HomeMy WebLinkAboutAgenda Report - February 6, 2013 G-01 PHAGENDA ITEM Cl'o "
CITY OF LODI
,. COUNCIL COMMUNICATION
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AGENDA TITLE: Public Hearing to Consider the Certification of the Final Negative
Declaration, Adoption of the Lodi Land Use Development Code, and Draft
Zoning Map
MEETING DATE: February 6, 2013
PREPARED BY: Community Development Department
RECOMMENDED ACTION: Public hearing to consider the certification of the Final
Negative Declaration, adoption of the Lodi Land Use
Development Code, and Draft Zoning Map
BACKGROUND INFORMATION: The City of Lodi adopted the current zoning ordinance in
1956. Since adoption, numerous text amendments have
occurred in response to changing development patterns and
concerns. However, the core elements of the 1956 document have remained intact. When the zoning
ordinance was first adopted, the City was less than its current size and most development applications
consisted of large tracts of land with hundreds of residential units. Today, the City is largely being
developed with the majority of land use applications proposing smaller residential subdivisions or more
modest commercial and industrial development.
On September 7, 2011, the City Council authorized the release of a Request for Proposals (RFP) for
the update and implementation of the Development Code, which is intended to complete a process
that began in 1999. The process was halted twice in the past mostly due to staffing and budgeting
concerns. In December 2011, the City entered into a Professional Services Agreement with Raney
Planning and Management, Inc., of Sacramento to facilitate a comprehensive Development Code
Update. The City has been working with Raney Planning and Management on updating the current
Zoning ordinance.
On July 11, 2012, a Draft Land Use and Development Code was released for public review. The
Planning Commission held three sessions (July 11, August 8, and September 12, 2012) to review the
Draft Land Use and Development Code. The Draft Development Code was distributed to the Planning
Commission in three segments. The first at the July 7th meeting included the introduction, residential
districts and mixed use zoning districts. The August 8th meeting focused on the commercial and
industrial districts. At the August 15th meeting, staff presented landscape ordinance, parking and sign
standards, and standards for specific land uses such as child daycare facilities, recycling facilities,
telecommunication facilities, etc. The entire Development Code document, as described, has been
made available on the City's website with notification being made to both newspaper and the email list
of interested parties.
At the Planning Commission Meeting of October 10, 2012, the Commission reviewed the document
in its entirety, including the draft zoning map and the associated negative declaration prepared. After
the Commission completed its review of the proposed Draft Development Code, Commission adopted
JACommunity Development\Council Communications\2013
nradt Bartlam, City Manager
PH Development Code
Page 2 of 7
a resolution recommending the City Council approve the Draft Development Code, Draft Zoning Map
and Negative Declaration.
ANALYSIS
To facilitate discussion on the Development Code, staff has divided the draft Development Code into
three categories: A) residential and mixed-use zoning districts; B) commercial and industrial districts;
C) landscaping, parking, sign and other specific uses such as childcare centers, home occupation
permits, residential density bonus, etcetera.
A. Residential and Mixed -Use. Zoning Districts
The current zoning ordinance contains four different single-family (low density) residential districts: R-
1 (Single -Family Residential), R-2 (Single -Family Residential), RE -1 (Single -Family Residential,
Eastside) R -LD (Residential Low Density). The zoning designation numbers do not correlate with how
many dwelling units are allowed; instead the numbers simply categorize the various lot sizes within
the same zoning district. Lot sizes are the only differences between these zoning districts; otherwise,
the same height, lot coverage, setback, parking requirements and other zoning restrictions apply to
each zoning district.
The proposed Development Code merges the R-1, R-2, RE -1, and LD -R zoning districts into a single
land use classification: Low Density Residential. Merging the various single family residential districts
into a single classification will now be consistent with the 2010 General Plan, which provides one Low
Density Residential land use designation. This land use designation is intended for residential
development at densities of two to eight units per acre. Similarly, the proposed Development Code
seeks to merge the current RG -A (Residential Garden Apartments) and RM -D (Residential Medium
Density) zoning districts into Medium Density Residential land use designation. There is no discernible
land use difference between the RG -A and RM -D zoning districts. Finally, the RH-D (Residential High
Density) zoning district will remain unchanged. As drafted, the Development Code classifications
simplify the document and eliminate unnecessary duplication of zoning districts. In addition, the three
proposed residential zones (LD -R, MD -R, and HD -R) will now be consistent with the three General
Plan land use designations (LDR, MDR, and HDR) and the General Plan's allowable densities. The
table below summarizes the different proposed changes and relationship t the 2010 General Plan.
R-1: Sinale-Familv Residential
R-2: Single -Family Residential
RE -1: Single -Family Residential
Eastside
R -LD: Residential Low Density
RG -A: Residential Garden
RM -D: Residential Medium
Low Density Residential
Medium Density Residential
Low Density Residential
(2 - 8 DU/AC)
Medium Density Residential
8 — 20 DU/AC
RH-D: Residential High DensityI High Density Residential ( High Density Residential II
15 — 35 DU/AC
Merging of various low density (single family) residences into a single zoning district makes the
Development Code accessible, removes unnecessary redundancy and makes it easier for the public to
use and understand. In addition, the draft Development Code updates the City's policy regarding
second dwelling units (or granny units) consistent with State Law (Government Code Section 65852.2)
governing residential second units. The amendment related to second dwelling unit is that (a) the
maximum floor plan for a second dwelling unit is now be 640 sq. ft. whereas the current zoning
ordinance allows no more than 400 sq. ft.; and (b) the draft Development Code updates procedures
K
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allowing a second dwelling unit by establishing
ministerial action is an objective decision which
subject to public notification, comment, or appeals.
a ministerial review process for second units. A
does not require subjective judgment, and is not
Mixed -Use Districts:
A key initiative of the 2010 General Plan policy is to create mixed-use designations. The purpose of
the Mixed -Use zoning districts is to provide opportunities for well-designed development projects that
combine residential with nonresidential uses, including office, retail, business services, personal
services, public spaces and uses, and other community amenities designated with the mixed-use land
use designations in the 2010 General Plan. The intent of these zones are to accomplish the following
objectives:
• Create a viable, walkable urban environment that encourages pedestrian activity and
reduces dependence on the automobile, through a streetscape that is connected,
attractive, safe and engaging;
• Provide complementary residential, commercial, and other uses within walking distance of
each other;
• Develop an overall design framework to ensure that the quality, appearance and effects of
buildings, improvements and uses are compatible with 2010 General Plan Community
Design and Livability Element;
• Revitalize commercial corridors with mixed-use developments that attract and encourage
market-driven private investment;
• Encourage parking solutions that are incentives for creative planning and sustainable
neighborhood design.
The proposed mixed-use districts are described as follows:
Downtown -Mixed Use (DMU)
As described in the City's 2010 General Plan, Downtown Mixed Use is intended for a variety of
commercial, office, public, and medium- and high-density (15-35 du/ac) residential uses on infill sites
in the vicinity of Lodi's downtown. This classification encompasses an expanded downtown area,
across the railroad tracks' and extending past Main Street. Retail uses or eating and drinking
establishments are required at the ground level. This category intends to maintain the mix, scale and
character of downtown development, while providing opportunities for redevelopment of vacant, and
underutilized sites. The maximum FAR (floor area ratio) for this designation is 3.0, which includes all
residential and non-residential uses combined. "Floor Area Ratio," or FAR, is defined as the gross
floor area permitted on a site divided by the net area of the site, expressed in decimals of one or
two place. For residential categories, densities are expressed in terms of persons per acre as well
as housing units per acre. In non-residential areas, intensity is expressed using FAR. For
example, a FAR of 0.5 means the developer is allowed to build the equivalent of a one-story
building over half of the entire lot, or,a 1 -story over half the lot. A FAR of 1.0 means that the
developer is allowed to build the equivalent of a one-story building over the entire lot, or a 2 -story
over half the lot. A FAR of 2.0 means the developer is allowed to build the equivalent of a two-
story building over the entire lot, or a 4 -story over half the lot.
At the proposed development intensity of 3.0 FAR for the Downtown Mixed Use district, all parking is
expected to be provided offsite; if on-site parking is provided, lower development intensities, as
specified in the Development Code Parking Section, would be allowed.
Mixed Use Corridor (MCO)
The Mixed -Use Corridor classification includes a variety of office and general commercial uses, as well
as low, medium, and high-density residential uses along the city's major corridors: Kettleman and
Cherokee lanes and Lodi Avenue. This category allows for somewhat more intensive development
along these corridors to take advantage of vacant and underutilized sites and provide shopping and
services to residents in highly accessible corridors. The maximum FAR for this designation is 1.2. Most
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of Kettleman Lane presently is zoned R -C -P (residential, commercial and professional). The RCP
zoning district allows a mixture of uses such as residential development up to medium density;
institutions of an educational or philanthropic nature; business and professional offices such as
accountant, architect, attorney, contractor, doctor, dentist, engineer, insurance agent, real estate
agency, finance company, bank, chiropractor, governmental agency and drive-in offices; beauty shops
and barbershops; and rest and convalescent homes. The proposed Mixed Use Corridor provides
development directions, expands uses allowed and creates design guidelines currently absent.
Mixed Use Center (MCE)
This classification identifies new mixed-use neighborhood centers in the new growth areas of the
General Plan. This category provides for a variety of residential, office, neighborhood commercial and
public uses. The Mixed Use Center designation is prescribed by the 2010 General Plan and applies to
areas currently outside of the City limits but within the General Planning area.
B. Commercial and Industrial Districts
Commercial Districts:
The zoning ordinance in effect contains several commercial districts with indiscernible differences.
These commercial districts are C-1 (Neighborhood Commercial), C-2 (General Commercial), R -C -P,
(Residential -Commercial -Professional), C -S (Commercial Shopping) and C -M (Commercial Light
Industrial). The C-1 zoning district permits residential, retail businesses, trade, commercial enterprise
or professional and business office use, undertaken for the purpose of rendering neighborhood
service. The C-2 zoning district allows all uses permitted in the C-1 zoning district and other non-
industrial commercial or business uses. The R -C -P zoning district allows business and professional
offices such as accountant, architect, attorney, contractor, doctor, dentist, engineer, insurance agent,
real estate agency, finance company, bank, chiropractor, governmental agency and drive-in offices.
This district is found along South Fairmont Avenue, and areas around Ham Lane, Pine Street, Vine
Street, and Kettleman Lane. C -S zoning district is effectively used for community/regional shopping
centers. Finally, the C -M district is a transitional district from the commercial districts to industrial
districts. This C -M district is found along Sacramento Street in the Downtown area.
The Development Code proposes to merge the C-1; C-2 and C -M zoning districts into a single zoning
designation to create GC (General Commercial) District. The C -M zoning district is the City's only
transitional district from commercial to industrial. C -M zoning district applies areas abutting
Sacramento Street in the Downtown area. Because the C-1 and C-2 zoning districts abut residential
properties, and the C -M district is similar to the C-2 district, the uses permitted over the years on these
districts are similar in nature. It no longer makes planning sense to maintain separate zoning districts
with near identical requirements and zoning regulations.
The R -C -P zoning district is found along Kettleman Lane, Fairmont Avenue and Orange Avenue. This
is the area where medical, dental, and other health-care oriented services are located. The
Development Code proposes to re -designate the area as an Office use, which would permit medical
and general offices. Finally, the proposed CC district applies to the local and regional shopping
centers. The Development Code proposes to re -designate the area with the same requirements in
effect. The final product is a more user friendly document.
Industrial Districts:
Industrial uses vary from commercial uses in that industrial uses typically have increased noise, odor,
dust, smoke, truck traffic, and other items that may be objectionable to adjacent uses. Additionally
these uses tend to require less parking and have different hours of operation than commercial uses as
they are focused on manufacturing products rather than selling to customers. There are two main
purposes of the Industrial Zone: to provide an area of town where industrial uses can be clustered and
to buffer these uses from residential and commercial uses so there are no negative affects from the
industrial operations.
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The Industrial Zones in the City can be found east of State Highway 99 and along the UPRR line (Main
Street). Lodi Municipal Code in effect features two classifications: M-1 (Light Industrial) and M-2 (Heavy
Industrial). M-1 zoning district permits light industrial/manufacturing uses such as food processing,
packaging and storage; bottling plants; manufacturing and assembling of jewelry, watches, clocks,
precision instruments, appliances; and other similar manufacturing uses. The M-2 zoning district
permits all uses permitted in the commercial and M-1 zoning districts. Because of that fact the Code in
effect allows uses permitted in the Light Industrial districts in the M-2 zoning district, all types of uses
can be found across both zoning districts, including more commercial type uses in this Industrial Zone.
For this reason, the 2010 General Plan and the Development Code merged the two industrial zoning
districts into a single zoning district as illustrated below.
M-1 (Light Industrial) M (Industrial) District. Industrial
M-2 (Heavy Industrial) (.6 FAR)
BP (Business Park) BP (Business Park) District. Business Park
(1.OFAR)
The proposed Development Code creates BP (Business Park) Zoning District. This is consistent with.
the 2010 General Plan and applies to new growth areas of the General Plan. The General Plan
identifies the new growth areas appropriate for planned, visually attractive centers for business that do
not generate nuisances (noise, clutter, noxious emissions, etc.). This zone accommodates campus -
like environments for corporate headquarters, research and development facilities, offices, light
manufacturing and assembly, industrial processing, general service, incubator -research facilities and
other similar uses that generate high employment possibilities.
C. Landscape, off-street parking, sign, and other specific land uses items
Landscape:
The current Municipal Code contains landscape requirements that are in conflict with State
requirements. The California Water Conservation in Landscaping Act of 2006 (AB 1881) requires each
city to adopt a Model Water Efficient Landscape Ordinance developed by the California Department of
Water Resources (DWR) or the city's own local water efficient landscape ordinance that achieves the
same goals or better. The City of Lodi enforces the State's landscape ordinance. The requirements for
landscape plans include a landscape documentation package which consists of project information, a
water efficient landscape worksheet, a soil management report, a landscape design plan, an irrigation
design plan and a grading design plan, as part of the Design Review application. Prior to issuance of a
Certificate of Occupancy, a certificate of completion and scheduling of irrigation and maintenance
would be required. The worksheet includes calculation of a Maximum Applied Water Allowance and
Estimated Total Water Use.
In addition to State requirements, staff has added language to address landscape requirements for all
residential zoning districts. The existing zoning ordinance is silent whether or not residential front and
street side yards should be landscaped and maintained. Instead, the existing ordinance stipulates that
"no person shall install or place asphalt, concrete or other similar material upon more than forty-five
percent of any front or street side yard setback." This has lead to un -maintained and dirt front and
street side yards.
Parking:
A key initiative of the Development Code as it relates to parking standards is to modernize the City's
parking requirements. The existing zoning code is restrictive where it needs not be and broad where it
needs to be specific. For example, Industrial/warehouse/manufacturing uses are required to provide
one space for each 750 square feet of building, or two parking spaces for every three employees in the
largest shift, whichever is greater. More often than not, parking provided exceeds demand or need. To
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PH Development Code
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address these types of issues, the Development Code revises some requirements, provides specific
details where needed, and adds new standards where appropriate.
Sign:
The Development Code does not propose major changes to the existing sign area requirements. In its
current form, the Sign Ordinance has been working well for the City and business community.
However, it needs significant update to address the following issues:
Master sign program for large shopping centers: The existing Sign Ordinance does not speak to
sign programs. In the past, the City has approved sign programs though the SPARC and Planning
Commission review process. The proposed Development Code provides clear language and direction
for sign programs. For example, a new nonresidential project with four or more tenants, or a major
rehabilitation work on an existing nonresidential project with four or more tenants that involves exterior
remodeling, would require a sign program.
Programmable electric signs: Electronic reader boards are currently allowed by the Zoning
Ordinance via a Use Permit process under Section 17.63.080, which reads "Flashing, moving or
animated signs are subject to the issuance of a use permit, and no such permit shall be issued if the
sign will tend to cause a traffic hazard." Within this section, the City has allowed electronic signs on
commercial properties. Staff continuously receives inquiries for electronic signs from churches, health-
care related institutions and alike. Staff proposes minimum standards to safeguard life, health,
property and public welfare, and to preserve the unique character of the town by regulating the size,
height, design, quality of materials, construction, location, lighting and maintenance of electronic signs.
Definition of allowable and prohibited signs: The existing Sign Ordinance does not provide
definitions of allowed and prohibited signs. The proposed Development Code identifies 13 different
sign types that have been determined to be inconsistent with the purposes and standards of the Sign
Chapter.
Maintenance requirements: The proposed Development Code contains language within the sign
ordinance (Section 17.36.100) for nonconforming or abandoned signs in an effort to create a clearer
framework. This section emphasizes the importance of achieving the eventual elimination of
nonconforming signs within the City. The previous development standards provided a conformance
deadline but provided a number of different ways to maintain a sign's nonconforming status. The
proposed Development Code clarifies the allowed continued uses of nonconforming signs and to
minimize the occasions whereby they remain over the long-term.
Standards for Specific Land Uses:
This section provides site planning and development standards for various land uses that are allowed
in individual or multiple zoning districts, and for activities that require special standards to mitigate
potential impacts. The regulations contained involve:
Child Day Care Facilities
Residential Density Bonus
Outdoor Storage
Recycling Facilities
Telecommunications Facilities
Home Occupations
Recycling Facilities
Recreational Vehicle Parks
Mobile Home Parks
Recreational Vehicle Parks
A new addition this Draft Development Code is the introduction of a residential density bonus program.
Density bonus means a density increase over the otherwise maximum allowable residential
density in order to create affordable housing. State law (Government Code 6591 5) requires every
city and county in California to offer density bonuses to senior housing projects and developments
meeting certain affordability criteria. The State has established a "sliding scale" which awards density
bonuses based on the percentage of units in a proposed development that are affordable, and the
income group served. For example, a new apartment building in which 10 percent of the units are "set
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PH Development Code
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aside" for low income households (e.g., rented at rates deemed affordable to low income households)
would be eligible for a 20 percent density bonus. If that same project set aside 20 percent of the units
for low income households, the density bonus would increase to 35 percent. Under State law, cities
must offer density bonuses up to at least 35 percent.
In addition, the State Density Bonus law also requires that other incentives be offered in tandem with
the added density. For example, projects may be eligible for reduced setbacks, added height,
expedited permitting, and similar concessions which make the project more feasible. The number of
incentives depends on the depth of affordability and the number of affordable units to be built. State
law also includes provisions for density bonuses if a housing development includes an onsite child
care facility.
The City does not currently have an inclusionary housing requirement or housing density bonus
program. The proposed Residential Density Bonus program responds to a State mandate to allow
more density than would ordinarily be allowable for certain types of housing (e.g., senior housing and
affordable housing). It includes requirements for Affordable Housing Agreements which specify the
terms of occupancy, limits on resale (for for -sale units), the number of years during which the unit must
remain affordable, and the eligibility requirements. The purpose of adopting such a program is twofold:
first, the City hopes to encourage affordable housing by providing the incentive of increased density
and such other incentives and, second, to comply with state requirements for allowing incentives for
creating affordable and senior housing projects.
The other part of this section of the Code relates to large residential and day care facilities, which are
largely governed by State laws with limited local control. The State has found that it has the
responsibility to ensure the health and safety of children in family homes that provide daycare. It has
also found that there is a shortage of regulated family day care homes in California and, with the
increase in working parents, a growing need for such facilities. Local jurisdictions are required by State
law (Health and Safety Code Section 1597.46) to grant use permits for large family day care homes "if
the large family childcare home complies with local ordinances, if any, prescribing reasonable
standards, restrictions, and requirements." The Development Code establishes local control via Use
Permit to ensure site suitability and distance from other similar establishments. The remaining topics
raised within this Chapter mirror the existing Municipal Code.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
Konradt Bartlam
Community Development Director
KB/IB
Attachment:
1. Draft Zoning Map
2. Draft Development Code
3. Draft Negative Declaration
4. Planning Commission Staff Report
5. Planning Commission Resolution 12-22
6. Planning Commission minutes of October 10, 2012
7. Draft Resolution
8. Draft Ordinance
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City of Lodi
Development Code
September 2012
City of Lodi
Community Development Department
221 West Pine Street
Lodi, California 95241
CITY OF LODI
Contents
LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
DEVELOPMENT CODE
Contents
Article 1 - Purpose and Applicability of Development Code
Chapter 17.01- Enactment and Applicability of Development Code..............................................1-3
17.01.010 - Purpose of the Development Code........................................................................... 1-3
17.01.020 - Authority................................................................................................................... 1-3
17.01.030 - Applicability of Development Code......................................................................... 1-4
17.01.040 - Responsibility for Administration............................................................................ 1-5
Chapter 17.02 - Interpretation of Code Provisions .....
1-7
17.02.010 - Purpose of Chapter................................................................................................... 1-7
17.02.020 - Rules of Interpretation.............................................................................................. 1-7
17.02.030 - Procedures for Interpretations................................................................................... 1-9
Article 2 —Land Use and Development Standards
Chapter 17.10 - Zoning Districts and Map.......
........... 2-3
17.10.010 - Purpose of Chapter................................................................................................... 2-3
17.10.020 - Zoning Districts Established..................................................................................... 2-3
17.10.030 - Zoning Map Adopted................................................................................................ 2-3
17.10.040 - Zoning District Boundaries...................................................................................... 2-3
Chapter 17.12 - Development and Land Use Approval Requirements ........................................... 2-5
17.12.010 - Purpose of Chapter................................................................................................... 2-5
17.12.020 - General Requirements for Development and New Land Uses ................................. 2-5
17.12.030 - Allowable Land Uses and Permit Requirements...................................................... 2-6
17.12.040 - Exemptions from Land Use Permit Requirements................................................... 2-6
17.12.050 - Requirements for Sites Divided by Zoning Boundary .............................................. 2-7
17.12.060 - Temporary Uses........................................................................................................ 2-7
17.12.070 - Additional Permits and Approvals May be Required ............................................... 2-7
Chapter 17.14 - General Property Development and Use Standards .............................................. 2-5
17.14.010 - Purpose of Chapter................................................................................................... 2-5
17.14.020 - Applicability............................................................................................................. 2-5
17.14.030 - Development Across Property Lines........................................................................ 2-6
17.14.040 - General Performance Standards............................................................................... 2-6
17.14.050 - Height Limits and Exceptions.................................................................................. 2-7
17.14.060 - Setback Measurement and Exceptions..................................................................... 2-7
17.14.070 - Lighting.................................................................................................................... 2-7
Table of Contents Administrative Draft - 8/12
LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Contents
17.14.080 - Screening.................................................................................................................. 2-7
17.14.090 - Solid Waste Collection and Storage Areas............................................................... 2-7
17.14. 100 - Walls, Fences and Hedges........................................................................................ 2-7
Chapter 17.16 - Applicability and General Design Standards......................................................... 2-5
17.16.010 - Purpose of Design Guidelines.................................................................................. 2-5
17.16.020 - Applicability............................................................................................................. 2-5
17.16.030 - General Design Guidelines....................................................................................... 2-6
Chapter 17.18 - Residential Zoning Districts..................................................................................... 2-9
17.18.010 - Purpose of Chapter................................................................................................... 2-9
17.18.020 - Purposes of Residential Zoning Districts................................................................. 2-9
17.18.030 - Residential Zoning District Land Uses and Permit Requirements ........................... 2-9
17.18.040 - Residential Zoning District General Development Standards ................................ 2-10
17.18.050 - Residential Design Guidelines................................................................................ 2-14
Chapter 17.20 - Commercial Zoning Districts................................................................................. 2-15
17.20.010 - Purpose of Chapter................................................................................................. 2-15
17.20.020 - Purposes of Commercial Zoning Districts.............................................................. 2-15
17.20.030 - Commercial Zoning District Land Uses and Permit Requirements ........................ 2-16
17.20.040 - Commercial District General Development Standards ........................................... 2-22
17.20.050 - Commercial Design Guidelines.............................................................................. 2-24
Chapter 17.22 - Mixed Use Zoning Districts ............................
2-15
17.20.010 - Purpose of Chapter................................................................................................. 2-15
17.20.020 - Purposes of Mixed Use Zoning Districts................................................................ 2-15
17.20.030 - Mixed Use Zoning Districts Land Uses and Permit Requirements ........................ 2-16
17.20.040 - Mixed Use Districts General Development Standards ........................................... 2-22
17.20.050 - Downtown Mixed Use Design Guidelines............................................................. 2-24
17.20.060 - Mixed Use Center Design Guidelines.................................................................... 2-24
17.20.070 - Downtown Mixed Use Corridor Design Guidelines .............................................. 2-24
Chapter 17.24 - Industrial Zoning Districts..................................................................................... 2-25
17.24.010 - Purpose of Chapter................................................................................................. 2-25
17.24.020 - Purposes of Industrial Zoning Districts.................................................................. 2-25
17.24.030 - Industrial Zoning District Land Uses and Permit Requirements ............................ 2-25
17.24.040 - Industrial Zoning District General Development Standards ................................... 2-31
17.24.050 - Industrial Design Guidelines.................................................................................. 2-24
Chapter 17.26 - Special Purpose Zoning Districts........................................................................... 2-33
17.26.010 - Purpose of Chapter................................................................................................. 2-33
17.26.020 - Purposes of Special Purpose Zoning Districts........................................................ 2-33
17.26.030 - Special Purpose District Land Uses and Permit Requirements .............................. 2-33
17.26.040 - Public and Community Facilities District Development Standards ....................... 2-35
Table of Contents Administrative Draft - 8/12
LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Contents
Chapter 17.28 - Overlay Zoning Districts ................................
2-37
17.28.010 - Purpose of Chapter................................................................................................. 2-37
17.28.020 - Applicability of Overlay Zoning Districts.............................................................. 2-37
17.28.030 - Flood Hazard (-F) Overlay Zoning District............................................................ 2-38
17.28.040 - Planned Development (-PD) Overlay Zoning District ........................................... 2-41
Article 3 - Site Planning and General Development Standards
Chapter17.30 - Landscaping............................................................................................................. 3-15
17.30.010 - Purpose of Chapter................................................................................................. 3-15
17.30.020 - Applicability........................................................................................................... 3-15
17.30.030 - Landscape Plan Approval Required....................................................................... 3-15
17.30.040 - Landscape Location Requirements......................................................................... 3-16
17.30.050 - Residential Front and Street Side Yard Landscape Requirements ......................... 3-18
17.30.060 - Maintenance of Landscape Areas........................................................................... 3-20
17.30.070 - Water Efficient Landscape Requriements.............................................................. 3-20
Chapter 17.32 - Parking and Loading
3-21
17.32.010 - Purpose of Chapter.................................................................................................
3-21
17.32.020 - Applicability...........................................................................................................
3-21
17.32.030 - General Parking Regulations..................................................................................
3-21
17.32.040 - Number of Parking Spaces Required......................................................................
3-22
17.32.050 - Adjustments to Parking Requirements...................................................................
3-28
17.32.060 - Disabled/Handicapped Parking Requirements.......................................................
3-28
17.32.070 - Parking Design Standards.......................................................................................
3-28
17.32.080 - Driveways and Site Access.....................................................................................
3-32
17.32.090 - Bicycle Parking.......................................................................................................
3-34
17.32. 100 - Loading Space Standards........................................................................................
3-35
17.32.110 - Parking and Circulation Design Guidelines...........................................................
3-35
Chapter 17.34 - Signs .....................................
3-37
17.34.010 - Purpose of Chapter.................................................................................................
3-37
17.34.020 - Applicability...........................................................................................................
3-38
17.34.030 - Sign Permit Requirements......................................................................................
3-38
17.34.040 - Prohibited Signs......................................................................................................
3-39
17.34.050 - General Requirements for All Signs.......................................................................
3-40
17.34.060 - Zoning District Sign Standards...............................................................................
3-43
17.34.070 - Standards for Specific Types of Signs....................................................................
3-50
17.34.080 - Exceptions to Sign Area Standards........................................................................
3-54
17.34.090 - Sign Maintenance...................................................................................................
3-54
17.34. 100 - Nonconforming Signs.............................................................................................
3-55
17.34.110 - Violations and Abatement......................................................................................
3-56
17.34.120 - Judicial Review.......................................................................................................
3-57
17.34.130 - Sign Design Guidelines..........................................................................................
3-57
Chapter 17.36 - Standards for Specific Land Uses.......................................................................... 3-59
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Contents
17.36.010 - Purpose of Chapter.................................................................................................
3-59
17.36.020 - Applicability...........................................................................................................
3-59
17.36.030 - Child Day Care Facilities.......................................................................................
3-59
17.36.040 - Residential Care Facilities and Senior Apartments ................................................
3-60
17.36.050 - Residential Density Bonus......................................................................................
3-24
17.36.060 - Home Occupations.................................................................................................
3-63
17.36.070 - Mobile Home Parks................................................................................................
3-68
17.36.080 - Outdoor Display and Retail Activities....................................................................
3-69
17.36.090 - Outdoor Storage......................................................................................................
3-71
17.36.100 - Recreational Vehicle Parks.....................................................................................
3-71
17.36.110 - Recycling Facilities................................................................................................
3-73
17.36.120 - Residential Accessory Uses and Structures............................................................
3-76
17.36.130 - Second Dwelling Units...........................................................................................
3-77
17.36.140 - Telecommunications Facilities...............................................................................
3-78
Article 4 -Land Use and Development Permit Procedures
Chapter 17.38 - Application Filing and Processing.
4-3
17.38.010 - Purpose of Chapter................................................................................................... 4-3
17.38.020 - Authority for Land Use and Zoning Decisions......................................................... 4-3
17.38.030 - Concurrent Permit Processing.................................................................................. 4-3
17.38.040 - Application Preparation and Filing........................................................................... 4-5
17.38.050 - Application Fees....................................................................................................... 4-6
17.38.060 - Initial Application Review........................................................................................ 4-6
17.38.070 - Environmental Assessment....................................................................................... 4-8
17.38.080 - Staff Report and Recommendations......................................................................... 4-8
Chapter 17.40 - Permit Approval or Disapproval............................................................................. 4-9
17.40.010 - Purpose of Chapter................................................................................................... 4-9
17.40.020 - Site Plan and Architectural Approval.....................................................................
4-13
17.40.030 - Temporary Use Permits..........................................................................................
4-17
17.40.040 - Use Permits and Minor Use Permits.......................................................................
4-21
17.40.050 - Variances and Administrative Deviations..............................................................
4-23
17.40.060 - Planned Development Permits................................................................................
4-27
17.40.070 - Certificates of Occupancy......................................................................................
4-30
Chapter 17.42 - Permit Implementation, Time Limits, and Extensions ....................................... 4-35
17.42.010 - Purpose of Chapter.................................................................................................
4-35
17.42.020 - Effective Dates.......................................................................................................
4-35
17.42.030 - Performance Guarantees.........................................................................................
4-35
17.42.040 - Time Limits and Extensions...................................................................................
4-36
17.42.050 - Changes to an Approved Project............................................................................
4-37
17.42.060 - Permits to Run with the Land.................................................................................
4-38
17.42.070 - Resubmittals...........................................................................................................
4-38
17.42.080 - Covenants of Easements.........................................................................................
4-39
Chapter 17.44 — Development Agreements ..............................
4-35
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Contents
17.44.010 - Purpose of Chapter................................................................................................. 4-35
17.44.020 - Applicability........................................................................................................... 4-35
17.44.030 - Hearing Notice........................................................................................................ 4-35
17.44.040 - Review by Planning Commission........................................................................... 4-36
17.44.050 - Council Hearing...................................................................................................... 4-37
17.44.060 - Amendment or Cancelation.................................................................................... 4-38
17.44.070 - Recordation of Agreement, Amendment or Cancelation........................................ 4-38
17.44.080 - Periodic Review...................................................................................................... 4-39
Article 5 - Subdivisions
Chapter 17.46 - Applicability and Administration of Subdivision Regulations ............................. 5-5
17.46.010 - Purpose of Article..................................................................................................... 5-5
17.46.020 - Authority................................................................................................................... 5-5
17.46.030 - Applicability............................................................................................................. 5-5
17.46.040 - Responsibility for Administration............................................................................ 5-5
17.46.050 - Advisory Agency...................................................................................................... 5-6
17.46.060 - Authority for Subdivision Decisions........................................................................ 5-7
Chapter 17.48- Subdivision Map Approval Requirements............................................................... 5-9
17.48.010 - Purpose of Chapter................................................................................................... 5-9
17.48.020 - Type of Subdivision Approval Required.................................................................. 5-9
17.48.030 - Applications Deemed Approved............................................................................... 5-9
17.48.040 - Exceptions to Subdivision Standards..................................................................... 5-10
Chapter 17.50 - Subdivision Design and Improvement Requirements .......................................... 5-11
17.50.010 - Purpose of Chapter.................................................................................................
5-11
17.50.020 - Applicability of Design and Improvement Standards .............................................
5-11
17.50.030 - Access, Circulation, Streets....................................................................................
5-12
17.50.040 - Energy Conservation..............................................................................................
5-14
17.50.050 - Grading...................................................................................................................
5-15
17.50.060 - Erosion and Sediment Control................................................................................
5-15
17.50.070 - Landscaping............................................................................................................
5-15
17.50.080 - Monuments.............................................................................................................
5-16
17.50.090 - Parcel and Block Design.........................................................................................
5-16
17.50. 100 - Public Utilities and Utility Easements....................................................................
5-17
17.50.110 - Residential Density.................................................................................................
5-18
17.50.120 - Public Water System...............................................................................................
5-14
17.50.130 - Wastewater.............................................................................................................
5-18
17.50.140 - Storm Drains...........................................................................................................
5-18
17.50.150 - Street Lighting........................................................................................................
5-18
Chapter 17.52 - Tentative Map Filing and Processing.................................................................... 5-19
17.52.010 - Purpose of Chapter................................................................................................. 5-19
17.52.020 - Tentative Map Preparation, Application Contents ................................................. 5-19
17.52.030 - Tentative Map Filing, Initial Processing................................................................ 5-19
17.52.040 - Evaluation of Application....................................................................................... 5-20
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Contents
17.52.050 - Review and Decision.............................................................................................. 5-20
17.52.060 - Tentative Map Public Hearings.............................................................................. 5-21
17.52.070 - Tentative Map Approval or Disapproval................................................................ 5-21
17.52.080 - Conditions of Approval.......................................................................................... 5-23
17.52.090 - Effective Date of Tentative Map Approval............................................................ 5-23
17.52. 100 - Changes to Approved Tentative Map or Conditions .............................................. 5-24
17.52.110 - Completion of Subdivision Process........................................................................ 5-25
17.52.120 - Vesting Tentative Maps.......................................................................................... 5-25
17.52.130 - Tentative Map Time Limits, Expiration, and Time Extensions ............................. 5-26
Chapter 17.54 - Parcel Maps and Final Maps................................................................................. 5-28
17.54.010 - Purpose of Chapter.................................................................................................
5-28
17.54.020 - Parcel Maps............................................................................................................
5-28
17.54.030 - Waiver of Parcel Map.............................................................................................
5-28
17.54.040 - Parcel Map Form and Content................................................................................
5-28
17.54.050 - Filing and Processing of Parcel Maps....................................................................
5-29
17.54.060 - Parcel Map Approval..............................................................................................
5-29
17.54.070 - Final Maps..............................................................................................................
5-29
17.54.080 - Final Map Form and Content..................................................................................
5-29
17.54.090 - Filing and Processing of Final Maps......................................................................
5-29
17.54. 100 - Final Map Approval................................................................................................
5-30
17.54.110 - Supplemental Information Sheets...........................................................................
5-31
17.54.120 - Amendments to Recorded Maps.............................................................................
5-32
Chapter 17.56 - Additional Subdivision Procedures .......
5-33
17.56.010 - Purpose of Chapter................................................................................................. 5-33
17.56.020 - Lot Line Adjustments............................................................................................. 5-33
17.56.030 - Parcel Mergers........................................................................................................ 5-34
17.56.040 - Certificates of Compliance..................................................................................... 5-35
Chapter 17.58 - Dedications and Exactions...................................................................................... 5-39
17.58.010 - Purpose of Chapter................................................................................................. 5-39
17.58.020 - Applicability........................................................................................................... 5-39
17.58.030 - Findings Required for Dedications and Exactions ................................................. 5-39
17.58.040 - School Site Dedications.......................................................................................... 5-39
17.58.050 - Reservations of Land for Public Facilities.............................................................. 5-40
17.58.060 - Right -of -Way Dedications...................................................................................... 5-41
Chapter 17.60- Improvement Plans and Agreements..................................................................... 5-43
17.60.010 - Purpose of Chapter................................................................................................. 5-43
17.60.020 - Improvement Plans................................................................................................. 5-43
17.60.030 - Installation of Improvements.................................................................................. 5-44
17.60.040 - Improvement Agreements and Security................................................................. 5-44
17.60.050 - Soils Reports........................................................................................................... 5-45
Chapter 17.62 - Reimbursements for Construction........................................................................ 5-47
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Contents
17.62.010 - Findings and Purpose.............................................................................................. 5-47
17.62.020 - Improvements to be Reimbursed............................................................................ 5-47
17.62.030 - City Eligibility........................................................................................................ 5-48
17.62.040 - Application for Reimbursement............................................................................. 5-48
17.62.050 - Reimbursement Agreement.................................................................................... 5-48
17.62.060 - Collection of Reimbursements............................................................................... 5-49
17.62.070 - Payment of Reimbursements.................................................................................. 5-49
Chapter 17.64 - Surveys and Monuments........................................................................................ 5-51
17.64.010 - Purpose of Chapter................................................................................................. 5-51
17.64.020 - Survey Procedure and Practice............................................................................... 5-51
17.64.030 - Monuments............................................................................................................. 5-52
17.64.040 - Survey Information on Final or Parcel Map........................................................... 5-53
Article 6 —Development Code Administration
Chapter 17.66 - Administrative Responsibility.................................................................................. 6-3
17.66.010 - Purpose of Chapter................................................................................................... 6-3
17.66.020 - Planning Agency Defined......................................................................................... 6-3
17.66.030 - City Council.............................................................................................................. 6-3
17.66.040 - Planning Commission............................................................................................... 6-3
17.66.050 - Site Plan and Architectural Approval Committee (SPARC) .................................... 6-4
17.66.060 - Community Development Director.......................................................................... 6-4
Chapter 17.68 - Nonconforming Uses, Structures, and Parcels....................................................... 6-5
17.68.010 - Purpose of Chapter................................................................................................... 6-5
17.68.020 - Restrictions on Nonconforming Uses and Structures ............................................... 6-5
17.68.030 - Nonconforming Signs............................................................................................... 6-9
17.68.040 - Single -and Multi -Family Dwelling Units Exempt .................................................... 6-9
17.68.050 - Public Structures and Utilities Exempt..................................................................... 6-9
17.68.060 - Nonconforming Parcels............................................................................................ 6-9
17.68.070 - Conformity of Uses Requiring Use Permits........................................................... 6-10
17.68.080 - Unlawful Uses and Structures................................................................................ 6-10
17.68.090 - Nuisance Abatement............................................................................................... 6-11
Chapter17.70 - Appeals..................................................................................................................... 6-13
17.70.010 - Purpose of Chapter................................................................................................. 6-13
17.70.020 - Commission's Review............................................................................................ 6-13
17.70.030 - Council's Review................................................................................................... 6-13
17.70.040 - Eligibility................................................................................................................ 6-14
17.70.050 - Appeal Subjects and Jurisdiction............................................................................ 6-14
17.70.060 - Appeal Filing, Processing, Review and Action ...................................................... 6-15
Chapter17.72 - Amendments............................................................................................................ 6-17
17.72.010 - Purpose of Chapter................................................................................................. 6-17
17.72.020 - Applicability........................................................................................................... 6-17
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Contents
17.72.030 - Initiation of Amendments....................................................................................... 6-17
17.72.040 - Hearings and Notice............................................................................................... 6-18
17.72.050 - Commission's Action on Amendments.................................................................. 6-18
17.72.060 - Council's Action on Amendments.......................................................................... 6-18
17.72.070 - Findings and Decision............................................................................................ 6-19
17.72.080 - Effective Date......................................................................................................... 6-20
17.72.090 - Prezoning................................................................................................................ 6-20
Chapter 17.74 - Public Hearings....................................................................................................... 6-21
17.74.010 - Purpose of Chapter................................................................................................. 6-21
17.74.020 - Notice of Hearing................................................................................................... 6-21
17.74.030 - Scheduling of Hearing............................................................................................ 6-22
17.74.040 - Review Authority Decision and Notice.................................................................. 6-22
17.74.050 - Recommendation by Commission.......................................................................... 6-23
17.74.060 - Effective Date of Decision..................................................................................... 6-23
17.74.070 - Hearing Procedures................................................................................................. 6-23
Chapter17.76 - Enforcement............................................................................................................ 6-25
17.76.010 - Purpose of Chapter.................................................................................................
6-25
17.76.020 - Permits and Licenses..............................................................................................
6-25
17.76.030 - Official Duty to Enforce.........................................................................................
6-25
17.76.040 - Violations...............................................................................................................
6-26
17.76.050 - Remedies are Cumulative.......................................................................................
6-26
17.76.060 - Inspection...............................................................................................................
6-27
17.76.070 - Permit Revocation or Modification........................................................................
6-27
17.76.080 - Initial Enforcement Action.....................................................................................
6-29
17.76.090 - Legal Remedies......................................................................................................
6-30
17.76. 100 - Recovery of Costs...................................................................................................
6-31
17.76.110 - Additional Permit Processing Fees.........................................................................
6-32
17.76.120 - Reinspection Fees...................................................................................................
6-32
Article 7 - Definitions
Chapter17.78 - Definitions.................................................................................................................. 7-3
17.78.010 - Purpose of Article..................................................................................................... 7-3
17.78.020 - Definitions of Specialized Terms and Phrases......................................................... 7-3
Table of Contents Administrative Draft - 8/12
Contents
LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
ARTICLE 1
Purpose and Applicability of
Development Code
Chapter 17.01- Enactment and Applicability of Development Code .............................................. 1-3
17.01.010 - Purpose of the Development Code............................................................................. 1-3
17.01.020 - Authority.................................................................................................................... 1-3
17.01.030 - Applicability of Development Code.......................................................................... 1-4
17.01.040 - Responsibility for Administration.............................................................................. 1-5
Chapter 17.02 - Interpretation of Code Provisions........................................................................... 1-7
17.02.010 - Purpose of Chapter..................................................................................................... 1-7
17.02.020 - Rules of Interpretation................................................................................................ 1-7
17.02.030 - Procedures for Interpretations.................................................................................... 1-9
Article 1— Purpose and Applicability Administrative Draft - 9/12
1-1
LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Enactment and Applicability
CHAPTER 17.01 - ENACTMENT AND APPLICABILITY OF
DEVELOPMENT CODE
Sections:
17.0 1.010 - 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 et 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.
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).
Article 1— Purpose and Applicability Administrative Draft - 9/12
1-2
LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Enactment and Applicability
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).
I. 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, and the Community
Development Department in compliance with Chapter 17.66 (Administrative Responsibility).
Article 1— Purpose and Applicability Administrative Draft - 9/12
1-3
LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Interpretation
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.
1. 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."
2. 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.
Article 1— Purpose and Applicability Administrative Draft - 9/12
1-4
LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Interpretation
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 C.1
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.
1. 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 parry 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.
Article 1— Purpose and Applicability Administrative Draft - 9/12
1-5
LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Interpretation
B. Appeals. Any interpretation of this Code by the Director or Commission may be appealed in
compliance with Chapter 17.70 (Appeals).
Article 1— Purpose and Applicability Administrative Draft - 9/12
1-6
Contents
LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
ARTICLE 2
Zoning Districts — Land Use and Development
Standards
Chapter 17.10 - Zoning Districts and Map.......................................................................................... 2-
17.10.010 - Purpose of Chapter....................................................................................................... 2-
17.10.020 - Zoning Districts Established........................................................................................ 2-
17.10.030 - Zoning Map Adopted................................................................................................... 2-
17.10.040 - Zoning District Boundaries.......................................................................................... 2 -
Chapter 17.12 - Development and Land Use Approval Requirements ............................................. 2-
17.12.010 - Purpose of Chapter.......................................................................................................
2-
17.12.020 - General Requirements for Development and New Land Uses .....................................
2-
17.12.030 - Allowable Land Uses and Permit Requirements..........................................................
2-
17.12.040 - Exemptions from Land Use Permit Requirements.......................................................
2-
17.12.050 - Requirements for Sites Divided by Zoning Boundary .................................................
2-
17.12.060 - Temporary Uses...........................................................................................................
2-
17.12.070 - Additional Permits and Approvals May be Required ..................................................
2 -
Chapter 17.14 - General Property Development and Use Standards ................................................ 2-
17.14.010 - Purpose of Chapter....................................................................................................... 2-
17.14.020 - Applicability................................................................................................................. 2-
17.14.030 - Development Across Property Lines............................................................................ 2-
17.14.040 - General Performance Standards................................................................................... 2-
17.14.050 - Height Limits and Exceptions...................................................................................... 2-
17.14.060 - Setback Measurements and Exceptions....................................................................... 2-
17.14.070 - Lighting........................................................................................................................ 2-
17.14.080 - Screening...................................................................................................................... 2-
17.14.090 - Solid Waste Collection and Storage Areas.................................................................. 2-
17.14.100 - Walls, Fences & Hedges.............................................................................................. 2 -
Chapter 17.16 - General Design Guidelines and Applicability.......................................................... 2-
17.16.010 - Purpose of Design Guidelines...................................................................................... 2-
17.16.020 - Applicability................................................................................................................. 2-
17.16.030 - General Design Guidelines........................................................................................... 2 -
Chapter 17.18- Residential Zoning Districts........................................................................................ 2-
17.18.010 - Purpose of Chapter....................................................................................................... 2-
17.18.020 - Purposes of Residential Zoning Districts..................................................................... 2-
17.18.030 - Residential Zoning District Land Uses and Permit Requirements ............................... 2-
17.18.040 - Residential Zoning District General Development Standards ..................................... 2 -
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Contents
17.18.050 - Residential Design Guidelines..................................................................................... 2 -
Chapter 17.20 - Commercial Zoning Districts..................................................................................... 2-
17.20.010 - Purpose of Chapter....................................................................................................... 2-
17.20.020 - Purposes of Commercial Zoning Districts................................................................... 2-
17.20.030 - Commercial Zoning District Land Uses and Permit Requirements ............................. 2-
17.20.040 - Commercial District General Development Standards ................................................ 2-
17.20.050 - Commercial Design Guidelines.................................................................................... 2 -
Chapter 17.22 - Mixed Use Zoning Districts........................................................................................ 2-
17.22.010 - Purpose of Chapter....................................................................................................... 2-
17.22.020 - Purposes of Mixed Use Zoning Districts..................................................................... 2-
17.22.030 - Mixed Use Zoning Districts Land Uses and Permit Requirements .............................. 2-
17.22.040 - Mixed Use Zoning Districts General Development Standards .................................... 2-
17.22.050 — Downtown Mixed Use Design Guidelines................................................................. 2-
17.22.060 — Mixed Use Center Design Guidelines......................................................................... 2-
17.22.070 — Mixed Use Corridor Design Guidelines...................................................................... 2 -
Chapter 17.24 - Industrial Zoning Districts......................................................................................... 2-
17.24.010 - Purpose of Chapter....................................................................................................... 2-
17.24.020 - Purposes of Industrial Zoning Districts........................................................................ 2-
17.24.030 - Industrial Zoning District Land Uses and Permit Requirements .................................. 2-
17.24.040 - Industrial Zoning District General Development Standards ........................................ 2-
17.24.040 - Industrial Design Guidelines........................................................................................ 2 -
Chapter 17.26- Special Purpose Zoning Districts................................................................................ 2-
17.26.010 - Purpose of Chapter....................................................................................................... 2-
17.26.020 - Purposes of Special Purpose Zoning Districts............................................................. 2-
17.26.030 - Special Purpose District Land Uses and Permit Requirements .................................... 2-
17.26.040 - Public and Community Facilities District Development Standards ............................. 2 -
Chapter 17.28 - Overlay Zoning Districts............................................................................................ 2-
17.28.010 - Purpose of Chapter....................................................................................................... 2-
17.28.020 - Applicability of Overlay Zoning Districts.................................................................... 2-
17.28.030 - Flood Hazard (-F) Overlay Zoning District................................................................. 2-
17.28.040 - Planned Development (-PD) Overlay Zoning District ................................................. 2 -
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Zoning Districts and Map
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.
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.
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Zoning Districts and Map
LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
TABLE 2-1 - ZONING DISTRICTS
Zoning
District Zoning District Name General Plan Land Use Classification
Implemented by Zoning District
Symbol
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
NICE
Mixed Use Center
Mixed Use Center
Industrial Districts
BP
Business Park
Business Park
M
Industrial
Industrial
Public and Open Space Districts
Public/Quasi-Public
PF Public and Community Facility
Detention Basins and Parks
Overlay Districts
-F
Floodplain Overlay
Various
-PD
Planned Development Overlay
Various
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Development and Land Use Approval Requirements
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 ofproposed 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 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
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Development and Land Use Approval 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:
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.
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).
17.12.040 - 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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Development and Land Use Approval Requirements
See Section 17.68.020 regarding repairs to nonconforming structures.
D. Repairs and maintenance. Ordinary repairs and maintenance, if:
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:
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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
General Property Development and Use Standards
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.
B. 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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
General Property Development and Use Standards
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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
General Property Development and Use Standards
—F6
ii, ni � ii m,
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.
1. 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 minimum of eight feet above grade; and
3. 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.
Article 2 — Land Use and Development Standards Administrative Draft — 9/12
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
General Property Development and Use Standards
height limit r
structures and other
visual obstructions
in this area
I
I �•
35 `' Property line
I ;y.
I :Y;•
I
I
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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
General Property Development and Use Standards
C. Measurement of setbacks. Setbacks shall be measured from the exterior wall of structures, as
follows. See Figure 2-3.
Figure 2-3 Location and Measurement of Setbacks
1. 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. La through C. l .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.
setback may be
allowed by Director
Flag Pole"
Front
Setback
------ -------------------- ---
Street
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4
4•i
ii
F
/ ■
follows. See Figure 2-3.
Figure 2-3 Location and Measurement of Setbacks
1. 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. La through C. l .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.
setback may be
allowed by Director
Flag Pole"
Front
Setback
------ -------------------- ---
Street
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
General Property Development and Use Standards
Figure 2-4 Flag Lot Setbacks
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
2 ft., but no closer than 3 ft. to any property line
Deck or porch, which may be roofed but is
otherwise unenclosed
5 ft.
0 ft.
0 ft.
Stairway, fire escape, balcony
3 ft. from any property line
Architectural features
Projection shall not exceed 30% of building wall
'Min
24" Max.
24"Max
tr�e-
Minimum Required
Side Setback
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
General Property Development and Use Standards
Figure 2-5 Examples of Allowed Projections into Residential Setbacks
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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
General Property Development and Use Standards
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:
1. 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.
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General Property Development and Use Standards
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General Property Development and Use Standards
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.
C.
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.
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 I Maximum Height
Within front yard setback
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
`1-1-11111-I1I1
Wall
I IIII I1I
1111===IIII_ — — 'J==1111=-1111ffl
1111-IIII�IIII
=IIII-1111=IIII =11n—
ff--PWerly Lina
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.
Article 2 — Land Use and Development Standards Administrative Draft — 9/12
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Applicability and General Design Guidelines
CHAPTER 17.16 - APPLICABILITY AND GENERAL DESIGN
GUIDELINES
Sections:
17.16.010 - Purpose of Design Guidelines
17.16.020 - Applicability
17.16.030 - General Design Guidelines
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.
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Applicability and General Design Guidelines
B. Landscaping.
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.
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.
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.
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.
D. Screening.
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.
Where screening is required at the ground level, a combination of elements should be
considered including solid masonry walls, wood fences, berms, and landscaping.
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Applicability and General Design Guidelines
E. Refuse, storage, and equipment areas.
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.
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.
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.
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Applicability and General Design Guidelines
Change in plane with Material or color change Change of materials on same
change in material at 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.
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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Residential Zoning Districts
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.
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 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.
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Residential Zoning Districts
A Allowed Use
TABLE 2-4 UP Use Permit required
Residential Zones - Allowed Uses MUP Minor Use Permit
and Permit Requirements required
Use not allowed
PERMIT REQUIRED BY
Land Use DISTRICT Specific Use
Regulations
RLD I RMD I RHD
AGRICULTURE & OPEN SPACE
Production of crops I A A A
RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES
Community centers
UP
UP
UP
17.36.120
Health/fitness facility
—
A
UP
UP
Libraries, museums, galleries
UP
UP
UP
17.36.060
Parks and playgrounds
UP
UP
UP
MUP
Religious facilities
UP
UP
UP
17.36.070
Schools – private
UP
UP
UP
RESIDENTIAL USES
Accessory uses (Residential)
A
A
A
17.36.120
Caretaker quarters
—
A
A
UP
Home occupations
MUP
MUP
MUP
17.36.060
Live/work projects
—
UP
UP
MUP
Mobile home/RV park
Day care center
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 A A A Municipal Code
Chapter 6
SERVICES
Community Care Facilities
Residential care facility (6 or fewer)
A
A
A
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)
MUP
MUP
MUP
17.36.030
Day care center
UP
17.36.030
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Residential Zoning Districts
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
5,000 sq. ft.
RLD
I RMD
I 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.(2)
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 dwellin unit er arcel.
5,000 sq. ft.
5,000 sq. ft.
4,000 sq. ft.
3,000 sq. ft.(2)
3,000 sq. ft.
2,000 sq. ft.
4,000 sq. ft. for 1st
unit plus 2,000 sq. ft.
for each additional
unit
5,000 sq. ft. for lst
unit plus 1,000 sq. ft.
for each additional
unit
Density(
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
dwellings
Setbacks
Front
Sides (each)
Street side
Rear
Garage
Minimum and, where noted, maximum setbacks required. See Section
17.14.060 for exceptions to these requirements.
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%
50%
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)
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Residential Zoning Districts
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.
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.
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Residential Zoning Districts
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.
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.
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Residential Zoning Districts
(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.
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.
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Residential Zoning Districts
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.
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.
D. 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.
1. 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.
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Residential Zoning Districts
Urban Design Studio
Figure 2-9 - Appropriate Infill Building Massing
4. Outdoor living areas. The use of balconies, verandas, porches, and courtyards within the
building form of infill structures is strongly encouraged.
5. Exterior finish materials. The thoughtful selection of building materials can enhance
desired neighborhood qualities such as compatibility, continuity, and 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.
C. 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).
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Residential Zoning Districts
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.
DESIRABLE ELEVA'110N
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Rooftiae addition is integrated into
the design of the exlsting building.
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with the existing rooflim.
Urban Design Studio
DESIRABI-E SITE PLAN
UNDESIRABLE SITE PLAN
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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Residential Zoning Districts
L)r"an ""sign owwo
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.
Article 2 — Land Use and Development Standards Administrative Draft — 9/12
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Residential Zoning Districts
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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.
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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.
C 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 building.
Restoring an older building's architectural integrity may require "undoing" previous
porch alterations. See Figures 2-14 and 2-15.
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Residential Zoning Districts
Urban Design Studio
Figure 2-14 Appropriate Porch Stairway Designs
ur"an Lesign 3ru nu
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.
F. 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
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Residential Zoning Districts
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.
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 —
multi -family units
Clustered
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.
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Residential Zoning Districts
Figure 2-17 — Most ground floor units should have entrances facing the street
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.
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Residential Zoning Districts
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.
C. 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.
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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Residential Zoning Districts
Figure 2-19
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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Commercial Zoning Districts
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.
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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Commercial Zoning Districts
AGRICULTURE AND OPEN SPACE
Production of crops I I A I A I A
RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES
Clubs, lodges, & membership halls
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
A
PERMIT REQUIRED BY DISTRICT
Specific Use
Land Use
Regulations
CC I GC 1 O 1
AGRICULTURE AND OPEN SPACE
Production of crops I I A I A I A
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 shelters — A —
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Commercial Zoning Districts
RETAIL TRADE
Accessory retail uses
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
UP
PERMIT REQUIRED BY DISTRICT
Specific Use
CC
GC
O
UP
Land Use
Regulations
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
—
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
—
Mobile 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
I —
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Commercial Zoning Districts
SERVICES – BUSINESS, FINANCIAL, PROFESSIONAL
Automated teller machines (ATMs)
A Allowed Use
TABLE 2-6
UP Use Permit required
Commercial Zones - Allowed Land Uses and Permit
Minor Use Permit
Requirements
MUP
required
— Use not allowed
A
PERMIT RE
UIRED BY DISTRICT
Specific Use
Business support services
CC
I GC
1 O
1
Land Use
Regulations
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
17.36.040
Medical - Hospitals
A
17.36.040
Offices
A
A
A
17.36.030
Professional Services
A
A
A
17.36.030
SERVICES
Audio & video rental
A
A
—
Auto repair and maintenance
—
UP
—
Car wash
—
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
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
—
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Commercial Zoning Districts
INDUSTRIAL, MANUFACTURING & PROCESSING, WHOLESALING
Recycling facilities
Small collection facility MUP MUP — 17.36.110
Large collection facility 17.36.110
TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE USES
Broadcast studios
A Allowed Use
TABLE 2-6
UP Use Permit required
Commercial Zones - Allowed Land Uses and Permit
Minor Use Permit
Requirements
MUP
required
— Use not allowed
UP
PERMIT REQUIRED BY DISTRICT
Specific Use
Land Use
Regulations
CC
I GC
1 O
1
INDUSTRIAL, MANUFACTURING & PROCESSING, WHOLESALING
Recycling facilities
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
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Commercial Zoning Districts
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).
TABLE 2-7 - COMMERCIAL DISTRICT GENERAL DEVELOPMENT STANDARDS
Development Feature
Requirement by Zoning District
CC
GC
O
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
or exceptions to these requirements.
25 ft.
10 ft.
10 ft.
25 ft.
None
None
25 ft.
NoneM
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..
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Commercial Zoning Districts
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 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.
L _ _ _ _ _ JL
of * Stmt'• %dr two
FN"I� �rK
Figure 2-19 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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Commercial Zoning Districts
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.
Figure 2-20 Location of Parking and Buildings
f. 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).
2. 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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Commercial Zoning Districts
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:
(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.
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Figure 2-21 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;
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(d) Careful sizing, placement and overall design of signage; and
(e) Providing consistent door and window reveals.
b. 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.
Urban Design Studio
Figure 2-22 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.
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Figure 2-23 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.
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Figure 2-24 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.
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(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.
(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.
1. 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
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Commercial Zoning Districts
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:
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 2-25 Infill Fagade Proportions
(3) 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.
Urban Design Studio
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Figure 2-26 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.
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Commercial Zoning Districts
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Figure 2-27 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.
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Urban Design Studio
Figure 2-28 New Storefront Proportions Consistent with Context
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(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.
C. Horizontal rhythms/alignment of architectural elements.
(1) When an infill building is proposed, the common horizontal elements (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.
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Urban Design Studio
Figure 2-29 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 2-30 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.
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Commercial Zoning Districts
Urban Design Studio
Figure 2-31 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.
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on this building by correct placement of lettered signs on
windows and sign band above transom window
Figure 2-32 — Transom windows
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Figure 2-31 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.
SIGN AREA SIGN AREA
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The original leaded glass transom window is preserved
on this building by correct placement of lettered signs on
windows and sign band above transom window
Figure 2-32 — Transom windows
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Commercial Zoning Districts
C. Awnings and canopies
(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.
ENCOURAGED: Shed awning is consistent with rectilinear
building form
DISCOURAGED: Round
awning is not consistent with
rectilinear building form
Figure 2-33 Appropriate and Inappropriate Awning Forms
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(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.
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 2-34 Metalwork Design Elements
e. 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.
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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)
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
L 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.
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(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 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)All 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.
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Commercial Zoning Districts
Figure 2-35
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 or expanded.
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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 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.
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STOREFRONT WITH TRADITIONAL MATERIALS
A Cornice Can Be Constructed With Wood
Framing, Plywood And Moldings With A Sloping
Sheet Metal Cap To Shed Water, The Cornice
Spans The Top Of The Storefront, Often Covering
A Structural Beam Or Unfinished Brick.
Transoms Are Optional Design Elements That Help —
To Break Up The Massive Effect Of Very Large
Sheets Of Glass. Transom Windows Can Be Clear,
Tinted, Or Stained Glass,
Masonry Piers Are Uncovered And Match The Upper -
Facade.
The Storefront Is Recessed 6 Inches Into The Opening. -
The Storefront And Windows Are Framed In Wood. —
The Sill Slopes Forward For Drainage.
The Bulkheads Are Constructed With Wood Framing
And A Plywood Back With Trim Applied To It.
The Storefront Rests On A Masonry Or Concrete
Base To Prevent Water Damage.
STOREFRONT WITH CONTEMPORARY MA
A Cornice Is Made With Sheet Metal Over A Wo
Frame.
Optional Transoms Can Be Stained Glass, Clear
Or Opaque.
Masonry Piers Are Uncovered And Match The U
The Storefront Is Recessed 6 Inches Into The Ope
The Storefront And Windows Are Framed With
Anodized Aluminum Or Painted Aluminum.
The Storefront Rests On A Masonry Or Concrete
Figure 2-36
(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.
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(2) Wherever possible retain original window openings. If the existing ceiling has
been lowered, pull the dropped ceiling back from the original window.
(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.
Figure 2-37 - Window replacement
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Match original
cornice
Clear or apaque
glass transom
Piers match the
upper facade
New windows
may be framed
h
with dark aluminum
-A
j
to match the
original color
Figure 2-37 - Window replacement
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Commercial Zoning Districts
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.
L 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.
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Lai
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 OPTED: Natural Surveillance, Natural Access Control, Territorial Reinforcement, and
Management and Maintenance.
1. 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.
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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 the activities undertaken by legitimate, law-
abiding users but discouraging to those carrying out undesirable activities.
3. 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.
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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.
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.
Figure 2-40
Street Addresses Should Help Easy
Identification
i. Safety behind buildings. Safety behind buildings should be ensured through use of -
(1)
£(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
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(6) Ongoing maintenance of storage areas and alleys.
F. Walls and Fences
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.
1. 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
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Mixed Use Zoning Districts
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 permit/approval 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 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).
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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.
AGRICULTURE AND OPEN SPACE
Production of crops A
RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES
Clubs, lodges, & membership halls
A Allowed Use
TABLE 2-8
UP Use Permit Required
Mixed Use - Allowed Uses and Permit Requirements
Minor Use Permit
A
MUP
Required
A
— Use not allowed
Health/fitness facilities
PERMIT REQUIRED
Specific Use
LAND USE
Regulations
g
DMU NICE MCO
AGRICULTURE AND OPEN SPACE
Production of crops A
RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES
Clubs, lodges, & membership halls
UP
UP
—
17.36.120
Community centers
A
A
A
17.36.060
Health/fitness facilities
UP
UP
UP
Indoor amusement/entertainment facilities
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
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)
I
A
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Mixed Use Zoning Districts
RETAIL TRADE
Accessory retail uses
A Allowed Use
TABLE 2-8
UP Use Permit Required
Mixed Use - Allowed Uses and Permit Requirements
MUP Minor Use Permit
UP
Required
UP
— Use not allowed
Alcoholic beverage sales, on-site
PERMIT REQUIRED
Specific Use
LAND USE
Regulations
DMU I NICE I MCO
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
UP
Furniture, furnishings & appliance stores
A
A
A
Gas stations
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
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Mixed Use Zoning Districts
SERVICES – BUSINESS, FINANCIAL, PROFESSIONAL
Automated teller machines (ATMs)
A Allowed Use
TABLE 2-8
UP Use Permit Required
Mixed Use - Allowed Uses and Permit Requirements
MUP Minor Use Permit
A
Required
A
— Use not allowed
Business support services
PERMIT REQUIRED
Specific Use
LAND USE
Regulations
DMU I NICE I MCO
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
17.36.040
Medical - Hospitals
UP
UP
A
17.36.030
Offices
A
A
A
Professional Services
A
A
A
SERVICES
Audio & video rental
A
A
A
Auto repair and maintenance
UP
Car wash
UP
Community care facilities
Residential care facility (6 or more)
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
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Mixed Use Zoning Districts
INDUSTRIAL, MANUFACTURING & PROCESSING, WHOLESALING
Recycling facilities
Small collection facility MUP 17.36.110
TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE USES
Broadcast studios UP UP UP
Parking facilities/vehicle storage UP
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A Allowed Use
TABLE 2-8
UP Use Permit Required
Mixed Use - Allowed Uses and Permit Requirements
MUP Minor Use Permit
Required
— Use not allowed
LAND USE
PERMIT REQUIRED
Specific Use
Regulations
DMU MCE MCO
INDUSTRIAL, MANUFACTURING & PROCESSING, WHOLESALING
Recycling facilities
Small collection facility MUP 17.36.110
TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE USES
Broadcast studios UP UP UP
Parking facilities/vehicle storage UP
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Mixed Use Zoning Districts
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).
TABLE 2-9 — MIXED USE ZONING DISTRICTS GENERAL DEVELOPMENT STANDARDS
Development Feature
Requirement by Zoning District
DMU
MCE
MCO
Minimum lot size
Minimum area, width, and depth required for new parcels.
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 5 ft.
None
None 5 ft.
Street side
None
None 5 ft.
Sides (each)
Rear
NoneM
None(i) 5 ft.
Floor Area Ratio (FAR)
3.0
1.0 1.2
Height limit
Min. 20 ft.
Min. 20 ft. Min. 15 ft.
Max. 6 stories/75 ft.
Max.6 stories/75 ft. Max. 4 stories/60 ft.
Landscaping shall be provided:
Landscaping
1. As required by Chapter 17.30 (Landscaping); and
Parking
As required by Chapter 17.32 (Parking and Loading)
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
Enclosure requirement
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 ofproject designers
while respecting the needs of the individual owner and user. The Guidelines are intended to: create a
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Mixed Use Zoning Districts
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
1. 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
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Mixed Use Zoning Districts
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.
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 -maybe twelve (12) feet in height if setback 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:
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• 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.
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.
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Mixed Use Zoning Districts
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
(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.
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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 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.
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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.
(3) Prominent corner entrances - for shops or other active uses should be provided
by corner 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.
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5. 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.
6. 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
e. Ceramic Tile - is recommended as an accent material.
L 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.
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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:
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.
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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 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:
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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
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.
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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.
f. 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.
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17.22.060 — Mixed Use Center Design Guidelines
A. 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.
B. Applicability
1. 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.
C. Site Planning
1. 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.
3. Block lengths within Mixed Use Center areas shall not exceed 400 feet.
D. Building Placement
1. 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.
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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.
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
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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:
• 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.
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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.
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.
d. 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.
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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
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.
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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.
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.
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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.
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
1. 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.
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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.
B. Applicability
1. The Design Guidelines in this chapter apply to the roadways designated as Mixed Use
Corridor in the General Plan. Key corridors include Kettleman Lane, 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.
C. Site Planning
1. 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.
3. 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.
D. Building Placement
1. Buildings shall be encouraged to locate near or along the front property line(s).
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Mixed Use Zoning Districts
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.
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.
F. Building Design and Architecture
1. 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 prof ects that provide additional public or pedestrian amenities, such as
plazas.
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Mixed Use Zoning Districts
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.
b. Primary building entries shall be accented with strong architectural definition.
C. 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.
L 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.
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Mixed Use Zoning Districts
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.
E 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.
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.
d. 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.
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Mixed Use Zoning Districts
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.
E 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
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.
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Mixed Use Zoning Districts
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.
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.
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Mixed Use Zoning Districts
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
• South Hutchins Street
• South Pleasant Avenue
• Stockton Street
• Garfield Avenue
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Mixed Use Zoning Districts
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.
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
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Mixed Use Zoning Districts
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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Industrial Zoning Districts
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
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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Industrial Zoning Districts
AGRICULTURE AND OPEN SPACE
Production of crops I I A I A
RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES
City offices
A Allowed Use
TABLE 2-10
UP Use Permit Required
Industrial - Allowed Uses and Permit Requirements
Minor Use Permit
MUP
Required
—
— Use not allowed
Health/fitness facilities
PERMIT REQUIRED
Specific Use
LAND USE
Regulations
M T Bp
AGRICULTURE AND OPEN SPACE
Production of crops I I A I A
RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES
City offices
A
A
Clubs, lodges & membership halls
A
—
Municipal Code
Chapter 5.40
Health/fitness facilities
—
A
Indoor sports facility
—
A
Outdoor recreation facilities
UP
UP
School - Specialized education and training
A
A
Studio - Art, dance, martial arts, music, etc.
UP
UP
RESIDENTIAL USES
Residential shelters UP I —
RETAIL TRADE
Accessory retail uses
A
A
Adult entertainment business
A
—
Municipal Code
Chapter 5.40
Alcoholic beverage sales, on-site
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
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Industrial Zoning Districts
SERVICES – BUSINESS, FINANCIAL, PROFESSIONAL
Automated teller machines (ATMs)
A Allowed Use
TABLE 2-10
UP Use Permit Required
Industrial - Allowed Uses and Permit Requirements
MUP Minor Use Permit
Required
A
— Use not allowed
Business support services
PERMIT REQUIRED
Specific Use
LAND USE
Regulations
Medical - Clinics, offices, and laboratories
M
I BP
SERVICES – BUSINESS, FINANCIAL, PROFESSIONAL
Automated teller machines (ATMs)
A
A
Banks and financial services
—
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 and funeral homes
A
—
Research and development
A
A
Storage - Indoor
A
—
Upholstering shops
A
—
Veterinary clinics, outpatient treatment only
A
—
Veterinary clinics, animal hospitals, kennels
A
—
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Industrial Zoning Districts
A Allowed Use
TABLE 2-10 UP Use Permit Required
Industrial - Allowed Uses and Permit Requirements MUP Minor Use Permit
Required
Use not allowed
LAND USE PERMIT REQUIRED Specific Use
M BP Regulations
INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING
Accessory uses - industrial
A
A
Auto dismantling
UP
—
Chemical manufacturing and processing
UP
UP
Electronics, equipment, and appliance manufacturing
A
A
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/boat/aircraft 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
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Industrial Zoning Districts
TRANSPORTATION, COMMUNICATION & INFRASTRUCTURE USES
Broadcasting studios
A Allowed Use
TABLE 2-10
UP Use Permit Required
Industrial - Allowed Uses and Permit Requirements
MUP Minor Use Permit
Required
—
— Use not allowed
Telecommunications facilities
PERMIT REQUIRED
Specific Use
LAND USE
Regulations
Truck and freight terminals
M
BP
TRANSPORTATION, COMMUNICATION & INFRASTRUCTURE USES
Broadcasting studios
A
UP
Parking facilities/vehicle storage
A
—
Telecommunications facilities
MUP
—
17.36.140
Truck and freight terminals
A
—
Utility Facility
UP
—
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Industrial Zoning Districts
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
Development Feature
Requirement by Zoning District
M
10,000 sq. ft.
BP
Minimum lot size
Minimum area, width, and depth required for new parcels.
Area
10,000 sq. ft.
1 acre
75 ft. wide/100 ft. deep
75 ft. wide/100 ft. deep
Width and depth
Setbacks
Minimum and, where noted, maximum setbacks required. See Section 17.14.060
for exceptions to these requirements.
Front
10 ft. 25 ft.
Street side
10 ft. 10 ft.
Sides (each)
None None. (i>
Rear
None None
Floor Area Ratio (FAR)
0.60 1.0
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)
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 20 ft. is required.
(2) Additional height is allowed by use permit.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Industrial Zoning Districts
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.
B. Applicability
1. 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
1. 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.
3. 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
1. 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.
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Industrial Zoning Districts
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.
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.
C. 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.
L 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.
C. 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.
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Industrial Zoning Districts
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.
f. 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.
E. Parking and Circulation
1. 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.
3. 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.
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Industrial Zoning Districts
F. 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 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.
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Industrial Zoning Districts
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.
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 ofpanels
with continuous vertical seams shall also be avoided. Other building materials should be
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Industrial Zoning Districts
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.
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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Special Purpose Zoning Districts
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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Special Purpose Zoning Districts
AGRICULTURE AND OPEN SPACE
Clubs, lodges, & membership halls A
RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES
Cemetery
A Allowed Use
TABLE 2-12
City offices
Special Purpose Zones - Allowed Uses and Permit
B Use Permit required
Requirements
MUP Minor Use Permit required
— Use not allowed
A
PF DISTRICT
Specific Use
LAND USE
PERMIT
Regulations
A
REQUIREMENT
Indoor amusement/entertaimnent facilities
AGRICULTURE AND OPEN SPACE
Clubs, lodges, & membership halls A
RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES
Cemetery
A
City offices
A
17.36.140
Clubs, lodges, & membership halls
A
Community centers
A
Fairgrounds
A
Health/fitness facilities
A
Indoor amusement/entertaimnent facilities
A
Indoor sports facility
A
Libraries, museums, galleries (public)
A
Outdoor recreation facilities
A
Parks and playgrounds
A
Religious facilities
UP
School - Public
A
Schools - Specialized education and training
A
Studios - Art, dance, martial arts, music, etc.
A
Theaters and auditoriums
A
TRANSPORTATION, COMMUNICATION & INFRASTRUCTURE USES
Parking facilities/vehicle storage
A
Telecommunications facilities
A
17.36.140
Utility Facility
A
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Special Purpose Zoning Districts
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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Overlay Zoning Districts
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
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
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.
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Overlay Zoning Districts
B. Applicability.
1. 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 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:
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Overlay Zoning Districts
a. Residential dwellings on existing undeveloped lots in subdivisions approved before
January 1, 1977;
b. Outdoor recreational facilities:
(1)
Campgrounds;
(3)
Boating facilities;
(4)
Parks;
(5)
Golf courses or driving ranges;
(6)
Athletic fields; and
(7)
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.
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Overlay Zoning Districts
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.
F. 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.
1. 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.
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Overlay Zoning Districts
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.
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.
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).
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Contents
LODI MUNICIPAL CODE — TITLE 17, DEVELOPMENT CODE
ARTICLE 3
Site Planning and General Development
Standards
Chapter17.30 - Landscaping................................................................................................................. 3-
17.30.010 - Purpose of Chapter....................................................................................................... 3-
17.30.020 - Applicability................................................................................................................. 3-
17.30.030 - Landscape Plan Approval Requirements...................................................................... 3-
17.30.040 - Landscape Location Requirements............................................................................... 3-
17.30.050 - Residential Front and Street Side Yard Landscape Requirements ............................... 3-
17.30.060 - Maintenance of Landscape Areas................................................................................. 3-
17.30.070 - Water Efficient Landscape Requirements.................................................................... 3 -
Chapter 17.32 - Parking and Loading.................................................................................................. 3-
17.32.010 - Purpose of Chapter.......................................................................................................
3-
17.32.020 - Applicability.................................................................................................................
3-
17.32.030 - General Parking Regulations........................................................................................
3-
17.32.040 - Number of Parking Spaces Required............................................................................
3-
17.32.050 - Adjustments to Parking Requirements.........................................................................
3-
17.32.060 - Disabled/Handicapped Parking Requirements.............................................................
3-
17.32.070 - Parking Design Standards.............................................................................................
3-
17.32.080 - Driveways and Site Access..........................................................................................
3-
17.32.090 - Bicycle Parking............................................................................................................
3-
17.32.100 - Loading Space Requirements.......................................................................................
3-
17.32.110 - Parking and Circulation Design Guidelines.................................................................
3 -
Chapter17.34 - Signs............................................................................................................................. 3-
17.34.010 - Purpose of Chapter....................................................................................................... 3-
17.34.020 - Applicability................................................................................................................. 3-
17.34.030 - Sign Permit Requirements............................................................................................ 3-
17.34.040 - Prohibited Signs........................................................................................................... 3-
17.34.050 - General Requirements for all Signs.............................................................................. 3-
17.34.060 - Zoning District Sign Standards.................................................................................... 3-
17.34.070 - Standards for Specific Types of Signs.......................................................................... 3-
17.34.080 - Exceptions to Sign Area Standards.............................................................................. 3-
17.34.090 - Sign Maintenance......................................................................................................... 3-
17.34.100 - Nonconforming Signs................................................................................................... 3-
17.34.110 - Violations and Abatement............................................................................................ 3-
17.34.120 - Judicial Review............................................................................................................ 3-
17.34.130 - Sign Design Guidelines................................................................................................ 3 -
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LODI MUNICIPAL CODE — TITLE 17, DEVELOPMENT CODE
Contents
Chapter 17.36 - Standards for Specific Land Uses.............................................................................. 3-
17.36.010 - Purpose of Chapter....................................................................................................... 3-
17.36.020 - Applicability................................................................................................................. 3-
17.36.030 - Child Day Care Facilities............................................................................................. 3-
17.36.040 - Residential Care Facilities and Senior Apartments...................................................... 3-
17.36.050 - Residential Density Bonus........................................................................................... 3-
17.36.060 - Home Occupations....................................................................................................... 3-
17.36.070 - Mobile Home Parks...................................................................................................... 3-
17.36.080 - Outdoor Display and Retail Activities.......................................................................... 3-
17.36.090 - Outdoor Storage........................................................................................................... 3-
17.36.100 - Recreational Vehicle Parks........................................................................................... 3-
17.36.110 - Recycling Facilities...................................................................................................... 3-
17.36.120 - Residential Accessory Uses and Structures.................................................................. 3-
17.36.130 - Second Dwelling Units................................................................................................. 3-
17.36.140 - Telecommunication Facilities...................................................................................... 3 -
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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 for 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).
17.32.030 - Landscape Plan Approval Required
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.
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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 Requirements
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.
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.
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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.
b. 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.
b. 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.
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17.30.050 - Residential Front and Street Side Yard Landscape Requirements
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, nonirrigated areas, walks, roadways, or
structures is prohibited.
17.30.070 - Water Efficient Landscape Requirements
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;
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 17.30.070.T, U and V; and
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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.I.
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 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
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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.
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).
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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).
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.
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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.
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
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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.
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.
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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.
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.
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;
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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)
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;
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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 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.
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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.
ETWU = (ETo)(0.62)( P IE A + SLA J
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.
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.
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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.
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. l .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 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).
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(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:
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;
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f. Identify type of mulch and application depth;
g. Identify soil amendments, type, and quantity;
h. Identify type and surface area of water features;
i. 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.);
1. 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.
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
(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.
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(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 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.
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(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
(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.
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(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.Q;
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 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;
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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;
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
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17.30.070.1-1).
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.
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);
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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;
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.
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P. 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.
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.
1. 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.
2. Project applicants shall refer to the City or Regional Water Quality Control Board for
information on any applicable stormwater ordinances and stormwater management plans.
3. 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.
1. 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.
a. 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.
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b. Information shall be provided about designing, installing, managing, and maintaining
water efficient landscapes.
T. 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.
U. 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).
b. 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.
V. 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.
£
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.
W. 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:
MAWA= (ETo - Eppt) (0.62) [(0.7 x LA) + (0.3 x SLA)].
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Parking and Loading
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 Loading Design Guidelines
17.32.010 - Purpose of Chapter
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 Regulations
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 ofpublic view and located behind
the designated front setback line, or for the immediate loading or unloading of goods or people.
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E. 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:
1. 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).
D. 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.
F. 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.
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TABLE 3-1 - PARKING REQUIREMENTS BY LAND USE
Land Use Type:
Manufacturing, Processing, and Warehousing Number of Parking Spaces Required
General manufacturing, industrial, and processing uses
1 space for each 1,000 sf
Recycling facilities
1 space for each 1,000 sf
Research and development, laboratories
1 space for each 300 sf of gross floor area
Golf courses (regulation)
1 space per 1,000 sf for the first 20,000 sf of gross floor
Golf courses (pitch & putt)
area, plus one space per 2,000 sf of the second 20,000 sf
Miniature golf
of gross floor area, plus 1 space per 4,000 sf of the
Warehouses, distribution centers, and storage facilities
remainng gross floor area. The gross floor area may
(not including mini -storage for personal use)
include incidental office space comprising less than 5%
Indoor recreation/fitness centers
of the total gross floor area. The parking requirements
Arcades
for additional office space shall be calculated separately
4 spaces for each lane, plus required spaces for ancillary
uses.
as provided by this table for "Offices."
Land Use Type: Number of Parking Spaces Required
Recreation, Education, and Public Assembly
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
Arcades
1 space for each 250 sf of gross floor area
4 spaces for each lane, plus required spaces for ancillary
uses.
Bowling alleys
1 space for each 250 sf
Health/fitness clubs
Pool and billiard rooms
Two spaces for each table, plus required space for
ancillary uses.
1 space for each 100 sf of skating area.
Skating rinks
2 spaces per each athletic court; 1 space per each 150 sf
Outdoor recreation facilities
of gross water surface area; 1 space per each 500 square
feet of activesports field area.
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TABLE 3-1 - PARKING REQUIREMENTS BY LAND USE (Continued)
Land Use Type: Number of Parking Spaces Required
Recreation, Education, and Public Assembly
Libraries, museums, art galleries
1 space for each 400 sf of gross floor area
Public assembly uses (e.g., places of worship, cinemas,
1 space for each 4 fixed seats or 1 space for every 50 sf
performance theaters, meeting halls, and membership
of gross assembly area, classrooms, meeting rooms, etc.
organizations).
parking allowed in an attached carport, plus 1 guest parking
Schools (private)
space for each two units.
1.5 spaces for each classroom, plus 1 space for every 200
Elementary/Middle/Junior High
sf of assembly area in an auditorium, plus adequate bus
Multi -family dwelling, condominiums and other
loading facilities.
attached dwellings
1.5 spaces for each classroom, plus 1 space for every
High School
200 sf of assembly area in an auditorium, plus adequate
Senior congregate care facilities
bus loading facilities.
10 spaces per classroom or as determined by the
Trade and business schools
Senior housing projects
Planning Commission.
Studios for dance and art
1 space for each 200 sf
Land Use Type: (1> Number of Parking Spaces Required
Residential Uses
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, plus 1 guest parking
Mobile home parks
space for each two units.
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 per two
attached dwellings
bedroom unit (1 must be covered), plus 1 uncovered guest
space for each 5 units.
Senior congregate care facilities
0.5 space for each residential unit, plus 1 space for each 4
units for guests and employees.
Senior housing projects
0.75 space for each unit with half the spaces covered, plus 1
guest parking space for each 10 units.
Single-family housing
2 spaces within a garage.
Notes:
(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.
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TABLE 3-1 - PARKING REQUIREMENTS BY LAND USE (Continued)
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
Automobile, mobile home, vehicle, machinery and
1 space for each 350 sf of gross floor area, plus 1 space for
parts sales
each 3,000 sf of outdoor display, service area, plus 1 space
for each 300 sf of gross floor area fora 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.
Shopping centers (shall use unsegregated parking
Minimum parking provided shall be 1 space for each 500 sf
area)
of gross floor area. Maximum parking provided shall be 1
space for each 200 sf of gross floor area.
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TABLE 3-1 - PARKING REQUIREMENTS BY LAND USE (Continued)
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
1 space for each 3 patient beds per facility license.
Convalescent hospital
1 space per bed.
Hospital
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 sf
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
Repair garage
1 space for each 500 sf of gross floor area.
2 spaces for each washing stall, for queuing and drying.
Self-service vehicle washing
1 space for each 250 sf of gross floor area.
Full-service vehicle washing
Veterinary clinic, animal hospital
1 space for each 350 sf of gross floor area, plus 1 space for
each 1000 sf of boarding area.
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:
1. 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.);
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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 Requirements
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.
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.
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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.
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 Figure 3-1 Queuing Area
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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
5.0' MIN. ADJACENT M
ES
Minirrwm Parking
Lot Standards
Parking
e�
Angle'
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
80'
9.5
11
18
22.1
2.2
14
10
11.6
18
22.3
2.2
14
9
9
25
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 separately for approval.
" For two—way traffic minimum is 24 feet.
MIN. ADJACENT
ESIDENTWL ZONES
WN. ADJACENT TO
AMERCIAL ZONES
See
Note
Do not
enter sign
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1. A minimum number of parking spaces required is established by the City of Lodi Ordinance.
2. Ail parking stalls shall be marked in on acceptable manner.
3. Lots designed for more than four cars must have two—way access,
4. Where two parking onles can be used in o single lot, they shall be located in separate areas of the lot
(except as shown on %yout.)
5. Anyparking layout necessitating a cul—de—sac or similar type of turning facility for reversing direction of
trovef in order to exit from the area or any parking spaces will generally be discouraged, and it should
be approved by the City Staff prior to the incorporation into the plan.
6. Residential parking for more than four cars regardless of zoning designation shall not be designed to
require backing out onto any public street Rights—of--Woy.
7. Two—way traffic aisles sholl be a minimum of 24 feet wide.
S. In any non—residential parking condition parking or backing area within a parking lot shall not extend into
the public Rights—of—Way, regardless of zoning designation.
9. When a long driveway having only a single ingress is necessary within a development, provisions should
be made for the maneuvering of emergency vehicles and the arrangement approved by City Staff prior to
its incorporation into the plan.
10. All parking lots shall have an adequate structural section and shall be paved with a minimum of two
inches of asphalt concrete.
11. Al unusable areas shall be landscaped where practical.
12. Landscaped areas within or adjacent to the parking area shall provide for a minimum of one shade tree
for every four parking stalls. Depending on type and size of shade tree, requirements may be modified
by the City Site Plon and Architectural Review Committee.
13. Six—inch high concrete curbs shall separate all paved and landscaped areas.
14. Concrete curbing shall be used as wheel stops where possible. The use of bumper blocks is
discouraged.
15. Landscaped areas shall be provided between asphalt areas and all building structures, fences and
property lines. Hardscoping may be used where pedestrian access is a necessity as determined by the
City Site Plan and Architectural Review Committee.
16. Landscaping shall conform to the City of Lodi Landscape Guidelines.
17. End stalls should be protected from the turning movements of other cars with a minimum 5' landscape
planter.
18. Handicapped stalls shall be be a min. of 9' wide plus an adjacent S' min. access zone to accommodate
Van accessible parking. If there is more than one stall at least one must meet the Van accessible size.
The additional stalls shall be a min. of 9' wide plus an adjacent 5' min. access zone, per title 24,
Chapter 2--7102, California Administrative Code.
19. End stalls and stalls adjacent to curbings shall be a minimum of ten feet wide.
20. Dead end 90' parking shall be provided with adequate turning room.
21. Parking requirements for the interior of parking lots on industrial lots surrounded solely by heavy
industrially zoned properties may be modified by the Site Plan and Architectural Review Committee.
Figure 3-2 Standard Parking Stall Dimensions
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.
a. Alternative barrier designs may be approved by the Director.
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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.
F. Directional arrows and signs:
1. 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
1. 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.
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.
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H. Grades of driveways and parking areas.
1. 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.
I. 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 Access
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:
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.
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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.
4. 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.
(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.
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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
A. Applicability. Bicycle parking shall be provided for all multi -family and nonresidential uses in
compliance with Table 3-3.
TABLE 3-3 — BICYCLE PARKING REQUIREMENTS BY LAND USE
Use
Required Stalls
Location
Commercial, Services,
4 stalls or 20 percent of required off-
Adjacent to bicycle paths and
Recreation, Education and
street automobile parking stalls,
pedestrian walks < 200 ft. of
Public Assembly
whichever is greater (up to a
public entrance.
maximum of 30 bicycle stalls
Residential:
Dwelling, multi-famil
1 per 2 units
Must be secure
4 stalls or 5 percent of required off-
Adjacent to bicycle paths and
Industrial, Manufacturing
street automobile parking stalls,
pedestrian walks < 200 ft. of
and Processing
whichever is greater (up to a
—
public entrance.
maximum of 15 bicycle 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:
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.
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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.
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:
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Parking and Loading
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
1. 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
1. 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.
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Parking and Loading
Figure 3-2 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.
Figure 3-3 Hardscape Materials
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Parking and Loading
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 3-4 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
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.
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.
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Figure 3-5 Pedestrian Connections
K-1
3. Parking aisles should be separated from primary vehicle circulation routes whenever
possible.
Figure 3-6 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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Parking and Loading
Figure 3-7 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-
8.
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2� ft 3'
Figure 3-8 - Protect Landscaping
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Parking and Loading
5. 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 3-9.
6. Reduce conflicts between trees, lighting and
signage by coordinating location of trees, light
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 3-9 - Tree Cover
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.
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.
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Signs
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
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.
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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.
C. Master sign program.
1. 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
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Signs
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;
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 17.34.0701,
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;
I. 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
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Signs
M. Signs in public right-of-way or affixed to City property.
17.34.050 - General Requirements for All Signs
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 3-10.
J 2' J
OES 5 0
DRYCIEIWER �E DRY
s
Area = 20.5 sq. Ft.
Area =17.5 sq. Ft.
Figure 3-10 Sign Area Measurement
JOES
DRY CLEANERS
Area = 32 sq. 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.
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.
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Signs
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
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.
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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.
Sign copy should relate only to the name and/or nature of the business or commercial center.
2. Permanent signs that advertise continuous sales, special prices, etc. should be avoided.
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.
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
17.34.070.17, 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.
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Signs
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.
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:
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.
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;
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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.
1. CC district. Each sign within the CC zoning district shall comply with the following standards.
a. 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 '/2" 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;
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(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;
(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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
(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.
(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 B.3.a, provided that the sign shall not:
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(1) Exceed 300 square feet in area. 150 square feet of the total sign area maybe 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;
(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.
(c) 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.
a. 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.
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Signs
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.
1. 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.
(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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
(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.
(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.
L 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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
(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.
(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:
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
(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.
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.
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 development.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
(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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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Signs
Awning
SIGN
Monument
Wall
Projecting
Suspended
Multi -Tenant
Figure 3-11 Examples of Sign Types
17.34.070 - Standards for Specific Types of Signs
Window
A -Frame
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).
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Signs on awnings are limited to ground level and second story occupancies only.
2. Awnings shall not be internally illuminated. Indirect lighting may be allowed. Translucent
awning materials are prohibited.
3. 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 et 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 be 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.
1. 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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Signs
E.
F
LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
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.
Window signs. The following standards apply to window signs in all zoning districts where allowed.
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.
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.
Programmable Electronic Signs. The following standards apply to Programmable Electronic Signs:
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.
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
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
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Signs
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:
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
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.
17.34.110 - Violations and Abatement
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Signs
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
1. 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.
3. 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.
These signs block buildings elements and
create a chaotic image.
LARRY'S PUB SiINSHINE'S
These signs compliment the building form creating
a more orderly appearance.
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Signs
LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Figure 3-12 - 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 3-13- 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 3-14 - 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
pedestrians so that they can easily and comfortably read the
sign as they stand adjacent to the business.
7. 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.
e;nl �
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� 1 i
i ■
' ■ ■
.
. .
■ ■ ■
IMI ;I.�1
iii' i� �
■1 1■ 11
fl If fl
Wall sign of consistent size and
placement establish facade rhythm.
Figure 3-14 - 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
pedestrians so that they can easily and comfortably read the
sign as they stand adjacent to the business.
7. 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.
e;nl �
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Signs
Figure 3-15 — Pedestrian -
oriented sign
B. Color
1. 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 or feelings. Colors should be selected to
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.
SIGN
Figure 3-16 Contrasting Letters and Background
3. 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. Materials
1. Sign materials. The following sign materials are recommended:
a. Wood (carved, sandblasted, etched, and properly sealed, primed and painted, or stained).
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.
d. Custom neon tubing, in the form of graphics or lettering, may be incorporated into several
allowed sign types.
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Signs
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 Legibility
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.
1. 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 3-4.
TABLE 3-4 - LETTERING SIZE FOR
PEDESTRIAN -ORIENTED SIGNS
Minimum Character Size Intended Reading Distance
inches 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.
3. 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 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.
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Signs
Figure 3-17
Use of Symbols/Logos
DELICATESSEN
Letters take up too much
of the sign area
DEL ICAT Ss N
Letters occupy approx. 75%
of the sin area max.
Figure 3-18
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 Illumination
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 3-19 Use of Existing Illumination
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
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KE
Figure 3-17
Use of Symbols/Logos
DELICATESSEN
Letters take up too much
of the sign area
DEL ICAT Ss N
Letters occupy approx. 75%
of the sin area max.
Figure 3-18
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 Illumination
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 3-19 Use of Existing Illumination
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
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Signs
LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
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 3-20 Shielded Light Source
_ i#t
am
Individual letters with interior
lighting are encouraged.
Backlit letter signs
are encouraged.
Figure 3-21 Back -Lighted Signs
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Standards for Specific Land Uses
CHAPTER 17.36 - STANDARDS FOR SPECIFIC LAND USES
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
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 Chapter
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.
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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.
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.
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.
C. 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
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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.
L 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
A. Applicability: Residential care facilities shall be allowed as follows.
1. 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.
3. 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.
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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.
1. 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
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
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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.
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,
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.
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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;
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
1. 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.
3. 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 3-5:
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TABLE 3-5
Density Bonus
Minimum
Density Bonus
Increase in Density
Category
Affordability Required
Permitted
Bonus Permitted
At least 5% of the total
An additional 2.5%
units of a housing
density bonus increase for
Very Low
development are
20 to 35%
each additional 1/o
Income
restricted for very low
increase in very low
income households
income units above the
initial 5% threshold
At least 10% of the total
An additional 1.5%
units of a housing
density bonus incorease for
Low Income
development are
20 to 35%
each additional 1
restricted for low income
increase in low income
households
units above the initial
10% threshold
At least 10% of the total
An additional I% 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
above the initial 10%
persons/families of
threshold
moderate income
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
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;
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(7) Reduced street standards.
b. A reduction in architectural design requirements.
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.
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 units are required to
remain affordable per this Chapter; and
b. 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.
3. 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
1. 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.
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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).
1. 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.
b. 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.
1. 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.
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
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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 17.36.050.13 of this
Chapter and that the units are offered at an affordable housing cost, as that cost is
defined in Section 17.36.050.13 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 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.);
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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;
i. 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;
1. 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);
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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
n. 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.
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;
b. Tutoring or instruction of children by appointment; and
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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.
1. 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 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.
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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 Activities
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;
Directly related to a business occupying a permanent structure on the site;
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;
£ Managed so that display structures and goods are maintained at all times in a clean
and neat condition, and in good repair;
g. 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;
h. Placed to not block structure entrances and on-site driveways; and
i. Portable and removed from public view at the close of each business day.
2. Outdoor displays shall not be:
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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.
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.
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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 Storage
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:
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.
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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.
H. 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.
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.
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17.36.110 - Recycling Facilities
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.
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
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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
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
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.
1. 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.
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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.
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).
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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.
F. 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.
1. Outdoor vehicle repair. No vehicle repair activities shall be conducted outdoors within a
residential zone.
2. 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.
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17.36.130 - Second Dwelling Units
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.
F. 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 Facilities
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 fagade 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.
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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 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:
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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.
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.
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Standards for Specific Land Uses
Poles shall be designed to prevent unauthorized climbing.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
ARTICLE 4
Land Use and Development
Permit Procedures
Chapter 17.38 - Application Filing and Processing........................................................................... 4-3
17.38.010 - Purpose of Chapter..................................................................................................... 4-3
17.38.020 - Authority for Land Use and Zoning Decisions.......................................................... 4-3
17.38.030 - Concurrent Permit Processing.................................................................................... 4-3
17.38.040 - Application Preparation and Filing............................................................................ 4-5
17.38.050 - Application Fees......................................................................................................... 4-6
17.38.060 - Initial Application Review......................................................................................... 4-6
17.38.070 - Environmental Assessment........................................................................................ 4-8
17.38.080 - Staff Report and Recommendations........................................................................... 4-8
Chapter 17.40 - Permit Approval or Disapproval............................................................................. 4-9
17.40.010 - Purpose of Chapter..................................................................................................... 4-9
17.40.020 - Site Plan and Architectural Approval....................................................................... 4-13
17.40.030 - Temporary Use Permits............................................................................................ 4-17
17.40.040 - Use Permits and Minor Use Permits........................................................................ 4-21
17.40.050 - Variances and Administrative Deviations................................................................ 4-23
17.40.060 - Planned Development Permits................................................................................. 4-27
17.40.070 - Certificates of Occupancy........................................................................................ 4-30
Chapter 17.42 - Permit Implementation, Time Limits, and Extensions ....................................... 4-35
17.42.010 - Purpose of Chapter...................................................................................................
4-35
17.42.020 - Effective Dates.........................................................................................................
4-35
17.42.030 - Performance Guarantees...........................................................................................
4-35
17.42.040 - Time Limits and Extensions.....................................................................................
4-36
17.42.050 - Changes to an Approved Project..............................................................................
4-37
17.42.060 - Permits to Run with the Land...................................................................................
4-38
17.42.070 - Resubmittals.............................................................................................................
4-38
17.42.080 - Covenants of Easements...........................................................................................
4-39
Chapter 17.44 — Development Agreements...................................................................................... 4-35
17.44.010 - Purpose of Chapter...................................................................................................
4-35
17.44.020 - Application Requirements........................................................................................
4-35
17.44.030 - Hearing Notice.........................................................................................................
4-35
17.44.040 — Review by Planning Commission............................................................................
4-35
17.44.050 — Council Hearing.......................................................................................................
4-35
17.44.060 — Amendment or Cancelation.....................................................................................
4-35
17.44.070 — Recordation of Agreement, Amendment or Cancelation.........................................
4-35
17.44.080 — Periodic Review.......................................................................................................
4-35
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Application Filing and Processing
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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Application Filing and Processing
TABLE 4-1 - REVIEW AUTHORITY
Type of Decision
See Section
Role of Review Authority (1)
Director
SPARC (2)
Planning
Commission
City
Council
Administrative and Amendments
General Plan amendments
Interpretations
Zoning text amendments
Zoning Map amendments
17.70
Decision (3)
Recommend
Decision
17.02
Decision (3)
Appeal
Appeal
17.70
Decision (3)
Recommend
Decision
17.70
Recommend
Decision
Land Use Permits and other Development Approvals
Administrative Deviations
Certificates of Occupancy
Home Occupation Permits
Planned Development Permit
Sign Permits
Density Bonus
Site Plan and Architectural
Approval for multiple single
family homes
Site Plan and Architectural
Approval, for Commercial and
Industrial buildings,
Temporary Use Permits
Minor Use Permits
Use Permits
Variances
17.40.050
Decision (3)
Appeal
Appeal
17.40.070
Decision (3)
Appeal
Appeal
17.36.060
Decision (3)
Appeal
Appeal
17.40.060
Decision
Appeal
17.34.030
Decision (3)
Decision
17.36.050
Recommend
Decision
Appeal
17.40.020
Recommend
Decision
Appeal
Appeal
17.40.020
Recommend
Decision
Appeal
Appeal
17.40.030
Decision (3)
Appeal
Appeal
17.40.040
Decision (3)
Appeal
Appeal
17.40.040
Recommend
Decision
Appeal
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; "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) 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.
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.
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Application Filing and Processing
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.
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.
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:
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.
2. The schedule of fees may be changed only by resolution of the Council.
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.
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Application Filing and Processing
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.
The City is not required to continue processing any application unless additionally required
fees are paid in full.
Failure to pay the applicable fees is grounds for disapproval of the application.
B. Refunds and withdrawals.
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.
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.
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 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.
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Application Filing and Processing
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
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.
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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Application Filing and Processing
B. Staff report preparation.
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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Permit Approval or Disapproval
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
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:
1. 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;
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;
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Permit Approval or Disapproval
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 I Review
Individual single-family homes and accessory structures, including
additions and alterations, under individual applications in the R-1, R-
IE, and R-2 zoning districts.
Ground floor additions and alterations deemed visually or functionally
insignificant by the Director.
Multiple single-family detached homes and accessory structures in the
R-1, R -IE, 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)
Additions and alterations in all zoning districts, except the R-1, R -IE,
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.
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.
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Permit Approval or Disapproval
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.
5. 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:
The design and layout of the proposed project would:
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Permit Approval or Disapproval
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.
C. 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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Permit Approval or Disapproval
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.
1. 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.
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.
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
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Permit Approval or Disapproval
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:
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
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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.
2. 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;
c. 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
d. The proposed project has been reviewed in compliance with the provisions of the
California Environmental Quality Act (CEQA).
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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.
I. 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.
J. 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.
B. 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.
a. 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 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).
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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;
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
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, 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.
H. 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.
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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.
1. Special privileges prohibited.
a. 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:
1. 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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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
Up to a 2 foot
or 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 lines 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
30 percent
not 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;
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2. Dimensional standards. Dimensional standards including distance -separation requirements,
fence and wall requirements, landscape and paving requirements, 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:
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;
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2. Granting the Variance would:
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.
a. 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.
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:
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The proposed development is:
a. Allowed within the subject base zoning district;
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;
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;
b. 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.
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, lighting, 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.
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.
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.
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.
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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
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 I Vh 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.
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D. Release or forfeit of security.
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.
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.
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.
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.
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.
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B. 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.
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;
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
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Permit Implementation, Time Limits and Extensions
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.
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.
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:
Describe the real property to be subject to the easement;
Describe the real property to be benefited by the easement;
Identify the City approval or permit granted which relied on or required the Covenant; and
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Permit Implementation, Time Limits and Extensions
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:
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.
F. 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).
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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Development Agreements
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
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:
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Development Agreements
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 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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Development Agreements
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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
ARTICLE 5
Subdivisions
Chapter 17.46 - Applicability and Administration of Subdivision Regulations ............................. 5-5
17.46.010 - Purpose of Article....................................................................................................... 5-5
17.46.020 - Authority.................................................................................................................... 5-5
17.46.030 - Applicability............................................................................................................... 5-5
17.46.040 - Responsibility for Administration.............................................................................. 5-5
17.46.050 - Advisory Agency........................................................................................................ 5-6
17.46.060 - Authority for Subdivision Decisions.......................................................................... 5-7
Chapter 17.48 - Subdivision Map Approval Requirements............................................................. 5-9
17.48.010 - Purpose of Chapter..................................................................................................... 5-9
17.48.020 - Type of Subdivision Approval Required................................................................... 5-9
17.48.030 - Applications Deemed Approved................................................................................ 5-9
17.48.040 - Exceptions to Subdivision Standards....................................................................... 5-10
Chapter 17.50 - Subdivision Design and Improvement Requirements ......................................... 5-11
17.50.010 - Purpose of Chapter...................................................................................................
5-11
17.50.020 - Applicability of Design and Improvement Standards ..............................................
5-11
17.50.030 - Access, Circulation, Streets......................................................................................
5-12
17.50.040 - Energy Conservation................................................................................................
5-14
17.50.050 - Grading.....................................................................................................................
5-15
17.50.060 - Erosion and Sediment Control.................................................................................
5-15
17.50.070 - Landscaping.............................................................................................................
5-15
17.50.080 - Monuments...............................................................................................................
5-16
17.50.090 - Parcel and Block Design..........................................................................................
5-16
17.50. 100 - Public Utilities and Utility Easements......................................................................
5-17
17.50.110 - Residential Density..................................................................................................
5-18
17.50.120 - Public Water System................................................................................................
5-14
17.50.130 - Wastewater...............................................................................................................
5-18
17.50.140 - Storm Drains............................................................................................................
5-18
17.50.150 - Street Lighting..........................................................................................................
5-18
Chapter 17.52 - Tentative Map Filing and Processing.................................................................... 5-19
17.52.010 - Purpose of Chapter................................................................................................... 5-19
17.52.020 - Tentative Map Preparation, Application Contents ................................................... 5-19
17.52.030 - Tentative Map Filing, Initial Processing.................................................................. 5-19
17.52.040 - Evaluation of Application........................................................................................ 5-20
17.52.050 - Review and Decision................................................................................................ 5-20
17.52.060 - Tentative Map Public Hearings................................................................................ 5-21
17.52.070 - Tentative Map Approval or Disapproval................................................................. 5-21
17.52.080 - Conditions of Approval............................................................................................ 5-23
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Contents
17.52.090 - Effective Date of Tentative Map Approval.............................................................. 5-23
17.52. 100 - Changes to Approved Tentative Map or Conditions ................................................ 5-24
17.52.110 - Completion of Subdivision Process......................................................................... 5-25
17.52.120 - Vesting Tentative Maps........................................................................................... 5-25
17.52.130 - Tentative Map Time Limits, Expiration, and Time Extensions ............................... 5-26
Chapter 17.54 - Parcel Maps and Final Maps................................................................................. 5-28
17.54.010 - Purpose of Chapter...................................................................................................
5-28
17.54.020 - Parcel Maps..............................................................................................................
5-28
17.54.030 - Waiver of Parcel Map..............................................................................................
5-28
17.54.040 - Parcel Map Form and Content.................................................................................
5-28
17.54.050 - Filing and Processing of Parcel Maps......................................................................
5-29
17.54.060 - Parcel Map Approval...............................................................................................
5-29
17.54.070 - Final Maps................................................................................................................
5-29
17.54.080 - Final Map Form and Content...................................................................................
5-29
17.54.090 - Filing and Processing of Final Maps........................................................................
5-29
17.54. 100 - Final Map Approval.................................................................................................
5-30
17.54.110 - Supplemental Information Sheets............................................................................
5-31
17.54.120 - Amendments to Recorded Maps..............................................................................
5-32
Chapter 17.56 - Additional Subdivision Procedures....................................................................... 5-33
17.56.010 - Purpose of Chapter................................................................................................... 5-33
17.56.020 - Lot Line Adjustments............................................................................................... 5-33
17.56.030 - Parcel Mergers.......................................................................................................... 5-34
17.56.040 - Certificates of Compliance....................................................................................... 5-35
Chapter 17.58 - Dedications and Exactions..................................................................................... 5-39
17.58.010 - Purpose of Chapter................................................................................................... 5-39
17.58.020 - Applicability............................................................................................................. 5-39
17.58.030 - Findings Required for Dedications and Exactions ................................................... 5-39
17.58.040 - School Site Dedications........................................................................................... 5-39
17.58.050 - Reservations of Land for Public Facilities............................................................... 5-40
17.58.060 - Right -of -Way Dedications....................................................................................... 5-41
Chapter 17.60 - Improvement Plans and Agreements.................................................................... 5-43
17.60.010 - Purpose of Chapter................................................................................................... 5-43
17.60.020 - Improvement Plans................................................................................................... 5-43
17.60.030 - Installation of Improvements.................................................................................... 5-44
17.60.040 - Improvement Agreements and Security................................................................... 5-44
17.60.050 - Soils Reports............................................................................................................ 5-45
Chapter 17.62 - Reimbursements for Construction........................................................................ 5-47
17.62.010 - Findings and Purpose............................................................................................... 5-47
17.62.020 - Improvements to be Reimbursed.............................................................................. 5-47
17.62.030 - City Eligibility.......................................................................................................... 5-48
17.62.040 - Application for Reimbursement............................................................................... 5-48
17.62.050 - Reimbursement Agreement...................................................................................... 5-48
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Contents
17.62.060 - Collection of Reimbursements................................................................................. 5-49
17.62.070 - Payment of Reimbursements.................................................................................... 5-49
Chapter 17.64 - Surveys and Monuments........................................................................................ 5-51
17.64.010 - Purpose of Chapter................................................................................................... 5-51
17.64.020 - Survey Procedure and Practice................................................................................. 5-51
17.64.030 - Monuments............................................................................................................... 5-52
17.64.040 - Survey Information on Final or Parcel Map............................................................. 5-53
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Applicability and Administration
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 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:
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));
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));
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Applicability and Administration
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(1));
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);
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-term 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
664120)).
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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Applicability and Administration
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).
Approve, conditionally approve, or disapprove all Tentative Maps;
2. Recommend modifications of the requirements of this Article;
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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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Applicability and Administration
TABLE 5-1 - AUTHORITY FOR SUBDIVISION DECISIONS
Amendments to Approved Tentative
and Tentative Parcel Maps and
Conditions
Role of Review Authority
Community
Decision/Appeal
Appeal
Amendments to Recorded Maps
Type of Subdivision Application
Development
Public Works
Appeal
Certificate of Compliance
or Decision
Director
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 (2)
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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Subdivision Map Approval Requirements
CHAPTER 17.48 - SUBDIVISION MAP APPROVAL REQUIREMENTS
Sections:
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
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.
1. 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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Subdivision Map Approval Requirements
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 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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Subdivision Design and Improvement Requirements
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
17.50.120 - Public Water System
17.50.130 - Waste Water
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.
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Subdivision Design and Improvement Requirements
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.
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.
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.
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Subdivision Design and Improvement Requirements
C. Access to subdivision. Every subdivision shall be designed to have access to a City street. Access
shall be provided by:
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.
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.
1. 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.
2. 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.
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Subdivision Design and Improvement Requirements
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.
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 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.
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Subdivision Design and Improvement Requirements
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.
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.
1. 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.
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Subdivision Design and Improvement Requirements
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
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.
1. 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.
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Subdivision Design and Improvement Requirements
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.
1. 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, 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 ofthis 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
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Subdivision Design and Improvement Requirements
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
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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Tentative Map Filing and Processing
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. 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
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 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 17.3 8.060 (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.
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Tentative Map Filing and Processing
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;
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).
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Tentative Map Filing and Processing
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.
1. 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 specified time after recordation of the Parcel Map,
where road improvements are required.
2. Condominiums. Any applicable findings required by the Map Act for condominium
conversions.
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:
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Tentative Map Filing and Processing
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
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
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:
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;
Carry out the specific requirements of this Article;
4. Secure compliance with the requirements of this Article and the General Plan;
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Tentative Map Filing and Processing
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;
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).
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.
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Tentative Map Filing and Processing
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
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 Final Maps), to complete the
subdivision, unless a Parcel Map has been waived in compliance with Section 17.54.030
(Waiver of Parcel Map).
2. 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.
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Tentative Map Filing and Processing
1. 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.
E. 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.
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.
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Tentative Map Filing and Processing
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:
a. 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.
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Parcel Maps and Final Maps
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
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.
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Parcel Maps and Final Maps
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.
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:
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
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Parcel Maps and Final Maps
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 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.
1. 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.
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Parcel Maps and Final Maps
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, unless the Community Development Director determines that the
type of information required would be more clearly and understandably presented in the form of a
report or other document. The additional map sheet or sheets shall be prepared in the same manner
and in substantially the same form as required for Parcel Maps by Section 17.54.040 (Parcel Map
Form and Content).
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.
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Parcel Maps and Final Maps
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 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).
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Additional Subdivision Procedures
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.
1. 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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Additional Subdivision Procedures
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.
2. 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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Additional Subdivision Procedures
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.
1. 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.
2. 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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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Additional Subdivision Procedures
D. Review and approval.
1. 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.
Effective date of certificate. A Certificate of Compliance shall not become final until the
document has been recorded by the County Recorder.
E. 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.
1. Application. An application for a Conditional Certificate of Compliance shall be prepared and
include the same materials as a Certificate of Compliance.
2. 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).
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.
6. Effective date of certificate. A Conditional Certificate of Compliance shall not become
effective until the document has been recorded by the County Recorder.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Dedications and Exactions
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:
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.
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
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Dedications and Exactions
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.
F. 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 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
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Dedications and Exactions
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:
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
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Dedications and Exactions
or Bikeways Master Plans, applicable Specific Plan, or implementing legislation, the subdivider
shall dedicate land as is necessary to provide for these ways.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Improvement Plans and Agreements
CHAPTER 17.60 - IMPROVEMENT PLANS AND AGREEMENTS
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.
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).
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Improvement Plans and Agreements
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 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.
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.
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Improvement Plans and Agreements
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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Reimbursements for Construction
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 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 per the 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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Reimbursements for Construction
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:
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;
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 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:
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.
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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Reimbursements for Construction
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:
Service connection to the utility covered by the reimbursement agreement;
2. Filing of a Final Map;
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.
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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Surveys and Monuments
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.
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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Surveys and Monuments
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).
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 Parcel 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;
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Surveys and Monuments
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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
ARTICLE
Development Code Administration
Chapter 17.66 - Administrative Responsibility.................................................................................. 6-3
17.66.010 - Purpose of Chapter..................................................................................................... 6-3
17.66.020 - Planning Agency Defined........................................................................................... 6-3
17.66.030 - City Council............................................................................................................... 6-3
17.66.040 - Planning Commission................................................................................................. 6-3
17.66.050 - Site Plan and Architectural Approval Committee (SPARC) ...................................... 6-4
17.66.060 - Community Development Director............................................................................ 6-4
Chapter 17.68 - Nonconforming Uses, Structures, and Parcels....................................................... 6-5
17.68.010 - Purpose of Chapter..................................................................................................... 6-5
17.68.020 - Restrictions on Nonconforming Uses and Structures ................................................. 6-5
17.68.030 - Nonconforming Signs................................................................................................. 6-9
17.68.040 - Single -and Multi -Family Dwelling Units Exempt ..................................................... 6-9
17.68.050 - Public Structures and Utilities Exempt....................................................................... 6-9
17.68.060 - Nonconforming Parcels.............................................................................................. 6-9
17.68.070 - Conformity of Uses Requiring Use Permits............................................................. 6-10
17.68.080 - Unlawful Uses and Structures.................................................................................. 6-10
17.68.090 - Nuisance Abatement................................................................................................. 6-11
Chapter17.70 Appeals....................................................................................................................... 6-13
17.70.010 - Purpose of Chapter................................................................................................... 6-13
17.70.020 - Commission's Review.............................................................................................. 6-13
17.70.030 - Council's Review..................................................................................................... 6-13
17.70.040 - Eligibility.................................................................................................................. 6-14
17.70.050 - Appeal Subjects and Jurisdiction............................................................................. 6-14
17.70.060 - Appeal Filing, Processing, Review and Action........................................................ 6-15
Chapter17.72 - Amendments............................................................................................................ 6-17
17.72.010 - Purpose of Chapter...................................................................................................
6-17
17.72.020 - Applicability.............................................................................................................
6-17
17.72.030 - Initiation of Amendments.........................................................................................
6-17
17.72.040 - Hearings and Notice.................................................................................................
6-18
17.72.050 - Commission's Action on Amendments....................................................................
6-18
17.72.060 - Council's Action on Amendments...........................................................................
6-18
17.72.070 - Findings and Decision..............................................................................................
6-19
17.72.080 - Effective Date...........................................................................................................
6-20
17.72.090 - Prezoning..................................................................................................................
6-20
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Contents
Chapter 17.74 - Public Hearings....................................................................................................... 6-21
17.74.010 - Purpose of Chapter................................................................................................... 6-21
17.74.020 - Notice of Hearing..................................................................................................... 6-21
17.74.030 - Scheduling of Hearing.............................................................................................. 6-22
17.74.040 - Review Authority Decision and Notice.................................................................... 6-22
17.74.050 - Recommendation by Commission............................................................................ 6-23
17.74.060 - Effective Date of Decision....................................................................................... 6-23
17.74.070 - Hearing Procedures.................................................................................................. 6-23
Chapter17.76- Enforcement............................................................................................................. 6-25
17.76.010 - Purpose of Chapter...................................................................................................
6-25
17.76.020 - Permits and Licenses................................................................................................
6-25
17.76.030 - Official Duty to Enforce...........................................................................................
6-25
17.76.040 - Violations.................................................................................................................
6-26
17.76.050 - Remedies are Cumulative.........................................................................................
6-26
17.76.060 - Inspection.................................................................................................................
6-27
17.76.070 - Permit Revocation or Modification..........................................................................
6-27
17.76.080 - Initial Enforcement Action.......................................................................................
6-29
17.76.090 - Legal Remedies........................................................................................................
6-30
17.76. 100 - Recovery of Costs....................................................................................................
6-31
17.76.110 - Additional Permit Processing Fees...........................................................................
6-32
17.76.120 - Reinspection Fees.....................................................................................................
6-32
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Administrative Responsibility
CHAPTER 17.66 - ADMINISTRATIVE RESPONSIBILITY
Sections:
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
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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Administrative Responsibility
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.
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:
1. 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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Nonconforming Uses, Structures, and Parcels
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
17.68.010 - Purpose of Chapter
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.
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;
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Nonconforming Uses, Structures, and Parcels
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.
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.
d. 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).
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.
£
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.
c. 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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Nonconforming Uses, Structures, and Parcels
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.
B. 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.
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.
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.
a. 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.
b. 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
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Nonconforming Uses, Structures, and Parcels
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.)
7. 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
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).
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Nonconforming Uses, Structures, and Parcels
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 Exempt
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 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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Nonconforming Uses, Structures, and Parcels
B. Limitations on use of nonconforming parcels. Nonconforming parcels shall be developed and
used only as follows.
1. 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
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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Nonconforming Uses, Structures, and Parcels
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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Appeals
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 - Application 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 Review
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.
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 Review
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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Appeals
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 - Eligibility
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:
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.
17.70.060 - Appeal Filing, Processing, Review and Action
A. Timing and form of appeal.
Appeal applications shall be submitted before 5:00 p.m. on the l Oth 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.
The appeal application shall:
a. Specifically state the pertinent facts of the case and the basis for the appeal;
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Appeals
LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
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.
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.
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;
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
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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Amendments
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 - Applicability
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.
A. Who may initiate an amendment. An amendment may be initiated by:
The Council;
2. The Commission;
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.
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LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
Amendments
B. Application filing and processing.
An application for an amendment shall be filed and processed in compliance with Chapter
17.38 (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 Notice
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 Amendments
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 Amendments
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.
If the Council proposes to adopt any substantial modification to the amendment not previously
considered by the Commission during its hearings, the proposed 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.
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Amendments
17.72.070 - Findings and Decision
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.
1. Findings required for all Zoning Map/Development Code amendments:
a. 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.
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
A Zoning Map/Development Code amendment shall become effective on the 31 st 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 - Prezoning
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.
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Amendments
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.
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Public Hearings
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 et seq.), and as required by this Chapter.
A. Contents of notice. Notice of a public hearing shall include:
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 description, in text
and/or by diagram, of the location of the property that is the subject of the hearing; and
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).
1. 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.
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Public Hearings
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.
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 Hearing
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.
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.
The decision of the Council on any matter shall be final.
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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.
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 Commission
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 Procedures
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.
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Enforcement
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 Chapter
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 Licenses
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 Enforce
A. Designated City officials. The City Manager amd Director may:
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.
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Enforcement
17.76.040 - Violations
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 - Inspection
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.
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Enforcement
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.
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.
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:
1. 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;
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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
f. 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.
2. 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:
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;
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.
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Enforcement
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.
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 Remedies
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.
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.
1. 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
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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.
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 Costs
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.
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.
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 parry 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.
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.
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Enforcement
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.
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 Fees
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.
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Enforcement
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.
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 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.
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.
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ARTICLE 7
Definitions
Division17.78 - Definitions.................................................................................................................. 7-3
17.78.010 - Purpose of Article.................................................................................................... 7-3
17.78.020 - Definitions of Specialized Terms and Phrases......................................................... 7-3
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Definitions
DIVISION 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 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:
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").
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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
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.
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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.
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.
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7. 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.
1. 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.
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
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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."
B. 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
See also, "Automated Teller Machine," above.
Bar. See "Night Clubs and Bars."
other investment companies
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
Building. See "Structure."
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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")
film processing laboratories
C. Definitions, "C."
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 et 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.
Cell site. A geographical area with a radius of two to eight miles that contains both transmitting and
receiving antennae.
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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 political organizations
civic, social and fraternal organizations professional membership organizations
labor unions and similar 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:
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.
(2) No more than two infants are cared for during any time when more than six
children are being cared for.
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(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 provide 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
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boundaries may be filled with air, earth, 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 crops
flowers and seeds
fruits
grains
grapes
melons
ornamental crops
tree nuts
trees and sod
vegetables
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.
D. 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.
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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, 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.
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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:
appliances such as stoves/ovens, refrigerators,
freezers, laundry equipment, fans, vacuum
cleaners, sewing machines
aviation instruments
computers, computer components, and
peripherals
electrical transmission and distribution equipment
electronic components and accessories,
semiconductors, integrated circuits, and
related devices
electronic instruments, components and
equipment such as calculators and computers
electrical welding apparatus
lighting and wiring equipment such as lamps and
fixtures, wiring devices, vehicle lighting
industrial apparatus
industrial controls
instruments for measurement, testing, analysis
and control, associated sensors and
accessories
miscellaneous electrical machinery, equipment and
supplies such as batteries, X-ray apparatus and
tubes, electromedical and electrotherapeutic
apparatus, electrical equipment for internal
combustion engines
motors and generators
optical instruments and lenses
photographic equipment and supplies
pre-recorded magnetic tape
radio and television receiving equipment such as
television and radio sets, phonograph records
and surgical, medical and dental instruments,
equipment, and supplies
surveying and drafting instruments
telephone and telegraph 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). An informational document used to assess the physical
characteristics of an area and to determine what effects will result if the area is altered by a proposed
action, prepared in compliance with the California Environmental Quality Act (CEQA).
Equipment Rental, Indoor. Service establishments which may offer a wide variety of materials
and equipment for rental. Construction equipment rental is separately defined.
F. 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
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who live in Lodi year-round is treated the same as other permanent housing (i.e., single family or
multi-fmaily). Seasonal or migrant farmworker housing is treated the same as group residential.
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
restaurants
coffee roasting
dairy products manufacturing
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
from stores or product processing
soft drink production
miscellaneous food item preparation from raw
products
May include tasting and accessory retail sales of beverages produced on site. A tasting facility
separate from the manufacturing facility is included under the definition of "Night Clubs and Bars"
if alcoholic beverages are tasted, and under "Restaurant" if beverages are non-alcoholic.
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
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public building furniture and partitions, shelving, lockers and store furniture; and miscellaneous
drapery hardware, window blinds and shades. Includes wood and cabinet shops, but not sawmills or
planing mills.
G. 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 et 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' supplies
bakeries (all production in support of on-site
sales)
bicycles
books
cameras and photographic supplies
clothing and accessories
collectibles (cards, coins, comics, stamps,
etc.)
department stores
drug and discount stores
dry goods
electronics/TV
fabrics and sewing supplies
florists and houseplant stores (indoor sales
only, outdoor sales are "Plant Nurseries")
gift and souvenir shops
furniture, home furnishings and equipment
general stores
hardware -no outside storage
hobby materials
jewelry
luggage and leather goods
musical instruments, parts and accessories
newsstands
orthopedic supplies
pet supplies sales with no animals but fish
religious goods
small wares
specialty shops
sporting goods and equipment
stationery
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.
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HUD. The United States Department of Housing and Urban Development or its successor.
I. 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.
J. 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.
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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.
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.
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1. 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.
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:
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)):
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.
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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.
Width
Gross Lot
Area
Net Lot
Area
Rear Lot
Line .
...............................................................................................................................................................................................
Side Lot
Lot
Interior Side
Lot
-
Line
Lot Line
Dept
Width
.......................................
Average
Distance
Ikdway
Between
Bdwcm
Front and
Front and
Rear Lot
Hear Lot
Lines
Lines
Street Side
Lot Line
Front Lot
Line
FIGURE 7-1 - LOT FEATURES
Lot of Record. A parcel of land held in separate ownership as shown on the county assessor=s
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."
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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, 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:
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;
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
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
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subdivision, cooperative, condominium, or other form of resident ownership, to accommodate
mobile homes used for residential purposes.
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.
1. Administrative/Business. Establishments providing direct services to consumers, such as
insurance agencies, real estate offices, utility company offices, etc.
2. 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."
Production. Office -type facilities occupied by businesses engaged in the production of
intellectual property. These uses include:
advertising agencies organizations
architectural, engineering, planning and media postproduction services
surveying services photography and commercial art
computer software production and studios
programming services writers and artists offices
educational, scientific and research
4. Professional. Professional offices including:
accounting, auditing and bookkeeping
services
attorneys
counseling services
court reporting services
data processing services
detective agencies and similar services
employment, stenographic, secretarial and
word processing services
literary and talent agencies
management and public relations 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:
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amphitheaters stadiums and coliseums
amusement and theme parks swim and tennis clubs
health and athletic club outdoor facilities tennis courts
miniature golf courses water slides
skateboard parks zoos
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 art/handcrafted 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:
Street furniture;
2. Design amenities related to the street level such as awnings, paseos, arcades;
Visibility into buildings at the street level;
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4. Highly articulated facades at the street level with interesting uses of material, color, and
architectural detailing;
Continuity of the sidewalk with a minimum of intrusions into pedestrian right-of-way;
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
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 limited equipment spas and hot tubs
home electronics and small appliance repair tailors
laundromats (self-service laundries) tanning salons
massage (licensed, theraputic, non -sexual) tattoo parlors
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
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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."
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.
1. 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
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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.
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.
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.
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Definitions
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").
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.
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 consumption, and 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.
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.
S. Definitions, "S."
Schools. Public and private educational institutions, including:
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Definitions
LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
boarding schools
business, secretarial, and vocational schools
community colleges, colleges and universities
elementary, middle, and junior high schools
establishments providing courses by mail
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
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.
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Definitions
LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
L Sight distance area
Buildable area
Rear
setback
Front
setback
Front lot line
FIGURE 7-2
LOCATION AND MEASUREMENT OF SETBACKS
Altematwe front
setback may be
allowed by Director
Flag Pole"
Front
Setback
----- --- ---------------- -
street
FIGURE 7-3
FLAG LOT SETBACKS
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Definitions
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.
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.
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Definitions
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;
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.
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Definitions
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.
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.
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Definitions
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.
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.
Structureibuilding 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).
Article 7 - Definitions Administrative Draft — 9/12
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Definitions
LODI MUNICIPAL CODE - TITLE 17, DEVELOPMENT CODE
FIGURE 7-4
SITE COVERAGE
Building
coverage
Paving
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 City, which affords principal means of access to
abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other
thoroughfare except an alley as defined in this Subsection.
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."
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Definitions
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:
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
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Definitions
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:
freight forwarding services
freight terminal facilities
joint terminal and service facilities
packing, crating, inspection and weighing
services
postal service bulk mailing distribution centers
transportation arrangement services
trucking facilities, including transfer and storage
Two -Family Dwellings. Duplexes and other free-standing structures designed and constructed to
contain two independent dwelling units.
U. Definitions, "U."
Unit. See "Housing Unit."
Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or
maintained.
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,
including the following:
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.
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").
V. 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).
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Definitions
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.
W. 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 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:
1. 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).
Front yard. An area extending across the full width of the lot between the front lot line and
the required setback.
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Definitions
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.
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."
Article 7 - Definitions Administrative Draft — 9/12
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City of Lodi Development Code Update
Draft
Initial Study/Negative Declaration
Prepared by:
City of Lodi
Planning Division
221 West Pine Street
Lodi, California 95240
September 2012
D raft
Initial Study/N egati ve D ed arati on
For
CITY OF LO D I D EV ELO PM ENT CODE UPDATE
September 2012
TABLE OF CONTENTS
1 Project Title..........................................................................................................................1
2 Lead Agency Name and Address....................................................................................1
3 Contact Person....................................................................................................................1
4 Project Location..................................................................................................................1
5 Project Sponsor'sNameand Adress................................................................................1
6 Project Description.............................................................................................................1
7 Surroudning Land Usesand Setting................................................................................3
8 Necessary PublicAgency Approvals ..............................................................................4
Enviromental Factors Potentailly Affected.......................................................................11
Environmental Determination............................................................................................11
Noticeof Availability and Noticeto Adopt a Negative Declaration ............................13
EnvorimentalChecklist.........................................................................................................
15
1
Aesthetics.....................................................................................................................15
2
Agricultural Resources..............................................................................................17
3
Air Quality...................................................................................................................19
4
Greenhosue Gas Emissions .......................................................................................21
5
Biological Resources...................................................................................................23
6
Cultural Resources.....................................................................................................26
7
Geology and Soils.......................................................................................................28
8
Hazardsand Hazardous Materials..........................................................................30
9
Hydrology and Water Quality..................................................................................34
10
Land Useand Planning..............................................................................................37
11
Mineral Resources......................................................................................................39
12
Noise.............................................................................................................................41
13
Population and Housing............................................................................................43
14
Pu bl i c Sery i ces.............................................................................................................
45
15
Recreation....................................................................................................................47
16
Transportation/ Traffic...............................................................................................49
Vi
17 Utilitiesand Service Systems....................................................................................52
18 Mandatory Findingsof Significance ........................................................................54
Dicuments Referenced...................................................................................................................5-1
LIST OF EXHIBITS
Figure2-1: Regional Map................................................................................................................2-5
Figure2-2: City Boundaries.............................................................................................................2-7
Figure2-3: Zoning Map...................................................................................................................2-9
vii
1. PROJECT TITLE:
City of Lodi Development Code Update
2. LEAD AGENCY NAM EAND ADDRESS:
City of Lodi
221 West Pine Street
Lodi, CA 9540
3. CONTACT PERSONS:
Environmental document: Manny Bereket:209-333-6711
4. PROJECT LOCATION
City of Lodi (Citywide Development Code)
5. PROJECT SPONSOR'S NAM EAND ADDRESS:
City of Lodi, Community Development Department
221 W. Pine Street
Lodi CA 95240
6. PROJECT DESCRIPTION
The project involves the update of the City of Lodi Development Code and zoning
map to achieve consistency with the 2010 General Plan that was adopted by the
City Council in April 2010 as well as with changes to Federal and State laws that
have occurred since the adoption of the existing Development Code. The
Development Code update implements the policies of the 2010 General Plan
by classifying and regulating the development and uses of land and
structures within the City through the City's zoning, subdivision, and other
land use regulations. Figure 1 shows the location of Lodi within the greater
San Joaquin Valley region and Figure 2 shows the City's boundaries.
The 2010 General Plan was the subject of a Final Environmental Impact Report
(EIR) that was certified by the City Council in April 2010. As noted above, the
Development Code update is being considered in order to ensure that the Code is
consistent with the 2010 General Plan. Because the Development Code update is
entirely consistent with the 2010 General Plan, this Negative Declaration tiers off of
the 2010 General Plan FEIR(SCH#2009022075) in accordance with Section 15152 of
the CEQA Guidelines As such, the environmental analysis focuses on potential
effects not examined in the 2010 General Plan FEIR.
Together, this Initial Study/ Negative Declaration (ISI ND) and the 2010 General
Plan FEIR constitute the environmental record for the proposed Development
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I Community Development Raining\ NEGDEC12012112-U-02 Negative Declaration for Dev Code
Code update. The 2010 General Plan FEIR can be viewed at Lodi City Hall (221
West Pine Street, Lodi CA 95240) or on the City's website
(http:/ / www.lodi.gov/ community development/ EIR%20pdfs/ EIRs.html).
Artide I contains basic information on the legal framework of the Development
Code and describes the land uses and development -related activities that are
regulated by the Development Code. It also provides information on how to use
the code.
Artide II contains chapters on different types of zoning districts (residential,
commercial, etc.) that areapplicableto publicand private property within the City.
These chapters list the specific types of land uses allowed in each zoning district
and the type of land use/ development permit that must be obtained prior to
initiating each use. Article II also contains basic development standards for each
zoning district and regulationsfor each land use.
Artide III provides development standards that apply across zoning districts,
including requirements for landscaping, off-street parking and loading, and
signage. Article III also contains regulations for specific land uses and
development typesthat may beallowed in avariety of zoning districts.
Artide IV details each type of land use and development permit required by the
Development Code and the City's requirements for the preparation, filing,
processing, and approval of each permit application. This article also sets time
limitsfor exercising a permit, and timeextension procedures.
Artide V comprises the City's subdivision ordinance. Article V provides site
planning and design regulations for new subdivisions, and the procedural
requirements for subdivision approval consistent with the mandates of the
California Subdivision Map Act.
Artide VI provides information on the Development Code's administration,
amendments, enforcement, public hearings, and appeals. Article VII also contains
provisions governing nonconforming structures, uses, and lots.
Artide VIII contains definitions of the specialized and technical terms and phrases
used in the Development Code.
The Development Code update is not intended to fundamentally alter the existing
Code. Rather, its primary purposes are to:
• Ensure consistency with newly adopted 2010 General Plan
• Comply with Federal and State law (specific changes listed below)
• Incorporate existing Code interpretations
• Improve Code organization and usability
2
I Community Development Raining\ NEGDEC12012112-U-02 Negative Declaration for Dev Code
• Close loopholes and correct unclear language
Changes to the Development Code fall into three main categories:
1. Tech n i cal
• Creation of consistent capitalization, punctuation and structure
• Re -phrasing of language to improve consistency of text for legal
purposes
• Elimination of"loopholes" and ambiguity
2. Consistency
• Text changes to ensure internal consistency
• Update for consistency with Federal and State Law
• New development standards
3. Policy Implementation
• New chapters or sections
The Zoning Map, shown on Figure3, hasalso been updated to beconsistent with
2010 General Plan Land Use Map, to include:
• Mixed Use Corridor
• Downtown Mixed Use
• Mixed Use Center
Key elementsthat have been added to the Development Code to implement 2010
General Plan policies include:
• Development Standards for Downtown Mixed Use, Mixed Use
Corridor, and Mixed Use Center Districts, including setbacks, height,
parking and signage.
• Parking standardsfor senior housing developments.
• Density Bonus program.
• Updated antennas( wireless communications section for compliance
with State regulations
Thefollowing changes have been made in accordancewith Stateand Federal
requirements:
• Allowing transitional/ supportive housing by right in the residential
districts.
• Regulations regarding large daycare uses within residential zones
7. SURROUNDING LAND USESAND SETTING:
Lodi is situated in the San JDaquin Valley between Stockton, 6 miles to the south;
Sacramento, thirty-five miles to the north; and along State Route (SR) 99. The City
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I Community Development Raining\ NEGDEG12012112-U-02 Negative Declaration for Dev Code
is located on the main line of the Union Pacific Railroad and is within 5 miles of 1-5
via SR -12. The regional is depicted in Figure 2.1, Regional Location Map.
The MokelumneRiver forms the northern edge of the city; Harney and Hogan lane
southern edge. The Central California Traction Line (CCT) railroad (north of
Kettleman Lane) and SR -99 (south of Kettleman Lane) form the eastern boundary.
The western boundary extends approximately one-half mile west of Lower
Sacramento Road. Lodi (exclusive of White Slough Water Pollution Control
Facility) encompasses an area of 12.3 square miles. Figure 2 — 1: Regional Map
illustratesthe City's location in regional context.
8. NECESSARY PUBLIC AGENCY APPROVALS:
The City of Calabasas is the lead agency with responsibility for approving the
proposed Development Code update. No other public agency approvals are
needed.
4
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J\ Community Development\ Planning\ NEGDEC\ 2012
2.0 PROJECT DESCRIPTION
10
9. ENVI RON MENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project as indicated
by the checklist on the fol lowing pages.
❑
Aesthetics
❑
Agriculture Resources
❑
Air Quality
❑
Greenhouse Gas Emissions
❑
Biological Resources
❑
Cultural Resources
❑
Geology/ Soils
❑
Hazards& Hazardous
❑
Hydrology/ Water
Materials
Quality
❑
Land Use/ Planning
❑
Mineral Resources
❑
Noise
❑
Population/ Housing
❑
Public Services
❑
Recreation
❑
Transportation/ Traffic
❑
Utilities/ Services Systems
❑
Mandatory Findingsof Significance
10. ENVIRONMENTAL DETERMINATION
❑ I find that the proposed project could not have a significant effect on the environment, and a
Negative Declaration will be prepared.
® 1 find that although the proposed project could have a significant effect on the environment, there
will not be a significant effect in this case because revisions in the project have been made by or
agreed to by the project proponent. A Mitigated Negative Declaration will be prepared.
❑ I find that the proposed project MAY have a significant effect on the environment, and an
Environmental Impact Report is required.
❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially
significant unless mitigated" impact on the environment, but at least one effect 1) has been
adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been
addressed by mitigation measure based on the earlier analysis as described on attached sheets. An
Environmental Impact Report is required, but it must analyze only the effects that remain to be
addressed.
❑ I find that although the proposed project could have a significant effect on the environment, because
all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Negative
Declaration pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to
that earlier EIRor Negative Declaration, including revisions or mitigation measuresthat are imposed
upon the proposed project, nothing further is required.
Konradt Bartlam, Community Development Director Date
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NOTICE OF AVAILABILITY AND NOTICE TO OF INTENT TOADOPT A
NEGATIVE DECLARATION FORTHECITYOFLODI DEVELOPMENTCODE
UPDATE
Notice is herby given that the City of Lodi has performed a comprehensive evaluation of
the potential impacts for the proposed Development Code Update in accordance with the
CEQA Guidelines. This Notice is to advise interested individuals that the City of Lodi
intendsto adopt a Negative Declaration for the project described below.
The initial study prepared by the City was undertaken for the purpose of determining
whether the proposed Development Code Update may have a significant effect on the
environment. On the basis of the initial study, Community Development Department staff
has concluded that the proposed Development Code Update will not have a significant
effect on the environment, and therefore has prepared a proposed Negative Declaration
12-N D-02. The initial study reflects the independent judgment of the City.
In accordance with provisions of the CEQA Guidelines, the Draft Negative Declaration
tiers off of the 2009 General Plan Final Environmental Impact Report (FEIR) (SCH#
2009022075 that was certified by the City Council in April 2010. Together, this Draft
Negative Declaration and the 2009 General Plan FEIR constitute the environmental record
for the proposed Development Code Update. The 2010 General Plan FEIR can be viewed
at Lodi City Hall (221 West Pine Street, Lodi Ca 95240) or on the City's website
http:/ / www.lodi.gov/ com dev/ EIRs.html
FI LE N U M BER: 12-N D-02
PROJECT TITLE: City of Lodi Development Code Update
PROJECT LOCATION: The Lodi Master Plans study area includes the current city
boundaries. Lodi (exclusive of White Slough Water Pollution Control Facility)
encompasses an area of 12.3 square miles.
PROJECT DESCRIPTION: The project involves the update of the City of Lodi
Development Code and zoning map to achieve consistency with the 2010 General Plan
that wasadopted by the City Council in April 2010aswell aswith changesto Federal and
State laws that have occurred since the adoption of the existing Development Code. The
Development Code update implementsthe policies of the 2010 General Plan by classifying
and regulating the development and uses of land and structures within the City through
theCity'szoning, subdivision, and other land use regulations.
PUBLIC REVIEW PERIOD: As mandated by State law, the minimum public review
period for this document is 20 days. The proposed Negative Declaration will be circulated
for a 20 -day public review period, beginning on Wednesday, September 19, 2012 and
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,k\ Community Development\ Pla ring\ N EGDEC\ 2012\ 12-U-02 Negative Declaration for De✓ Code
ending on Monday, October 8, 2012. Copies of the Draft Negative Declaration and Draft
Development Code documents are available for review at thefollowing locations:
• Community Development Department, 221 West Pine Street, Lodi, CA 95240
• Lodi Public Library, 201 West Locust Street, Lodi, CA 95240
The Negative Declaration and Draft Development Code Update are also available for
review on the Internet at the following web address:
http:/ / www.lodi.gov/ com dev/ EIRs.html
Any person wishing to comment on the Initial Study and proposed Negative Declaration
must submit such comments in writing no later than 5:30 pm on Monday, October 08,
2012to the City of Lodi at thefollowing address:
Community Development Director
City of Lodi
P. O. Box 3006
Lodi, CA 95241
Facsimiles at (209) 333-6842 will also be accepted up to the comment deadline (please mail
the original). For further information, contact Immanuel Bereket, Associate Planner, at
(209)333-6711.
Konradt Bartlam, Community Development Director
City of Lodi
P. O. Box 3006
Lodi, CA 95241
A publ ic heari ng w i I I be scheduled before the Planning Commission and City Council to
receive comments on the document and to adopt the Negative Dedaration. This meeting
will beseparately noticed when thedateand timeareset.
Konradt Bartlam, Community Development Director Date
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Less Than
Potentially sgnificEnt Less -Then- No
I slues 9giificent With 9giificent I mpact
I mpact Mitigation I mpact
Incorporated
1
AESTHETICS.
Waldtte 8461.
a H ate a substantial adverse effect on a scenic vista? ❑ ❑ ■ ❑
b. Rabstaitially damage scenic resources, including, ❑ ❑ ■ ❑
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highwa/.?
c. _%bstantially degrade the existing visual character or ❑ ❑ ■ ❑
qual ity of the site and its surroundi ngs?
d. Create a new source of substantial light or glare ❑ ❑ ■ ❑
which would adversely affect day or nightti me views
in the area?
a -d) The updated provisions of the Development Code would implement 2010 General
Plan policies and the impacts of implementing the Development Code would be
similar to those identified in the 2010 General Plan FEIR. As identified in the FEIR,
impacts to scenic vistas, scenic resources, visual character, and light/ glare conditions
could occur. However, proposed General Plan policies identified in the FEIR would
reduce such impacts to below a level of significance. Moreover, land use and
development standards contained in Article 11 and site planning and design standards
contained in Development Code Article III would further reduce the potential for
aesthetic i m pacts.
The proposed Development Code also includes an update of the antennas/ wireless
communications facilities section's (Development Code Section 17.36.140) standards
for compliance with State and Federal regulations. This section would ensure that
proposed facilities would not affect scenic resources by prohibiting such facilities
within residential districts (other than in public rights-of-way) and by providing
standards requiring use of subdued colors, non -reflective materials, landscape
screening, and architecturally compatible elements.
Overall aesthetic impacts would be similar to those described in the 2030 General Plan
FEIR and, with implementation of General Plan policies and Development Code
standards, would be less than significant.
,k\ Community Development\ Planning\ N EGDEC\ 2012\ 12-U-02 Negative Declaration for De✓ Code
15
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I ssues
2 AGRICULTURE RESOURCESt
In cfdaniringt Wtvirrpactstoagialtuzi reuxaesare
sgifiaxi ewro-rrmtd dfat,5 lesdayresrreyrdirtothe
Cdifo7laAgiatitud LaridEtdte'icnandSteAsawret
Mad (1997)p-qm aibytheCdiforria Dgct. d Caw,dirn as
an cpfia-d nub tousein amssdriginpactsar agiak eand
fandand Wald theR-get:
Less Than
Potentially significant Less-Then-
9gnificant With significant
I mpact Mitigation I mpact
Incorporated
No
Impact
a Convert Prime Farmland, Unique Farmland, or
❑ ❑
❑ ■
Farmland of Statewide I mportanoe (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program in the
California Resources Agency, to non-agricultural
use?
b. Conflict with existing zoning for agricultural use, or
❑ ❑
❑ ■
a Wi l l iamson Act contract?
C. Conflict with existing zoning for, or cause rezoning
❑ ❑
❑ 0
of forest land (w defined in PRC Sec. 4526), or
timberland zoned Timberland Production (as
defined in PRC Sec. 51104 (g)?
d. Result in loss of forest land or conversion of forest
❑ ❑
❑ 0
land to non -forest use?
e. I nvolveother changes in the Existing environment
❑ ❑
❑ ■
which, due to their location or nature, could result
in conversion of Farmland, to non-agricultural use?
a -e) The updated provisions of the Development Code would implement 2010 General
Plan policies and the impacts of implementing the Development Code would be
similar to those identified in the 2010 General Plan FEIR. The proposed project would
have no effect on Prime Farmland, Unique Farmland, or Farmland of Statewide
Importance as farming, gardening, and similar uses would be allowed in all zoning
districts by right. No impact would occur with respect to this issue.
17
,k\ Community Development\ Planning\ N EGDEC\ 2012\ 12-U-02 Negative Declaration for De✓ Code
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ssues
Potentially
Significant
I mpact
Less Than
Significant
With
Mitigation
Incorporated
Less -Than-
Significant
I mpact
No
I mpa t
3 AI R QUALI TY.
WaldYBFP 46d..
a Conflict with or obstruct implementation of the
❑
❑
❑
■
applicable air quality plan?
b. Viol ate any air qual ity standard or contribute
❑
❑
■
❑
substantially to an existing or Projected air quality
violation?
C. Result in a cumulatively considerable net increase
❑
❑
■
❑
of any criteria pollutant for which the Project
region is non -attainment under an applicable
federal or state ambient air quel i ty standard
(including releasing emissonswhich exceed
quantitative thresholds for ozone precursors)?
d. Expose sensitive receptors to substantial pollutant
❑
❑
■
❑
concentrations?
e. Create objectionable odors affectingasubstantiai
❑
❑
❑
■
number of people?
a) Growth regulated by, and the impacts of, the Development Code would be similar
to those identified in the 2010 General Plan FEIR. Generally, a project would conflict
with or potentially obstruct implementation of an air quality plan if it would
contribute to population growth in excess of that forecasted in the air quality
management plan (California Air Resources Control Board, 2007). The proposed
update to the Development Codewould not result in an increase of population for the
City beyond that forecast in the 2010 General Plan FEIR. Consequently, as noted in the
FEIR, the Development Code update is not expected to generate population in excess
of that envisioned in the local Air Quality Management Plan (AQMP). No impact
would occur.
b -d) As noted above under item a, the proposed Development Code updatewould not
facilitate development beyond that forecast in the 2010 General Plan FEIR. Therefore,
no impacts beyond those identified in the FEIRwould occur and both temporary and
long-term air quality impactswould be lessthan significant.
e) Growth regulated by the Development Code update generally would not be
expected to create odors or expose people to odors. Zoning districts contained in
Article 11 of the Development Code and site planning and design standards contained
in Article III would further reduce the potential for odor impacts by ensuring that
incompatible uses are not located in proximity to each other or that compatibility
issues are addressed through site design. No impact would occur with respect to
od ors.
19
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Less Than
Potentially Significant Less -Than- No
I ssues Significant With Significant
I mpact Mitigation I mpact I mpad
I ncorporated
4 GREENHOUSE GASEMISSIONS
Ward thePr(jad.
a Generate greenhouse gas emissons,Either directly ❑ ❑ ❑ ■
or indirectly, that may ha(easignificant impact on
the envi ronment?
b. Conflict with an applicable plan, policy or ❑ ❑ ❑ ■
regulation adopted for the purpose of reducing the
emissonsof greenhousegaseO
a -b) Growth regulated by the Development Code update generally would not be
expected to create odors or expose people to odors. Zoning districts contained in
Article I I of the Development Code and site planning and design standards contained
in Article III would further reduce the potential for odor impacts by ensuring that
incompatible uses are not located in proximity to each other or that compatibility
issues are addressed through site design. No impact would occur with respect to
od ors.
21
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Potentially
Potentially Significant Less -Than- No
I ssues significant With significant
I mpact Mitigation I mpact Impact
Incorporated
5 BIOLOGICAL RESOURCES
Wald thep ao
a Have a substantial adverse effect, either directly or ❑ ❑ ■ ❑
through habitat modifications, on any species
identified as a candidate, sensitive, or special status
species in local or regional plans, policies, or
regulations, or by the California Department of
Fish and Ganeor U.S Fish and Wildlife Service?
b. Have a substantial adverseeffect on any riparian ❑ ❑ ■ ❑
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations or by the CaliforniaDepa-tment of
Fish and Gameor U.S Fish and Wildlife Service?
C. Haveasubstantial adverse effect on federally ❑ ❑ ■ ❑
protected wetlands as defined by Section 404 of
the Geen Water Act (including, but not limited to,
mash, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or other
means?
d. I nterf ere substantially with the movement of any ❑ ❑ ■ ❑
native resident or migratory fish or wildlifespecies
or with established native resident or migratory
wildlifecorridors, or impedetheuseof wildlife
nursery sites?
e. Conflict with any local policies or ordinances ❑ ❑ ■ ❑
protecting biological resources, such asatree
preservation policy or ordinance?
f. Conf lid with the provisions of an adopted Habitat ❑ ❑ ❑ ■
Conservation Plan, Natural Conservation
Community Plan, or other approved local, regional,
or state habitat conservation plan?
a -e) Growth regulated by the Development Code would be consistent with that
identified in the 2010 General Plan FEIR. Therefore, as discussed in the FEIR,
implementation of 2010 General Plan policies would reduce biological resource
impactsto a lessthan significant level.
f) Similar to the 2010 General Plan, the Development Code update would not facilitate
development that would conflict with an adopted Habitat Conservation Plan, Natural
Community Conservation Plan, or other approved local, regional, or State habitat
conservation plan. No impact would occur.
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a -d) Updates to the Development Code with regards to cultural resources involve no
technical changes. No consistency or policy changes are proposed. Therefore, cultural
resource impacts associated with development regulated by the Development Code
would be similar to those identified in the 2010 General Plan FEIR. As discussed in the
FEIR, implementation of 2010 General Plan policies would reduce cultural resource
impacts to a less than significant level. Therefore, as with the 2010 General Plan,
impacts associated with the Development Codewould be lessthan significant.
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Less Thai
Potentially
Significant
Less -Than-
No
I ssues
Significant
With
Significant
I mpad
I mpad
Mitigation
I mped
Incorporated
6 CULTURAL RESOURCES
Ward theP jat:
a Cause a substantial adverse change in the
❑
❑
■
❑
significanceof ahistorical resource as defined in
§15064.5?
b. Cause a substantial adverse change in the
❑
❑
■
❑
significance of an archasologcal resource pursuant
to §15064.5?
c. Directly or indirectly destroy a unique
❑
❑
■
❑
paleontological resource or unique geologic feature?
d. Disturb any human remains, including those
❑
❑
■
❑
interred outside of formal cemeteries.
a -d) Updates to the Development Code with regards to cultural resources involve no
technical changes. No consistency or policy changes are proposed. Therefore, cultural
resource impacts associated with development regulated by the Development Code
would be similar to those identified in the 2010 General Plan FEIR. As discussed in the
FEIR, implementation of 2010 General Plan policies would reduce cultural resource
impacts to a less than significant level. Therefore, as with the 2010 General Plan,
impacts associated with the Development Codewould be lessthan significant.
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I ssues
Potentially
Significant
I mpact
Less Thai
Significant
With
Mitigation
Incorporated
Less -Than- No
Significant
I mped I mpad
7 GEOLOGY AND SOILS
Ward thePhiet:
a Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or
death involving:
i. Rupture of a known earthquake fault, as
❑
❑
■ ❑
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
ii. Strong seismic ground shaking?
❑
❑
■ ❑
iii. Seismic -related ground failure, including
❑
❑
■ ❑
liquefaction?
iv. Landslides?
❑
❑
■ ❑
b. Result in substantial soil erosion, or the loss of
❑
❑
■ ❑
topsoil?
C. Be located on a geologic unit or soil that is unstable,
❑
❑
■ ❑
or that would become unstable as a result of the
Project, and potentially result in on -or off-site
landslide, lateral spreading, subsidence, liquefaction
or collapse?
d. Belocated on expansivesoils, esdefined in Table
❑
❑
■ ❑
18-1-13 of the Uniform Building Code (1994),
creating substantial risksto Iifeor property?
e3 Have soils incapable of adequately supporting the
❑
❑
■ ❑
use of septic tanks or alternative wastewater
disposal systems where sewers Ere not atailablefor
thedisposal of waste Nater?
a -d) There are no mapped surface or subsurface faults that traverse the city and the
city is not listed within a State designated Alquist-Priolo Earthquake Fault Zone. Any
future construction will be required to employ building standards set forth in the
City's Building Code, including specific provisions for seismic design of structures. In
addition, the General Plan FEIR concluded that impacts associated with seismic -
related ground shaking would be reduced to less than significant due to mandatory
compliancewith building codes, policies contained in the General Plan, and mitigation
measures included in the General Plan EIR. These mitigation measures require site-
specific geologic investigation of seismic and geotechnical hazards potential for new
development projects within the city. The proposed project would not change or have
any effect on these existing regulations or mitigation measures; no new impacts
associated with ground shaking or liquefaction would occur.
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As discussed in the Sefety Element of the 2010 General Plan, development regulated by
the 2010 is subject to California Building Code, Fire Code, Municipal Code and other
accepted safety practices. The final version of the 2010 General Plan includes policies
that address potential impacts by requiring site-specific studies for projects.
Development regulated by the Development Codewould be similar to that forecast in
the 2010 General Plan FEIR; thus, impacts would also be similar and would be less
than significant. In addition, the Development Code includes various standards that
would further reducethe potential for geologic impacts.
e) In coordination with the 2030 General Plan, the Development Code would regulate
development in areas where septic systems are used. However, any proposed new
septic systems would be subject to applicable regulatory requirements, including
percolation tests to ensure that such systems can be operated without significant
environmental effects. In addition, 2010 General Plan directs the City to continue
monitoring the operation of existing septic systems and extend sanitary sewer service
into areas where service is lacking if the provision of sewer service is determined to be
technically warranted, economically feasible, and environmentally beneficial. Impacts
would be lessthan significant.
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I slues
Less Thai
Potentially Sgnificent Less -Than- No
Significant With 8gnificEnt
I mpact Mitigation I mpact Impact
Incorporated
8 HAZARDSAND HAZARDOUS MATERIALS.
Ward thePhia t:
a
Create a significant hazard to the public or the
❑ ❑ ■ ❑
environment through the routine transport, use, or
disposal of hazardous materials?
b.
Createasignificant hazard to the public or the
❑ ❑ ■ ❑
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
a
Emit ha¢a-dousemissions or handle hwffdous or
❑ ❑ ■ ❑
acutely havardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
d.
Be located on asite which is included on alist of
❑ ❑ ■ ❑
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant haza-d to the publ is or
the envi ronment?
e
For aProject located within an airport land use
❑ ❑ ❑ ■
plan or, where such a plan has not been adopted,
within two miles of a public airport or public use
airport, would the Project result in asatety hazard
for people residing or working in the Project area?
f.
For a Project within the vicinity of a private
❑ ❑ ❑ ■
airstrip, would the Project result in asafety hazard
for people residing or working in the Project area?
g.
I mpair implementation of or physically interfere
❑ ❑ ■ ❑
with an adopted emergency response plan or
emergency evacuation plan?
h.
Expose people or structures to asignificant risk of
❑ ❑ ■ ❑
loss, injury or death involving wildland fires,
indudingwherewildlandsEye adjaont to
urbanized areas or where residences are intermixed
with wildlands?
a -d) Numerous Federal, State and local regulations regarding use, storage,
transportation, handling, processing and disposal of hazardous materials and waste
have been adopted since the passage of the Federal Resource Conservation and
Recovery Act (RCRA) of 1976. The goal of RCRA is to assure adequate tracking of
hazardous materials from generation to proper disposal. California Fire Code (CFC)
Articles 79, 80 et al., which augment RCRA, are the primary regulatory guidelines
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used by the City and the County of San Joaquin to govern the storage and use of
hazardous materials. The CFC also serves as the principal enforcement document from
which corresponding violations are written.
Senate Bill 1082 (1993) established the "Unified Hazardous Waste and Hazardous
Materials Management Regulatory Program." The Unified Program consolidates,
coordinates, and makes consistent the following hazardous materials and hazardous
waste programs (Program Elements):
• Hazardous Waste Generation (including onsite treatment under Tiered
Permitting)
• Aboveground Petroleum Storage Tanks (only the Spill Prevention Control and
Countermeasure Plan or "SPCC")
• Underground Storage Tanks (USTs)
• Hazardous Material Release Response Plans and Inventories
• California Accidental Release Prevention Program (Cal ARP)
• Uniform Fire Code Hazardous Material Management Plansand Inventories
The Federal government and the State of California have adopted a series of regulatory
requirements pertaining to lead exposure. A discussion of all lead -related regulations can
be found on the Department of Health Services website
(http:/ / www.dhs.ca.gov/ childlead/ html/ GENregs.html).
The following databases were checked for known hazardous materials contamination in
the project area:
• Comprehensive Environmental Response, Compensation, and Liability
Information System (CERCLIS) database
• Geotracker search for leaking underground fuel tanks, Spills-Leaks-
Investigations- Cleanups (SLIC) and Landfill sites
• Cortese list of H azardous Waste and Substances Sites
• The Department of Toxic Substances Control's Site Mitigation and Brownfields
Database.
The abovementioned databases list a number of sites in and around the City. Potential
hazard impacts could occur due to the presence of soil and/ or groundwater
contamination. However, as discussed in the 2010 General Plan EIR, numerous Federal,
State, and local regulations regarding use, storage, transportation, and disposal of
hazardous materials and waste are in place and the 2010 General Plan contains policies
that aim to minimize adverse impacts to health and quality of life associated with
exposure to hazardous materials. Continued compliance with existing regulatory
requirements and General Plan policies would address contamination impacts on a case-
by-case basis. As development regulated by the Development Code would be similar to
that forecast in the2010General Plan FEIR, impactswould belessthan significant.
e, f) The City limits are outside of the Part 77 Horizontal Surface zone of the Lodi Airpark
and Kingdon Executive Airport. Part 77 Horizontal Surface zone consists of the airport's
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primary, horizontal, conical, approach and transitional surfaces. Therefore, no impact is
anticipated.
g, h) The City's newly adopted 2010 General Plan identifies both urban and wildland fire
hazards exist in the Lodi Planning Area, creating the potential for injury, loss of life, and
property damage. Urban fires primarily involve the uncontrolled burning of residential,
commercial, and/ or industrial structures due to human activities. Factors that exacerbate
urban structural fires include substandard building construction, highly flammable
materials, delayed response times, and inadequate fire protection services. The City of
Lodi is not characterized by substantial areas of wildlands. The topography of the City is
relatively homogenous and steep slopes that could contribute to wildland fires are not
common. The City's General Plan indicates that less than one percent of the City and its
immediate vicinity has "Moderate" fire hazard potential. Growth regulated by the
Development Code would be consistent with that forecast in the 2010 General Plan FEIR.
As such, impacts to emergency response would be similar as well. Site planning and
project design standards contained in the Development Code would ensure that
emergency response access is maintained for individual properties within the City.
Impactswould belessthan significant.
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I ssues
Less Thai
Potentially Sgnificent Less -Than- No
Significant With 8gnificEnt
I mpact Mitigation I mpact Impact
Incorporated
9 HYDROLOGY AND WATER QUALITY
Wald the?P qr k:
a
Violate any water quality standards or waste
❑ ❑ ❑ ■
discharge requirements?
b.
-Substaitiallydepletegroundwatersuppliesor
❑ ❑ ❑ ■
interfere substantial lywith groundwater recharge
such that there would beanet deficit in aquifer
volume or a lowering of the local groundwater
table level (i.e., the production rate of pre-existing
nearby wells would drop to alevel which would
not support existing land uses or planned uses for
which permits hate been granted)?
C.
-Substantially alter the existing drainage pattern of
❑ ❑ ■ ❑
the site or area, including through the alteration of
the course of a stream or river, in a manner which
would result in substantial erosion or siltation on -
or off-site?
d.
Substantially alter the existing drainage pattern of
❑ ❑ ■ ❑
the site or area, including through the alteration of
the course of a stream or river, or substantially
increasetherote or amount of surfaoerunoff in a
manner which would result in flooding on- or off-
site?
e.
Create or contribute runoff water which would
❑ ❑ ■ ❑
exceed the capacity of existing or planned
stormwater drainage systems or provide substantial
additional sourcesof polluted runoff?
f.
Otherwise substantially degrade water quality?
❑ ❑ ■ ❑
g.
Place housing within a 100 -year flood hazard area,
❑ ❑ ■ ❑
as mapped on afederal Flood Hazard Bounday or
Flood I nsurence Rate Map or other flood hazard
delineation map?
h.
Raeewithin a 100 -year floodplain structureswhieh
❑ ❑ ■ ❑
would impede or redirect flood flows?
i.
Expose people or structures to asignificent risk of
❑ ❑ ■ ❑
loss, injury or death involving floodi ng, induding
flooding as a result of the failure of a levee or dam?
j.
I nundation by cache, tsunami, or mudflow?
❑ ❑ ■ ❑
a, b) Growth regulated by the Development Code would be Consistent with the General
Plan and with the forecasts contained in the 2010 General Plan FEIR. Any future
development would be required to comply with applicable water quality standards and
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waste discharge requirements. Therefore, any future development would not affect
groundwater supplies or recharge. No impact would occur with respect to these issues.
c -f) Future development would incrementally alter drainage patterns within Lodi by
adding impervious surfaces. However, Development Code does not propose alteration of
any watercourse or specific modification to drainage patterns. As indicated in the General
Plan Final Program EIR, all future development would be required to incorporate
adequate drainage that would transport runoff to local basins and nearby storm channels.
Additionally, the General Plan Growth Management Element and Safety Element policies and
policy actions further protect community members from drainage and flooding harm. All
future developments would be subject to the requirements of the City of Lodi's
Stormwater and Urban Runoff Pollution Control Ordinance, which address provisions
that apply to the discharge, deposit, or disposal of any stormwater and/ or runoff to the
storm drain system and/or receiving waters within any area covered by the National
Pollutant Discharge Elimination System (NPDES) municipal stormwater permit. The FEIR
concluded that implementation of these policies and regulations would reduce impacts to
below a level of significance. Therefore, because development regulated by the
Development Code would be consistent with that forecast in the FEIR, impacts associated
with Development Code implementation would belessthan significant.
g -i) In coordination with the 2030 General Plan, the proposed Development Code would
regulate development within the 100 -year flood zone. However, as discussed in the 2010
General Plan FEIR, 2010 General Plan requires developments to incorporate adequate
mitigation measuresto achievean acceptablelevel of risk from potential flooding hazards.
The FEIR concludes that this and other policies would reduceflood hazards to a less than
significant level. Because development regulated by the Development Code would be
consistent with forecasts contained in the 2010 General Plan FEIR, flooding impacts
associated with Development Code implementation would also be lessthan significant.
j) Lodi is not subject to risks relating to seiche or tsunami. Lodi is located inland from the
Pacific Ocean and as such, is not subject to tsunami hazards. The project limits are
relatively flat and fully urbanized and therefore not susceptible to mudflows. The
potential for exposure to such risks would be the same as that identified for the 2030
General Plan and, with implementation of 2010 General Plan policies and existing City
regulations, would be reduced to a lessthan significant level.
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I ssues
Potentially
Significant
I mpact
LessThan
9gnificrant
With
Mitigation
Incorporated
Less -Than-
Significant
I mpact
No
I mpad
10 LAND USE AND PLANNING.
Ward thePhiet:
a Physically divide an established community?
❑
❑
❑
■
b. Conflict with any applicable land use plan,policy,
❑
❑
❑
■
or regulation of an agency with jurisdiction over the
Project (including, but not limited to the general
plan, specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating on environmental Effect?
C. Conflict with any applicable habitat conservation
❑
❑
❑
■
plan or natural community conservation plan?
j) The proposed update to the Development Code is specifically intended to achieve
consistency with the 2010 General Plan and other relevant plans. The Development Code
would not facilitate any roads or other facilities that would divide an established
community. No adopted habitat conservation plans or natural community conservation
plans apply in Lodi. Allowing transitional/ supportive housing by right within the
Residential Multi- Family (RM) zone and emergency shelters within the Commercial
Limited (CL) zone could have the potential to create land use conflicts relating to visual
compatibility and noise; however, implementation of Development Code standards on
such development would effectively address any potential conflicts as all projects would
be required to comply with applicable development standards and noise restrictions. No
impact relating to land useand planning would occur.
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Less Than
Potentially Significant Less -Than- No
I ssues Significant With Significant
I mpact Mitigation I mpact I mpad
I ncorporated
11 MINERAL RESOURCES
Wald thePh jad.
a Result in the loss of avalabilityof aknown mineral ❑ ❑ ❑ ■
resource that would be of velueto the region and
the residents of the State?
b. Result in the loss of atallabilityof alodly- ❑ ❑ ❑ ■
important mineral resource recovery site delineated
on a local general plan, specific plan or other laid
use plan?
a -b) The 2010 General Plan prohibits the extraction of mineral resources that could result
in significant environmental impacts. Because development regulated by the Development
Codewould be consistent with that regulated by the 2010 General Plan and forecast in the
2010 General Plan FEIR, it would not entail construction of structures or facilities for the
purposes of extraction or exploration of mineral resources. No impact to mineral resources
would occur.
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b. Exposure of persons to or generation of Excessive ❑ ❑ ■ ❑
groundborne vibration or groundborne noise
levels?
c. A substantial permanent increase in ambient noise ❑ ❑ ■ ❑
levels in the Project vicinity above levels Existing
without the Project?
d. A substantial temporary or periodic increase in ❑ ❑ ■ ❑
anbient noise levels in the Project vicinity above
levels existing without the Project?
e. For a Project located within an airport land use plan ❑ ❑ ❑ ■
or, where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the Project expose people residing or
working in the Project area to excessive noise
levels?
f. For a Project within the vicinity of a private airstrip, ❑ ❑ ❑ ■
would the Project expose people residing or
working in the Project area to excessive noise
levels?
a -c) As discussed in Section 4.9 of the 2030 General Plan FEIR, all future developments
could result in the exposure of future developments and residents to higher noise levels
that could exceed the City's Noise Standards. The General Plan Program EIR concluded
that with adherence to the City's Noise Ordinance, impacts would be reduced to a less
than significant level. Future development pursuant to the proposed project would also
be subject to mitigation measures detailed in the General Plan FEIR. The Development
Code would not change any General Plan policies associated with reduction of noise
impacts. Impact would belessthan significant.
d) As discussed in the 2010 General Plan FEIR, construction activity throughout City
could temporarily expose residents and businesses to temporary elevated noise levels.
Similar impacts could occur as a result of Development Code implementation. However,
the proposed Development Code specifies that no construction activities should take place
before seven a.m. or after seven p.m. on any day. Through limitation of construction
activity to times of day when people are less sensitive to noise, impacts would be reduced
to a less than significant level.
e, f) There is no airport located within two (2) miles of the City limits. The closest airport
to the City limits is the Lodi Airpark, located approximately four (4) miles southwest of
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Less Thai
Potentially
Significant
Less -Than- No
I swes
Significant
With
Significant I mpact
I mpact
Mitigation
I mped
Incorporated
12 NOISE
Wald theR96d reap in
a Exposure of persons to or generation of noise
❑
❑
■ ❑
levels in Excess of standa-dsestablished in the local
general plan or noise ordinance, or applicable
standards of other agencies?
b. Exposure of persons to or generation of Excessive ❑ ❑ ■ ❑
groundborne vibration or groundborne noise
levels?
c. A substantial permanent increase in ambient noise ❑ ❑ ■ ❑
levels in the Project vicinity above levels Existing
without the Project?
d. A substantial temporary or periodic increase in ❑ ❑ ■ ❑
anbient noise levels in the Project vicinity above
levels existing without the Project?
e. For a Project located within an airport land use plan ❑ ❑ ❑ ■
or, where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the Project expose people residing or
working in the Project area to excessive noise
levels?
f. For a Project within the vicinity of a private airstrip, ❑ ❑ ❑ ■
would the Project expose people residing or
working in the Project area to excessive noise
levels?
a -c) As discussed in Section 4.9 of the 2030 General Plan FEIR, all future developments
could result in the exposure of future developments and residents to higher noise levels
that could exceed the City's Noise Standards. The General Plan Program EIR concluded
that with adherence to the City's Noise Ordinance, impacts would be reduced to a less
than significant level. Future development pursuant to the proposed project would also
be subject to mitigation measures detailed in the General Plan FEIR. The Development
Code would not change any General Plan policies associated with reduction of noise
impacts. Impact would belessthan significant.
d) As discussed in the 2010 General Plan FEIR, construction activity throughout City
could temporarily expose residents and businesses to temporary elevated noise levels.
Similar impacts could occur as a result of Development Code implementation. However,
the proposed Development Code specifies that no construction activities should take place
before seven a.m. or after seven p.m. on any day. Through limitation of construction
activity to times of day when people are less sensitive to noise, impacts would be reduced
to a less than significant level.
e, f) There is no airport located within two (2) miles of the City limits. The closest airport
to the City limits is the Lodi Airpark, located approximately four (4) miles southwest of
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the Project site, and supports twenty to thirty (20-30) operations per day. The airport's
noise "footprint" does not extend beyond the immediate airport boundary. Therefore, the
City is not subject to excessive noise levels associated with airport operations. No impact
would occur with respect to these issues.
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Less Than
Potentially significant Less -Than- No
I slues significant With significant I mpact
I mpact Mitigation I mpact
I ncorporated
13 POPULATION AND HOUSING
Ward thePhiet:
a I nducesubstantial population growth in an area, ❑ ❑ • ❑
either directly (for example, by proposing new
homes and businesses) or indirectly (e.g., through
extension of roadsor other infrastructure)?
b. D isplaoe substantial numbers of existing housing, ❑ ❑ ■ ❑
necessitating the construction of replacement
housing elsewhere?
c Displacesubstantial numbersof people, ❑ ❑ ■ ❑
necessitating the construction of replacement
housing elsewhere?
a -c) Development regulated by the proposed Development Codewould be consistent with
that regulated by the 2010 General Plan. Consequently, anticipated population growth
under the Development Codewould be consistent with theforecasts contained in the 2010
General Plan FEIR. No exceedance of 9CAG population forecasts for the City is
anticipated. Impacts would be less than significant. The new zoning map is consistent
with the adopted 2030 General Plan land use map. Therefore, though individual
residences could be displaced over time, the Development Code would not facilitate
displacement of substantial numbers of people or housing. Impacts would be less than
significant.
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b. Police protection?
❑
Less Thai
■ ❑
Potentially
Significant Less -Than- No
I ssues
Significant
With Significant I mpad
❑
I mpajt
Mitigation I mpad
e. Other public facilities?
❑
Incorporated
14 PUBLICSERVICES
Wald theRIgisf refit in s t da-itid aokowph�dd i►rpads
as%ddafWth thepWsfm d nava-# dcaflydte-al
gierrnytd fadlitie; nedfa-rxwcr#Oa lydte-el
g iewu td fadlitie; theandndim d vih'd7 aald races
sgryficant eiirawB td irrpeds in acbr toaddtan aaotabfe
s&i(erdicr repmsetinmcr dhs- paforrnB-wclJ6Mwsfa- any
d'thepubiics►,iue;
a Fire protection?
❑
❑ ■ ❑
b. Police protection?
❑
❑
■ ❑
c. Sdnool s?
❑
❑
■ ❑
d. Parks?
❑
❑
■ ❑
e. Other public facilities?
❑
❑
■ ❑
a -i) The Lodi Fire Department (LFD) provides fire protection, basic life support (BLS), fire
prevention, technical rescue, and hazardous materials response services to the City of
Lodi. Growth regulated by the proposed Development Code would be consistent with
that regulated by the 2010 General Plan and forecast in the 2010 General Plan FEIR.
Therefore, because it was determined that implementation of proposed 2010 General Plan
policies would reduce potential impacts to below a level of significance, impacts
associated with the Development Codewould also belessthan significant.
a -ii) The Lodi Police Department provides law enforcement and animal services to the
City of Lodi. As discussed in the 2010 General Plan, forecast growth within Lodi would
incrementally increase demand for police protection service. However, forecast growth
would not create the need for new police protection facilities; therefore, significant
impacts relating to police protection serviceare not anticipated. Because growth regulated
by the proposed Development Code would be consistent with that regulated by the 2010
General Plan and forecast in the 2010 General Plan FEIR, impacts associated with the
Development Codewould also be lessthan significant.
a -iii) The Lodi Unified School District provides public education for grades preschool
through twelve on a traditional calendar system. The proposed Development Codewould
facilitate similar levels of growth as were forecast in the 2030 General Plan FEIR, but
would not create any new impact to schools beyond that noted in the FEIR. Section
65995(h) of the California Government Code (Senate Bill 50, chaptered August27, 1998)
states that payment of statutory fees "...is deemed to befull and complete mitigation of the
impacts of any legislative or adjudicative act, or both, involving, but not limited to, the
planning, use, or development of real property, or any change in governmental
organization or reorganization." Therefore, pursuant to CGC §65995(h) and as identified
in the 2010 General Plan FEIR, impacts relating to school capacity would be less than
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significant assuming that future developers within Lodi continue to pay State -mandated
school impact fees.
a -iv) The City of Lodi operates a total of 27 parks, natural open space areas, and sports
field. Park facilities in Lodi rangefrom mini-parksand tot lotsto larger regional parksand
natural open space areas. Growth regulated by the proposed Development Code would
create similar demand as that forecast for the 2010 General Plan, but would not create any
impacts beyond those identified in the 2010 General Plan FEIR. Consequently, similar to
the 2010 General Plan, impacts relating to parks and recreation would be less than
significant.
a -v) As discussed above, growth regulated by the proposed Development Code is
consistent with that forecast for the 2010 General Plan FEIR, significant impacts relating to
libraries are not anticipated. Impacts relating to other services would be less than
significant.
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Less Thai
Potentially Significant Less -Than- No
I ssues Significant With Significant I mpact
I mpajt Mitigation I mpact
Incorporated
15 RECREATION
a Would the Project increase the use of existing ❑ ❑ ■ ❑
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of thefa ilitywould occur or be
accelerated?
b. Does the Project include recreational facilities or ❑ ❑ ■ ❑
require the construction or expansion of
recreational facilitieswhich might havean adverse
physical effect on the environment?
a -b) Please see the discussion above under Item XIII. a.iv. Impacts relating to recreation
would be less than significant. Growth regulated by the proposed Development Code
would create similar demand as that forecast for the 2010 General Plan, but would not
create any impacts beyond those identified in the 2010 General Plan FEIR. Consequently,
similar to the 2010 General Plan, impacts relating to parks and recreation would be less
than significant.
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Less Than
Potentially Significant Less -Than- No
I slues Significant With Significant
I mpact Mitigation I mpact I mpad
I ncorporated
16 TRANSPORTATION/ TRAFFIC
Wald thePhiet:
a Causean inc-easein trafficwhich issubstantial in ❑ ❑ ■ ❑
relation to the existing traffic load and capacity of
the street system (i.e., result in asubstantial increase
in either thenumber of vehidetrips, thevolumeto
capacity ratio on roads, or congestion at
intersections)?
b. Exceed, either individually or cumulatively, a level
❑
❑
■ ❑
of service standard established by the county
congestion management agency for designated
roads or highways?
c Result in achange in air traffic patterns, induding
❑
❑
❑ ■
Either an increase in traffic levelsor achange in
location that results in substantial safety risks?
d. Substantially increase hazards due to a design
❑
❑
■ ❑
feature (eg., sharp curves or dangerous
intersections) or inoompatible uses (e.g., farm
equipment)?
e. Result in inadequate emergency access?
❑
❑
❑ ■
f. Result in inadequate parki ng capacity?
❑
❑
❑ ■
g. Conflict with adopted polities, plans, or programs
❑
❑
❑ ■
supporting alternative transportation (e.g., bus
turnouts, bicycle racks)?
a -b) As discussed in Section 3.2.13 of the 2010 General Plan FEIR, traffic growth regulated
by the 2010 General Plan could not result in deficiencies to the local circulation system
based on General Plan level of service standards. Growth regulated by the proposed
Development Code would be similar to, but would not exceed, that regulated by the 2010
General Plan. Therefore, although Development Code implementation could create
significant impacts as described above, it would not create any impacts beyond those
identified in the 2030 General Plan FEIR. Therefore, impacts would be less than
significant.
c) Implementation of the proposed Development Code would have no effect on air traffic
patterns. No impact would occur.
d, e) Article III of the proposed Development Code includes specific site planning and
project design standards intended to address such issues as traffic hazards and emergency
access. As such, impacts relating to traffic hazards and emergency access would be less
than significant.
47
,k\ Community Development\ Planning\ NEGD EC\ 2012 12-U-02 Negative Declaration for De✓ Code
f) Article III of the proposed Development Code includes specific parking standards for
the range of land uses that could be regulated by the Code. Implementation of these
standards as individual projects are proposed would address parking demand and reduce
impactsto a lessthan significant level.
f) The purpose of the Development Code is to implement the policies of the 2010 General
Plan, including Circulation Element policies relating to alternative transportation. As
such, the Development Code would not conflict with such policies and no impact would
occu r.
48
J\ Community Development\ Pla ring\ N EGDEC\ 2012\ 12-U-02 Negative Declaration for De✓ Code
a, b e) The City owns and operates the wastewater collection system within its corporate
limits. The collection system includes separate domestic and industrial sewers and related
pumping facilities. Untreated wastewater is piped to the City's treatment plant through
pipes, utilizing both gravity flow and lift stations, where appropriate. The City also owns
the treatment facilities at the White Slough Water Pollution Control Facility (WSWPCF)
located approximately 6 miles southwest of the City. The City has adopted and maintains
a Wastewater Master Plan to estimate future infrastructure and service demands within
Lodi. Bemuse growth regulated by the Development Code is consistent with that
regulated by the 2010 General Plan, sufficient plant capacity would continue to be
available and impacts relating to wastewater servicewould belessthansignificant.
c) The proposed project does not involve any development activity. The project
implements General Plan policies and programs. The project would not facilitate any
substantial new development activity beyond that analyzed in the General Plan FEIR. The
General Plan Program EIR included a mitigation measure which requires all new
development to undertake a site-specific sewer evaluation prior to issuance of grading
permits or otherwise determined as necessary by the City. Because growth regulated by
the Development Code is consistent with that regulated by the 2010 General Plan,
49
,k\ Community Development\ Planning\ N EGDEC\ 2012\ 12-U-02 Negative Declaration for De✓ Code
Less Thai
Potentially
Significant
Less -Than- No
Issues
Significant
With
Significant
I mpat
I mpajt
Mitigation
I mpact
Incorporated
17 UTILITIESAND
SERVICE SYSTEMS
Ward theFr16d..
a
Exceed wastewater treatment requirements of the
❑
❑
■ ❑
applicable Regional Water Quality Control Board?
b.
Require or result in the construction of new water
❑
❑
■ ❑
or wastewater treatment facilities or expansion of
existing facilities, the construction of whim could
cause -significant environmental effects?
c.
Require or result in the construction of new storm
❑
❑
■ ❑
water drainage facilities or expansion of existing
facilities, theconstruction of which could cause
significant environmental effects?
d.
Ha tesufficient water supplies wailableto servethe
❑
❑
■ ❑
Project from existing entitlements and resouroes, or
Ere new or expanded entitlements needed?
e.
Result in adetermination bythewastewater
❑
❑
■ ❑
treatment provider which serves or may serve the
Project that it has adequate capacity to serve the
Project's Projected demand in addition to the
provider's existing commitments?
f.
Be served byalandfill with sufficient permitted
❑
❑
■ ❑
capacity to accommodate the Project's sol id waste
disposal needs?
g.
Comply with federal, state, and local statutes, and
❑
❑
■ ❑
regulations related to solid waste?
a, b e) The City owns and operates the wastewater collection system within its corporate
limits. The collection system includes separate domestic and industrial sewers and related
pumping facilities. Untreated wastewater is piped to the City's treatment plant through
pipes, utilizing both gravity flow and lift stations, where appropriate. The City also owns
the treatment facilities at the White Slough Water Pollution Control Facility (WSWPCF)
located approximately 6 miles southwest of the City. The City has adopted and maintains
a Wastewater Master Plan to estimate future infrastructure and service demands within
Lodi. Bemuse growth regulated by the Development Code is consistent with that
regulated by the 2010 General Plan, sufficient plant capacity would continue to be
available and impacts relating to wastewater servicewould belessthansignificant.
c) The proposed project does not involve any development activity. The project
implements General Plan policies and programs. The project would not facilitate any
substantial new development activity beyond that analyzed in the General Plan FEIR. The
General Plan Program EIR included a mitigation measure which requires all new
development to undertake a site-specific sewer evaluation prior to issuance of grading
permits or otherwise determined as necessary by the City. Because growth regulated by
the Development Code is consistent with that regulated by the 2010 General Plan,
49
,k\ Community Development\ Planning\ N EGDEC\ 2012\ 12-U-02 Negative Declaration for De✓ Code
sufficient plant capacity would continue to be available and impacts relating to
wastewater service would be less than significant.
d) City of Lodi Water supplies and distributes potable water. According to the City's
Urban Water Management Plan (UWMP), the City currently has a net surplus in water
supply given the City's current water entitlements and current water demand. In addition,
year 2010 Projections show the City with a net surplus in water supply. The UWMP
analyzed future growth within the City based on land use assumptions depicted in the
City's General Plan. The proposed Project consists of activation of a well and would
contribute to the City's water supply. The proposed project does not involve any
development activity. The project implements General Plan policies and programs at a
development level that does not exceed that which was analyzed in the General Plan EIR.
Review of future projects will continue to be carried out to ensure that the projects are
consistent with all General Plan Policies and Policy Actions. Impacts on water supplies or
water supply infrastructure would be lessthan significant.
f, g) As indicated in the General Plan EIR, The increased solid waste due to
implementation of the General Plan could be accommodated within the existing landfill
capacity. Adoption of the proposed Master Plans will not facilitate any substantial new
development activity beyond that analyzed in the General Plan EIR, and thuswill not lead
to any significant solid waste production beyond that previously indicated. Furthermore,
compliance with the City's Source Reduction and Recycling Element (SRRE) program,
whereby all future development projects must divert solid waste to meet state diversion
goals associated with AB 939, as well as State and County waste reduction programs and
policies, would reduce the volume of solid waste entering landfills. Review of future
projects will continue be carried out to ensure that the projects are consistent with all
General Plan Policies and Policy Actions and the SRRE program. Adherence to such
requirements would reduce potential impacts associated with solid waste to a less than
significant impact level. Growth regulated by the proposed Development Code would be
consistent with that regulated by the 2030 General Plan and forecast in the 2010 General
Plan FEIR. Therefore, the Development Code would not create any impacts beyond those
identified inthe2010General Plan FEIRand impactswould be lessthan significant.
I slues Potential I Less Than Less- N o
50
,k\ Community Development\ Pla ring\ N EGDEC\ 2012\ 12-U-02 Negative Declaration for De✓ Code
18
y 9gnific Ent Than- I mpact
Sgnifican With 5gnifican
t I mpact Mitigation t I mpact
Incorporat
Ed
MANDATORY FIN DINGSOF SIGNIFICANCE
a Does the Project halve the potential to degrade the ❑ ❑ ■ ❑
quality of the environment, substantially reducethe
habitat of afish or wildlife species, cause afish or
wildlifepopulation to drop below self-sustaining
levels, threaten to el iminate a plant or animal
community, reduce the number or restrict the range
of arae or endangered plant or animal or eliminate
important exarplesof the major periods of
California history or prehistory?
b. Does the Project have impacts that are individually ❑ ❑ ■ ❑
limited, but cumulatively considerable?
("Cumulativelyoonsiderebld' meansthatthe
incremental effects of aProject aeoonsiderable
when viewed in connection with the effects of past
Projects, the effects of other current Projects, and
theeffectsof probablefutureProjects)?
c. Doesthe Project have environmental effectswhich ❑ ❑ ■ ❑
will cause substantial adverse effects on human
beings, either directly or indirectly?
a) As discussed in Section IV, Biological Resources and Section V, Cultural Resources, the
proposed Development Code does not have the potential to substantially reduce the
habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-
sustaining levels, eliminate a plant or animal community, reduce the number or restrict
the range of a rare or endangered plant or animal or eliminate important examples of the
major periods of California history or prehistory. Impactswould belessthan significant.
b) The proposed Development Code considers cumulative growth within Lodi and, as
discussed throughout this Initial Study, significant cumulative impacts associated with
developed regulated by the Development Code are not anticipated. Consequently, no
cumulatively considerable impacts would occur and impacts would be less than
significant.
c) As discussed in Section 111, Air Quality; Section VI, Geology and Shcs; Section VI I, Hazards
and Hazardous Material Section VI 11, Hydrology and Water Quality; Section XI, Noisy and
Section XV, TranWtation and Traffic, the proposed Development Code would not create
environmental effects that would adversely affect human beings. Impacts would be less
than significant.
51
,k\ Community Development\ Planning\ N EGDEC\ 2012\ 12-U-02 Negative Declaration for De✓ Code
Documents Referenced
52
J\ Community Development\ Flaming\ N EGDEC\ 2012\ 12-U-02 Negative Declaration for Do/ Code
• Alquist-Priolo Earthquake Fault Zoning Act (http:
www.consrv.ca.gov/ dmq/ shezp/ maps/ mora4.htm).
• California Environmental Quality Act Guidelines, asamended.
• California Air Resources Board (CARE), Air Quality and Land Use Handbook.• A
Community Health Perspective, 2005.
• California Air Resources Board (CARE), Ambient Air Quality Standards, last updated
February, 2007.
• California Air Resources Board, California 1990 Greenhouse Gas Emissions Level and
2020 Emissions Limit, 2007.
• California Department of Conservation (CDC), Division of Mines, California
Geological Survey - SMARA Mineral Land Classification Map 2006.
• California Department of Conservation, Division of Land Resource Protection. San
Joaquin County Important Farmland 2006. June 2008.
• . Farmland Mapping and Monitoring Program (2004-2006).
• California Geological Survey (CGS), Probabilistic Seismic Hazards Mapping Ground
Motion Page, http://redirect.conservation.ca.gov/cgs/rghm/psha/pshamap.asp, accessed
February 25, 2010.
• California, State of, Department of Transportation. San Joaquin County Offidally
Designated State Scenic Highways and Historic Parkways 2009. Available online at
http:/ / www.dot.ca.gov/ hq/ LandArch/ scenic highways/ index.htm
• California, Stateof, Department of Transportation. Scenic HighwayGuidelines. Also
available online at
http:/ / www.dot.ca.gov/ hq/ LandArch/ scenic/ guidelines/ scenic hwy_guidelines.pd
f
• California, State of, Water Resources Control Board. GeoTracker. 2008. Available
online at hllp://www.geotracker.swrcb.ca.gov
• Comprehensive Environmental Response, Compensation, and Liability Information System
(CERCLIS) database, http://www.epa.gov/superfund/sites/cursites/, accessed online September
18, 2012.
• Cortese list of Hazardous Waste and Substances Sites,
http://www.dtsc.ca.gov/SiteCleanup/Cortese_List.cfm, accessed online July 2009.
• City of Lodi 2010 General Plan.
• City of Lodi General Plan Environmental Impact Report 2009 (SCH#2009022075)
• City of Lodi. 2003. Stormwater Management Program, January 2003. Prepared by
Black & Veatch Corporation, 2003.
• City of Lodi. 2006. 2005 Urban Water Management Plan: Final Report. Prepared by
RMC, March 2006.
53
,k\ Community Development\ Pla ring\ N EGDEC\ 2012\ 12-U-02 Negative Declaration for De✓ Code
• Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map, Map
Panel Number 06077C0169F, Effective Date October 16, 2009.
• San Joaquin Valley Air Pollution Control District (SJVAPCD), Guide for Assessing
and Mitigating Air Quality Impacts, Technical Document: Information for Preparing
Air Quality Sections in EIRs, Adopted August 20, 1998; January 10, 2002 revision.
• San Joaquin Valley Air Pollution Control District (SJVAPCD), District Air Quality
Plans and Related Reports, Particulate Matter, and Ozone, 2003.
• San Joaquin Valley Air Pollution Control District (SJVAPCD), Ambient Air Quality
Standards and Valley Attainment Status, 2005.
• San Joaquin County, Draft Airport Land Use Compatibility Plan, 2008.
• San Joaquin County Multi -Species Habitat Conservation and Open Space Plan
(Sim SCP).
• State of California, Department of Conservation, Division of Land Resource Protection.
Farmland Mapping and Monitoring Program. Accessed at www.consrv.ca.gov/ dlrp
• Stateof California, Health and Human Safety Code, Section 7050.5.
• State of California, Public Resources Code, Section 5097.5.
• United States, Department of the Interior, Fish & Wildlife Service. National Wetlands
Inventory. WetIandsMepper, AccessadMarch28, 2011. Available online at
http:/ / www.fws.gov/ wetlands/ data/ Mapper.html
• United States, Department of the Interior, Fish & Wildlife Service. The National Map
(created and maintained by U.S. Department of the Interior, Geological Survey).
• United States, Environmental Protection Agency, EnviroMapper for Superfund.
Available online at http:/ / www.epa.gov/ enviro/ sf/ .
. Inventory of US Greenhouse Gas Emissions and Sinks 1990-2006, 2008.
U.S. Department of Transportation, Federal Highway Administration. TheNationaf ScEnic
Byways Program. (http:/ / www.scenic.org/ byways).
• West Yost & Associates, 2005. Technical Memorandum No. l Full Surface Water
Implementation Study, City of Lodi.
• West Yost Associates. 2003. Memo including summary of proposed improvements at
the White Slough WPCF. January 2003.
• West Yost Associates. 2006. Memo including summary of proposed Phase 3
improvements 2007 at the White Slough WPCF. September 2006.
• Western Regional Climate Center, 2005. Website: http://www.wrcc.dri.edu/cgi-
bin/cliMAIN.pl?calodi+nca
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CITY OF LODI
PLANNING COMMISSION
Staff Report
MEETING DATE: October 10, 2012
APPLICATION NO: N/A
REQUEST: Request for Planning Commission to Recommend to the City
Council approval of the Draft Lodi Land Use and Development
Code, Draft Zoning Map, and to certify the Negative
Declaration.
LOCATION: City Wide
APPLICANT: City of Lodi
RECOMMENDATION:
Staff recommends that the Planning Commission recommend that the City Council approve the Draft
Lodi Land Use and Development Code, Draft Zoning Map, and Certify Negative Declaration.
REVIEW AUTHORITY:
Pursuant to Lodi Municipal Code, the Planning Commission is the recommending body for reviewing
amendments to the Lodi Land Use and Development Code and Zoning Map, and the City Council is the
final approval body.
BACKGROUND:
The City of Lodi adopted the current zoning ordinance in 1956. Since adoption, numerous text
amendments have occurred in response to changing development patterns and concerns. However, the
core elements of the 1956 document have remained intact. When the zoning ordinance was first
adopted, the City was less than its current size and most development applications consisted of large
tracts of land with hundreds of residential units. Today, the City is largely being developed with the
majority of land use applications proposing smaller residential subdivisions or more modest commercial
and industrial development.
Following an extensive public outreach period, on April 2010, the City Council considered and approved
of a comprehensive update to the City's General Plan. The 2010 General Plan created new land use
categories, merged several commercial and industrial land use categories, and created a vision for the
City's the next twenty years. The final phase of the General Plan update project consists of updating the
City's Land Use and Development Code to make the Code consistent with the policies of the updated
General Plan.
On September 7, 2011, the City Council authorized the release of a Request for Proposals (RFP) for the
update and implementation of the Development Code, which is intended to complete a process that
began in 1999. The process was halted twice in the past mostly due to staffing and budgeting concerns.
In December 2011, the City entered into a Professional Services Agreement with Raney Planning and
Management, Inc., of Sacramento to facilitate a comprehensive Development Code Update. The City
has been working with Raney Planning and Management on updating the current Zoning Ordinance.
The Land Use and Development Code update includes revisions in order to:
• Consistent with the City's 2010 General Plan
• Comply with Federal and State laws
• Improve the organization and usability of the Code
• Eliminate inconsistencies and remove obsolete text.
J:\Community Development\Planning\STAFF REPORTS\2012\10-10-12 Development Code
On July 11, 2012, a Draft Land Use and Development Code was released for public review. The
Planning Commission held three sessions (July 11, August 8, and September 12, 2012) to review the
Draft Land Use and Development Code. The Draft Development Code was distributed to the Planning
Commission in three segments. The first at the July 7th meeting included the introduction, residential
districts and mixed use zoning districts. At the Commission's August 8th, the commercial and industrial
districts were introduced. On the last meeting, the staff presented landscape ordinance, parking and sing
standards, and standards for specific land uses such as child day care facilities, recycling facilities,
telecommunication facilities etc. The entire Plan as described has been made available on the web -site
with notification being made by both newspaper and to the mailing list of interested parties.
Since July 11, 2012, approximately 6 to 8 residents and other interested parties met with staff to discuss
the proposed zoning amendments. At the conclusion of these workshops, and in response to feedback
received, the Draft Development Code was revised further. Prior to this hearing, a hard copy of the
Development Code incorporating all the changes has been made available for public review and
distributed to interested parties. In addition, a copy of the zoning map was distributed and made public
on the City's website.
DISCUSSION/ANALYSIS:
The purpose of this hearing is for the Planning Commission to review the Draft Development Code. The
attached Draft Development Code incorporates changes and revisions that have occurred as result of
public comments received and internal review of the document. To facilitate discussion on the
Development Code, staff has divided the draft Development Code into three categories: A) residential
and mixed-use zoning districts; B) commercial and industrial districts; C) landscaping, parking, sign and
other specific uses such as childcare centers, home occupation permits, residential density bonus,
etcetera.
A. Residential and Mixed -Use Zoning Districts
The current zoning ordinance contains four different single-family (low density) residential classifications:
R-1 (Single -Family Residential), R-2 (Single -Family Residential), RE -1 (Single -Family Residential,
Eastside) R -LD (Residential Low Density). The zoning designation numbers do not correlate with how
many dwelling units are allowed; instead the numbers simply categorize the various lot sizes within the
same zoning classification. Lot sizes are the only differences between these zoning districts; otherwise,
the same height, lot coverage, setback, parking requirements and other zoning restrictions apply to each
zoning district.
The proposed Development Code merges the R-1, R-2, RE -1, and LD -R zoning districts into a single
land use classification: Low Density Residential. Merging the various single family residential districts
into a single classification will now be consistent with the 2010 General Plan, which provides one Low
Density Residential land use designation. This land use designation is intended for residential
development at densities of two to eight units per acre. Similarly, the proposed Development Code
seeks to merge the current RG -A (Residential Garden Apartments) and RM -D (Residential Medium
Density) zoning districts into Medium Density Residential land use designation. There is no discernible
land use difference between the RG -A and RM -D zoning districts. The RH-D (Residential High Density)
zoning district will remain unchanged. As drafted, the Development Code classifications simplify the
document and eliminate unnecessary duplication of zoning districts. In addition, the three proposed
residential zones (LD -R, MD -R, and HD -R) will now be consistent with the three General Plan land use
designations (LDR, MDR, and HDR) and the General Plan's allowable densities. The table below
summarizes the different proposed changes and relationship to the 2010 General Plan.
J:\Community Development\Planning\STAFF REPORTS\2012\10-10-12 Development Code 2
DEVELOPMENT FEATURE
REQUIREMENT BY ZONING DISTRICT
RLD
RMD
RHD
Minimum lot size
Minimum area, width, and depth required for new parcels.
Area - Single Family
5,000 sq. ft.
5,000 sq. ft.
4,000 sq. ft.
Area - 2-Family
6,000 sq. ft.
5,000 sq. ft.
4,000 sq. ft.
Area - Multi-Family
8,000 sq. ft.
8,000 sq. ft.
Minimum lot area per unit
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 per parcel.
Single Family
5,000 sq. ft.
5,000 sq. ft.
4,000 sq. ft.
2-Family
3,000 sq. ft.
3,000 sq. ft.
2,000 sq. ft.
Multi-Family
4,000 sq. ft. for Vt
nit plus 2,000 sq. ft
for each additional
unit
5,000 sq. ft. for 1" uni
plus 1,000 sq. ft. for
each additional unit
Density
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
0' for two dwelling
50' for one dwelling
60' for two dwellings
Setbacks
Minimum and, where noted, maximum setbacks required. See
Section 17.30.070 for exceptions to these requirements.
Front
15 ft.
Sides (each)
5 ft.
Street side
10 ft.
Rear
10 ft.
Garage
20 ft. from any property line abutting a street, 5 ft. from alley
Site coverage
45%
50%
60%
Height limit
2 stories; not to exceed 35 ft.
4 stories, not to
exceed 60 ft.
(2) Duplex, Corner lots only
Beyond establishing consistency with the General Plan densities will be the concern of the public about
how the change in the zoning numbering scheme affects their property in regard to setbacks, height, lot
coverage and in particular allowable use. For the most part these will remain unchanged. Key changes
affecting residential districts are merging of various low density (single family) residences into a single
zoning district. This makes the document accessible, removes unnecessary redundancy and improves
its usability. In addition, the draft Development Code updates the City's policy regarding second dwelling
units (or granny units) consistent with requirements State Law (Government Code Section 65852.2)
governing residential second units. The amendment related to second dwelling unit is that (a) the
maximum floor plan for a second dwelling unit is now 640 sq. ft. whereas the current zoning ordinance
allows no more than 400 sq. ft.; and (b) the draft Development Code updates procedures allowing a
second dwelling unit by establishing a ministerial review process for second units. A ministerial action is
an objective decision which does not require subjective judgment, and is not subject to public
notification, comment, or appeals.
J:\Community Development\Planning\STAFF REPORTS\2012\10-10-12 Development Code
Mixed -Use Districts:
A key initiative of the 2010 General Plan policy is to create mixed-use designations. The purpose of the
Mixed -Use zoning districts is to provide opportunities for well-designed development projects that
combine residential with nonresidential uses, including office, retail, business services, personal
services, public spaces and uses, and other community amenities designated with the mixed-use land
use designations in the 2010 General Plan. The intent of these zones are to accomplish the following
objectives:
• Create a viable, walkable urban environment that encourages pedestrian activity and
reduces dependence on the automobile, through a streetscape that is connected,
attractive, safe and engaging;
• Provide complementary residential, commercial, and other uses within walking distance of
each other;
• Develop an overall design framework to ensure that the quality, appearance and effects of
buildings, improvements and uses are compatible with 2010 General Plan Community
Design and Livability Element;
• Revitalize commercial corridors with mixed-use developments that attract and encourage
market-driven private investment;
• Encourage parking solutions that are incentives for creative planning and sustainable
neighborhood design.
The proposed mixed-use districts are described as follows:
Downtown -Mixed Use (DMU)
As described in the City's 2010 General Plan, Downtown Mixed Use is intended for a variety of
commercial, office, public, and medium- and high-density (15-35 du/ac) residential uses on infill sites in
the vicinity of Lodi's downtown. This classification encompasses an expanded downtown area, across
the railroad tracks and extending past Main Street. Retail uses or eating and drinking establishments are
required at the ground level. This category intends to maintain the mix, scale and character of downtown
development, while providing opportunities for redevelopment of vacant, and underutilized sites. The
maximum FAR (floor area ratio) for this designation is 3.0, which includes all residential and non-
residential uses combined. At this development intensity all parking is expected to be provided offsite; if
on-site parking is provided, lower development intensities, as specified in the Development Code
Parking Section, would be allowed.
Mixed Use Corridor (MCO)
The Mixed -Use Corridor classification includes a variety of office and general commercial uses, as well
as low, medium, and high-density residential uses along the city's major corridors: Kettleman and
Cherokee lanes and Lodi Avenue. This category allows for somewhat more intensive development along
these corridors to take advantage of vacant and underutilized sites and provide shopping and services to
residents in highly accessible corridors. The maximum FAR for this designation is 1.2. Most of Kettleman
Lane presently is zoned R -C -P (residential, commercial and professional). The RCP zoning district
allows a mixture of uses such as residential development up to medium density; institutions of an
educational or philanthropic nature; business and professional offices such as accountant, architect,
attorney, contractor, doctor, dentist, engineer, insurance agent, real estate agency, finance company,
bank, chiropractor, governmental agency and drive-in offices; beauty shops and barbershops; and rest
and convalescent homes. The proposed Mixed Use Corridor provides development directions, expands
uses allowed and creates design guidelines currently absent.
Mixed Use Center (MCE)
This classification identifies new mixed-use neighborhood centers in the new growth areas of the
General Plan. This category provides for a variety of residential, office, neighborhood commercial and
public uses. The Mixed Use Center designation is prescribed by the 2010 General Plan and applies to
areas currently outside of the City limits but within the General Planning area.
J:\Community Development\Planning\STAFF REPORTS\2012\10-10-12 Development Code 4
B. Commercial and Industrial Districts
Commercial Districts:
The zoning ordinance in effect contains several commercial districts with indiscernible differences.
These commercial districts are C-1 (Neighborhood Commercial), C-2 (General Commercial), R -C -P,
(Residential -Commercial -Professional), C -S (Commercial Shopping) and C -M (Commercial Light
Industrial). The C-1 zoning district permits residential, retail businesses, trade, commercial enterprise or
professional and business office use, undertaken for the purpose of rendering neighborhood service.
The C-2 zoning district allows all uses permitted in the C-1 zoning district and other non -industrial
commercial or business uses. The R -C -P zoning district allows business and professional offices such
as accountant, architect, attorney, contractor, doctor, dentist, engineer, insurance agent, real estate
agency, finance company, bank, chiropractor, governmental agency and drive-in offices. This district is
found along South Fairmont Avenue, and areas around Ham Lane, Pine Street, Vine Street, and
Kettleman Lane. C -S zoning district is effectively used for community/regional shopping centers. Finally,
the C -M district is a transitional district from the commercial districts to industrial districts. This C -M
district is found along Sacramento Street in the Downtown area.
The proposed Development Code consolidates the commercial districts into three districts illustrated on
table below.
EXISTING COMMERCIAL ZONES
PROPOSED COMMERCIAL
ZONES
RELATIONSHIP TO THE
GENERALPLAN
C-1 (Neighborhood Commercial
GC (General Commercial)
District.
Neighborhood/Community
Commercial
C-2 General Commercial
C -M Commercial Light Industrial
R -C -P, (Residential -Commercial-
Professional
O (Office)
Office
C -S (Commercial Shopping)
CC (Community Commercial)
District
General Commercial
The Development Code proposes to merge the C-1, C-2 and C -M zoning districts into a single zoning
designation to create GC (General Commercial) District. The C -M zoning district is the City's only
transitional district from commercial to industrial. C -M zoning district applies areas abutting Sacramento
Street in the Downtown area. Because the C-1 and C-2 zoning districts abut residential properties, and
the C -M district is similar to the C-2 district, the uses permitted over the years on these districts are
similar in nature. It no longer makes planning sense to maintain separate zoning districts with near
identical requirements and zoning regulations.
The R -C -P zoning district is found along Kettleman Lane, Fairmont Avenue and Orange Avenue. This is
the area where medical, dental, and other health-care oriented services are located. The Development
Code proposes to re -designate the area as an Office use, which would permit medical and general
offices. Finally, The CC district applies to the local and regional shopping centers. The Development
Code proposes to re -designate the area with the same requirements in effect. The final product is a
more user friendly document.
Industrial Districts:
Industrial uses vary from commercial uses in that industrial uses typically have increased noise, odor,
dust, smoke, truck traffic, and other items that may be objectionable to adjacent uses. Additionally these
uses tend to require less parking and have different hours of operation than commercial uses as they
are focused on manufacturing products rather than selling to customers. There are two main purposes
of the Industrial Zone: to provide an area of town where industrial uses can be clustered and to buffer
J:\Community Development\Planning\STAFF REPORTS\2012\10-10-12 Development Code
these uses from residential and commercial uses so there are no negative affects from the industrial
operations.
The Industrial Zones in the City can be found east of State Highway 99 and along the UPPR line (Main
Street). Lodi Municipal Code in effect features two classifications: M-1 (Light Industrial) and M-2 (Heavy
Industrial). M-1 zoning district permits light industrial/manufacturing uses such as food processing,
packaging and storage; bottling plants; manufacturing and assembling of jewelry, watches, clocks,
precision instruments, appliances; and other similar manufacturing uses. The M-2 zoning district permits
all uses permitted in the commercial and M-1 zoning districts. Because of that fact the Code in effect
allows uses permitted in the Light Industrial districts in the M-2 zoning district, all types of uses can be
found across both zoning districts, including more commercial type uses in this Industrial Zone. For this
reason, the 2010 General Plan and the Development Code merged the two industrial zoning districts
into a single zoning district as illustrated below.
EXISTING COMMERCIAL ZONES
PROPOSED COMMERCIAL
ZONES
RELATIONSHIP TO THE
GENERAL PLAN
M-1 (Light Industrial
M (Industrial) District.
Industrial
(.6 FAR)
M-2 (Heavy Industrial)
BP (Business Park)
BP (Business Park) District.
Business Park
1.OFAR
The proposed Development Code creates BP (Business Park) Zoning District. This is consistent with the
2010 General Plan and applies to new growth areas of the General Plan. The General Plan identifies the
new growth areas appropriate for planned, visually attractive centers for business that do not generate
nuisances (noise, clutter, noxious emissions, etc.). This zone accommodates campus -like environments
for corporate headquarters, research and development facilities, offices, light manufacturing and
assembly, industrial processing, general service, incubator -research facilities and other similar uses that
generate high employment possibilities.
C. Landscape, off-street parking, sign, and other specific land uses items
Landscape:
The current Municipal Code contains landscape requirements that are in conflict with State
requirements. The California Water Conservation in Landscaping Act of 2006 (AB 1881) requires each
city to adopt a Model Water Efficient Landscape Ordinance developed by the California Department of
Water Resources (DWR) or the city's own local water efficient landscape ordinance that achieves the
same goals or better. The City enforces the State's landscape ordinance, which applies to new
constructions and/or rehabilitated landscapes with landscape areas greater than or equal to 1,000
square feet. The requirements for landscape plans include a landscape documentation package which
consists of project information, a water efficient landscape worksheet, a soil management report, a
landscape design plan, an irrigation design plan and a grading design plan, as part of the Design Review
application. Prior to issuance of a Certificate of Occupancy, a certificate of completion and scheduling of
irrigation and maintenance would be required. The worksheet includes calculation of a Maximum Applied
Water Allowance and Estimated Total Water Use. The Estimated Total Water Use must be less than the
Maximum Applied Water Allowance. These requirements include designation of hydrozones (areas
containing plants with similar water needs) and address in detail soil, plants, water features, mulch,
grading, irrigation systems, and irrigation schedules. Exceptions to the ordinance include: a) projects
with landscape areas less than 1,000 square feet; b) registered historical sites; c) ecological restoration
projects that do not require a permanent irrigation system; d) plant collections, as part of botanical
gardens and arboretums open to the public; and e) cemeteries.
In addition to State requirements, staff has added language to address landscape requirements for all
residential zoning districts. The existing zoning ordinance is silent whether or not residential front and
street side yards should be landscaped and maintained. In stead, the existing ordinance stipulates that
J:\Community Development\Planning\STAFF REPORTS\2012\10-10-12 Development Code 6
"no person shall install or place asphalt, concrete or other similar material upon more than forty-five
percent of any front or street side yard setback."This has lead to un -maintained and dirt front and street
side yards. The Development Code addresses this issue by adding a section in the Development Code
that regulate this issue.
Parking
A key initiative of the Development Code as it relates to parking standards is to modernize the City's
parking requirements. The existing zoning code is restrictive where it needs not be and broad where it
needs to be specific. For example, Industrial/warehouse/manufacturing uses are required to provide one
space for each seven hundred fifty square feet of building, or two parking spaces for every three
employees in the largest shift, whichever is greater. More often than not, parking provided exceeds
demand or need. To address these types of issues, the Development Code revises some requirements,
provides specific details where needed, and adds new standards where appropriate.
The Development Code does not propose major changes to the number of parking spaces required for
new development by land use type. The Development Code proposes to list of the number of parking
spaces required by land use category consistent with the new land use categories. Staff has compared
the proposed parking requirements with the parking generation rates provided by ITE (Institute of
Transportation Engineers). The ITE parking rates provide the industry standard because they are
derived by surveying a number of uses based on various characteristics, such as, urban and suburban
retail stores, retail parking on weekdays, Saturdays, Sundays, and the same in December. Overall the
proposed standards are the same or very similar to the ITE rates.
Sign:
The Development Code does not propose major changes to the existing sign requirements. In its current
form, the Sign Ordinance has been working well for the City and business community. However, it needs
significant update to address the following issues:
Master sign program for large shopping centers: The existing Sign Ordinance does not speak to sign
programs. In the past, the City has approved sign programs though the SPARC and Planning
Commission review process. The most recent example of such a sign program relates to the Reynolds
Ranch development. The proposed Development Code provides clear language and direction for sign
programs. For example, a new nonresidential project with four or more tenants, or a major rehabilitation
work on an existing nonresidential project with four or more tenants that involves exterior remodeling,
would require a sign program.
Programmable electric signs: Electronic reader boards are currently allowed by the Zoning Ordinance
under Section 17.63.080, which reads "Flashing, moving or animated signs are subject to the issuance
of a use permit, and no such permit shall be issued if the sign will tend to cause a traffic hazard." Within
this section, the City has allowed electronic signs in commercial properties. Staff continuously receives
inquiries for electronic signs from churches, health-care related institutions and alike. Staff proposes
minimum standards to safeguard life, health, property and public welfare, and to preserve the unique
character of the town by regulating the size, height, design, quality of materials, construction, location,
lighting and maintenance of electronic signs.
Definition of allowable and prohibited signs: The existing Sign Ordinance does not provide
definitions of allowed and prohibited signs. The proposed Development Code identifies 13 different sign
types which have been determined to be inconsistent with the purposes and standards of the Sign
Chapter.
Maintenance requirements: The proposed Development Code contains language within the sign
ordinance (Section 17.36. 100) for nonconforming or abandoned Signs. The language has been added in
an effort to create a clearer framework for nonconforming and abandoned signs. This section
emphasizes the importance of achieving the eventual elimination of nonconforming signs within the City.
J:\Community Development\Planning\STAFF REPORTS\2012\10-10-12 Development Code
The previous development standard provided a conformance deadline but provided a number of
different ways to maintain a sign's nonconforming status. The proposed Development Code clarifies the
allowed continued uses of nonconforming signs and to minimize the occasions whereby they remain
over the long-term. A significant portion of the proposed development standards are carried over from
the previous standards; however, they are presented in a text format, rather than in a table and the
mechanisms to preserve a nonconforming sign have been limited.
Standards for Specific Land Uses:
This section provides site planning and development standards for various land uses that are allowed in
individual or multiple zoning districts, and for activities that require special standards to mitigate potential
impacts. The regulations contained involve:
Child Day Care Facilities
Residential Density Bonus
Outdoor Storage
Recycling Facilities
Telecommunications Facilities
Home Occupations
Recycling Facilities
Recreational Vehicle Parks
Mobile Home Parks
Recreational Vehicle Parks
A focal point of this code is the introduction of residential density bonus program. State law (Government
Code 6591 5) requires every city and county in California to offer density bonuses to senior housing
projects and developments meeting certain affordability criteria. The State has established a "sliding
scale" which awards density bonuses based on the percentage of units in a proposed development that
are affordable, and the income group served. For example, a new apartment building in which 10
percent of the units are "set aside" for low income households (e.g., rented at rates deemed affordable
to low income households) would be eligible for a 20 percent density bonus. If that same project set
aside 20 percent of the units for low income households, the density bonus would increase to 35
percent. Under State law, cities must offer density bonuses up to at least 35 percent.
In addition, the State Density Bonus law also requires that other incentives be offered in tandem with the
added density. For example, projects may be eligible for reduced setbacks, added height, expedited
permitting, and similar concessions which make the project more feasible. The number of incentives
depends on the depth of affordability and the number of affordable units to be built. State law also
includes provisions for density bonuses if a housing development includes an onsite child care facility.
The City does not currently have an inclusionary housing requirement or housing density bonus
program. The proposed Residential Density Bonus program responds to a State mandate to allow more
density than would ordinarily be allowable for certain types of housing (e.g., senior housing and
affordable housing). It includes requirements for Affordable Housing Agreements which specify the
terms of occupancy, limits on resale (for for -sale units), the number of years during which the unit must
remain affordable, and the eligibility requirements. The purpose of adopting such a program is twofold;
first, it the City hopes to encourage affordable housing by providing the incentive of increased density
and such other Incentives and, second, to comply with state requirements for allowing incentives for
creating affordable and senior housing projects.
The other part of this section of the Code relates to large residential and day care facilities, which are
largely governed by State laws with limited local control. The State has found that it has the
responsibility to ensure the health and safety of children in family homes that provide day care. It has
also found that there is a shortage of regulated family day care homes in California and, with the
increase in working parents, a growing need for such facilities. Local jurisdictions are required by State
law (Health and Safety Code section 1597.46) to grant use permits for large family day care homes "if
the large family childcare home complies with local ordinances, if any, prescribing reasonable standards,
restrictions, and requirements." The Development Code established local control via Use Permit to
ensure site suitability and distance from other similar establishments. The remaining topics raised within
this Chapter mirror the existing Municipal Code.
J:\Community Development\Planning\STAFF REPORTS\2012\10-10-12 Development Code
ENVIRONMENTAL ASSESSMENTS
In accordance with provisions of the CEQA Guidelines, a Negative Declaration (ND) was prepared for
adoption of the proposed Development Code. The Negative Declaration tiers off of the 2010 General
Plan Final Environmental Impact Report (FEIR) that was certified by the City Council in April 2010.
Together, the ND and the 2010 General Plan FEIR constitute the environmental record for the proposed
Land Use and Development Code and Zoning Map Update. The ND is included as Attachment 3. The
ND was made available for public review from Wednesday, September 19, 2012 to Monday, October 8,
2012. A notice of availability was published in the newspaper, posted on the City's web page, posted at
the library and City Hall. A copy of the ND was made available on the City's web page, at the public
counter and at the public library. Since the comment period ends after the distribution of the staff report,
staff will provide the Planning Commission with a list of any comments received as well as responses to
those comments at the public hearing.
PLANNING COMMISSION ACTIONS:
After the Commission completes its review of the proposed Draft Development Code, staff recommends
that attached draft resolution be adopted recommending that the City Council approve the Draft
Development Code, Draft Zoning Map and Negative Declaration. Any additional changes requested by
the Commission would be included in the motion to approve the resolution.
PUBLIC HEARING NOTICE:
ALTERNATIVE PLANNING COMMISSION ACTIONS:
• Approve the request with attached or alternate conditions
• Deny the request
• Continue the request
Respectfully Submitted, Concur,
Immanuel Bereket
Associate Planner
Konradt Bartlam
Community Development Director
ATTACHMENTS:
1. Draft Land Use and Development Code
2. Draft Zoning Map
3. Negative Declaration
4. Draft Planning Commission Resolution
J:\Community Development\Planning\STAFF REPORTS\2012\10-10-12 Development Code 9
PLANNING COMMISSION RESOLUTION NO. 12-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LODI RECOMMENDING TO
THE CITY COUNCIL ADOPTION OF AN ORDINANCE APPROVING THE LAND USE AND
DEVELOPMENT CODE, ZONING MAP AND TO CERTIFY THE NEGATIVE DECLARATION
WHEREAS, California Government Code section 65300 mandates that cities shall adopt a
comprehensive, long-term general plan for the physical development of the City, and of
any land outside its boundaries which in the City's judgment bears a relation to its
planning; and
WHEREAS, on January 20, 2009, the City Council of the City of Lodi adopted a 2010 General Plan
which contains an Implementation Program discussing the need to update the Zoning
Ordinance to reflect the 2010 General Plan; and
WHEREAS, the City Council initiated the comprehensive update to the City's Development Code
September 7, 2011 and entered into a Professional Services Agreement with Raney
Planning and Management, Inc., (Consultant) of Sacramento to facilitate a
comprehensive updating of the current Zoning Ordinance, pursuant to Resolution No.
2011-188; and
WHEREAS, City Staff and the Consultant have been working diligently since that time to complete
the update of the General Plan; and
WHEREAS, the City of Lodi has prepared a draft Development Code, which was released for public
review on July 11, 2012; and
WHEREAS, City staff presented the draft Development Code to the Commission on three different
public hearing occasions (July 11, August 8, and September 12, 2012) to review the
Draft Land Use and Development Code and accept public comments and input; and
WHEREAS, the General Plan Update effort has involved an extensive public participation, including
stakeholder meetings, preparation and circulation of the draft document, numerous
meetings with individual parties and groups, a project web -site, and three duly noticed
public hearings where members of the public made comments and provided directions;
and
WHEREAS, the Land Use and Development Code Update reflects the input of residents,
stakeholders, and public officials, and implements the General Plan's visions and desire
fo.r the community, is adopted in the public's interest, and is otherwise consistent with
federal and state law; and
WHEREAS, pursuant to the California Environmental Quality Act, a Negative Declaration was
prepared that tiers off of the 2010 General Plan Final Environmental Impact Report
(FEIR) that was certified by the City Council in April 2010. Together, the Negative
Declaration and the 2010 General Plan FEIR constitutes the environmental record for
the proposed Land Use and Development Code and Zoning Map Update. The City
Council has considered the Negative Declaration prepared for the Land Use and
Development Code Update; and
The Negative Declaration was available for public review from Wednesday, September
19, 2012 to Monday, October 8, 2012. A notice of availability was published in the
newspaper, posted on the City's web page, and mailed to public agencies. A copy of the.
Negative Declaration was made available on the City's web page, at the public counter
and at the public library.
JACommunity Development%Planning%RE$QLUTION'S12012
WHEREAS, this Planning Commission has reviewed the proposed policy changes set forth in the
draft Development Code; and
WHEREAS, on Wednesday, October 10, 2012 this Planning Commission held a duly and properly
noticed public hearing on the proposed Development Code; and
WHEREAS, this Planning Commission had considered the report prepared by Staff, all public
comments, the policies set forth in the proposed Development Code, reviewed the
proposed Negative Declaration.
WHEREAS, all legal prerequisites to the approval of this request have occurred.
NOW, THEREFORE, BE IT FOUND that the Planning Commission of the City of Lodi hereby
incorporates the staff report and attachments, project file, testimony presented at the time of the
hearing, and written comments, on this matter, and make the following findings:
1. The proposed Development Code is consistent with all of the applicable objectives, policies,
general land uses, programs, and actions of all applicable elements of the General Plan.
2. The proposed Development Code will not be detrimental to the public convenience, health,
safety, or general welfare of the City.
3. The proposed Development Code is internally consistent with other applicable provisions of the
policies.
4. The Planning Commission hereby finds that adopting the Development Code will enhance the
economic opportunities and be consistent with the 2010 General Plan.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED as follows:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. Based on the foregoing, the Planning Commission hereby recommends that the City Council adopt
a Resolution approving a Development Code, amend the Zoning Map and Certify the Negative
Declaration as an adequate environmental documentation.
3. This Planning Commission recommends that the City Council adopt the proposed
Development Code and Zoning Map, attached to this Resolution as Exhibit A.
Dated: October 10, 2012
I hereby certify that Resolution No. 12-22 was passed and adopted by the Planning Commission of
the City of Lodi at a regular meeting held on Wednesday, October 10, 2012, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
Attachment: Exhibit A
Cummins, Heinitz, Kiser, Jones, Olson and Chair Kirsten.
None
Hennecke
ATTEST:
Secre P ping Commission
JACommunity ➢evelopment%2]anningWSOLIITI0;VS%2912 2
LODI PLANNING COMMISSION
REGULAR COMMISSION MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, OCTOBER 10, 2012
1. CALL TO ORDER 1 ROLL CALL
The Regular Planning Commission meeting of October 10, 201.2, was called to order by Chair Kirsten at
7:00 p.m.
Present: Planning Commissioners — Cummins, Heinitz, Jones, Kiser, Olson and Chair Kirsten
Absent: Planning Commissioners — Hennecke
Also Present: Community Development Director Konradt Bartlam, Associate Planner Immanuel
Bereket, Deputy City Attorney Janice Magdfch, and Administrative Secretary Kari
Chadwick
2. MINUTES
"September 12, 2012"
MOTION / VOTE:
No Motion made because there was not a quorum of Commissioners in attendance to make the
motion. Item continued to the next meeting.
3. PUBLIC HEARINGS
a) Notice thereof having been published according to law, an affidavit of which publication is on file in
the Community Development Department, Chair Kirsten called for the public hearing to consider the
request for Planning Commission approval of a Use Permit to allow a Type -41 on -sale beer and
wine license at King Tsin restaurant located at 1040 West Kettleman Lane Suite 1-A. (Applicant:
Teresa Ju; File Number: 12-U-15)
Associate Planner Bereket gave a brief PowerPoint presentation based on the staff report. Staff
recommends approval of project.
Hearing Opened to the Public
• Teresa Ju, applicant, came forward to answer any questions.
• Commissioner Heinitz asked if everything was going to be the same on the menu. Ms. Ju
stated that the menu will remain the same.
Public Portion of Hearing Closed
MOTION 1 VOTE:
The Planning Commission, on motion of Commissioner Kiser, Heinitz second, approved the
request for a Use Permit to allow a Type -41 on -sale beer and wine license at King Tsin
restaurant located at 1040 West Kettleman Lane Suite 1-A subject to the conditions in the
resolution. The motion carried by the following vote:
Ayes: Commissioners— Cummins, Heinitz, Jones, Kiser, Olson and Chair Kirsten
Noes: Commissioners — None
Absent: Commissioners - Hennecke
Chair Kirsten recused himself from item 3b) because he has property interest with in 300 feet of the
proposed project. Vice Chair Jones moved to the Chair's seat.
b) Notice thereof having been published according to law, an affidavit of which publication is on file in
the Community Development Department, Vice Chair Jones called for the public hearing to consider
Page 1 of 3 ,Harclt 141h 2012 PCINinutes Continued
the request of the Planning Commission for approval of a Use Permit to allow a Type -41 On -Sale
Beer and Wine Alcoholic Beverage Control License located at 121 South School Street, Suite A
(applicant: Scott Porter; File Number: 12-U-16)
Associate Planner Bereket gave a brief PowerPoint presentation based on the staff report. Staff
recommends approval of the project.
Hearing Opened to the Public
Scott Porter, applicant, carne forward to answer questions.
• Commissioner Kiser asked if this was his first time running a business. Mr. Porter stated
that it will be his first business venture.
Commissioner Heinitz asked Mr. Porter if he was aware that he would have to do ABC
training. Mr. Porter stated that he was aware. Heinitz asked the age of the future
employees. Mr. Porter stated the age will be 21 years and older if that is what is required by
ABC.
Public Portion of Hearing Closed
MOTION 1 VOTE:
The Planning Commission, on motion of Commissioner Cummins, Olson second, approved the
request for a Use Permit to allow a Type -41 On -Sale Beer and Wine Alcoholic Beverage Control
License located at 129 South School Street, Suite A subject to the conditions in the resolution.
The motion carried by the following vote:.
Ayes: Commissioners— Cummins, Heinitz, Kiser, Olson and Vice Chair Jones
Noes: Commissioners — None
Absent: Commissioners - Hennecke and Chair Kirsten
Chair Kirsten rejoined the Commission.
c) Notice thereof having been published according to law, an affidavit of which publication is on file in
the Community Development Department, Chair Kirsten called for the public hearing to consider the
request of the Planning Commission to Recommend to the City Council for approval of the Draft
Lodi Land Use and Development Code, Draft Zoning Map, and to certify the Negative Declaration
Community Development Director Konradt Bartlam gave a brief PowerPoint presentation based on
the staff report. Staff recommends approval of the project and requests the Planning Commission
make the recommendation to the City Council for approval.
Commissioner Heinitz asked who is going to monitor the rules and regulations under the new design
guidelines for residential. Director Bartlam stated that the guidelines are suggestive unlike
standards that are required. Heinitz asked about the agricultural buffer along the west side of Lodi.
Bartlam stated that the zoning map does not show that, the Planned Development map for that area
shows those particulars.
Chair Kirsten asked about the North West area of town getting a cell tower in a residential
neighborhood. Director Bartlam stated that the code does not allow for cell towers in the residential
designations, but there are several properties that could accommodate a tower in the subject area.
Hearing Opened to the Public
• None
2
Page 3 of 3 March 14th 2012 PC Minutes Conlin tied
Public Portion. of Hearing Closed
MOTION / VOTE:
The Planning Commission, on motion of Commissioner Kiser, Jones second, approved the
request to Recommend to the City Council approval of the Draft Lodi Land Use and
Development Code, Draft Zoning Map, and to certify the Negative Declaration subject to the
conditions in the resolution. The motion carried by the following vote:
Ayes: Commissioners — Cummins, Heinitz, Jones, Kiser, Olson and Chair Kirsten
Noes: Commissioners — None
Absent: Commissioners - Hennecke
4. PLANNING MATTERS/FOLLOW-UP ITEMS
None
5. ANNOUNCEMENTS AND CORRESPONDENCE
None
6. ACTIONS OF THE CITY COUNCIL
Director Bartlam stated that there has been a memo provided in the packet and staff is available to
answer any questions. Mr. Bartlam added that at the Council meeting last week, October 3, 2012, the
Council Voted to give Mr. Giannoni nine Growth Management Allocations rather than the twelve he was
asking for.
7. DEVELOPMENT CODE UPDATE
None
8. ACTIONS OF THE SITE PLAN AND ARCHITECTURAL REVIEW COMMITTEE
None
9. ART IN PUBLIC PLACES
None
10. COMMENTS BY THE PUBLIC
None
11. COMMENTS BY STAFF AND COMMISSIONERS
None
12. ADJOURNMENT
There being no further business to come before the Planning Commission, the meeting was adjourned
at 7:27 p.m.
ATT T:
onradt Bart am
Planning Commission Secretary
3
RESOLUTION NO. 2013-11
A RESOLUTION OF THE LODI CITY COUNCIL CERTIFYING
THE FINAL NEGATIVE DECLARATION AS ADEQUATE
ENVIRONMENTAL DOCUMENTATION FOR THE LODI LAND
USE DEVELOPMENT CODE AND ZONING MAP
WHEREAS, the Land Use and Development Code Update reflects the input of residents,
stakeholders, and public officials, implements the General Plan's visions and desire for the
community, is adopted in the public's interest, and is otherwise consistent with federal and state law;
and
WHEREAS, pursuant to the California Environmental Quality Act, a Negative Declaration
was prepared that tiers off of the 2010 General. Plan Final Environmental Impact Report (FEIR) that
was certified by the City Council in April 2010. Together, the Negative Declaration and the 2010
General Plan FEIR constitutes the environmental record for the proposed Land Use and
Development Code and Zoning Map Update. The City Council has considered the Negative
Declaration prepared for the Land Use and Development Code Update; and
WHEREAS, the City Council finds that the foregoing recitals and findings are true and
correct and adopts this Resolution based on the entirety of the record, which includes without
limitation, FEIR, the Land Use and Development Code Update Negative Declaration; zoning map; all
reports, testimony, and transcripts from Planning Commission's October 10, 2012 meeting; and
reports, testimony, and transcripts from the City Council's February 6, 2013, meeting; and
WHEREAS, the City Council has considered the staff report, all public comments, and the
proposed Negative Declaration, as set forth in this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lodi that the
foregoing recitals are true and correct and incorporated herein by reference; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby certify the Final
Negative Declaration as adequate environmental documentation for the Lodi Land Use Development
Code and Zoning Map.
Dated: February 6, 2013
I hereby certify that Resolution No. 2013-11 was passed and adopted by the City Council of
the City of Lodi in a regular meeting held February 6, 2013, by the following vote:
AYES: COUNCIL MEMBERS – Hansen, Johnson, Katzakian, Mounce, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS – None
ABSENT: COUNCIL MEMBERS – None
ABSTAIN: COUNCIL MEMBERS – None
1 0-
- W-4 I
W3
2013-11
ORDINANCE NO.
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 RE-ENACTING 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:
SEE EXHIBIT A ATTACHED.
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;.otdinance 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.
Approved this day of , 2013
ALAN NAKANISHI
Mayor
Attest:
RANDIJOHL
City Clerk
State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance
No. 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 , 2013, by the following vote:
AYES: COUNCIL MEMBERS —
NOES; COUNCIL MEMBERS —
ABSENT: COUNCILMEMBERS —
ABSTAIN: COUNCIL MEMBERS —
I further certify that Ordinance No. 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 SCHWABAUER.
City Attorney
2
RAND JOHL
City Clerk
EXHIBIT A
City of Lodi
Development Code
September 2012
City of Lodi
Community Development Department
221 West Pine Street
Lodi, California 95241
City of Lodi Development Code Update
Public Hearing
February 6, 2013
City Council
• Development Code Update Process:
— Began 1999
— Delayed twice due to budgeting, staffing, etc.
• Restart:
— Raney Planning and Management, Inc.
— December 2011
• Released to the Public:
— On July 11, 2012, Draft Land Use and Development Code
• Three Planning Commission Sessions:
— July 11, August 8, and September 12, 2012
• Planning Commission Public Hearing
— October 10, 2013
— Recommended adoption
• City Council Actions:
— Review Draft Development Code
— Review Draft Zoning Map
— Negative Declaration
Zoning divides the City into sections reserved for different land
uses such as:
- Residential
- Mixed Use
- Commercial
- Industrial
• Tells what uses can go where in the City
• Provides predictability for residents and property owners
• Keeps incompatible uses away from each other
Use: residential, commercial, industrial
Building size, height, and setback
Site Planning: parking, landscaping, screening, fencing
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• Ensure consistency with newly adopted General
Plan
• Comply with Federal and State law
• Incorporate existing code interpretations
• Improve code organization and usability
• Close loopholes and correct unclear language
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Purpose and Applicability of Development Code
Land Use and Development Standards
Site Planning and General Development Standards
Land Use and Development Permits
Subdivisions
Development Code Administration
Definitions
• Technical:
— Utilized consistent capitalization, punctuation and structure
— Re -phrased language to improve consistency of text for legal purposes
— Eliminated "loopholes" and ambiguity
— Reorganization of document, new table structure and text formatting
• Consistency:
— Made text changes to ensure internal consistency
— Updated for consistency to Federal and State Law
— New development standards
• Policy Implementation:
— New Chapters or sections
• Mixed Use Zoning Districts, Business Park District, etc
• New Zoning Districts:
— New Zoning Districts established to provide
consistency with General Plan:
• Mixed Use Center
• Mixed Use Corridor
• Downtown Mixed Use
• Business Park
• New Zoning Districts consolidated to simplify the
Code:
• R-1, R-2, RE -1, LDR = Low Density Residential
• RG -A, MDR = Medium Density Residential
• C-1, C-2 = Commercial
• M-1, M-2 = Industrial
• Updated to be consistent with
— General Plan Land Use Map;
— New Zoning Districts;
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City of Lodi Lodi Development Code Update February 6, 2013
• Conduct the Public Hearing;
• Certify the draft Negative Declaration;
• Amend the Zoning Map;
• Adopt the Development Code.
Please immediately confirm receipt
of this fax by calling 333-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUBJECT: PUBLIC HEARING TO CONSIDER CERTIFICATION OF THE FINAL
NEGATIVE DECLARATION AND ADOPTION OF THE LODI LAND USE
DEVELOPMENT CODE AND DRAFT ZONING MAP
PUBLISH DATE: SATURDAY, DECEMBER 29, 2012
TEAR SHEETS WANTED: One (1) please
SEND AFFIDAVIT AND BILL TO: RANDI JOHL, CITY CLERK
LNS ACCT. #0510052 City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: WEDNESDAY, DECEMBER 26, 2012
ORDERED BY: RANDI JOHL
CITY CLERK
J156NIFER ROBISON, CMC
MARIA BECERRA
ASSISTANT CITY CLERK
ADMINISTRATIVE CLERK
Verify Appearance of this Legal in the Newspaper — Copy to File
forms\advins.doc
DECLARATION OF POSTING
PUBLIC HEARING TO CONSIDER CERTIFICATION OF THE FINAL NEGATIVE
DECLARATION AND ADOPTION OF THE LODI LAND USE DEVELOPMENT CODE
AND DRAFT ZONING MAP
On Thursday, December 27, 2012, in the City of Lodi, San Joaquin County, California, a
Notice of Public Hearing to consider certification of the Final Negative Declaration and
adoption of the Lodi Land Use Development Code and Draft Zoning Map (attached and
marked as Exhibit A) was posted at the following locations:
Lodi Public Library
Lodi City Clerk's Office
Lodi City Hall Lobby
Lodi Carnegie Forum
I declare under penalty of perjury that the foregoing is true and correct.
Executed on December 27, 2012, at Lodi, California.
JCANIFER M. ROBISON, CMC
ASSISTANT CITY CLERK
N:\Administration\CLERK\Forms\DECPOSTCD.DOC
noo-AWOAMM
CITY CLERK
MARIA BECERRA
ADMINISTRATIVE CLERK
• CITY OF LODI
•* Carnegie Forum
305 West Pine Street, Lodi
NOTICE OF PUBLIC HEARING WA
Date: February 6, 2013
Time: 7:00 p.m.
For information regarding this notice please contact:
Randi Johl
City Clerk
Telephone: (209) 333-6702
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Wednesday, February 6, 2013, at the hour of
7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will
conduct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider
the following item:
a) Certification of the Final Negative Declaration and adoption of
the Lodi Land Use Development Code and Draft Zoning Map.
Information regarding this item may be obtained in the Community Development
Department, 221 West Pine Street, Lodi, (209) 333-6711. All interested persons are
invited to present their views and comments on this matter. Written statements may be
filed with the City Clerk, City Hall, 221 West Pine Street, 2"d Floor, Lodi, 95240, at any
time prior to the hearing scheduled herein, and oral statements may be made at said
hearing.
If you challenge the subject matter in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice or in
written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to
the close of the public hearing.
Zni
f the Lodi City Council:
City Clerk
Dated: December 19, 2012
D. Stephen Schwabauer
City Attorney
t
CLERK\PUBHEAR\NOTICES\NOTCDD.DOC 12/19/12
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Distribution List Name: Development Code
Members:
Angelic and John Henninger
Hitnhard81@att.net
Anne Cerney
acerney@inreach.com
Barbara Kauss
bkauss@hacsj.com
Brad Hays
bhays@capitolavenue.com
Brett Jolley
BJolley@herumcrabtree.com
Carol Orneles
cjornelas@visionaryhomebuilders.org
Clint Zufelt
czufelt@yesco.com
Crystal Krist
ckirst@gmail.com
Dale Gillespie
dale@rpmcompany.net
David Romano
dave@newman-romano.com
Denis Silber
dsilber@lodiusd.net
EJC
ejc_enterprise@verizon.net
Frederick Addison
frederick@uborainc.com
George Cloud
gcloudjr@gmail.com
George Gibson
ggibson@fcbhomes.com
Greg Costa
fcands@lodinet.com
Greg Costa
costasquad@verizon.net
Hilda Bohacek
hbohacek@cpfsj.org .
Jeff Traverso
j.traverso@sbcglobal.net
John Beckman
johnb@biadelta.org
John Shores
johnshores@comcast.net
Jon Schrader
JonSchrader@FMBonline.com
Kate Hart
khart@aklandlaw.com
Kattie Patterson
kpatterson@sjfb.org
Kelly Stump
kelkel38@aol.com
Kevin Dougherty
kdougherty@fcrei.com
Mary King
martyjoeking@yahoo.com
Matt Dobbins
mjdobbins22@msn.com
Michael Caruba
mcarouba@dgprealestate.com
Mike Boettger
mboettger@pamcompanies.com
Pat McCuen
pmccuen@capitolavenue.com
Richard Jones
julius_45@yahoo.com
Rick Gerlack
makualike.@comcast.net
Robina Asghar
rasghar@cpfsj.org
Rod Attebery
rattebery@neumiller.com
Rosemary Atkinson
rosymoonatk@comcast.net
Russ Munson
Russ@winerose.com
Steve Jarrett
stephenjarrett@comcast.net
Tariq Din
tarigdin@presidentialar.com
Tim Matteis
TM@wmbarchitects.com
Tim Mattheis
tkmhome@sbcglobal.net
Tim Mustin
tmustin@colliersparrish.com
Tracy Williams
tracy@loelcenter.net
Warmerdam
warmerdam7@sbcglobal.net