City of Oakdale, CA Chapter 36 Zoning [1]

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

§ 36-1 General Provisions.

§ 36-1.1 Chapter of Provisions.

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

§ 36-1.2 Adoption.

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

§ 36-1.3 Purpose.

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

§ 36-1.4 Application and Interpretation.

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

§ 36-1.5 Content of Zoning Ordinance.

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

§ 36-2 Rules Of Construction And Definitions.

§ 36-2.1 Rules of Construction.

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

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

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

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

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

§ 36-2.2 Definitions.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

13. APARTMENT — See "Dwelling Unit."

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

29. COMMISSION — The planning commission of the City.

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

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

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

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

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

35. CONSTRUCTION —

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

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

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

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

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

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

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

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

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

43. DISTRICT — See "Zone."

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

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

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

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

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

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

50. EDUCATIONAL INSTITUTION — Elementary, junior high, high school, college or university or other school giving general academic instruction in the several branches of learning and study required to be taught by the California Education Code.

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

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

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

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

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

51. FACTORY-BUILT HOME — A residential building constructed in conformance with the State of California Factory-Building Housing Code. A factory-built home shall not be deemed to include a mobile home or manufactured home as defined in this section.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

65. HOME OCCUPATION — Any occupation conducted entirely within a dwelling unit and carried on by persons residing in the dwelling, which use is clearly incidental and secondary to the use of the dwelling unit for dwelling purposes and does not change the residential character thereof and in connection with which there is no display of stock in trade, nor storage of equipment outside of the dwelling or its accessory building, little additional generated traffic or no use of any yard space, nor more than twenty-five percent of the floor space of the main building, or space in accessory buildings required for automobile storage. A home occupation shall not create a nuisance by reason of noise, odor, dust, vibration, fumes, smoke, electrical disturbance or storage of junk.

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

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

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

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

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

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

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

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

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

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

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

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

77. LOT COVERAGE — See "Coverage."

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

90. MOBILE HOME — A transportable structure built to the specification of the National Manufactured Housing Construction and Safety Standards Act of 1974 on a chassis for future movement, and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and intended for occupancy by one (1) family. No such structure shall be deemed to be a mobile home if it is less than eight (8) feet in width, and less than thirty-two (32) feet in length, when assembled for use as a dwelling.

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

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

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

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

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

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

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

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

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

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

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

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

103. PROPERTY LINE — See "Lot Line."

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

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

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

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

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

108. SECOND RESIDENTIAL UNIT AND SENIOR HOUSING —

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

117. TEMPORARY TRACT OFFICE — A temporary sales office located on the site of a new development, usually in a model home, and operated until sales are completed.

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

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

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

118. TRAVEL TRAILER — See "Recreational Vehicle."

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

§ 36-3 Establishment And Designation Of Zones.

§ 36-3.1 Designation of Zones.

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

0-S Open Space District

R-A Residential Agricultural

R-1 Single Family Residential R-2 Duplex Residential

R-3 Multiple Family Residential

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

M-1 Light Industrial M-2 Heavy Industrial

P-D Planned Development Overlay

H-C Historical/Cultural (Combining District)

§ 36-3.2 Zoning Maps.

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

§ 36-3.3 Classification of Territory.

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

§ 36-3.4 Conformance with Zoning Regulations. [1]

Except as other wise provided in this chapter:

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

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

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

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

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

§ 36-3.5 Zoning District Boundary Determination.

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

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

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

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

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

§ 36-4 Flood Hazard Prevention.

§ 36-4.1 Statutory Authorization.

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

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

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

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

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

§ 36-4.2 Statement of Purpose.

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

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

A. To protect human life and health;

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

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

D. To minimize prolonged business interruptions;

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

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

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

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

§ 36-4.3 Methods of Reducing Flood Losses.

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

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

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

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

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

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

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

§ 36-4.4 Restrictions.

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

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

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

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

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

§ 36-4.5 Definitions.

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

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

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

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

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

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

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

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

G. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION — A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted.

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

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

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

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

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

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

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

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

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

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

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

S. FLOOD-RELATED EROSION — The collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical level or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or, by some similarly unusually and unforeseeable event which results in flooding.

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

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

V. HISTORIC STRUCTURE — Any structure that is:

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

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

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

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

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

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

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

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

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

BB. NEW MANUFACTURED HOME PARK OR SUBDIVISION — A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this community.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

§ 36-4.6 Development in Flood Hazard Zone. [1]

[Ord. No. 1245-16.]

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

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

§ 36-5 "O-S" Open Space District.

§ 36-5.1 Regulations Generally.

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

§ 36-5.2 Purpose.

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

§ 36-5.3 Principal Uses.

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

A. Public parks and playgrounds.

B. Cemeteries, crematories, and mausoleums.

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

§ 36-5.4 Accessory Uses.

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

§ 36-5.5 Conditional Uses.

The following uses may be permitted in the 0-S District subject to a Use Permit provided for in § 36-20:

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

B. Airports and Heliports

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

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

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

F. Public utility substations.

§ 36-5.6 Property Development Standards.

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

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

1. For Principal Uses, no standards.

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

B. Lot Coverage.

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

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

C. Lot Dimensions. No standards.

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

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

2. Side yards:

a. Interior side: Twenty (20) feet.

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

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

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

G. Unit Density. No standard.

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

I. Landscaping and Open Space. No standard.

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

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

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

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

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

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

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

§ 36-6 "R-A" Residential Agricultural District.

§ 36-6.1 Regulations Generally.

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

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

§ 36-6.2 Purpose.

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

To provide living areas at the fringe of the City's corporate areas which combine certain advantages of both urban and rural location by limiting development to very low density concentrations of one family dwellings and permitting limited numbers of animals to be kept for pleasure or hobbies, generally free from activities of a commercial nature; further, to provide transition or buffer areas between intense residential uses and agricultural preserves to avoid conflicts of use and to facilitate and encourage the provision of decent, affordable housing for farm workers by not requiring a conditional use permit, zoning variance, or other zoning clearance for farm worker housing that is not required of any other Residential Agricultural (RA) zone.

§ 36-6.3 Principal Uses.

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

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

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

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

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

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

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

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

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

H. (Reserved)

I. Parks owned and operated by a governmental agency.

J. Storm drainage basins serving residentially zoned property.

K. Cemeteries, crematories, and mausoleums.

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

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

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

§ 36-6.4 Accessory Uses.

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

§ 36-6.5 Major and Minor Use Permits.

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

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

A. Minor Use Permits.

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

2. Temporary subdivision sales office.

3. Guest house or servants quarters.

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

B. Major Use Permits.

1. Airports and heliports.

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

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

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

5. Churches.

6. Golf courses and golf driving ranges.

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

8. Veterinary offices, clinics and kennels.

9. Public buildings, wastewater treatment, etc.

10. Public utility substations.

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

§ 36-6.6 Property Development Standards.

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

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

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

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

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

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

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

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

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

1. Front Yard: Twenty (20) feet.

2. Side Yards:

a. Interior side: Ten (10) feet.

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

3. Rear yard: Ten (10) feet.

E. (Reserved)

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

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

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

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

J. Off-Street Parking Requirements.

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

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

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

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

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

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

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

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

§ 36-7 "R-1" Single Family Residential Zone.

§ 36-7.1 Regulations Generally.

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

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

§ 36-7.2 Purpose.

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

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

§ 36-7.3 Principal Uses.

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

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

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

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

C. Storm drainage basins serving residentially zoned property.

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

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

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

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

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

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

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

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

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

G. Parks owned and operated by a governmental agency.

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

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

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

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

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

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

§ 36-7.4 Accessory Uses.

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

§ 36-7.5 Major and Minor Use Permits.

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

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

A. Minor Use Permits.

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

2. Temporary subdivision sales office.

3. Guest house or servants quarters.

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

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

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

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

B. Major Use Permits.

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

2. Public utility substations.

3. Schools, churches and religious institutions.

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

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

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

§ 36-7.6 Property Development Standards.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. Front Yard: Twenty (20) feet.

2. Side Yards:

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

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

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

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

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

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

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

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

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

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

G. Maximum Floor Area Ratio.

1. In Single Family Residential zone districts (including similar districts within adopted specific plans), the floor area ratio (FAR) for single family residential structures shall not exceed thirty-five (35%) percent. This FAR standard does not apply to any single family residential structure existing on the effective date of this ordinance amendment[1] and to property within the City of Oakdale as it existed in 1913, nor parcels under two (2.0) acres in size.

[1] Editor's Note: Ordinance No. 1118, Exhibit B of which is codified herein as Subsection G. was adopted September 7, 2004 and amended by Ordinance No. 1135, adopted March 6, 2006.

2. Definitions.

FLOOR AREA RATIO

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

GROSS FLOOR AREA

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

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

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

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

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

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

M. Off-Street Parking Requirements.

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

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

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

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

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

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

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

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

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

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

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

T. Recreational Facilities.

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

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

§ 36-8 "R-2/R-2-M" Duplex Residential District.

§ 36-8.1 Regulations Generally.

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

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

§ 36-8.2 Purpose.

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

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

§ 36-8.3 Principal Uses.

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

Buildings, structures, and land shall be used, and buildings and structures shall be erected, structurally altered, or enlarged in the R-2/R-2-M Districts, only for the following uses, plus such other uses as the Planning Commission may deem to be similar and not detrimental to the public health, safety, and welfare. All uses shall be subject to the property development standards in § 36-8.6.

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

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

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

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

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

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

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

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

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

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

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

F. Storm drainage basins serving residential areas.

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

H. Parks owned and operated by a governmental agency.

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

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

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

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

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

§ 36-8.4 Accessory Uses.

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

§ 36-8.5 Major and Minor Use Permits.

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

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

A. Minor Use Permits.

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

2. Temporary subdivision sales office.

3. Guest house or servants quarters.

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

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

B. Major Use Permits.

1. Multiple family dwelling exceeding five (5) dwelling units per lot, but not to exceed § 36-8.6(I) (Unit Density).

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

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

4. Schools, churches and religious institutions.

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

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

§ 36-8.6 Property Development Standards.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. Side Yards:

a. Interior side: Five (5) feet.

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

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

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

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

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

G. (Reserved)

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

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

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

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

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

M. Off-Street Parking Requirements.

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

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

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

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

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

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

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

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

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

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

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

T. Recreational Facilities.

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

§ 36-9 "R-3" Multiple Family Residential District.

§ 36-9.1 Regulations Generally.

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

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

§ 36-9.2 Purpose.

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

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

§ 36-9.3 Principal Uses.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

G. Storm drainage basins serving residential areas.

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

I. Parks owned and operated by a governmental agency.

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

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

L. (Reserved)

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

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

§ 36-9.4 Accessory Uses.

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

§ 36-9.5 Major and Minor Use Permits.

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

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

A. Minor Use Permits.

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

2. Temporary subdivision sales office.

3. Guest house or servants quarters.

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

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

6. Professional offices.

B. Major Use Permits.

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

2. Public utility substations.

3. Schools, churches and religious institutions.

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

5. Social halls, lodges, and club houses.

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

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

§ 36-9.6 Property Development Standards.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. Front Yard: Twenty (20) feet.

2. Side Yards:

a. Interior side: Five (5) feet.

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

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

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

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

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

G. (Reserved)

H. Building Height. No building erected shall have a height greater than fifty (50) feet, and twenty-five (25) feet for accessory buildings. Permitted projections above these heights include: Ventilating fans or similar equipment required to operate and maintain the building, flag poles, chimneys, or similar structures approved under Site Plan Review, § 36-19.

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

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

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

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

M. Off-Street Parking Requirements.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

T. Recreational Facilities.

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

U. On-Site Storage Facilities.

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

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

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

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

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

§ 36-10 "C-1" Neighborhood Commercial.

§ 36-10.1 Regulations Generally.

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

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

§ 36-10.2 Purpose.

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

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

§ 36-10.3 Principal Uses.

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

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

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

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

C. Commercial parking lots for passenger vehicles.

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

E. Parks owned and operated by a governmental agency.

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

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

§ 36-10.4 Accessory Uses.

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

§ 36-10.5 Major and Minor Use Permits.

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

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

A. Minor Use Permits.

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

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

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

4. Service station with minor automobile repair.

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

6. Nurseries and greenhouses.

7. Mobile Food Vendor located on private property. as specified in § 36-29.

[Added 8-2-2021 by Ord. No. 1276]

B. Major Use Permits.

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

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

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

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

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

6. Churches and religious institutions.

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

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

9. Amusement arcade pursuant to § 36-18.29.

10. Neighborhood shopping centers.

11. Mobile Food Vendor located in the public right-of-way, as specified in § 36-29.

[Added 8-2-2021 by Ord. No. 1276]

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

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

§ 36-10.6 Property Development Standards.

[Ord. No. 1066.]

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

A. Lot Area.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

§ 36-11 "C-C" Central Commercial.

§ 36-11.1 Regulations Generally.

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

§ 36-11.2 Purpose.

[Ord. No. 953, § 1.]

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

§ 36-11.3 Principal Uses.

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

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

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

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

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

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

E. Park zoned and operated by governmental agency.

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

§ 36-11.3.1 Conditional Uses.

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

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

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

2. All work shall be conducted indoors.

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

4. No outdoor storage.

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

B. Churches and religious institutions.

C. Mobile Food Vendor, as specified in § 36- 29.

[Added 8-2-2021 by Ord. No. 1276]

§ 36-11.4 Prohibited Uses.

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

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

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

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

§ 36-11.5 Restricted Uses.

[Ord. No. 953, § 4.]

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

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

§ 36-11.6 Property Development Standards.

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

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

A. Lot Area.

1. There shall be no minimum lot area size.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

§ 36-12 "C-2" General Commercial.

§ 36-12.1 Regulations Generally.

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

§ 36-12.2 Purpose.

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

§ 36-12.3 Principal Uses.

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

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

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

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

C. Restaurants and drive-in restaurants.

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

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

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

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

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

§ 36-12.4 Accessory Uses.

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

§ 36-12.5 Major and Minor Use Permits.

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

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

A. Minor Use Permits.

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

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

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

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

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

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

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

8. Mobile home display.

9. Mobile Food Vendor located on private property. as specified in § 36-29.

[Added 8-2-2021 by Ord. No. 1276]

B. Major Use Permits.

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

2. Auction houses.

3. Funeral parlors or mortuaries.

4. Lumberyards.

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

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

7. Municipal corporation yards.

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

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

10. Truck service stations.

11. Welding shops.

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

13. Hotels and motels.

14. Vehicle repair garage.

15. Amusement arcade pursuant to § 36-20.

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

17. Mobile Food Vendor located within the public right-of-way, as specified in § 36-29.

[Added 8-2-2021 by Ord. No. 1276]

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

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

§ 36-12.6 Property Development Standards.

[Ord. No. 1066.]

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

A. Lot Area.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

§ 36-13 "L-M" Limited Industrial.

§ 36-13.1 Regulations Generally.

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

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

§ 36-13.2 Purpose.

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

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

§ 36-13.3 Principal Uses.

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

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

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

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

C. Bottling plants.

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

E.

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

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

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

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

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

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

J. Printing, publishing, bookbinding and paper sales.

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

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

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

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

§ 36-13.4 Accessory Uses.

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

§ 36-13.5 Conditional Uses.

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

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

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

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

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

D. Airports.

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

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

G. Chemical plants.

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

I. Manufacturing biodegradable soap detergents.

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

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

K. Mobile Food Vendor, as specified in § 36-29.

[Added 8-2-2021 by Ord. No. 1276]

§ 36-13.6 Property Development Standards.

[Ord. No. 1066.]

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

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

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

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

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

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

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

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

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

H. (Reserved)

I. (Reserved)

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

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

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

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

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

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

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

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

§ 36-14 "M-1" Light Industrial.

§ 36-14.1 Regulations Generally.

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

§ 36-14.2 Purpose.

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

§ 36-14.3 Principal Uses.

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

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

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

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

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

§ 36-14.4 Accessory Uses.

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

§ 36-14.5 Conditional Uses.

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

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

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

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

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

D. Airports.

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

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

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

G. Mobile Food Vendor, as specified in § 36-29.

[Added 8-2-2021 by Ord. No. 1276]

§ 36-14.6 Property Development Standards.

[Ord. No. 1066.]

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

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

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

1. A minimum of ten (10) feet from the right-of-way line of any street less than sixty-eight (68) feet in width, except as provided for in § 36-18.9 Special Building Lines.

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

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

E. Hours of Operation. Business may be conducted on a twenty-four (24) hour a day basis except that fewer hours may be determined by the Planning Commission for those uses provided for in Sections 36-14.3 and 36-14.5 which are subject to a Use Permit provided for in § 36-20.

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

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

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

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

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

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

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

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

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

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

§ 36-15 "M-2" Heavy Industrial.

§ 36-15.1 Regulations Generally.

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

§ 36-15.2 Purpose.

This district is intended to encourage sound industrial development by providing and protecting an environment exclusively for such development subject to regulations necessary to insure that it will not be detrimental to activities in adjacent commercial or residential neighborhoods by reason of, but not limited to excessive noise, smoke, odor, dust, vibrations, fumes, glare, or gas.

§ 36-15.3 Principal Uses.

Buildings, structures, and land shall be used, and buildings and structures shall be erected, structurally altered, or enlarged in the M-2 Districts, only for the following uses, plus such other uses as the Planning Commission by resolution may deem to be similar and not detrimental to the public health, safety, and welfare. All uses shall be subject to the property development standards in § 36-15.6.

A. Any use permitted in the "M-1" district.

B. Acetylene gas manufacture and storage, acid manufacture, ammonia, bleaching powder or chlorine manufacture, blacksmith, boiler works, manufacture of brick, tile, concrete block and terracotta, concrete products, cotton, natural gasoline processing, oil cloth and linoleum manufacture, oil extracting and dehydration facilities or reduction, paint, oil, shellac, turpentine or varnish manufacture, paper manufacture, petroleum products, storage, petroleum refinery together with appurtenant uses, plastic manufacture, potash works, railroad repair shop, roofing manufacture, rolling mill, soap manufacture, soda and compound manufacture, stone mill, tar distillation and tar products manufacture, wood processing.

§ 36-15.4 Accessory Uses.

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

§ 36-15.5 Conditional Uses.

[Amended 8-2-2021 by Ord. No. 1276]

The following uses may be permitted in the M-2 Districts subject to a Use Permit provided for in § 36-20.

A. Public and quasi-public uses appropriate to serve the M-2 District.

B. Other manufacturing or industrial uses not expressly permitted in section 36-15.3.

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

D. Blast furnace or coke oven, manufacture of cement, lime gypsum or plaster of paris, distillation of bones, drop forge, explosive manufacture or storage, fat rendering, fertilizer manufacture, garbage or dead animal disposal, glue manufacture, oil extraction other than petroleum products, refuse disposal, rubber treatment, rock and gravel plant, stock yards, slaughtering, smelting, storage of tin, copper, zinc, ore, rags, paper, scrap and junk, tannery, winery, wrecked cars and wrecking cars.

E. Retail commercial uses, such as restaurants and service stations, appropriate in and necessary to serve the M-2 District.

F. Caretakers residence, one unit not to exceed twelve hundred square feet for industrial uses of one acre minimum lot area.

G. Airports.

H. Mobile Food Vendor, as specified in § 36-29.

[Added 8-2-2021 by Ord. No. 1276]

§ 36-15.6 Property Development Standards.

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

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

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

1. A minimum of ten (10) feet from the right-of-way line of any street less than sixty-eight (68) feet in width, except as provided for in § 36-18.9. Special Building Lines.

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

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

E. Hours of Operation. Business may be conducted on a twenty-four (24) hour a day basis except that fewer hours may be determined by the Planning Commission for those uses provided for in Sections 36-15.3 and 36-15.5 which are subject to a Use Permit provided for in § 36-20.

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

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

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

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

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

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

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

M. All refuse, garbage and trash bins one-half yard or larger shall be behind the building set back line and screened from public view.

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

§ 36-16.1 Regulations Generally.

[Ord. No. 1124, § 2, Exh. A.]

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

§ 36-16.2 Purpose.

[Ord. No. 1124, § 2, Exh. A.]

N-O District is intended to provide an area for professional and general offices, residential uses and for uses located in close proximity to associated uses, such as hospitals or public offices. The District is established for the purposes of selectively providing for well-planned land uses to be located between older residential neighborhoods and existing higher intensity nonresidential areas, such as corridor commercial, shopping center commercial, downtown commercial and industrial areas. It will provide for sites with yard, open space and architectural requirements similar to those in residential districts.

§ 36-16.3 Principal Uses.

[Ord. No. 1031, § 1, 1995; Ord. No. 1124, § 2, Exh. A.]

Buildings, structures, and land shall be used, and buildings and structures shall be erected, structurally altered, or enlarged in the N-O District only for the following uses subject to the property development standards in § 36-16.6.

A. Office buildings for the accommodation of executive, administrative, professional or scientific staffs, not involving any outdoor storage or drive-through facilities.

B. Medical and dental clinics, excluding veterinary clinics;

C. Studios for an artist, designer, writer, photographer, sculptor or musician.

D. State licensed small family day-care homes, nine (9) to fourteen (14) children as defined by the California State Health and Safety Code.

E. Public Safety Facilities.

F. Banks and savings and loans not involving drive-through services.

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

§ 36-16.4 Accessory Uses.

[Ord. No. 1124, § 2, Exh. A.]

Only those accessory uses and accessory buildings customarily appurtenant to a principal use, such as incidental storage facility, garage, or off-street parking area. Accessory uses such as gift shops, newsstands, pharmacies, deli or coffee shops (outdoor seating permitted if located within fifteen (15) feet of building), beauty/barber shops and tanning salons, and employer operated day care facilities shall not exceed a cumulative floor area of twenty (20%) percent of the floor area occupied by the primary use.

§ 36-16.5 Major and Minor Use Permits.

[Ord. No. 992, Exh. F, 1992; Ord. No. 1124 § 2, Exh. A.]

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

A. Minor Use Permits.

1. Any use permitted as a principal use in an R-1 and R-2 District.

2. Day-care center (more than fourteen (14) children, as defined by the California State Health and Safety Code).

3. Bed and breakfast establishment.

4. Churches, temples and synagogues.

5. Laboratories.

B. Major Use Permits.

1. Any use permitted as a principal use in an R-3 District.

2. Recreational facilities: nonprofit or publicly owned.

3. Health-exercise facility or spa.

4. Establishment of a mixed residential and commercial development.

5. Educational and cultural institutions as follows:

a. Elementary and secondary schools.

b. Community colleges, colleges, and universities — but not including trade schools.

c. Libraries and art galleries.

d. Museums.

e. Private Instructions.

6. Residential care facilities and nursing homes.

7. Convalescent hospitals.

8. Golf course.

9. Communication facilities within buildings; radio stations.

10. Nurseries or greenhouses; and,

11. Any other retail business or service establishment which is determined by Planning Commission Resolution to be consistent with the purpose of this section and which will not impair the present or potential use of adjacent property. The following should be considered when evaluating any proposed use:

a. The type and size of the proposed use;

b. The present use of adjoining properties, and the anticipated compatibility of the proposed use with such uses;

c. Whether the site adjoins a residential zone, and the degree to which the proposed use is compatible with residential uses.

C. Prohibited Uses.

1. Veterinary clinics.

2. Outdoor storage.

3. Adult entertainment enterprises.

4. Fortunetelling.

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

§ 36-16.6 Property Development Standards.

[Ord. No. 1124, § 2, Exh. A.]

The following property development standards shall apply to all residential uses in the N-O Districts.

A. Lot Area.

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

2. For all uses other than dwellings, the lot shall be sufficient to provide the minimum yard, parking requirements as specified in § 36-25, and landscaping requirements as specified in § 36-24 and 36-16.6.J.

B. Setback/Yard Requirements for Nonresidential Uses. The following setback/yard requirements shall apply to all nonresidential uses located adjacent to a residential district in the N-O District:

1. Front Yard: Fifteen (15) feet.

2. Side Yards:

a. Interior side yard when adjacent to a Residential District: Ten (10) feet landscaped buffer.

b. Interior side: No setback when located adjacent to Commercial District.

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

3. Rear Yard:

a. Adjacent to Residential Districts: Twenty (20) feet.

b. Adjacent to Commercial Districts: Ten (10) feet, except that a corner lot is allowed a rear yard of five (5) feet.

C. Setback/Yard Requirements for Residential Uses. The following setback/yard requirements shall apply to all residential uses located adjacent to a residential district in the N-O District:

1. Front Yard:

a. Porch: Ten (10) feet.

b. Habitable space: Fifteen (15) feet.

c. Garage: Twenty (20) feet.

2. Side Yards:

a. Interior side: Seven and one-half (7.5) feet.

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

3. Rear Yard:

a. Twenty (20) feet, except that a corner lot is allowed a rear yard of five (5) feet.

4. No residential use shall be located closer than one hundred (100) feet from the property line fronting Yosemite Avenue and on "F" Street.

D. All residential uses shall incorporate the Oakdale Single Family Residential Design Expectations and/or Multiple-Family Residential Design Expectations.

E. Architectural Features for nonresidential uses:

1. Vary the planes of the exterior walls in depth and/or direction to avoid box-like structures.

2. Vary height of buildings.

3. Articulate the different parts of a building's façade by use of color, arrangement of façade elements, or a change in materials.

4. Avoid blank walls. Utilize windows, trellises, wall articulation, arcades, change in materials, or other features.

5. All structure elevations should be architecturally treated.

6. For all uses other than residential, buildings shall front the street with all parking areas located on the side or rear of the buildings.

F. Distance Between Buildings. Minimum requirements of the Uniform Building Code.

G. Building Height. No building erected shall have a height greater than thirty-five (35) feet. Permitted projections above these heights include: ventilating fans or similar equipment required to operate and maintain the building, flag poles, chimneys, or similar structures approved under Site Plan Review, § 36-19.

H. All uses shall be conducted wholly within a completely enclosed building or a solid screen enclosure a minimum six (6) feet in height, except for outdoor eating establishments located within fifteen (15) feet of the front door, public utility substations and off-street parking and loading facilities. In addition, the Planning Commission may permit the outdoor operation of any permitted use by approving a Conditional Use Permit.

I. Site Plan Review. Prior to the issuance of any Building Permit for the erection of any structure on any lot, a Site Plan shall be submitted and considered pursuant to Site Plan Review requirements of § 36-19.

J. Site Landscaping. Not less than fifteen (15%) percent of the gross site area shall be occupied by landscaping for office uses and twenty-five (25%) percent for residential uses. Front yard setbacks shall be utilized for landscaping. All landscaping shall include requirements as specified in § 36-24, Landscaping and Open Space.

K. Signs. The following regulations shall apply to signs located on property in the N-O District:

1. Business Signs. Each enterprise, institution or business shall be permitted one (1) wall sign per elevation or one (1) under-canopy sign per street frontage and one (1) freestanding sign each subject to the following maximum size requirements.

a. Maximum wall sign area. One square foot for each lineal foot of the building wall from which the sign is attached, not to exceed forty (40) square feet. (Note: Wall signs shall be limited to the portion of a building wherein the use(s) or occupancy(s) is conducted. The maximum total area for each sign shall be based on the length of wall where the sign is to be located.)

b. Maximum freestanding sign area and height. One (1) square foot for each five (5) lineal feet of street frontage, not to exceed forty (40) square feet in area and four (4) feet in height.

c. Under-canopy sign area and dimensions.

(1) The maximum allowable sign area shall be one (1) square foot for each lineal foot of width of the canopy, awning, marquee or similar structure from which the sign is suspended, as measured perpendicular to the building wall.

(2) The maximum allowable horizontal length of an under-canopy sign shall be equal to the width of the canopy, awning, marquee or similar structure from which the sign is suspended, as measured perpendicular to the building wall.

(3) The minimum vertical clearance between the lower edge of an under-canopy sign and the ground shall be eight (8) feet.

2. Internally illuminated signs are prohibited within the lot frontage of (a) any property abutting, or (b) on a building wall facing any Residential District. Signs may be illuminated by an external light source that is placed no further than ten (10) feet from the sign face and is shielded to avoid illumination beyond the sign face. Light sources shall be shielded so that the lamp is not visible beyond the premises.

3. In addition to these sign standards, all other general sign provisions contained in the Sign Ordinance, § 36-26, shall apply.

L. Fences, Hedges, Walls and Screen Plantings. Fences, hedges, walls and screen plantings shall be erected subject to the provisions of § 36-18.28, and the prohibitions against vision obstructions in § 36-18.23. Whenever an N-O use is proposed to be located adjacent to a Residential District, an eight (8) foot masonry wall shall be constructed along the property line pursuant to § 36-24.

M. Off-Street Parking Requirements.

1. For all uses other than residential, required parking may be provided up to four hundred (400) feet from the use upon the demonstration of an irrevocable legal instrument guaranteeing the provision of the required parking.

2. For all uses other than residential, none of the requirements of this chapter for off-street parking shall apply to any real property within the "parking and business improvement area" of the City, as defined in Ordinance No. 506; provided, that the parking and business improvement license tax assessed on any business conducted on any of the rear property for which a building permit is required shall be paid in full, with all arrearage, if any, paid before such building permit shall be issued.

3. For all uses other than residential, buildings shall front the street with all parking areas located on the side or rear of the buildings.

4. For all uses other than residential, parking is prohibited in the front yard setback area.

5. Parking for the dwelling unit(s) and nonresidential uses shall be provided as set forth in § 36-25.

N. Off-Street Loading Requirements, as specified in § 36-25.

O. Vehicular Access. For all uses, there shall be vehicular access to the off-street parking and loading facilities from a dedicated street.

P. Trash enclosures are subject to the following:

1. Four (4) or fewer dwelling units. All refuse, garbage, and trash bins one-half (1/2) yard or larger shall be behind the building setback line and screened from public view.

2. Five (5) or more dwelling units. A common trash enclosure will be required. Trash enclosures subject to public views will be constructed of split face masonry with solid metal doors, a minimum of six (6) feet in height, with a minimum two (2) foot irrigated and landscaped perimeter around the enclosure (excepting door entries),

3. Office and commercial uses. All refuse, garbage, and trash bins one-half (1/2) yard or larger shall be behind the building setback line and screened from public view. Outdoor trash enclosures are required on lots five thousand (5,000) square feet or larger in area. Trash enclosures subject to public views shall be constructed of split face masonry and solid metal doors, a minimum of six (6) feet in height, with a minimum two (2) foot irrigated and landscaped perimeter around the enclosure (excepting door entries). Trash enclosures not subject to public views shall be enclosed by a non-extruded six (6) inch cement curb and a six (6) foot high slatted chain link fence and gated doors.

4. Hours of refuse pickup will be limited to the hours between 6:00 a.m. and 6:00 p.m.

§ 36-16.7 Property Development Standards for Mixed Use Developments.

[Ord. No. 1124, § 2, Exh. A.]

Development standards identified in § 36.16.6 are applicable to Mixed Use Development along with the following:

A. A Major Use Permit is required for the establishment of a mixed residential and commercial development under two (2) acres. Two (2) acres or more requires a rezone to Planned Development.

B. The maximum density is twenty (20) units per gross acre.

C. The dwelling units shall be located on either the second floor or rear of the building/site.

D. For mixed use developments a minimum of twenty (20%) percent of the lot area shall be landscaped.

§ 36-17 "H-C" Historical-Cultural Combining District.

§ 36-17.1 Regulations Generally.

The regulations set out in this section shall apply in all H-C Districts and shall be subject to the provisions of § 36-18.

§ 36-17.2 Purpose.

[Reference: Public Resources Code Section 5020.1]

To preserve sites and structures with historical and/or cultural significance for the aesthetic and/or educational value, "to include, but not limited to, any object, building, structure, site, area, or place which is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California" and the City of Oakdale.

§ 36-17.3 Principal Uses.

Buildings, structures, and land shall be used, and buildings and structures shall be erected, structurally altered, or enlarged in the H-C Districts, for all principal uses provided for in the respective District with which the H-C District is combined, plus such other uses as the Planning Commission may deem to be similar and not detrimental to the public health, safety, and welfare, or intent of this District. All uses shall be subject to the property development standards in § 36-17.7.

§ 36-17.4 Accessory Uses.

Only those accessory uses and accessory buildings customarily appurtenant to a principal use and which are architecturally harmonious and compatible with the principal use.

§ 36-17.5 Conditional Uses.

The following uses may be permitted in the H-C Districts subject to a Use Permit provided for in § 36-20.

A. All conditional uses provided for in the respective district with which the H-C District is combined, plus such other uses as the Planning Commission may deem to be similar and not detrimental to the public health, safety, and welfare, or intent of this District. All uses shall be subject to the property development standards in § 36-17.7.

§ 36-17.6 Prohibited Uses. The following uses are expressly prohibited in the H-C Districts:

A. Based on the Historic Sites Inventory - Oakdale, California, 1986, and the advice of the Oakdale Historical Society, any use which, in the opinion of the Director or a staff committee designated by the Director, would alter and/or remove the historical and/or cultural significance of the respective site or structure.

§ 36-17.7 Property Development Standards.

Property Development Standards shall apply to all land and buildings in the H-C Districts as specified by the ordinance adopted pursuant to § 36-23 establishing the H-C District. The ordinance shall, at a minimum, provide Property Development Standards for each item as follows:

A. Lot Area.

B. Lot Coverage.

C. Lot Dimensions.

D. Setback Requirements.

E. Distance between buildings.

F. Building Height.

G. Site Plan Review.

H. Landscaping and Open Space.

I. Fences, Hedges, Walls, and Screen Plantings.

J. Off-Street Parking Requirements.

K. Off-Street Loading.

L. Vehicular Access.

M. Signing.

N. Laundry, Clothes Drying Areas, and Facilities.

O. Solid Waste Storage and Disposal Facilities.

P. Recreational Facilities.

Q. Architectural Features.

§ 36-17.8 H-C Districts Designations.

The H-C District, if adopted, shall become a part of the Zoning Map of the City. Each District shall be assigned a distinctive number, and shall also be identified by the zoning district that has been replaced (Such as, HC (R-1) 1, HC(C-2) 2, HC (LM) 3, etc.). The following evaluation standards shall be applied by the Planning Commission and City Council in assessing whether a site or structure shall be placed in a H-C District pursuant to § 36-23.

A. Any historic landmark included, or proposed to be included by pending application, in the National Register of Historic Places.

B. Any historic landmark designated, or proposed to be included by pending application in the State Historical Places, Historical Landmarks, and/or Points of Interest.

C. Is associated with an event or person of:

1. Recognized significance in Oakdale, California, or American history.

2. Recognized scientific importance in prehistory.

D. Has a special or particular quality such as oldest, best example, largest, or last surviving sample of its kind.

E. Is at least fifty (50) years old and possesses basic structural integrity and composition reflecting the period of origin.

§ 36-18 Special Provisions.

§ 36-18.1 Applicability.

The regulations in this section shall apply in all zoning districts. Where conflict between regulations occurs, the regulations in this section shall apply.

§ 36-18.2 Uses Not Specified.

If a use is not specifically provided for as a principal or conditional use in one (1) of the zoning districts, the Planning Commission shall determine the zoning district in which it is first allowed. The determination shall be based on comparable uses which are listed and reference documents such as the Standard Industrial Classification Manual may be used. Where there are comparable uses in more than one (1) zoning district, the use shall first be permitted in the most restrictive zoning district.

§ 36-18.3 Restrictiveness.

A. The order of restrictiveness for zoning districts, from most to least restrictive is: H-C, O-S, R-A, R-1, R-2, R-3, C-1, C-C, C-2, L-M, M-1, M-2.

B. The restrictiveness of use in a P-D Zoning district shall be based on that zoning district which most closely resembles those uses permitted in the P-D Zoning district.

§ 36-18.4 Clarification of Ambiguity.

If ambiguity exists regarding the provisions of this chapter, the Planning Commission by resolution shall make the determination as to meaning.

§ 36-18.5 Temporary Construction Buildings and Tract (Real Estate) Offices.

A. Temporary construction buildings at a building site are permitted through the issuance of a Building Permit and shall be removed at the end of construction, or once all lots and/or dwelling units are sold, rented, or leased.

B. Temporary tract (real estate) offices are permitted through the issuance of a Conditional Use Permit and shall be removed once ninety (90) percent of the lots and/or dwelling units are sold, rented, or leased in an approved phase of development. Use of an off-street enclosed parking space (i.e., garage) as a temporary office shall be terminated upon occupancy of the residence and the garage returned to its original use for vehicle parking.

§ 36-18.6 Temporary Use Permit.

[Ord. No. 1037; Ord. No. 1211; amended 8-2-2021 by Ord. No. 1276.]

A. Purpose. This Section establishes procedures for the granting of ministerial Temporary Use Permits for short-term activities.

B. Applicability. A Temporary Use Permit allows the short-term activities listed in Subsection E. (Allowed Temporary Uses) that may not comply with the normal development standards of the applicable zoning district, but may otherwise be acceptable because of their temporary nature.

C. Review Authority. Temporary Use Permits may be approved or disapproved by the Director, in compliance with this section.

D. Exempt Temporary Activities. The following temporary activities are allowed without a Temporary Use Permit.

1. Construction buildings. Temporary construction buildings or trailers used for an office for approved construction projects are subject to § 36-18.5.

2. Emergency facilities. Emergency public health and safety facilities and activities.

3. Garage sales. Garage sales pursuant to Section 16-20.

4. Public property. Activities conducted on City owned properties that are authorized by the City.

E. Temporary Uses. A Temporary Use Permit may authorize the following temporary activities within the specified time limits, but in no event for more than twelve (12) months. Other temporary or short-term activities that do not fall within the categories defined below shall instead comply with the planning permit requirements and development standards that otherwise apply to the property.

1. Model homes. A model home or model home complex may be authorized prior to the completion of sales in a residential subdivision.

2. Certified farmers' market. A certified farmers' market may be allowed within the commercial zoning districts.

3. Temporary structures. A temporary classroom, office or similar structure, including a manufactured or mobile unit, may be approved for a maximum of one (1) year from the date of approval, as an accessory use or as the first phase of a development project. An extension of one (1) year may be granted by the Director. A temporary structure proposed for a longer time period shall comply with all provisions of this Zoning Code applicable to a permanent structure on the same site.

4. Promotional sale associated with permanent on-site use. A promotional sale is permitted for thirty (30) days at a grand opening and for ten (10) days per year thereafter.

5. Seasonal sales. Seasonal sales (i.e., Christmas trees, fireworks, pumpkins, flowers on holidays, etc.) are permitted for up to forty-five (45) days.

6. Similar temporary activities. A temporary activity (i.e., carnivals, community events, etc.) that the Director determines is compatible with the applicable zoning district and surrounding land uses.

7. Special events. The Director may approve a Temporary Use Permit for a special event in any zone for no more than twelve (12) days within any six-month period. A Temporary Use Permit is not required when the event:

a. Is conducted within a shopping center; or

b. Is in a completely enclosed building in a commercial or residential zone; or

c. Is in a building designed and approved for public assembly; and

d. Will not occur after 9:00 p.m., and will not be attended by more than one hundred (100) persons.

8. Mobile Food Vendor, as specified in Section § 36-29.

[Added 8-2-2021 by Ord. No. 1276]

9. Storage containers. Storage containers are allowed in commercial zones with the approval of a Temporary Use Permit subject to the following development standards:

a. Number of containers allowed. One (1) container for a temporary storage of merchandise is allowed. One (1) additional container may be allowed if the user's business exceeds one hundred thousand (100,000) square feet of gross floor area.

b. Multi-tenant sites. For sites with multiple tenants, the City may limit the number of containers within the center or within an area.

c. Allowable container size. The container may not exceed forty (40) feet in length or four hundred (400) square feet per container.

d. Permit time limit. No more than one (1) Temporary Use Permit may be allowed per calendar year. At no time shall a container be kept on site for more than ninety (90) consecutive days, except that containers allowed for construction activities may be permitted until such time the construction activities are completed. Temporary storage containers, except containers allowed as construction activities, not removed by the end of the ninety (90) day period may be issued a fine for each day over the allowed ninety (90) days that the container remains on the site, unless an extension is obtained from the Director.

e. Allowable location. The container shall be placed in the least conspicuous location available. The final location shall be determined by the Director.

(1) The storage containers shall be placed on a level concrete or asphalt surface at all times.

(2) Storage containers shall not be stacked on top of another container.

(3) To the maximum extent possible, the storage containers should not be visible to the motoring public or from residential neighborhoods immediately adjacent to the property where they are located. The containers may be required to be screened by use of temporary fencing or some other method if the containers are visible from public rights-of-way or residences, as determined by the Director.

f. Other development standards. The storage containers shall be used as an accessory to a primary use, located in an enclosed adjoining building.

(1) The containers must be maintained in good condition as they were originally approved so as not to become unsightly or a nuisance.

(2) A storage container shall not remain on a site if the use it is appurtenant to becomes abandoned.

(3) No signage shall be allowed on containers.

F. Development Standards. The Director may apply conditions of approval based on the type of temporary use using the requirements of the applicable zoning district for guidance:

1. Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Zoning Code.

2. Limitation on the duration of approved "temporary structures," to a maximum of one (1) year, so that they shall not become permanent or long-term structures.

3. Limitation on the hours of operation to address noise, light traffic and other impacts on adjacent uses.

4. No vendor sales and/or structure shall be located in the public right-of-way or impede the safety or movement of pedestrians on a sidewalk.

5. All uses shall be located in such a manner that they will not impede the normal use of driveways or circulation aisles, nor be located in a manner that encourages customers to stop in the street, driveway or circulation aisle to obtain vendor service.

6. Vendor sales activity and display shall be restricted to the immediate confines of the temporary stand or structure, or area approved as part of the permit.

7. The use and its location shall be maintained in a litter free and sanitary condition with refuse containers provided on site.

8. Permits shall be obtained for any proposed construction, electrical service, or plumbing required to serve the temporary uses.

9. Other requirements as appropriate to minimize any adverse impacts of the use.

G. Application Filing and Processing. An application for a Temporary Use Permit shall be submitted to the Community Development Department on a City application form along with applicant processing fees. A nonprofit organization shall not be required to pay a fee for the Temporary Use Permit, provided that the organization requests no more than one (1) permit per year.

H. Project Review, Notice and Hearing. Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Zoning Code. Public notice and a hearing are not required prior to a decision on a Temporary Use Permit unless the Director determines that a hearing should be conducted. In the event that a hearing is required, notice shall be provided and the hearing shall be conducted by the Director in compliance with § 36-22, Hearing and Appeals.

I. Findings, Conditions and Decision. A Temporary Use Permit may be approved by the Director only after the Director first finds that the requested activity complies with applicable standards, and therefore, that the establishment, maintenance, or operation of the temporary activity would not be detrimental to the public health, safety, or welfare of persons residing or working in the neighborhood of the proposed activity. The Director may attach such conditions which he/she determines to be reasonably necessary in connection with the hours of operation, parking, lighting, amplified sound or any other conditions in order to prevent the creation of any nuisance to the adjacent properties.

J. Appeals. Any persons wishing to appeal the decision of the Director in issuing, refusing to issue or conditioning such permit may appeal such action to the Planning Commission within three (3) calendar days of the date of any such action. Such appeal shall be in writing stating the grounds therefor. The Planning Commission shall give notice of such appeal, and the date which it shall be heard, in writing to the applicant for such permit. Upon the hearing of such matter, the Planning Commission, upon majority vote of its members, may:

1. Grant the permit as requests or as changed or modified when deemed to be in the public interest; or

2. Deny the permit as requested when such denial is deemed to be in the public interest.

K. Condition of the Site Following Temporary Activity. Each site occupied by a temporary activity shall be cleaned of debris, litter, or other evidence of the temporary activity on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this Zoning Code. Securities in an amount and form approved by the Director may be required before initiation of the activity to ensure cleanup after the activity is finished.

§ 36-18.7 Special Provisions for Recreation Vehicles, Trucks. Truck Trailers and Off-Site Parking for Commercial and Residential Uses.

[Ord. No. 985, Exh. A, 1991; Ord. No. 1021, § 3, 1995.]

A. Permitted Locations of Recreational Vehicles. It shall be unlawful for any person to keep or maintain, or permit to be placed, kept, or maintained any recreational vehicle, boat, trailer or oversized truck upon any lot, piece, or parcel of land except as follows:

1. Within a residential zoning district:

a. Any number wholly within a structure lawfully existing on the premises. A maximum of two (2) recreational vehicles in addition to those kept pursuant to Subsection a hereof upon any lot, piece or parcel of land provided all of the following:

b. A maximum of two (2) recreational vehicles in addition to those kept pursuant to Subsection a hereof upon any lot, piece or parcel of land provided all of the following:

(1) No portion of said recreational vehicle overhangs any portion of the public sidewalk or lacking a public sidewalk, no portion of said recreational vehicle is within five (5) feet of the curb, or if no curb, ten (10) feet from the roadway pavement.

(2) No portion of said recreational vehicle, boat, trailer or similar vehicle constitutes a "Vision Obstruction" as follows: There shall be a clear vision triangle on either side of a driveway intersecting with a sidewalk. The triangle is an area bounded by the sidewalk and the driveway and a line connecting them ten (10) feet from their intersection. When either the street or driveway is curvilinear, measurement shall be taken from the point of intersection using a ninety (90) degree angle which most closely aligns to both the driveway and street line. Within both triangles on either side of the driveway the area between three (3) and eight (8) feet in height as measured from the top of the curb adjacent to the driveway shall be clear of vision obstructions.

c. Any number within a mobile home park or trailer park.

2. Within a nonresidential zoning district:

a. Any number within a mobile home park or a trailer park.

b. Any number for storage, sale or business use as permitted in such zoning district.

3. Definitions of terms used in this section.

a. STORE, STORAGE — The placement, keeping or maintaining, or permitting to be placed, kept, or maintained of any recreational vehicle, boat, trailer, oversized truck or similar vehicle upon any lot contrary to the vision obstruction provisions of this section for a period longer than seventy-two (72) hours.

b. RECREATION VEHICLE —

(1) Recreational vehicles affected by these provisions include a motor home or mounted camper which is not more than seventy-eight (78) inches in height and seventy-two (72) inches in width shall be exempt from the provisions of this section.

(2) Recreational vehicle, boat, trailer or similar vehicle also includes buses, container cargo units, and storage trailers motorized or nonmotorized or any other type of portable structure without permanent foundation.

c. OVERSIZED TRUCKS — Commercial vehicles, not intended to include pickup trucks and vans having a gross weight of less than ten thousand (10,000) pounds.

B. Permitted Locations of Trucks and Truck Trailers. It shall be unlawful for any person to place, keep or maintain, or permit to be placed, kept or maintained, any truck or truck trailer in any residential zoning district of the City, except for pickup or delivery service, or public agency or utility company vehicle while used on official business, or as part of the operation of a legally existing nonconforming use; provided that in no case shall such truck or truck trailer be parked at any location in the residential zoning district longer than required for such pickup, delivery service, and/or official business, other than within the grounds of a legally existing, nonconforming use located within the residential zoning district and of which operation of the truck or trailer is a part.

§ 36-18.8 (Reserved for Future Use). [1]

[1] Editor's Note: Former section 36-18.8, Permitted Locations of Trucks and Truck Trailers, previously codified herein was moved to § 36-18.7, Subsection B, pursuant to Ordinance No. 985.

§ 36-18.9 Special Building Lines.

Notwithstanding the minimum yard requirements established for the various districts, special building lines are as follows:

A. A minimum of thirty-five (35) feet from the face of the curb on "F" Street, from Sixth Avenue to Johnson Avenue.

B. A minimum of seventy (70) feet from the physical center line of "F" Street from Stanislaus Avenue on the north and from Wood Avenue on the south, to the westerly City limits.

C. A minimum of forty-seven (47) feet from the physical center line of "F" Street, from First Avenue westerly to Stanislaus Avenue on the north and to Wood Avenue on south side of "F" Street.

D. Notwithstanding the minimum front and side yard requirements for the various districts, the minimum requirements for front and side yards abutting the south side of Poplar Street between California Avenue and First Avenue shall be a minimum of fifty (50) feet from the official center line of Poplar Street.

E. A minimum of seventy (70) feet from the physical center line of "F" Street from Johnson to the easterly City limits.

§ 36-18.10 Required Setbacks for Vehicle Oriented Structures.

Notwithstanding any other provisions in this section, no building or structure which serves vehicles or vehicle occupants, such as gasoline, air and water dispensing facilities, and drive-up windows, shall be closer than fifteen (15) feet to any property line or fifteen (15) feet to any other building or structure. A canopy or extended roof may extend to the setback lines, and/or side lot lines.

§ 36-18.11 No Conflicting Licenses or Permits Shall Be Issued.

All departments, officials or public employees vested with the duty or authority to issue permits or licenses where required by law shall conform to the provisions of this chapter. No license or permit for uses, buildings, or purposes where the same would be in conflict with the provisions of this chapter, shall be issued. Any license or permit, if issued in conflict with the provisions hereof, shall be null and void.

§ 36-18.12 Enforcement.

A. The City Administrator, the Community Development Director, the Public Works Director, Chief of Police, and Building Inspector are hereby designated and authorized as the officers charged with the enforcement of this chapter. They shall enforce all of the provisions of this chapter, and their failure to do shall not legalize any violation of such provisions. No permit shall be issued or approved unless the plans of and for the proposed erection, construction, reconstruction, alterations, and use, fully conform to all provisions of this chapter.

B. In addition to any other remedy provided by law, whenever any building, structure, or land is being used or occupied contrary to the provisions of this chapter, the City Administrator, the Community Development Director, the Public Works Director, Chief of Police, and Building Inspector may order the use or occupancy discontinued and the building, structure, or land or portion thereof to be vacated by serving notice on any person or persons causing the use or occupancy to be continued. The person or persons shall discontinue the use or occupancy within ten (10) days after the receipt of a notice, or make the use of the building, structure, or land or portion thereof comply with the requirements of this chapter. The City Administrator, the Community Development Director, the Public Works Director, Chief of Police, and Building Inspector may allow more than ten (10) days for compliance and designate a compliance date deemed reasonable under the circumstances. A notice and order shall be stayed pending the completion of any appeal therefrom or any request for a variance.

§ 36-18.13 Violation.

It shall be unlawful to violate or fail to perform any condition, requirements, and/or restriction placed on any 0-S, H-C, or P-D zoning district, Use Permit, Variance, Site Plan, or other similar action.

§ 36-18.14 Expiration.

Any Use Permit, Variance, Site Plan, or other similar actions granted by the Director, Site Plan Review Committee, Planning Commission and/or City Council shall become null and void if not exercised within the time specified in the approval action. If a time is not specified in the approval action, it shall become null and void after eighteen (18) months from the date of approval.

§ 36-18.15 Minor Revisions.

If changes to a Use Permit, Variance, Site Plan or other similar actions are requested and such changes do not involve new uses, significant impact on adjacent property, or significant site redesign in the opinion of the Director, said request(s) may be approved by the Site Plan Review Committee only if said Committee had jurisdiction over the original decision. Otherwise, the request will be without a public hearing.

§ 36-18.16 Development and Maintenance.

Any project allowed by Use Permit, Variance, Site Plan, H-C or P-D Zoning district, or other similar action shall be developed and maintained in conformance with the conditions, requirements, and/or restrictions of the approving action and any subsequent modifications by the Director, Site Plan Review Committee, Planning Commission, or City Council.

§ 36-18.17 Design Standards.

In reviewing any proposed development, the Director, Site Plan Review Committee, Planning Commission, and/or City Council may use Design Standards as may be adopted from time-to-time by the City Council. Design Standards shall be in a written format available to the public, upon request, not less than thirty (30) days prior to use of said Standards.

§ 36-18.18 Nuisance.

The operation of any land use shall not cause an unreasonable amount of noise, odor, dust, mud, vibration, and/or electrical interference detectable off the premises.

§ 36-18.19 Nonconforming Uses.

[Ord. No. 911, §§ 6, 7, 1987.]

The following provisions shall apply to those uses lawfully existing as of the effective date of this chapter wherein the use has become nonconforming by virtue of the regulations prescribed for the particular zoning district in which the land, building, and/or activity is located; or those uses made nonconforming by virtue of rezoning, annexation, and/or amendment of this chapter. These provisions do not apply in Residential Zoning Districts to residential units existing at the time of the adoption of the ordinance from which this chapter derives. Said residential units shall not be considered nonconforming by virtue of lot area, yard width or depth regulations, lot coverage, or parking requirements.

A. Continuing Existing Buildings and Uses: Except as hereinafter provided, any use of land, building or structure, lawfully existing at the time of the adoption of this chapter may be continued, even though such use, building, or structure may not conform to the provisions of this section of the zoning district in which it is located.

B. Nonconforming Buildings and Structures:

1. Maintenance and Repair. A nonconforming building or structure may be maintained or repaired as required to keep the building or structure in sound condition, provided however, that no structural alterations shall be made except those required by the Building Inspector.

2. Additions and Enlargements. No building or structure nonconforming as to use may be added to or enlarged unless such nonconforming building or structure and the additions and enlargements thereto and the use thereof, are all made to conform to the regulations of the zoning district in which it is located.

3. Relocation. A nonconforming building shall not be moved to any other lot or to any other portion of the lot on which it is presently located unless as a result of the move, the building shall conform to the regulations of the zoning district in which it will be located after the move.

4. Restoration - Damaged Buildings. A nonconforming building or structure which is damaged or destroyed may be restored and the occupancy or use of such building or structure may be continued or resumed, provided such restoration is started within a period of one (1) year and is diligently prosecuted to completion.

C. Nonconforming Use of Buildings:

1. Extension of Use. A nonconforming use may not be extended to other parts of a building unless a Use Permit is obtained pursuant to § 36-20.

2. Change of Use. The nonconforming use of a building may be changed to another nonconforming use, which, in the determination of the Planning Commission, is of the same or of a more restrictive nature, subject to a Use Permit pursuant to § 36-20.

D. Vacancy. Any nonconforming use of land and/or building or structure which becomes vacant and remains unoccupied for a continuous period of six (6) months shall not thereafter be occupied except by a use which conforms to the use regulations of the zoning district in which it is located.

§ 36-18.20 Density Bonus and Affordable Housing Incentives. [1]

[1] Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 954 and 960.

§ 36-18.20.1 Purpose and Intent.

[Ord. No. 1132, § 2, Exh. A.]

In accordance per the applicable sections of the California Government Code, this section is intended to provide incentives for the production of housing for very low and, low income, and senior households; and moderate income households residing in condominium and planned development projects. In enacting this section, it is also the intent of the City of Oakdale to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the City's Housing Element.

§ 36-18.20.2 Definitions.

[Ord. No. 1132, § 2, Exh. A.]

Whenever the following terms are used in this section, they shall have the meaning established by this section:

AFFORDABLE OWNERSHIP COST

Monthly housing payments during the first calendar year of a household's occupancy, including interest, principal, mortgage insurance, property taxes, homeowners insurance, property maintenance and repairs, a reasonable allowance for utilities, and homeowners association dues, if any, not exceeding the following:

1. Moderate Income Units: One hundred ten (110%) percent of the area median income, adjusted for assumed household size based on unit size, multiplied by thirty-five (35%) percent and divided by twelve (12).

The assumed household size shall be one (1) person in a studio apartment, two (2) persons in a one (1) bedroom unit, three (3) persons in a two (2) bedroom unit, and one (1) additional person for each additional bedroom.

AFFORDABLE RENT

Monthly housing expenses, including all fees for housing services and a reasonable allowance for utilities, not exceeding the following:

1. Very Low Income Units: Fifty (50%) percent of the area median income, adjusted for assumed household size based on unit size, multiplied by thirty (30%) percent and divided by twelve (12).

2. Low Income Units: Sixty (60%) percent of the area median income, adjusted for assumed household size based on unit size, multiplied by thirty (30%) percent and divided by twelve (12).

The assumed household size shall be 0.75 person in a single room occupancy unit, one (1) person in a studio apartment, two (2) persons in a one (1) bedroom unit, three (3) persons in a two (2) bedroom unit, and one (1) additional person for each additional bedroom.

AREA MEDIAN INCOME

Area median income for Stanislaus County as published pursuant to California Code of Regulations.

CHILD CARE FACILITY

A child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers.

CONDOMINIUM PROJECT

A housing development as defined per the applicable sections of the California Civil Code, not including the conversion of existing rental apartments to condominiums.

DENSITY BONUS

A density increase over the otherwise allowable maximum residential density, as described in § 36-18.20.3.

DENSITY BONUS HOUSING AGREEMENT

A recorded agreement between a developer and the City as described in § 36-18.20.10 of this section to ensure that the requirements of this article are satisfied. The agreement, among other things, shall establish the number of target units, their size, location, terms and conditions of affordability, and production schedule.

DENSITY BONUS UNITS

Those residential units granted pursuant to the provisions of this section which exceed the otherwise allowable maximum residential density for the development site.

DEVELOPMENT STANDARD

Any site or construction condition that applies to a residential development pursuant to any ordinance, general plan element, specific plan, or other local condition, law, policy, resolution, or regulation. "Site and construction conditions" means standards that specify the physical development of a site and buildings on the site in a housing development.

HOUSING DEVELOPMENT

Construction projects consisting of five (5) or more residential units, including single family and multifamily units, for sale or for rent. For the purposes of this section, "housing development" also includes a subdivision, planned unit development, or condominium project consisting of five (5) or more residential units or unimproved residential lots, the substantial rehabilitation and conversion of an existing commercial building to residential use, and the substantial rehabilitation of an existing multifamily dwelling, where the rehabilitation or conversion would create a net increase of at least five (5) residential units.

INCENTIVES OR CONCESSIONS

Such regulatory concessions as listed in § 36-18.20.8.

LOW INCOME HOUSEHOLD

Households whose income does not exceed the low income limits applicable to Stanislaus County, as published and periodically updated by the State Department of Housing and Community Development pursuant to the applicable sections of the California Health and Safety Code.

MAXIMUM RESIDENTIAL DENSITY

The maximum number of residential units permitted by the City's Zoning Ordinance on the date the application is deemed complete.

MODERATE INCOME HOUSEHOLD

Households whose income does not exceed the moderate income limits applicable to Stanislaus County, as published and periodically updated by the State Department of Housing and Community Development pursuant to the applicable sections of the California Health and Safety Code.

NON-RESTRICTED UNIT

All units within a housing development excluding the target units.

QUALIFYING RESIDENT

Senior citizens or other persons eligible to reside in a senior citizen housing development.

PLANNED DEVELOPMENT

A development (other than a community apartment project, a condominium project, or a stock cooperative) having either or both of the following features:

1. The common area is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area.

2. A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which may become a lien upon the separate interests in accordance per the applicable sections of the California Civil Code.

SENIOR CITIZEN HOUSING DEVELOPMENT

A housing development as defined per the applicable sections of the California Civil Code.

TARGET UNIT

A dwelling unit within a housing development which will be reserved for sale or rent to, and is made available at an affordable rent or affordable ownership cost to, very low, low, or moderate income households, or is a unit in a senior citizen housing development.

VERY LOW INCOME HOUSEHOLD

Households whose income does not exceed the very low income limits applicable to Stanislaus County, as published and periodically updated by the State Department of Housing and Community Development pursuant to the applicable sections of the California Health and Safety Code.

§ 36-18.20.3 Calculation of Density Bonus and Number of Incentives and Concessions.

[Ord. No. 1132, § 2 Exh. A.]

A. Subject to the findings included in § 36.18.20.9, the City shall grant a density bonus to a developer of a housing development who seeks a density bonus and agrees to construct at least one of the following:

1. Ten (10%) percent of the total units of the housing development as target units affordable to low income households; or

2. Five (5%) percent of the total units of the housing development as target units affordable to very low income households; or

3. A senior citizen housing development; or

4. Ten (10%) percent of the total units of a newly constructed condominium project or planned development as target units affordable to moderate income households.

B. In determining the number of density bonus units to be granted pursuant to Subsection A of this section, the maximum residential density for the site shall be multiplied by 0.20 for Subsections A1, 2, and 3 and 0.05 for Subsection A4, unless a lesser number is selected by the developer.

1. For each one (1%) percent increase above ten (10%) percent in the percentage of units affordable to low income households, the density bonus shall be increased by one and one-half (1.5%) percent up to a maximum of thirty-five (35%) percent.

2. For each one (1%) percent increase above five (5%) percent in the percentage of units affordable to very low income households, the density bonus shall be increased by two and one-half (2.5%) percent up to a maximum of thirty-five (35%) percent.

3. For each one (1%) percent increase above ten (10%) percent of the percentage of units affordable to moderate-income households, the density bonus shall be increased by one (1%) percent up to a maximum of thirty-five (35%) percent. When calculating the number of permitted density bonus units, any calculations resulting in fractional units shall be rounded to the next larger integer.

C. The density bonus units shall not be included when determining the number of target units required to qualify for a density bonus. When calculating the required number of target units, any calculations resulting in fractional units shall be rounded to the next larger integer. The density bonus shall apply to housing developments consisting of five (5) or more dwelling units.

D. The developer may request a lesser density bonus than the project is entitled to, but no reduction will be permitted in the number of required target units pursuant to Subsection A above. Regardless of the number of target units, no housing development may be entitled to a density bonus of more than thirty-five (35%) percent.

E. Subject to the findings included in § 36.18.20.9, when a developer seeks a density bonus, the City shall grant incentives or concessions listed in § 36.18.20.8 as follows:

1. One (1) incentive or concession for projects that include at least ten (10%) percent of the total units for low income households, at least five (5%) percent for very low income households, or at least ten (10%) percent for persons and families of moderate income in a condominium or planned development.

2. Two (2) incentives or concessions for projects that include at least twenty (20%) percent of the total units for low income households, at least ten (10%) percent for very low income households, or at least twenty (20%) percent for persons and families of moderate income in a condominium or planned development.

3. Three (3) incentives or concessions for projects that include at least thirty (30%) percent of the total units for low income households, at least fifteen (15%) percent for very low income households, or at least thirty (30%) percent for persons and families of moderate income in a condominium or planned development.

F. Each housing development is entitled to only one (1) density bonus, which may be selected based on the percentage of either very low income target units, low income target units, or moderate income target units, or the project's status as a senior citizen housing development. Density bonuses from more than one category may not be combined.

G. In accordance with State law, neither the granting of a concession or incentive nor the granting of a density bonus shall be interpreted, in and of itself, to require a General Plan amendment, zoning change, or other discretionary approval.

H. The following tables summarize this information:

Density Bonus Summary Table
Target Group	Minimum % Target Units	Bonus Granted	Additional Bonus for Each 1% Increase in Target Units	% Target Units Required for Maximum 35% Bonus
Very Low Income	5%	20%	2.5%	11%
Low Income	10%	20%	1.5%	20%
Moderate Income (Condo or PD only)	10%	5%	1%	40%
Senior Citizen Housing Development	100%	20%	—	—

Incentives/Concessions Summary Table
Target Group	Target Units
Very Low Income	5%	10%	15%
Low Income	10%	20%	30%
Moderate Income (Condo or PD only)	10%	20%	30%
Maximum Incentive(s)/Concession(s)	1	2	3
Note: A concession or incentive may be requested only if an application is also made for a density bonus, except for child care facilities pursuant to § 36-18.20.5.

§ 36-18.20.4 Land Donation.

[Ord. No. 1132, § 2, Exh. A.]

A. When a developer of a housing development donates land to the City as provided for in this section, the developer shall be entitled to a fifteen (15%) percent increase above the otherwise maximum allowable residential density under the applicable Zoning Ordinance and land use element of the General Plan for the entire development. For each one (1%) percent increase above the minimum ten (10%) percent land donation described in Subsection B2 of this section, the density bonus shall be increased by one (1%) percent, up to a maximum of thirty-five (35%) percent. This increase shall be in addition to any increase in density allowed by § 36-18.20.3, up to a maximum combined density bonus of thirty-five (35%) percent if a developer seeks both the increase required pursuant to this section and § 36-18.20.3. When calculating the number of permitted density bonus units, any calculations resulting in fractional units shall be rounded to the next larger integer.

B. A housing development shall be eligible for the density bonus described in this section if the City makes all of the following findings:

1. The developer will donate and transfer the land no later than the date of approval of the final subdivision map, parcel map, or development application for the housing development.

2. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than ten (10%) percent of the number of residential units of the proposed development, or will permit construction of a greater percentage of units if proposed by the developer.

3. The transferred land is at least one acre in size or of sufficient size to permit development of at least forty (40) units, has the appropriate General Plan designation, is appropriately zoned for development as very low income housing, and is now or at the time of construction will be served by adequate public facilities and infrastructure. No later than the date of approval of the final subdivision map, parcel map, or development application for the housing development, the transferred land will have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land.

4. The transferred land and the very low income units constructed on the land will be subject to a deed restriction ensuring continued affordability of the units consistent with this section, which restriction will be recorded on the property at the time of dedication.

5. The land will be transferred to the City Redevelopment Agency, or to a housing developer approved by the City. The City reserves the right to require the developer to identify a developer of the very low income units and to require that the land be transferred to that developer.

6. The transferred land is within the boundary of the proposed housing development. The transferred land may be located within one-quarter (1/4) mile of the boundary of the proposed housing development if the local agency agrees.

§ 36-18.20.5 Child Care Facilities.

[Ord. No. 1132, § 2, Exh. A.]

A. When a developer proposes to construct a housing development that includes target units as specified in § 35-18.20.3A and includes a child care facility that will be located on the premises of, as part of, or adjacent to the housing development, the City shall grant either of the following if requested by the developer:

1. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility.

2. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

B. A housing development shall be eligible for the density bonus or concession described in this section if the City makes all of the following findings:

1. The child care facility will remain in operation for a period of time that is as long as or longer than the period of time during which the target units are required to remain affordable pursuant to § 36-18.20.7 of this section.

2. Of the children who attend the child care facility, the percentage of children of very low income households, low income households, or moderate income households shall be equal to or greater than the percentage of dwelling units that are proposed to be affordable to very low income households, low income households, or moderate income households.

C. Notwithstanding any requirement of this section, the City shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community already has adequate child care facilities.

§ 36-18.20.6 Condominium Conversions.

[Ord. No. 1132, § 2, Exh. A.]

A. The City shall grant either a density bonus or other incentives of equivalent financial value if the applicant for a conversion of existing rental apartments to condominiums agrees to provide thirty-three (33%) percent of the total units of the proposed condominium project as target units affordable to low or moderate income households, or to provide fifteen (15%) percent of the total units in the condominium conversion project as target units affordable to low income households. All such target units shall remain affordable for the period specified in § 36-18.20.7.

B. For purposes of this section, a "density bonus" means an increase in units of twenty-five (25%) percent over the number of apartments to be provided within the existing structure or structures proposed for conversion.

C. No condominium conversion shall be eligible for a density bonus if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were previously provided pursuant to this article or the applicable sections of State Planning Law.

§ 36-18.20.7 Affordability and Development Standards.

[Ord. No. 1132, § 2, Exh. A.]

A. Target units shall be constructed concurrently with non-restricted units or pursuant to a schedule included in the density bonus housing agreement.

B. Target units offered for rent for low income and very low income households shall be made available for rent at an affordable rent and shall remain restricted and affordable to the designated income group for a minimum period of thirty (30) years. A longer period of time may be specified if required by any construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program applicable to the housing development.

C. Target units offered for sale to very low, low, or moderate income households in condominiums and planned developments shall be sold at an affordable ownership cost. The maximum resale price shall be the lower of: (1) fair market value or (2) the seller's initial purchase price, increased by the lesser of (A) the rate of increase of area median income during the seller's ownership or (B) the rate at which the consumer price index increased during the seller's ownership. The seller of the unit shall retain the market value at the time of sale of any capital improvements made by the seller, the down payment, and the seller's proportionate share of appreciation. Because this subsection limits the seller's appreciation, the seller's proportionate share of appreciation is one hundred (100%) percent.

D. Target units shall be built on-site, unless off-site construction is approved at the City's discretion, and shall be dispersed within the housing development. The number of bedrooms of the target units shall be equivalent to the bedroom mix of the non-target units of the housing development, except that the developer may include a higher proportion of target units with more bedrooms. The design and appearance of the target units shall be compatible with the design of the total housing development. Housing developments shall comply with all applicable development standards, except those which may be modified as provided by this section.

E.

1. Upon the request of the developer, the City shall not require a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of § 36-18.20.3A that exceeds the following ratios:

a. Zero to one (1) bedrooms: one (1) on-site parking space.

b. Two (2) to three (3) bedrooms: two (2) on-site parking spaces.

c. Four (4) and more bedrooms: two and one-half (2 1/2) on-site parking spaces.

2. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, a development may provide "on-site parking" through tandem parking or uncovered parking, but not through on-street parking.

§ 36-18.20.8 Development Standards Modified as Incentive or Concession.

[Ord. No. 1132, § 2, Exh. A.]

A. Incentives or concessions that may be requested pursuant to § 36-18.20.3E and § 36-18.20.5A may include the following:

1. A reduction of site development standards or a modification of Zoning Code requirements or architectural design requirements which exceed the minimum building standards pursuant to the applicable sections of the California Health and Safety Code and which result in identifiable, financially sufficient, and actual cost reductions, including, but not limited to:

a. Reduced minimum lot sizes and/or dimensions.

b. Reduced minimum lot setbacks.

c. Reduced minimum outdoor and/or private outdoor living area.

d. Increased maximum lot coverage.

e. Increased maximum building height and/or stories.

f. Reduced minimum building separation requirements.

g. Reduced street standards, such as reduced minimum street widths.

2. Approval of mixed use zoning in conjunction with the housing development if nonresidential land uses will reduce the cost of the housing development and if the City finds that the proposed nonresidential uses are compatible with the housing development and with existing or planned development in the area where the proposed housing development will be located.

3. Modifications of those development standards included in § 36-18.20.7D.

4. Deferred development impact fees (e.g., capital facilities, parkland in-lieu, park facilities, fire, or traffic impact fees).

5. Other regulatory incentives or concessions proposed by the developer or the City which result in identifiable, financially sufficient, and actual cost reductions.

B. Developers may seek a waiver or modification of development standards that will have the effect of precluding the construction of a housing development meeting the criteria of § 36-18.20.3A at the densities or with the concessions or incentives permitted by this section. The developer shall show that the waiver or modification is necessary to make the housing units economically feasible.

§ 36-18.20.9 Application Requirements and Review.

[Ord. No. 1132, § 2, Exh. A.]

A. An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this section shall be submitted with the first application for approval of a housing development and processed concurrently with all applications required for the housing development. The application shall be submitted on a form prescribed by the City and shall include at least the following information:

1. Site plan showing total number of units, number and location of target units, and number and location of proposed density bonus units.

2. Level of affordability of target units and proposals for ensuring affordability.

3. Description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards. For all incentives and concessions except mixed use development, the application shall include evidence that the requested incentives and concessions result in identifiable, financially sufficient, and actual cost reductions. For waivers or modifications of development standards, the application shall show that the waiver or modification is necessary to make the housing units economically feasible and that the development standards will have the effect of precluding the construction of a housing development meeting the criteria of § 36-18.20.3A at the densities or with the concessions or incentives permitted by this section.

4. If a density bonus or concession is requested for a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the findings included in § 36-18.20.4B can be made.

5. If a density bonus or concession is requested for a child care facility, the application shall show the location and square footage of the child care facilities and provide evidence that each of the findings included in § 36-18.205.B can be made.

B. An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this section shall be considered by and acted upon by the approval body with authority to approve the housing development. Any decision regarding a density bonus, incentive, concession, waiver, modification, or revised parking standard may be appealed to the Planning Commission and from the Planning Commission to the City Council. In accordance with State law, neither the granting of a concession, incentive, waiver, or modification nor the granting of a density bonus shall be interpreted, in and of itself, to require a general plan amendment, zoning change, variance, or other discretionary approval.

C. Before approving an application for a density bonus, incentive, concession, waiver, or modification, the approval body shall make the following findings:

1. If the density bonus is based all or in part on donation of land, the findings included in § 36-18.20.4B.

2. If the density bonus, incentive, or concession is based all or in part on the inclusion of a child care facility, the findings included in § 36-18.20.5B.

3. If the incentive or concession includes mixed use development, the finding included in § 36-18.20.8.

4. If a waiver or modification is requested, the developer has shown that the waiver or modification is necessary to make the housing units economically feasible.

D. If a request for a concession or incentive is otherwise consistent with this section, the approval body may deny a concession or incentive if it makes a written finding, based upon substantial evidence, of either of the following:

1. The concession or incentive is not required to provide for affordable rents or affordable ownership costs.

2. The concession or incentive would have a specific adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.

E. If a request for a waiver or modification is otherwise consistent with this section, the approval body may deny a concession or incentive only if it makes a written finding, based upon substantial evidence, of either of the following:

1. The waiver or modification would have a specific adverse impact upon health, safety, or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.

2. The waiver or modification would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

F. If a density bonus or concession is based on the provision of child care facilities, the approval body may deny the bonus or concession if it finds, based on substantial evidence, that the City already has adequate child care facilities.

§ 36-18.20.10 Density Bonus Housing Agreement.

[Ord. No. 1132, § 2, Exh. A.]

A. Developers requesting a density bonus shall agree to enter into a density bonus housing agreement with the City. A density bonus housing agreement shall be made a condition of the discretionary planning permits for all housing developments pursuant to this section and shall be recorded as a restriction on any parcels on which the target units or density bonus units will be constructed.

B. The density bonus housing agreement shall be recorded prior to final or parcel map approval, or, where the housing development does not include a map, prior to issuance of a Building Permit for any structure in the housing development. The density bonus housing agreement shall run with the land and bind on all future owners and successors in interest.

C. The density bonus housing agreement shall include but not be limited to the following:

1. The total number of units approved for the housing development, the number, location, and level of affordability of target units, and the number of density bonus units.

2. Standards for determining affordable rent or affordable ownership cost for the target units.

3. The location, unit size in square feet, and number of bedrooms of target units.

4. Provisions to ensure affordability in accordance with Sections 36-18.20.7B and C of this section.

5. A schedule for completion and occupancy of target units in relation to construction of non-restricted units.

6. A description of any incentives, concessions, waivers, or reductions being provided by the City.

7. A description of remedies for breach of the agreement by either party. The City may identify tenants or qualified purchasers as third party beneficiaries under the agreement.

8. Procedures for qualifying tenants and prospective purchasers of target units.

9. Other provisions to ensure implementation and compliance with this section.

D. In the case of for-sale housing developments, the density bonus housing agreement shall include the following conditions governing the sale and use of target units during the applicable use restriction period:

1. Target units shall be owner-occupied by eligible very low, low, or moderate income households, or by qualified residents in the case of senior citizen housing developments.

2. The purchaser of each target unit shall execute an instrument approved by the City and to be recorded against the parcel including such provisions as the City may require ensuring continued compliance with this section.

E. In the case of rental housing developments, the density bonus housing agreement shall provide for the following:

1. Procedures for establishing affordable rent, filling vacancies, and maintaining target units for eligible tenants.

2. Provisions requiring verification of household incomes.

3. Provisions requiring maintenance of records to demonstrate compliance with this subsection.

F. Density bonus housing agreements for land dedication and child care facilities shall ensure continued compliance with all conditions included in § 36-18.20.4 and 3-18.20.5, respectively.

§ 36-18.21 Home Occupations.

Conducting a business in or from a dwelling is a permitted use of an accessory nature which is subject to the following conditions:

A. All businesses conducted within the City limits and from a dwelling shall comply with the licensing requirements for businesses in the City.

B. Prior to receipt of a license to conduct a business in and from a dwelling, a Home Occupation Permit shall be obtained from the Site Plan Review Committee.

C. Application for a Home Occupation Permit shall be made in writing upon an application form as prescribed by the Site Plan Review Committee and include a Filing Fee pursuant to § 36-27.

D. The Site Plan Review Committee shall review the Home Occupation Permit Application and determine whether or not the proposed home occupation complies pursuant to the regulations of this section. The applicant may appeal any decision of the Site Plan Review Committee as provided in § 36-22 Appeals.

E. If the Committee certifies that the proposed home occupation complies, the Home Occupation Permit shall be issued by the Committee subject to the following requirements:

1. The person conducting the business shall reside on the premises on a regular full-time basis and the business shall be clearly incidental and secondary to the residential use.

2. The residential appearance of the premises shall not be altered through remodeling or new construction so as to give the appearance of other than normal residential premises or to call attention to the premises.

3. The business shall be conducted entirely within buildings designed and built for normal residential use; not more than twenty-five (25) percent of all buildings on the property shall be devoted to the home occupation; and there shall be no outside activity, storage or display.

4. Required Off-Street Parking shall be maintained for vehicle parking purposes and shall not be converted for Home Occupation use.

5. No parking or traffic shall be generated by the business in greater volumes than would normally be expected for a residence. In no case shall client and/or off-site employee generated traffic exceed ten (10) trips per day in any given twenty-four (24) hour time period.

6. No trucks or construction equipment shall be parked or stored on or near the premises.

7. All pick-ups and deliveries shall be made by an allowed "business vehicle." "Business vehicle" means a car, pick-up or small van used for home business purposes and driven by a person living on the premises. Parking or obstruction of public streets or ways in violation of the State Vehicle Code or City of Oakdale City Code shall not be permitted.

8. One sign not exceeding two (2) square feet, indicating the name of the occupant, and the home occupation, and affixed flat on the front of the residence shall be allowed.

9. The conduct of the home occupation business shall not create a disturbance or nuisance by reason of noise, odor, fumes, dust, vibration, smoke, electrical interference or other causes which is not commonly associated with typical residential activities. In terms of noise and consistent with the City of Oakdale Noise Element, exterior noise levels at the exterior property line shall not exceed 65 dB LDN (or CNEL).

10. Vehicle painting, repair and/or body and fender work shall be prohibited.

11. By affixing a signature to the Home Occupation Permit, the applicant acknowledges the Home Occupation Permit requirements, certifies compliance to those requirements, and expresses the understanding that the Home Occupation Permit may be revoked for non-compliance with any of the requirements.

F. Revocation of a Home Occupation Permit shall be in accordance with § 36-18.30.

§ 36-18.22 Second Residential Units.

The following provisions shall apply to Site Plan Review Permits for Second Residential Units:

A. Either the principal or secondary unit shall be occupied by the owner of record of the lot on which the second unit is to be situated.

B. The maximum living area of the second residential unit shall be limited to fifty (50%) percent of the floor space of the primary unit, provided that in no case shall the living area of the second unit exceed eight hundred (800) square feet.

C. Each second residential unit shall be constructed with a separate exterior lighted entrance.

D. Each second residential unit shall be equipped with internally lighted house numbers which shall be located in such a manner as to be visible from the street.

E. Second residential units may be attached or detached to the principal dwelling.

F. Minimum lot sizes as specified in this chapter.

G. Second residential units shall be subject to all provisions of the ordinances and rules and regulations of the City.

H. Mobile homes for temporary use for special medical circumstances on legal land parcels containing a minimum area of six thousand (6000) square feet may be considered in the same manner as other use permit requests as provided for in section 36-20 of the Municipal Zoning Code provided the following findings and standards are met:

1. One mobile home (a minimum 12 feet x 40 feet in size) may be permitted by use permit when appurtenant to a single family dwelling on a parcel whether in a commercial or residential zone provided:

2. The mobile home is occupied by a member of the immediate family of the resident owner of the principal dwelling;

3. The residence is occupied by a person who is aged, infirmed or has other special medical circumstances who needs special care;

4. That the mobile home meets all yard and structure separation requirements of the R-1 district;

5. That the mobile home will not be detrimental to the neighboring uses;

6. That the owner of the mobile home will agree to remove it when these conditions are no longer met and to ensure that the mobile home is temporary in nature that a formal renewal permit shall be applied for on an annual basis and annual monitoring fee paid;

7. That a statement shall be required to be recorded on the deed title for the lot which states that the use of the mobile home does not run with the use of the land but the tenancy of the principal residence.

[Ord. No. 967, § 3.]

§ 36-18.23 Vision Obstructions.

A. Corner Lots. In zoning districts requiring a front yard, there shall be a clear vision triangle on all corner lots. The triangle is an area bounded by the front and side street property lines and a line connecting them twenty-five (25) feet from their intersection. Within the triangle, the area between three (3) and eight (8) feet in height as measured from the top of the curb adjacent to the front yard shall be clear of vision obstructions. Trees may penetrate the clear area so long as there are no branches lower than eight (8) feet and the trunk, or trunks if there are multiple trees, do not exceed a combined width of four (4) feet. If no curb exists, the Public Works Director shall establish curb grade.

B. Driveways. In all zoning districts, there shall be a clear vision triangle on either side of a driveway intersecting with a public street right-of-way. The triangle is an area bounded by the street property line and the driveway and a line connecting them ten (10) feet from their intersection. When either the street or driveway is curvilinear, measurement shall be taken from the point of intersection using a ninety (90) degree angle which most closely aligns to both the driveway and street line. Within both triangles on either side of the driveway the area between three (3) and eight (8) feet in height as measured from the top of the curb adjacent to the driveway shall be clear of vision obstructions. Trees may penetrate the clear area so long as there are no branches lower than eight (8) feet and the trunk, or trunks if there are multiple trees, do not exceed a combined width of four (4) feet. If no curb exists, the City Engineer shall establish curb grade.

C. Sidewalks. In all zoning districts, no foliage or structural features shall extend into the cross visibility area between the surface of a sidewalk or public walkway and eight (8) feet in height as measured from the surface of the sidewalk or public walkway.

D. In addition to obstructions in A, B, and/or C above, the Director may require the removal of landscaping, structures or vehicles on any lot which in his opinion constitute a hazard to vehicular or pedestrian traffic.

§ 36-18.24 Mobile Homes.

Mobile homes for recreational use that are certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, and constructed after June 15, 1976, and attached to a permanent foundation, shall be allowed on all lots permitting single-family dwellings; provided that:

A. It has not been altered or modified in violation of applicable codes.

B. It is located on a foundation system pursuant to Section 18551 of the California State Health and Safety Code.

C. It is subject to all provisions of the zoning code applicable to conventional dwellings.

D. It is covered with exterior siding customarily used on conventional dwellings.

E. It has a roof consisting of shingles or other materials customarily used on conventional dwellings.

§ 36-18.25 Mobile Home Parks.

A mobile home park shall conform to the same design, equipment and operational requirements as any other multi-family development, and shall be subject to all of the applicable requirements of the zoning district in which it is located. In residential districts, a maximum of ten (10%) percent of the spaces can be set aside for transient use.

§ 36-18.26 (Reserved) [1]

[1] Editor's Note: Former § 36-18.26, Large Family Day Care Homes, previously codified herein, was repealed by Ordinance No. 992, Exh. G.

§ 36-18.27 Accessory Buildings, Structures and Uses.

[Ord. No. 1035, § 1, 1996; Ord. No. 1143, Exh. E.]

A. Accessory buildings shall meet the following requirements:

1. An accessory building shall be erected detached from the main building.

2. Any accessory building shall be located at least five (5) feet from any building on the lot and shall be situated on the rear-half of the lot.

3. On a corner lot, the accessory building shall not project beyond the front yard required on the adjacent lot, and corner lots with an exterior side yard facing a street are required to hold a ten (10) foot exterior side yard setback from the property line for primary and accessory buildings.

4. Accessory buildings shall not occupy more than thirty (30%) percent of the required side and rear yard.

5. Except for second units, guest houses and caretaker quarters, accessory buildings shall not be used for dwelling purposes.

6. Garages with driveways accessing a street must maintain a twenty (20) foot setback.

7. An accessory building not exceeding a maximum height of nine (9) feet at the exterior building line may be constructed no closer than three (3) feet from the rear and interior side-yard lot lines not to exceed a maximum height of fifteen (15) feet. All other single-story accessory buildings may be constructed no closer than five (5) feet from the rear and interior side-yard lot line with a maximum height of fifteen (15) feet.

8. An accessory building greater than fifteen (15) feet in height, or more than one-story, shall meet normal building setbacks for that zoning district where situated and shall not exceed the applicable building height limits as specified in that district.

B. Accessory uses shall be those uses customarily appurtenant to a permitted use and shall be clearly incidental to the permitted use.

§ 36-18.28 Fences, Hedges, Walls, and Screen Plantings.

[Ord. No. 916, § 1, 1988; Ord. No. 1143, Exh. E.]

Fences, hedges, walls, and screen plantings shall be subject to the following:

A. Fences, hedges, walls, and screen plantings not exceeding three (3) feet in height may extend to the property line in the front yard and to the property line in the exterior side yard, but in no case closer than thirty (30) feet from the center line of the street.

B. Fences, hedges, walls, and screen plantings not exceeding eight (8) feet in height may occupy any interior side yard and/or rear yard, and in the front yard and/or exterior side yard area situated behind the building setback lines. Except that in all zoning districts, there shall be a clear vision triangle on either side of a driveway intersecting with a public street right-of-way. The triangle is an area bounded by the street property line and the driveway and a line connecting them ten (10) feet from their intersection. When either the street or driveway is curvilinear, measurement shall be taken from the point of intersection using a ninety (90) degree angle which most closely aligns to both the driveway and street line. Within both triangles on either side of the driveway the area between three (3) and eight (8) feet in height as measured from the top of the curb adjacent to the driveway shall be clear of vision obstructions. Trees may penetrate the clear area so long as there are not branches lower than eight (8) feet and the trunk, or trunks if there are multiple trees, do not exceed a combined width of four (4) feet. If no curb exists, the City Engineer shall establish curb grade.

C. Fences, hedges, walls, and screen plantings exceeding eight (8) feet in height may be erected subject to obtaining Site Plan Review approval pursuant to § 36-19.

D. The following provisions shall apply to swimming pools, hot tubs, spas, etc.:

1. The pool or basin, or the entire lot on which it is located, shall be so walled or fenced as to prevent uncontrolled access from the street or adjacent lots by a perimeter barrier not less than six (6) feet in height. The fence or wall shall be constructed such that no object four (4) inches or more in diameter can pass through.

2. The fences or walls surrounding a pool or basin shall be equipped with a self-closing and self-latching gate. The latch shall be at least four (4) feet above ground level, and maintained in good working condition at all times.

E. Masonry is that form of solid construction composed of stone, brick, concrete, hollow clay tile, concrete block or tile, or a combination of these materials laid up unit by unit and set in mortar including concrete panels.

§ 36-18.29 Amusement Arcade.

The following provisions shall apply to Use Permits for an Amusement Arcade:

A. Use Permits for Amusement Arcades shall be subject to the following conditions and such other conditions as may be determined necessary by the Planning Commission:

1. Parking for bicycles shall be provided at one (1) bicycle space for every two (2) amusement game machines.

2. Storage lockers or bins for skateboards shall be provided at one (1) locker or bin for every two (2) amusement game machines.

3. At least one (1) adult, eighteen (18) years or older, employee shall be present on the premises to provide continuous supervision of the amusement arcade during all hours of operation.

B. Amusement Arcades shall not be located within three hundred (300) feet of any public school.

§ 36-18.30 Revocation of Permits, Site Plans, Use Permits, and/or Variances.

Any Permits, Site Plans, Use Permits, and/or Variances as specified in this chapter may be revoked subject to the following:

A. Following a public hearing held in accordance with this section, the Planning Commission may modify or revoke any Permit, Site Plan, Use Permit, and/or Variance on one (1) or more of the following grounds:

1. The approval was obtained by fraud.

2. The use for which approval was granted is not being exercised or has ceased to exist.

3. The use is being exercised contrary to the conditions of approval or in violation of other applicable laws and/or regulations.

4. The use for which approval was granted is being exercised in such a manner as to be detrimental to the public health, safety, or welfare, or so as to constitute a nuisance.

B. Public Hearing Procedure.

1. Upon determination by the Director that one (1) or more of the grounds specified in Subsection 1 may exist, the Director shall set a Public Hearing date.

2. A Public Notice of the hearing shall be prepared which, at a minimum, describes the location of the property, nature of the hearing, and the time and place of the hearing (California Government Code Section 65094 and 65905). The notice shall be distributed as follows (California Government Code Section 65091):

a. Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to the owner of the subject real property or the owner's duly authorized agent.

b. Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

c. Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within three hundred (300) feet of the real property that is subject to the hearing. In lieu of utilizing the assessment roll, the Director may utilize records of the county assessor tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection is greater than one thousand (1,000), the Director, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth (1/8) page in at least one (1) newspaper of general circulation within the City at least ten (10) days prior to the hearing.

d. If the notice is mailed or delivered pursuant to Subsection C, the notice shall also either be:

(1) Published in at least one (1) newspaper of general circulation within the City at least ten (10) days prior to the hearing.

(2) Posted at least ten (10) days prior to the hearing in at least three (3) public places in the City, including one (1) public place in the area directly affected by the proceeding.

e. The notice shall also be mailed or delivered at least ten (10) days prior to the hearing to any person who has filed a written request for notice with the City or to any other person designated by the City to receive these requests. The City may charge a fee which is reasonably related to the costs of providing this service and the City may require each request to be annually renewed.

3. Any report or recommendation on a Revocation by the Director shall be in writing and a copy thereof served on the owner of the subject real property or the owner's duly authorized agent at least three (3) days prior to the Public Hearing.

4. The Planning Commission shall conduct the Public Hearing at the time, date, and place as specified in the Public Notice, subject to such rules and procedures as the Planning Commission may, from time to time, adopt.

C. Revocation. The Planning Commission shall evaluate the proposed Revocation to establish whether or not the grounds specified in Subsection A, and such other findings which may be specified by State law, can be determined, based on the evidence and testimony presented.

D. Planning Commission Action. The Planning Commission may modify or revoke any Permit, Site Plan, Use Permit, and/or Variance. In modifying any previous approval, the Planning Commission may impose such requirements and conditions with respect to location, design, construction time period, maintenance and operation, as deemed necessary for the protection of adjacent properties and the public interest when reasonably related to the use of the property.

E. Appeals. Any action taken by the Planning Commission in considering a Revocation may be appealed pursuant to the provisions of § 36-22.

F. Use Permit Modification or Revocation. Upon expiration of the appeal period pursuant to § 36-22 or upon final action relating to an appeal, if filed, the Director shall advise the permittee, in writing, of the determination and include any applicable requirements and conditions.

§ 36-18.31 Penalties and Proceedings.

The following provisions shall apply:

A. Any person, firm, corporation, society, club, or organization, whether as principal, agent, employee, or otherwise, violating any of the terms, requirements, regulations, or provisions of this chapter shall be deemed guilty of an infraction and, upon conviction thereof, punishable by a fine or not more than three hundred (300) dollars or by imprisonment in the County Jail for not more than one hundred and eighty (180) days or both such fine and imprisonment. Such person, firm, corporation, society, club, or organization is guilty of a separate offense for each and every day during which any portion of any violation of this chapter is committed or continued and shall be punishable as herein provided.

B. Any building, structure, or lot set up, erected, constructed, altered, enlarged, converted, moved, maintained, or used contrary to the provisions of this chapter is unlawful and a public nuisance. Upon order of the City Council, the City Attorney shall immediately commence action for the abatement, removal, and/or enjoinment thereof in the manner provided by law; and, shall take such other steps and apply to such courts as may have jurisdiction to grant such relief as will abate and remove the public nuisance and enjoin any person, firm, corporation, society, club, or organization from establishing or continuing a use contrary to the provisions of this chapter.

C. The remedies provided for herein shall be cumulative and not exclusive.

§ 36-18.32 Reasonable Accommodation.

[Ord. No. 1230-15 Exh. A.]

A. Purpose. It is the policy of the City of Oakdale, pursuant to the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This section establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the jurisdiction to comply fully with the intent and purpose of fair housing laws.

B. Applicability. Reasonable accommodation in the land use and zoning context means providing individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.

An individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.

A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities.

C. Notice to the Public of Availability of Accommodation Process. Notice of the availability of reasonable accommodation shall be prominently displayed at public information counter in the Public Services Department, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in the Public Services Department.

D. Requesting Reasonable Accommodation.

1. In order to make housing available to an individual with a disability, any eligible person as defined in § 36-18.32B may request a reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures.

2. Requests for reasonable accommodation shall be in writing and provide the following information:

a. Name and address of the individual(s) requesting reasonable accommodation;

b. Name and address of the property owner(s);

c. Address of the property for which accommodation is requested;

d. Description of the requested accommodation and regulation(s), policy or procedure for which accommodation is sought; and

e. Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.

3. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

4. A request for reasonable accommodation in regulations, policies, practices, and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

5. If an individual needs assistance in making the request for reasonable accommodation, the City of Oakdale will provide assistance to ensure that the process is accessible.

E. Reviewing Authority.

1. Requests for reasonable accommodation shall be reviewed by the Public Services Director, using the criteria set forth in § 36-18.32F.

2. The Public Services Director shall issue a written decision on a request for reasonable accommodation within thirty (30) days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in § 36-18.32F.

3. If necessary to reach a determination on the request for reasonable accommodation, the Public Services Director may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty (30) day period to issue a decision is stayed until the applicant responds to the request.

F. Required Findings. The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:

1. Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities, as defined and protected under Federal and State fair housing laws;

2. Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;

3. Whether the requested accommodation would impose an undue financial or administrative burden on the City; and

4. Whether the requested accommodation would require a fundamental alteration in the nature of the City's land use and zoning or building program.

G. Written Decision on the Request for Reasonable Accommodation.

1. The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the Public Services Director's findings on the criteria set forth in § 36-18.32F. All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail.

2. The written decision of the Public Services Director shall be final unless an applicant appeals it to the Planning Commission.

3. If the reviewing authority fails to render a written decision on the request for reasonable accommodation within the thirty (30) day time period allotted by § 36-18.32E the request shall be deemed granted.

4. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain the full force and effect.

H. Appeals.

1. Within thirty (30) days of the date of the Public Services Director's written decision, an individual may appeal an adverse decision. Appeals from the adverse decision shall be made in writing.

2. If an individual needs assistance in filing an appeal on an adverse decision, the City will provide assistance to ensure that the appeals process is accessible.

3. All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

4. Appeal procedures are set for by Oakdale Municipal Code § 36-22: Hearings and Appeals. Decisions by staff may be appealed to the Planning Commission and decisions of the Planning Commission may be appealed to the City Council.

5. Nothing in this procedure shall preclude an aggrieved individual from seeking any other State or Federal remedy available.

I. Severability. The provisions of these sections of the code are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, or portion of these sections, or the invalidity of the application thereof to any person or circumstances, shall not affect the validity of the remainder of this section, or the validity of its application to other persons or circumstances.

§ 36-19 Site Plan Review.

§ 36-19.1 Applicability.

[Ord. No. 1026, § 1, 1995; Ord. No. 1143, Exh. C.]

The regulations in this section shall apply in all zoning districts wherein site plan review is specified and shall be subject to the provisions of § 36-18. Specifically, site plan review provisions shall apply in all zoning districts to any principal use and uses subject to use permit.

§ 36-19.2 Purpose.

The purposes of the site plan review process are to enable the Site Plan Review Committee to make a finding that the proposed development is in conformity with the intent and provisions of this ordinance and to guide the Department of Community Development and the Building Official in the issuance of building permits. More specifically, Site Plan Review is provided to ensure that structures, parking areas, walks, refuse containers, landscaping and street improvements are properly related to their sites and to surrounding sites and structures; to prevent excessive grading of the land and creation of drainage hazards; to prevent the indiscriminate clearing of property and the destruction of trees and shrubs of ornamental value; site development; and to encourage originality in site design and development in a manner which will enhance the physical appearance and attractiveness of the community. The Site Plan Review process is intended to provide for expeditious review of Environmental Impact Assessments required by official policy of the City and the State of California.

§ 36-19.3 Site Plan Review Committee–Membership.

A Site Plan Review Committee, consisting of the Community Development Director, the Public Works Director and a representative appointed by the City Administrator, is created to carry out the duties hereinafter specified. Said Committee will also function as the Environmental Review Committee to perform the required Environmental Impact Assessment under the applicable provisions of the City policy as adopted by resolution pursuant to the California Environmental Quality Act of 1970, as amended.

§ 36-19.4 Powers and Duties.

The Site Plan Review Committee shall have the following powers and duties:

A. To review Site Plan Applications for new construction and/or enlargement of structures for conformity with this chapter and adopted Design Standards for advisement to the Building Inspector; and

B. The Committee may grant variations from the Design Standards whenever the Committee determines that the Design Standards impose a physical hardship which cannot be reasonably met. However, said variations shall not abridge any minimum standard or regulation imposed by this chapter.

§ 36-19.5 Application.

The applicant shall submit five (5) prints of the site plan to the Community Development Department. The site plan shall be drawn to scale and indicate clearly and with full dimensions, the following information:

A. Lot or site dimensions.

B. All buildings and structures: location, size, height, proposed use.

C. Yards and space between buildings.

D. Walls and fences: location, height and materials.

E. Off-street parking and off-street loading: location, number of spaces and dimensions of parking and loading areas, internal circulation pattern.

F. Access – Pedestrian, vehicular, service: points on ingress and egress, internal circulation.

G. Signs: location, size, height and type of illumination, if any including hooding devices.

H. Lighting: location and general nature, hooding devices.

I. Name all adjacent streets, roads or alleys, showing right-of-way and dedication widths, reservation width, and all types of improvements existing or proposed.

J. Landscaping: location, type, and method of irrigation.

K. Refuse enclosures: location, type and material.

L. Such other data pertaining to site development as may be required by the planning Department to make the required findings.

[Ord. No. 911, § 8,1987.]

§ 36-19.6 Application Evaluation and Findings.

The Site Plan Review Committee shall evaluate the Site Plan application to establish whether or not the following findings, and such other findings which may be specified by State law, can be determined, based on the evidence and testimony presented:

A. That the proposed use is consistent with the General Plan and any applicable specific plans adopted by the City.

B. That the design or improvements of the proposed use is consistent with the General Plan and any applicable specific plans adopted by the City.

C. That the site is physically suitable for the type, density, and intensity of the proposed use.

D. That the design or improvements of the proposed use are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat.

E. That the design of the proposed use is not likely to cause public health problems.

§ 36-19.7 Site Plan Review Committee Action.

The Site Plan Review Committee may approve or conditionally approve a Site Plan. In conditionally-approving a Site Plan, the Committee may impose such requirements and conditions with respect to location and design, as determined to be necessary to obtain conformity with this chapter and adopted Design Standards. Denial of a Site Plan by the Site Plan Review Committee shall be in the form of a recommendation to the Planning Commission. Upon receipt of the recommendation for denial, the Planning Commission shall review the Site Plan and said recommendation for denial at its next regularly scheduled meeting.

§ 36-19.8 Relationship to Environment Assessment and Environmental Impact Reporting Procedures.

A. A site plan approved pursuant to the provisions of this section shall be considered in relation to requirements of City policy governing the preparation of Environmental Impact Assessments. It is the intent of this section that an Environmental Impact Assessment be made concurrently with and as a part of the Site Plan Review process.

B. Where it is determined by the Environmental Review Committee that an Environmental Impact Report (EIR) is required for a proposed project, action on a proposed site plan shall be deferred until such time as the EIR has been prepared and reviewed pursuant to provisions of the City's Guidelines and State law. The Planning Commission and/or City Council shall, at the completion of said EIR review, attach such conditions to the approval of the site as in their judgement mitigate or reduce to acceptable levels any of the environmental impacts identified during review of the EIR. The Planning Commission and/or City Council may deny a site plan if it is found that such mitigation or reduction of environmental impacts is not feasible.

§ 36-19.9 Appeals.

Any action taken by the Committee and the Planning Commission in considering a Site Plan application may be appealed pursuant to the provisions of § 36-22.

§ 36-19.10 A Site Plan Issuance.

Upon expiration of the appeal period pursuant to § 36-22 or upon final action relating to an appeal, if filed, the Director shall advise the applicant, in writing, of the determination and include any applicable requirements and conditions.

§ 36-19.11 Site Plan Expiration.

[Ord. No. 911, § 9,1987.]

A Site Plan shall become null and void if the Site Plan has not been used for its intended purpose within one (1) year from the date of the approval action. Upon written request of the applicant filed with the City prior to the expiration date, the expiration date may be extended by the Director for an additional period up to, but not exceeding, ninety (90) days.

§ 36-20 Zoning And Occupancy Permits. Use Permits And Variances.

§ 36-20.1 Zoning and Occupancy Permits.

[Ord. No. 988, Exh. A, 1991.]

Zoning and Occupancy Permits shall be required for all buildings and structures hereinafter occupied, erected, constructed, altered, repaired or moved within or into any district established by this chapter and for the use of vacant land or for a change in the character of the use of land, within any district. No building permit shall be issued until the zoning clearance portion thereof has been completed by the Community Development Department and any required Site Plan, Use Permit or Variance has been issued and become effective. No Commercial or Industrial use may be occupied until clearance has occurred as to consistency with the provisions of the Municipal Code or any Site Plan, Use Permit or Variance granted.

§ 36-20.2 Use Permits and Minor Use Permits.

[Ord. No. 988, Exh. A, 1991.]

A. Use Permits and Minor Use Permits revocable, conditional and/or valid for a term period, may be issued as provided in this section for any of the uses or purposes for which such permits are required or permitted by the terms of this chapter. The Planning Commission or Community Development Director may impose such conditions as they deem necessary to secure the purposes of this chapter and may require tangible guarantees or evidence that such conditions are being, or will be, complied with.

B. All Use Permits and Minor Use Permits for which no term is specified by the Director, Planning Commission or City Council shall expire one (1) year after their effective date.

C. Minor Use Permits and Use Permits are applicable to those uses as set forth in each zoning classification and per § 36-20.5.

§ 36-20.3 Application for Use Permit or Minor Use Permit.

[Ord. No. 988, Exh. A, 1991.]

A. Application for a Use Permit or Minor Use Permit shall be made in writing by the owner of the property, lessee, purchaser in escrow, optionee with the consent of the owners, or by a public utility company or other agency with the powers of eminent domain, on a form prescribed by the Director. The application shall be accompanied by a fee in an amount to be set by Resolution of the City Council. A plot plan and details must be prepared in accordance with, and subject to, the provisions of this chapter and site plan review requirements of § 36-19 showing the details of the proposed use to be made of the land or building. The Planning Commission or Director may request additional information as necessary for environmental review or to address other pertinent issues associated with the use or site area.

B. Upon receipt of the application, the Community Development Department shall prepare a report regarding the issues and consistency of the request with City policy and standards.

§ 36-20.4 Action on Use Permits and Minor Use Permits.

[Ord. No. 988, Exh. A, 1991.]

A. The Planning Commission (Use Permit) or Director (Minor Use Permit) shall hold a public hearing on any application which shall be noticed in the manner provided in § 36-22.

B. Both the Director and the applicant shall have the right to refer a Minor Use Permit application directly to the Planning Commission in lieu of the normal process for Minor Use Permits.

C. The Planning Commission (Use Permit) or Community Development Director (Minor Use Permit) at a public hearing shall determine whether or not the establishment, maintenance, or operation of the use applied for will, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood or the general welfare of the City. In addition if the following findings can be made, the Permit may be granted:

1. The proposed Permit is consistent with the City of Oakdale General Plan.

2. That the project has been reviewed in compliance with CEQA and the appropriate determination has been made.

3. That the project is deemed to be a reasonable extension of existing development patterns in the area.

4. That the site for the proposed use has adequate access which shall mean that the site design is of a size and shape to accommodate the proposed use and all yards, open spaces, setbacks, walls and fences, parking areas, landscaping and other features pertaining to the application.

D. Permits shall not be issued until ten (10) working days have elapsed from the granting thereof, and in case an appeal is filed from the Planning Commission or Directors decision, it shall not be issued until acted upon by the City Council on such appeal. Use Permits shall not have any force and effect until the permittee acknowledges receipt thereof and acceptance of any conditions thereto.

E. Minor Use Permit Appeal. In the event the applicant or any other interested parties is dissatisfied with the action of the Director, an appeal may be filed in writing within ten (10) days following the notice of the decision date pursuant to these provisions. Upon appeal, the application shall be processed in the manner provided for Use Permits. The applicant shall submit such additional information and data required by the provisions of this chapter.

§ 36-20.5 Use Permits or Minor Use Permits Which May Be Applied for in Any District.

[Ord. No. 992, Exh. A, 1991.]

A. Expansions and Permit Extensions. The Director may approve minor expansions or extensions to previously approved Use Permits or Minor Use Permits when it complies with all of the following conditions:

1. The building and/or use expansion is incidental to an existing use.

2. The building and/or use expansion does not result in a change of use.

3. The building and/or use expansion involves less than a twenty-five (25%) percent increase in ground area covered by structures associated with said use.

4. The building and/or use expansion does not involve an increase in the overall area of the site greater than ten (10%) percent.

5. The building and/or use expansion in the opinion of the Director would not have a significant adverse effect on abutting property.

6. The building and/or use expansion complies with the existing requirements and agencies having jurisdiction and any other appropriate regulatory agency as determined by the Director.

B. Use Permits:

1. Clubs, Lodges or Fraternal Organizations

C. Minor Use Permits:

1. Wherein within this chapter the term Conditional Use Permit or Use Permit is used rather than Major or Minor Use Permit, the Community Development Director may determine the appropriate manner for processing the request.

2. Per § 36-18.7 C. "Off-site Parking" the Director may process requests as a Minor Use Permit.

§ 36-20.6 Variances and Minor Variances.

[Ord. No. 988, Exh. A, 1991.]

A. Application for Variances and Minor Variances from the strict application of the terms of this chapter may be made and Variances granted when the following circumstances are found to apply. No request may be applied for which is a Use Variance.

1. That any Variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated; and

2. That because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the zoning law is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification; and

3. That the granting of the variance will not be contrary to the intent of this chapter or to the public safety, health and welfare, or injurious to other properties in the vicinity.

§ 36-20.7 Application for Variance and Minor Variance.

[Ord. No. 988, Exh A., 1991.]

A. Applications shall be made as provided for Use Permits except that evidence must also be provided showing that the findings listed in Section 20-6 can be made.

§ 36-20.8 Action on Variances and Minor Variances.

[Ord. No. 988, Exh. A, 1991.]

A. The Planning Commission (Variance) or Director (Minor Variance) shall hold a public hearing on any application for a Variance which shall be noticed in the manner provided for in § 36-22. If it is found that the qualifications under § 36-20.6. A apply to the land, building or use for which request is sought, and that such variance is in accordance with the intent of this chapter, it may be granted, all or part of the request sought, subject to necessary conditions determined appropriate.

B. The Planning Commission (Variance) or Director (Minor Variance) at a public hearing shall determine whether or not the findings listed in § 36-20.6 can be made and that the exception will not under the circumstances of the particular case, be detrimental to the health and safety of the persons.

§ 36-21 Specific Plans. [1]

Part I

General Provisions.

[1] Editor's Note: Former § 36-21, Variances, previously codified herein was repealed by Ordinance No. 988.

§ 36-21.1 Authority for Specific Plans.

[Ord. No. 1032, § 1, 1995.]

Pursuant to California Government Code Sections 65450 et seq., the City Council is authorized to prepare or to cause to have prepared, adopt and implement Specific Plans for future development within the General Plan "2015 Study Area."

§ 36-21.2 Purpose and Intent.

[Ord. No. 1032, § 1, 1995.]

It is the intent and purpose of this section to establish uniform procedures for the adoption and implementation of Specific Plans and in so doing, enable the coordination of future development within the City and the unincorporated Oakdale "2015 Study Area." The purpose of the Specific Plan is to provide an application tool for use in implementing the General Plan, on an area-specific basis and to facilitate annexations pursuant to the Stanislaus County Local Area Formation Commission (LAFCO). A Specific Plan prepared in accordance with the requirements set forth herein, is intended to serve as a regulatory document with project development guidelines consistent with the General Plan, and development design standards and zoning included to address the unique situation within the Specific Plan area and provide regulatory controls.

§ 36-21.3 Applicability.

[Ord. No. 1032, § 1, 1995.]

A. A Specific Plan shall be prepared and processed in compliance with provisions of State law and this section for the orderly implementation of the City of Oakdale General Plan.

B. The provisions of this section shall apply to all identified planning areas which are consistent with the boundaries of the General Plan "2015 Study Area."

C. No building or grading permit, conditional use permit, variance, tentative map, final or parcel map, or any other entitlement shall be granted for any parcel identified within a Specific Plan, which would be inconsistent with the goals and policies of this section.

D. The provisions of this section shall not apply to any valid tentative map, conditional use permit or any entitlement approved or in effect prior to the effective date of City Council adoption of a Specific Plan.

§ 36-21.4 Scope of Plan.

[Ord. No. 1032, § 1, 1995.]

A. Each Specific Plan may either supplement or supersede all land use regulations applicable to the subject property including all previously adopted ordinances, standards and guidelines. The Specific Plan may supplement or supersede land use regulations to the extent as deemed to be necessary for the orderly and systematic implementation of the General Plan.

B. Each Specific Plan shall be identified as a Specific Plan Zone District, and shall include such standards and criteria necessary to provide the methods and procedures and the specific land uses and development standards necessary for the development, maintenance, and use of the subject real property in compliance with the policies and programs of the General Plan. Each Specific Plan shall specify clearly how and to what extent such plan is to supplement or supersede any adopted ordinances, regulations and standards of the City which are applicable.

§ 36-21.5 Definitions.

[Ord. No. 1032, § 1, 1995.]

For the purpose of this chapter the following specific words and terms shall have the following meanings. Other words and terms not specifically defined shall be defined in accordance with the City Zoning Ordinance.

A. ANNEXATION PLANNING AREA — The adopted planning areas making up the "2015 Study Area", whose areas are defined by their similarities in developmental issues.

B. DIRECTOR — The Community Development Director for the City or his/her designated representative.

C. GENERAL PLAN — The General Plan of the City and any amendments thereto.

D. LAND USE — An existing or proposed use of property.

E. SPECIFIC PLAN — A report consisting of text, maps, and other documents and exhibits regulating development within a specified area of the City and/or General Plan planning area and prepared and adopted pursuant to the provisions of the California Government Code, the General Plan and this section.

F. SP ZONE DISTRICT — The zoning classification applied to all lands within an adopted Specific Plan.

G. 2015 STUDY AREA — The extent of the Oakdale planning area as identified within the Oakdale General Plan, adopted January 1994.

Part II

Specific Plan Preparation Process.

§ 36-21.6 Request for Specific Plan Process.

[Ord. No. 1032, § 1, 1995.]

A. In the case in which the City desires to initiate and prepare a Specific Plan, the City Council shall adopt a Resolution of Intention. Said Resolution shall contain the necessary findings for adoption of said plan and shall also contain the City costs related to the preparation and prorated fees charges to affected property owners which shall be assessed at the earliest point in processing, but no later than prior to time of building permit issuance.

B. Private parties wishing to use a Specific Plan shall petition the City requesting permission to file a "Request for Specific Plan Process" with the Community Development Department, and shall pay all required fees. The petitioner is not required to own or otherwise control the majority of the property requested to be included within the Specific Plan area.

C. A Request for Specific Plan Process shall include:

1. A description of the proposed project;

2. A vicinity map, drawn to scale, showing the proposed Specific Plan area, relationship to the City's Sphere of Influence, and areas within one (1) mile of the property;

3. A location map, drawn to scale, showing the planning area and all exterior property lines within three hundred (300) feet of the subject area;

4. The existing homes, addresses and assessor parcel numbers for the properties shown on the location map, listed from the latest assessor's roll;

5. The existing land use and proposed land use (General Plan and Zoning) designations, and densities, for the properties shown on the map;

6. A statement of relationship of the proposed Specific Plan with the General Plan;

7. A statement of relationship of the proposed Specific Plan area with the adopted Annexation Planning Areas.

§ 36-21.7 Pre-initiation Conference.

[Ord. No. 1032, § 1, 1995.]

Upon receipt of the petition for Specific Plan process, the Community Development Department shall schedule a Pre-initiation meeting with the petitioner within thirty (30) days to review the Specific Plan petition. Upon review of the petition, the Director has the discretion to propose modifications to the proposed Specific Plan and scope of the project in order to facilitate comprehensive planning.

§ 36-21.8 Environmental Review.

[Ord. No. 1032, § 1, 1995.]

The Director shall review the petition and may request additional information and technical studies necessary to comply with the California Environmental Quality Act (CEQA). All efforts shall be made to utilize existing information contained in the City's General Plan Environmental Impact Report (EIR). If an Environmental Impact Report (EIR) is required, upon certification of the EIR, no further EIR or Negative Declaration (pursuant to the California Public Resources Code Sections 21000 et seq.) need be filed for any project which is undertaken pursuant to and in conformity with, the adopted Specific Plan for which the EIR has been certified. An amendment to the Specific Plan, proposed uses or environmental impacts not adequately addressed by the certified EIR or other CEQA compliance document, will require an environmental assessment which may necessitate a Supplemental EIR or other appropriate documentation. Such Supplemental EIR or other appropriate CEQA document shall be processed along with the amended Specific Plan as provided in this section.

§ 36-21.9 Specific Plan Content.

[Ord. No. 1032, § 1, 1995.]

A. Persons seeking Specific Plan approval shall submit a formal application which shall be accompanied by a draft Specific Plan document. California Government Code Section 65451 specifies the minimum contents required for processing Specific Plan applications. The section also provides for optional contents to address other subjects, which in the judgement of the City, are necessary or desirable for the implementation of the General Plan. A Specific Plan shall include a text and a diagram or diagrams which specify all of the following information. The Community Development Department provides a listing outlining Specific Plan submittal requirements, which will be utilized in reviewing Specific Plans.

1. The distribution, location, extent and intensity of land use including open space, within the area covered by the Specific Plan;

2. The proposed distribution, location, extent, and intensity of major public facility and service components such as public and private transportation, schools, parks, open space, sewage, water, drainage, solid waste disposal, energy and other essential facilities proposed to be located within the area covered by the Specific Plan which are consistent with adopted infrastructure master plans;

3. A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out the Specific Plan;

4. Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable.

5. The implementation of all applicable provisions contained in each element of the General Plan (e.g. open space, circulation, etc.);

6. The identification of proposed changes, deviations and/or modifications to adopted City standards;

7. Such other information as is deemed necessary by the City to assure that the proposed Specific Plan is consistent with the provision of State laws, the General Plan and any other laws and regulations of the City and all other local agencies.

§ 36-21.10 Supporting Documentation.

[Ord. No. 1032, § 1, 1995.]

The Specific Plan may be required to be accompanied by supporting documentation deemed necessary for the processing of the Specific Plan. Supporting documentation may include, but is not limited to, a financial analysis as required by State Law, to a level of specificity as required by LAFCO.

§ 36-21.11 Fees for Processing Specific Plans.

[Ord. No. 1032, § 1, 1995; Ord. No. 1073, § 1.]

A. The City Council may establish as a part of the resolution authorizing the acceptance and processing of a Specific Plan, a fee or fees to be applied to a Specific Plan area in order to reimburse the City for the costs of preparation, processing or implementation of the Specific Plan. If a Specific Plan is initiated and prepared by the City, actual costs of said Plan shall be assessed based on relative benefits to the affected property owners. Notwithstanding the foregoing, no fee shall be established by the City in violation of the Contributor Agreements entered into by the City in 1991 as part of the City Council's Resolution No. 91-61.

B. Application fees for the review and preparation of Specific Plans shall be set forth by a resolution of the City Council as provided by Section 65456 of the California Government Code which allows fees to be charged in order to recover the costs incurred to review the applications, as well as prepare, review, and comment on the Specific Plan proposal and corresponding documents. This shall include, but not be limited to, staff time including consultants costs and environmental review, and may be revised from time to time as deemed necessary.

C. Where a Specific Plan is prepared and funded by less than one hundred percent (100%) of the property owners covered by the Plan, the preparers of the Specific Plan shall be entitled to reimbursement for all benefiting property owners. The property owners funding the Specific Plan shall submit information to the City Council regarding expenses incurred in the preparation of the Specific Plan. The City Council, either concurrently with, or subsequent to, the adoption of the Specific Plan shall make a determination of allowed reimbursable expenses and shall enter into a reimbursement agreement with the property owners in a form approved by the City Attorney.

§ 36-21.12 Planning Commission and City Council Consideration of Specific Plans.

[Ord. No. 1032, § 1, 1995.]

A. The Planning Commission and City Council shall hold separate and independent public hearings on the proposed adoption or amendment of a Specific Plan.

B. The Planning Commission shall review all proposed Specific Plans or amendments thereto, and shall act by resolution to adopt, reject, or modify the proposed Specific Plan and forward its recommendation and findings to the City Council for action.

C. The City Council shall review the Planning Commission's findings and recommendations and shall act by ordinance to adopt, reject, or modify said Specific Plan or proposed amendment.

D. If the City Council, prior to approval of the Specific Plan, desires changes or modifies a major or significant portion of a proposed Specific Plan recommended by the Planning Commission, then such substantial changes and/or modifications must first be referred back to the Planning Commission for consideration, unless the Planning Commission considered similar changes and/or modifications as part of its deliberation.

E. Prior to approving or conditionally approving any Specific Plan or amendment thereto, the following findings shall be made by the Planning Commission and City Council that the Specific Plan:

1. Is consistent with the goals and policies of the General Plan and with the purposes, standards, and land use guidelines therein;

2. Will help to achieve a balanced community by providing a mix of housing for a wide range of residents in the City of Oakdale;

3. Results in development which will be compatible with existing and proposed development in the surrounding neighborhood;

4. Contributes to a balance of land uses so that local residents may work and shop in the City of Oakdale;

5. Respects environmental and aesthetic resources consistent with economic realities; and,

6. Ensures and provision of all necessary public services and facilities, financial arrangements, and implementation.

§ 36-21.13 Specific Plan (SP) Zone District.

[Ord. No. 1032, § 1, 1995.]

A. Adoption of a Specific Plan will signify adoption of the SP Zone District, however, an SP Zone District shall only become effective upon the actual date of annexation.

B. SP Zone Districts shall be numbered, the first SP Zone District adopted being identified as "SP-1", and with each subsequent zone numbered successively.

C. The City of Oakdale Zoning Map shall be amended to reference all adopted and effective SP Zone Districts.

§ 36-21.14 Consistency of Proposed Development with a Specific Plan.

[Ord. No. 1032, § 1, 1995.]

Prior to development occurring or issuance of building permits within an adopted Specific Plan area, the proposed development shall be determined to be in substantial conformance with the Specific Plan for the area. Criteria for review and approval of proposed development shall include, but not be limited to the following:

A. Conformance with the land use designation;

B. Conformance with the specific development standards, goals and policies of the Specific Plan;

C. Conformance with the intended density of the site.

§ 36-21.15 Revisions.

[Ord. No. 1032, § 1, 1995.]

Each Specific Plan shall specify the revision procedures and define what types of modifications qualify as a revision (as noted in a checklist of examples for major and minor modifications, and adopted by City Council resolution).

§ 36-22 Hearings And Appeals.

§ 36-22.1 Purpose.

[Ord. No. 988, Exh. D, 1991.]

These provisions specify procedures for hearings before the Community Development Director, Environmental Review Committee, Planning Commission and City Council and appeals of any requirement, decision or determination made by the Director, Design Review Committee or the Commission.

§ 36-22.2 Application and Processing.

[Ord. No. 988, Exh. D, 1991.]

Applications shall be reviewed and processed in a manner consistent with the provisions of the California Government Code Section 65090.

A. Not less than ten (10) days before the date of a hearing, public notice shall be given of such hearing in the following manner:

1. By one publication in a newspaper of general circulation within the City. The notice shall state the nature of the request, the location of the property (text or diagram), the date and time, and place of the scheduled hearing, and the hearing body;

2. By mailing ten (10) days prior to said hearing, postage prepaid, to the owners and tenants of property within a radius of three hundred (300) feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the current tax assessors records. Notice is deemed received two (2) days after date of postmark. The notice shall state the nature of the request, location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body;

3. By mailing, ten (10) days prior to said hearing, postage prepaid, to the owner of the subject real property or the owner's authorized agent; and,

4. In the event that the number of owners and tenants to whom notice would be sent pursuant to Subsection A2 above is greater than one thousand (1,000), in lieu of notice pursuant to Subsection A2 notice may be given at least ten (10) days prior to the hearing by placing a display advertisement of at least one-eighth (1/8) page in the newspaper having general circulation within the area. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body.

§ 36-22.3 Director Investigation.

[Ord. No. 988, Exh. D, 1991.]

The Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the intent of this Code and the General Plan; the Director shall report the findings to the Environmental Review Committee, Commission or Council, as appropriate.

§ 36-22.4 Hearing Procedure.

[Ord. No. 988, Exh. D, 1991.]

Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued provided that prior to the adjournment or recess of the hearing, a clear announcement is made specifying the date, time, and place of which said hearing will be continued.

§ 36-22.5 Notice of Decision.

[Ord. No. 988, Exh. D, 1991.]

The Director (Acting as Hearing Officer), Planning Commission or City Council shall record their respective decisions following the hearing. The decision shall set forth applicable findings and any conditions of approval. Following the hearing and decision, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application.

§ 36-22.6 Effective Date.

[Ord. No. 988, Exh. D, 1991.]

Except as stated otherwise in this chapter, approval shall become effective ten (10) days following the final action of the appropriate reviewing authority.

§ 36-22.7 Appeal of Action.

[Ord. No. 988, Exh. D, 1991.]

Any determination or action taken by the Director, Design Review Committee or Environmental Review Committee may only be appealed to the Commission. In a similar manner, any action taken by the Commission to approve or disapprove an application or appeal may be appealed to the Council.

§ 36-22.8 Filing of Appeals.

[Ord. No. 988, Exh. D, 1991.]

All appeals shall be submitted to the Community Development Department on a City application form, and shall specifically state the basis of the appeal. An appeal of the Director, Design or Environmental Review Committee action shall be filed with the Department within ten (10) days following the final date of action for which an appeal is made. An appeal of a Commission decision shall be filed in the office of the City Clerk within ten (10) days following the final date of action for which an appeal is made. Appeals shall be accompanied by a filing fee.

§ 36-22.9 Notice of Appeal Hearings.

[Ord. No. 988, Exh. D, 1991.]

Notice of an appeal hearing shall conform to the manner in which the original notice was given.

§ 36-22.10 Effective Date of Appealed Actions.

[Ord. No. 988, Exh. D, 1991.]

An action of the Director or Design or Environmental Review Committee appealed to the Commission shall not become final until upheld by the Commission. An action of the Commission appealed to the Council shall not become final unless and until upheld by the Council.

§ 36-22.11 Reapplication.

[Ord. No. 988, Exh. D, 1991.]

When an application for a permit or amendment is denied, no application for the same or substantially same permit or amendment shall be filed in whole, or in part, for the ensuing twelve (12) months except as otherwise specified at the time of denial. The Director shall determine whether the new application is for a permit or amendment which is the same or substantially the same as a previously denied permit or amendment. No decision of the Director shall be effective until a period of fifteen (15) days has elapsed following the written notice of decision.

§ 36-23 Zone Changes. Prezoning And Amendments.

§ 36-23.1 Purpose.

Boundaries of the Zoning Districts established by this chapter and all other provisions of this chapter may be amended whenever public necessity, convenience and/or the general welfare require.

§ 36-23.2 Initiation.

A. Zoning District Boundary Changes or Prezoning of unincorporated territory may be initiated by:

1. An application/petition verified by one (1) or more of the owners or their authorized agents of all or part of the property which is the subject of the Zoning District Boundary Change or Prezoning.

2. Resolution of the Planning Commission or City Council.

B. Changes in other provisions of this chapter may be initiated by resolution of the Planning Commission or City Council, or by written report of the Community Development Director.

§ 36-23.3 Application.

Application shall be made in writing by the property owner or his authorized agent and shall, at a minimum, contain the following:

A. An application/petition form as prescribed by the Director.

B. A legal description of the property proposed for the Zoning District Boundary Change or Prezoning.

C. A current Preliminary Report of Title from a licensed Title Company.

D. Such other information as the Director may require for the application evaluation consistent with the nature of the proposed Zoning District Change or Prezoning.

E. A Filing Fee pursuant to § 36-27.

§ 36-23.4 Public Hearing Procedure.

As specified in § 36-20.4.

§ 36-23.5 Burden of Proof.

The applicant for a Zoning District Boundary Change or Prezoning shall have the burden of proof of showing that:

A. The requested Zoning District change is required by public convenience and necessity.

B. The requested change will result in an orderly, efficient, and beneficial use of land resources.

C. The requested Zoning District change is in accordance with the community's objectives as set forth in the General Plan.

§ 36-23.6 Application Evaluation and Findings.

The Planning Commission shall evaluate the Zoning District Boundary Change or Prezoning application to establish whether or not the following findings, and such other findings which may be specified by State law, can be determined, based on the evidence and testimony presented:

A. That the proposed Zoning District is consistent with the General Plan and any applicable specific plans adopted by the City.

B. That the site is physically suitable for the density and/or intensity of the proposed Zoning District.

C. That the proposed Zoning District is not likely to cause substantial environmental damage, or substantially and unavoidably injure fish or wildlife or their habitat.

D. That the Zoning District Change or Prezoning is required for public convenience and necessity.

§ 36-23.7 Planning Commission Action.

The Planning Commission shall render its decision in the form of a written report to the City Council subject to the following:

A. The Planning Commission report shall include a list of persons who testified at the hearing, a summary of the facts adduced at the hearing, the findings of the Planning Commission, and copies of any maps or other data and/or documentary evidence submitted in connection with the proposed amendment. Copy of such report and recommendation shall be transmitted to the City Council within ninety (90) days after the first notice of hearing thereon; provided however, that such time may be extended with the consent of the City Council and the petitioner for such amendment.

B. In the event that the Planning Commission recommends approval of a proposed Zoning District Change or Prezoning to Planned-Development (P-D), the Planning Commission report shall include recommendations for a Development Agreement specifying Property Development Standards, pursuant to § 36-16.5, and a Development Schedule.

C. In the event that the Planning Commission recommends approval of a proposed Zoning District Change or Prezoning to Historical-Cultural Combining (H-C), the Planning Commission report shall include recommendations for Property Development Standards pursuant to § 36-17.7.

§ 36-23.8 City Council Public Hearing Procedure.

Upon receipt of the report of the Planning Commission, the City Council shall conduct a Public Hearing thereon, giving notice pursuant to § 36-20.4.

§ 36-23.9 City Council Action.

The City Council may approve, modify, or disapprove the recommendation of the Planning Commission provided that any modification of the proposed Zoning District Change or Prezoning by the City Council not previously considered by the Planning Commission during its hearing shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing thereon. Failure of the Planning Commission to report within forty (40) days after the reference, or such longer period as may be designated by the City Council, shall be deemed to be approval of the proposed modification. City Council action for a Zoning District Change or Prezoning shall be initiated and adopted as other ordinances are amended or adopted.

§ 36-23.10 Applicant Notification.

Upon final action of the City Council, the Director shall advise the applicant, in writing, of the determination and include any applicable requirements and conditions.

§ 36-23.11 Prezoning Effective Date.

Approved Prezoning shall become effective at the time the annexation becomes effective.

§ 36-23.12 Zoning of Annexed Areas.

Upon the annexation of territory to the City which has not been prezoned, the Planning Commission shall initiate proceedings to zone the annexed territory pursuant to § 36-23.2.A.2.

§ 36-23.13 Text Amendments.

Any text amendment to this chapter shall be initiated and adopted as other ordinances are amended or adopted except that any amendment which changes any property from one zone to another zone, or imposes any regulation upon property not theretofore imposed, or removes or modifies any such regulation, shall be initiated pursuant to this section.

§ 36-23.14 through § 36-23.19. (Reserved)

§ 36-23.20 Development Agreements.

§ 36-23.21 Purpose and Scope.

[Ord. No. 1205.]

A. The purpose of this section is to strengthen the public planning process, encourage private participation in comprehension planning and reduce the economic costs of development by enabling the City and an applicant for a development project to enter into a development agreement which vests certain development rights.

B. The reduction in uncertainty in the development review process will promote long-term stability in the land use planning process of local government and will result in significant public gain at the local level.

C. This Section is adopted in compliance with the provisions of California Government Code Sections 65864 et seq.

§ 36-23.22 Application Requirements.

[Ord. No. 1205.]

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.

§ 36-23.23 Hearing Notice.

[Ord. No. 1205.]

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 § 36-22.2 of this chapter.

§ 36-23.24 Review by Planning Commission.

[Ord. No. 1205.]

A. The public hearing shall be conducted as nearly as may be in accordance with the procedural standards adopted under Government Code Section 65804 for the conduct of zoning hearings. Each person interested in the matter shall be given the opportunity to be heard. The applicant has the burden of proof at such hearings.

B. No action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or set aside by a court by reason of any error, irregularity, informality, neglect or omission ("error") as to any finding, record, hearing, report, recommendation, or any matters of procedure whatsoever unless after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is no presumption that error is prejudicial or that injury was done if error is shown.

C. 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:

1. Consistency with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan;

2. Consistency with the provisions of this title;

3. Conformity with public health, safety and general welfare;

4. The effect on the orderly development of property or the preservation of property values; and

5. Whether the provisions of the agreement shall provide sufficient benefit to the City to justify entering in the agreement.

§ 36-23.25 Council Hearing.

[Ord. No. 1205.]

The hearing shall be conducted pursuant to § 36-23.24A above. Following notice as provided by § 36-22.2 above, the Council shall hold a special hearing. It may accept, modify or disapprove the recommendation of the Planning Commission. The Council shall not approve the development agreement unless if 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.

§ 36-23.26 Amendment or Cancellation of Agreement by Mutual Consent.

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.

§ 36-23.27 Recordation of Agreement, Amendment or Cancellation.

[Ord. No. 1205.]

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.

§ 36-23.28 Periodic Review.

[Ord. No. 1205.]

The City shall review the development agreement every twelve (12) months from the date the agreement is entered into.

A. The Director shall begin the review proceeding by giving notice that the City intends to undertake a periodic review of the development agreement to the property owner. The Director shall give the notice at least thirty (30) days before the date when the matter shall be considered by the Council.

B. The Council shall receive the Director's report at a regularly scheduled City Council meeting. A public hearing may be held but is not required. At the meeting, the property owner must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the property owner. If a public hearing is held, notice of the hearing shall be given as provided by § 36-23.23.

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.

§ 36-23.29 Modification or Termination.

[Ord. No. 1205.]

A. If upon a finding under § 36-23.28, the City determines to proceed with modification or termination of the agreement, the City shall give notice to the developer of its intention to hold a hearing not less than thirty (30) days prior to the hearing. The notice shall contain:

1. The time and place of hearing;

2. A statement as to whether or not the City considers necessary to inform the developer of the nature of the proceeding;

3. Any other information which the City considers necessary to inform the developer of the nature of the proceeding.

B. At the time and place set for the hearing on modification or termination, the developer shall be given an opportunity to be heard. If the hearing is conducted before the Council on appeal, the Council may refer the matter back to the Planning Commission for further proceedings or for report and recommendation. The Council may impose those conditions to the action it takes as it considers necessary to protect the interests of the City. The decision of the Council is final.

§ 36-23.30 Planned Development Requirements.

§ 36-23.31 Regulations Generally.

[Ord. No. 1017, Exh. B-1, 1995.]

The regulations set out in this section shall apply in all PD Districts and shall be subject to the provisions of § 36-18, except as provided in the ordinance approval.

§ 36-23.32 Purpose.

[Ord. No. 1017, Exh. B-1, 1995.]

To encourage creativity, flexibility and open space in Residential, Commercial, Industrial and Mixed Use developments.

§ 36-23.33 Principal Uses.

[Ord. No. 1017, Exh. B-1, 1995.]

Condominiums, community apartments, mixed residential/commercial uses, shopping centers, business parks, industrial parks, hospitals. See § 36-23.42 for Small Lot Subdivision PD.

§ 36-23.34 Accessory Uses.

[Ord. No. 1017, Exh. B-1, 1995.]

Only those related uses such as laundry rooms, storage and maintenance facilities. All accessory buildings must be approved per the site plan resolution of approval.

§ 36-23.35 Property Development Standards.

[Ord. No. 1017, Exh. B-1, 1995; Ord. No. 1125, § 3; Ord. No. 1229-15 Exh. A.]

A. Lot Area. Two (2) acre minimum for standard Residential PD, Commercial PD, and Mixed Use PD, one (1) acre minimum for Senior Citizen PD and four (4) acre minimum for Industrial PD.

B. Lot Coverage. Forty (40%) percent of gross, maximum, based upon the building footprint for residential Planned Developments. For nonresidential Planned Developments see City of Oakdale Planned Development Guidelines.

C. Setbacks and Distance Between Buildings. Perimeter of project: The minimum residential front, rear and side yard structural setbacks for the project shall be fifteen (15) feet except at garage doors, which shall be twenty (20) feet. Interior of project: The minimum dwelling unit side structural setback from other dwelling units shall be five (5) feet when there are two (2) side yards and ten (10) feet when there is a zero-lot line approach. For nonresidential PDs the minimum setbacks shall be the same as the zoning type requested, or required by § 36-18. These setbacks may be modified upon a finding by the Planning Commission that such modification will not be detrimental to the general welfare, health or safety of the City of Oakdale.

D. Building Heights. The maximum allowable building height shall be thirty-five (35) feet or two (2) stories for residential and commercial development. Industrial PDs shall be reviewed on a case-by-case basis, and may be modified upon a finding by the Planning Commission that such modification will not be detrimental to the health, general welfare or safety of the City of Oakdale.

E. Landscaping. Approval of a general landscaping plan showing all fences, walls, hedges, screen plantings and trees shall occur as part of Planning Commission approval with site plan review.

F. Off-street Parking. Loading and vehicle access–parking, loading and vehicle access improvement plans shall be per City standards and shall be provided for in the submitted plan. Unless specifically addressed as part of the Site Plan approval, parking requirements shall comply with § 36-25.

G. Signs. In multiple dwelling PDs containing more than six (6) units there shall be an internally lit sign at each entrance, not to exceed fifteen (15) square feet in area, containing a map showing the location of individual units. In addition, each unit shall be identified with self-illuminated and clearly visible numerals.

H. Laundry Facilities. All dwelling units shall be provided with internal laundry facilities or an accessory laundry building shall be provided on site.

I. Garbage Disposal. All site plan reviews shall include information on the location and screening of garbage storage and disposal facilities, per City standards.

J. Open Space. All residential PDs with twelve (12) or more dwelling units shall provide thirty (30%) percent usable open space for passive and active recreational uses. Usable open space area shall not include: right-of-ways, vehicle parking areas, areas adjacent to or between any structures less than fifteen (15) feet apart, setbacks, patios and private yards. No open space dimension shall be less than sixteen (16) feet. Open space area calculations and dimensions shall be provided for in the plan submitted, for nonresidential Planned Developments.

K. Planning Commission Review. The City of Oakdale Planning Commission review of all planned developments shall include but not be limited to the following elements:

1. Site Plan

2. Elevations

3. Floor Plan

4. Landscape Plan

5. Open Space Plan

L. Guidelines. (Reserved)

M. Amenities. All residential planned developments shall provide recreational amenities which may include: a swimming pool, spa, clubhouse, tot-lot with play equipment, picnic/barbecue area, day care facilities, and court-game areas such as tennis, basketball, lawn bowling or shuffleboard. The number of amenities required shall be according to the following schedule.

1 to 11 units	1 amenity
12 to 40 units	2 amenities
41 to 100 units	3 amenities
101 to 200 units	4 amenities

N. Unit Density. For those developments which provide at least twenty-five (25%) percent of the total units for persons of low-income, or ten (10%) percent for very-low-income, as defined in the State Health and Safety Code, bonus incentives will be provided which may include: City construction of selected public improvements, the use of Federal or local funds to reduce property cost, waiving of filing, processing, or connection fees, and the selective reduction of housing or zoning standards, including the granting of density bonuses of up to twenty-five (25%) percent over the otherwise allowable density in any residential area zoned R-1, R-2 or R-3. In granting any density bonus, adequate assurance, including but not limited to deed restrictions and/or development agreements with yearly reporting requirements to the Community Development Department, must be provided that said housing units will remain available to low- and very-low-income housing.

O. Senior Planned Development Standards. The minimum lot area for a Senior Citizen planned development shall be two (2) acres. A smaller minimum acreage may be considered for infill projects.

1. Open space requirements shall be per Subsection J. of this section.

2. No more than fifteen (15%) percent of the recreation and open space area may be counted for interior structure areas except where the project is less than four hundred (400) feet from a neighborhood park.

3. In no case shall the exterior open space provided be less than three thousand (3,000) square feet of usable space.

4. Required parking spaces shall be "oversized"– ten (10) feet by twenty (20) feet. Special consideration may be given to reduced parking required for projects adjacent to a commercial shopping center.

P. Major Retail Development Standards. The following development standards apply to all Major Retail Development. The goal of these development standards is to affirm the City's objective that Major Retail Development create or impart a sense of place and/or streetscape at a scale appropriate to the character of Oakdale with its small town atmosphere, its exceptional unique architectural characteristics and rural western community heritage, as well as preserving the diversity and vitality of Oakdale's commercial districts and the quality of life of Oakdale residents. In addition to the development standards prescribed elsewhere in this chapter, including, but not limited to the applicability of Site Plan Review or discretionary review process prescribed in § 36-19, § 36-20.2, or § 36.23.30 of this chapter, all major Retail Development shall comply with the following development standards:

1. A typical or classic "big box" design shall not be allowed (e.g., large four-sided structure with little or no ornamentation, decoration, unique architectural features, interesting fenestration, etc.).

2. When the project site is within three hundred (300) feet of a Residential Zoning District, measured from the property line and excluding streets and alleys, the maximum height of any wall excluding architectural accent features shall be the maximum height permitted in that Residential Zoning District.

3. The design of service areas, including outdoor storage, trash collection, loading, etc., shall be incorporated into the primary building design and shall be of materials of comparable quality and appearance as that of the primary building.

4. When the service areas (loading docks, refuse storage and enclosures, etc.) are adjacent to or across the street from residential neighborhoods, all delivery trucks, garbage trucks, and other large vehicles servicing the commercial development shall access the service areas via internal driveways and not from the residential street.

5. Rooftop equipment shall not be visible from a point of view that is five (5) feet above grade at a distance of two hundred (200) feet from the walls of the structure.

6. The off-street parking serving the commercial development shall be divided into multiple lots, as necessary, so that no single lot has more than one hundred twenty (120) parking spaces. The lots shall be separated from each other by a visually aesthetic buffer, such as a landscape area including a landscaped street or landscaped pedestrian way.

7. The maximum number of off-street parking spaces serving the development shall not exceed by more than ten (10%) percent the minimum number of required off-street parking as prescribed in the Oakdale Municipal Code.

8. A covered passenger loading area shall be provided.

9. Pedestrian walkways within the development shall be differentiated from driving surfaces through a change in elevation and materials.

10. Parking and security lights shall not be taller than the buildings within the development, or a maximum of twenty-four (24) feet above grade, whichever is less.

11. All freestanding signs shall be located in a landscaped area that is equal in size or larger than the total sign area for that freestanding sign.

12. No reader boards having changeable copy, electronic or otherwise, are allowed.

13. If the development is located on an existing public transit route, or a reasonably foreseeable future transit route, a bus pullout and shelter shall be developed on site or at a location approved by the transit service provider.

14. If identified as a use or zone as a part of an adopted Specific Plan area, the development standards, design expectations and other related requirements of that Specific Plan shall also apply.

Q. Major Retail Development — Economic Study. As may be required by the City, all development applications for Major Retail Development as defined herein, shall prepare an economic study in accord with the provisions of this subsection, and all other applicable laws, regulations, code, etc. The economic study shall be accompanied by supporting data, including, but not limited to, a market analysis determining the trade area of the proposed development, the present and future population within the trade area, and other economic indexes, including, but not limited to, data on effective buying power within the trade area; the projected number of jobs created by the development; the estimated wages; the estimated tax revenue including estimates of shifts from existing similar retailers; and the projected sales figures for the development.

§ 36-23.36 Applications–Requirements.

[Ord. No. 1017, Exh. B-1, 1995.]

A. Completed application form, completed checklist, including signing off on checklist of review of Guidelines and Intent Statements.

B. Development plan, to include:

1. Topo Map

2. Lots, Streets and Circulation Map

3. Plot Plan w/Easements, Setback

4. Parking Layout

5. Landscape/Open Space Plan

6. Drainage Plan (to include benchmarks and elevations at staff's discretion)

C. Elevations and Floor Plans

D. Development Schedule

E. Environmental Forms (staff discretion)

F. Filing Fee

§ 36-23.37 Hearing Procedures.

[Ord. No. 1017, Exh. B-1, 1995.]

All applications for Planned Developments shall be processed as a zone change, pursuant to § 36-22 and 36-23. The Planned Development District, if adopted, shall be identified on the Zoning Map of the City of Oakdale. Each district shall be assigned a distinctive number. The PD District shall be regulated pursuant to the Development Plan establishing the PD District.

§ 36-23.38 Amendments to Development Plan.

[Ord. No. 1017, Exh. B-1, 1995.]

Once adopted, amendments to change the Development Plan shall be processed as a zone change, except as provided for in the original Planned Development Ordinance approval.

§ 36-23.39 Amendments to Development Schedule.

[Ord. No. 1017, Exh. B-1, 1995.]

A. Upon written request by the property owner, legal representative or successor in interest, and for good cause shown, the Planning Commission may grant a single one (1) year extension to the Development Schedule, so long as there are no proposed changes to the Development Plan and the Planning Commission finds good faith compliance with the terms of the Development Plan. The Planning Commission shall review all previous conditions and additional conditions and new restrictions may be required as part of the extension request.

B. Additional extensions may be granted only by the City Council, upon recommendation by the Planning Commission, so long as there are no proposed changes to the Development Plan and the City Council finds good faith compliance with the terms of the Development Plan. The Planning Commission and the City Council shall review all previous conditions and additional restrictions and new conditions may be required as part of the extension request.

§ 36-23.40 Development Schedule Expiration.

[Ord. No. 1017, Exh. B-1, 1995.]

A. Upon expiration of a Development Schedule, or the Development Schedule as may be extended, no building permits shall be issued for the PD District unless an extension of the Development Schedule is granted by the City Council.

B. In no event shall a Development Scheduled as adopted, or as may be extended, exceed a combined period of five (5) years duration.

C. Upon expiration of a Development Schedule, the City Council shall initiate a Zone Change pursuant to § 36-22 and 36-23.

§ 36-23.41 Development Plan Review.

[Ord. No. 1017, Exh. B-1, 1995.]

A. The Director shall review each Development Plan twelve (12) months from the date of adoption, and each subsequent twelve (12) month period thereafter, at which time the property owner, legal representative, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the Development Plan.

B. The Director shall file a written report with the City Council evaluating such evidence as may be determined whether or not good faith compliance with the terms of the Development Plan has occurred.

C. If, upon receipt of the Director's report and consideration, the City Council determines that based on substantial evidence, the property owner, legal representative or successor in interest thereto has not complied in good faith with the terms or conditions of the Development Plan, the City Council shall terminate the Development Plan, modify the Development Plan, and/or initiate a zone change.

§ 36-24 Landscaping And Screening.

Part I

General Provisions

§ 36-24.1 Landscaping.

Landscaping refers to planting and related improvements such as pools, walkways, rock work, sculpture, etc. provided for the purpose of beautifying and enhancing a property, for the control of erosion and the reduction of noise and glare.

A. When an area is required to be landscaped under the terms of this chapter, the requirement may be met by the installation and maintenance as set forth below, of a combination of living shrubs, trees, vines, lawn or other ground cover, water surfaces and paved or graveled surfaces provided that such paved or graveled area shall not cover more than ten (10) percent of the area required to be landscaped.

B. Plant materials shall be selected from among those species and varieties known to thrive in the Oakdale area climate. The Site Plan Review Committee may require the substitution of any plant material which they have reason to believe will not survive successfully under the particular conditions of the site in question.

C. Whenever street trees are required to be installed, such street trees shall conform to the street tree planting plan of the City of Oakdale, contained in Chapter 32 of this Code, in terms of variety, size and spacing, or if the plan is not applicable, shall be selected from a list of approved street trees supplied by the Public Works Department.

D. Landscaping required by this chapter shall mean the installation of planting and related improvements on the front portion of the lot between the building and the street, except for necessary walks and driveways, and such other areas as may be determined through Site Plan Review.

§ 36-24.2 Screening.

Screening refers to a wall, fence, hedge, informal planting, or berm, provided for the purpose of buffering a building or activity from neighboring areas or from the street. When required, screening may be provided by one or more of the following means:

A. A solid masonry wall meeting the standards of the current adopted edition of the Uniform Building Code.

B. A solid board fence of approved design with wood posts not less than four (4) inches by four (4) inches and solid board cover not less than one (1) inch in thickness. Masonry piers may be substituted for wood posts.

C. An opaque evergreen trimmed hedge, the thickness of which shall not be less than forty (40) percent of its required or intended height.

D. An opaque evergreen informal screen planting, the thickness of which shall not be less than fifty (50) percent of its required or intended height.

E. An earth berm may be used in combination with any of the above types of screening, but not more than two-thirds (2/3) of the required height of such screening may be provided by the berm.

F. Height and Location of Screening. Unless otherwise specified screening required by this section shall be not less than six (6) feet in height. In the front yard or street-side yards in R or C Zoning District such screening shall be not less than thirty-six (36) inches in height, unless otherwise specified. All screening shall follow the lot line of the lot to be screened, or the inside edge of the sidewalks, or shall be so arranged within the boundaries of the lot as to substantially hide from adjoining properties the building, facility or activity required to be screened.

G. Prescribed screening need not be placed along a lot line so long as a building wall, solid fence, or freestanding wall of the required height exists immediately abutting and on the other side of the lot line.

§ 36-24.3 Requirements by zone, standards for installation and maintenance.

A. Required

1. In the following designated districts, not less than the stipulated per cent of gross site area shall be occupied by landscaping.

a. Duplex Residential District (R-2), twenty-five (25%) percent.

b. Multiple Family Residential District (R-3), twenty-five (25%) percent.

c. Neighborhood Commercial District (C-1), ten (10%) percent.

d. Central Commercial District (C-C), no requirement subject to Site Plan Review.

e. General Commercial (C-2), ten (10%) percent.

f. Limited Industrial (L-M), five (5%) percent.

g. Heavy Industrial (M), five (5%) percent.

h. Planned Development District (P-D). As required by the Planning Commission and City Council.

2. Determination of Landscaped Area. In determining landscaped area setbacks, when landscaped, private patios and all other areas not occupied by buildings, parking lots, vehicle storage areas, or driveways may be included. Areas occupied by clubhouses, recreation buildings, pools, saunas, interior walkways and similar amenities may be also included as landscaped areas, up to fifty (50) percent of the required landscape area.

3. Development Standards.

a. Street trees shall be planted in accordance with the provisions of Street Tree Ordinance in Chapter 32 of this Code.

b. Any landscaping area provided in front of building(s) in a Commercial or Industrial zoning district shall be counted as double toward meeting the total landscape requirements.

c. A landscape strip shall screen parking lots from adjacent streets to a height of three (3') feet.

d. Interior planting shall also be provided where practical in areas within a parking lot not used for the parking of vehicles, drives or turning area.

e. All planting areas within or abutting a parking lot shall be protected with concrete curbs.

f. In all parking lots with a capacity of five parking spaces or more, shade trees shall be provided at a ratio for one tree for each five spaces.

g. When a commercial or industrial site adjoins an R District, where fences are required, such fencing shall be landscaped as appropriate.

h. All garbage and refuse areas shall be screened from public view.

i. Provisions shall be made for a permanent "in place" watering system to all planting areas including street tree wells.

j. All required building setbacks shall be incorporated in the landscape design, unless these areas are utilized in driveways, etc.

k. In multiple family developments and mobile home parks containing 4 dwelling units or more, 10% of the total building site shall be set aside and landscaped for the purpose of common recreation open space. This 10% may be included in the general landscaping requirements.

l. Trees and shrubs in reasonable numbers shall be used in the landscape design; ground covers alone are not acceptable.

m. All planting shall be continually maintained in a healthy and attractive condition.

n. Plans for the development of required landscaping shall be submitted to the Planning Department for review and approval prior to the issuance of any building permit. When special conditions of design warrant, modifications may be submitted for consideration.

o. All required landscaping shall be installed by the developer and approved by Planning Department, prior to occupancy of any building, unless other arrangements are agreed to by the Community Development Director.

4. Sidewalk width and Landscaping in Right-of-Way.

a. General – In order to promote the installation of landscaping and street trees, foster innovative design, to conserve natural resources and energy, the City Council may by Resolution designate streets with reduced sidewalk widths.

b. Landscaping in Right-of-Way – Any landscaped area within the public right-of-way shall not be used when determining required percentage of landscaping as specified in § 36-24.3 (A).

c. The location of sidewalks, width, designs, transitions, and materials shall be approved by the Public Works Director.

d. Design – The design of the landscaping of the public right-of-way shall be included in the Landscape Plan and meet the requirements as specified in this section. Adequate space shall be provided in the landscape area to allow free, unrestricted growth and development of the landscaping and street trees.

5. Plan Reviews and Approval.

The Site Plan Review Committee shall review all plans to determine if such plans will substantially achieve the purpose of this section and to this end may require additions, deletions and/or alterations of the plans submitted. If the Applicant disagrees with any of the requirements or conditions of the Site Plan Review, he may file a written appeal with the Commission within 10 days after the receipt of the notice of decision.

B. All planting shall be maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning, fertilizing, and regular watering. Whenever necessary, planting shall be replaced with other plant materials to insure continued compliance with applicable landscaping requirements. All landscaped areas shall be provided with an appropriate automatic irrigation system.

C. Heights of plant screens or hedges specified herein indicate the height which may be expected within three (3) years of planting. The height at the time of planting shall be such that in accordance with good landscape practice the fully required height may be achieved within a three (3) year period.

D. Masonry or wood screening walls shall be maintained in good repair including painting, if required, and shall be kept free of litter or advertising.

E. The standards set forth herein for location and height of landscaping or screening may be modified as directed by the Site Plan Review Committee whenever it appears that such landscaping or screening would constitute a danger to traffic by reasons of impairment of vision at a street or driveway intersection.

F. Along a lot line in or adjacent to an R District, except as specified in § 36-24.2 (F), required screening shall not be higher than six (6) feet. Necessary trimming or pruning shall be employed to maintain this height.

§ 36-24.4 Existing trees.

Existing trees over six (6) inches in diameter, measured three (3) feet above the base of the trunk, shall be identified on all site plans, and shall be retained whenever possible.

§ 36-24.5 through 36-24.9 (Reserved)

WATER EFFICIENT LANDSCAPING REQUIREMENTS

§ 36-24.10 Applicability.

[Ord. No. 1184, Exh. A, 2010.]

A. This ordinance shall apply to all of the following landscape projects:

1. New construction and rehabilitated landscapes for public agency projects and private development projects with a landscape area equal to or greater than two thousand five hundred (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 two thousand five hundred (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 five thousand (5,000) square feet requiring a building or landscape permit, plan check or design review;

4. Existing landscapes limited to Sections 36-24.27 and 36-24.28; and

5. Cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to Sections 36-24.14, 36-24.21 and 36-24.22; and existing cemeteries are limited to Sections 36-24.27 and 36-24.28.

B. This ordinance does 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.

§ 36-24.11 Definitions.

[Ord. No. 1184, Exh. A., 2010.]

The terms used in this ordinance have the meaning set forth below:

A. APPLIED WATER — The portion of water supplied by the irrigation system to the landscape.

B. AUTOMATIC IRRIGATION CONTROLLER — 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.

C. BACKFLOW PREVENTION DEVICE — A safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

D. CERTIFICATE OF COMPLETION — The document required under § 36-24.19.

E. CERTIFIED IRRIGATION DESIGNER:— 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.

F. CERTIFIED LANDSCAPE IRRIGATION AUDITOR — 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.

G. CHECK VALVE OR ANTI-DRAIN VALVE — 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.

H. COMMON INTEREST DEVELOPMENTS — Community apartment projects, condominium projects, planned developments, and stock cooperatives per California Civil Code Section 1351.

I. CONVERSION FACTOR (0.62) — The number that converts acre-inches per acre per year to gallons per square foot per year

J. DRIP IRRIGATION — 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.

K. ECOLOGICAL RESTORATION PROJECT:— A project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

L. EFFECTIVE PRECIPITATION OR USABLE RAINFALL (EPPT) — The portion of total precipitation which becomes available for plant growth.

M. EMITTER — A drip irrigation emission device that delivers water slowly from the system to the soil.

N. ESTABLISHED LANDSCAPE — 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.

O. ESTABLISHMENT PERIOD OF THE PLANTS — The first year after installing the plant in the landscape or the first two (2) years if irrigation will be terminated after establishment. Typically, most plants are established after one (1) or two (2) years of growth.

P. ESTIMATED TOTAL WATER USE (ETWU) — The total water used for the landscape as described in § 36-24.14.

Q. ET ADJUSTMENT FACTOR (ETAF) — A factor of 0.7, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two (2) 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.

R. EVAPOTRANSPIRATION RATE:— The quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.

S. FLOW RATE — 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.

T. HARDSCAPES — Any durable material (pervious and non-pervious).

U. HOMEOWNER-PROVIDED LANDSCAPING — 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 this ordinance, is a person who occupies the dwelling he or she owns. This excludes speculative homes, which are not owner-occupied dwellings.

V. HYDROZONE — A portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non-irrigated.

W. INFILTRATION RATE — The rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).

X. INVASIVE PLANT SPECIES — 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.

Y. IRRIGATION AUDIT — 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.

Z. IRRIGATION EFFICIENCY (IE) — 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 this ordinance is 0.71. Greater irrigation efficiency can be expected from well designed and maintained systems.

AA. IRRIGATION SURVEY — 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.

BB. IRRIGATION WATER USE ANALYSIS — An analysis of water use data based on meter readings and billing data.

CC. LANDSCAPE ARCHITECT — A person who holds a license to practice landscape architecture in the state of California Business and Professions Code, Section 5615.

DD. LANDSCAPE AREA — 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 nondevelopment (e.g., open spaces and existing native vegetation).

EE. LANDSCAPE CONTRACTOR — A person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

FF. LANDSCAPE DOCUMENTATION PACKAGE — The documents required under § 36-24.13.

GG. LANDSCAPE PROJECT — Total area of landscape in a project as defined in "landscape area" for the purposes of this ordinance, meeting requirements under Section 490.1.

HH. LATERAL LINE — The water delivery pipeline that supplies water to the emitters or sprinklers from the valve.

II. LOCAL AGENCY — The City of Oakdale.

JJ. LOCAL WATER PURVEYOR — Any entity, including a public agency, City, county, or private water company that provides retail water service.

KK. LOW VOLUME IRRIGATION — 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.

LL. MAIN LINE — The pressurized pipeline that delivers water from the water source to the valve or outlet.

MM. MAXIMUM APPLIED WATER ALLOWANCE (MAWA) — The upper limit of annual applied water for the established landscaped area as specified in § 36-24.14. 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.

NN. MICROCLIMATE — 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.

OO. MINED-LAND RECLAMATION PROJECTS — Any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.

PP. MULCH — 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.

QQ. NEW CONSTRUCTION — 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.

RR. OPERATING PRESSURE — The pressure at which the parts of an irrigation system are designed by the manufacturer to operate.

SS. OVERHEAD SPRINKLER IRRIGATION SYSTEMS — Systems that deliver water through the air (e.g., spray heads and rotors).

TT. OVERSPRAY — The irrigation water which is delivered beyond the target area.

UU. PERMIT — An authorizing document issued by local agencies for new construction or rehabilitated landscapes.

VV. PERVIOUS — Any surface or material that allows the passage of water through the material and into the underlying soil.

WW. PLANT FACTOR OR PLANT WATER USE FACTOR — A factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this ordinance, the plant factor range for low water use plants is 0 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this ordinance are derived from the Department of Water Resources 2000 publication "Water Use Classification of Landscape Species."

XX. PRECIPITATION RATE — The rate of application of water measured in inches per hour.

YY. PROJECT APPLICANT —The individual or entity submitting a Landscape Documentation Package required under § 36-24.13, to request a permit, plan check, or design review from the local agency. A project applicant may be the property owner or his or her designee.

ZZ. RAIN SENSOR OR RAIN SENSING SHUTOFF DEVICE — A component which automatically suspends an irrigation event when it rains.

AAA. RECORD DRAWING OR AS-BUILTS — 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.

BBB. RECREATIONAL AREA — Areas dedicated to active play such as parks, sports fields, and golf courses where turf provides a playing surface.

CCC. RECYCLED WATER, RECLAIMED WATER, OR TREATED SEWAGE EFFLUENT WATER — Treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation and water features. This water is not intended for human consumption.

DDD. REFERENCE EVAPOTRANSPIRATION OR ETO — A standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in Section 495.1, 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.

EEE. REHABILITATED LANDSCAPE — Any re-landscaping project that requires a permit, plan check, or design review, meets the requirements of Section 490.1, and the modified landscape area is equal to or greater than two thousand five hundred (2,500) square feet, is fifty (50%) percent of the total landscape area, and the modifications are completed within one (1) year.

FFF. RUNOFF — 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.

GGG. SOIL MOISTURE SENSING DEVICE OR SOIL MOISTURE SENSOR — A device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.

HHH. SOIL TEXTURE — The classification of soil based on its percentage of sand, silt, and clay.

III. SPECIAL LANDSCAPE AREA (SLA) — 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.

JJJ. SPRINKLER HEAD — A device which delivers water through a nozzle.

KKK. STATIC WATER PRESSURE — The pipeline or municipal water supply pressure when water is not flowing.

LLL. STATION — An area served by one (1) valve or by a set of valves that operate simultaneously.

MMM. SWING JOINT — 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.

NNN. TURF — 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.

OOO. VALVE — A device used to control the flow of water in the irrigation system.

PPP. WATER CONSERVING PLANT SPECIES — A plant species identified as having a low plant factor.

QQQ. WATER FEATURE — 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.

RRR. WATERING WINDOW — The time of day irrigation is allowed.

SSS. WUCOLS — 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.

§ 36-24.12 Compliance with Landscape Documentation Package.

[Ord. No. 1184, Exh. A., 2010.]

A. Prior to construction, the City shall:

1. Provide the project applicant with the ordinance and procedures for permits, plan checks, or design reviews;

2. Review the Landscape Documentation Package submitted by the project applicant;

3. Approve or deny the Landscape Documentation Package;

4. Issue a permit or approve the plan check or design review for the project applicant; and

5. Upon approval of the Landscape Documentation Package, submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor.

B. Prior to construction, the project applicant shall:

1. Submit a Landscape Documentation Package to the City.

C. Upon approval of the Landscape Documentation Package by the City, the project applicant shall:

1. Receive a permit or approval of the plan check or design review and record the date of the permit in the Certificate of Completion;

2. 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

3. Submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor.

§ 36-24.13 Elements of the Landscape Documentation Package.

[Ord. No. 1184, Exh. A., 2010.]

A. The Landscape Documentation Package shall include the following six (6) 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 ordinance and submit a complete Landscape Documentation Package."

2. Water Efficient Landscape Worksheet;

a. Hydrozone information table

b. Water budget calculations

(1) Maximum Applied Water Allowance (MAWA)

(2) Estimated Total Water Use (ETWU)

3. Soil management report;

4. Landscape design plan;

5. Irrigation design plan; and

6. Grading design plan.

§ 36-24.14 Water Efficient Landscape Worksheet.

[Ord. No. 1184, Exh. A., 2010.]

A. A project applicant shall complete the Water Efficient Landscape Worksheet which contains two (2) sections:

1. A hydrozone information table for the landscape project; and

2. A water budget calculation 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.

B. Water budget calculations shall adhere to the following requirements:

1. 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.

2. 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.

3. All Special Landscape Areas shall be identified and their water use calculated as described below.

4. ETAF for Special Landscape Areas shall not exceed 1.0.

C. 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)]

D. Estimated Total Water Use.

The Estimated Total Water Use shall be calculated using the equation below. The sum of the Estimated Total Water Use calculated for all hydrozones shall not exceed MAWA.

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)

§ 36-24.15 Soil Management Report.

[Ord. No. 1184, Exh. A., 2010.]

A. 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.

4. The project applicant, or his/her designee, shall submit documentation verifying implementation of soil analysis report recommendations to the local agency with Certificate of Completion.

§ 36-24.16 Landscape Design Plan.

[Ord. No. 1184, Exh. A., 2010.]

A. 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.

1. Plant Material

a. 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:

(1) Protection and preservation of native species and natural vegetation;

(2) Selection of water-conserving plant and turf species;

(3) Selection of plants based on disease and pest resistance;

(4) Selection of trees based on applicable local tree ordinances or tree shading guidelines; and

(5) Selection of plants from local and regional landscape program plant lists.

b. Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in § 36-24.17A,2d.

c. 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:

(1) 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;

(2) 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

(3) Consider the solar orientation for plant placement to maximize summer shade and winter solar gain.

d. Turf is not allowed on slopes greater than twenty-five (25%) percent where the toe of the slope is adjacent to an impermeable hardscape and where twenty-five (25%) percent means one (1) foot of vertical elevation change for every four (4) feet of horizontal length (rise divided by run x 100 = slope percent).

e. 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 California Public Resources Code Section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches.

f. The use of invasive and/or noxious plant species is strongly discouraged.

g. 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.

2. Water Features.

a. Recirculating water systems shall be used for water features.

b. Where available, recycled water shall be used as a source for decorative water features.

c. Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation.

d. Pool and spa covers are highly recommended.

3. Mulch and Amendments.

a. 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.

b. Stabilizing mulching products shall be used on slopes.

c. The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement.

d. Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected (see § 36-24.15).

B. The landscape design plan, at a minimum, shall:

1. Delineate and label each hydrozone by number, letter, or other method;

2. 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;

3. Identify recreational areas;

4. Identify areas permanently and solely dedicated to edible plants;

5. Identify areas irrigated with recycled water;

6. Identify type of mulch and application depth;

7. Identify soil amendments, type, and quantity;

8. Identify type and surface area of water features;

9. Identify hardscapes (pervious and non-pervious);

10. 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:

a. Infiltration beds, swales, and basins that allow water to collect and soak into the ground;

b. Constructed wetlands and retention ponds that retain water, handle excess flow, and filter pollutants; and

c. Pervious or porous surfaces (e.g., permeable pavers or blocks, pervious or porous concrete, etc.) that minimize runoff.

11. Identify any applicable rain harvesting or catchment technologies (e.g., rain gardens, cisterns, etc.);

12. Contain the following statement: "I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan;" and

13. Bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the California Food and Agriculture Code.)

§ 36-24.17 Irrigation Design Plan.

[Ord. No. 1184, Exh. A., 2010.]

A. 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.

1. System.

a. Dedicated landscape water meters are highly recommended on landscape areas smaller than five thousand (5,000) square feet to facilitate water management.

b. Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data shall be required for irrigation scheduling in all irrigation systems.

c. 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.

(1) 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.

(2) 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.

d. 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.

e. 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.

f. 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 local agency code (i.e., public health) for additional backflow prevention requirements.

g. High flow sensors that detect and report high flow conditions created by system damage or malfunction are recommended.

h. 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.

i. Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems.

j. The design of the irrigation system shall conform to the hydrozones of the landscape design plan.

k. The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in § 36-24.14 regarding the Maximum Applied Water Allowance.

l. It is highly recommended that the project applicant or local agency 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.

m. In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone.

n. Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations.

o. Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations.

p. Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to high traffic areas.

q. Check valves or anti-drain valves are required for all irrigation systems.

r. 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.

s. Overhead irrigation shall not be permitted within twenty-four (24) inches of any nonpermeable surface. Allowable irrigation within the setback from nonpermeable 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:

(1) The landscape area is adjacent to permeable surfacing and no runoff occurs; or

(2) The adjacent nonpermeable surfaces are designed and constructed to drain entirely to landscaping; or

(3) 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 § 36-24.17A1h. Prevention of overspray and runoff must be confirmed during the irrigation audit.

t. Slopes greater than twenty-five (25%) percent 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.

2. Hydrozone.

a. Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use.

b. Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.

c. Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf.

d. Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if:

(1) Plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or

(2) The plant factor of the higher water using plant is used for calculations.

e. Individual hydrozones that mix high and low water use plants shall not be permitted.

f. 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. This table can also assist with the irrigation audit and programming the controller.

B. The irrigation design plan, at a minimum, shall contain:

1. Location and size of separate water meters for landscape;

2. 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;

3. Static water pressure at the point of connection to the public water supply;

4. Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station;

5. Recycled water irrigation systems as specified in § 36-24.24;

6. 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

7. The signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the California Food and Agricultural Code.)

§ 36-24.18 Grading Design Plan.

[Ord. No. 1184, Exh. A., 2010.]

A. 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;

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 nonpermeable 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 ordinance 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.

§ 36-24.19 Certificate of Completion.

[Ord. No. 1184, Exh. A., 2010.]

A. The Certificate of Completion shall include the following six (6) elements:

1. Project information sheet that contains:

a. Date;

b. Project name;

c. Project applicant name, telephone, and mailing address;

d. Project address and location; and

e. Property owner name, telephone, and mailing address;

2. 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;

a. Where there have been significant changes made in the field during construction, these "as-built" or record drawings shall be included with the certification;

3. Irrigation scheduling parameters used to set the controller (see § 36-24.20);

4. Landscape and irrigation maintenance schedule (see § 36-24.21);

5. Irrigation audit report (see § 36-24.22); and

6. Soil analysis report, if not submitted with Landscape Documentation Package, and documentation verifying implementation of soil report recommendations (see § 36-24.15).

B. The project applicant shall:

1. Submit the signed Certificate of Completion to the City for review;

2. Ensure that copies of the approved Certificate of Completion are submitted to the local water purveyor and property owner or his or her designee.

C. The City shall:

1. Receive the signed Certificate of Completion from the project applicant;

2. Approve or deny the Certificate of Completion. If the Certificate of Completion is denied, the local agency shall provide information to the project applicant regarding reapplication, appeal, or other assistance.

§ 36-24.20 Irrigation Scheduling.

[Ord. No. 1184, Exh. A., 2010.]

A. 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 Article VI of Chapter 35 of this Municipal Code, the stricter of the two (2) 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);

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.

§ 36-24.21 Landscape and Irrigation Maintenance Schedule.

[Ord. No. 1184, Exh. A., 2010.]

A. Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the Certificate of Completion.

B. 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 obstruction to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

C. Repair of all irrigation equipment shall be done with the originally installed components or their equivalents.

D. A project applicant is encouraged to implement sustainable or environmentally-friendly practices for overall landscape maintenance.

§ 36-24.22 Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis.

[Ord. No. 1184, Exh. A., 2010.]

A. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.

B. For new construction and rehabilitated landscape projects installed after January 1, 2010, as described in § 36-24.10:

1. 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;

2. 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.

§ 36-24.23 Irrigation Efficiency.

A. 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.

[Ord. No. 1184, Exh. A., 2010.]

§ 36-24.24 Recycled Water.

[Ord. No. 1184, Exh. A., 2010.]

A. 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 § 36-24.24B.

B. Irrigation systems and decorative water features shall use recycled water unless a written exemption has been granted by the City stating that recycled water meeting all public health codes and standards is not available and will not be available for the foreseeable future.

C. All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and State laws.

D. Landscapes using recycled water are considered Special Landscape Areas. The ET Adjustment Factor for Special Landscape Areas shall not exceed 1.0.

§ 36-24.25 Stormwater Management.

[Ord. No. 1184, Exh. A., 2010.]

A. 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.

B. Project applicants shall refer to the City or Regional Water Quality Control Board for information on any applicable stormwater ordinances and stormwater management plans.

C. Rain gardens, cisterns, and other landscape features and practices that increase rainwater capture and create opportunities for infiltration and/or on-site storage are recommended.

§ 36-24.26 Public Education.

[Ord. No. 1184, Exh. A., 2010.]

A. 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.

1. 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.

2. Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes.

§ 36-24.27 Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis—Certain Existing Landscapes.

[Ord. No. 1184, Exh. A., 2010.]

A. This section, 36-24.27, shall apply to all existing landscapes that were installed before the effective date of this ordinance and are over one (1) acre in size.

1. For all landscapes in 36-24.27A 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).

2. For all landscapes in 36-24.27A 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.

B. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.

§ 36-24.28 Water Waste Prevention.

[Ord. No. 1184, Exh. A., 2010.]

See Chapter 35, Section 48 of this Municipal Code.

§ 36-24.29 Effective Precipitation.

[Ord. No. 1184, Exh. A., 2010.]

A. A local agency may consider Effective Precipitation twenty-five (25%) percent of annual precipitation) in tracking water use and may use the following equation to calculate Maximum Applied Water Allowance:

MAWA= (ETo - Eppt) (0.62) [(0.7 x LA) + (0.3 x SLA)]

§ 36-25 Off-Street Parking And Loading Requirements.

§ 36-25.1 Purpose.

The purpose of the off-street parking and loading requirements is to reduce street congestion and traffic hazards by incorporating adequate, attractively designed facilities for off-street parking and loading as an integral part of every use of the land in the City.

§ 36-25.2 Off-Street Parking - General Regulations.

A. There shall be provided on the same site with any use except as modified by § 36-25.3, off-street parking spaces for vehicles in accordance with the requirements herein. Where existing buildings not now meeting these requirements are proposed to be enlarged or increased in capacity in excess of ten (10%) percent, in any district except a single-family district, off-street parking shall be provided as required herein for the entire floor area of the structure.

B. Floor Area. "Floor Area" in the case of office, merchandising or service types of uses means the gross area used or intended to be used by tenants, or for service to the public as customers, patrons, clients, or patients including areas occupied by fixtures and equipment used for display or sales of merchandise. It does not include areas used principally for non-public purposes, such as storage and incidental repair.

§ 36-25.3 Alternatives and Exceptions to On-Site Parking.

[Ord. No. 985, Exh. A, 1991.]

A. For any new site, structure, or building other than residential, required off-street parking, which due to the size or location of the parcel, cannot be provided on the premises, may be located not more than four hundred (400) feet distance from a building site.

B. None of the requirements of this chapter for on-site parking shall apply to any real property within the "parking and business improvement area" of the City, as defined in Ordinance No. 506; provided, that the parking and business improvement license tax assessed on any business conducted on any of the real property for which a building permit is requested shall be paid in full, with all arrearage, if any, paid before such building permit shall be issued.

C. Off-Street Parking and Non-conforming Structures: No building as it exists at the time of the effective date of this Ordinance shall be deemed to be non-conforming solely by reason of the lack of off-street parking spaces, provided that any portion of the premises being used for off-street parking in connection with any such building shall not be reduced below the requirements of this section.

D. Cooperative Parking Facilities. Requirements for the provision of parking facilities, with respect to two or more establishments on the same or different sites may be satisfied by the permanent allocation of the requisite number of spaces for each use in a common parking facility, located not farther than four hundred (400) feet measured along the shortest available route of pedestrian access from the site of any such participating use.

E. Off-Site parking for Commercial "Uses" and Residential "Uses" are subject to the requirements of § 36-18.7, the SPECIAL PROVISIONS section of the Code as amended.

§ 36-25.4 Off-Street Parking - Numbers of Spaces Required.

When the calculation required in this section shall result in the requirement of a fractional space, such fraction, if one-half or greater, shall require an additional space; if less than one-half, it shall be ignored

Automobile or machinery sales and service garages	1 for each 400 sq. ft. of floor area
Banks, post offices, business and professional offices, except medical and dental offices shall require one for each 300 square feet of floor area, and medical and dental offices, clinics, one for each 200 square feet of floor A area.
Barber and beauty shops, dry cleaners, and Laundromats	1 for each 200 sq. ft. of floor area
Bowling alleys	4 for each alley
Children's homes	1 for each 4 beds, plus 1 for each 1.5 employees in the maximum shift
Churches	1 for each five Seats
Convalescent hospitals, nursing home and charitable religious institutions providing sleeping accommodations	1 for each 3 beds, plus 1 for each 1.5 employees on the maximum shift, and 1 for each 2 staff doctors
Dance Halls	1 for each 50 sq. ft. of floor area
Dwellings, single-family,	2 for each dwelling unit, or duplex, one paved and one covered by a carport or a garage
Dwellings, multiple	2 for each dwelling unit for the 1st 3 units. Each unit above 3 1.5. Number of covered units equal to number of units. 30% of stalls may be for compact cars.
Funeral homes, mortuaries	1 for each 5 seats of the aggregate number of seats provided in all assembly rooms of the mortuary
Furniture and appliance stores, household equipment or furniture repair shops	1 for each 400 sq. ft. of sales floor area
Homes for the aged	1 for each 3 beds
Hotels, motels, motor hotels, private clubs providing sleeping accommodations	1 for each living or sleeping units plus 1 for the owner or manager
Libraries, museums, art galleries	1 for each 200 sq. ft.
Manufacturing plants, research or testing laboratories, bottling plants processing plants, and packaging plants	1 for each employee on the maximum shift
Medical and dental offices, clinics	1 for each 100 sq. ft. of floor area
Public buildings	1 for each 300 sq. ft. of floor area
Restaurant, bars and nightclubs	1 each 2.5 seats
Retail stores, shops, supermarkets, stores, etc., other than furniture and appliance stores as aforementioned	1 for each 200 foot sq. ft. of gross floor area
Rooming and lodging houses	1 for each bedroom
Schools- Elementary and junior high	1 for each employee on the maximum shift
High schools and Colleges	1 for each employee on the maximum shift, plus 1 for each 2 students
Business schools, beauty schools and other special schools	1 for each employee on the maximum shift, plus 1 for each 2 students
The number of spaces required for any school may be increased by the Site Plan Review Committee to provide for visitor parking should it be necessary.
Sport arenas, auditoriums, exhibition halls, theaters, lodge or assembly halls, and meeting rooms	1 for each 50 square feet of floor area
Mobile homes	Two (2) for each space
Wholesale establishments, warehouses service and maintenance centers, communication equipment buildings	1 for each 1500 sq. ft. of gross floor area
Unspecified uses of buildings structures or premises	The number of spaces shall be fixed by the Site Plan Review Committee in accordance with the general purposes and standards herein.

§ 36-25.5 Standards for Parking Facilities.

[Ord. No. 1143, Exh. D.]

All off-street parking facilities or parking design shall conform with the City of Oakdale - Department of Public Works - Standard Specifications

- Standard Parking Spaces shall be a minimum of nine (9) feet in width by nineteen (19) feet in length, totaling one hundred seventy-one (171) square feet.

- Compact Parking Spaces shall be a minimum of seven (7) feet, six (6) inches in width by sixteen (16) feet in length, totaling 120 square feet.

A. Access. Each parking space shall be accessible from street or alley, or from an aisle or drive connecting with a street or alley. No off-street parking facility for five (5) or more spaces in Residential District shall be designed so that vehicles must back across a sidewalk in order to gain access to a street or alley. Where a parking facility does not abut a public or private street, alley, or access easement there shall be provided an access drive of not less than ten (10) to twelve (12) feet in width. In the case of single-family and duplex structures tandem parking may only be permitted when all required off-street parking spaces are situated behind the front yard and corner street side-yard setback areas.

B. Pavement. The parking area, aisles, and access drives shall be paved so as to provide a durable, dustless surface and shall be so graded and drained as to dispose of surface water without damage to private or public properties, streets or alleys. Such pavement shall be two (2) inches of asphalt pavement, or shall provide equivalent service and protection.

C. Border Barricades. Every parking facility containing five (5) or more spaces shall be provided with a suitable concrete, asphalt, timber or other approved barriers, not less than two (2) feet from any street, landscaped area or property line.

D. Screening. Every parking facility abutting property located in an R District shall be separated from such property by a decorative wall, view-obscuring fence, permanently maintained compact evergreen hedge, a berm, or a combination of any of the preceding treatments, six (6) feet in height measured from the grade of the finished surface of such parking area along the abutting residential property; except that such screening shall not be less than thirty (30) inches in height, and shall not exceed forty-two (42) inches in height adjacent to any required front or exterior side yard area.

E. Lighting. A parking facility serving an establishment which remains open during hours of darkness shall be provided with adequate illumination. Any lights provided to illuminate a parking facility shall be arranged so as to reflect the light away from any adjacent properties, streets, or highways.

F. Setback in R Districts. Every parking facility abutting property located in an R District shall provide a ten (10) foot setback from the street for a distance of not less than fifty (50) feet from such district boundary, and said area shall be landscaped in accordance with the provisions of § 36-24.

G. Repair Work. No repair work or servicing of vehicles shall be conducted on a public parking area, other than emergency service such as changing a tire or starting a motor.

H. More Than One Use On a Site. If more than one use is located on a site, the number of parking spaces provided shall be equal to the sum of the requirements prescribed in this section for each use.

I. Off-Street Parking Facilities to Serve One Use. Off-street parking facilities for one use shall not be considered as providing required off-street parking facilities for any other use except as provided for in this section.

§ 36-25.6 Off-Street Parking—Power of the Site Plan Review Committees to Modify Requirements.

The provisions of this section as to number of spaces may be modified by the Site Plan Review Committee in the following cases only (any other request for modification shall be submitted as, and meet the tests for a variance):

A. Up to thirty (30%) percent of the required parking spaces in parking facilities may be reduced in size to accommodate sub-compact cars. The number of spaces required may also be modified by the Committee for uses such as elderly housing or retirement homes where it can be demonstrated that the automobile use or ownership is significantly lower than for other dwelling or lodging houses.

B. When a common off-street parking facility, located within four hundred (400) feet of the uses served will provide twenty (20) or more parking spaces, the total number of parking spaces required for all the uses served may be reduced by not more than twenty-five percent (25%) upon a finding by the Site Plan Review Committee that the typical use of the off-street parking facility would be staggered to such an extent that the reduced number of spaces would be adequate to serve all uses sharing the facility.

§ 36-25.7 Off-Street Parking Permit Procedure and Fees.

Before any work may proceed on a new or an existing parking facility, a plan shall be submitted to the Planning Department for review and approval, conditional approval or denial. Said plans shall be accompanied by a fee to be determined by the value of the work to be performed, based on the rates established in the Building Code. A permit shall be issued upon approval, and payment of the required fee.

A. Site Plan Approval. All parking facilities shall be subject to site plan approval as provided herein and all areas not used for parking spaces and access drives shall be landscaped in accordance with the standards of § 36-24.

§ 36-25.8 Off-Street Loading-Berth Requirements.

For every building or part thereof, which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly requiring the receipt or distribution by vehicles of material and merchandise, the following regulations shall apply, provided that commercial or other establishments within a Parking District shall not be subject to these requirements:

A. For motels, hotels, restaurants, public and business and administrative offices, post offices, hospitals, sanitariums, nursing homes, and charitable and religious institutions and clubs used for human habitation:

	Loading Berths Required
For 10,000 to 50,000 sq. ft. of gross floor area.	1
For 50,000 to 150,000 sq. ft. of gross floor area	2
For each additional 150,000 sq. ft. of gross floor area	1

B. For commercial and industrial establishments including retail stores, personal service establishments, commercial service enterprises, warehouses, storage facilities, manufacturing plants and other industrial uses:

	Loading Berths Required
For less than 12,500 sq. ft. of gross floor area	0
For 12,500 to 20,000 sq. ft. of gross floor area	1
For 20,000 to 30,000 sq. ft. of gross floor area	2
For 30,000 to 50,000 sq. ft. of gross floor area	3
For each additional 25,000 sq. ft. of gross floor area	1

C. Professional offices, public buildings, other than administrative offices, schools, and colleges, places of public assembly, charitable and religious institutions and clubs not used for human habitation, and public utility and public service structures and installations, when any of the foregoing requires the recurring receipt, delivery, or distribution of goods or equipment by truck as prescribed by the Planning Commission.

D. Railroad stations, railroad freight stations and yards, airports, and heliports as prescribed by the Planning Commission.

E. Mortuaries: One berth from each 5,000 square feet or major fraction thereof of gross floor area.

F. Any other use which requires the recurring receipt or distribution of goods or equipment by truck: one berth plus the number of additional berths prescribed by the Site Plan Review Committee.

§ 36-25.9 Off-Street Loading Facilities: Standards And Regulations.

All off-street loading facilities shall conform to the following standards:

A. Each loading berth shall be not less than forty-five (45) feet in length and twelve (12) feet in width exclusion of aisle or maneuvering space, and shall have an overhead clearance of not less than fourteen (14) feet, except that for mortuaries, cemeteries, mausoleums and crematories, a loading berth used exclusively for ambulances or hearses shall not be less than twenty-four (24) feet in length and ten (10) feet in width and shall have an overhead clearance of not less than eight (8) feet.

B. Such space may occupy all or any part of any required yard or court space, except front and exterior side yards, and shall not be located closer than fifty (50) feet to any lot in any R District, unless enclosed on all sides by a wall not less than eight (8) feet in height.

C. Sufficient room for turning and maneuvering vehicles shall be provided on the site.

D. Each loading berth shall be accessible from a street or alley or from an aisle or driveway connection with a street or alley.

E. Entrances from and exits to streets and alleys shall be designed to minimize traffic congestion and shall be placed at locations approved by the Director.

F. The loading area, aisles, and access drives shall be paved so as to provide a durable, dustless surface and shall be so graded and drained so as to dispose of surface water without damage to private or public properties.

G. Bumper rails shall be provided at locations where needed for safety or to protect property.

H. If the loading area is illuminated, lighting shall be deflected away from abutting residential sites so as to cause no annoying glare.

I. No repair work or servicing of vehicles shall be conducted in a loading area.

J. Landscaping and screening are required in accordance with the standards of § 36-24.

K. Location of Off-Street Loading Facilities. Off-Street loading facilities shall be located on the same site with the use for which the berths are required or on an immediately adjoining area.

L. More than One Use on a Site. If more than one use is located on a site, the number of loading berths provided shall be equal to the sum of the requirements prescribed in this section for each use. If more than one use is located on a site and the gross floor area of each use is less than the minimum for which loading berths are required but the aggregate gross floor area is greater than the minimum for which loading berths are required, off-street loading berths shall be provided as if the aggregate gross floor area were used, or the use requiring the greatest number of loading berths.

M. At the time of initial occupancy, major alteration, or enlargement of a site, or of completion of construction of a structure or of a major alteration or enlargement of a structure, there shall be provided off-street loading facilities for trucks in accordance with the schedule of off-street loading berth requirements prescribed in § 36-25.8. For the purposes of this section the terms "major alteration" or "enlargement" shall mean a change of use or an addition which would increase the number of loading berths required by not less than ten (10) percent of the total number required. The number of loading berths provided for a major alteration or enlargement of a site or structure shall be in addition to the number existing prior to the alteration or enlargement, unless the pre-existing number is greater than the number prescribed in § 36-25.8, in which instance the number in excess of the prescribed minimum shall be counted in calculating the number provided to serve the major alteration or enlargement.

§ 36-25.10 Off-Street Loading–Power of the Site Plan Review Committee to Modify or Increase Requirements.

[Ord. No. 913, § 1.]

The provisions of this section as to number of spaces may be modified or increased by the Site Plan Review Committee in the following cases only: (Any other request or modification shall be submitted as and meet the tests for a variance.)

A. Off-street loading berths in addition to those prescribed in the schedule of off-street loading berth requirements shall be provided if the Site Plan Review Committee finds that such additional berths are necessary to ensure that the trucks will not be loaded, unloaded, or stored on public streets. The finding of the Committee shall be based on an investigation of the anticipated frequency of truck pick-ups and deliveries and of the truck storage requirements of the use for which the off-street loading berths are required.

B. Space allocated to required off-street loading berths may be used to satisfy the requirements f off-street parking spaces provided the Site Plan Review Committee shall find that the timing of their use is such as to create no conflict.

§ 36-25.11 Off-Street Parking-Shared Parking Between Occupancies/Uses.

[Ord. No. 1246-17]

The provisions of this section as to the criteria in approving off-street shared parking facilities for nonresidential buildings or uses in conjunction with a discretionary action (conditional use permit, design review) that requires Planning Commission or City Council approval.

A. Definition of Shared Parking.

Shared parking may be applied when land uses have different parking demand patterns and can use the same parking spaces/areas throughout the day. Shared parking is most effective when these land uses have significantly different peak parking characteristics that vary by time of day, day of week, and/or season of the year. In these situations, shared parking strategies will result in fewer total parking spaces needed when compared to the total number of spaces needed for each land use or business separately. Land uses often used in specific shared parking arrangements include: office, restaurants, retail, colleges, churches, cinemas, and special event situations. Shared parking is often inherent in mixed-use developments, which includes one or more businesses that are complementary, ancillary, or support other activities. General parking lots and/or on-street parking that is available for patrons of nearby businesses/commercial districts is another form of shared parking.

B. Application of Shared Parking.

1. Applicants for new developments or significant redevelopment of site(s) shall examine the feasibility of using shared parking arrangements. (Significant redevelopment could be defined as increasing building size or land uses so that the site's trip generation and/or parking demand would increase by a certain percentage similar to paragraph (2) below).

2. Shared parking arrangements shall be considered when the number of parking spaces requested by the developer/applicant is more than ten (10) percent higher or more than 10 spaces higher than the minimum number of parking spaces required by Code for a site, whichever is more.

C. Agreement Between Sharing Property Owners. If a privately-owned parking facility is to serve two (2) or more separate properties, a legal agreement between property owners guaranteeing access, use and management of designated spaces will be considered in an application as a requirement of that application. Such an agreement shall run with the parcels involved and be recorded with the County Assessor's office following approval of the application. Proof of recordation shall be supplied to the City to validate completion of the approved application. Until proof is provided, the application approval shall not be complete.

D. Shared Parking Plan. In some cases, as determined by the Director or his/her designee, the City shall require a shared parking plan and such plan shall include the following:

1. Site plan of parking spaces intended for shared parking and their proximity to land uses that they will serve.

2. A signage plan that directs drivers to the most convenient parking areas for each use or group of uses (if such distinctions can be made).

3. A pedestrian circulation plan that shows connections and walkways between parking areas and land uses. These paths should be as direct and short as possible.

4. A safety and security plan that addresses lighting and maintenance of the parking areas.

§ 36-26 Sign Ordinance.

§ 36-26.1 Purpose.

[Ord. No. 1259-18]

The purpose of this section is to enhance the use of signs in support of community development goals. It provides standards for regulation of height, size, location, number and appearance of signs, in order to preserve and enhance property values; to protect and improve the appearance of the City for residents and to attract nonresidents to live or trade; to encourage signing practices that will aid in informing the public; to prevent excessive and confusing sign displays; to reduce hazards to motorists and pedestrians; and to promote public health, safety and general welfare.

§ 36-26.2 Definitions.

[Ord. No. 1259-18]

ATTENTION-GETTING SIGNS

Banners, flag signs, pennants, streamers, spinners, balloons, inflatable signs, search lights, beacons, flashing lights or messages and other similar attention-getting signs, as determined by the City's Public Services Director.

AWNING

A shelter projecting from and supported by the exterior wall of a building. Constructed of non-rigid materials on a supporting framework.

BULLETIN BOARD

A sign used to announce a coming event or attraction or used to convey a specific message related to the building or use of the property on which the bulletin board is located.

CANOPY

An ornamental roof or fixed overhead structure used as a roof, which may or may not be attached to a building and which does not encroach into a public right-of-way.

CONSTRUCTION SIGN

A temporary sign identifying architects, engineers, contractors, subcontractors, material suppliers and lending institutions participating in construction upon the premises on which the sign is located.

CORPORATE FLAG

A flag identifying a business or firm.

DIRECTIONAL SIGN

An on-premise sign giving directions, instruction, or facility information and which may contain the name or logo of an establishment but no advertising copy, e.g. parking or exit and entrance signs.

DIRECTOR

The City of Oakdale's Department of Public Services Director.

ELECTRONIC MESSAGE BOARD SIGN

A sign capable of displaying words, symbols, figures, or images that can electronically or mechanically be changed by remote or automatic means.

ERECT

To build, construct, attach, hang, place suspend, paint or affix, but shall not include change of copy on a sign.

FACE OF SIGN

Area upon which the copy is placed.

HEIGHT

The vertical distance measured from the highest point of a sign to the grade of the adjacent street curb or the surface grade beneath the sign, whichever is less.

IDENTIFICATION SIGN

Any sign whose copy is limited to the name and address of a building, institution, or person and/or the activity or occupation on the premises where the sign is located.

LIGHTED SIGN

Any sign which is illuminated either directly or indirectly by artificial light.

MASTER SIGN PLAN

A coordinated sign plan approved by the Public Services Director or in conjunction with development proposals approved by the City Council or Planning Commission, which includes details of all existing and future signs for all new non-residential projects with four (4) or more tenants.

MONUMENT SIGN

A freestanding sign where the foundation and supporting structure are visually an integral part of the sign creating a continuous form from the ground to the top of the sign. Monument signs shall be an integral and complementary element of the overall architectural and streetscape composition and shall be integrated with the building and landscape design.

MULTI-TENANT PROJECTS

A non-residential project consisting of four (4) or more tenants.

OFF-PREMISES SIGN

A sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed. The term off-premises sign shall include an outdoor advertising sign (billboard) on which space is leased or rented by the owner thereof to others for the purpose of conveying a commercial or noncommercial message.

OPEN AIR BUSINESS

An open air business is any business in which the stock in trade or a portion of the stock in trade is stored or displayed outside of a building.

POLE SIGN

A sign detached from any building or structure; the supports of which are permanently affixed on the ground.

POLITICAL SIGN

Any temporary sign used in connection with a local, state or national election, referendum or measure.

PORTABLE SIGN

Any temporary, freestanding A-frame sign, consisting of two (2) message panels, either attached by a hinge or similar device along the top edge or placed on the ground with the base of each panel separated by a sufficient distance to allow the sign to stand upright without other support, or some variation thereof.

PRINCIPAL FRONTAGE

That wall of a building or structure which has frontage on a public street, highway, parking lot, walkway or mall and which is designated as such by the owner or occupant for the purpose of determining sign area.

PROJECTING SIGN

A sign, other than a wall sign, which is attached to and projects from a building wall, roof or other structure not specifically designed to support the sign.

ROOFLINE

The peak of the roof, the top of a parapet, or the top of the wall of a building.

ROOF SIGN

A sign erected or painted wholly on or above the roof covering any portion of a building or on any roof structure including roof-like facades.

SIGN

Any structure, device, fixture or placard using graphics, symbols and /or written copy designed specifically for the purpose of advertising or identifying any establishment, product, goods or services. However, a sign shall not include the following:

1. Legal notices, identification, information or directional signs erected by governmental bodies or public utilities.

2. Flags and insignia of a government, school, religious group, or nonprofit organization.

3. A memorial plaque, tablet or cornerstone made an integral and permanent part of the building or structure.

4. Signs within a building which cannot be seen from outside the building.

5. Holiday decorations erected with City Council approval.

SIGN AREA

The area of the sign surface computed by calculating the area encompassed within any regular geometric figure which would enclose all parts of the sign (excluding structural supports, provided they are not used to attract attention). A sign with two (2) or more faces shall have only the largest face included in area measurement if at no point are any faces more than one (1) foot from one another. All faces exceeding a one (1) foot separation shall be included in area measurement.

SUBDIVISION SIGN

A sign indicating the name of a recorded subdivision, contractor or subdivider, owner or agent, and/or giving information regarding directions, price and/or terms.

TEMPORARY SIGN

A sign constructed of expendable material, such as paper, cardboard, vinyl, cloth or canvas, with or without a frame, or constructed as a permanent sign, and intended to be displayed for a short period of time.

TENT SIGN

A roof-like structure of fabric or similar non-rigid material attached to a rigid frame, movable or fixed, and provides protection from the weather and/or is used as a decorative advertisement.

WALL SIGN

Any sign painted on, attached to and erected parallel to the face of an outside wall of a building and which does not project beyond the top or ends of the wall.

WINDOW SIGN

Any sign attached to painted or marked on a window.

§ 36-26.3 General Provisions.

[Ord. No. 1029 § 1, 1995: Ord. No. 1113 Exh. A; Ord. No. 1259-18]

A. SIGN LIMITATIONS AND PROHIBITIONS.

1. The maximum height of any sign shall be as stated herein, but in no case shall a monument sign or pole sign exceed twenty (20) feet in height. No sign shall project above the roof line of any building to which it is attached.

2. Wall signs shall not project more than eight (8) inches from supporting wall, unless otherwise specified. No display or messages shall be permitted on the edges of wall signs except the sign company's identification.

3. No sign shall have or consist of any moving, rotating or otherwise animated part or any flashing, blinking fluctuating or otherwise animated light. In addition, no sign shall approximate or resemble in any way an emergency light or sign. The provisions of this subsection shall not be applied so as to prohibit the following types of signs:

a. A sign showing time and/or temperature and which changes no more often than once every 5 seconds.

b. A conventional clock face.

c. An on-premises barber pole, of a length not to exceed 30 inches, of traditional design which shall be permitted to revolve during the time that a barbershop is open for business. Top of pole shall not be more than ten feet six inches (10' 6") above the ground.

d. A permitted Electronic Message Board Sign, as defined in § 36-26.2 and approved under a Major Use Permit in accordance with § 36-26.3(L).

4. TEMPORARY SIGNS: Temporary signs outside setback lines or in public rights-of-way are not permitted except as follows:

a. Temporary signs, in excess of the maximum permissible sign areas, may be erected for public events for a period not to exceed fourteen (14) days during any ninety (90) day period; provided however, that the erection of such signs shall be approved through a sign permit by the Director as to location, safety and time period.

b. Temporary signs made of rigid materials shall be limited to a sign area of thirty-two (32) square feet.

5. No signs shall be attached to any street tree, or any poles such as utility poles, traffic signals, streetlight, street name signs or traffic warning signs, or on any bus shelter or bench within the public right-of-way, except for holiday decorations approved by the Public Services Department.

6. It shall be unlawful for any person to display upon any sign any obscene, indecent or immoral matter.

7. Off-premise signs are prohibited in all zoning districts except in industrial districts, or as specifically utilized to display civic events or road safety messages.

B. PROJECTION INTO PUBLIC RIGHT-OF-WAY: The permitted projection of an authorized sign into any street or alley right-of-way is as follows (Subject to the provisions of § 36-18.23 Vision Obstructions):

1. Projecting sign: Six (6) feet into any street right-of-way and four (4) feet into any alley right-of-way, but not closer than two (2) feet to the face of the curb.

2. No signs are allowed to project into the public right-of-way at corners created by the intersection of public rights-of-way (e.g. streets, alleys, pedestrian walks).

3. No temporary sign may encroach upon a public walkway, except as provided in 36-26.3(A4).

C. VERTICAL CLEARANCE: No sign shall be less than eight (8) feet above a public or private sidewalk or sixteen feet above ground level in areas open to vehicular traffic except wall signs not exceeding three (3) inches in thickness.

D. SIGNS WITHIN SETBACKS: Monument, pole signs and attention-getting signs taller than three (3) feet are subject to the provisions of § 36-18.23, Vision Obstructions.

E. OBSTRUCTIONS TO DOORS, WINDOWS OR FIRE ESCAPES: No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window, fire escape, or exit way.

F. SIGNS NOT TO CONSTITUTE VEHICULAR TRAFFIC HAZARD: No sign shall be erected at the intersection of any street, railroad grade crossing, or at any driveway in such a manner as to obstruct free and clear vision of motor vehicles or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device; or which makes use of the words "STOP," "DANGER," or any other word, phrase, symbol, or character in such manner as could interfere with, mislead or confuse traffic (See § 36-18.23, Vision Obstructions).

G. CONSTRUCTION STANDARDS: All signs, including all parts, portions, units, and material comprising the same together with the frames, backgrounds, supports and anchorage therefor shall be manufactured, fabricated, assembled, constructed and erected in accordance with applicable Building, Electrical, and Fire Prevention Codes of the City of Oakdale; and in accordance with the California Building Code (CBC) and all other future revisions thereof.

1. All signs constructed over or within five (5) feet of public street or sidewalk shall not have protruding nails, tacks or wires that would constitute a safety hazard. Electrical reflectors and devices may extend over the top and in front of signs.

2. Solid conduit goose neck reflectors and lights shall be permitted on signs, roof signs, pole signs, and wall signs; provided, that the reflectors shall concentrate the illumination upon the area of the sign so as to minimize glare upon the street or adjacent property.

H. Nonconforming Signs:

1. A nonconforming sign shall be any sign which does not comply with the provisions of this section, but was law-fully erected and which was lawfully in existence and in use on the date of the adoption of this chapter.

2. A nonconforming sign shall not be replaced, altered, reconstructed, relocated or expanded in any manner unless it is made to conform with all the provisions of this section except as follow:

a. Other nonconforming signs on the same property need not be made to conform as a result.

b. Change in copy shall be permitted if no structural changes in the sign are necessary except that no change in copy shall be permitted for nonconforming painted wall signs.

c. Ordinary maintenance and minor repairs which will not increase the normal life of the sign and which are required for safety purposes shall be permitted. Structural alterations to a nonconforming sign are prohibited unless they are made to conform to all requirements of the City Code.

3. If the use identified by a nonconforming sign is abandoned for a period of not less than ninety (90) days, the sign shall be removed unless it is made to conform to the provisions of this section. If such sign is not made to conform or if it is not removed within one hundred twenty (120) days from the time the use is abandoned, it shall thereafter be unlawful. "Abandoned" shall mean cessation of operation or change of use. "Abandoned" shall not mean an ownership change or a name change as long as there is no cessation of the operation for longer than ninety (90) days and the use is not changed.

I. The permittee shall be required to agree to indemnify and hold harmless the City from all claims for injuries to persons or damage to property by reasons of accidents resulting from the existence of any sign or other advertising structure owned, erected or maintained by the permittee; or resulting from the negligence or willful acts of the permittee, its agents, employees or workmen, in the construction, maintenance, repair or removal of any sign or other advertising structure erected by virtue of a permit issued under this section.

J. Portable Signs:

1. A portable sign, such as A-frame signs, not including attention-getting signs, are permitted provided they comply with the following requirements:

a. All portable signs require a permit from the Public Services Department prior to placement, which shall be renewed by the applicant on an annual basis as long as portable signs continue to be placed upon the premises. An annual permit fee as established by City Council Resolution shall be charged. Applicant shall provide the Public Services Department with sign models and proposed sign locations prior to issuance of the permit. Permits will be issued for those signs meeting the Sign Ordinance criteria.

b. No portable sign shall affect easements, nor restrict or impede pedestrians or disabled persons. Portable signs shall not restrict the clear vision of pedestrians or vehicles as determined by the Public Services Department.

c. Portable signs shall be no smaller than twenty-four inches by thirty-six inches (24" x 36") and no larger than thirty-six inches by sixty inches (36" x 60"). Sign size within the allowed parameters may be regulated by the Public Services Department depending on location and safety considerations.

d. Signs must be finished in appearance and be produced upon a wooden, vinyl or metal structure with professionally produced letters and background which shall include the name of the business and may include products sold or offered. Coloring and lettering shall be of a complimentary nature. No banners may be attached to the portable signs but balloons may be attached so long as the sign and balloon combination does not exceed the allowed sign size.

e. Each business shall be allowed one (1) sign per entrance, with sign placed within fifteen (15) feet of the primary public entrance or occupied building space, but no business may have more than two (2) portable signs.

f. Signs shall be displayed only during business hours.

K. Attention-Getting Signs:

1. Attention-getting signs may be permitted in lieu of a portable sign provided they comply with the following requirements:

a. Attention-getting signs require a permit from the Public Services Department prior to placement, which shall be renewed by the applicant on an annual basis as long as the sign(s) continue to be placed upon the premises. An annual permit fee as established by City Council Resolution shall be charged. Applicant shall provide the Public Services Department with sign models and proposed sign locations prior to issuance of the permit. Permits will be issued for those signs meeting the Sign Ordinance criteria.

b. Each business shall be allowed one (1) attention-getting sign per street or right-of-way frontage, but no business may have more than two (2) attention-getting signs.

c. Attention-getting signs may be located anywhere on the parcel of the respective business or within the commonly managed shopping center with the landlord or property manager's permission.

d. Attention-getting signs shall not be placed in the public right-of-way or in sight triangles. The signs shall not extend over public sidewalks, alleys, streets, obstruct the view of traffic signals or otherwise endanger the public.

e. Attention-Getting Signs for New and Used Automobile Lots, Boat and Trailer Sales, and Rental Establishments shall only be subject to those standards as defined in § 36-26.3(M).

2. Standards:

a. Size: Maximum height fifteen (15) feet. Maximum area thirty-two (32) square feet per face.

b. Spacing: Minimum of fifteen (15) feet between related or non-related signs.

c. Materials: Attention-getting signs shall be constructed of durable materials sufficient to withstand inclement weather, as well as color fading due to sunlight. Metal, wood, plastic and UV-coated nylon are typical materials. Glass and other breakable materials are prohibited. No paper, cardboard, poster board, foam core board or similar materials will be permitted.

d. Support: Attention-getting signs shall be self-supporting and weighed appropriately to withstand wind or being overturned by contact. Weights, if required, should be incorporated into the sign construction, not applied.

e. Illumination: Attention-getting signs shall not be illuminated.

f. Maintenance: Attention-getting signs are subject to the maintenance requirements of § 36-26.7 and shall be removed as soon as torn or damaged.

g. Display: Signs shall be displayed only during normal business hours and must be removed by close of business each day.

L. Electronic Message Board Signs:

1. Electronic Message Board Signs, as defined in § 36-26.2, are permitted subject to the following requirements:

a. Major Use Permit Required. Electronic Message Board may be permitted with the approval of a Major Use Permit. The provisions of a Major Use Permit are provided in § 36-20.1.

b. An Electronic Message Board Sign may only be located in the following areas:

(1) Adjacent to a three (3) and four (4) Lane Arterials, as designated in the Oakdale General Plan, with a lot frontage on the required arterial not less than 200 feet,

(2) A shopping center of five (5) acres or more, and

(3) A public and quasi-public use as defined in § 36-.2.2. (For reference, public and quasi-public uses include, cemeteries, churches, corporation yards, fire stations, hospitals, parks, public utility distribution substations, schools, communication equipment buildings, etc.)

2. Standards:

a. Size: Electronic Message Board signs shall not exceed forty-eight (48) square feet per each side of sign area.

b. Height: Electronic Message Board sign face shall not exceed a height of eight (8) feet as measured from the ground. The sign height may exceed this requirement if that portion exceeding (8) feet is an architectural element.

c. Design: Electronic Message Board signs shall be designed and constructed similar to the design of a Monument Sign as defined in § 36-26.2. The base of the Electronic Message Board sign shall be a solid structure of masonry, stone, or brick. The sign design shall be architecturally consistent with the property in which it is located.

d. Illumination: An automatic dimming circuit to reduce level of illumination glare between dusk and dawn shall be incorporated into all electronic message board signs. The sign's brightness shall not exceed 0.3 footcandle (over ambient levels) as measured using a footcandle meter at a distance of one hundred (100) feet from the sign face.

e. Hours of Operation: Electronic Message Board Signs may operate as changeable signs between the hours of 6:00 A.M. and 10:00 P.M. and must be programmed to remain static between the hours of 10:00 P.M. and 6:00 A.M.

f. Frequency of Change: Copy, Messages, and Video may be changed at a maximum of once each sixty (60) seconds.

g. Off Premises: Message displayed shall only direct attention to businesses located on the site or business center. No off-site advertising is permitted. Community emergency messages authorized by the Public Services Director are permitted subject to the approval of the property and/or sign owner.

h. Audio: Use of any audio or sound producing device in conjunction with Electronic Message Board signs is not permitted.

i. Video: Use of any video images in conjunction with Electronic Message Board signs is not permitted.

j. Restrictions: Electronic Message Board signs shall be prohibited from containing animated, moving, blinking, or flashing images.

3. Findings.

In granting any Major Use Permit for electronic message board and video signs, the Planning Commission shall make the following findings:

a. The sign is designed and located in such a manner that it does not obstruct visibility of pedestrians or vehicular traffic.

b. The sign as designed and located conforms to all provisions of the Zoning Code and to the goals and policies of the General Plan.

c. Granting the sign request will not be detrimental to the public health, safety, convenience, or welfare, or injurious to other property or improvements in the vicinity.

d. Sign design provides for integration with architecture and landscaping of the site to provide a unified architectural statement through the use of such means as consistency of colors, materials, and architectural form.

e. Any nonconforming or illegal signs located on the site or business center shall be removed in conjunction with the installation of the electronic message board and video sign.

M. New and Used Automobile, Boat, and Trailer Lots.

1. Permitted Signs/Advertising Devices. The following additional types of signs/advertising devices are permitted for new and used automobile, boat, and trailer lots subject to the approval from the Public Services Department:

a. Automobile, boat, and trailer toppers (signs magnetically attached to the top, side, or hood of a vehicle, boat, or trailer) according to the following criteria:

(1) One sign/device per automobile, boat, or trailer.

(2) May not extend more than eighteen (18) inches above the roof of the automobile, boat, or trailer.

b. Antenna (slip-on) pennants, according to the following criteria:

(1) No more than one per automobile, boat, or trailer.

(2) May not project above the height of the antenna when fully extended.

c. Under the automobile hood signs (signs designed to fit under an open automobile hood), according to the following criteria:

(1) No more than one sign under hood of each automobile.

(2) May not extend beyond body of automobile.

d. Window stickers, according to the following criteria:

(1) Unlimited in size and number, as long as stickers are confined to automobile, boat, or trailer window only.

e. Display racks/ramps, according to the following criteria:

(1) No more than one rack/ramp per one hundred (100) feet of frontage.

(2) No portion of rack/ramp may be more than six (6) feet above grade.

(3) Not permitted within any front/rear/side yard setback.

f. Temporary or permanent Tent Signs, according to the following criteria:

(1) No more than one tent/awning sign per site.

(2) May not exceed a maximum height of fifteen (15) feet.

(3) May not exceed a maximum area of twenty feet by forty feet (20' x 40').

2. Signs/Advertising Devices Requiring a Permit. The following additional types of signs/advertising devices require a permit from the Public Services Department prior to placement, which shall be renewed by the applicant on an annual basis as long as the sign(s) continue to be placed upon the premises:

a. Pole banners, consisting of vertical fixed panels mounted at the tops and bottom with brackets on private light standards or poles, according to the following criteria:

(1) No more than one permanent light standard or pole, or two (2) if directly opposite each other.

(2) May not exceed sixty (60) square feet in total area.

(3) Must have a minimum vertical clearance of eight (8) feet.

(4) May not extend above the top of the light standard or pole it is attached to.

(5) Not permitted off-site or on public utility poles.

b. Attention-getting signs, according to the following criteria:

(1) Shall maintain a distance of thirty (30) feet between each attention-getting sign.

(2) May not exceed fifteen (15) feet in height and eight (8) feet in width.

(3) May not extend above the top of the light standard or pole it may be attached to.

(4) Must have a minimum vertical clearance of eight (8) feet.

(5) Not permitted off site or on public utility poles.

(6) Shall only be displayed during normal business hours and must be removed by the close of business.

c. Banners, according to the following criteria:

(1) No more than one banner per street frontage.

(2) Each banner shall not exceed a maximum area of seventy-two (72) square feet.

(3) Banners may not be displayed above the roof line of any building, or above the top of any light standard, or pole sign.

(4) Banners may be located anywhere on the property that a permanent sign is permitted.

3. Automobile Rental Establishments shall also be subject to the provisions contained in this section.

4. Maintenance. All signs/advertising devices permitted by this section shall be maintained to the satisfaction of the Public Services Department at all times.

5. Review/Approval Process. The Public Services Department review and approval is required for display racks/ramps, tent/awning signs, and any other signs which require a building permit. All other additional signs do not require formal approval as long as they adhere in type, size, location, and number to the standards noted above.

N. Master Sign Plan.

A master sign plan provides a process for the City's review of, and decisions related to, requests for signs for multi-tenant projects. The intent of a master sign plan is to allow for the integration of a project's signs with the design of the structures to achieve a unified architectural statement and to approve common sign regulations for multi-tenant projects.

1. Applicability.

A master sign plan is required for the following activities:

a. All new non-residential projects with four (4) or more tenants.

b. Significant modifications to existing signs or the addition of new signage within an existing non-residential project with four (4) or more tenants.

c. Major rehabilitation work on an existing non-residential project with four (4) or more tenants that involves exterior remodeling and/or the application proposes modification to existing signs on the site within a one-year period. For the purposes of this section, major rehabilitation means adding more than fifty (50%) percent to the gross floor area of the building(s), or exterior redesign of more than fifty (50%) percent of the length of any facade within the project.

d. All signs installed or replaced within the non-residential project shall comply with the approved master sign plan.

2. Review Process.

a. The application shall include architectural elevations and plans of all proposed signs drawn to scale, with all dimensions noted, and include illustrations of copy, colors, materials, and samples of the proposed colors and materials. The plans submitted shall also show the location of each sign on buildings and the site. Finally, the application shall provide standards for the uniform style, construction, size, and placement of signs within the proposed project.

b. After receipt of a master sign plan application, the Public Services Director shall render a decision to approve or deny the request within thirty (30) working days. Prior to denial of the application, the director shall identify and request any modifications necessary in order to approve the application. Such a review shall ensure that any sign proposal is in conformance with this title and is consistent with its intent and purpose.

3. Findings.

A master sign plan, or revisions thereto, may be approved only when the designated approving authority makes all of the following findings:

a. The proposed master sign plan is consistent with the standards for signs as provided in § 36-26 (Sign Ordinance).

b. The size, location, and design of the signs are visually complementary and compatible with the scale and architectural style of the primary structures on the site, any prominent natural features on the site, and structures and prominent natural features on adjacent properties in the immediate surrounding area.

c. The proposed signs are in substantial conformance with the design review criteria provided in this title and any applicable design requirements.

4. Compliance Requirements.

The Public Services Director may impose requirements when approving a master sign plan to ensure compliance with this title, applicable design guidelines and the General Plan.

5. Modifications.

The Public Services Director may approve modifications to a previously approved master sign plan that was approved by the Director, Planning Commission or City Council if the director first determines that the modification(s) is minor and that the intent of the original approval, and any applicable conditions are not affected. A new master sign plan shall be required for modifications that would substantially deviate from the original approved master sign plan.

§ 36-26.4 Permitted Signs.

[Ord. No. 911 § 9, 1987; Ord. No. 1226-14 Exh. A; Ord. No. 1259-18]

The following signs are allowed in all land use zones without a permit.

A. Real estate sign not exceeding sixteen (16) square feet in area and six (6) feet in height, and which advertises the sale, rental or lease of the premises upon which the sign is located.

B. Wall mounted home occupation and personal name signs not exceeding two (2) square feet in area, and indicating only the name and occupation of the resident.

C. Signs denoting the architect, engineer or contractor when placed upon work under construction, and not exceeding ten (10) square feet in area.

D. Professional occupation signs denoting only the name and profession of an occupant in a commercial building, or public institutional building, and not exceeding four (4) square feet in area for each occupant therein.

§ 36-26.5 Requirements For Signs By Specific Zone.

[Ord. No. 953, §§ 6, 7; Ord. No. 995, Appx. A.; Ord. No. 1082, § 1, 2001; Ord. No. 1226-14 Exh. A; Ord. No. 1259-18]

It shall be unlawful for any person to erect, construct or maintain on any lot or parcel any sign of a type having an area and/or height in violation of the following specific requirements.

A. R-A, R-1, R-2 AND R-3 ZONES:

1. Signs allowed without a permit as specified in § 36-26.4, subject to the following additional restrictions:

a. Political signs, may be erected as follows:

(1) Political signs shall not be lighted either directly or indirectly, and are subject to the provisions of § 36-18.23 Vision Obstructions.

(2) Political signs shall be erected no more than sixty (60) days prior to the date of election and shall be removed within seven (7) days after the date of the election.

2. Signs requiring a sign permit:

a. For non-residential uses permitted by conditional use permit additional signing as follows:

(1) One bulletin board or sign not exceeding thirty-two (32) square feet in area and eight (8) feet in height when associated with churches, synagogues or civic organizations.

(2) Canopy and wall signs limited to one-half square foot in combined sign area for each horizontal lineal foot of any wall. Canopy and wall signs may have external illumination only, no internal illumination shall be permitted.

b. For multiple-family developments and mobile home parks containing four (4) or more units there may be one identification sign limited to twenty (20) square feet in area and not exceeding six (6) feet in height located at each entrance to the park or building complex. In addition, at each entrance, there shall be an internally lit sign not to exceed fifteen (15) square feet in area containing a map showing the location of individual sites or units. Each site or unit shall also be identified with self-illuminated and clearly visible numerals.

c. One construction sign over ten (10) square feet but not exceeding twenty (20) square feet in area and six (6) feet in height; provided that such sign shall be removed not later than (30) thirty days after construction is completed.

d. One double sided on-site subdivision sign not exceeding thirty-two (32) square feet in area per sign face and ten (10) feet in height for each recorded subdivision; provided that such sign shall be removed not later than two (2) years from the recording date of the subdivision, except as follows:

(1) Where building permits have been taken out for more than one-half but less than seventy-five (75%) percent of the lots in such subdivision at the end of said two (2) years period, such sign may remain for an additional one year (1) period or until building permits have been issued on all the lots, whichever occurs first, provided the sign is.

(2) Where building permits have been taken out for one-half or less of the lots in such subdivision at the end of said two (2) year period, such sign may remain for an additional two (2) year period or until building permits have been issued on all the lots, whichever occurs first.

e. Unlighted subdivision directional signs not exceeding sixteen (16) square feet in area and six (6) feet in height for each recorded subdivision as follows:

(1) When the boundaries of any recorded subdivision or any part thereof abut an arterial, as identified in the Oakdale General Plan, one (1) subdivision directional sign shall be permitted which may be located on any vacant lot or parcel which is owned by the subdivision owner.

(2) When the boundaries of any recorded subdivision, or any part thereof, do not abut an arterial as identified in the Oakdale General Plan, two (2) subdivision directional signs shall be permitted, which signs may be located as follows:

(a) One such sign may be located on property not owned by the subdivision owner with the permission of the property owner on whose property it is to be located.

(b) One or both signs may be located only on property owned by the subdivision owner.

(3) Such signs shall be removed not later than two (2) years from the recording date of the subdivision, except as follows:

(a) Where building permits have been taken out for more than one-half but less than seventy-five (75%) percent of the lots in such subdivision at the end of said two (2) year period, such signs may remain for an additional one (1) year period or until building permits have been issued on all of the lots, whichever occurs first.

(b) Where building permits have been taken out for one-half or less of the lots in such subdivision at the end of said two (2) year period, such signs may remain for an additional two (2) year period or until building permits have been issued on all of the lots, whichever occurs first.

B. C-1 AND C-2 ZONES:

1. All signs allowed without a permit as specified in § 36-26.4, subject to the following additional restrictions:

a. One (1) for sale or rent sign, not exceeding thirty-two (32) square feet in area and eight (8) feet in height.

b. One (1) construction sign, not exceeding thirty-two (32) square feet in area and eight (8) feet in height, provided such sign is removed not later than thirty (30) days after construction is completed.

c. Political signs may be erected, maintained and displayed provided each such sign does not exceed thirty-two (32) square feet in area, does not exceed eight (8) feet in height and the combined area of all such signs shall not exceed sixty-four (64) square feet. Such signs shall be erected no more than sixty (60) days prior to the date of the election, and shall be removed within seven (7) days after the election.

d. For temporary uses such as Christmas tree sale lots, pumpkin sale lots, and firework stands, one temporary sign may be permitted, not to exceed thirty-two (32) square feet in area and eight (8) feet in height. The erection of such signs shall be approved by the Director as to location, safety and time period.

e. One corporate flag per use or occupancy, not exceeding twenty-four (24) square feet in area; dimensions relative to each other shall not exceed a ratio of 2:1. Such flags shall be flown from a flagstaff or flagpole.

2. Signs Requiring a Permit.

a. Each business shall be allowed one sign per exterior wall. The face of a wall projecting from another wall shall be considered part of the adjoining wall. The principal frontage may have a parallel or projecting sign on the wall or overhang plus a window or a monument sign. If a group of businesses occupy a space or suite, they shall be allowed only one sign for the group, subject to approval of a master sign plan. Individual types of signs are subject to the following restrictions:

(1) Canopy and wall signs, provided that said signs shall be limited to the portion of a building wherein the use or occupancy is conducted. The maximum total area for each sign shall be based on the length of wall where the sign is to be located:

First 50 feet	4 square feet per lineal foot of building frontage; plus
Next 50 feet	2 square feet per lineal foot of building frontage; plus
Over 100 feet	1 square foot per lineal foot of building frontage

(2) Monument or pole sign not exceeding seventy-two (72) square feet in area. For parcels or properties that exceed three hundred (300) feet of frontage, an additional monument and pole sign may be permitted for each 100 lineal feet of frontage, subject to the approval of a Sign Permit and/or a master sign plan. Shopping centers shall be permitted one (1) monument and/or pole sign as described below in Subsection 2b.

(3) Projecting sign not exceeding seventy-two (72) square feet in area; if any portion projects into or overhangs a public street or alley right-of-way, said sign shall not exceed forty-eight (48) square feet in area.

b. A shopping center, subject to a master sign plan, shall be allowed one (1) monument sign and/or pole sign per street frontage, indicating the total shopping center use or listing of uses. The lettering for the listing of such uses shall be of a size not greater than one-half the size of the lettering of the shopping center name on such sign. In addition, each business in the shopping center will be allowed one sign per exterior wall, subject to the restrictions outlined above; except that no additional monument or pole signs shall be allowed within the shopping center.

c. Directional signs located wholly on private property on the premises to which they pertain as follows:

(1) One (1) exterior directional sign per use per street frontage of the site not exceeding six (6) square feet in area and three (3) feet in height, and provided business identification shall not exceed one-half of the area on a given face sign.

(2) Two (2) interior directional signs for a drive-in restaurant or other eating place with drive-through facilities each sign not to exceed thirty (30) square feet in area and eight (8) feet in height. For other uses, any number of interior directional signs, each not exceeding six (6) square feet in area and six (6) feet in height.

d. Service Station Price Signs: When the lot or parcel of land is used for gasoline service station purposes, in addition to any freestanding sign permitted under this section, there may be permitted on such lot or parcel of land one price sign per street; provided, however:

(1) That such sign shall advertise only the price of the gasoline sold and the hours of operation;

(2) Such sign shall not exceed an area of twenty-four (24) square feet;

(3) Such sign shall be subject to § 36-18.23 Vision Obstructions.

e. Electronic Message Board Signs, as defined in § 36-26.2 and as approved under a Major Use Permit in accordance with § 36-26.3(L).

f. Temporary Signs approved by a sign permit from the Public Services Department prior to placement, which shall be renewed by the applicant on an annual basis as long as the temporary sign(s) continue to be placed upon the premises.

g. Attention-Getting Signs, as defined in § 36-26.2 and approved by a sign permit from the Public Services Department prior to placement, which shall be renewed by the applicant on an annual basis.

h. New and Used Automobile, Boat, and Trailer Lots, subject to the provisions of § 36.26-3(M).

C. CC ZONE:

1. Purpose: The Central Commercial (CC) District is a design district which requires a different level of review than signs within other districts. Except as provided herein all signs erected, placed, or copy change shall be subject to Public Services Department review of its design character consistency with the City's guidelines.

2. General Exemptions: Exempt from design review, the requirement of a sign permit, or clearance by the Public Services Department except as required by the California Building Code:

a. All signs as provided for in § 36-26.4 and 36-26.5 B, 1a through d, except as provided for within this subsection.

b. Signs denoting the architect, or contractor when placed upon work under construction, and not exceeding ten (10) square feet in area, such signs shall be removed within fourteen (14) days of occupancy of the building.

c. Professional occupation signs with an area less than two (2) square feet, on a wall or fence denoting only the name and profession of an occupant is exempt from design review and may be permitted in addition to any other signs unless a formal tenant index sign is available.

d. Memorial signs and plaques installed by civic organization recognized by Council.

e. Official flags of the United States, other nation or country, State, County or municipality or internationally recognized organization, provided such flags are not a display for sale.

f. Non-advertising holiday decorations.

g. One (1) for sale or rent sign, not exceeding sixteen (16) square feet in area and six (6) feet in height.

h. Window signs text portion stating hours of operation, address, credit cards accepted and emergency information. Official legal notices issued by a court or governmental agency.

i. Signs within a structure not attached to the window or within three (3) feet of the window face. Intent is to not primarily be a window sign if seen from the window, or only part of a display.

3. Temporary Signs: Temporary signs require a sign permit from the Public Services Department prior to placement, which shall be renewed by the applicant on an annual basis as long as the temporary sign(s) continue to be placed upon the premises. Regardless of the status or conformity of all other on-premises signs temporary signs are permitted subject to the following exceptions, standards and limitations:

a. No sign shall be greater than twenty (20) square feet in area. A maximum of two (2) such signs are permitted at any one time; and,

b. Without notice to the Director, temporary window signs related to pricing and sales may be permitted on the windows facing out which do not cover more than thirty-three (33%) percent of the individual window surface or group of windows facing a street for a period not to exceed fourteen (14) days use during any ninety (90) day period.

c. Without notice to the Director, special event signs and civic event signs with an area of less than six (6) square feet, may be placed in windows or upon a building face for up to fourteen (14) days use during any ninety (90) day period.

d. Special event signs and civic event signs larger than six (6) square feet, may be approved for a limited period of time as a means of publicizing special events such as grand openings, carnivals, parades, charitable events. Such special event signs shall be limited to the following provisions:

(1) That non-window special event signs shall be limited to thirty (30) days per event from the date of erection.

(2) Special event signs shall not include promotional sales signs.

(3) Special event grand opening signs may include beacons, pennants, and streamers, but not inflated devices except for a fourteen (14) day period.

4. Prohibited Signs: The following signs are prohibited and inconsistent with the sign standards for the C-C (Central Commercial) District and are therefore prohibited:

a. Abandoned signs per § 36-26.3H3.

b. Animated, moving, flashing, blinking, reflecting, revolving, or any similar sign, including electronic message boards. Neon and interior lit signs are not permitted, indirect lighting is permitted.

EXCEPTION: One (1) neon sign is permitted per business provided it is no larger than two (2) square feet with the copy "OPEN" only. Traditional barber pole signs approved by the Planning Commission. Awning may be internally lit provided it frames the awning and does not illuminate letters.

c. Attention-getting signs, except as part of approved special event signs.

d. Bench signs, chalkboards or blackboards, changeable copy signs, except as allowed by the Planning Commission.

e. Off-site, off-premises or billboard signs, or permanent sale signs.

f. Portable signs or A-frame signs except per the temporary sign provisions of this subsection unless approved by the Planning Commission.

g. Signs on public property, except for traffic regulatory, informational signs, signs required by a governmental agency.

h. Signs painted on fences or roofs or signs that are affixed to vehicles, excluding permanent signs on commercial vehicles.

i. Signs which stimulate in color or design a traffic sign or signal, or which make use of words, symbols or characters in such a manner to interfere with, mislead, or confuse pedestrian or vehicular traffic.

j. No sign shall be erected so as to block views of buildings constructed or remodeled in conformity with the District's Design Guidelines.

k. Signs not permitted otherwise which are not permanently attached to awnings or canopies.

l. No sign shall be attached to any street, or any poles such as utility poles, traffic signals, street lights, street name signs or traffic warning signs, or any bus shelter or bench within the public right-of-way, except for holiday decorations or other signs approved by the City Council.

m. It shall be unlawful for any person to display upon any sign any obscene, indecent or immoral matter.

5. General Requirements for Permitted Signs:

a. Attached to and parallel with the exterior wall of the building, no more than eight (8) inches from the wall. Such signs shall not project beyond the limits of the wall.

b. Signs may be erected perpendicular to the face of the building if attached to the exterior wall, under a marquee or similar structurally permanent extension from the building. Such signs shall not project beyond the limits of the marquee or roof. The sign display shall be limited to the two perpendicular sides. The signs shall not be less than eight (8) feet above the sidewalk level.

c. On awnings or similar structurally permanent extension, signs shall be applied parallel to the surfaces of such extensions and shall not project beyond the edges of the parallel surface.

d. Except as provided elsewhere, each business shall be allowed one (1) sign per exterior wall. The face of a wall projecting from another wall shall be considered part of the adjoining wall. Principal frontage may have a parallel or projecting sign on the wall or overhang plus a window or a monument sign. If a group of business occupy a space or suite, they shall be allowed only one (1) sign for the group, subject to a Master Sign Plan.

e. Material and lighting: Material for signs shall be non-glossy and natural appearing. Internal illumination, blinking, or moving signs shall not be permitted except as provided in § 36-26.5C4b.

f. Non-advertising directional signs to aid vehicle or pedestrian traffic provided that such signs are located on site, have a maximum area which does not exceed three (3) square feet, have a maximum overall height of four (4) feet above grade, when mounted on the monument or decorative pole may be approved by the Director.

g. All new buildings and substantial facade remodels shall provide a proposed sign placement options plan to the Planning Commission. Purpose of this requirement is to ensure opportunities for signage is included in the projects design and to avoid future variance requests.

h. Roof top signs on historical buildings may be approved by the Planning Commission under the following limitations: (1) the building has retained its' historical integrity; (2) documentation is provided that the historical building had rooftop signage in the past; (3) the sign shall not be internally illuminated; (4) the sign shall utilize historical materials and non-glossy colors and surfaces that integrate with the historical architecture, colors, scale and design elements of the building; (5) roof top signage that meets these requirements shall only be allowed in the historical CC: (Central Commercial) District.

6. Basic Sign Allowance Subject to the Approval of the Director:

a. Signs located in the lower fourteen (14) feet of the building with the exception of window signs. Window signs applied with paint or a decal are permitted in upper stories per other provisions of this Code.

b. Sign area: Except as provided for in § 36-26.5C6d signs parallel to walls or overhangs shall be limited to one-half (1/2) square foot for each lineal foot of building width, on the side where located, as measured on an elevation of the building, but in no case shall the sign area exceed one hundred (100) square feet. An equal amount of area may be allowed for a logo or trademark. Minor text or wording is permitted if it occupies less than ten (10%) percent of logo sign area.

c. Along Yosemite Avenue and F Street, each ground floor establishment shall be permitted a minimum wall sign of twenty (20) square feet provided no freestanding, or projecting signs are located on the same premises. No equal separate logo area permitted using this subsection, a logo area shall be considered as part of the area.

d. Signs perpendicular to exterior walls shall be limited to five (5) square feet with a maximum dimension of five (5) feet on a side.

e. Permanent window signs or window logos not exceeding thirty-three (33%) percent of the window area do not require the Director's review.

f. Multi-tenant directory signs in addition to other signs not to exceed seventy-two (72) square inches per tenant.

7. Basic Sign Allowance, Subject to the Approval of the Planning Commission along Yosemite Avenue and F Streets:

a. Signs located fourteen (14) feet, but not above twenty (20) feet above grade.

b. Sign area: Signs parallel to walls or overhangs shall be limited to one-half (1/2) square foot for each lineal foot of building width, on the side where located, as measured on an elevation of the building. The Planning Commission may approve up to a twenty (20%) percent larger sign area. But in no case shall the sign area exceed one hundred (100) square feet.

c. Second story tenants are allowed equal signage area separately from the ground floor tenants. § 36-26.5C7 is not applicable to second story signs.

d. A building name sign, in addition to other signs, limited to buildings with at least two (2) tenants. Sign is limited and intended to identify the building and not a business within. Sign shall not be greater in size than the current one-half (1/2) square foot for each running foot with a maximum of fifty (50) square feet.

e. Second story tenants are allowed equal signage area separately from the ground floor tenants. An equal amount of area may be allowed for a logo or trademark with more than ten (10%) percent of the area being in text. Area of text shall be counted as part of the total text signage permitted per § 36-26.5C7b. Except neither are eligible for twenty (20%) percent increase.

f. Permanent window signs exceeding thirty-three (33%) percent of the window area in all areas of the C-C District.

g. Signs perpendicular to exterior walls larger than five (5) square feet with a maximum dimension of five (5) feet on a side are permitted based on a determination of need: example due to visual physical obstructions such as trees or light poles. Maximum size is limited to ten (10) square feet.

h. Businesses, fronting on Yosemite Avenue or "F" Street with sufficient setback, as defined in § 36-18.9. "Special Building Lines," shall be allowed one (1) free-standing sign. Free-standing monument signs shall be limited to twenty-four (24) square feet with an eight (8) foot maximum length. Maximum height from the public sidewalk level for monument signs shall be limited to four (4) feet. Individual letters shall not exceed twelve (12) inches in height. Where two (2) or more businesses occupy a building or commercial complex only one (1) monument or pole sign is permitted.

8. Nonconforming Signs: A legally established permanent sign which fails to conform to the CC District requirements shall be allowed continued use, except that the sign shall not be:

a. Structurally altered so as to extend its useful life. Expanded, moved or relocated or re-established after a change in use.

b. Reestablished after a business has been abandoned for ninety (90) days or more.

c. Re-established after damage or destruction of more than fifty (50%) percent and the destruction is other than facial copy replacement and the display cannot be repaired within thirty (30) days of the date of its destruction, as determined by the Director.

d. Sign copy and sign faces may be changed on nonconforming signs when there is no change in use of the site other than a name change related to ownership or when only a portion of a multiple tenant sign is being changed.

e. Legal nonconforming wall signs shall not prevent the installation of conforming, monument signs, freestanding or window signs.

f. Any nonconforming signs shall be required to be brought into conformance or abated in conjunction with any major remodel or reconstruction clearance which is hereafter granted on the same site.

g. The Planning Commission may approve continued use of nonconforming signs provided:

(1) Painted face signs (no mounted support) may not continue unless remodel does not include disturbance of the painted area, and or cleaning or repainting of the surface will destroy copy from an older era business considered a design feature link with Oakdale's historical past.

(2) Existing projecting signs may be retained provided the copy and face character is considered consistent with the guidelines and the sign is not internally lit.

(3) That the area of nonconforming projecting sign in excess of requirements shall be subtracted from the wall sign area permitted, except that despite the subtracted area, a five (5) square foot wall sign would be permitted.

(4) Replacement of existing canopies and marquees do not require removal of other existing nonconforming signs. Placement of text on a marquee or canopy, being replaced, when other nonconforming signs exist may be approved provided the text area is less than five (5) square feet in area; and,

(5) When facade or exterior remodel necessitates removal of a nonconforming wall or projecting sign, it shall not be reattached or replaced without meeting the District's requirements and guidelines.

h. All existing window and non-temporary signs within the District effective the date of February 22, 1992 shall be considered legal nonconforming signs for the purpose of this Code.

9. Nonconformity/Abatement/Removal of Illegal Signs, on Premises:

a. Nothing within this subsection shall prevent the normal maintenance and repair of any nonconforming sign or sign structure during its effective life or as determined under § 36-26.7. Normal maintenance or repair shall be limited to only:

(1) Routine cleaning and painting without different text copy except for style.

(2) Replacing of nuts, bolts, screws or nails.

(3) Releveling or plumbing the structure without the addition of guys or struts for stabilization.

D. L-M, and M ZONES: The following on-site signs are permitted except as otherwise stated:

1. Any sign allowed, with or without a permit, in the C-1, and C-2 Zones subject to the same restrictions as in those zones.

2. Off-Premises signs are allowed provided that the sign does not exceed an area of one hundred (100) square feet, and twenty (20) feet in height. Off-premises signs shall be spaced no more closely than four hundred (400) feet apart on the same side of the street facing in the same direction.

3. Electronic Message Board Signs, as defined in § 36-26.2 and as approved under a Major Use Permit in accordance with § 36-26.3(L).

4. Attention-Getting Signs, as defined in § 36-26.2 and approved by a sign permit from the Public Services Department prior to placement, which shall be renewed by the applicant on an annual basis.

5. Master Sign Plan shall be required in accordance with the provisions of § 36-26.3(N) for on-site signs of multi-tenant projects.

E. PD (PLANNED DEVELOPMENT ZONES: The following on-site signs are permitted:

1. Sign limitation shall be made a condition of each PD Zone and approval shall be based on the provisions of the zoning classification most closely approximating the uses proposed in the PD Zone.

2. Electronic Message Board Signs, as defined in § 36-26.2 and as approved under the adoption of a PD Zone or under a Major Use Permit in accordance with § 36-26.3(L).

3. Attention-Getting Signs, as defined in § 36-26.2 and approved by a sign permit from the Public Services Department prior to placement, which shall be renewed by the applicant on an annual basis.

4. Master Sign Plan shall be required in accordance with the provisions of § 36-26.3(N) for on-site signs of multi-tenant projects.

§ 36-26.6 General Requirements.

[Ord. No. 1259-18]

A. Permit Required. Except as otherwise provided in this chapter, it will be unlawful for any person to erect, alter or relocate within the City any sign without first obtaining a sign permit and any other permit that may be required. All illuminated signs shall, in addition, be subject to the provisions of the California Building Code, and the permit fees required thereunder.

Public Services Department approval is required in connection with the issuance of all sign permits and master sign plans, pursuant to the provisions of this chapter, except for signs subject to review and approval of the City Council or Planning Commission. The Public Services Department may refer signs or master sign plans to the Planning Commission for review and approval.

B. Application for Sign Permit. An application for a sign permit shall be made in writing on a form prescribed by the Public Services Department and shall be accompanied by the required fee, in an amount established by City Council Resolution from time to time. The applicant shall submit plans, drawings and other supporting data as determined necessary by the Public Services Department. The Public Services Department shall establish and maintain a submittal requirement checklist for sign permit applications.

C. Review of Application and Issuance of Permit. Within thirty (30) calendar days of initial submission, the Public Services Department shall determine whether the application contains all the information and items required by this chapter and other applicable laws.

Should the Public Services Department determine after review of an application, that the proposed sign is in compliance with all the requirements of this chapter and all other applicable laws, ordinances and regulations of the City and of the State, the sign permit shall be issued.

Whenever any sign falls entirely within the definitions of one (1) or more type signs, it shall be subject to the provisions of the most restrictive category.

The required fees shall be doubled for any sign erected prior to the securing of a permit when a permit is required, provided that the sign meets all legal requirements.

D. Appeals. Any person objecting to any denial, suspension or revocation of a permit applied for or held by him pursuant to the provision of this chapter, or to any action taken by any official of the City concerning such permit, may appeal by written request to the Planning Commission as provided in § 36-22.

E. Variance. When practical difficulties or unnecessary hardships would result from the strict application of the provisions hereof, variances may be granted by the Planning Commission as provided for in § 36-21, after making the appropriate findings contained in § 36-21.5.

§ 36-26.7 Enforcement.

[Ord. No. 1160, § 1; Ord. No. 1259-18]

A. If the City of Oakdale finds that any sign regulated in this chapter is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of the provisions of this chapter, written notice shall be given to the sign owner thereof. If the sign owner fails to remove or alter the structure so as to comply with the standard set forth in this chapter, within ten (10) days after such notice, such sign may be removed or altered to comply by the City at the expense of the sign owner or owner of the property upon which it is located. The City may cause any sign or other advertising structure which is an immediate peril to persons or property to be removed summarily and without notice.

B. The owner of any sign, including supporting structures, shall keep the same in a presentable condition at all times. All painted signs, and all supporting structures of any sign, shall be repainted whenever such action is necessary to keep them in good condition, as determined by the Public Services Director.

C. Any sign which no longer advertises a bona fide business conducted, or a product available for purchase by the public for a period of ninety (90) days or more, shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be found, within thirty (30) days after written notification from the City of Oakdale, and upon failure to comply with such notice within the time specified in such order, the City is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the building or structure to which such sign is attached, or, if the sign is not attached to a building, by the owner of the sign.

D. This section shall be punishable as an infraction, and subject to administrative remedies as set forth in Article V of Chapter 19.

§ 36-27 Application Filing Fees.

§ 36-27.1 Filing Fees.

The following fees are established for the specified applications by City Council Resolution:

A. Amusement Game Machine Installation Permit

B. Home Occupation Permit

C. Site Plan Review

D. Use Permit

E. Variance

F. Zone Changes, Prezoning, and Amendments

G. Appeal

H. Sign Permit

§ 36-27.2 Fee Payment.

Fees shall be due and payable in legal tender at the time the application is made with the City.

§ 36-27.3 Processing Restriction.

Applications shall not be processed by the Director until the Director has certified that all applicable Filing Fees have been paid.

§ 36-27.4 Exceptions.

The Director may waive a specific application Filing Fee if, in the opinion of the Director, the application is required to correct for any license or permit issued in conflict with this chapter.

§ 36-27.5 Reimbursement.

Whenever the Director, Site Plan Review Committee, Planning Commission, or City Council determines that an application was not required for the action requested by the applicant, the Director shall reimburse the applicant the full amount of the Filing Fee within ten (10) days following the determination. There shall be no reimbursement for any application which is denied by either the Director, Site Plan Review Committee, Planning Commission, or City Council.

§ 36-28 Oak And Significant Tree Preservation.

§ 36-28.1 Purpose and Intent.

[Ord. No. 1044, § 1.]

A. It is declared that the public interest and welfare require that the City establish a program for the preservation of oak trees and significant trees in order to maintain the heritage and character of the City of Oakdale as well as preserve the beauty and identity of the community. Toward this purpose, this section establishes regulations for the installation, preservation, protection and selected removal of trees within the City limits. In establishing these procedures it is the City's intent to preserve and encourage the regeneration of a healthy urban forest that contributes to clean air, soil conservation, aesthetics, enhanced property values and a quality of life that will ensure that Oakdale will continue to be a desirable place to live.

B. This Section provides policies, regulations and specifications necessary to govern the preservation of oak trees and significant sized trees within the City and to control their removal. These provisions apply to new development, redevelopment and zoning changes that could result in development of land use intensities and development patterns that could impact existing oak trees and existing significant sized trees.

C. The policies and procedures contained in this section apply equally to private property and to projects being pursued by public agencies, including but not limited to the City of Oakdale. It shall be the City's policy to encourage other agencies to comply with these provisions even when the City does not have legal jurisdiction over the actions of that agency. In particular the City encourages Stanislaus County to adopt regulations to protect oak and significant trees within the City of Oakdale's Sphere of Influence. The County and landowners in the City's sphere are requested to consult with the City prior to proposed removal of these trees within the City Sphere of Influence.

§ 36-28.2 Definitions.

[Ord. No. 1044, § 1.]

As used in this section:

A. BOND — Means a type of financial security; equivalent forms of financial security shall be subject to approval by the Director.

B. DIRECTOR — Means the Director of the Community Development Department or his/her designated representative.

C. DRIPLINE — Means an imaginary line extending downward from the ends of the outermost branches of the tree to the ground.

D. MATURE TREE — Means any oak tree with a trunk of six (6) inches or greater diameter as measured three (3) feet from the lowest adjacent natural ground level.

E. OAK TREE — Means any species of the genus "Quercus" having a trunk or trunks of three (3) inches diameter as measured at a point three (3) feet above the ground.

F. SIGNIFICANT TREE — Is a designation for any species of tree having a trunk or trunks of twenty-four (24) inches diameter as measured at a point three (3) feet above the ground.

G. PERMIT — Means a written authorization by the Director of the City Council that specifically designates the location, number, type and size of oak trees that a person has permission to impact in a potentially adverse manner, or remove.

H. PERSON — Means individuals, associations, corporations, public agencies and their agents and employees.

I. HEALTHY TREE — Means a tree exhibiting good structural integrity, free of serious diseases, and maintaining normal appearance appropriate to the species including size of tree and leaves, normal coloration, and displaying normal vigor and growth characteristics of the species. Health and condition shall be determined consistent with the "Guide for Plant Appraisal", an International Society of Arboriculture publication (1992 or subsequent editions).

§ 36-28.3 Permit Required.

[Ord. No. 1044, § 1.]

No person shall destroy or remove any oak tree or significant tree growing on private or public property within the City limits of the City without a permit. A permit to destroy or remove an oak tree or significant tree shall not be granted except as provided in this Code.

§ 36-28.4 Removal of Oak Tree Application Process.

[Ord. No. 1044, § 1; Ord. No. 1227-14 Exh. A.]

A. Any persons or agents of any such persons wishing to remove one (1) or more oak or significant trees from any parcel in the City shall complete the City's Tree Removal Permit Application and submit it to the Public Services Department for a determination/permit.

B. A permit application shall contain a plot plan showing the location, type and size of tree(s) proposed to be removed, a brief statement of the reason for removal, and other pertinent information that the City Manager or his or her authorized designee may require. If the tree or trees are proposed for removal because of their condition, a certified arborist's determination of the state of health of the oak or significant tree(s) may be required.

A tree removal permit fee will be collected for projects involving new development or entitlements within the City. Projects that will be assessed a permit fee include, but are not limited to commercial, industrial, institutional, and residential projects. The permit fee will not apply to existing residential dwellings or existing development not proposing new construction.

A base fee of seventy-five ($75.00) dollars will cover the cost of permit administration. An additional deposit may be required by the City Manager or his or her authorized designee to retain a licensed arborist or other qualified professional consultant to assist the City in assessing the condition of trees.

C. Except as specifically provided in § 36-28.6 of this section, the City Manager or his or her authorized designee shall not be authorized to approve removal of a healthy, mature oak tree as defined by this section. The only oak trees whose removal the City Manager or his or her authorized designee is authorized to permit, are trees that are of less than mature size or which are, in the City Manager's or his or her authorized designee's findings, clearly dead or diseased beyond correction.

D. If a request is being made to remove one (1) or more healthy, mature oak trees, the City Manager or his or her authorized designee shall prepare a report to the City Council, outlining the proposal and his/her recommendation. These same factors shall be used by the City Manager or his or her authorized designee to consider requests for removal of trees that are significant trees, diseased or of less than mature size.

1. The condition of the oak or significant tree with respect to its general health, status as a public nuisance, danger of falling, proximity to existing or proposed structures, interference with utility services, and its status as host for a plant, pest or disease endangering other species of trees or plants with infection or infestation.

2. The necessity of the requested action to allow construction of improvements or otherwise allow reasonable use of the property for the purpose for which it has been zoned. In this context, it shall be the burden of the person seeking the permit to demonstrate to the satisfaction of the City Manager or his or her authorized designee that there are no reasonable alternatives to the proposed design and use of the property. Every reasonable effort shall be made to avoid impacting oak trees and significant trees, including but not limited to: flexible application of City standards, utilizing custom building design alternatives, and the applicant incurring additional costs to save oak and significant trees.

3. The topography of land, and the potential effect of the requested tree removal on soil retention, water retention, and diversion or increased flow of surface waters. The City Manager or his or her authorized designee shall consider how either the preservation or removal of the oak or significant tree(s) would relate to grading and drainage. Except as specifically authorized by the Planning Commission and City Council, ravines, stream beds and other watercourses that provide a habitat for oak and significant sized trees shall not be disturbed;

4. The number, species, size and location of existing trees in the area and the effect of the requested action on shade areas, air pollution, historic values, scenic beauty and the general welfare of the City as a whole;

5. Good forestry practices such as, but not limited to, the number of healthy trees the subject parcel of land will support.

E. For applications to remove oak trees the City Manager or his or her authorized designee shall post for fifteen (15) days a "Notice of Tree Removal Request" in the front yard of the property, stating the date(s) of the tentative public meeting consideration. The City Manager or his or her authorized designee shall agendize the tree removal request as a staff report item.

F. In conjunction with the intended decision made on an application for a permit, the City Manager or his or her authorized designee shall attach or recommended for City Council consideration reasonable conditions to ensure compliance with the stated purposes of this section, and a condition requiring tree replacement provisions that generally include one to two (1-2) twenty-four (24) inch box trees (providing one-and-one-half (1-1/2) inch minimum trunk caliper measurement) or three to five (3-5) fifteen (15) gallon plantings of an appropriate species to be planted in a suitable location as substitutes for removed trees, at the sole expense of the applicant; the applicant shall be required to post a tree planting performance bond or security to ensure that replacement trees are properly established and maintained for two (2) growing seasons.

G. In conjunction with the development or use of any property where there is a question in the mind of the City Manager or his or her authorized designee as to possible impacts on an existing oak or significant tree(s), the City Manager or his or her authorized designee shall require that a tree preservation security be posted in an amount based on the valuation of the trees according to the guidelines set forth within the International Society of Arboriculturists publication "Guide for Establishing Value of Trees and Other Plants." The purpose of the security is to ensure the intention to preserve trees not approved for removal.

H. This security shall be held for a reasonable period of time following grading or other development activity on the parcel, not to exceed three (3) years; the security is to be released upon the satisfaction of the City Manager or his or her authorized designee that the trees to be preserved have not been endangered. In instances where trees not approved for removal have been destroyed, the security shall be applied, for the value of the destroyed tree(s), and be used for the replacement and preservation of City oak or significant trees, as required by the City Manager or his or her authorized designee.

§ 36-28.5 Appeals of Permit Decisions.

[Ord. No. 1044, § 1.]

A. Notice of the Director's decisions regarding oak trees that are within his/her jurisdiction to approve removal shall be given by personal delivery or first class mail to the applicant and to any person filing a written request. Any such decision shall include a statement of the reason for the decision and the conditions which were attached.

B. The Director shall post either (1) a "Notice of Intent" of the tree removal permit issuance on the property for the duration of the fifteen (15) day appeal period, stating the tree removal proposal, the Director's intended decision, and the proper procedure for formal appeal, or (2) a "Notice of Tree Removal Request" on the property, stating the date(s) of tentative public meeting consideration.

C. Any person aggrieved or affected by the Director's decision may appeal the decision to the City Council by filing a written appeal with the City Clerk within fifteen (15) days of the date of the Director's notice. Any such appeal shall be accompanied by an appeal fee in the amount established by resolution of the City Council. Property owners within three hundred (300) feet of the subject site shall receive notice of the appeal no later than ten (10) days prior to the scheduled public hearing to consider the appeal.

D. If no appeal is filed within such time, the Director shall promptly implement his/her intended decision by denying or issuing the permit, with or without conditions. An appeal shall automatically stay execution of the implementation of the intended decision until the appeal has been considered and decided by the City Council.

E. The City Clerk shall place all such appeals on the agenda of the next regular Council meeting and shall give notice to the applicant and/or appellant. The City Council shall consider and decide all issues raised in the appeal and may call for expert witness from a consulting tree specialist, for which the City may require reimbursement from the applicant. The decision of the Council shall be final.

F. The Planning Commission shall not have the authority to approve removal of mature oak or significant trees. The Commission may, however, as part of a development review process, recommend to the City Council that the Council permit selected oak or significant sized trees to be removed. The criteria to be used by the Planning Commission in making such recommendation shall be as specified in § 36-28.4(D) of this chapter.

§ 36-28.6 Emergencies.

[Ord. No. 1044, § 1.]

A. In the case of emergency caused by dangerous condition of an oak tree or significant tree requiring immediate action for the protection of life or property, a tree may be cut down in whole or in part on the order of the Director, or any on-duty member of the Police and Fire Departments. A report recording the reasons for such action may be required by the Director.

B. Public utilities subject to the jurisdiction of the Public Utilities Commission of the State of California may also take such action as may be necessary to maintain a safe operation for their facilities.

§ 36-28.7 Preservation of Existing Oak and Significant Sized Trees.

[Ord. No. 1044, § 1.]

A. When proposed developments encroach into the dripline area of oak or significant sized trees, special construction techniques to allow the roots to breathe and obtain water may be required by the Director with respect to any application for a building, grading or development permit. During construction, such protection measures shall include, but not be limited to, installing a high visibility tree protection fence (minimum three (3) foot high fence with metal stakes/posts at eight (8) to ten (10) foot intervals) around the dripline(s) of a tree or trees to be preserved. All development applications, where oak or significant sized trees may be affected by development, shall include a certification by a registered civil engineer, land surveyor or licensed tree specialist attesting to the accuracy of the tree trunk and dripline locations.

B. As a general rule, the existing ground surface within the dripline of any oak or significant tree shall not be cut, filled, compacted or pared. Excavation adjacent to any oak or significant tree shall not be permitted where, in the judgment of the Director, material damage to the root system will result. Exceptions may be approved by the Director based on qualified consultation, at the cost of the developer, resulting in reasonable assurance that the tree will not be damaged.

§ 36-28.8 Building Permits.

[Ord. No. 1044, § 1.]

A. When any building permit is applied for pursuant to this Code and the proposed structure would require the destruction or removal of an oak or significant tree, the official responsible for issuing the permit shall take into consideration the provisions of this section in the granting or denying of such permit, and the applicant shall be required to obtain a permit in accordance with the provisions of this section.

B. In the event a permit to destroy or remove an oak or significant tree is issued in order to enable the applicant to carry out a development or improvement of this property, such permit shall be valid and effective only in connection with the actual accomplishment of such project for which a permit has been issued.

§ 36-28.9 Safeguarding Trees During Construction.

[Ord. No. 1044, § 1.]

A. For the purposes of safeguarding oak or significant trees during construction, the following conditions shall apply.

1. Prior to issuance of a grading or building permit, all oak or significant trees on a building site shall be inventoried by the owner of such site or by the contractor as to size and location on the site. Such inventory shall be submitted to the Director, and field checked by City staff to verify the number, size and location.

2. Damage to any tree during construction shall be immediately reported to the Director by any person causing such damage, the responsible contractor, or the owner of the site, and such persons shall be required to treat the tree for such damage as specified by the Director.

3. Oil, gasoline, chemicals and other construction materials or equipment which might be harmful to oak and significant sized trees shall not be stored under the dripline or upslope of the tree(s).

4. Drains shall be installed according to City specifications so as to avoid harm to the oak or significant trees due to excess watering.

5. Wires, signs and other similar items shall not be attached to oak or significant trees.

6. Cutting and filling around the base of oak or significant trees shall be done only after consultation with the Director, and then only to the extent authorized. The Director may require professional consultation, at the applicant's cost, to make appropriate determinations.

7. No paint thinner, paint, plaster or other liquid or solid excess or waste construction materials or waste water shall be dumped on the ground or into any grate between the dripline and the base of oak or significant trees, or uphill from any oak or significant tree where such substance might reach the roots through a leaching process.

8. Tree protection fences (minimum three (3) foot high visibility fence with metal posts at minimum every ten (10) feet) shall be installed at the dripline to prevent compaction and injury to a tree's surface roots, to prevent injury to oak or significant trees exposing them to disease causing organisms.

9. Wherever cuts are made in the ground near the roots of oak or significant trees, appropriate measures shall be taken to prevent exposed soil from drying out and causing damage thereto. All cuts within the dripline of a tree are to be made by hand (no backhoes or graders.)

10. Trimming cuts one (1) inch in diameter and over must be covered at the time the cuts are made with a tree seal pruning compound approved by the Director. All root pruning is to be done by hand.

B. If the Director has reason to believe that construction or development activities may endanger an oak tree or significant tree, he/she may seek professional consultation, at the expense of the person seeking to undertake construction or development of the property, to recommend measures necessary to safeguard the tree(s).

§ 36-28.10 Safeguarding Trees After Construction.

[Ord. No. 1044, § 1.]

Oak and significant trees required to be kept on a building site and oak trees or other trees required to be planted as a condition of construction shall be maintained after completion of construction according to accepted arboricultural practices for the purpose of maintaining or furthering the health of such trees. The Director may require that drought-resistant landscaping be installed as an alternative to irrigated landscaping where appropriate.

§ 36-28.11 Willful Destruction or Endangerment of Oak Trees.

[Ord. No. 1044, § 1.]

It is unlawful for any person to willfully destroy, significantly disfigure, poison or attempt to kill an oak or significant tree in the City. Any action that would endanger an oak or significant tree and that results in its destruction shall be subject to the same penalties as removal without authorization. The person or party responsible for willfully causing the destruction or removal of an oak tree or significant tree shall be held responsible for the payment of any penalties in conjunction with its removal.

§ 36-28.12 Enforcement.

[Ord. No. 1044, § 1.]

A. The Director shall be responsible for the enforcement of this section. The Community Development Department may accept and process applications for tree removal in conjunction with building permit or land use applications, and City or other agency initiated projects.

B. If a request for a tree removal is received as part of a new subdivision or property development proposal, within the range of his/her authority the Director may grant permission for tree removal. In those situations that are not within his/her authority, the Director shall prepare recommendations for City Council consideration and action.

§ 36-28.13 Violation - Penalty.

[Ord. No. 1044, § 1.]

A. Any person violating any of the provisions of this chapter is subject to a financial penalty.

B. Any person violating any portion of this section is punishable by a fine or fines the amount of which would be determined based on the valuation of trees according to the guidelines set forth within the International Society of Arboriculturalists publication "Guide for Plant Appraisal" (1992, or subsequent edition) up to an amount not to exceed ten thousand ($10,000.00) dollars per tree. The fine(s) shall be based on an appraisal by a qualified arboriculturalist or similarly licensed professional, using the criteria consistent with the above publication. The fee for the appraisal shall be added to the penalty established by the appraisal.

C. Any person who violates any portion of this section that results in the loss of a protected tree, shall be required to replace said tree with a new twenty-four (24) inch box tree and/or additional plantings, of the same species. The location of replacement tree shall be in the exact location of the tree removed.

D. These fines may be levied in full or in part as deemed necessary by a court of law.

E. Fines collected shall be placed in an oak and significant tree preservation and replacement fund to be utilized for the preservation and replacement of oak and significant trees within the City. The Director shall coordinate use of this fund and undertake programs consistent with the purpose and intent of this section.

§ 36-29 Mobile Food Vendors.

[Added 8-2-2021 by Ord. No. 1276]

§ 36-29.1 Purpose.

[Added 8-2-2021 by Ord. No. 1276]

The purpose of this section is to provide a clear and streamlined permitting process for mobile food vendors and to establish proper permit and regulatory procedures to ensure the health and safety of the community while at the same time promoting business in the City for residents and visitors.

§ 36-29.2 Definitions.

[Added 8-2-2021 by Ord. No. 1276]

As used in this section:

DIRECTOR

Is the Public Services Director.

FOOD VENDOR VEHICLE

Is a motorized vehicle or a trailer that can be pulled by motorized vehicle that is used by a mobile food vendor.

MOBILE FOOD VENDOR

Is any person that operates a vending business that sells food and beverage ready for immediate consumption directly to any consumer from a food vending vehicle or trailer. This definition does not include ice cream trucks, or other moving vendors. The vendor could be the business owner, employee, or property owner.

PUBLIC RIGHT-OF-WAY

Means and includes all areas legally open to public use as public streets, roadways, highways, parkways, alleys, and any other public right-of-way.

SIDEWALK/PUSHCART MOBILE FOOD VENDOR

Is any person that operates a vending business that sells food from a pushcart, stand, display, pedal-driven cart, or other non-motorized conveyance.

§ 36-29.3 General Provisions.

[Added 8-2-2021 by Ord. No. 1276]

A. Regulation of Sale.

1. It shall be unlawful for any person to vend, or attempt to engage in vending or operate any vehicle or conduct any business for the purpose of vending from any vehicle or conveyance parked, stopped, or standing upon any public street, alley, highway, or property, or private street, alley, or property within the City of Oakdale except in accordance with applicable provisions of this Code.

2. The sale of alcohol and tobacco products is prohibited.

B. Zoning Districts.

1. Mobile Food Vendors shall be considered a permitted use subject to the approval of a Conditional Use Permit in the following City of Oakdale zone districts: C-C, Central-Commercial, C-1, Neighborhood Commercial; C-2, General Commercial; L-M, Limited Industrial; M-1, Light Industrial; and M-2. Heavy Industrial except as follows:

a. It is prohibited that any vendor park or conduct business in the public right-of-way on the following streets: Yosemite Avenue, F Street, First Avenue, Second Avenue, Third Avenue and within the L-M, Limited Industrial, M-1, Light Industrial, and M-2 Heavy Industrial districts.

2. Residential Zone Districts. A mobile food vendor may not operate within residential districts except as follows:

a. Public Right-of-Way. Mobile Food Vendors such as ice cream trucks or mobile pushcart vendor may circulate and stop temporarily for sales, but shall not remain stationary for more than five minutes.

b. Private Property. Mobile Food Vendors on private property are prohibited unless the vendor has been hired to cater at a private residence at no cost to the guests of property owner.

C. Authority to Operate in the City.

1. Any mobile food vendor who wishes to operate within the Oakdale City Limits shall apply for and obtain a City of Oakdale Business License and a Conditional Use Permit issued by the Public Services Director or his designee except as follows:

a. Public Right-Of-Way. Mobile Food Vendors such as ice cream trucks who circulate in the public right-of-way and stop temporarily for sales for no longer than five minutes, a City of Oakdale Business License is required.

b. Private Property. Mobile Food Vendors on private property are prohibited unless the vendor has been hired to cater at a private residence at no cost to the guests of property owner, a City of Oakdale Business License is required.

2. Any Mobile Food Vendor to locate on Private Property, a Minor Use Permit is required.

3. Any Mobile Food Vendor to locate in the Public Right-of-Way, a Major Use Permit is required.

4. Any Sidewalk/Pushcart Mobile Food Vendor, an Annual Temporary Use Permit is required.

§ 36-29.4 Requirements.

[Added 8-2-2021 by Ord. No. 1276]

It is unlawful for any mobile food vendor to operate on Private Property unless the mobile food vendor has met the following conditions.

1. Apply for and obtain a Minor Use Permit from the City in accordance with Sections 36-20.2 through 36-20.4 of the Municipal Code. Submittal requirements shall include the following:

a. Completed City of Oakdale Uniform Application Form.

b. Proof of current vehicle registration and a copy of an applicable vehicle insurance policy.

c. Applicable application fees.

d. Four photographs (showing different exterior views) of each motorized vehicle or food trailer.

e. Proof demonstrating acknowledgement and consent of the property owner to permit the vendor to operate on the site, signed by the property owner as required by the Stanislaus County Department of Environmental Resources.

f. A site plan illustrating the location of all existing buildings, structures, driveways, parking spaces, and improvements, and the proposed location or areas where the mobile food vending will occur, parking areas, seating areas, structures and improvements related to the vending activity, will be located upon the site.

g. A signed affidavit from the business or location providing the required restroom facilities for food service workers, stating the hours that those facilities are being made available as required by the Stanislaus County Department of Environmental Resources.

h. A parking analysis showing that any elimination of parking spaces does not put the property out of compliance with City Off-Street Parking Requirements.

2. A description of the proposed location of the vending business and the length of time during which it is proposed that the business shall be conducted.

3. A brief description of the nature, character and quality of the food, beverages, goods or merchandise to be sold.

4. The following may constitute grounds for denial of a permit to operate:

a. The vending operation or activity as proposed by the applicant does not comply with all applicable laws including, but not limited to, the applicable building, zoning, housing, fire, safety, and health regulations.

b. Failure to obtain clearance from the Stanislaus County Environmental Health Departments.

c. All Use Permits will be subject to periodic review as determined by the Public Services Director.

§ 36-29.5 Development Standards.

[Added 8-2-2021 by Ord. No. 1276]

The following development standards shall apply to Mobile Food Vendors requesting approval of a Conditional Use Permit from the City of Oakdale:

1. Prior to the issuance of a Business License, the Mobile Food Vendor shall provide to the City Public Services Department a copy of the Stanislaus County Environmental Health Permit.

2. On-site restroom facilities shall be provided by an adjacent use to the Mobile Food Vendor location. Temporary restroom facilities such as portable restrooms shall be prohibited.

3. The Mobile Food Vendor shall not obstruct vehicular traffic, bicycle traffic, sidewalk pedestrian traffic, or accessibility to vehicles parked adjacent to the curb, and shall not create public health or safety hazards.

4. No more than one sign is permitted. The sign shall not exceed 10 square feet and be affixed to the Mobile Food Vendor vehicle.

5. The Mobile Food Vendor shall maintain the area in which vending activities occur in a clean, safe, sanitary, and dust-controlled condition. The Mobile Food Vendor shall remove any and all evidence of vending and leave the site in a clean state at the close of each business day.

6. Signage shall be provided that prohibits loitering.

7. Mobile Food Vendor permits and licenses shall be prominently displayed on the vehicle for vending.

8. Restaurant Spacing for Food Vendors.

a. Mobile Food Vendors shall operate within 75 feet of the main public entrance of the partnering restaurant, during the restaurant's normal business hours, with the following exceptions:

(1) Mobile Food Vendors operating as part of a City-approved special event.

(2) The mobile food vendor has written permission of the business and/or restaurant owner to operate adjacent to the existing business.

§ 36-29.6 Operation of Mobile Food Vendors in the Public Right-of-Way — Major Use Permit Required.

[Added 8-2-2021 by Ord. No. 1276]

It shall be unlawful to operate a mobile food vendor in public right-of-way unless a Major Use Permit has been obtained pursuant to Sections 36-20.2 through 36-20.4 of the Municipal Code. In addition to the application requirements mentioned for Mobile Food Vendors on private property a Mobile Food Vendor located on public property will be subject to the following additional development standards:

1. Liability Insurance. During the term of a mobile food vendor permit operating in the public right-of-way the applicant shall maintain in full force at no cost to the City a comprehensive auto and general liability insurance policy:

a. In an amount not less than $1,000,000 single limit per occurrence/$2,000,000 aggregate.

b. Issued by an admitted insurer or insurers as defined by the California Insurance Code.

c. Providing that the City, its officers, employees and agents are to be named as additional insured under the policy.

d. Stipulating that the policy will operate as primary insurance and that no other insurance effected by the city or other named insured will be called on to contribute to a loss covered thereunder.

e. Providing that no cancellation, change in coverage or expiration by the insurance company or the insured shall occur during the term of the mobile food vendor permit, without 30 days written notice to the Director prior to the effective date of such cancellation or change in coverage.

f. In the event of a cancellation, expiration, or change of insurance coverage resulting in noncompliance with subsection a of this section, the vendor shall notify the City of the cancellation, expiration, or change within three business days after its effective date by submitting a written notice to the Director. The giving of notice as provided herein shall not stay the automatic suspension of the permit.

g. It is unlawful for any person to operate a food vending vehicle without insurance coverage in effect as required by this subsection.

h. Indemnify and Hold Harmless. The Mobile Food Vendor and/or vehicle owner(s) receiving approval to operate in public right-of-way shall defend, indemnify and hold harmless the City, its officers, employees and agents from and against all actions, losses, damages, liability, costs and expenses of every type and description, including, but not limited to, attorney fees, to which any or all of them may be subjected by reason of, or resulting from, directly or indirectly, in whole or in part, the acts or omissions of the applicant or the applicant's agents, officers or employees, directly or indirectly arising from the food vending vehicle operation.

2. The Mobile Food Vendor must comply with all City, state, and federal laws. While operating in the public right-of-way, mobile vendors shall follow all applicable traffic laws and parking regulations, including, time limits, and no-parking zones.

§ 36-29.7 Operation of Sidewalk Mobile Food Vendors - Temporary Use Permit Required.

[Added 8-2-2021 by Ord. No. 1276]

It is unlawful for any mobile food vendor to operate unless the mobile food vendor has met the following conditions.

1. Apply for and obtain an Annual Temporary Use Permit from the City in accordance with Sections 36-18.6 of the Municipal Code. Submittal requirements shall include the following:

a. Completed City of Oakdale Temporary Use Permit Application Form.

b. Proof of current vehicle registration and a copy of an applicable vehicle insurance policy.

c. Applicable application fees.

d. Provide the City a copy of the certification of completion of a County-approved food handler's course and copies of all required approvals from the County's Food Safety Program.

e. Four photographs (showing different exterior views) of each pushcart.

f. Provide the Director a copy of a valid Mobile Food Permit issued by the Stanislaus County Department of Environmental Health.

g. A site plan illustrating the location of all existing buildings, structures, driveways, parking spaces, and improvements, and the proposed location or areas where the mobile food vending will occur, parking areas, seating areas, structures and improvements related to the vending activity, will be located upon the site.

2. A description of the proposed location of the vending business and the length of time during which it is proposed that the business shall be conducted.

a. In areas not zoned exclusively for residential use, all sidewalk vendors are prohibited from conducting sidewalk vending activities between the hours of 10:00 p.m. and 7:00 a.m. daily.

b. In areas zoned exclusively for residential use, roaming sidewalk vendors are prohibited from conducting sidewalk vending activities between the hours of 6:00 p.m. and 9:00 a.m. daily.

3. A brief description of the nature, character and quality of the food, beverages or goods to be sold.

a. Sidewalk vendors shall not engage in any of the following activities;

(1) Renting merchandise to customers;

(2) Displaying merchandise or food that is not available for immediate sale;

(3) Selling of gun, adult-oriented material, cannabis, alcohol, tobacco, or electronic cigarette products;

(4) Offering services such as fortune-telling, massage, and tattoos

4. Sidewalk Vendors shall not exceed a total length of six feet, a total width of four feet, or a total height, including a roof, umbrella, or awning of eight feet.

5. Sidewalk Vendors shall not impede or obstruct ingress to or egress from any private property or any structure, parking space or loading facility.

6. Vending shall not cause vehicles to stop in traffic lanes or causing person to stand in traffic lanes or parking spaces.

7. Stationary sidewalk vending is prohibited in the following areas:

a. Any residential zone in the City.

b. On any private property without the express written consent of the owner or lessees of the property.

c. On any designated emergency vehicle access way.

d. Within 12 inches of any curb face on all roads.

e. Within 15 feet of any entrance or exit to a building, structure or facility.

f. Within 50 feet of another sidewalk vendor;

g. Within 25 feet of a:

(1) Fire hydrant.

(2) Curb which has been designated as yellow or red zone, or a bus zone.

(3) Trash or recycling containers, bike racks, benches, bus stops, or similar public use items.

h. On any sidewalk where vending equipment and queuing patrons would restrict access requirements under the Americans with Disabilities Act.

i. Within 200 feet of a permitted farmer's market or special event during the operating hours of that farmers market or special event

8. The following may constitute grounds for denial of a permit to operate:

a. The vending operation or activity as proposed by the applicant does not comply with all applicable laws including, but not limited to, the applicable building, zoning, housing, fire, safety, and health regulations.

b. Failure to obtain clearance from the Stanislaus County Environmental Health Departments.

§ 36-29.8 Exemptions.

[Added 8-2-2021 by Ord. No. 1276]

The following are exempt from the requirements of this chapter as specified below, but must satisfy all other applicable permit requirements (e.g. business license, county health permits, etc.). Mobile food vendors are exempt from the requirements of this chapter when operated in the following manner:

1. The vendor is authorized to operate in conjunction with a City approved special event.

2. The vendor is hired to serve a private party with no retail sales to the general public.

3. The vendor is operating in connection with the operations of a permitted farmer's market.

§ 36-29.9 Suspension or Revocation of License.

[Added 8-2-2021 by Ord. No. 1276]

1. Any license issued under this chapter may be suspended or revoked for any of the following reasons:

a. Fraud or misrepresentation of the application for the license.

b. Fraud or misrepresentation of the course of conducting the business or vending.

c. Conducting the business of vending, contrary to the conditions of the license.

d. Conducting the business of vending in such a manner as to create a public nuisance or constitute a danger to the public health, safety and welfare.

2. On suspension or revocation, the City shall deliver written notice to the license holder stating the action taken and the reason supporting such action. The written notice shall be delivered to the license holder's place of business or mailed to the license holder's last known address.

§ 36-30 Right-To-Farm.

§ 36-30.010 Policy Statement.

[Ord. No. 1022, § 5, 1995.]

This Section is intended to reduce the occurrence of conflicts between nonagricultural and agricultural land uses within the City.

A. It is the declared policy of the City to preserve, protect and encourage the development and improvement of agricultural lands in the City's areas for the production of food and other agricultural products. The City recognizes that when the City's nonagricultural land uses extend into agricultural areas, agricultural operations can become the subject of nuisance suits. As a result, agricultural operators are sometimes forced to cease or curtail their operations resulting in premature conversion of the agricultural land. Others may be discouraged from making investments in agricultural improvements to the detriment of the economic viability of both the City's and County's agricultural industry as a whole. It is the purpose of this section to avoid the preventive loss or conversion of agricultural resources limiting the circumstances under which agricultural operations may be deemed to constitute a nuisance. It is the further intent of this section to provide the residents of this City with proper notification of the City's recognition and support of the right to farm agricultural land both within and adjacent to the City.

B. An additional purpose of this section is to promote a good neighbor policy by advising purchasers and users of property adjacent to, or near agricultural operations of the inherent potential problems associated with such purchase or residence. Such concerns may include, but are not limited to, the noises, odors, dust, chemicals, smoke and hours of operation that may accompany agricultural operations. It is intended that, through mandatory disclosures, purchasers and users will better understand the impact and be prepared to accept the impact of living near agricultural operations and be prepared to accept attendant conditions as the natural result of living in or near rural areas.

§ 36-30.020 Definitions.

[Ord. No. 1022, § 5, 1995.]

A. AGRICULTURAL LAND — Shall mean all that real property within the boundaries of the City of Oakdale or outside it within the General Plan's twenty (20) year growth boundary identified as Important Farmland on the State Important Farmland Map.

B. AGRICULTURAL OPERATION — Shall mean and include, but not be limited to, the cultivation and tillage of the soil; dairying; the production, irrigation, frost protection, cultivation, growing, harvesting and processing of any agricultural commodity, including viticulture, horticulture, timber or apiculture; the raising of livestock, fur bearing animals, fish or poultry; and any commercial agricultural practices performed as incident to, or in conjunction with such operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market.

C. AGENT — Shall mean one who's authorized by law to act in that capacity for that type of property, and is licensed as a real estate broker under Chapter 3 of Part 1 of Division 4 of the Business and Professions Code or is a licensee, as defined in Section 18006 of the Health and Safety Code.

D. BUYER — Includes any transferee.

E. LISTING AGENT — Shall mean one who has obtained a listing of property of the kind in respect of which he or she is authorized by law to act as an agent for compensation.

F. PROPERTY — Shall mean real property.

G. SELL AND SALE — Shall mean any transfer of fee title.

H. SELLING AGENT — Shall mean an agent who acts in cooperation with a listing agent and who sells, or finds and obtains a buyer for, the property.

I. SOLD — Includes an exchange. A property is sold when a legally binding commitment to see the property comes into existence.

§ 36-30.030 Delivery of Disclosure Statement by Transferor.

[Ord. No. 1022, § 5, 1995.]

The transferor of any property located in the City shall deliver the disclosure statement required by this chapter to the prospective transferee as follows:

A. In the case of a sale, as soon as practical before transfer of title.

B. In case of transfer by real property sales contract, as defined in Section 2985 of the Civil Code, as soon as practical before execution of the contract. For the purpose of this subsection "execution" means the making or acceptance of an offer. With respect to any transfer subject to Subsection A or B, the transferor shall indicate compliance with this chapter either on the receipt for deposit, the real property sales contract, or any addendum attached thereto or on a separate document.

§ 36-30.040 Disclosure Statement.

[Ord. No. 1022, § 5, 1995.]

This disclosure required by this section is set forth herein, and shall be made on a copy of the following disclosure form:

Real Estate Transfer Disclosure Statement.

A. Pursuant to Section 1102.6a of the California Civil Code, it is intended by § 36.30 of this chapter to require disclosures in addition to those disclosures required by Section 1102.6 of the California Civil Code.

B. Upon any transfer of real property by sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, or transfer of residential stock cooperative, improved with or consisting of not less than one (1) nor more than four (4) dwelling units, the transferor shall require that the disclosure statement set forth in Subsection C shall be signed by the purchaser or lessee.

C. The disclosure required by Subsection B shall contain, and be in the form of, the following:

REAL ESTATE TRANSFER DISCLOSURE STATEMENT

THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY LOCATED IN THE CITY OF OAKDALE, COUNTY OF STANISLAUS, STATE OF CALIFORNIA, DESCRIBED AS ___________________________________________. THIS DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH ORDINANCE NUMBER ___________ OF THE CITY CODE AS OF__________________________________. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR ANY AGENT(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN.

I SELLERS INFORMATION
The seller discloses the following information with the knowledge that even though this is not a warranty, prospective buyers may rely upon this information in deciding whether and, on what terms to purchase the subject property. Seller hereby authorizes and agent(s) representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER AS REQUIRED BY THE CITY OF OAKDALE AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER.
THE CITY OF OAKDALE PERMITS OPERATION OF PROPERLY CONDUCTED AGRICULTURAL OPERATIONS WITHIN THE CITY. If your property is adjacent to or near property used for agricultural operations or on agricultural lands, you may be subject to inconveniences or discomforts arising from such operations, including but not limited to noise, odors, fumes, dust, the operation of machinery of any kind during any twenty-four-hour period (including aircraft), the storage and disposal of manure, and the application of spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides. The City of Oakdale has determined that inconveniences or discomforts associated with such agricultural operations shall not be considered to be a nuisance if such operations are consistent with accepted customs and standards. The City of Oakdale has established a grievance committee to assist in the resolution of any disputes which might arise between residents of this City regarding agricultural operations. If you have any questions concerning this policy or the grievance committee, please contact the City of Oakdale Community Development Department.
Seller certifies that the information herein is true and correct to the best of Seller's knowledge as of the date signed by the Seller.
Seller	Date
Seller	Date

II
BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN BUYER(S) AND SELLER(S) WITH RESPECT TO ANY ADVICE/INSPECTIONS/DEFECTS.
I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT.
Seller	Date	Buyer	Date
Seller	Date	Buyer	Date
Agent (Broker) Representing
Seller	By (Associate Licensee or Broker)		Date
Agent (Broker) Obtaining the Offer
Offer	By (Associate Licensee or Broker)		Date
A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.

D. Forms for the disclosure statement set forth in Subsection C shall be printed and made available to property owners and real estate agents by the City of Oakdale Community Development Department.

§ 36-30.050 Refusal to Sign Disclosure Statement.

[Ord. No. 1022, § 5, 1995.]

If a buyer refuses to sign the disclosure statement set forth in § 39-30.040, the transferor may comply with the requirements of this section by delivering that statement to the buyer as provided in § 36-30.030 and affixing and signing the following declaration to the statement:

I (Insert name) have delivered a copy of the foregoing disclosure statement as required by law to (insert Buyer's name) who has refused to sign.

I declare the foregoing to be true under penalty of perjury.

Date:

Sign

§ 36-30.060 Disclosure Statement–Building Permits.

[Ord. No. 1022, § 5, 1995.]

Prior to issuance of a City building permit for construction of a residential building the owner of the property upon which the building is to be constructed shall sign, date and file with the City building department the disclosure statement set forth below.

DISCLOSURE STATEMENT — BUILDING PERMIT
The City of Oakdale permits operation of properly conducted agricultural operations within the City limits, including those that utilize chemical fertilizers and pesticides. YOU ARE HEREBY NOTIFIED THAT THE PROPERTY YOU ARE PURCHASING MAY BE LOCATED CLOSE TO AGRICULTURAL LANDS AND OPERATIONS. YOU MAY BE SUBJECT TO INCONVENIENCE OR DISCOMFORT ARISING FROM THE LAWFUL AND PROPER USE OF AGRICULTURAL CHEMICALS AND PESTICIDES AND FROM OTHER AGRICULTURAL ACTIVITIES, INCLUDING LIMITATION, CULTIVATION, PLOWING, SPRAYING, IRRIGATION, PRUNING, HARVESTING, BURNING OF AGRICULTURAL WASTE PRODUCTS, PROTECTION OF CROPS AND ANIMALS FROM DEPREDATION, AND OTHER ACTIVITIES WHICH OCCASIONALLY GENERATE DUST, SMOKE, NOISE, AND ODOR. Consequently, depending on the location of your property, it may be necessary that you be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in an agriculturally active region.
I declare that I have read and understand the foregoing disclosure.
Date:	Sign Print Name:
The City of Oakdale has established a grievance committee to assist in the resolution of any disputes which might arise between residents of this City regarding agricultural operations. If you have any questions concerning this policy or the grievance committee, please contact the City of Oakdale Community Development Department.

§ 36-30.070 Right-To-Farm Notice.

[Ord. No. 1022, § 5, 1995.]

A. To provide all property owners with constructive notice of the City of Oakdale's right-to-farm policy, this section (Ordinance No. 1022) shall be recorded with the Clerk-Recorder of the County.

B. For all discretionary approvals or parcel maps or subdivision maps involving agricultural land, or real property located adjacent to agricultural land, the City of Oakdale Community Development Department shall include as a condition of approval that the final recorded map shall contain the following statement:

C. Persons purchasing lots within the boundaries of this approved map should be prepared to accept the inconveniences associated with agricultural operations, such as noise, odors, flies, dust or fumes. The City of Oakdale has determined that such inconveniences shall not be considered to be a nuisance if agricultural operations are consistent with accepted customs and standards.

D. The City of Oakdale Community Development Department shall be responsible for the printing of "Right-to-Farm" set forth herein.

§ 36-30.080 No Limitation on Other Disclosure Obligations.

[Ord. No. 1022, § 5, 1995.]

The specification of items of disclosure in this section does not limit or abridge any obligation for disclosure created by any other provision of law or which may exist in order to avoid fraud, misrepresentation, or deceit in the sale.

§ 36-30.090 Delivery of Disclosure Statement.

[Ord. No. 1022, § 5, 1995.]

Delivery of the disclosure statement required by § 36-30.030 shall be by personal delivery or certified mail return receipt requested by the buyer.

§ 36-30.100 Penalty for Violation.

[Ord. No. 1022, § 5, 1995.]

Failure to comply with any provision of this chapter shall not prevent the recording of any document, nor shall it affect title to real property or any mortgage or deed of trust made in good faith or for value. However, any person who violates any provision of this chapter is guilty of an infraction punishable by a fine not exceeding two hundred fifty ($250.00) dollars. This Section is in no way intended to limit damages that may be awarded in nuisance suits.

§ 36-30.110 Does Not Abridge State Law.

[Ord. No. 1022, § 5,1995.]

Nothing contained in this chapter is to be construed as modifying State law as set out in the California State Civil Code, Health and Safety Code, Fish and Game, Food and Agricultural Code, Division 7 of the Water Code, or any other applicable provision of state law relating to nuisances; rather it is only to be utilized in the interpretation and enforcement of this code and City regulations.

§ 36-30.120 Separability.

[Ord. No. 1022, § 5, 1995.]

If any section, Subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of the ordinance.

§ 36-30.130 Resolution of Disputes.

[Ord. No. 1022, § 5, 1995.]

A. Should any controversy arise regarding any inconveniences or discomforts associated with agricultural operations, the parties may submit the controversy to a grievance committee as set forth below in an attempt to resolve the matter, prior to the filing of any court action.

B. There is hereby established the City of Oakdale Agricultural Grievance Committee, which shall arbitrate and mediate disputes involving agricultural operations and issue advisory opinions on whether agricultural operations are conducted in a manner consistent with proper and accepted customs and standards as established by similar agricultural operations in the same locality.

C. The City of Oakdale Planning Commission shall serve as the Agricultural Grievance Committee as the need arises. Community Development Department staff shall prepare staff reports and maintain minutes of each meeting of the Grievance Committee. Members of the Grievance Committee shall receive their regular compensation as members of the Planning Commission for carrying out these duties.

D. The Stanislaus County Agricultural Commissioner, farm advisors from the University of California Cooperative Extension of Stanislaus County, and staff from the Stanislaus County Department of Environmental Resources may serve as technical advisors to the Grievance Committee as the need arises.

E. Any controversy between the parties may be submitted in writing to the Grievance Committee within thirty (30) days of the date of the occurrence of the particular activity giving rise to the controversy or of the date a party became aware of the occurrence.

F. Thereafter the Grievance Committee may investigate the facts of the controversy but must, within forty-five (45) days, hold a meeting to consider the merits of the matter and within twenty (20) days of the meeting render a written decision to the parties. At the time of the meeting, both parties shall have an opportunity to present what each considers to be pertinent facts. The decision of the Grievance Committee is final and shall not be appealed to the City Council.

G. The effectiveness of the Grievance Committee as a forum for resolution of disputes is dependent upon the willingness of both parties to voluntarily submit the dispute to arbitration and their agreement to abide by the Grievance Committee's decision. Full discussion and complete presentation of all pertinent facts concerning the dispute is necessary to eliminate any misunderstandings. The parties are encouraged to cooperate in the exchange of pertinent information concerning the controversy.

H. Any costs associated with the functioning of the Grievance Committee process, including costs of investigation, shall be borne by the losing party or in such proportion as the Grievance Committee shall deem appropriate. The City Council may, by resolution, prescribe fees.

§ 36-31 200-Year Flood Protection.

§ 36-31.10 Intent.

[Ord. No. 1245-16.]

This section implements the requirements of Senate Bill 5 (2007) and related legislation that prohibit approval of urban development in urban and urbanizing areas that are exposed to 200-year flooding risk unless certain findings are made. These requirements are established in the California Government Code at Sections 65865.5, 65962 and 66474.5, as amended.

§ 36-31.20 Definitions.

[Ord. No. 1245-16.]

As used in this section:

A. 200-YEAR FREQUENCY FLOODING — The level of flooding that has a 1-in-200 chance of occurring in any given year using criteria consistent with, or developed by, the California Department of Water Resources.

B. 200-YEAR FLOODPLAIN MAP — Map approved by the City Engineer for urban and urbanizing areas that depicts geographic areas that may be exposed to 200-year frequency flooding, and, if available, the depth of flooding during a 200-year flooding event.

C. ADEQUATE PROGRESS — Defined in California Government Code Section 65007.

D. NEW DEVELOPMENT — Defined as:

1. A development agreement, or

2. A tentative subdivision map, or a parcel map for which a tentative map was not required, or

3. A discretionary permit or other discretionary entitlement that would result in the construction of a new building or construction that would result in an increase in allowed occupancy for an existing building, or

4. A ministerial permit that would result in the construction of a new residence.

E. FLOOD HAZARD ZONE — An area subject to flooding that is delineated as either a special hazard are or an area of moderate or minimal hazard on an official flood insurance rate map issued by the Federal Emergency Management Agency (FEMA), as also defined in § 36-4.5.

F. URBAN AREAS AND URBANIZING AREAS — An urban area is a developed area in which there are ten thousand (10,000) residents or more (California Government Code Section 65007(I)). An urbanizing area is a developed area or an area outside a developed area that is planned or anticipated to have ten thousand (10,000) residents or more within the next ten (10) years (California Government Code Section 65007(m)).

G. URBAN LEVEL OF FLOOD PROTECTION (ULOP) — The level of protection that is necessary to withstand 200-year frequency flooding. ULOP shall not mean shallow flooding or flooding from local drainage that meets the criteria of the national Federal Emergency Management Agency standard of flood protection (Government Code Section 65007).

§ 36-31.30 200-Year Flood Protection Requirements for New Development.

[Ord. No. 1245-16.]

After July 2, 2016, unless that date is amended by the State Legislature, new development shall not be approved where 200-year flooding, as shown on a 200-year floodplain map, will exceed three (3) feet in depth, or in flood hazard zones where 200-year floodplain maps have not been approved by the City Engineer, unless the approval authority determines based on substantial evidence in the record that:

A. The facilities of the State Plan of Flood Control or other flood management facilities protect the new development site to the Urban Level of Flood Protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in non-urbanized areas; or

B. Conditions imposed on the new development will protect the property to the Urban Level of Flood Protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in non-urbanizing areas; or

C. The local flood management agency has made adequate progress on the construction of a flood protection system that will result in flood protection equal to or greater than the Urban Level of Flood Protection in urban or urbanizing areas, or the national Federal Emergency Management Agency standard of flood protection in non-urbanizing areas, for a new development site located within a flood hazard zone intended to be protected by the system.

D. The new development site located in an undetermined risk area has met the urban level of flood protection based on substantial evidence in the record.