through the Variance
procedure (Section 17.40.050) or its current configuration resulted from a lot line
adjustment.
4. Partial government acquisition. The parcel was created in conformity with the
provisions of this Development Code, but was made nonconforming when a
portion of the parcel was acquired by a governmental entity.
B. Limitations on use of nonconforming parcels. Nonconforming parcels shall be
developed and used only as follows.
Site Plan and Architectural Approval required. The Director may require Site
Plan and Architectural Approval (Section 17.40.020) for development proposed
on nonconforming parcels.
2. Further subdivision prohibited. Where structures have been erected on a
nonconforming parcel, the area where the structures are located shall not be later
subdivided, nor shall lot lines be altered through lot line adjustment, so as to
reduce the building site area and/or frontage below the requirements of the
applicable zoning district or other applicable provisions of this Development
Code, or in any way that makes the use of the parcel more nonconforming.
17.68.070 - Conformity of Uses Requiring Use Permits
A. Use allowed with Use Permit approval.
Any use of a structure for which a Use Permit is required, or for which a Use
Permit may be granted, which use is existing at the time of adoption of this
Development Code , in any zoning district in which the use is allowed subject to
the granting of a Use Permit, shall without further City action, be considered a
conforming use.
2. A land use that was legally established without a Use Permit, but would be
required by current Development Code provisions to have Use Permit approval,
shall not be altered in any way unless a Use Permit is first obtained.
B. Use no longer allowed with Use Permit approval. A land use that was established
with Use Permit approval, but is not allowed with Use Permit approval by the current
Development Code may continue only in compliance with the original Use Permit. If
the original Use Permit specified a termination date, then the use shall terminate in
compliance with the Use Permit.
17.68.080 - Unlawful Uses and Structures
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A. Violations. Uses and structures which did not comply with the applicable provisions
of this Development Code or prior planning and zoning regulations when established
are violations of this Development Code and are subject to the provisions of Chapter
17.76 (Enforcement).
B. Illegal uses and structures prohibited. This Chapter does not grant any right to
continue occupancy of property containing an illegal use or structure.
C. Permits required. The illegal use or structure shall not continue unless/until permits
and entitlements required by this Development Code and the Municipal Code are first
obtained.
17.68.090 - Nuisance Abatement
In the event that a nonconforming use or structure is found to constitute a public nuisance,
appropriate action shall be taken by the City, in compliance with Chapter 17.76 of this Code.
CHAPTER 17.70 - APPEALS
Sections:
17.70.010 - Purpose of Chapter
17.70.020 - Commission's Review
17.70.030 - Council's Review
17.70.040 - Eligibility
17.70.050 - Appeal Subjects and Jurisdiction
17.70.060 - Appeal Filing, Processing, Review and Action
17.70.010 - Purpose of Chapter
This Chapter establishes procedures for the following:
A. Commission's review. The Commission's review of a decision rendered by the
Director or SPARC;
B. Council's review. The Council's review of a decision rendered by the Commission;
and
C. Eligibility. Other eligible appellants, as identified in Section 17.70.040 (Eligibility),
below.
17.70.020 - Commission's ReviewError! Bookmark not defined.
A. Review. The Commission may choose to review a decision rendered by the Director
or SPARC.
B. Discussion.
1. A member of the Commission may request the opportunity to discuss any
decision previously rendered.
2. A majority vote of the Commission is required to initiate an appeal of the decision.
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C. Appeal. Once the vote to initiate an appeal is passed by a majority, the matter shall
be scheduled for hearing by the Director.
17.70.030 - Council's ReviewError! Bookmark not defined.
A. Review. The Council may choose to review a decision rendered the Commission.
B. Discussion.
1. A member of the Council may request the opportunity to discuss any decision
previously rendered.
2. A majority vote of the Council is required to initiate an appeal of the decision.
C. Appeal. Once the vote to initiate an appeal is passed by a majority, the matter shall
be scheduled for hearing by the City Clerk.
D. Decision final. The decision of the Council on the appeal shall be final and shall
become effective upon adoption of the resolution by the Council.
17.70.040 - EligibilityError! Bookmark not defined.
An appeal may be filed by:
A. Administrative determination. Any person affected by an administrative
determination or action by the Director.
B. Land use permit or hearing decision. In the case of a land use permit or hearing
decision, by anyone who, in person or through a representative, presented testimony
at a public hearing in connection with the decision being appealed, or who otherwise
informed the City in writing of the nature of their concerns before the hearing.
17.70.050 - Appeal Subjects and Jurisdiction
Determinations and actions that may be appealed, and the authority to act upon an appeal
shall be as follows.
A. Ordinance administration and interpretation. The following determinations and
actions of the Director or SPARC may be appealed to the Commission and then to the
Council:
1. Determinations on the meaning or applicability of the provisions of this
Development Code that are believed to be in error, and cannot be resolved with
staff;
2. Any determination that a permit application or information submitted with the
application is incomplete, in compliance with State law (Government Code
Section 65943); and
3. Any enforcement action in compliance with Chapter 17.76 (Enforcement).
B. Permit/entitlement and hearing decisions. Decisions by the Director or SPARC
may be appealed to the Commission. Decisions by the Commission may be appealed
to the Council.
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17.70.060 - Appeal Filing, Processing, Review and Action
A. Timing and form of appeal.
1. Appeal applications shall be submitted before 5:00 p.m. on the 10th business day
following the date the decision is rendered by the Director or SPARC, or the
adoption of the resolution by the Commission.
2. Appeal applications addressed to the Commission shall be filed with the
Department, while appeals addressed to the Council shall be filed with the City
Clerk.
3. The appeal application shall:
a. Specifically state the pertinent facts of the case and the basis for the appeal;
b. Be accompanied by the information identified in the Department handout for
appeal applications; and
c. Be accompanied by the filing fee established by the Council's Fee
Resolution.
B. Delay of proceedings. Filing of an appeal shall delay all proceedings associated with
the matter subject to the appeal (e.g., issuance of a Certificates of Occupancy,
Building or Grading Permit, etc.), pending the City's final action on the appeal.
C. Joining an appeal.
1. Only those persons who file an appeal within the specified appeal period shall be
considered appellants of the matter under appeal.
2. Any person who wishes to join an appeal shall follow the same procedures for an
appellant.
3. A person(s) shall not be allowed to join an appeal after the end of the specified
appeal period.
D. Action on appeals. The appeal body shall conduct a public hearing in compliance
with Chapter 17.74 (Public Hearings).
1. Scope of review and decision. When reviewing an appeal the review authority
may:
a. Consider any issues associated with the decision being appealed, in addition
to the specific grounds for the appeal. The review authority shall also
consider any environmental determination applicable to the entitlement or
decision being appealed;
b. By resolution, uphold, uphold in part, or reverse the action, the determination,
or decision that is the subject of the appeal;
c. Adopt additional conditions of approval deemed reasonable and necessary;
and
293
d. Disapprove the land use permit approved by the previous review authority,
even though the appellant only requested a modification or elimination of one
or more conditions of approval.
2. New evidence. If new or different evidence is presented during the appeal
hearing, the Commission or Council, may refer the matter back to the Director,
SPARC, or Commission, as applicable, for a report on the new or different
evidence before a final decision on the appeal.
3. Findings. When reviewing an appeal the review authority shall adopt findings in
support of the intended action on the appeal. The nature of the findings shall be
in compliance with the findings adopted by the original review authority (e.g., Use
Permits 17.40.040, Planned Development Permits 17.40.060, Variances
17.40.050, etc.)
E. Mailing of resolution. The Director or City Clerk, as applicable to the level of review
authority, shall mail a copy of the resolution to the appellant, the applicant (if not the
appellant), the Commission, and the Council within 10 days after the date the decision
is rendered.
CHAPTER 17.72 - AMENDMENTS
Sections:
17.72.010 - Purpose of Chapter
17.72.020 - Applicability
17.72.030 - Initiation of Amendments
17.72.040 - Hearings and Notice
17.72.050 - Commission's Action on Amendments
17.72.060 - Council's Action on Amendments
17.72.070 - Findings and Decision
17.72.080 - Effective Date
17.72.090 - Prezoning
17.72.010 - Purpose of Chapter
This Chapter establishes provisions for the amendment of the General Plan, the official
Zoning Map, or this Development Code whenever required by public necessity and general
welfare.
17.72.020 - ApplicabilityError! Bookmark not defined.
A. General Plan. A General Plan amendment may include revisions to text or diagrams.
B. Zoning Map. A Zoning Map amendment has the effect of rezoning property from one
zoning district to another.
C. Development Code. A Development Code amendment may modify any standard,
requirement, or procedure applicable to land use and/or development within the City.
17.72.030 - Initiation of Amendments
An amendment to the General Plan, the Zoning Map, or this Development Code shall be
initiated in compliance with this Section.
294
A. Who may initiate an amendment. An amendment may be initiated by:
1. The Council;
2. The Commission;
3. The Director; or
4. The filing of an amendment application with the Department by an eligible
applicant, EXCEPT for a Development Code amendment, which may ONLY be
initiated by the Council or Commission or Director.
B. Application filing and processing.
1. An application for an amendment shall be filed and processed in compliance with
Chapter 17.3£3 (Application Filing and Processing).
2. The application shall be accompanied by the information identified in the
Department handout for amendment applications.
17.72.040 - Hearings and NoticeErrorl Bookmark not defined.
A. Scheduling of hearings. Upon receipt of a complete application to amend the
General Plan, the Zoning Map, or Development Code, or upon initiation by the
Commission or Council, and following Department review, public hearings shall be
scheduled before the Commission and Council.
B. Notice of hearings. Notice of the hearings shall be given in compliance with Chapter
17.74 (Public Hearings).
17.72.050 - Commission's Action on Amend mentsError! Bookmark not
defined.
A. Commission's recommendation. The Commission shall make a written
recommendation to the Council whether to approve, approve in modified form, or
disapprove the proposed amendment, based upon the findings contained in Section
17.72.070 (Findings and Decision), below.
B. Recommendation for disapproval. The decision of the Commission, recommending
disapproval of the amendment, shall be final unless, within 20 days after the
Commission's action, the applicant/appellant files a written appeal with the City Clerk
requesting a hearing before the Council.
17.72.060 - Council's Action on AmendmentsError! Bookmark not defined.
A. Approval or disapproval of amendment. Upon receipt of the Commission's
recommendation, the Council shall, approve, approve in modified form, or disapprove
the proposed amendment based upon the findings in Section 17.72.070 (Findings and
Decision), below.
B. Referral to Commission.
1. If the Council proposes to adopt any substantial modification to the amendment
not previously considered by the Commission during its hearings, the proposed
295
modification shall be first referred back to the Commission for its
recommendation, in compliance with State law (Government Code Sections
65356 [General Plan amendments] and 65857 [Zoning Map/Development Code
Amendments]),
2. Failure of the Commission to report back to the Council within 45 days for
General Plan amendments or 40 days for Zoning Map/Development Code
amendments after the referral, or within a longer time set by the Council, shall be
deemed a recommendation for approval of the modification.
17.72.070 - Findings and Decision Error! Bookmark not defined.
A. Findings for General Plan amendments. An amendment to the General Plan may
be approved only if all of the following findings of fact can be made in a positive
manner:
1. The proposed amendment is internally consistent with the General Plan,
2. The proposed amendment would not be detrimental to the public interest, health,
safety, convenience, or welfare of the City;
3. The site is physically suitable (including absence of physical constraints, access,
compatibility with adjoining land uses, and provision of utilities) for the requested/
anticipated land use developments; and
4. The proposed project has been reviewed in compliance with the provisions of the
California Environmental Quality Act (CEQA), and the Lodi Environmental Review
Guidelines.
B. Findings for Zoning Map/Development Code amendments. An amendment to the
Official Zoning Map or this Development Code may be approved only if the review
authority first finds all of the following, as applicable to the type of amendment.
Findings required for all Zoning Map/Development Code amendments:
The proposed amendment is consistent with the General Plan,
b. The proposed amendment would not be detrimental to the public interest,
health, safety, convenience, or welfare of the City; and
c. The proposed project has been reviewed in compliance with the provisions of
the California Environmental Quality Act (CEQA), and the Lodi Environmental
Review Guidelines.
2. Additional finding for Zoning Map amendments: The site is physically
suitable (including absence of physical constraints, access, compatibility with
adjoining land uses, and provision of utilities) for the requested zoning
designations and anticipated land uses/developments.
3. Additional finding for Development Code amendments: The proposed
amendment is internally consistent with other applicable provisions of this
Development Code.
17.72.080 - Effective Date
296
A Zoning Map/Development Code amendment shall become effective on the 31st day
following the adoption of an ordinance by the Council in compliance with Chapter 17.72 of
this Development Code. A General Plan amendment shall become effective upon the
adoption of a resolution by the Council.
17.72.090 - PrezoningError! Bookmark not defined.
A. Purpose. An unincorporated property within the City's sphere of influence may be
prezoned to the zoning district that would apply upon annexation to the City.
B. Initiation and processing. A prezoning shall be initiated, processed, and approved
or disapproved in the same manner as provided for other amendments by this
Chapter.
C. Application of official zoning designation. Upon the effective date of annexation,
the zoning designation established by prezoning shall become the official zoning for
the property and shall be so designated on the Zoning Map.
CHAPTER 17.74 - PUBLIC HEARINGS
Sections:
17.74.010- Purpose of Chapter
17.74.020- Notice of Hearing
17.74.030 - Scheduling of Hearing
17.74.040 - Review Authority Decision and Notice
17.74.050 - Recommendation by Commission
17.74.060 - Effective Date of Decision
17.74.070 - Hearing Procedures
17.74.010 - Purpose of Chapter
This Chapter establishes procedures for public hearings before the Director, SPARC,
Commission, and Council. When a public hearing is required by this Development Code,
public notice shall be given and the hearing shall be conducted as provided by this Chapter.
17.74.020 - Notice of Hearing
When a land use permit, or other matter requires a public hearing, the public shall be
provided notice of the hearing in compliance with State law (Government Code Sections
65090, 65091, 65094, and 66451.3, and Public Resources Code 21000 of seq.), and as
required by this Chapter.
A. Contents of notice. Notice of a public hearing shall include
1. Hearing information. The date, time, and place of the hearing and the name of
the hearing body; a brief description of the City's general procedure concerning
the conduct of hearings and decisions; and the phone number and street address
of the Department, where an interested person could call or visit to obtain
additional information;
2. Project information. The name of the applicant; the City's file number assigned
to the application; a general explanation of the matter to be considered; a general
297
description, in text and/or by diagram, of the location of the property that is the
subject of the hearing; and
3. Statement on environmental document. If a draft Negative Declaration or
Environmental Impact Report has been prepared for the project in compliance
with the Lodi Environmental Review Guidelines, the hearing notice shall include a
statement that the hearing body will also consider approval of the draft Negative
Declaration or certification of the final Environmental Impact Report.
B. Method of notice distribution. Notice of a public hearing required by this Chapter for
a land use permit, amendment, or appeal shall be given as follows, as required by
State law (Government Code Sections 65090 and 65091).
Publication. Notice shall be published at least once in a newspaper of general
circulation in the City at least 10 days before the date of the hearing.
2. Mailing. Notice shall be mailed or delivered at least 10 days before the date of
the hearing to the following:
a. Owners of the project site. The owners of the property being considered in
the application, or the owner's agent, and the applicant;
b. Local agencies. Each local agency expected to provide schools, utilities, or
other essential facilities or services to the project, whose ability to provide the
facilities and services may be significantly affected;
c. Affected owners. All owners of real property as shown on the latest County
equalized assessment roll, within a radius of 300 feet from the exterior
boundaries of the parcel that is the subject of the hearing; and any other
person whose property might, in the judgment of the Director, be affected by
the proposed project; and
d. Persons requesting notice. Any person who has filed a written request for
notice with the Director and has paid the required fee for the notice.
3. Alternative to mailing. If the number of property owners to whom notice would
be mailed in compliance with Subsection B.2 above is more than 1,000, the
Director may choose to provide the alternative notice allowed by State law
(Government Code Section 65091(a)(3)).
4. Additional notice. In addition to the types of notice required above, the Director
may provide any additional notice with content or using a distribution method as
the Director determines is necessary or desirable.
17.74.030 - Scheduling of HearingError! Bookmark not defined.
After the completion of any environmental documents required by the California
Environmental Quality Act (CEQA), the matter shall be scheduled for public hearing on a
Director, SPARC, Commission, or Council agenda (as applicable).
17.74.040 - Review Authority Decision and Notice
A. Decision.
298
1. The review authority (Director, SPARC, Commission, or Council, as applicable)
may announce and record their decision on the matter being considered at the
conclusion of a scheduled hearing, defer action and continue the matter to a later
meeting agenda in compliance with Section 17.74.070 (Hearing Procedures), or,
in the case of the Director, take the matter under advisement.
2. The Director may instead refer the matter to the Commission for determination. A
referral will require a new noticed hearing before the Commission.
3. The decision of the Council on any matter shall be final.
B. Notice of decision. The notice of decision shall contain any conditions of approval,
and reporting/monitoring requirements deemed necessary to mitigate any impacts and
protect the public convenience, health, interest, safety, or general welfare of the City.
C. Mailing of the notice.
1. After the final decision or recommendation is rendered by the review authority,
notice of the decision shall be mailed to the applicant at the address shown on
the application.
2. A copy of the notice of decision shall also be sent to the property owner, if
different from the applicant and to all other persons who have filed a written
request for notice.
17.74.050 - Recommendation by CommissionError! Bookmark not defined.
A. Commission's action. At the conclusion of any public hearing on an amendment
(e.g., General Plan, Zoning Map, or Development Code), a development agreement,
or a specific plan the Commission shall forward a recommendation, including all
required findings, to the Council for final action.
B. Mailing of recommendation. Following the hearing, a copy of the Commission's
recommendation shall be mailed to the applicant at the address shown on the
application.
17.74.060 - Effective Date of Decision
A decision of the Director, SPARC, or Commission (other than a recommendation in
compliance with Section 17.74.050) is final and effective after 5:00 p.m. on the 10th business
day following the date of decision, unless an appeal is filed in compliance with Chapter 17.70
(Appeals).
17.74.070 - Hearing ProceduresError! Bookmark not defined.
A. Holding of hearings. Hearings shall be held at the date, time, and place described in
the public notice required by this Chapter.
B. Continuances. If a hearing cannot be completed on the scheduled date, the
presiding Councilperson or Commissioner, before the adjournment or recess of the
hearing, may continue the hearing by publicly announcing the date, time, and place to
which the hearing will be continued.
C. Additional notice not required. Additional notice for the continued hearing is not
required.
299
CHAPTER 17.76 - ENFORCEMENT
Sections:
17.76.010 - Purpose of Chapter
17.76.020 - Permits and Licenses
17.76.030 - Official Duty to Enforce
17.76.040 - Violations
17.76.050 - Remedies are Cumulative
17.76.060 - Inspection
17.76.070 - Permit Revocation or Modification
17.76.080 - Initial Enforcement Action
17.76.090 - Legal Remedies
17.76.100 - Recovery of Costs
17.76.110 - Additional Permit Processing Fees
17.76.120 - Reinspection Fees
17.76.010 -Purpose of ChapterError! Bookmark not defined.
This Chapter establishes provisions which are intended to ensure compliance with the
requirements of this Development Code and any conditions of land use permit or subdivision
approval, to promote the City's planning efforts, and for the protection of the public health,
safety, and welfare of the City.
17.76.020 - Permits and LicensesError! Bookmark not defined.
All departments, officials, and public employees of the City who are assigned the authority or
duty to issue permits or licenses shall comply with the provisions of this Development Code.
A. Permits in conflict with Development Code. Permits for uses or structures that
would be in conflict with the provisions of this Development Code shall not be issued.
B. Permits deemed void. Any permit issued in conflict with the provisions of this
Development Code shall be deemed void.
C. Actions deemed void. Any action taken by an official or public employee of the City
in conflict with the provisions of this Development Code shall be deemed void.
17.76.030 - Official Duty to EnforceError! Bookmark not defined.
A. Designated City officials. The City Manager amd Director may:
1. Exercise the authority provided in Section 836.5 of the Penal Code; and
2. Issue citations for any violations of this Development Code pertaining to the use
of any land and the addition, alteration, construction, conversion, erection,
moving, reconstruction, or use of any structure.
B. Other City officials. All officials of the City charged by the law with the general duty
of enforcing City ordinances shall also enforce the provisions of this Development
Code.
17.76.040 - ViolationsError! Bookmark not defined.
300
Any structure constructed or maintained contrary to the provisions of this Development Code
and any use of land or structure operated or maintained contrary to the provisions of this
Development Code are hereby declared to be a public nuisance.
A. Public nuisance. Any structure or use which is altered, constructed, converted,
enlarged, erected, established, maintained, moved, or operated, contrary to the
provisions of this Development Code or any applicable condition of approval imposed
on a permit, is hereby declared to be unlawful and a public nuisance, and shall be
subject to the remedies and penalties identified in this Chapter and Chapter 1.08 of the
Municipal Code.
B. Infractions. Except where otherwise provided by this Development Code, it is an
infraction for any person to do any act forbidden or fail to perform any act required by
this Development Code. Penalties for infractions shall be in compliance with State law
(Government Code Section 36900) and Chapter 1.08 of the Municipal Code.
C. Stop Work Order.
1. Any construction in violation of this Development Code or any conditions imposed
on a permit shall be subject to the issuance of a "Stop Work Order."
2. Any violation of a Stop Work Order shall constitute an infraction, subject to the
penalties described in Chapter 1.08 of the Municipal Code.
17.76.050 - Remedies are Cumulative
A. New and separate offense. Each day any violation of this Development Code
continues is a new and separate offense.
B. Cumulative, not exclusive. All remedies contained in this Development Code for the
handling of violations or enforcement of the provisions of this Development Code shall
be cumulative and not exclusive of any other applicable provisions of City, County,
State. or Federal law.
C. Other remedies. Should a person be found guilty and convicted of an infraction for
the violation of any provision of this Development Code, the conviction shall not
prevent the City from pursuing any other available remedy to correct the violations.
17.76.060 - InspectionError! Bookmark not defined.
A. Preapproval inspections. Every applicant seeking a permit or any other action in
compliance with this Development Code shall allow the City officials handling the
application access to any premises or property which is the subject of the application.
B. Post approval inspections. If the permit or other action in compliance with this
Development Code is approved, the owner or applicant shall allow appropriate City
officials access to the premises in order to determine continued compliance with the
approved permit and/or any conditions of approval imposed on the permit.
17.76.070 - Permit Revocation or Modification
A. Procedures. This Section provides procedures for securing punitive revocation or
modification of previously approved land use permits or entitlements.
301
B. Revocations. The City's action to revoke an entitlement shall have the effect of
terminating the entitlement and denying the privileges granted by the original approval.
C. Modifications.
The City's action to modify rather than revoke an entitlement shall have the effect
of changing the operational aspects of the entitlement.
2. The changes may include the operational aspects related to buffers, duration of
the entitlement, hours of operation, landscaping and maintenance, lighting,
parking, performance guarantees, property maintenance, signs, surfacing, traffic
circulation, etc.
D. Hearings and notice.
The appropriate review authority shall hold a public hearing to revoke or modify
an application, entitlement, or permit granted in compliance with the provisions of
Development Code.
2. Ten days before the public hearing, notice shall be delivered in writing to the
applicant and/or owner of the property for which the permit was granted.
3. Notice shall be deemed delivered two days after being mailed, certified and first
class, through the United States Postal Service, postage paid, to the owner as
shown on the County's current equalized assessment roll and to the project
applicant, if not the owner of the subject property.
E. Review authority action:
Permits. A land use entitlement or permit may be revoked or modified by the
review authority (e.g., Director, SPARC, Commission, or Council) which originally
approved the entitlement or permit, or the equivalent City review authority, for
entitlements or permits originally approved under the County's authority, if any
one of the following findings of fact can be made in a positive manner:
a. Circumstances under which the entitlement or permit was granted have been
changed by the applicant to a degree that one or more of the findings
contained in the original permit can no longer be made in a positive manner
and the public health, safety, and welfare require the revocation;
b. The entitlement or permit was issued, in whole or in part, on the basis of a
misrepresentation or omission of a material statement in the application, or in
the applicant's testimony presented during the public hearing, for the
entitlement or permit;
c. One or more of the conditions of the permit have not been substantially
fulfilled or have been violated;
d. The use or structure for which the permit was granted has ceased to exist or
has been suspended for at least 180 days, as defined in Section
17.68.020.A.3 (Loss of Nonconforming Status);
e. The improvement authorized in compliance with the permit is in violation of
any code, law, ordinance, regulation, or statute; or
302
The improvement/use allowed by the permit has become detrimental to the
public health, safety, or welfare, or the manner of operation constitutes or is
creating a public nuisance.
Variances. A Variance (major or minor) may be revoked or modified by the
review authority which originally approved the entitlement, or the equivalent City
review authority, for entitlements originally approved under the County's authority,
if any one of the following findings of fact can be made in a positive manner, in
addition to those outlined in Subsection B.1, above:
a. Circumstances under which the entitlement or permit was granted have been
changed by the applicant to a degree that one or more of the findings
contained in the original permit can no longer be made in a positive manner,
and the grantee has not substantially exercised the rights granted by the
Variance; or
b. One or more of the conditions of the Variance have not been met, or have
been violated, and the grantee has not substantially exercised the rights
granted by the Variance.
17.76.080 - Initial Enforcement Action
This Section describes the procedures for initiating enforcement action in cases where the
Director has determined that real property within the City is being used, maintained, or
allowed to exist in violation of the provisions of this Development Code. It is the objective of
these provisions to encourage the voluntary cooperation of responsible parties in the prompt
correction of violations, so that the other enforcement measures provided by this Chapter
may be avoided.
A. Notice to responsible parties. The Director shall provide the record owner of the
subject site and any person in possession or control of the site with a written Notice of
Violation, which shall include the following information:
1. A description of the violation, and citations of applicable Development Code
provisions being violated,
2. A time limit for correcting the violation in compliance with Subsection B, below;
3. A statement that the City intends to charge the property owner for all
administrative costs associated with the abatement of the violations in compliance
with Section 17.76.100 (Recovery of Costs), and/or initiate legal action as
described in Section 17.76.090 (Legal Remedies);
4. A statement that the property owner may request and be provided a meeting with
the Director to discuss possible methods and time limits for the correction of the
violations.
B. Time limit for correction.
The Notice of Violation shall state that the violations shall be corrected within 30
days from the date of the notice to avoid further enforcement action by the City,
unless the responsible party contacts the Director within that time to arrange for a
longer period for correction.
2. The 30 -day time limit may be extended by the Director upon determining that the
responsible party will likely correct the violations within a reasonable time.
303
3. The Director may also require through the Notice of Violation that the correction
occur within less than 30 days if the Director determines that the violation
constitutes a hazard to public health or safety.
C. Use of other enforcement procedures. The enforcement procedures of Section
17.76.090 (Legal Remedies) may be employed by the Director after or instead of the
provisions of this Section where the Director determines that this Section would be
ineffective in securing the correction of the violations within a reasonable time.
17.76.090 - Legal RemedieSError! Bookmark not defined.
The City may choose to undertake any, or a combination, of the following legal actions to
correct and/or abate any nuisance or violation of this Development Code.
A. Civil actions
Injunction. The City Attorney, upon order of the Council, may apply to the
Superior Court for injunctive relief to terminate a violation of this Development
Code.
2. Abatement proceedings. Where any person fails to abate a violation after being
provided a Notice of Violation in compliance with Section 17.76.080.A and the
opportunity to correct or end the violation, the City Attorney, upon order of the
Council, shall apply to the Superior Court for an order authorizing the City to
undertake actions necessary to abate the violation and require the violator to pay
for the cost of the actions.
3. Nuisance abatement. The City may pursue nuisance abatement in compliance
with the Lodi Municipal Code.
B. Civil remedies and penalties.
Civil penalties. Any person who willfully violates the provisions of this
Development Code or any permit issued in compliance with this Development
Code, shall be liable for a civil penalty in compliance with the Council's Fee
Resolution for each day that the violation continues to exist.
2. Costs and damages. Any person violating any provisions of this Development
Code or any permit issued in compliance with this Development Code, shall be
liable to the City for the costs incurred and the damages suffered by the City, its
agents, and agencies as a direct result of the violations.
3. Procedure. In determining the amount of the civil penalty to impose, the Court
should consider all relevant circumstances, including the extent of the harm
caused by the conduct constituting a violation, the nature and persistence of the
conduct, the length of time over which the conduct occurred, the assets, liabilities,
and net worth of the defendant, whether corporate or individual, and any
corrective action taken by defendant.
C. Criminal actions and penalties. Any person, whether as agent, principal, or
otherwise, violating or causing the violation of any of the provisions of this
Development Code shall be guilty of an infraction and shall be subject to the penalties
identified in the bail schedule adopted by the San Joaquin County Superior Court.
304
D. No limit on City's options. The penalties identified in this Chapter do not limit the
right of the City through its legal representative(s), as authorized by the Council upon
request of the enforcing officials, to institute any appropriate legal procedure(s) as
prescribed by law to abate, correct, enjoin, or restrain any actual or threatened
violation of this Development Code.
17.76.100 - Recovery Of CostSError! Bookmark not defined.
This Section establishes procedures for the recovery of administrative costs, including staff
and City Attorney time expended on the enforcement of the provisions of this Development
Code in cases where no permit is required in order to correct a violation. The intent of this
Section is to recover City administrative costs reasonably related to enforcement.
A. Record of costs.
1. The Department shall maintain records of all administrative costs, incurred by
responsible City departments, associated with the processing of violations and
enforcement of this Development Code, and shall recover the costs from the
property owner in compliance with this Section.
2. Staff time shall be calculated at an hourly rate as established and revised from
time to time by the Council.
B. Notice. Upon investigation and a determination that a violation of any of the
provisions of this Development Code is found to exist, the Director shall notify the
record owner or any person having possession or control of the property by mail, of
the existence of the violation, the Department's intent to charge the property owner for
all administrative costs associated with enforcement, and of the owner's right to a
hearing on any objections they may have. The notice shall be in a form approved by
the City Attorney.
C. Summary of costs and notice.
1. At the conclusion of the case, the Director shall send a summary of costs
associated with enforcement to the owner and/or person having possession or
control of the property by certified and first class mail.
2. The summary shall include a notice in a form approved by the City Attorney,
advising the responsible party of their right to request a hearing on the charges
for City cost recovery within 10 days of the date of the notice, and that if no
request for hearing is filed, the responsible party will be liable for the charges.
3. In the event that no request for hearing is timely filed or, after a hearing the
Director affirms the validity of the costs, the property owner or person in control
shall be liable to the City in the amount stated in the summary or any lesser
amount as determined by the Director.
4. The costs shall be recoverable by the City in any of the following manners:
a. A civil action in the name of the City, in any court of competent jurisdiction; or
b. By tax assessment; or
c. By a lien on the subject property.
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D. Request for hearing on costs. Any property owner, or other person having
possession and control of the subject property, who receives a summary of costs shall
have the right to a hearing before the Director on their objections to the proposed
costs.
1. A request for hearing shall be filed with the Department within 10 days of the
service by mail of the Department's summary of costs, on a form provided by the
Department.
2. Within 30 days of the filing of the request, and on 10 days written notice, the
Director shall hold a hearing on the objections, and determine their validity.
3. In determining the validity of the costs, the Director shall consider whether the
total costs are reasonable in the circumstances of the case. Factors to be
considered include: whether the present owner created the violation; whether
there is a present ability to correct the violation; whether the owner moved
promptly to correct the violation; the degree of cooperation provided by the
owner; and whether reasonable minds can differ as to whether a violation exists.
4. The Director's decision shall be appealable directly to the Council in compliance
with Chapter 17.70 (Appeals).
17.76.110 - Additional Permit Processing Fees
Any person who alters, constructs, converts, enlarges, erects, establishes, maintains,
moves, or operates any land use or structure without first obtaining any permit required by
this Development Code, shall pay the additional permit processing fees established by the
Council's Fee Resolution for the correction of the violations, before being granted a permit
for a use or structure on the site.
17.76.120 - Reinspection FeesErrorl Bookmark not defined
A. Amount and applicability of reinspection fee.
1. A reinspection fee shall be imposed on each person who receives a Notice of
Violation, notice and order, or letter of correction of any provision of this
Development Code, the Municipal Code, adopted Building Code, or State law.
a. The fee amount shall be established by the Council's Fee Resolution.
b. The fee may be assessed for each inspection or reinspection conducted
when the particular violation for which an inspection or reinspection is
scheduled is not fully abated or corrected as directed by, and within the time
and manner specified in, the notice or letter.
2. The fee shall not apply to the original inspection to document the violations and
shall not apply to the first scheduled compliance inspection made after the
issuance of a notice or letter, whether or not the correction has been made.
B. Continuation of the original case.
1. If a notice or letter has been previously issued for the same violation and the
property has been in compliance with the provisions of this Development Code or
the Municipal Code for less than 180 days, the violation shall be deemed a
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continuation of the original case, and all inspections or reinspections, including
the first inspection for the repeated offense, shall be charged a reinspection fee.
2. This fee is intended to compensate for administrative costs for unnecessary City
inspections, and is not a penalty for violating this Development Code or the
Municipal Code.
3. Any reinspection fees imposed shall be separate and apart from any fines or
penalties imposed for violation of this Development Code or the Municipal Code,
or costs incurred by the City for the abatement of a public nuisance.
ARTICLE 7
Definitions
Chapter 17.78 - Definitions
17.78.010 - Purpose of Article
17.78.020 - Definitions of Specialized Terms and Phrases
CHAPTER 17.78 - DEFINITIONS
Sections:
17.78.010 - Purpose of Article
17.78.020 - Definitions of Specialized Terms and Phrases
17.78.010 - Purpose of Article
This Article provides definitions of terms and phrases used in this Development Code that
are technical or specialized, or that may not reflect common usage. If any of the definitions
in this Article conflict with definitions in other provisions of the Municipal Code, these
definitions shall control for the purposes of this Development Code. If a word is not defined
in this Article, or in other provisions of the Development Code, the most common dictionary
definition is presumed to be correct.
17.78.020 - Definitions of Specialized Terms and Phrases
As used in this Development Code, the following terms and phrases shall have the meaning
ascribed to them in this Section, unless the context in which they are used clearly requires
otherwise.
A. Definitions, "A."
ACE. U.S. Army Corps of Engineers, the federal agency responsible for issuing
wetlands delineations.
Accessory Dwelling Units. A second permanent dwelling that is accessory to a
primary dwelling on the same site. An accessory dwelling unit provides complete,
independent living facilities for one or more persons, including permanent provisions
for living, sleeping, eating, cooking, sanitation, and parking.
Accessory Residential Uses and Structures. Any use and/or structure that is
customarily a part of, and clearly incidental and secondary to, a residence and does
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not change the character of the residential use. These uses include the following
detached accessory structures, and other similar structures normally associated with a
residential use of property:
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garages
gazebos
greenhouses
spas and hot tubs
storage sheds
studios
swimming pools
tennis and other on-site sport courts
workshops
Also includes the indoor storage of automobiles (including their incidental restoration
and repair), personal recreational vehicles and other personal property, accessory to a
residential use. Does not include: accessory dwelling units, which are separately
defined, or home satellite dish and other receiving antennas for earth -based TV and
radio broadcasts (see "Telecommunications Facilities").
Accessory Retail Uses. The retail sales of various products (including food) and/or
the provision of personal services (e.g., hair cutting, etc.) within a health care, hotel,
office, or industrial complex for the purpose of serving employees or customers, and is
not visible from public streets. These uses include pharmacies, gift shops, and food
service establishments within hospitals; convenience stores and food service
establishments within hotel, office and industrial complexes.
Accessory Structure. A structure that is physically detached from, secondary and
incidental to, and commonly associated with the primary structure. For the purposes
of this Development Code, accessory structures and uses include: detached garages,
greenhouses, artist's studios, and workshops; hot tubs, jacuzzis, spas, and swimming
pools, together with any enclosures; and any other open air enclosures, including
gazebos and detached patio covers.
Accessory Use. A use customarily incidental to, related and clearly subordinate to a
principal use established on the same parcel, which does not alter the principal use
nor serve property other than the parcel where the principal use is located.
Adult Entertainment Businesses. Any adult bookstore, adult hotel or motel, adult
motion picture arcade, adult motion picture theater, cabaret, sexual encounter center,
or any other business or establishment that offers its patrons services or entertainment
characterized by an emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas," but not including those uses or
activities, the regulation of which is preempted by state law. Refer to Chapter 5.40 of
the Lodi Municipal Code for Adult Business definitions.
Affordable unit. An ownership or rental housing unit as required by this section,
which is affordable by households with very low or low income.
Agent. A person authorized in writing by the property owner to represent and act for a
property owner in contacts with City employees, committees, Commissions, and the
Council, regarding matters regulated by this Development Code.
Agricultural Processing. The processing of crops after harvest, to prepare them for
on-site marketing or processing and packaging elsewhere. Includes the following:
alfalfa cubing
corn shelling
cotton ginning
custom grist mills
custom milling of flour, feed and
grain
drying of corn, rice, hay, fruits and
vegetables
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grain cleaning and custom grinding
hay baling and cubing
pre -cooling and packaging of fresh or
farm -dried fruits and vegetables
sorting, grading and packing of fruits and
vegetables
tree nut hulling and shelling
Any of the above activities performed in the field with mobile equipment not involving
permanent structures are included under the definition of "Crop Production."
Alcoholic Beverage Sales. The retail sale of beer, wine, and/or other alcoholic
beverages for on- or off -premise consumption.
Alley. A public or private roadway, generally not more than 30 feet wide that provides
vehicle access to the rear or side of parcels having other public street frontage, that is
not intended for general traffic circulation.
Allowed Use. A use of land identified by Article 2 (Land Use and Development
Standards) as a permitted or conditional use that may be established with land use
permit and, where applicable, site plan and site plan and design review and/or Building
Permit approval, subject to compliance with all applicable provisions of this
Development Code.
Alteration. Any construction or physical change in the internal arrangement of rooms
or the supporting members of a structure, or a change in the external appearance of
any structure, not including painting.
Amenity. Interior features which are not essential to the health and safety of the
resident, but provide visual or aesthetic appeal, or are provided as conveniences
rather than as necessities. Interior Amenities may include, but are not limited to
fireplaces, garbage disposals, dishwashers, cabinet and storage space and bathrooms
in excess of one. Amenities shall in no way include items required by City building
codes or other ordinances which are necessary to insure the safety of the building and
its residents.
Antenna. Any system of wires, poles, rods, reflecting discs or similar devices used for
the transmission and/or reception of electromagnetic radiation waves, including
devices with active elements extending in any direction, and directional parasitic
arrays with elements attached to a generally horizontal boom which may be mounted
on a vertical support structure. Antenna -related definitions include the following.
1. Antenna, Amateur Radio. Any antenna used for transmitting and receiving radio
signals in conjunction with an amateur ratio station licensed by the Federal
Communications Commission (FCC).
2. Antenna, Building or Roof Mounted. An antenna mounted on the side or top of
a building or another structure (e.g., water tank, billboard, church steeple,
freestanding sign, etc.), where the entire weight of the antenna is supported by
the building, through the use of an approved framework or other structural system
which is attached to one or more structural members of the roof or walls of the
building.
3. Antenna, Dish. A dish -like antenna used to link communication sites together by
wireless transmissions of voice or data. Also called microwave dish antenna.
4. Antenna, Ground Mounted. Any freestanding antenna, the entire weight of
which is supported by an approved freestanding platform, framework, or other
structural system which is attached to the ground by a foundation.
5. Antenna, Monopole. A structure composed of a single spire used to support
antennas and related equipment.
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6. Antenna, Panel. An antenna or array of antennas that are flat and rectangular
and are designed to concentrate a radio signal in a particular area. Also referred
to as a directional antenna.
Antenna, Satellite. An antenna for the home, business, or institutional reception
of television, data, and other telecommunications broadcasts from orbiting
satellites.
8. Antenna, Whip. An antenna consisting of a single, slender, rod-like element,
which is supported only at or near its base. They are typically less than six
inches in diameter and measure up to 18 feet in height. Also called
omnidirectional, stick or pipe antennas.
Animal Raising. The keeping/raising of farm animals, including cattle, goats, horses,
sheep, swine (including pot bellied pigs), fowl, poultry, and other animals determined
by the Director to not be common household pets. Does not include: birds, cats,
dogs, and other household pets or exotic animals, which are separately defined.
Apartment. See "Multi -Family Dwellings."
Applicant. Any person, firm, partnership, association, joint venture, corporation, or an
entity or combination of entities which seeks City permits and approvals.
Approval. Includes both approval and approval with conditions.
Area, Lot. See "Lot Area."
Art, Antique, Collectible and Gift Stores. Retail sales uses including antique shops,
art galleries, curio, gift, and souvenir shops, and the sales of collectible items including
sports cards and comic books.
At one location. All adjacent land owned or controlled by the applicant, the property
lines of which are contiguous at any point, or the property lines of which are separated
only by a public or private street, road or other public or private right-of-way, or
separated only by other land of the applicant.
Attic. The area located between the uppermost plate and the roof or ridge of a
structure.
Auto Parts Sales. Stores that sell new automobile parts, tires, and accessories. May
also include minor parts installation (see "Vehicle Services"). Does not include tire
recapping establishments, which are found under "Vehicle Services" or businesses
dealing exclusively in used parts, which are included under "Recycling - Scrap and
Dismantling Yards."
Auto Repair and Maintenance. The repair, alteration, restoration, towing, painting,
cleaning (including self-service and attended car washes), or finishing of automobiles,
trucks, recreational vehicles, boats and other vehicles as a primary use, including the
incidental wholesale and retail sale of vehicle parts as an accessory use. This use
includes the following categories.
Major Repair/Body Work. Repair facilities dealing with entire vehicles. These
establishments provide towing, collision repair, other body work, and painting
services; and also include tire recapping establishments.
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[:
2. Minor Maintenance/Repair. Minor facilities specialize in limited aspects of repair
and maintenance (e.g., muffler and radiator shops, quick -lube, etc.).
Does not include automobile parking (see 'Parking Facilities/Vehicle Storage"), repair
shops that are part of a vehicle dealership on the same site (see "Auto Sales and
Rental," and 'Recreational Vehicle Sales and Rental'), automobile service stations,
which are separately defined, or automobile dismantling yards, which are included
under "Recycling — Scrap and Dismantling Yards."
Auto Sales and Rental. Retail establishments selling and/or renting automobiles,
trucks and vans. May also include repair shops and the sales of parts and
accessories, incidental to vehicle dealerships. Does not include: the sale of auto
parts/accessories separate from a vehicle dealership (see "Auto Parts Sales"); bicycle
and moped sales (see "General Retail'); mobile home sales (see "Mobile Home and
RV Sales"); tire recapping establishments (see "Auto Repair and Maintenance");
businesses dealing exclusively in used parts, (see 'Recycling - Scrap and Dismantling
Yards"); or "Service Stations," which are separately defined.
Automated Teller Machines (ATM). Computerized, self-service machines used by
banking customers for financial transactions, including deposits, withdrawals and fund
transfers, without contact with financial institution personnel. The machines may be
located at or within banks, or in other locations.
Automobile Dismantling Yard. See "Recycling - Scrap, and Dismantling Yards."
Definitions, "B."
Banks and Financial Services. Financial institutions including:
banks and trust companies
credit agencies
holding (but not primarily operating)
companies
lending and thrift institutions
other investment companies
See also, "Automated Teller Machine," above.
Bar. See "Night Clubs and Bars."
securities/commodity contract
brokers and dealers
security and commodity exchanges
vehicle finance (equity) leasing
agencies
Basic Services. Services provided by a residential care facility for the elderly that
may include daily activities (social, recreational and educational); community space;
utilities and cleaning; safety and security; 24 hour experienced staff; maintenance of
residence and grounds; personal care; three daily meals; family support activities;
transportation; and medication administration.
Bed and Breakfast Inns (B&Bs). Residential structures with one family in permanent
residence with up to five bedrooms rented for overnight lodging, where meals may be
provided subject to applicable Health Department regulations. A Bed and Breakfast
Inn with more than five guest rooms is considered a hotel or motel, and is included
under the definition of "Hotels and Motels." Does not include room rental, which is
separately defined (see "Rooming and Boarding Houses).
Block. Property abutting on one side of a street and lying between the two nearest
intersecting or intercepting streets, or nearest intersecting or intercepting streets and
railroad right-of-way or waterway or subdivided acreage
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Building. See "Structure.
Building Material Stores. Retail establishments selling lumber and other large
building materials, where most display and sales occur indoors. Includes paint,
wallpaper, glass, fixtures. Includes all these stores selling to the general public, even
if contractor sales account for a major proportion of total sales. Includes incidental
retail ready -mix concrete operations, except where excluded by a specific zoning
district. Establishments primarily selling electrical, plumbing, heating, and air
conditioning equipment and supplies are classified in "Warehousing, Wholesaling and
Distribution." Hardware stores are listed in the definition of "General Retail," even if
they sell some building materials.
Business Support Services. Establishments primarily within buildings, providing
other businesses with services including maintenance, repair and service, testing,
rental, etc., also includes:
blueprinting
business equipment repair services
(except vehicle repair, see "Vehicle
Services")
commercial art and design (production)
computer-related services (rental,
repair)
copying and quick printing services
equipment rental businesses within
buildings (rental yards are
"Outdoor Sales Yards")
C. Definitions, "C."
film processing laboratories
heavy equipment repair services where repair
occurs on the client site
janitorial services
mail advertising services (reproduction and shipping)
outdoor advertising services
photofinishing
protective services (other than office related)
soils and materials testing laboratories
window cleaning
California Environmental Quality Act (CEQA). State law (California Public
Resources Code Sections 19000 of seq.) requiring public agencies to document and
consider the environmental effects of a proposed action, prior to allowing the action to
occur.
California Public Utilities Commission (CPUC). The governmental agency which
regulates the terms and conditions of public utilities in the State.
Car Washes. Permanent, self-service and/or attended car washing establishments,
including fully mechanized facilities. May include detailing services. Temporary car
washes are fund-raising activities, typically conducted at a service station or other
automotive -related business, where volunteers wash vehicles by hand, and the
duration of the event is limited to one day. See 17.40.000 (Temporary Use Permits).
Care and Supervision. Services which if provided require a residential care facility
for the elderly to be licensed. These services include assistance as needed with
activities of daily living and the assumption of varying degrees of responsibility for the
safety and well-being of residents to include: assistance in dressing, grooming,
bathing and other personal hygiene; assistance with taking medication; central storing
and distribution of medications; assistance with medical and dental care (including
transportation); maintenance of house rules; supervision of resident schedules and
activities; voluntary maintenance and supervision of resident monies or property; and
monitoring food intake or special diets.
Caretaker Quarters. A residence that is accessory to a nonresidential primary use of
the site, where needed for security, or 24-hour care or supervision.
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Cell site. A geographical area with a radius of two to eight miles that contains both
transmitting and receiving antennae.
Cellular. An analog or digital wireless communication technology that is based on a
system of interconnected neighboring cell sites, each of which contains antennae.
Certificate of Public Convenience and Necessity. A certificate issued by the
California Public Utilities Commission (CPUC).
City. The City of Lodi referred to in this Development Code as the "City."
City Council. The Lodi City Council, referred to in this Development Code as the
"Council."
City Resident. Any person who has lived within the City limits of the City of Lodi
continually for one year immediately prior to the date of application for an affordable
unit.
Clubs, Lodges, and Membership Meeting Halls. Permanent, headquarters -type
and meeting facilities for organizations operating on a membership basis for the
promotion of the interests of the members, including facilities for:
business associations
civic, social and fraternal
organizations
labor unions and similar
organizations
political organizations
professional membership
organizations
other membership organizations
Co -location. The locating of wireless communications equipment from more than one
provider on a single ground -mounted, roof -mounted, or structure -mounted facility.
Commission. See "Planning Commission."
Common Interest Development. Any residential condominium, community
apartment house, or stock cooperative.
Community Care Facility. Any place or building which is maintained and operated to
provide 24 hour non-medical residential care, or day care services for children, adults,
or both limited to the following:
1. Residential Care Facility. A home, group care facility, residential care facility
for the elderly, foster home, alcohol and/or drug recovery facility, intermediate
care facility or similar facility, for 24 hour non-medical care of persons in need of
personal services, supervision, or assistance essential for sustaining the
activities of daily living or for the protection of the individual.
2. Family Day Care. Regularly provided care, protection and supervision of
children, in the care giver's own home, for periods of less than 24 hours per day,
while the parents or authorized representatives are away.
(a) Small Family Day Care Home. A home that provides family child care for
up to six children, or for up to eight children, including children under age 10
who live in the licensee's home, if all of the following conditions are met:
(1) At least two of the children are at least six years of age.
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(2) No more than two infants are cared for during any time when more
than six children are being cared for.
(3) The licensee notifies each parent that the facility is caring for two
additional schoolage children and that there may be up to seven or
eight children in the home at one time.
(4) The licensee obtains the written consent of the property owner when
the family dare care home is operated on property that is leased or
rented.
(b) Large Family Day Care Home. A home that provides family child care for
up to 12 children, or for up to 14 children, including children under age 10
who live in the licensee's home and the assistant provider's children under
age 10, if all of the following criteria are met:
(1) At least two of the children are at least six years of age.
(2) No more than three infants are cared for during any time when more
than 12 children are being cared for.
(3) The licensee notifies each parent that the facility is caring for two
additional schoolage children and that there may be up to 13 or 14
children in the home at one time.
(4) The licensee obtains the written consent of the property owner when
the family dare care home is operated on property that is leased or
rented.
3. Day Care Center. Commercial or non-profit child or adult day care facilities
designed and approved to accommodate 15 or more. Includes infant centers,
preschools, extended day care facilities, and facilities for adults who require
supervision and care because of advanced age, mental or physical deterioration,
dementia, Alzheimer's disease, or similar disabling condition. These may be
operated as part of a business, school, or religious facility, or as an independent
land use.
Community Centers. Multi-purpose meeting and recreational facilities typically
consisting of one or more meeting or multi-purpose rooms, kitchen and/or outdoor
barbecue facilities, that are available for use by various groups for activities including
meetings, parties, receptions, dances, etc.
Community Garden. A site used for growing plants for food, fiber, herbs, flowers,
which is shared and maintained by nearby residents.
Community Space. Space within a residential care facility for the elderly that may
include dining facilities such as a cafe or snack bar; beauty or barber shops; retail
shops that sell food items, non-prescription drugs, small household items and gifts;
pharmacies; libraries; game rooms, meeting rooms; music/craft rooms; community
laundry rooms; community kitchens; and other similar facilities for residents and
guests.
Condominium. As defined by Civil Code Section 1315, a development where
undivided interest in common in a portion of real property is coupled with a separate
interest in space called a unit, the boundaries of which are described on a recorded
final map or parcel map. The area within the boundaries may be filled with air, earth,
315
0
or water, or any combination thereof, and need not be physically attached to any land
except by easements for access and, if necessary, support.
Congregate Living Health Facility. See "Medical Services — Extended Care".
Construction/Heavy Equipment Sales and Rental. Retail establishments selling or
renting heavy construction equipment, including cranes, earth moving equipment,
heavy trucks, etc.
Contractor Storage Yards. Storage yards operated by, or on behalf of a contractor
for storage of large equipment, vehicles, or other materials commonly used in the
individual contractor's type of business; storage of scrap materials used for repair and
maintenance of contractor's own equipment; and buildings or structures for uses such
as offices and repair facilities.
Convalescent Hospital. See "Medical Services — Extended Care".
Convenience Stores. Retail stores of generally 3,500 square feet or less in gross
floor area, which carry a range of merchandise oriented to convenience and travelers'
shopping needs.
County. The County of San Joaquin, State of California.
Crop Production. Commercial agricultural field and orchard uses including
production of:
field cops melons
tlowcrs and seals ornamental crops
Guiis treenWs
grains trees and sod
grapes vogetablcs
Also includes associated crop preparation services and harvesting activities, such as
mechanical soil preparation, irrigation system construction, spraying, crop processing
and retail sales in the field, including sales sheds.
Definitions, "D."
Density. The number of housing units per net acre, unless otherwise stated, for
residential uses.
Department. The Lodi Community Development Department, referred to in this
Development Code as "Department."
Detached. Any structure that does not have a wall or roof in common with another
structure.
Developer. Any person, firm, partnership, association, joint venture, corporation, or
an entity or combination of entities that seeks City permits and approvals for
development.
Development. Any construction activity or alteration of the landscape, its terrain
contour or vegetation, including the erection or alteration of structures, and/or the
establishment of a new land use. New development is any construction, or alteration
of an existing structure or land use, after the effective date of this Development Code.
316
Development Agreement. A contract between the City and an applicant for a
development project, in compliance with Chapter 17.44 (Development Agreements) of
this Development Code and Government Code Sections 65864 et seq. A
development agreement is intended to provide assurance to the applicant that an
approved project may proceed subject to the policies, rules, regulations, and
conditions of approval applicable to the project at the time of approval, regardless of
any changes to City policies, rules, and regulations after project approval. In return,
the City may be assured that the applicant will provide infrastructure and/or pay fees
required by a new project.
Development Code. The Lodi Development Code, Title 17 of the Lodi Municipal
Code, referred to herein as "this Development Code."
Development Standards. The provisions of Lodi Development Code.
Director. The City of Lodi Community Development Director, or designee of the
Director.
District. See "Zoning District."
Drive-in and Drive-thru Sales. Facilities where food or other products may be
purchased by motorists without leaving their vehicles. These facilities include fast-
food restaurants, drive-through coffee, dairy product, photo stores, etc.
Drive-in and Drive-thru Services. Facilities where services may be obtained by
motorists without leaving their vehicles. These facilities include drive -up bank teller
windows, dry cleaners, etc. Does not include: automatic teller machines (ATMs) or
automobile service stations, or car washes, which are separately defined.
Driveway. Means a vehicle accessway extending from road or street to a building or
structure, vehicle parking or delivery area, or pedestrian drop-off point, or between
such areas on a site.
Duplex. A residential structure under single ownership containing two dwellings.
Dwelling, dwelling unit, or housing unit. A room or group of internally connected
rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than
one kitchen, which constitute an independent housekeeping unit, occupied by or
intended for one household on a long-term basis.
Dwelling Group. Two or more detached dwelling units located on a single parcel of
land in one ownership and having any yard, access driveway or court in common.
E. Definitions, "E."
Easement. A grant of one or more of the property rights by the property owner to
and/or for the use by the public, a corporation or another person or entity.
Electromagnetic field. The local electric and magnetic fields caused by voltage and
the flow of electricity that envelop the space surrounding an electrical conductor.
Electronics, Equipment, and Appliance Manufacturing. Establishments engaged in
manufacturing machinery, apparatus, and supplies for the generation, storage,
transmission, transformation and use of electrical energy, including:
317
epplianco such its stoves/ovens,
I Cli igcrators, f.CCZers, tau 11(h N,
equipment, fans, vacuum clauxns,
sewing machines
aviation instl uments
computers, computer components, and
peripherals
cicctrical unnsnt ission and dkAl bution
equipment
electronic components and accessories,
semiconductors, integrated circuits, and
Mated devices
electronic instruments, components end
equipment such its calculators and
computers
electrical welding apparents
lighting and wiring equipment such as
lamps and fixtures, wiring devices,
vehicle lighting
industrial apparatus
industrial controls
instrunrents for mcasurcmcnt, toting,
analysis and control, associated sensors
and acessorics
ntisccllancous clCetrical machinery,
cquipmcnl and supplies such as batteries,
X-ray appsrams and tubes,
cle:trollmlical and elect nthelal otic
apparatus, cicctrical cquipmcnl liar
internal combustion angina
motors and gcneratoi_s
optical instruments and lenses
photographic equipment and supplies
pre-recorded magnclic Tape
rldio and television rccciving cquipmcnl
such its television and radio sets,
phonograph re:ords and surgical,
medical and dental instnuncnts,
equipment, and supplies
surveying and chatting instrumcatts
telephone and tcicgraph apparatus
transformers, switch gear and switchboards
watches and clocks
Does not include testing laboratories (soils, materials testing, etc.) (see 'Business
Support Services"), or research and development facilities separate from
manufacturing (see "Research and Development').
Enhanced specialized mobile radio. A digital wireless communication technology
that specializes in providing dispatching services.
Enlargement of Use. The expansion of a land use activity on a site or within a
structure so that the use/activity occupies more floor or site area.
Environmental Impact Report (EIR).
physical characteristics of an area and
is altered by a proposed action,
Environmental Quality Act (CEQA).
An informational document used to assess the
to determine what effects will result if the area
prepared in compliance with
the California
Equipment Rental, Indoor. Service establishments which may offer a wide variety of
materials and equipment for rental. Construction equipment rental is separately
defined.
Definitions, "F."
Family. One or more persons occupying a premises and living as a single
housekeeping unit, as distinguished from a group occupying a lodging house or hotel.
A family includes the necessary servants.
Farmworker Housing. A housing accommodation developed for and/or provided to a
minimum of five farmworkers, and shall consist of any living quarters, dwelling,
boarding house, tent, barracks, bunkhouse, mobile home, recreational vehicle, travel
trailer, or other housing accommodation maintained in one or more buildings and on
one or more sites. Permanent housing for farmworkers who live in Lodi year-round is
treated the same as other permanent housing (i.e., single family or multi -family).
Seasonal or migrant farmworker housing is treated the same as group residential.
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Feasible. Capable of being accomplished in a successful manner within a reasonable
period of time, taking into account economic, environmental, social and technological
factors.
Floor Area, Gross. The area in square feet of all floors within a building, measured
from the outside surfaces of the exterior walls.
Floor Area Ratio (FAR). The Floor Area Ratio (FAR) is the ratio of floor area to total
lot area. FAR restrictions are used to limit the maximum floor area allowed on a site
(including all structures on the site). The maximum floor area of all structures
(measured from exterior wall to exterior wall) permitted on a site (including carports)
shall be determined by multiplying the Floor Area Ratio (FAR) by the total net area of
the site (FAR x Net Site Area = Maximum Allowable Floor Area).
Flower Tower. A structure that integrates a monopole into a light pole or other utility
pole.
Food and Beverage Manufacturing. Manufacturing establishments producing or
processing foods and beverages for human consumption, and certain related
products. Includes:
bakeries
bottling plants
breweries
candy, sugar and confectionery
products manufacturing
catering services separate from
stores or restaurants
coffee roasting
dairy products manufacturing
May include tasting and accessory retail sale
tasting facility separate from the manufacturing
of "Night Clubs and Bars" if alcoholic beverages
beverages are non-alcoholic.
fats and oil product manufacturing
fruit and vegetable canning, preserving,
related processing
grain mill products and by-products
meat, poultry, and seafood canning,
curing, by product processing
soft drink production
miscellaneous food item preparation from
raw products
s of beverages produced on site. A
facility is included under the definition
are tasted, and under "Restaurant" if
Does not include: bakeries which sell all products on-site, which are included in the
definition of "General Retail;" or beer brewing as part of a brew pub, bar or restaurant
(see "Night Clubs and Bars").
Furniture, Furnishings and Appliance Stores. Stores engaged primarily in selling
the following products and related services, including incidental repair services:
computers and computer equipment
draperies
floor coverings
furniture
glass and chinaware
home appliances
home furnishings
home sound systems
interior decorating materials and
services
large musical instruments
lawn furniture
movable spas and hot tubs
office furniture
other household electrical and gas
appliances
outdoor furniture
refrigerators
stoves
televisions
Furniture/Fixtures Manufacturing, Cabinet Shops. Manufacturers producing: wood
and metal household furniture and appliances; bedsprings and mattresses; all types of
office furniture and public building furniture and partitions, shelving, lockers and store
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G.
furniture, and miscellaneous drapery hardware, window blinds and shades. Includes
wood and cabinet shops, but not sawmills or planing mills.
Definitions, "G."
Garage, or Carport. Parking space and shelter for automobiles or other vehicles,
where the size of the parking space complies with the provisions of Chapter 17.32
(Parking and Loading).
A garage is an attached or detached accessory structure with a door, enclosed on
at least three sides.
2. A carport is an attached or detached accessory structure enclosed on no more
than two sides.
Garage Sale. Any sale held for the purpose of selling, trading or otherwise disposing
of household furnishings, personal goods or other tangible properties of a resident of
the premises on which the sale is conducted in a residential zone.
Gas Station. A retail business selling gasoline or other motor vehicle fuels, which
may also provide services which are incidental to fuel services. These secondary
services may include vehicle engine maintenance and repair, towing and trailer rental
services. Does not include the storage or repair of wrecked or abandoned vehicles,
vehicle painting, body or fender work, or the rental of vehicle storage or parking
spaces.
General Plan. The City of Lodi General Plan, including all its elements and all
amendments to the General Plan, as adopted by the City Council under the provisions
of Government Code Sections 65300 of seq., and referred to in this Development
Code as the "General Plan."
General Retail. Stores and shops selling many lines of merchandise. These stores
and lines of merchandise include but may not be limited to:
art galleries
artists' suppl ics
bakeries (all production in support of on-site
sales)
bicycles
books
cameras mxl photographic supplies
clothing and accessories
collectibles (cards, coins, comics, stamps,
etc.)
department stoics
drug and discount stores
chy goods
electronics/ IV
fabrics and sewing supplies
florists and houseplant stoics (in(foor sales
only, outdoor sales arc'Plant NUISCIie5")
gill and souvenir shops
Ill IIII t it l'e, home turn ishill "IS and equipment
general stoics
hardware -no outside storage
hobby materials
jewelry
luggage and leather goock
musical insu-umcnls, parts and accessorics
ncwSstands
orthopedic supplies'
IM supplies sides \\'fill no animals but dish
religious goods
small wares
specialty shops
spotting goods and cluipmcnl
S l ati oil cry
toys and games
variety stores
Golf Courses and Country Clubs. Golf courses, and accessory facilities and uses
including: clubhouses with bar and restaurant, locker and shower facilities; driving
ranges; "pro shops" for on-site sales of golfing equipment; and golf cart storage and
sales facilities.
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Grade. The ground surface immediately adjacent to the exterior base of a structure,
typically used as the basis for measurement of the height of the structure.
Grand Opening. An advertising event which has as its purpose, the promotion of a
newly opened use, a change in the orientation of a use or reopening of a use following
a remodeling or major renovation.
Grocery Store. A retail business where the majority of the floor area open to the
public is occupied by food products packaged for preparation and consumption away
from the site of the store.
Group Residential. All living situations with shared living quarters without separate
kitchen or bathroom facilities for each room or unit, including boarding houses,
dormitories, and SRO facilities
Guest House. A detached structure accessory to a single-family dwelling,
accommodating living/sleeping quarters, but without kitchen or cooking facilities.
H. Definitions, "H."
Handcraft Industries, Small -Scale Manufacturing. Establishments manufacturing
and/or assembling small products primarily by hand, including jewelry, pottery and
other ceramics, as well as small glass and metal art and craft products.
Health/Fitness Facilities. Fitness centers, gymnasiums, health and athletic clubs
including any of the following: indoor sauna, spa or hot tub facilities; indoor tennis,
handball, racquetball, archery and shooting ranges and other indoor sports activities.
Hedge. Shrubs and/or trees planted and maintained at a spacing interval which
creates a physical and/or visual barrier.
Heliport. A designated, marked area on the ground or the top of a structure where
helicopters may land at any time.
Home Occupations. The conduct of a business within a dwelling unit or residential
site, employing occupants of the dwelling, with the business activity being subordinate
to the residential use of the property.
Hotel or Motel. Facilities with guest rooms or suites, provided with or without kitchen
facilities, rented to the general public for transient lodging (less than 30 days). Hotels
provide access to most guest rooms from an interior walkway, and typically include a
variety of services in addition to lodging; for example, restaurants, meeting facilities,
personal services, etc. Motels provide access to most guest rooms from an exterior
walkway. Also includes accessory guest facilities such as swimming pools, tennis
courts, indoor athletic facilities, accessory retail uses, etc.
Household Pets. The keeping/raising of birds, cats, dogs, or other common
household pets, as determined by the Director, accessory to a residential use.
Housing costs. The monthly mortgage principal and interest, property taxes,
homeowners insurance, and condominium fees, where applicable, for ownership units;
and the monthly rent for rental units.
HUD. The United States Department of Housing and Urban Development or its
successor.
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Definitions, "I."
Illegal Building or Use. A building or use that does not conform to one or more of the
provisions of this Development Code, and did not lawfully exist on the effective date of
applicable provisions of this Development Code.
Income eligibility. The gross annual household income considering household size
and number of dependents, income of all wage earners, elderly or disabled household
members and all other sources of household income.
Independent Living. Housing that is intended for elderly persons who may require
some assistance but are generally able to live and function independently. These
facilities are usually apartment style housing with a studio, one -bedroom or larger
units, one or more bathrooms and either a kitchenette or full kitchen. Meals,
housekeeping and laundry services are provided for residents. Social activities and
other non-medical services, such as transportation, are sometimes offered.
Indoor Amusement/Entertainment Facilities. Establishments providing indoor
amusement and entertainment services for a fee or admission charge, including:
bowling alleys
coin-operated amusement arcades
dance halls, clubs and ballrooms
electronic game arcades
ice skating and roller skating
pool and billiard rooms as primary uses
Five or more electronic games or coin-operated amusements in any establishment, or
a premises where 50 percent or more of the floor area is occupied by amusement
devices, are considered an electronic game arcade as described above, three or less
machines are not considered a land use separate from the primary use of the site.
Intensification of Use. A change in the use of a structure or site, where the new use
is required by Chapter 17.32 (Parking and Loading) to have more off-street parking
spaces than the former use; or a change in the operating characteristics of a use (for
example, hours of operation), which generate more activity on the site.
Definitions, "J."
Junkyard. Automobile wrecking yards, any area where junk vehicles are stored,
keeping or abandonment of junk, including scrap metal or other scrap materials, or for
the dismantling, demolition or abandonment of automobiles or other vehicles or
machinery or parts thereof.
K. Definitions, "K."
Kitchen. A room or space within a building intended to be used for the cooking or
preparation of food.
L. Definitions, "L."
Land Use Permit. Authority granted by the City to use a specified site for a particular
purpose, including Use Permits, Temporary Use Permits, Planned Development
Permits, Variances, Zoning Clearances, as established by Article 4 (Land Use and
Development Permit Procedures) of this Development Code.
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Landscaping. The planting and maintaining of an area with predominantly native or
exotic plant materials including lawn, groundcover, trees, shrubs, and other plant
materials; and also including accessory decorative outdoor landscape elements (for
example, pools, fountains, paved or decorated surfaces, but excluding driveways,
parking, loading, or storage areas).
Large Family Day Care Home. See "Community Care Facility"
Lattice tower. A structure with three or four steel support legs that supports a variety
of antennae. These towers generally range in height from 60 to 200 feet and are
constructed in areas where increased height is needed, microwave antennas are
required, or where the weather demands a more structurally -sound design.
Laundries and Dry Cleaning Plants. Service establishments engaged primarily in
high volume laundry and garment services, including: power laundries (family and
commercial); garment pressing and dry cleaning; linen supply; diaper service;
industrial laundries; carpet and upholstery cleaners. Does not include coin-operated
laundries or dry cleaning pick-up stores without dry cleaning equipment; see "Personal
Services."
Libraries and Museums. Public or quasi -public facilities including aquariums,
arboretums, art galleries and exhibitions, botanical gardens, historic sites and exhibits,
libraries, museums, and planetariums, which are typically non-commercial, other than
an accessory gift/book shop.
License. A basic permit issued by a licensing agency to operate a Community Care
Facility.
Licensing Agency. A state, county or other public agency authorized by the State
Department of Social Services to assume specified licensing, approval or consultation
responsibilities in compliance with Health and Safety Code Section 1569.13.
Life Care/Continuing Care Retirement Communities. See "Medical Services —
Extended Care".
Live/Work Facilities. An integrated housing unit and working space, occupied and
utilized by a single household in a structure, either single-family or multi -family, that
has been designed or structurally modified to accommodate joint residential
occupancy and work activity, and which includes:
Complete kitchen space and sanitary facilities in compliance with the California
Building Code; and
2. Working space reserved for and regularly used by one or more occupants of the
unit.
Lot, or Parcel. A recorded lot or parcel of real property under single ownership,
lawfully created as required by the Subdivision Map Act and City ordinances, including
this Development Code. Types of lots include the following.
Corner lot. A lot located at the intersection of two or more streets, where they
intersect at an interior angle of not more than 135 degrees. If the intersection
angle is more than 135 degrees, the lot is considered an interior lot.
2. Flag lot. A lot having access from the building site to a public street by means of
private right-of-way strip that is owned in fee.
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3. Interior lot. A lot abutting only one street
4. Key lot. An interior lot, the front of which adjoins the side property line of a
corner lot.
5. Reverse corner lot. A corner lot, the rear of which abuts a key lot.
6. Through lot. A lot with frontage on two generally parallel streets.
Lot Area. Gross lot area is the total area included within the lot lines of a lot,
exclusive of adjacent dedicated street rights of way. Net lot area is exclusive of
easements, including those for utilities or flood control channels, which limit the use of
the lot.
Lot Area, Net. The portion of a parcel that is:
1. Not subject to any easement or included as a proposed public or private facility,
such as an alley, highway, street, or other necessary public site within a proposed
development project, or
2. Subject to an easement where the owner of the underlying fee has the right to
use the entire surface except the portion where the owner of the easement may
place utility poles or minor utility structures.
Except as provided above, portions of a parcel to a highway easement or any other
private or public easement shall not be counted as part of the net area.
Lot Coverage. See "Site Coverage."
Lot Depth. The average linear distance between the front and the rear lot lines or the
intersection of the two side lot lines if there is no rear line. See Figure 7-1 (Lot
Features). The Director shall determine lot depth for parcels of irregular configuration.
Lot Frontage. The boundary of a lot adjacent to a public street right-of-way.
Lot Line or Property Line. Any recorded boundary of a lot. Types of lot lines are as
follows (see Figure 7-1 (Lot Features)):
1. Front lot line. On an interior lot, the property line separating the parcel from the
street. The front lot line on a corner lot is the line with the shortest frontage. (If
the lot lines of a corner lot are equal in length, the front lot line shall be
determined by the Director.) On a through lot, both lot lines are front lot lines and
the lot is considered to have no rear lot line.
2. Interior lot line. Any lot line not abutting a street.
3. Rear lot line. A property line that does not intersect the front lot line, which is
most distant from and most closely parallel to the front lot line.
4. Side lot line. Any lot line that is not a front or rear lot line.
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FIGURE 7-1 - LOT FEATURES
Lot of Record. A parcel of land held in separate ownership as shown on the county
assessors records at the time of the passage of the ordinance codified in this title.
Lot Width. The horizontal distance between the side lot lines, measured at right
angles to the lot depth at a point midway between the front and rear lot lines. See
Figure 7-1 (Lot Features). The Director shall determine lot width for parcels of
irregular shape.
M. Definitions, "M."
Map Act. See "Subdivision Map Act."
Medical Services - Clinics, Offices, and Laboratories. Facilities primarily engaged
in furnishing outpatient medical, mental health, surgical and other personal health
services, but which are separate from hospitals, including:
health management organizations (HMOs)
medical and dental laboratories
medical, dental and psychiatric offices
out-patient care facilities
other allied health services
Counseling services by other than medical doctors or psychiatrists are included under
"Offices."
Medical Services - Extended Care. Residential facilities providing nursing and
health-related care as a primary use with in-patient beds, such as: board and care
homes; convalescent and rest homes; extended care facilities; skilled nursing facilities.
Long-term personal care facilities that do not emphasize medical treatment are
included under "Community Care Facility".
Medical Services - Hospitals. Hospitals and similar facilities engaged primarily in
providing diagnostic services, and extensive medical treatment, including surgical and
other hospital services. These establishments have an organized medical staff,
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inpatient beds, and equipment and facilities to provide complete health care. May
include on-site accessory clinics and laboratories, accessory retail uses and
emergency heliports (see the separate definition of "Accessory Retail Uses").
Metal Products Fabrication, Machine and Welding Shops. Establishments
engaged primarily in the assembly of metal parts, including the following uses that
produce metal duct work, tanks, towers, cabinets and enclosures, metal doors and
gates, and similar products,
blacksmith and welding shops
sheet metal shops
machine shops and boiler shops
Microbrewery. A facility where beer brewed on the premises is sold for on-site
consumption.
Microcell. A wireless communication facility that:
1. Contains a maximum of four whip or panel antennae. Each whip antenna does
not exceed four inches in diameter and four feet in length. Each panel antenna
does not exceed two square feet in surface area;
2. Contains a maximum of one microwave antenna no larger than 10 square feet in
surface area;
3. Has an array of antennae less than 10 feet in height;
4. Is roof or structure -mounted or, if within the public right-of-way, is located on top
of a light pole or telephone pole or a metal or precast concrete monopole (similar
in design to a street light pole or street tree); and
5. Has a total height, if roof or structure -mounted, that does not exceed the
maximum height allowed in the zoning district in which the facility is located.
Mixed -Use Project. A project which combines both commercial and residential uses,
where the residential component is typically located above the commercial.
Mobile Home. A trailer, transportable in one or more sections, that is certified under
the National Manufactured Housing Construction and Safety Standards Act of 1974,
which is over eight feet in width and 40 feet in length, with or without a permanent
foundation and not including recreational vehicle, commercial coach or factory -built
housing. A mobile home on a permanent foundation is included under the definition of
"Single -Family Dwellings."
Mobile Home Park. Any site that is planned and improved to accommodate two or
more mobile homes used for residential purposes, or on which two or more mobile
home lots are rented, leased, or held out for rent or lease, or were formerly held out for
rent or lease and later converted to a subdivision, cooperative, condominium, or other
form of resident ownership, to accommodate mobile homes used for residential
purposes.
Monopole: A single, ground -mounted, self-supporting pole -type structure, tapering
from base to top and supporting a fixture designed to hold one or more antennas. For
the purpose of this Ordinance, any tree pole, flagpole, bell tower, clock tower, windmill
or other similar ground -mounted, self-supporting structure that is designed to disguise
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antennas and their support structures shall also be deemed to be a monopole,
however a monopole shall not be deemed to be a transmission tower.
Mortuaries and Funeral Homes. Funeral homes and parlors, where deceased are
prepared for burial or cremation, and funeral services may be conducted.
Mounted. Attached or supported.
Multi -Family Dwellings. A building or a portion of a building used and/or designed as
residences for three or more families living independently of each other. Includes:
triplexes, fourplexes (buildings under one ownership with three or four dwelling units,
respectively, in the same structure) and apartments (five or more units under one
ownership in a single building); townhouse development (three or more attached
single-family dwellings where no unit is located over another unit); and senior citizen
multi -family housing; see also "Common Interest Developments."
N. Definitions, "N."
Negative Declaration. A statement describing the reasoning that a proposed action
will not have a significant adverse effect on the environment, in compliance with the
California Environmental Quality Act (CEQA).
Night Clubs and Bars. Businesses where alcoholic beverages are sold for on-site
consumption, which are not part of a larger restaurant. Includes bars, taverns, pubs,
and similar establishments where any food service is subordinate to the sale of
alcoholic beverages. May include entertainment (e.g., live music and/or dancing,
comedy, etc.). May also include beer brewing as part of a microbrewery, and other
beverage tasting facilities.
Nonconforming Parcel. A parcel that was legally created prior to the adoption of this
Development Code and which does not conform to current Code provisions/standards
(e.g.,access, area or width requirements, etc.) prescribed for the zoning district in
which the parcel is located.
Nonconforming Sign. A sign which lawfully existed prior to the effective date of this
Development Code, or any amendment thereto, but which fails by reason of such
adoption or amendment to conform to all of the standards and regulations of the
adopted or amended provision.
Nonconforming Structure. A structure that was legally constructed prior to the
adoption of this Development Code and which does not conform to current Code
provisions/standards (e.g., open space, distance between structures, etc.) prescribed
for the zoning district in which the structure is located.
Nonconforming Use. A use of a structure (either conforming or nonconforming) or
land that was legally established and maintained prior to the adoption of this
Development Code and which does not conform to current Code provisions governing
allowable land uses for the zoning district in which the use is located.
Nursing Home. See "Medical Services — Extended Care".
O. Definitions, "O."
Occupancy. All or a portion of a structure occupied by one tenant
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Offices. This Development Code distinguishes between the following types of office
facilities. These do not include: medical offices (see "Medical Services - Clinics
Offices, and Laboratories"); or offices that are incidental and accessory to another
business or sales activity that is the primary use. Incidental offices that are
customarily accessory to another use are allowed as part of an approved primary use.
Administrative/Business. Establishments providing direct services to
consumers, such as insurance agencies, real estate offices, utility company
offices, etc.
Government. City, and other local, state, and federal government agency or
service facilities. Includes post offices, but not bulk mailing distribution centers,
which are under "Truck and Freight Terminals."
3. Production. Office -type facilities occupied by businesses engaged in the
production of intellectual property. These uses include:
advertising agencies
architectural, engineering, planning
and surveying services
computer software
production and
programming services
educational, scientific and research
organizations
media postproduction services
photography and commercial art studios
writers and artists offices
4. Professional. Professional offices including:
accounting, auditing and
detective agencies and similar services
bookkeeping services
employment, stenographic, secretarial and
attorneys
word processing services
counseling services
literary and talent agencies
court reporting services
management and public relations services
data processing services
5. Temporary. A mobile home, recreational vehicle or modular unit used as a
temporary office facility. Temporary Offices may include: construction
supervision offices on a construction site or off-site construction yard; a temporary
on-site real estate office for a development project; or a temporary business office
in advance of permanent facility construction.
6. Temporary Real Estate. The temporary use of a dwelling unit within a
residential development project as a sales office for the units on the same site,
which is converted to residential use at the conclusion of its office use.
Off-site. An activity or accessory use that is related to a specific primary use, but is
not located on the same site as the primary use.
On-site. An activity or accessory use that is related to a specific primary use, which is
located on the same site as the primary use.
Open Fencing. A barrier constructed of material which is transparent, such as glass,
plastic panels or wrought iron, used in conjunction with recreation and seating areas.
Outdoor Recreation Facilities. Facilities for various outdoor participant sports and
types of recreation, including:
amphitheaters
amusement and theme parks
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health and athletic club outdoor
facilities
miniature golf courses
tennis courts
skateboard parks water slides
stadiums and coliseums zoos
swim and tennis clubs
May also include commercial facilities customarily associated with the above outdoor
commercial recreational uses, including bars and restaurants, video game arcades,
etc. Does not include parks and playgrounds, which are separately defined.
Outdoor Retail Sales and Activities. Permanent outdoor sales and rental
establishments including auto dealers, lumber and other material sales yards,
newsstands, outdoor facilities for the sale or rental of other vehicles/equipment, and
other uses where the business is not conducted entirely within a structure.
Outdoor Retail Sales, Temporary. Temporary outdoor retail operations including:
Christmas trees, pumpkins or the sale of other seasonal items
farmers' markets
food vendors
semi-annual sales of arUhandcrafted items in conjunction with community festivals or art shows
sidewalk or parking lot sales longer than one weekend
retail sales from individual vehicles in temporary locations outside the public right-of-way
P. Definitions, "P."
Parcel. See "Lot, or Parcel."
Parking Facilities/Vehicle Storage. Service establishments in the business of
storing operative cars, trucks, buses, recreational vehicles, and other motor vehicles
for clients. Includes both day use and long-term public and commercial garages,
parking lots and structures, except when accessory to a primary use. (All primary
uses are considered to include any customer or public use off-street parking required
by the Development Code.) Includes sites where vehicles are stored for rental or
leasing. Does not include dismantling yards.
Parks and Playgrounds. Public parks, play lots, playgrounds, and athletic fields for
non-commercial neighborhood or community use, including tennis courts. See also
"Outdoor Recreation Facilities."
Pawn Shops. Indoor retail establishments that accept personal property as collateral
for loans, and offer the property for sale to the public.
Pedestrian Orientation. Any physical structure or place with design qualities and
elements that contribute to an active, inviting and pleasant place for pedestrians
including but not limited to:
1. Street furniture;
2. Design amenities related to the street level such as awnings, paseos, arcades;
3. Visibility into buildings at the street level;
4. Highly articulated facades at the street level with interesting uses of material,
color, and architectural detailing;
5. Continuity of the sidewalk with a minimum of intrusions into pedestrian right-of-
way;
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6. Continuity of building facades along the street with few interruptions in the
progression of buildings and stores;
7. Signage oriented and scaled to the pedestrian rather than the motorist; and
8. Landscaping.
Pedestrian -Oriented Use. A use which is intended to encourage walk-in customers
and which generally does not limit the number of customers by requiring appointments
or otherwise excluding the general public. A pedestrian -oriented use provides
spontaneous draw from sidewalk and street due to intense and surprising visual
interest, high customer turnover and intense social interaction.
Permitted Use. Any use allowed in a zoning district and subject to the restrictions
applicable to that zoning district.
Person. Any individual, firm, co -partnership, corporation, company, association, joint
stock association; city, county, state, or district; and includes any trustee, receiver,
assignee, or other similar representative thereof.
Personal Communication Services. A digital wireless communications technology
with the capacity for multiple communication services, and which provides a system for
the routing of calls to individuals rather than places, regardless of location.
Personal Services. Establishments providing non-medical services as a primary use,
including, but not limited to:
barber and beauty shops
psychic readers
clothing rental
shoe repair shops
dry cleaning pick-up stores with
spas and hot tubs
limited equipment
tailors
home electronics and small appliance
tanning salons
repair
tattoo parlors
laundromats (self-service laundries)
massage (licensed, theraputic, non-
sexual)
These uses may also include accessory retail sales of products related to the services
provided.
Planning Commission. The City of Lodi Planning Commission, appointed by the
Lodi City Council in compliance with Government Code Section 65101, referred to
throughout this Development Code as the "Commission."
Plant Nurseries and Garden Supply Stores. Commercial agricultural
establishments engaged in the production of ornamental plants and other nursery
products, grown under cover or outdoors. Includes stores selling these products,
nursery stock, lawn and garden supplies, and commercial scale greenhouses. The
sale of house plants or other nursery products entirely within a building is also included
under "General Retail Stores." Home greenhouses are included under "Accessory
Residential Uses and Structures."
Primary Structure. A structure that accommodates the primary use of the site
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Primary Use. The main purpose for which a site is developed and occupied, including
the activities that are conducted on the site during most of the hours when activities
occur.
Primary Zoning District. The zoning district applied to a site by the Zoning Map, to
which an overlay zoning district may also be applied.
Printing and Publishing. Establishments engaged in printing by letterpress,
lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and other
establishments serving the printing trade such as bookbinding, typesetting, engraving,
photoengraving and electrotyping. This use also includes establishments that publish
newspapers, books and periodicals; establishments manufacturing business forms
and binding devices. "Quick printing" services are included in the definition of
"Business Support Services."
Private wireless communication facility. A wireless communication facility that has
not been granted a Certificate of Public Convenience and Necessity by the California
Public Utilities Commission (CPUC).
Project. Proposed development or a new land use.
Property Line. The recorded boundary of a parcel of land.
Proposed Project. A proposed new structure, new addition to an existing structure,
or area of other new site development; these do not include the alteration of any
portion of an existing structure other than an addition.
Public Safety Facilities. Facilities operated by public agencies including fire stations,
other fire prevention and fire fighting facilities, police and sheriff substations and
headquarters, including interim incarceration facilities.
Public Utility Facilities. Fixed -base structures and facilities serving as junction points
for transferring utility services from one transmission voltage to another or to local
distribution and service voltages. These uses include any of the following facilities that
are not exempted from land use permit requirements by Government Code Section
53091:
corporation and maintenance yards.
electrical substations and switching stations
natural gas regulating and distribution facilities
public water system wells, treatment plants and storage
telephone switching facilities
wastewater treatment plants, settling ponds and disposal fields
These uses do not include office or customer service centers (classified in "Offices"),
or equipment and material storage yards.
Public wireless communication facility. A wireless communication facility that has
been granted a Certificate of Public Convenience and Necessity by the California
Public Utilities Commission (CPUC).
Q. Definitions, "Q."
Quarry materials storage and processing. Manufacturing facilities for the sorting,
grading, and storage of aggregates as construction materials; includes concrete batch
plants. A retail ready -mix concrete operation as an incidental use in conjunction with a
building materials outlet is defined under "Building Material Stores."
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R. Definitions, "R."
Radiofrequency radiation. Electromagnetic radiation in the portion of the spectrum
from three kilohertz to 300 gigahertz.
Recreational Vehicle (RV). A motor home, travel trailer, truck camper, or camping
trailer, with or without motive power, originally designed for human habitation for
recreational, emergency, or other occupancy, which meets all of the following criteria:
1. Contains less than 320 square feet of internal living room area, excluding built-in
equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and
bath or toilet rooms;
2. Contains 400 square feet or less of gross area measured at maximum horizontal
projections;
3. Is built on a single chassis; and
4. Is either self-propelled, truck -mounted, or permanently towable on the highways
without a towing permit.
Recreational Vehicle Park. A site where one or more lots are used, or are intended
to be used, by campers with recreational vehicles or tents. Recreational vehicle parks
may include public restrooms, water, sewer, and electric hookups to each lot and are
intended as a higher density, more intensively developed use than campgrounds. May
include accessory retail uses where they are clearly incidental and intended to serve
RV park patrons only.
Recyclable material. Reusable domestic containers and other materials which can
be reconstituted, re -manufactured, or reused in an altered form, including glass,
metals, paper and plastic. Recyclable material does not include refuse or hazardous
materials (see "Recycling Facilities" below).
Recycling Facilities. This land use type includes a variety of facilities involved with
the collection, sorting and processing of recyclable materials.
Small Collection facility. A facility occupying an area of 500 square feet or less
where the public may donate, redeem or sell recyclable materials, which may
include the following, where allowed by the applicable zoning district:
a. Reverse vending machine(s). An automated mechanical device which
accepts at least one or more types of empty beverage containers and issues
a cash refund or a redeemable credit slip with a value not less than the
container's redemption value, as determined by State law. These vending
machines may accept aluminum cans, glass and plastic bottles, and other
containers.
b. Mobile recycling unit. An automobile, truck, trailer, or van used for the
collection of recyclable materials, carrying bins, boxes, or other containers.
c. Bulk reverse vending machine is a reverse vending machine that is larger
than 50 square feet, is designed to accept more than one container at a time,
and issues a cash refund based on total weight instead of by container.
d. Kiosk -type units which may include permanent structures.
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2. Large collection facility. A facility which occupies an area of more than 500
square feet and/or include permanent structures which may include the following:.
a. Processing facility. A structure or enclosed space used for the collection
and processing of recyclable materials for shipment, or to an end -user's
specifications, by such means as baling, briquetting, cleaning, compacting,
crushing, flattening, grinding, mechanical sorting, re -manufacturing and
shredding. Processing facilities include the following types, both of which are
included under the definition of "Recycling- Scrap and Dismantling Yards,"
below:
(1) Light processing facility occupies an area of under 45,000 square feet of
collection, processing and storage area, and averages two outbound
truck shipments each day. Light processing facilities are limited to
baling, briquetting, compacting, crushing, grinding, shredding and
sorting of source separated recyclable materials sufficient to qualify as a
certified processing facility. A light processing facility shall not shred,
compact, or bale ferrous metals other than food and beverage
containers; and
(2) A heavy processing facility is any processing facility other than a light
processing facility.
3. Scrap and dismantling yards. Outdoor establishments primarily engaged in
assembling, breaking up, sorting, and the temporary storage and distribution of
recyclable or reusable scrap and waste materials, including auto wreckers
engaged in dismantling automobiles for scrap, and the incidental wholesale or
retail sales of parts from those vehicles. Includes light and heavy processing
facilities for recycling (see the definitions above). Does not include: places where
these activities are conducted entirely within buildings, pawn shops, and other
secondhand stores; the sale of operative used cars; or landfills or other waste
disposal sites.
Religious Facilities. Facilities operated by religious organizations for worship, or the
promotion of religious activities, including churches, mosques, synagogues, temples,
etc.; and accessory uses on the same site, including living quarters for ministers and
staff, child day care facilities and religious schools where authorized by the same type
of land use permit required for the religious facility itself. May also include fund-raising
sales, bazaars, dinners, parties, or other outdoor events on the same site. Other
establishments maintained by religious organizations, including as full-time
educational institutions, hospitals and other potentially -related operations (for example,
a recreational camp) are classified according to their respective activities.
Resale controls. Legal provisions by which the sale of affordable units will be
controlled to insure that the unit is affordable by very low or low income households
over time.
Research and Development (R&D). Indoor facilities for scientific research, and the
design, development and testing of electrical, electronic, magnetic, optical and
mechanical components in advance of product manufacturing, that are not associated
with a manufacturing facility on the same site. Includes pharmaceutical, chemical and
biotechnology research and development. Does not include computer software
companies (see "Offices - Production"), soils and other materials testing laboratories
(see 'Business Support Services"), or medical laboratories (see "Medical Services -
Clinics, Offices, and Laboratories").
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S.
Residential Care Home. See "Community Care Facility".
Residential District or Zone. Any of the residential zoning districts established by
Section 17.10.020 (Zoning Districts Established).
Residential Project. A housing development at one location including all units for
which permits have been applied for or approved within a 12 -month period, intended
and designed for permanent occupancy, including but not limited to single-family
dwellings, duplexes, triplexes, fourplexes, apartments, multiple -dwelling structures, or
group of dwellings, condominium development, townhouse development, cooperative,
or land division.
Residential Shelters. Facilities for the temporary shelter and feeding of indigents or
disaster victims, operated by a public or non-profit agency.
,
establishments where most customers are served food at tables for on -premise
consumption, but may include providing food for take-out. Also includes coffee
houses.
Restaurant. A retail business selling ready -to -eat food for on- or off -premise
consumption. These include eating establishments where customers are served from
a walk-up ordering counter for either on- or off -premise consumptionand
Review Authority. The individual or official City body (the Community Development
Director, Planning Commission, or City Council) identified by this Development Code
as having the responsibility and authority to review, and approve or disapprove the
permit applications described in Article 6 (Development Code Administration).
Roadside Stands. Open structures for the retail sale of agricultural products, located
on the site or in the area of the property where the products being sold were grown.
Does not include field sales or agricultural products, which is included under
Production of Crops."
Rooming and Boarding Houses. The renting of individual bedrooms within a
dwelling to two or more unrelated people, whether or not meals are provided.
Definitions, "S."
Schools. Public and private
boarding schools
business, secretarial, and vocational
schools
community colleges, colleges and
universities
elementary, middle, and junior high
schools
establishments providing courses by
mail
educational institutions, including:
high schools
military academies
professional schools (law, medicine,
etc.)
seminaries/religious ministry training
facilities
Also includes specialized schools offering instruction in the following:
art
ballet and other dance
computers and electronics
drama
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driver education
language
music
Also includes facilities, institutions and conference centers that offer specialized
programs in personal growth and development, such as fitness, environmental
awareness, arts, communications, and management. Does not include pre-schools
and child day care facilities (see "Community Care Facility"). See also the definition of
"Studios - Art, Dance, Music, Photography, etc." for smaller -scale facilities offering
specialized instruction.
Secondary Dwelling Unit. An additional living unit on a lot within a single-family
zone. A second unit is a self-contained unit with separate kitchen, living and sleeping
facilities. A second unit can be created by (a) altering a single family dwelling to
establish a separate unit or (b) adding a separate unit onto an existing dwelling.
Section 404 or Section 10 Permit. The permits issued by U.S. Army Corps of
Engineers (ACE) establishing wetlands delineations and conditions governing
activities therein.
Senior Apartments. Multifamily residential projects where occupancy is limited to
people of fifty-five (55) years of age or older.
Senior Continuum of Care Complex. See "Community Care Facility" and "Medical
Services — Extended Care".
Senior Citizen. An adult 55 years or older.
Setback. The distance by which the wall of a structure, parking area or other
development feature must be separated from a lot line, other structure or development
feature, or street centerline. Setbacks from private streets are measured from the
edge of the easement to the wall of the structure. See also "Yard." Figure 7-2
(Setbacks) shows the location of front, side, street side and rear setbacks. Figure 7-3
(Flag Lot Setbacks) below, shows the location of front yard setbacks for flag lots.
13uiTiiGi� vaa
� 1 satback
�A
Inloiux
side ticlbaol. _
w1b is
!Sid,
1,
I �~
� 1
From
t � setback
'ELI"VIV [vont lot lin
Si,_,ht distance arca
FIGURE 7-2
LOCATION AND MEASUREMENT OF SETBACKS
"Flag Pole"
Alternative front
setback may be
allowed by Direc
Street
FIGURE 7-3
FLAG LOT SETBACKS
Sign. A structure, device, figure, display, message placard, or other contrivance, or any part
thereof, situated outdoors or indoors, which is designed, constructed, intended, or used to
advertise, or to provide information in the nature of advertising, to direct or attract attention to
an object, person, institution, business, product, service, event, or location by any means,
including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected
images. Does not include murals, paintings and other works of art that are not intended to
advertise or identify any business or product. Types of signs include the following.
1. Abandoned Sign. A sign advertising a use, occupancy, or product which no
longer exists, in the event of billboards, or which no longer exists on the site
where the sign is located, in the case of on-site signs, for a period of 90 days..
2. Animated or Moving Sign. A sign which uses movement, lighting, or special
materials to depict action or create a special effect to imitate movement.
3. Awning Sign. A sign copy or logo attached to or painted on an awning.
4. Banner, Flag, or Pennant. Cloth, bunting, plastic, paper, or similar non -rigid
material used for advertising purposes attached to a structure, staff, pole, line,
framing, or vehicle, not including official flags of the United States, the State of
California, and other states of the nation, counties, municipalities, official flags of
foreign nations and nationally or internationally recognized organizations.
5. Bench Sign. Copy painted on a portion of a bench.
6. Business Identification Sign. A sign which serves to identify only the name,
address, and lawful use of the premises upon which it is located and provides no
other advertisements or product identification.
7. Cabinet Sign (Can Sign). A sign which contains all the text and/or logo symbols
within a single enclosed cabinet and may or may not be internally illuminated.
8. Changeable Copy Sign. A sign designed to allow the changing of copy through
manual, mechanical, or electrical means including time and temperature.
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9. Civic Event Sign. A temporary sign, posted to advertise a civic event sponsored
by a public agency, school, church, civic -fraternal organization, or similar
noncommercial organization.
10. Contractor or Construction Sign. A sign which states the name of the
developer and contractor(s) working on the site and related engineering,
architectural or financial firms involved with the project.
11. Directional Sign. An on-site sign which is designed and erected solely for the
purposes of directing vehicular and/or pedestrian traffic within a project.
12. Directory Sign. A sign for listing the tenants and their suite numbers of a
multiple tenant structure or center.
13. Double -Faced Sign. A sign constructed to display its message on the outer
surfaces of two identical and/or opposite parallel planes.
14. Flashing Sign. A sign that contains an intermittent or sequential flashing light
source.
15. Future Tenant Identification Sign. A temporary sign that identifies the names
of future businesses that will occupy a site or structure.
16. Garage Sale Sign. A sign with a message advertising the resale of personal
property that has been used by the resident.
17. Grand Opening. A promotional activity not exceeding 30 calendar days used by
newly established businesses, within two months after initial occupancy, to inform
the public of their location and services available to the community. "Grand
Opening" does not mean an annual or occasional promotion of retail sales by a
business.
18. Ground Mounted Sign. A sign fixed in an upright position on the ground not
attached to a structure other than a framework, pole or device, erected primarily
to support the sign. Includes monument signs and pole signs.
19. Holiday Decoration Sign. Temporary seasonal signs, in the nature of
decorations, clearly incidental to and customarily associated with nationally
recognized holidays and which contain no advertising message.
20. Illegal Sign. A sign which includes any of the following:
a. A sign erected without first complying with all regulations in effect at the time
of its construction or use,
b. A sign that was legally erected, but whose use has ceased, the structure
upon which the display is placed has been abandoned by its owner, or the
sign is not being used to identify or advertise an ongoing business for a
period of not less than 90 days;
c. A sign that was legally erected which later became nonconforming as a result
of the adoption of an ordinance, the amortization period for the display
provided by the ordinance rending the display conforming has expired, and
conformance has not been accomplished;
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d. A sign that was legally erected which later became nonconforming and then
was damaged to the extent of 50 percent or more of its current replacement
value;
e. A sign which is a danger to the public or is unsafe;
f. A sign which is a traffic hazard not created by relocation of streets or
highways or by acts of the Town; or
g. A sign that pertains to a specific event, and five days have elapsed since the
occurrence of the event.
21. Indirectly Illuminated Sign. A sign whose light source is external to the sign
and which casts its light onto the sign from some distance.
22. Internally Illuminated Sign. A sign whose light source is located in the interior
of the sign so that the rays go through the face of the sign, or light source which is
attached to the face of the sign and is perceived as a design element of the sign.
23. Marquee (Canopy) Sign. A sign which is attached to or otherwise made a part
of a permanent roof -like structure which projects beyond the building wall in the
form of a large canopy to provide protection from the weather.
24. Monument Sign. An independent, freestanding structure supported on the
ground having a solid base as opposed to being supported by poles or open
braces.
25. Multi -Tenant Sign. An identification sign for a commercial site with multiple
tenants, displaying the names of more than one tenant on the site.
26. Nonconforming Sign. An advertising structure or sign which was lawfully
erected and maintained prior to the adoption of this Development Code, but does
not now completely comply with current regulations.
27. Off -Site Directional Sign. A sign identifying a publicly owned facility, emergency
facility, or a temporary subdivision sign, but excluding real estate signs.
28. Off -Site Sign. A sign identifying a use, facility, service, or product which is not
located, sold, or manufactured on the same premise as the sign or which
identifies a use, service, or product by a brand name which, although sold or
manufactured on the premise, does not constitute the principal item for sale or
manufactured on the premise. Also known as a billboard sign.
29. Permanent Sign. A sign constructed of durable materials and intended to exist
for the duration of time that the use or occupant is located on the premises.
30. Political Sign. A sign designed for the purpose of advertising support of or
opposition to a candidate or proposition for a public election.
31. Pole/Pylon Sign. An elevated freestanding sign, typically supported by one or
two poles or columns.
32. Portable Sign. A sign that is not permanently affixed to a structure or the
ground.
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33. Programmable Electronic Sign. A changeable and illuminated sign made up of
a field of individual electronic elements or mechanical grids that, when
programmed and activated, create still or moving images, words, or numbers.
34. Projecting Sign. A sign other than a wall sign suspending from, or supported by,
a structure and projecting outward.
35. Promotional Sign. A sign erected on a temporary basis to promote the sale of
new products, new management, new hours of operation, a new service, or to
promote a special sale.
36. Real Estate Sign. A sign indicating that a property or any portion thereof is
available for inspection, sale, lease, rent, or directing people to a property, but not
including temporary subdivision signs.
37. Roof Sign. A sign constructed upon or over a roof, or placed so as to extend
above the edge of the roof.
38. Special Event Sign/Banner. A temporary sign or banner that is intended to
inform the public of a unique happening, action, purpose, or occasion (i.e., grand
opening or community event).
39. Temporary Sign. A sign intended to be displayed for a limited period of time and
capable of being viewed from a public right-of-way, parking area or neighboring
property.
40. Under Marquee Sign. A sign suspended from a marquee or canopy.
41. Vehicle Sign. A sign which is attached to or painted on a vehicle which is parked
on or adjacent to any property, the principal purpose of which is to attract
attention to a product sold or business located on the property.
42. Wall Sign. A sign which is attached to or painted on the exterior wall of a
structure with the display surface of the sign approximately parallel to the building
wall.
43. Window Sign. A sign posted, painted, placed, or affixed in or on a window
exposed to public view. An interior sign which faces a window exposed to public
view and is located within three feet of the window.
Sign Area. The entire area within a perimeter defined by a continuous line composed
of right angles using no more than four lines which enclose the extreme limits of
lettering, logo, trademark, or other graphic representation.
Sign Height. The vertical distance from the uppermost point used in measuring the
area of a sign to the average grade immediately below the sign, including its base or
the top of the nearest curb of the street on which the sign fronts, whichever
measurement is the greatest.
Single -Family Dwelling. A building designed for and/or occupied exclusively by one
family. Also includes factory -built, modular housing units, constructed in compliance
with the California Building Code, and mobile homes/manufactured housing on
permanent foundations. May include the rental of rooms within a dwelling also
occupied by the property owner or a primary tenant.
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Site. A parcel or adjoining parcels under single ownership or single control,
considered a unit for the purposes of development or other use.
Site Coverage. The percentage of total site area occupied by structures, and paving
for vehicle use. Structure/building coverage includes the primary structure, all
accessory structures (e.g., carports, garages, patio covers, storage sheds, trash
dumpster enclosures, etc.) and architectural features (e.g., chimneys, balconies, decks
above the first floor, porches, stairs, etc.). Structure/building coverage is measured
from exterior wall to exterior wall. Pavement coverage includes areas necessary for
the ingress, egress, outdoor parking, and circulation of motor vehicles. See Figure 7-4
(Site Coverage).
FIGURE 7-4 SITE COVERAGE
Skilled Nursing Facility. See "Medical Services — Extended Care"
Stealth facility. A communications facility which is designed to blend into the
surrounding environment, typically one that is architecturally integrated into a
structure. Also referred to as concealed antenna.
Storage - Indoor. The storage of various materials entirely within a structure, as the
primary use of the structure. Includes personal storage facilities (mini -storage), which
are structures containing generally small, individual, compartmentalized stalls or
lockers rented as individual storage spaces and characterized by low parking demand.
The storage of materials accessory and incidental to a primary use is not considered a
land use separate from the primary use.
Storage - Outdoor. The storage of various materials outside of a structure other than
fencing, either as an accessory or principal use.
Street. A public thoroughfare accepted by the
access to abutting property, including avenue
highway, road, and any other thoroughfare
Subsection.
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City, which affords principal means of
place, way, drive, lane, boulevard,
except an alley as defined in this
Street Line. The boundary between a street right-of-way and property.
Structure. Anything constructed or erected, the use of which requires attachment to
the ground or attachment to something located on the ground. For the purposes of
this Development Code, the term "structure" includes "buildings."
Structural Alteration. Any change tending to prolong the life of the supporting
members of a building, such as bearing walls, columns, beams, or girders.
Studios for Art, Dance, Music, Photography, etc. Small scale facilities, typically
accommodating one group of students at a time, in no more than one instructional
space. Larger facilities are included under the definition of "Schools - Specialized
education and training." These include facilities for: individual and group instruction
and training in the arts; production rehearsal; photography, and the processing of
photographs produced only by users of the studio facilities; martial arts training
studios; gymnastics instruction, and aerobics and gymnastics studios with no other
fitness facilities or equipment.
Subdivision. The division, by any subdivider, of any unit or portion of land shown on
the latest equalized San Joaquin County assessment roll as a unit or contiguous units,
for the purpose of sale, lease or financing, whether immediate or future. Property shall
be considered as contiguous units, even if it is separated by roads, streets, utility
easement or railroad rights-of-way. Subdivision includes the following, as defined in
Civil Code Section 1315: a condominium project; a community apartment project; or
the conversion of five or more existing dwelling units to a stock cooperative.
Subdivision Map Act, or Map Act. Division 2, Title 7 of the California Government
Code, commencing with Section 66410 as presently constituted, and any amendments
to those provisions.
Supportive Housing. Housing with no limit on length of stay, that is occupied by the
target population, and that is linked to onsite or offsite services that assist the
supporting housing resident in retaining the housing, improving his or her health
status, and maximizing his or her ability to live and , when possible, work in the
community. Supportive Housing is treated the same as a residential use in a
residential zone.
T. Definitions, "T."
Telecommunications Facilities. Public, commercial and private electromagnetic and
photoelectrical transmission, broadcast, repeater and receiving stations for radio,
television, telegraph, telephone, data network, and wireless communications, including
commercial earth stations for satellite -based communications. Includes antennas,
commercial satellite dish antennas, and equipment buildings. Does not include
telephone, telegraph and cable television transmission facilities utilizing hard -wired or
direct cable connections (see "Utility Infrastructure").
Temporary Structure. A structure without any foundation or footings, and which is
removed when the designated time period, activity, or use for which the temporary
structure was erected has ceased.
Temporary Use. A use of land that is designed, operated and occupies a site for a
limited period of time, typically less than 12 months.
Theaters and auditoriums. Indoor facilities for public assembly and group
entertainment, other than sporting events, including:
341
V
W.
civic theaters, and facilities for "live" theater and concerts
exhibition and convention halls
motion picture theaters
public and semi-public auditoriums
similar public assembly uses
Does not include outdoor theaters, concert and similar entertainment facilities, and
indoor and outdoor facilities for sporting events."
Transitional Housing. Building configured as rental housing developments, 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
predermined future point in time, which shall be no less than six months. Transitional
Housing is treated the same as a residential use in a residential zone.
Truck and Freight Terminals. This land use consists of transportation establishments
furnishing services incidental to air, motor freight, and rail transportation including:
fi'cighl forwarding services postal service bulk mailing distribution centers
IFcighl terminal facilities u.msporlation arrangement services
joint terminal and service litcilitics bucking facilities, including (ransfCl enc
packing, crating, inspection and storage
weighing services
These uses do not include office or customer service centers (classified in "Offices")
or equipment and material storage yards.
Utility Infrastructure. Pipelines for water, natural gas, and sewage collection and
disposal; and facilities for the transmission of electrical energy for sale, including
transmission lines for a public utility company. Also includes telephone, telegraph,
cable television and other communications transmission facilities utilizing direct
physical conduits. Does not include offices or service centers (see "Offices"), or
distribution substations (see "Utility Facilities").
Definitions, "V."
Variance. A discretionary entitlement that may waive or relax the development
standards of this Development Code, in compliance with 17.40.050 (Variances).
Vehicle Service. Establishments primarily engaged in the maintenance, service,
diagnosis, repair, or painting of automobiles, motorcycles, scooters, mopeds, light
trucks, vans, trailers, and recreational vehicles subject to the registration with the
California Bureau of Automotive Repair.
Veterinary Clinics, Animal Hospitals, Kennels. Office and indoor medical treatment
facilities used by veterinarians, including large and small animal veterinary clinics, and
animal hospitals. Kennels and boarding operations are commercial facilities for the
keeping, boarding or maintaining of four or more dogs four months of age or older, or
four or more cats, except for dogs or cats in pet shops.
Voluntary. Resulting from free will.
Definitions, "W."
Warehouse Retail. Retail stores that emphasize the packaging and sale of products
in large quantities or volumes, some at discounted prices, where products are typically
342
displayed in their original shipping containers. Sites and buildings are usually large
and industrial in character. Patrons may be required to pay membership fees.
Warehouses, Wholesaling and Distribution. These facilities include:
Warehouses. Facilities for the storage of furniture, household goods, or other
commercial goods of any nature. Includes cold storage. Does not include:
warehouse, storage or mini -storage facilities offered for rent or lease to the
general public (see "Storage - Indoor"); warehouse facilities in which the primary
purpose of storage is for wholesaling and distribution (see "Wholesaling and
Distribution"); or terminal facilities for handling freight (see "Vehicle and Freight
Terminals").
2. Wholesaling and Distribution. Establishments engaged in selling merchandise
to retailers; to industrial, commercial, institutional, farm, or professional business
users; or to other wholesalers; or acting as agents or brokers in buying
merchandise for or selling merchandise to such persons or companies. Includes
such establishments as:
agents, merchandise or commodity brokers, and commission merchants
assemblers, buyers and associations engaged in the cooperative marketing of farm
products
merchant wholesalers
stores primarily selling electrical, plumbing, heating and air conditioning supplies and
equipment.
Wireless communication facility. Any public or private structure that supports
antennae, microwave dishes, and other related equipment that sends and/or receives
radio frequency signals.
X. Definitions, "X." No specialized terms beginning with the letter "X" are used at this
time.
Y. Definitions, "Y."
Yard. An area between a lot line and a setback, unobstructed and unoccupied from
the ground upward, except for projections permitted by this Development Code. See
Section 17.14.060 (Setback Measurement and Exceptions) and Figure 7-2 (Setbacks).
1. Front yard. An area extending across the full width of the lot between the front
lot line and the required setback.
2. Rear yard. An area extending the full width of the lot between a rear lot line and
the required setback.
3. Side yard. An area extending from the front yard to the rear yard between the
nearest side lot line and the required setback.
Z. Definitions, "Z."
Zero Lot Line. The location of a building on a lot in a manner that one or more
building edges rest directly on a lot line.
Zoning Clearance. A ministerial issued by the Department prior to issuance of any
building permit to ensure that the proposed use and/or construction complies with all of
the provisions of this Development Code.
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Zoning District. Any of the residential, commercial, industrial, special purpose, or
overlay districts established by Article 2 of this Development Code (Land Use
Development Standards), within which certain land uses are allowed or prohibited, and
certain site planning and development standards are established (e.g., setbacks,
height limits, site coverage requirements, etc.).
Zoning Ordinance. The Lodi Development Code, Title 17 of the Lodi Municipal Code,
referred to herein as "this Development Code."
SECTION 3. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION 4. No Mandatory Duty of Care. This ordinance is not intended to and shall
not be construed or given effect in a manner which imposes upon the City, or any officer
or employee thereof, a mandatory duty of care toward persons or property within the City
or outside of the City so as to provide a basis of civil liability for damages, except as
otherwise imposed by law.
SECTION 5. Severability. If any provision of this ordinance or the application thereof
to any person or circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application. To this end, the provisions of this ordinance are severable. The
City Council hereby declares that it would have adopted this ordinance irrespective of
the invalidity of any particular portion thereof.
SECTION 6. This ordinance shall be published one time in the "Lodi News -Sentinel," a
daily newspaper of general circulation printed and published in the City of Lodi and shall
be in force and take effect 30 days from and after its passage and approval.
At t:
R
City Clerk
Approved this 20`" day of February, 2013
(361�_
ALAN NAKANISHI
Mayor
344
State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance
No. 1869 was introduced at a regular meeting of the City Council of the City of Lodi held
February 6, 2013, and was thereafter passed, adopted, and ordered to print at a regular
meeting of said Council held February 20, 2013, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Katzakian, Mounce, and
Mayor Nakanishi
NOES; COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Johnson
ABSTAIN: COUNCIL MEMBERS — None
1 further certify that Ordinance No. 1869 was approved and signed by the Mayor
on the date of its passage and the same has been published pursuant to law.
Approved as to Form:
D. STEPHEN SCHWAB R
City Attorney
345
CDI JOHL
City Clerk