ADDENDUM TO MANTECA ZONING CODE PUBLIC DRAFT DATED 4-29-11 1| Page Staff is recommending the following amendments to the Public Draft Zoning Code Dated April 29, 2011. These amendments are shown in track changes to excerpts from relevant sections of the Public Draft Zoning Code. ARTICLE I ZONING CODE ESTABLISHMENT, ADMINISTRATION, AND ENTITLEMENTS Chapter 17.10 Entitlements Section 17.10.070 Minor Use Permit B. Applicability. A Minor Use Permit is required for those land uses shown with a “MUP” in Table 17.220.0130-1 (Allowed Uses and Required Entitlements for Manteca’s Base Zoning Districts). Chapter 17.14 Enforcement, Legal Procedure, and Penalties Sections: 17.14.010 Enforcement Authority and Procedures ................................................................. 17.14-1 17.14.010 Purpose and Intent...................................................................................................... 17.14-1 17.14.020 Official Duty to Enforce .............................................................................................. 17.14-1 17.14.030 Authorization ................................................................................................................ 17.14-1 17.14.040 Violations, Abatement, Penalties, and Remedies ................................................ 17.14-2 17.14.050 Property Management and Maintenance............................................................ 17.14-7 17.14.060 Inspections .................................................................................................................... 17.14-8 17.14.070 Permit Revocation or Modification.......................................................................... 17.14-8 17.14.080 Enforcement Action.................................................................................................... 17.14-9 17.14.090 Recovery of Costs and Additional Fees................................................................ 17.14-10 Draft Zoning Code Changes: Updated language throughout Chapter to facilitate enforcement procedures.This Chapter has been modified to reference recently adopted enforcement provisions in Municipal Code Chapter 1.10 (Administrative Enforcement Provisions). 17.14.010 Purpose and IntentEnforcement Authority and Procedures Authority and procedures for enforcement of the Zoning Code shall be the same as the enforcement provisions for the entire Municipal Code as established in Municipal Code Chapter 1.10 (Administrative Enforcement Provisions). This Chapter identifies enforcement authority and establishes provisions which are intended to ensure compliance with the requirements of this Zoning Ordinance and any entitlements granted pursuant thereto, in order to promote the City’s planning efforts and for the protection of the public health, safety, and welfare of the city.Enforcement provisions therein include purpose, definitions, authority, fees, and procedures for violations, public nuisance, citations, abatement, penalties, and hearings.
26
Embed
ARTICLE I ZONING CODE ESTABLISHMENT, ADMINISTRATION, …
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Staff Report attachment 2 Final Addendum to Zoning Code1 | P a g
e
Staff is recommending the following amendments to the Public Draft
Zoning Code Dated April 29, 2011. These amendments are shown in
track changes to excerpts from relevant sections of the Public
Draft Zoning Code.
ARTICLE I ZONING CODE ESTABLISHMENT, ADMINISTRATION, AND
ENTITLEMENTS
Chapter 17.10 Entitlements
Section 17.10.070 Minor Use Permit
B. Applicability. A Minor Use Permit is required for those land
uses shown with a “MUP” in Table 17.220.0130-1 (Allowed Uses and
Required Entitlements for Manteca’s Base Zoning Districts).
Chapter 17.14 Enforcement, Legal Procedure, and Penalties
Sections:
17.14.010 Purpose and IntentEnforcement Authority and
Procedures
Authority and procedures for enforcement of the Zoning Code shall
be the same as the enforcement provisions for the entire Municipal
Code as established in Municipal Code Chapter 1.10 (Administrative
Enforcement Provisions). This Chapter identifies enforcement
authority and establishes provisions which are intended to ensure
compliance with the requirements of this Zoning Ordinance and any
entitlements granted pursuant thereto, in order to promote the
City’s planning efforts and for the protection of the public
health, safety, and welfare of the city.Enforcement provisions
therein include purpose, definitions, authority, fees, and
procedures for violations, public nuisance, citations, abatement,
penalties, and hearings.
ADDENDUM TO MANTECA ZONING CODE PUBLIC DRAFT DATED 4-29-11
2 | P a g e
17.14.020 Official Duty to Enforce
A. Enforcement Authority. Officials of the City charged by the law
with the general duty of enforcing City ordinances shall enforce
the provisions of this Zoning Ordinance.
B. Duties. It shall be the duty of the Enforcement Authority to
enforce this Title and all its provisions. The Enforcement
Authority shall investigate all matters of Zoning Ordinance
violations and, if a violation exists, the City shall take
enforcement action, including the issuance of citations for any
violations of the Zoning Ordinance pertaining to the use of any
land, sign, or premise and the addition, alteration, moving,
construction, conversion, erection, relocation, reconstruction, or
use of any structure pursuant this Title.
17.14.030 Authorization
All departments, officials, and public employees of the City which
are vested with the duty or authority to issue permits or licenses
shall conform to the provisions of this Title and shall issue no
such permit or license for uses, buildings, or purposes where they
would be in conflict with the provisions of this Title.
A. Permits for uses or structures, certificates, or licenses that
would be in conflict with the provisions of this Zoning Ordinance
shall not be issued.
B. Any permit issued in conflict with the provisions of this Zoning
Ordinance, intentionally or otherwise, shall be deemed null and
void.
C. Any action taken by an official or public employee of the City
in conflict with the provisions of this Zoning Ordinance shall be
deemed null and void.
17.14.040 Violations, Abatement, Penalties, and Remedies
A. Public Nuisance. Any structure or sign erected, moved, altered,
enlarged, or maintained and any use of a site contrary to the
provisions of this Title may be and is declared to be unlawful and
a public nuisance, and the City Attorney may immediately institute
necessary legal proceedings for the abatement, removal, and
enjoinment thereof in the manner provided by law, may take such
other steps as may be necessary to accomplish these ends, and may
apply to a court of competent jurisdiction to grant such relief as
will remove or abate the structure, sign, or use and restrain or
enjoin the person, firm, corporation, or organization from
erecting, moving, altering, or enlarging the structure or sign or
using the site contrary to the provisions of this Title.
B. Unlawful Property Nuisance. It shall be unlawful for any person
owning, leasing, renting, occupying, or having charge or possession
of any residential or nonresidential property in the city to
maintain or to allow to be maintained such property in such manner
that any of the following conditions are found to exist thereon,
except as may be allowed by any other provision of law, including
provisions of City ordinances:
1. The accumulation of dirt, litter, or debris.
ADDENDUM TO MANTECA ZONING CODE PUBLIC DRAFT DATED 4-29-11
3 | P a g e
2. Clotheslines or clothes hanging in front yards (applied to
residential property only).
3. Boxes, bins, containers, lumber, junk, trash, salvage materials,
or other similar materials.
4. Attractive nuisances dangerous to children, including, but not
limited to, abandoned, broken, or neglected equipment, machinery,
refrigerators and freezers, hazardous pools, ponds, and
excavations.
5. Broken or discarded furniture, household equipment and
furnishings, or shopping carts.
6. Overgrown vegetation likely to harbor rats, vermin, and other
nuisances dangerous to public health, safety, and welfare or
obstructing a necessary view of drivers on public streets or
private driveways.
7. Weeds or dead, decayed, diseased, or hazardous trees and other
vegetation constituting an unsightly appearance or dangerous to
public health, safety, and welfare.
8. Graffiti on the exterior of any building, fence, or other
structure.
9. Wrecked or inoperable vehicles, vehicle parts, or other articles
or personal property that are abandoned or left in a state of
partial construction or repair.
10. Mobile homes, recreational vehicles, utility trailers,
unmounted camper shells, boats, cars, trucks, or other vehicles
that are parked or stored in violation of Chapter 17.52 (Parking)
of this Title.
11. Buildings that are abandoned, boarded up, partially destroyed,
or left in a state of partial construction and such buildings that
are unpainted or where the paint on the building exterior is mostly
worn off.
B. Infractions. It is an infraction for any person to perform any
act forbidden or to fail to perform any act required by the Zoning
Ordinance. Penalties for infractions shall be in compliance with
state law.
C. Stop Work Order. Any action in violation of this Zoning
Ordinance or any conditions imposed on a permit shall be subject to
the issuance of a Stop Work Order.
D. Notice of Abatement. Whenever the City Manager, Building
Official, or Community Development Director determines that any
property within the city is a nuisance, he or she shall give
written notice (“notice to abate”) to the owner of such property
stating the sections being violated. Such notice shall set forth a
reasonable time limit, in no event less than seven calendar days,
for correcting the violation(s) and may also set forth suggested
methods of correcting the same. Such notice shall be served upon
the owner in accordance with provisions of this Chapter.
E. Administrative Hearing for Abatement. In the event such owner
fails, neglects, or refuses to comply with the notice to abate, the
City Manager shall conduct an administrative hearing to ascertain
whether such violation constitutes a public nuisance.
ADDENDUM TO MANTECA ZONING CODE PUBLIC DRAFT DATED 4-29-11
4 | P a g e
F. Notice of Abatement Hearing. Notice of the abatement hearing
shall be served upon the owner not less than seven calendar days
before the time fixed for hearing. Notice of hearing shall be
served in person, by first class mail, or by certified mail to the
owner’s last known address. Service shall be deemed complete at the
time notice is personally served or deposited in the mail. Failure
of any person to receive notice shall not affect the validity of
any proceedings hereunder. The abatement hearing notice shall be
substantially in the format set forth as follows:
NOTICE OF ADMINISTRATIVE HEARING ON ABATEMENT OF NUISANCE
This is a notice of hearing before the City Manager (or his/her
designees) to ascertain whether certain property situated in the
City of Manteca, State of California, known and designated as
(street address) _______________, in said city, and more
particularly described as (assessor’s parcel number) __________
constitutes a public nuisance subject to abatement by the
rehabilitation of such property or by the repair or demolition of
buildings situated thereon. If said property, in whole or part, is
found to constitute a public nuisance as defined in this Chapter
and if the same is not promptly abated by the owner, such nuisance
may be abated by City authorities, in which case the cost of such
rehabilitation, repair, or demolition will be assessed upon such
property and such costs, together with interest thereon, will
constitute a lien upon such property until paid; in addition, you
may be cited for violation of the provisions of City ordinances and
subject to a fine.
Said alleged conditions consist of the following:
The method(s) of abatement are:
All persons having an interest in said matters may attend the
hearing, and their testimony and evidence will be heard and given
due consideration.
Dated this _____ day of __________, 20_____.
City Manager
Location of Hearing:
G. Administrative Abatement Hearing. At the time stated in the
notice, the City Manager shall hear and consider all relevant
evidence, objections, or protests and shall receive testimony under
oath relative to such alleged public nuisance and to proposed
rehabilitation, repair, removal, or demolition of such property.
The hearing may be continued from time to time.
If the City Manager finds that such public nuisance does exist and
that there is sufficient cause to rehabilitate, demolish, remove,
or repair the same, the City Manager shall prepare findings and an
order, which shall specify the nature of the nuisance, the
method(s) of abatement, and the time within which the work shall be
commenced and completed. The order shall include reference to the
right to appeal set forth in Subsection 17.14.040(I) (Abatement
Appeals). A copy of the findings and order shall be served on all
owners of the subject property in accordance with the provisions of
this Chapter. In addition, a copy of the findings and order shall
be forthwith conspicuously posted on or near the property.
H. Abatement Appeals
5 | P a g e
1. No appeal. In the absence of any appeal, the property shall be
rehabilitated, repaired, removed, or demolished in the manner and
means specifically set forth in said findings and order.
2. Appeal. The owner may appeal the City Manager’s findings and
order to the City Council by filing an appeal with the City Clerk
within ten calendar days of the date of service of the City
Manager’s decision. The appeal shall contain:
i. A specific identification of the subject property.
ii. The names and addresses of all appellants.
iii. A statement of appellant’s legal interest in the subject
property.
iv. A statement in ordinary and concise language of the specific
order or action protested and the ground for appeal, together with
all material facts in support thereof.
v. The date and signatures of all appellants.
vi. The verification of at least one appellant as to the truth of
the matters stated in the appeal.
As soon as practicable after receiving the appeal, the City Clerk
shall set a date for the City Council to hear the appeal which date
shall not be less than 7 calendar days nor more than 30 calendar
days from the date the appeal was filed. The City Clerk shall give
each appellant written notice of the time and the place of the
hearing at least five calendar days prior to the date of hearing,
either by causing a copy of such notice to be delivered to the
appellant personally or by mailing a copy thereof, postage prepaid,
addressed to the appellant at his address shown on the appeal.
Continuances of the hearing may be granted by the City Council on
the request of the owner for good cause shown, or on the City
Council’s own motion.
I. Abatement Appeal Decisions. Upon the conclusion of the hearing,
the City Council shall determine whether the property, or any part
thereof, as maintained, constitutes a public nuisance. If the City
Council so finds, the City Council shall adopt a resolution
declaring such property to be a public nuisance, setting forth its
findings, and ordering the abatement of the same by having such
property rehabilitated, repaired, removed, or demolished in the
manner and means specifically set forth in such resolution. The
resolution shall set forth the time within which such work shall be
completed by the owner, in no event less than 30 days. The decision
and order of the City Council shall be final.
J. Service of Order to Abate. A copy of the resolution of the City
Council ordering the abatement of the nuisance shall be served upon
the owner(s) of the property in accordance with the provisions of
this Chapter. Upon abatement in full by the owner, the proceedings
under this Chapter shall terminate.
K. Abatement Hearing Procedures. All hearings shall be recorded.
Hearings need not be conducted according to the technical rules of
evidence. Hearsay evidence may be
ADDENDUM TO MANTECA ZONING CODE PUBLIC DRAFT DATED 4-29-11
6 | P a g e
used for the purpose of supplementing or explaining any direct
evidence, but shall not be sufficient in itself to support a
finding unless it would be admissible over objection in civil
actions in courts of competent jurisdiction in this state. Any
relevant evidence shall be admitted if it is the type of evidence
on which reasonable persons are accustomed to rely in the conduct
of serious affairs, regardless of the existence of any common law
or statutory rule which might make improper the admission of such
evidence over objection in civil actions in courts of competent
jurisdiction in this state. Oral evidence shall be taken only on
oath or affirmation. Irrelevant and unduly repetitious evidence
shall be excluded.
L. Abatement by the City. If such nuisance is not abated as ordered
within the abatement period, the City Manager shall cause the same
to be abated by City employees or private contract. The cost,
including incidental expenses, of abating the nuisance shall be
billed to the owner and shall become due and payable 30 days
thereafter. The term “incidental expenses” shall include, but not
be limited to, personnel costs, both direct and indirect, including
attorney’s fees; costs incurred in documenting the nuisance; the
actual expenses and costs of the City in the preparation of
notices, specifications and contracts, and in inspecting the work;
and the costs of printing and mailing required under this
Section.
A person shall not obstruct, impede, or interfere with the City
Manager, or with any person who owns or holds any interest or
estate in any property in the performance of any necessary act,
preliminary to or incidental to, carrying out an abatement order
issued pursuant to this Section.
M. Abatement Limitations. Any action appealing the City Council’s
decision and order shall be commenced within 30 calendar days of
the date of service of the decision.
N. Demolition. No property shall be found to be a public nuisance
under this Chapter and ordered demolished unless the order is based
on competent sworn testimony and it is found that in fairness and
in justice there is no way other than demolition reasonably to
correct such nuisance. A copy of any order or resolution requiring
abatement by demolition shall be recorded with the County
Recorder.
O. Cost of Abatement. The City Manager shall keep an account of the
cost, including incidental expenses, of abating such nuisance on
each separate lot or parcel of land where the work is done by the
City and shall render an itemized report in writing to the City
Council showing the cost of abatement, including the
rehabilitation, demolition, or repair of said property, including
any salvage value relating thereto, provided that before such
report is submitted to the City Council, a copy of the same shall
be posted for at least five days upon or in front of such property,
together with a notice of the time when such report shall be heard
by the City Council for confirmation. A copy of such report and
notice shall be served upon the owners of such property in
accordance with the provisions of this Section at least five
calendar days prior to submitting the same to the City Council.
Proof of such posting and service shall be made by affidavit filed
with the City Clerk.
P. Assessment Lien. The total cost for abating such nuisance, as so
confirmed by the City Council, shall constitute a special
assessment against the respective lot or parcel of land to which is
relates, and upon recordation in the office of the County Recorder
of a notice of lien, as so made and confirmed, shall constitute a
lien on the property for the amount of such assessment.
ADDENDUM TO MANTECA ZONING CODE PUBLIC DRAFT DATED 4-29-11
7 | P a g e
After such confirmation and recordation, a certified copy of the
City Council’s decision shall be filed with the County
Auditor-Controller on or before August 1 of each year, whereupon it
shall be the duty of the Auditor-Controller to add the amounts of
the respective assessments to the next regular tax bills levied
against the respective lots and parcels of land for municipal
purposes, and thereafter the amounts shall be collected at the same
time and in the same manner as ordinary municipal taxes are
collected, and shall be subject to the same penalties and the same
procedure and sale in case of delinquency as provided for ordinary
municipal taxes. All laws applicable to the levy, collection, and
enforcement of municipal taxes shall be applicable to such special
assessment.
In the alternative, after such recordation, such lien may be
foreclosed by judicial or other sale in the manner and means
provided by law.
Such notice of lien for recordation shall be in form substantially
as follows:
NOTICE OF LIEN (Claim of the City of Manteca)
Pursuant to the authority vested by the provisions of Section _____
of Manteca Ordinance No. __________, the City Manager of the City
of Manteca did on or about the _____ day of __________, 20_____,
cause the property hereinafter described to be rehabilitated or the
building or structure on the property hereinafter described, to be
repaired or demolished in order to abate a public nuisance on said
real property; and the City Council of the City of Manteca did on
the _____ day of __________, 20_____, assess the cost of such
hereinafter described; and the same has not been paid nor any part
thereof; and the City of Manteca does hereby claim a lien on such
rehabilitation, repair, or demolition in the amount of said
assessment, to wit, the sum of $__________, and the same, shall be
a lien upon said real property until the same has been paid in full
and discharged of record.
The real property hereinabove mentioned, and upon which a lien is
claimed, is that certain parcel of land lying and being in the city
of Manteca, county of San Joaquin, state of California, and
particularly described as follows:
(description)
City Manager
Q. Remedies. All remedies provided for in this Chapter shall be
cumulative and not exclusive. Any person, firm, corporation, or
organization, whether acting as principal agent, employee, or
otherwise, violating or causing the violation of any provision of
this Title shall be guilty of a misdemeanor and upon conviction
thereof shall be punishable by a fine of not more than $1,000 and
by imprisonment for a term not exceeding six months, or by both a
fine and imprisonment. A person, firm, corporation, or organization
shall be deemed guilty of a separate offense for each day during
the portion of which a violation of this Title is committed,
continued, or permitted by the person, firm, corporation, or
organization and shall be punishable as provided in this
Chapter.
ADDENDUM TO MANTECA ZONING CODE PUBLIC DRAFT DATED 4-29-11
8 | P a g e
17.14.050 Property Management and Maintenance
All development standards shall be continuously met for every
project. If complaints are received regarding lack of maintenance
as it relates to the provisions of this Chapter, the following
process shall be followed:
A. Buildings and Structures. Each exterior of a building or other
structure must be kept in a good state of repair, and the exterior
finish must be clean and well maintained.
B. Site. The entire site, including paved, unpaved, and landscaped
areas, must be kept in a neat and orderly manner, free of junk,
debris, abandoned vehicles, weeds, loose trash, and other
litter.
17.14.060 Inspections
A. Pre-approval Inspections. Every applicant seeking a permit or
any other action in compliance with the Zoning Ordinance shall
allow the City officials handling the application access to any
premises or property which is the subject of the application,
provided that the right of entry shall be exercised only at
reasonable hours and that in no case shall any structure be entered
in the absence of the owner or tenant without the written order of
a court of competent jurisdiction.
B. Post-approval Inspections. If the permit or other action in
compliance with this Zoning Ordinance is approved, the owner or
applicant shall allow appropriate City officials access to the
premises in order to determine continued compliance with the
approved permit and/or any conditions of approval imposed on the
permit, provided that the right of entry shall be exercised only at
reasonable hours and that in no case shall any structure be entered
in the absence of the owner or tenant without the written order of
a court of competent jurisdiction.
17.14.070 Permit Revocation or Modification
This Section provides procedures for securing punitive revocation
or modification of previously approved land use permits or
entitlements.
A. Revocations. The City’s action to revoke an entitlement shall
have the effect of terminating the entitlement and denying the
privileges granted by the original approval.
B. Modifications. The City may choose to allow the modification of
the operational characteristics instead of revoking an entitlement.
These modifications may include, but are not limited to, operation
aspects related to buffers, duration of the entitlement, hours of
operation, landscaping, lighting, parking, performance guarantees,
property maintenance, signs, surfacing, and traffic
circulation.
C. Hearings and Notice. The appropriate Approving Authority shall
hold a public hearing to revoke or modify an application,
entitlement, or permit granted in compliance with the provisions of
this Zoning Ordinance. A public hearing shall be held in compliance
with Section 17.08.050 (Public Hearing and Public Notice). A
special notice shall be delivered in writing to the applicant
and/or owner of the property for which the permit was
granted.
ADDENDUM TO MANTECA ZONING CODE PUBLIC DRAFT DATED 4-29-11
9 | P a g e
D. Review Authority Action and Findings. A use permit or
entitlement may be revoked or modified by the Approving Authority
which originally approved the entitlement, or by the Community
Development Director in the case of a Conditional Use Permit, if
any of the following findings can be made:
1. Circumstances under which the entitlement or permit was granted
have been changed by the applicant to a degree that one or more of
the findings contained in the original permit can no longer be
met.
2. The entitlement or permit was issued, in whole or in part, on
the basis of a misrepresentation or omission of a material
statement in the application, or in the applicant’s testimony
presented during the public hearing, for the entitlement or
permit.
3. One or more of the conditions of the permit have not been
substantially fulfilled or have been violated.
4. The use or structure for which the permit was granted has ceased
to exist or has lost its legal nonconforming use status.
5. The improvement authorized in compliance with the permit is in
violation of any code, law, ordinance, regulation, or
statute.
6. The improvement/use allowed by the permit has become detrimental
to the public health, safety, or welfare or the manner of operation
constitutes or is creating a public nuisance.
17.14.080 Enforcement Action
This Section describes the procedures for initiating enforcement
action in cases where the Community Development Director has
determined that real property within the city is being used in
violation of Zoning Ordinance provisions.
A. Notice to Responsible Parties. The officials of the City charged
by the law with the general duty of enforcing City ordinances shall
provide the record owner of the subject site and any person in
possession or control of the site with a written notice of
violation, which shall include the following information:
7. A description of the violation and citations of applicable
Zoning Ordinance provisions being violated.
8. A time limit for correcting the violation.
9. A statement that the City intends to charge the property owner
for all administrative costs associated with the abatement of the
violation.
10. A statement that the property owner may request and be provided
a meeting with the Community Development Director to discuss
possible methods and time limits for the correction of the
violations.
R. Time Limit for Correction.
ADDENDUM TO MANTECA ZONING CODE PUBLIC DRAFT DATED 4-29-11
10 | P a g e
1. The notice of violation shall state that the violations shall be
corrected within 30 days from the date of the notice to avoid
further enforcement action by the City.
2. The 30-day time limit may be extended by the Community
Development Director upon determining that the responsible party
will likely correct the violations within a reasonable time
period.
3. The Community Development Director may also require through the
notice of violation that the correction occur within less than 30
days if the violation constitutes a hazard to public health or
safety.
S. Removal of Structure. The Building Official or the Community
Development Director may serve notice requiring the removal of any
structure or use in violation of this Title on the owner or their
authorized agent, on a tenant, or on an architect, builder,
contractor, or other person who commits or participates in any
violation. The Building Official or the Community Development
Director of the City may call upon the City Attorney to institute
necessary legal proceedings to enforce the provisions of this
Title, and the City Attorney is authorized to institute appropriate
actions to that end. The Community Development Director may call
upon the Chief of Police and his or her authorized agents to assist
in the enforcement of this Title.
T. Use of Other Enforcement Procedures. Additional enforcement
remedies available to the City may be employed by the Community
Development Director after or instead of the provisions of this
Section where the Community Development Director determines that
this Section would be ineffective in securing the correction of the
violation within a reasonable time.
17.14.090 Recovery of Costs and Additional Fees
A. Cost Recovery Where No Permit Is Required. The City shall be
reimbursed for administrative costs, including, but not limited to,
staff and City Attorney time expended on the enforcement of the
provisions of this Zoning Ordinance in cases where no permit is
required in order to correct a violation.
1. Record of cost. The officials of the City charged by the law
with the general duty of enforcing City ordinances shall maintain
records of all administrative costs incurred by responsible City
departments and associated with the processing of violations and
enforcement of this Zoning Ordinance and shall recover costs from
the property owner.
2. Notice. Upon investigation and a determination that a violation
of any of the provisions of the Zoning Ordinance is found to exist,
the officials of the City charged by the law with the general duty
of enforcing City ordinances shall notify the record owner or any
person having possession or control of the property by mail of the
existence of the violation and the Planning Department’s intent to
charge the property owner for all administrative costs associated
with enforcement.
3. Summary of costs. At the conclusion on the case, the officials
of the City charged by the law with the general duty of enforcing
City ordinances shall send a summary of costs associated with
enforcement to the owner and/or
ADDENDUM TO MANTECA ZONING CODE PUBLIC DRAFT DATED 4-29-11
11 | P a g e
persons having possession or control of the property by certified
and first class mail.
U. Actions that Require a Permit. Any person who alters or
establishes any land use or structure without first obtaining any
permit required by this Zoning Ordinance shall pay for the
additional permit processing fees as established by the City that
result from the action.
V.A. Inspection Fee. An inspection fee as established by the City
shall be imposed on each person who receives a notice of violation,
notice and order, or letter of correction of any provision of this
Zoning Ordinance, adopted Building Code, or state law. The fee may
be assessed for each inspection or reinspection conducted when the
particular violation is not fully abated or corrected as
directed.
ARTICLE II ZONING DISTRICTS, ALLOWED USES, AND DEVELOPMENT
STANDARDS
Chapter 17.22 Allowed Land Uses and Requirements
17.22.020 Allowed Uses and Required Entitlements
TABLE 17.22.010-1 ALLOWED USES AND REQUIRED ENTITLEMENTS FOR
MANTECA’S BASE ZONING DISTRICTS
Land Use/ Zoning District A R-
E
O S P PQ P
Agricultural and Animal-Related Uses Veterinary Facility7 N N N N N
A N C A C N N N N
Residential Care Facility N NC NC C C C N N N N N N N N
Residential Care Home AP AP AP AP AP AP N N N N N N N N
Auto and Vehicle Sales N N N N N C N NC M M N N N N
Business Support Services 11 N N N N N A A M A M N N N N
Medical Services, Extended Care
N N N CN CN C N N C N N N N N
Printing and Publishing N N N N N N A N C M A N N N
Notes:. 7. Where veterinary facilities include any outdoor uses,
such facilities shall maintain a minimum 150-foot minimum setback
from
any residential district, restaurant, or hotel or motel. However,
tThis minimum separation standard may be reduced where an applicant
produces a noise analysis by a qualified acoustical professional to
demonstrate that the proposed noise source will meet all of the
City’s adopted noise standards for nearby residences.
11. Businesses occupying more than 25,000 square feet shall require
approval of a Minor Use Permit to ensure that potential impacts
associated with he larger scale business (e.g., noise, odor) are
mitigated to a less than significant level.
ADDENDUM TO MANTECA ZONING CODE PUBLIC DRAFT DATED 4-29-11
12 | P a g e
Chapter 17.24 Allowed Use Definitions
17.24.020 Allowed Use Definitions
7. Business Support Services. Establishments, primarily within
buildings, providing other businesses with services such as
maintenance, repair and service, testing, rental, etc. Support
services include, but are not limited to:
a. Equipment repair services (except vehicle repair, see Vehicle
Services);
b. Commercial art and design (production);
c. Computer-related services (rental, repair);
d. Copying, quick printing, publishing and blueprinting services
(other than those defined as Printing and Publishing);
e. Equipment rental businesses within buildings (rental yards are
Storage, Yards);
f. Film processing laboratories;
g. Heavy equipment repair services where repair occurs on the
client site;
h. Janitorial services;
j. Mailbox services and other “heavy service” business
services;
k. Outdoor advertising services; and
l. Photocopying and photofinishing.
20. Offices, Business and Professional. This use listing includes
offices of administrative businesses providing direct services to
consumers (e.g., insurance companies, utility companies, management
consulting), banks and financial institutions, government agency
and service facilities (e.g., post office, civic center),
professional offices (e.g., accounting, attorneys, employment,
public relations), and offices engaged in the production of
intellectual property (e.g., advertising, architectural, computer
programming, photography studios). This use does not include
medical offices (see Medical Services, General), temporary offices,
or offices that are incidental and accessory to another business or
sales activity that is the primary use. Outdoor storage of
materials is prohibited.
G. Industrial, Manufacturing, and Processing Uses
6. Printing and Publishing. Establishments engaged in printing by
letterpress, lithography, gravure, screen, offset, or electrostatic
(xerographic) copying, and other establishments serving the
printing trade including bookbinding,
ADDENDUM TO MANTECA ZONING CODE PUBLIC DRAFT DATED 4-29-11
13 | P a g e
typesetting, engraving, photoengraving, and electrotyping. This use
also includes establishments that publish newspapers, books, and
periodicals, and establishments manufacturing business forms and
binding devices. Does not include “quick printing” services or
desktop publishing which are included in “Business Support
Services.”
17.26.020 Development Standards
Table 17.26.020-1 (Development Standards for City of Manteca Base
Zoning Districts) includes lot area, allowed density, building
setbacks, height, and lot coverage requirements for each of the
City’s Base Zoning Districts. Section 17.26.030 (Additional
Standards for Multi-Family Zoning Districts) establishes additional
development standards for multi-family zoning districts, and
Section 17.26.040 (Standards for Small-Lot Single-Family
Development) establishes additional standards for small-lot
single-family residential development. Additional site planning
requirements (e.g., landscaping, lighting) are listed in Article
III (Site Planning Standards). Development within the City of
Manteca is also subject to compliance with all adopted Uniform
Building and Fire codes. Zoning District names for the Zoning
District symbols used in the table are as follows:
A = Agricultural Zoning District R-E = Residential Estate Zoning
District R-1 = One-Family Dwelling Zoning District R-2 = Limited
Multiple-Family Dwelling Zoning District R-3 = Multiple-Family
Dwelling Zoning District CMU = Mixed Use Commercial Zoning District
BIP = Business Industrial Park Zoning District
NC = Neighborhood Commercial Zoning District GC = General
Commercial Zoning District M1 = Light Industrial Zoning District M2
= Heavy Industrial Zoning District OS = Open Space Zoning District
A = Park Zoning District PQP = Public/Quasi-Public Zoning
District
TABLE 17.26.020-1 DEVELOPMENT STANDARDS FOR MANTECA’S BASE ZONING
DISTRICTS
Developmen t Standard/
R- 2
R- 3
C M
Allowed Density
• Minimum Density (du/ac)
0 0.5 2.1 8.1 15.1 15.1 n/a n/a n/a n/a n/a n/a n/a n/a
• Maximum Density (du/ac)
2.0 2.0 8.0 15.0 25.0 25.0 n/a n/a n/a n/a n/a n/a n/a n/a
Setback (minimum distance between structure and property line in
feet) 2
• Front Yard 50 ft 20 ft 15 ft 0 ft3 25 ft3 0 ft3 25 ft3 0 sf
• Front Yard to Porch n/a 10 ft 10 ft n/a3 n/a3 n/a3 n/a3 n/a
• Side Yard 15 ft 5 ft 5 ft 0 ft3 No
min. 3
ADDENDUM TO MANTECA ZONING CODE PUBLIC DRAFT DATED 4-29-11
14 | P a g e
Developmen t Standard/
R- 2
R- 3
C M
M -2 O S A PQ P
• Street Side Yard 15 ft 10 ft 10 ft 0 ft3 25
ft3 0 ft3 10 ft3 0 sf
• Rear Yard 20 ft4 15 ft4 10 ft5 0 ft3
No min.
Building Height (maximum)
• Building Height 30 ft 35 ft 45 ft 35 ft 30 ft 35 ft No max. No
max.
Floor Area Ratio and Open Space (minimum per dwelling unit)
• Floor Area Ratio No max 1.0 0.6 0.5 No max.
• Open Space 35% of lot
40% of lot
30% of lot
400 sf30 %5
No min.
Notes: (1) See additional standards for small-lot single-family
development in Section 17.26.040. (2) Setbacks shall be the minimum
required under the City’s adopted Building Code. (3) When adjacent
to a residential district, all structures shall match the setbacks
of the adjacent residential district. (4) Garages attached to a
main building may encroach into the required rear yard by not more
than 15 feet if (a) it is less than 600 square feet in area; and
(2) it shares a common wall of 5 feet or more in length, or is
located less than 6 feet from the main building and is connected to
the main building by a roofed area (e.g., breezeway) a minimum of 5
feet in width. (5) Minimum 30% of multi-family projects shall be
designated for community open space and each unit shall include 400
sf of private open space as described in Section 17.26.030.
ADDENDUM TO MANTECA ZONING CODE PUBLIC DRAFT DATED 4-29-11
15 | P a g e
17.26.030 Additional Standards for Multi-Family Zoning
Districts
In addition to the development standards listed in Table
17.26.020-1 (Development Standards for Manteca’s Base Zoning
Districts), the following development standards apply to
multi-family residential development.
A. Minimum Project Open Space. A minimum of 30 percent of the total
project lot area shall be provided as improved and/or landscaped
open space for general use.
B. Private Open Space. A minimum of 20 percent of the total project
lot area shall be provided as private or semi-private usable open
space. Additionally, tThere shall be a minimum of 4600 square feet
of such private open space per dwelling unit (e.g., porch, balcony,
courtyard).
C. Open Space for Ground-Floor Dwellings. Each dwelling unit
located fully or partially on the ground floor shall be provided
with a minimum of 80 square feet of private open space.
17.30.020 Central Business District (CBD) Overlay Zone
D. Development Standards. The standards listed in Table 17.30.020-2
(Development Standards in the Central Business District Overlay
Zone) are the development standards applicable to the Central
Business District Overlay Zone. These standards are in addition to
other standards and requirements found in this Title (e.g., signs).
Where site development standards listed herein are in conflict with
the site development standards in other parts of this Title or the
underlying Base Zoning District, these standards shall apply.
TABLE 17.30.020-2 DEVELOPMENT STANDARDS IN THE CENTRAL BUSINESS
DISTRICT OVERLAY ZONE
Development Standard Measurement
Setback (minimum distance between structure and property line in
feet)1
• Front Yard 0 ft
• Side Yards 0 ft
• Rear Yard 0 ft
Building Height (maximum)
• Building Height 3 stories and 45 feet Floor Area Ratio (maximum
ratio of building to lot square footage)
• Floor Area Ratio 12.0 Notes: 1. Setbacks shall be the minimum
required under the City’s adopted Building Code.
ADDENDUM TO MANTECA ZONING CODE PUBLIC DRAFT DATED 4-29-11
16 | P a g e
E. Parking Standards. Parking requirements for uses in the Central
Business District Overlay Zone shall be as provided in Chapter
17.52 (Parking), except that existing and new uses occupying
existing buildings within the Central Business District are exempt
from parking requirements. New construction within the Central
Business District shall not provide locate requiredany parking
between the new structure and the street.
ARTICLE III SITE PLANNING STANDARDS
Chapter 17.40 Accessory Structures
B. Development Standards by Type of Accessory Structure. Table
17.40.040 1 (Development Standards for Accessory Structures)
establishes development standards based on the type of accessory
structure as defined in Section 17.100.060 (Universal
Definitions).
TABLE 17.40.040-1 DEVELOPMENT STANDARDS FOR ACCESSORY
STRUCTURES
Accessory Structure
Maximum Height
Building, •120 sf Not allowed in required front or street
side yard setback 10 ft
03 ft 8 ft
• Fully Enclosed 10 ft 5 ft 15 ft/ 1 story
• Solid Roof Limited/No Enclosure
Landscape Features No minimum 10 ft 3 ft 16 ft
Pools/Spas Not allowed in required front yard setback 5 ft1 5 ft 1
15 ft/
1 story
Deck/Patio No minimum No minimum No minimum No minimum
Play Equipment Not allowed in required front yard setback 10 ft 3
ft 16 ft
ADDENDUM TO MANTECA ZONING CODE PUBLIC DRAFT DATED 4-29-11
17 | P a g e
Chapter 17.48 Landscaping
17.48.020 Applicability to Standards
A. This Chapter shall apply to the following types of
projects:
1. All projects where the entire property is being developed or
redeveloped with one or more new structures, other than accessory
structures. For purposes of this chapter, new structures are
defined as those which have completely new foundation, walls, and
roof.
2. All projects resulting in the increase of building square
footage by 25 percent or more.
3. All projects that include remodeling or renovation of at least
25 percent of the existing landscape area, or where more than 25
percent of the existing landscaping area is being added to.
4. All landscaping projects, other than the construction of decks,
patios, barbecues, play equipment, and swimming pools, which
require a planning approval or building permit.
B. The following projects and activities are exempt from the
requirements of this Chapter:
1. Properties with a historical site designation;
2. Ecological restoration, mined lands, and reclamation projects
that do not require a permanent irrigation system;
3. Agricultural and farming operations;
4. Retention and/or detention basins not used as parks and where
required for storm drainage; and/or
5. Any project with a total landscaped area and/or existing
landscaped area loss due to damage or neglect less than 250 square
feet in area.; and/or
6. Any project with two or fewer detached single-family residential
units.
17.48.040 Landscape Improvement Requirements
Landscaping, grading, and irrigation plans shall comply with the
following requirements and standards:
E. Planting Size, Spacing, and Planter Widths. In order to achieve
an immediate effect of a landscape installation and to allow
sustained growth of planting materials, minimum plant material
sizes, plant spacing, and minimum planter widths (inside
measurements) are as follows:
3. Shrubs. Shrub planting shall be a minimum 5-gallon size, with a
15-gallon minimum size required where an immediate landscape screen
is required
ADDENDUM TO MANTECA ZONING CODE PUBLIC DRAFT DATED 4-29-11
18 | P a g e
(e.g., screening of headlights from drive-through aisles).
Vegetative shrubs and perennials shall be a minimum 1-gallon size.
The minimum planter width for shrubs is 5 feet.
J. Safety Considerations. Plantings shall be designed to discourage
potential safety issues (e.g., persons lying in wait). The design
of the landscaping shall comply with Crime Prevention Through
Environmental Design (CPTED) guidelines.
17.48.050 Design Requirements for Specific Types of
Landscaping
In addition to the general requirements of Section 17.48.040
(Landscape Improvement Requirements), the following provisions
apply to the special types of landscaping as established
below.
A. Residential Landscape. For single-family and two-family
residential Zoning Districts, at least 35 percent of the front yard
area shall be landscaped. Not more than 30 percen tof the landscape
area shall be covered with hard surfaces such as landscape rock,
concrete, rock, artificial materials or other impervious
surfaces.
C. Screening of Drive-Through Aisles. To screen vehicles and
associated headlights in a drive-through lane from view of abutting
street rights-of-way, a 5-foot-wide planter shall include a minimum
3-foot-tall (maximum 4-foot-tall) landscape barrier planted with
trees and other landscaping consistent with those in the parking
area. At no time shall this landscape barrier be pruned in a manner
that allows the vehicle headlights from the drive-through lane to
be visible from abutting street rights-of-way. Plantings shall also
be designed to discourage potential safety issues (e.g., persons
lying in wait). The design of the landscaping shall comply with
Crime Prevention Through Environmental Design (CPTED)
guidelines.
I. Buffering Between Uses. A landscape buffer shall be provided by
nonresidential and multi-family uses adjacent to single-family
uses. Buffer areas shall include a minimum 10-foot-wide planter
strip with shrubs and both deciduous and evergreen trees.
Landscaping shall be used to separate buildings from parking and
vehicle circulation areas where practical.
K. Parking Lot Landscape. Parking lot landscape includes perimeter
planters, abutting parking lots and drive aisles, tree planting for
parking lot shade, and a combination of continuous planting strips,
planting fingers, and parking islands throughout the parking
lot.
1. Parking areas. All surface parking areas shall be screened from
streets and adjoining properties, and the open space areas between
the property line and public street right-of-way shall be
landscaped. Parking areas shall be landscaped as follows:
d. Perimeter landscaping. The perimeter of each parking lot shall
provide landscape at least 10 feet wide or landscaping where the
lot adjoins a property line. The perimeter landscape area may
include any landscaped yard or landscaped area otherwise required,
and shall be continuous except for the required access to the
parking lot or site. All other perimeter landscape planters shall
be a minimum of five feet wide.
ADDENDUM TO MANTECA ZONING CODE PUBLIC DRAFT DATED 4-29-11
19 | P a g e
17.48.060 Landscape Care, Maintenance, and Replacement
D. Tree Removal and Replacement. For landscaping for multi-family
and nonresidential development, removal of trees planted as part of
an approved landscape plan shall be limited to trees that are in
poor health, structurally distressed, or unsafe. The removal of a
tree shall be the final recourse upon determining that it is
infeasible to save the tree by any other method (e.g., pruning,
treatment of diseases, fertilizing).
1. Removal process
a. Prior to the removal of any tree, Community Development Director
approval is required. Failure to obtain Community Development
Director approval prior to removing a tree shall require the owner
of the project to replace the removed tree as stated in this
Section.
b. The application for request for removal shall include a
statement of the health and condition of the trees to be removed by
a certified arborist; an explanation of the reason(s) for removal;
and a site plan indicating size, quantity, species, and location of
the trees to be removed and replaced.
2. Replacement. Replacement of trees shall be required for trees
removed and for trees severely and improperly trimmed and shall be
as specified below in Table 17.46.060-1 (Tree Replacement
Schedule). Replacement may be satisfied by relocation.
TABLE 17.48.060-1 TREE REPLACEMENT SCHEDULE
Size of Damaged/Removed Tree Replacement Tree Required
2 inches 15-inch box
6 inches or greater 36-inch box
F. Irrigation Schedule. 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.
2. Overhead iIrrigation shall be scheduled as outlined below.
between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent
it. If allowable hours of irrigation differ from the local water
purveyor, the stricter of the two shall apply. Operation of the
irrigation system outside the normal watering window is allowed for
auditing, and system maintenance, and a period of 21 days after
installation of a new landscape..
a. Residences and businesses with odd-numbered addresses may water
on Monday, Wednesday, and Friday but not between noon and 6:00
pm.
ADDENDUM TO MANTECA ZONING CODE PUBLIC DRAFT DATED 4-29-11
20 | P a g e
b. Residences and businesses with even-numbered addresses may water
on Tuesday, Thursday and Saturday but not between noon and 6:00
pm.
a.c. Every address may water on Sunday, but not between noon and
6:00 pm.
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.
See Section 17.48.070 (Special Report and Design Plan
Requirements).
17.48.070 Special Report and Design Plan Requirements
A. Irrigation Design Plan. The irrigation design plan shall comply
with the following:
1. Requirements. For the efficient use of water, an irrigation
system shall meet all the requirements listed in this section and
the manufacturers’ recommendations. The irrigation system and its
related components shall be planned and designed to allow for
proper installation, management, and maintenance. An irrigation
design plan meeting the following design criteria shall be
submitted as part of the Landscape Documentation Package.
a. System requirements
i. Dedicated landscape water meters are highly recommendedrequired
on landscape areas smaller larger than 5,000 square feet and
encouraged for landscape areas smaller than 5,000 square feetto
facilitate water management.
xii. 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.Irrigation systems shall be designed based on 35 psi static
pressure. Additional loss is dependent on flow and performance
curve for meter, backflow size, and length of piping.
Chapter 17.44 Yard Measurements and Projections
17.44.050 Setback Measurements
B. Setback distances shall be measured at right angles from the
designated property line (e.g., front, interior side, street-side,
rear) and the setback line shall be drawn parallel to the
designated property line at the required setback distance.
Designated property lines are determined as follows:
ADDENDUM TO MANTECA ZONING CODE PUBLIC DRAFT DATED 4-29-11
21 | P a g e
1. Front property line. The front property line shall be the
narrowest property line which abuts a public street (see Figure
17.44.050-1). For corner lots, the front property line shall be the
shortest street frontage, regardless of where the front door is
located. In the case of a flag lot, it shall be the property line
that abuts the access corridor (see Figure 17.44.050-2).
17.44.060 Allowed Encroachments
The following encroachments shall be permitted in required yard
areas, provided that all such features and structures do not extend
into any public utility easement.
W.B. Attached Structures. Accessory structures and architectural
features attached to the main building(s) may project into the
required yards as listed in Table 17.44.060-1 (Allowed Encroachment
for Attached Structures Into Required Yard Areas).
Chapter 17.46 Fences and Walls
17.46.060 Special Fence and Wall Requirements
B. Screening of Outdoor Storage. Outdoor storage shall be fenced or
screened from view. Such screening shall utilize enclosures
including, but not limited to, fences, walls, landscaping, or
earthen berms. Such screening shall utilize enclosures including,
but not limited to, fences, walls, landscaping, or earthen berms.
Screening shall be visually compatible with the primary buildings
and landscape on the property. See Section 17.80.040(C) Outdoor
Storage Requirements.
Chapter 17.48 Landscaping
In addition to the general requirements of Section 17.48.040
(Landscape Improvement Requirements), the following provisions
apply to the special types of landscaping as established
below.
A. Residential Landscape. For single-family and two-family
residential Zoning Districts, at least 35 percent of the front yard
area shall be landscaped. Additionally, maximum paved area for
vehicle parking is 25% of the required front yard area.
ADDENDUM TO MANTECA ZONING CODE PUBLIC DRAFT DATED 4-29-11
22 | P a g e
Chapter 17.52 Parking
B. Single-Family Residential Parking
1. Driveways on residential corner lots shall not be located closer
than 20 feet to the radius return.
2. Driveways providing direct access from a public street to a
garage or carport shall be not less than 20 feet in depth.
2.3. Vehicles shall only be parked on designated driveways and
shall not be parked on landscape areas within required or actual
front or street side yard areas.
3.4. Curb cuts must comply with City street improvement
standards.
X.C. Space and Aisle Standards for Surface Parking Lots
TABLE 17.52.090-1 PARKING SPACE AND DRIVE AISLE DIMENSIONS
Notes: 1. As part of Design Review, the Fire Department will review
drive aisle widths. In some instances, a wider drive aisle may be
required for fire accessThe main drive aisle to the building shall
be 26 feet. 2. Can be reduced up to 2 feet if a sidewalk or planter
with a minimum width of 6 feet is adjacent to the stall.
17.52.120 Parking and Storage of Mobile Vehicles and Accessories on
Post-July 19, 1978, Parcels
Y.D. Prohibition in Required or Actual Front Yard. No recreational
home, mobile transport vehicle, personal recreational vehicle,
oversized vehicle, or oversized boat shall be parked or stored in
the required or actual front yard of any residence or on any public
roadway, except as follows:
1. A recreational home, mobile transport vehicle, personal
recreational vehicle, oversized boat, or oversized vehicle may be
placed in the required or actual front yard of the owner’s
residence or on the public roadway directly in front of the owner’s
residence for the sole purposes of loading or unloading the vehicle
or washing the vehicle. In no case shall the vehicle be in the
required or actual front yard or public roadway in front of the
owner’s residence for more than 24 hours
ADDENDUM TO MANTECA ZONING CODE PUBLIC DRAFT DATED 4-29-11
23 | P a g e
within any consecutive 72-hour period unless the owner has obtained
a permit from the Police Department.
2. No vehicle permitted in the required or actual front yard
pursuant to Subsection 17.52.120(D)(1) shall be permitted to block
a sidewalk or obstruct the view of street traffic from any
adjoining property.
Z.E. Parking and Storage in Side Yard. No recreational home, mobile
transport vehicle, personal recreational vehicle, oversized
vehicle, or oversized boat shall be parked or stored in a side yard
(required or actual) unless:
1. Said recreational home, mobile transport vehicle, personal
recreational vehicle, oversized vehicle, or oversized boat
maintains not less than 3 feet from all buildings or side yard
appurtenances on the property. Said clearances shall be kept clear
of all obstacles at all times for the protection of public health,
safety, and welfare.
2. Said recreational home, mobile transport vehicle, personal
recreational vehicle, oversized vehicle, or oversized boat is
behind a permitted screening along all adjoining property
lines.
AA.F. Parking and Storage in Rear Yard. No recreational home,
mobile transport vehicle, personal recreational vehicle, oversized
vehicle, or oversized boat shall be parked or stored in a rear yard
(required or actual) except as provided for herein.
1. Such recreational home, mobile transport vehicle, personal
recreational vehicle, oversized vehicle, or oversized boat may be
kept wholly enclosed within a structure lawfully existing on the
premises; or
2. Such recreational home, mobile transport vehicle, personal
recreational vehicle, oversized vehicle, or oversized boat is
parked or stored on an approved impervious surface. The impervious
surface shall not exceed 25 percent of the net rear yard area, and
shall be located at least 3 feet from any property line.
3. Prior to any parking or storage pursuant to this Subsection
17.52.120(F), the property owner shall submit to the City a site
plan showing the proposed area of impervious surface and all other
structures in the rear yard, and an indication of the type of
impervious materials proposed.
4. All necessary permits that may be required shall be obtained for
the construction of the impervious surface.
Chapter 17.54 Signs on Private Property
17.54.030 Sign Requirements and Review Procedures
3. Site Plan and Design Review required. Site Plan and Design
Review shall be required for all new signs within the Central
Business District as required under Section 17.10.060 (Site Plan
and Design Review).
ADDENDUM TO MANTECA ZONING CODE PUBLIC DRAFT DATED 4-29-11
24 | P a g e
17.54.070 Design Standards
The following criteria shall be utilized for permanent advertising
displays and signs, and shall not be construed to govern the design
of temporary signs.
BB.G. Design Standards for Special Sign Types
3. Wall signs
f. Can signs are prohibiteddiscouraged. Channel letters, reverse
channel letters, and pushpin letters are preferred. Letters may not
utilize gold- colored (or a shade of gold) trim cap.
5. Monument signs. Monument signs may be used in conjunction with
other freestanding signs on sites 1 acre or more in size. On sites
less than 1 acre in size, only monument signs shall be permitted.
Monument signs shall conform to the following restrictions:
a. Maximum of 42 square feet per sign face; b. Maximum height of 5
feet; and c. Compliance with the setback and spacing standards for
freestanding
signs in Subsection 17.54.060(E).
TABLE 17.54.080-1 ALLOWED PERMANENT ON-SITE SIGN STANDARDS
Sign Type Maximum Number
Building Attached Signs
Projecting Sign 1/frontage 1.5 sf/1 lf primary building frontage,
max 50 sf for all signs
Roofline Wall Sign 1/frontage
Window Sign No maximum -
Freestanding Sign Monument Sign 1/entrance 25 sf each 10 ft
ARTICLE IV STANDARDS FOR SPECIFIC LAND USES
Chapter 17.80 Outdoor Sales, Display, Storage, and Seating
17.80.040 Special Standards
C. Standards for Outdoor Storage. The following development
standards shall apply to all permanent and temporary outdoor
storage activities:
3. Screening. Screening of outdoor storage shall be consistent with
Section 17.46.0670 (Special Fence and Wall Requirements).
ADDENDUM TO MANTECA ZONING CODE PUBLIC DRAFT DATED 4-29-11
25 | P a g e
ARTICLE V STANDARDS FOR SPECIFIC LAND USES
17.100.060 Universal Definitions
Front Yard, Front. That portion of a parcel from between the front
property line and any building on the property.
Net Rear Yard. Net rear yard means the portion of the total rear
yard that is not covered by any form of structure including sheds,
patios, courts, pools, or other permanent or semi-permanent
structure.
Yard, Rear. An area extending the full width of the lot between a
rear lot line and the required setback.
Side Street Yard, Street Side. Side street yard means the side yard
of a corner lot that is along the secondary street side of the
parcel.
Side Yard, Side. Side yard means that portion of a parcel between
the primary building structure and the side lot line.
Yard. An open space on the same lot or parcel of land, other than a
court, unoccupied and unobstructed from the ground upward, except
as otherwise permitted by this Title.
Yard Area, Actual. The actual yard area of a lot is the horizontal
area between the property line and a parallel line along the
nearest structure located outside of the required setback area. See
Figure 17.100.060-4 (Yard Area).
Yard Area, Required. The required yard area (front, interior side,
street side, and/or rear) of a lot is the horizontal area between
the property line and the minimum setback distance for the
respective yard. See Figure 17.100.060-4 (Yard Area).
FIGURE 17.100.060-4 YARD AREA
26 | P a g e
Yard, Front. A yard extending across the full width of the lot or
parcel of land. The depth of a required front yard shall be a
specified horizontal distance between the right-of-way line of the
highway or street on which the property fronts and a line parallel
thereto on the lot or parcel of land, except as otherwise provided
for a flag lot. On corner lots, the front yard shall be located
across the narrower frontage of the lot. A yard shall not be deemed
a front yard if there is no right of access of any kind, pedestrian
or vehicular, from the adjoining street.
Yard, Rear. A yard extending across the full width of the lot or
parcel of land. The depth of a required rear yard shall be a
specified horizontal distance between the rear property line and a
line parallel thereto on the lot or parcel of land, except as
otherwise provided for a flag lot.
Yard, Side, Corner. A yard bounded by a highway or street,
extending from the required front yard, or the right-of-way line on
which the property fronts where no front yard is required, to the
required rear yard or to the rear lot line where no rear yard is
required. The width of such required side yard shall be a specified
horizontal distance between the right-of-way line of the highway or
street on which the property sides and a line parallel thereto on
the lot or parcel of land.