Solano County Municipal Code § 28.90 Site Development Standards (Reserved)

A. Establishment of building lines. For the purpose of assuring the proper right-of-way width of certain streets or highways designated by the General Plan to be of major importance, building lines measured from the centerline of such streets or highways may be established on the zoning maps of this Chapter such building lines, when established, shall supersede the front yard requirements of this Chapter.

B. Effect of establishment of building lines. In no case shall any building be hereafter erected, nor shall any use of land be conducted, except the use of land for agriculture, so that such use will be closer to the right-of-way line or any building line which is established for such street or road by this Chapter or any provision of this code or any ordinance of the County.

C. Building site special provisions.

1. The use of land as permitted for the district in which it is located shall be permitted on a building site of less area or frontage than that required by the regulations for such district; provided, that such is shown as a lot on a subdivision map of record, or is a parcel of land which was under one ownership on January 29, 1959; provided, that in either case the owner of such lot shall not have owned or purchased any adjoining property since January 29, 1959. For the purpose of this Section, adjoining property shall be deemed to include any parcels which are physically separated by roads, streets, utility easements and railroad right-of-way.

2. A building site shall have its principal frontage on a public or private street; however, for a private street serving more than three building sites, the right-of-way width opening from the public street and along the full length of the private street shall be at least fifty feet.

3. In any A or R-R District the area bounded by the centerline of the public or private road right-of-way on which the parcel fronts, and the parcel sidelines extended to such right-of-way centerline may be included in the computation of the minimum parcel area requirement.

4. A legally established conforming use may be enlarged, provided the added portions conform to yard, building, location and height requirements, and such additions do not encroach upon any required parking space.

5. In any district where one-family dwellings are an allowed use, the Zoning Administrator may authorize an owner to replace an existing dwelling on a developed parcel with a new one-family dwelling and permit occupancy of the existing dwelling for the term of construction of the replacement dwelling or authorize a temporary deferral to complete a zoning requirement to issue a building permit or Certificate of Occupancy; provided that:

a. The replacement dwelling shall comply in all respects with yard, building, location, height and parking space requirements of this Chapter.

b. The owner executes a written agreement with the County guaranteeing the demolition and removal of the existing dwelling or timely completion of a specified zoning requirement. The owner shall, upon execution of the agreement, deliver to the County a Certificate of Deposit, faithful performance bond with an insurance company authorized to do business in the State, or make a cash deposit with the Treasurer of the County in the amount of money provided for in the agreement. The certificate, bond or cash deposit shall be in such amount as will be sufficient to accomplish such demolition and removal by the owner upon completion of the replacement dwelling or by the County or comply with the zoning requirement in case the agreement is breached by the owner. The decision of the Zoning Administrator or Planning Commission as to the amount of deposit required shall be final. The owner shall, in the agreement, consent to agents and employees of the County entering upon his land and demolishing and removing existing dwelling if owner fails to remove such dwelling or verify compliance with the zoning requirement as stipulated in the agreement.

6. The minimum parcel area requirement of the zoning district wherein certain uses may be permitted, subject to the securing of a use permit in each case, may be reduced, provided such use is determined to be any of the following:

a. Public service facility;

b. Crematory, mausoleum or columbarium;

c. Oil and gas wells;

d. Radio or television transmission facilities;

e. Airport or heliport;

f. Any use employing a portion of one or more contiguous lots or parcels, whereby such property is under single or unified control as one ownership, when such ownership meets the minimum area requirement of the district.

(Ord. No. 1840, §36)

A. Height

1. Chimneys, vents and other architectural mechanical appurtenances may be erected to a greater height than the limit established for the district in which the building is located.

2. Towers, poles, water tanks and similar structures may be erected to a greater height than the limit established for the district in which they are to be located provided a use permit is first secured for such structures in the M-G District; except that the provisions of Section 28-99 shall prevail in airport flight obstruction areas.

3. In any R District, no fence shall be erected, moved or altered, and no hedge shall be grown so that the portions behind the building line of the dwelling exceed seven feet in height, and the portions between the building line and any street line exceed three feet in height, provided however that a fence between the building line and any street line may exceed three feet in height if the portion of the fence that exceeds three feet in height is open so that it permits adequate visibility. Examples of open fences include chain link, wire fences and wrought iron fences.

4. Subject to any other provisions of law, towers, spires, water tanks completely enclosed by solid walls on all sides, down to the ground or to the main part of the building, similar structures and necessary mechanical appurtenances, may be built and used to a greater height than the limit established for the district in which the building is located.

5. Roof mounted solar energy systems may exceed the height limits of the primary or accessory structure, to a maximum of five feet above the roof surface.

(Ord. No. 1764, §16)

A. Minimum number of off-street parking spaces required in any district shall be as follows:

B. Location of parking area

1. The parking area shall be on-site, unless, due to unusual circumstances, proposed off-site parking is found by the Zoning Administrator or Planning Commission to be reasonably acceptable.

2. No on-street parking shall satisfy any of the parking requirements of Section 28-94(a).

C. Standard parking arrangements and dimensions

1. Parking arrangements shall be in accord with one or a combination of illustrations shown below in Figures 1 through 6. Any variation to parking arrangements illustrated below shall be approved by the Zoning Administrator.

2. All parking area designs shall limit direct access to and from adjacent public thoroughfares to a minimum of common driveways serving groups of parking spaces. All connections to County roads shall meet the encroachment permit requirements of the Director of Transportation, which generally include, but shall not be limited to, paving of the connection within the County road right-of-way.

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3. All required parking spaces for residential uses shall be a minimum nine (9) feet in width by eighteen (18) feet in length unless otherwise provided in subdivision (c)(1).

D. Curb openings

1. The width, placement and construction of curb openings shall conform to the requirements of the Director of Transportation.

E. Grading and drainage

1. The grading and drainage of all parking areas shall conform to the requirements of the Director of Transportation.

F. Surfacing and marking

1. The parking area shall be maintained in good condition at all times and shall be surfaced in a manner approved by the Zoning Administrator or Planning Commission to be consistent with the type and level of use so as to provide safe and convenient use in accord with the following guidelines:

a. Parking areas used the year around shall be surfaced with asphaltic concrete or its equivalent, except that low intensive uses may be surfaced with gravel or its equivalent unless precluded by access requirements for the disabled, pursuant to Building Code.

b. Parking areas used periodically shall be surfaced with gravel or its equivalent, except where special circumstances as determined by the Zoning Administrator or Planning Commission warrant otherwise, and unless otherwise precluded by access requirements for the disabled, pursuant to Building Code.

c. Notwithstanding the requirements in paragraphs a and b above, parking areas shall comply with the Building Codes applicable at the time of issuance of permits by the County.

2. Markings for parking spaces, entrances, exits and circulation directions shall be consistent with the type and level of use as determined by the Zoning Administrator or Planning Commission, and shall remain discernible at all times.

G. Driveway widths

1. The minimum width of a driveway for two-way traffic shall be eighteen feet, unless a greater width is required by Fire Code.

2. The minimum width of any driveway shall be ten feet, unless a greater width is required by Fire Code.

H. Emergency vehicle access

1. Notwithstanding the requirements in subdivisions (G)(1) and (G)(2), emergency access roads and lanes for fire apparatus and other emergency vehicles and equipment shall comply with the following:

a. Have an unobstructed width of not less than 20 feet.

b. Have an unobstructed vertical clearance of not less than 13.5 feet.

c. Meet all other requirements of the Building and Fire Codes applicable at the time of issuance of permits by the County.

I. Fencing

1. A minimum six-foot high, solid wall or fence shall be constructed pursuant to a design approved by the Zoning Administrator to separate parking and other commercial, industrial and nonresidential uses abutting residential districts or residences. Upon good cause shown by the applicant, the Zoning Administrator may waive the requirement for fencing.

J. Lighting

1. The Zoning Administrator may require lighting. All lighting shall be designed to minimize conflicts with surrounding properties, and shall be approved by the Zoning Administrator.

K. Accessible parking for the disabled

1. Parking spaces for the disabled shall be provided in accordance with the Building Codes applicable at the time of issuance of permits by the County and are to be included as part of the total number of parking spaces required by this Chapter.

(Ord. No. 1817, §29; Ord. No. 1867, §6)

A. Applicability. No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration; smoke, dust, odor, or other form of air pollution; heat, cold, dampness; radioactivity, electrical or other disturbances; glare; liquid or solid refuse or wastes; or other substances, condition or element referred to herein as dangerous or objectionable elements in such a manner or in such amount as to adversely affect the surrounding area or adjoining premises; provided, that any use permitted by this chapter may be undertaken and maintained if it conforms to the regulations of this section limiting dangerous and objectionable elements.

B. Performance Standards Procedure.

1. Performance standards may be imposed on a proposed use otherwise allowed by right within the zoning district if the Zoning Administrator determines that the proposed use is likely to create or emit dangerous or objectionable elements. The Zoning Administrator’s determination may be appealed to the Planning Commission.

2. If the Zoning Administrator determines that the proposed use may cause the emission of dangerous or objectionable elements, the Zoning Administrator may refer the applicant to one or more expert consultants qualified to advise as to whether a proposed use would adversely affect surrounding areas or adjoining premises by the creation or emission of dangerous or objectionable elements for investigation and report. Such report shall set forth definite findings as to the actual performance of the proposed use, and in a positive and concise manner, recommend such additional installations or safeguards, or devise such standards to be applied as would obviate the creation or emission of dangerous or objectionable elements. Such consultant or consultants shall address his report to the Zoning Administrator and a copy to the applicant at the same time.

3. Whenever the performance standards procedure has been invoked, the applicant shall submit, in addition to the application for a building permit, a plan in duplicate and supplemental statement of the proposed machinery, processes and products, and specifications or standards for the mechanisms and techniques to be used in obviating the emission of dangerous and objectionable elements as set forth in this section. Building permits may be issued only as described in the performance standards approved by the Zoning Administrator for the use.

4. Within 30 days after the Zoning Administrator has received the aforesaid application, or the aforesaid report if a report be required, the Zoning Administrator shall decide whether the proposed use will conform to the requirements of this section, and on such basis shall authorize or refuse to authorize issuance of a zoning-building permit or require a modification of the proposed plan of construction or specifications, proposed equipment or operation. Any zoning-building permit so authorized and issued shall be conditioned upon the applicant’s completed buildings and installations conforming in operation to the performance standards as stipulated in the zoning-building permit.

C. Enforcement. Whenever the performance standards procedure has been invoked and a conditioned zoning-building permit has been issued, the Zoning Administrator shall investigate any purported violation of performance standards and, if there is reasonable ground for the same, shall notify the Planning Commission of the occurrence or existence of a probable violation thereof. The Planning Commission shall investigate the alleged violation, and for such investigation may employ qualified experts and hold public hearings. If the Planning Commission finds that a violation has occurred or exists, a copy of such findings shall be forwarded to the Board of Supervisors. The services of any qualified experts employed by the Zoning Administrator or Planning Commission to advise in establishing a violation shall be financed by the violator, if such violation is established; otherwise by the County.

D. Appeals. Appeal from the action of the Zoning Administrator may be made according to the provisions of Section 28.112.

(Ord. No. 1840, §37)

A. In any case, where an official plan line has been established as a part of the street and highway master plan of the County, the required yards on the street side shall be measured from such official plan lines, and in no case shall the provisions of this Chapter be construed as permitting any structure to extend beyond such official plan line.

B. In any case where a building line has been established in accordance with Section 28.92, the required yards on the street shall be not less than the distance from the centerline of the street specified for such building line and in no case shall the provisions of this chapter be construed as permitting any structures to extend beyond such building line.

C. For the purpose of measuring yards, fireplaces, chimneys and cantilevered walls, shall be considered as exterior walls.

D. Cornices, eaves, canopies and similar architectural features may extend into any required yard not exceeding two and one-half feet.

E. Unenclosed porches or stairways, fire escapes or landing places may extend into any required front or rear yard, not exceeding six feet, and into any required side yard, not exceeding three feet.

F. In any R District where fifty percent or more of the building sites on any one block or portion thereof in the same district have been improved with buildings, the required front yard shall be a depth equal to the average of the front yards of the improved building sites, to a maximum of that specified for the district in which such building site is located.

G. In any R-TC District, the required side yards of building sites created before January 29, 1959, having less than the required site width, may be reduced to as much as ten percent of the site width; except that no such building site shall have side yards of less than five feet.

H. In the case of a corner lot adjacent to a key lot, the required side yard on the street side for any building within twenty-five feet of the side line of the key lot shall be equal to the front yard required on the key lot, and if more than twenty-five feet from such side line, the required side yard shall be fifty percent of the front yard required on the key lot.

I. In the case of a double frontage lot, the main building or accessory building shall not be erected so as to encroach upon the front yard required on any of the streets.

J. Notwithstanding any requirements in this Section, in cases where the elevation of the front half of the lot, at a point fifty feet from the centerline of the traveled roadway is seven feet above or below the grade of such centerline, a private garage attached or detached may be built to within ten feet of the front line of the lot.

K. In any R District, the side or rear yard requirements may be reduced for an accessory building, other than an animal shelter; provided, that such building shall not be located closer to any property line than five feet, or to the same distance as a permitted primary dwelling on the same parcel, whichever is less.

(Ord. 1793, §5; Ord. No. 1840, §44)

A. Extension of time for environmental impact evaluation.

1. Any provision of this Chapter which provides for a specific period of time within which a County agency, commission, employee or officer must act on an application for a permit other than entitlement required by this Chapter, shall not be applicable if compliance with the California Environmental Quality Act reasonably requires a longer period of time to assess the environmental impact of the project for which the entitlement is sought.

A. Purpose. The purpose of the airport flight obstruction areas is to prevent the creation of flight obstruction and thereby protect the lives and property of users of airports and of occupants of land in the vicinity of airports, and to prevent destruction or impairment of the utility of airports and the investment therein.

B. Airport reference point. Each airport shall submit to the Zoning Administrator or Planning Commission an airport reference point for approval which, when approved, shall be recorded together with its elevation above sea level on the appropriate zoning map. Elevation shall be based on the U.S. Coast and Geographic Survey Datum.

C. Airport classification. Each airport shall be classified as either personal, secondary, feeder, trunk line, express, continental, intercontinental, intercontinental express, in accordance with Civil Aeronautics Administration of the United States Department of Commerce standards and Section 21666 of the Public Utilities Code of the State, or military.

D. Airport flight obstruction areas. For each classification of airport, the following airport flight obstruction areas are hereby established, the designation of which and restrictions of height therein shall be combined with the designations of the use districts in which such airport flight areas occur:

1. Transitional area (V area). An area adjacent to the approach areas (W, W-1, and W-2) which extends outward from the approach areas.

2. Inner approach area (W area). An area a distance of two hundred feet from each end of each runway extending for a distance of ten thousand feet and centered on the extended

i. centerline of the runway, being (a) feet wide at the near end of the runway, and flaring to (b) feet wide at ten thousand two hundred feet from the end of the runway.

3. Military inner approach area (W-1) -- Military airport only. An area a distance of two thousand seven hundred fifty feet from each end of each runway, extending for a distance of eight thousand two hundred fifty feet, and centered on the extended centerline of the runway being (a) feet wide at the near end to the runway, and flaring to (b) feet wide at eleven thousand feet from the end of the runway.

4. Outer approach area (W-2 area) -- Military airport only. An area a distance of eleven thousand feet from the end of each runway extending for a distance of fifteen thousand feet and centered on the extended centerline of the runway at a constant four thousand feet of width.

5. Airport safety area (X area). An area extending from the established airport reference point a distance of (c) feet radius from the airport reference point.

6. Inner flight area (Y area). An area a distance of (c) feet radius from the established airport reference point and extending to a distance of (d) feet radius from the airport reference point.

7. Outer flight area (Z area). An area a distance of (d) feet radius from the established airport reference point and extending to a distance of (e) feet radius from the airport reference point.

8. Outer horizontal surface (Z-1 area) -- Military airport only. An area a distance of twenty thousand feet radius from the established airport reference point and extending to a distance of fifty thousand feet from the airport reference point.

9. Outer conical (Z-2 area) -- Military airport only. An area a distance of fifty thousand feet radius from the established airport reference point and extending to a distance of one hundred thousand feet radius from the airport reference point.

10. Variance in distance. Distance designated by letter varies according to type of airport classifications as given in the following table:

11. In addition to the foregoing flight obstruction areas, the County recognizes as a flight obstruction the precision instrument approach zone and transitional zones to the Napa Airport in Napa County. The precision instrument approach zone is established at the south end of the precision instrument runway, 36L for precision instrument landings and takeoffs. The approach zone shall have a width of one thousand feet at a distance of two hundred feet beyond the end of the proposed extension of runway 36L, widening, thereafter, uniformly to the width of sixteen thousand feet at a distance of fifty thousand two hundred feet beyond the end of the proposed extension of the runway, its centerline being the continuation of the centerline of the runway. The transitional zones extend outward and upward at ninety degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from sides of the approach surface. Transitional zones extend a distance of five thousand feet measured horizontally from the edge of the approach zones and at ninety degree angles to the extended runway centerline.

12. In addition to the foregoing flight obstruction areas, the County of Solano recognizes as a flight obstruction, the visual approach zone and transitional zones to the University Airport in Yolo County. The visual approach zone is established at the south end of the visual runway 34 for visual landings and takeoffs. The approach zone shall have a width of two hundred fifty feet at a distance of two hundred feet beyond the end of the proposed extension of runway 34, widening, thereafter, uniformly to the width of one thousand two hundred fifty feet beyond a distance of fifty thousand feet beyond the end of the proposed extension of the runway, its centerline being the continuation of the centerline of the runway. The transitional zones extend outward and upward at ninety-degree angles to the runway centerline, and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from sides of the approach surface. Transitional zones extend a distance of five thousand feet, measured horizontally from the edge of the approach zones and at ninety degree angles to the extended runway centerline.

E. Uses permitted. All uses permitted in the district in which the V, W, W-1, W-2, X, Y, Z, Z-1 or Z-2 area is located, subject, however, to the height limitations of this Section.

F. Height regulations. No structure or natural growth shall be permitted at greater heights above the elevation of the recorded airport reference point in the flight obstruction areas than the heights indicated in the following table; provided, that such heights shall not supersede other height limitations of this Chapter of a more restrictive nature:

1. V areas: The allowed elevations of approach areas at the edges of the approach areas and increasing at a ratio of seven-to-one outward and upward, measured at right angles to the axis of the runway except at the extreme end of the approach areas (W and W-2) where the elevation limiting ratio is extended around through ninety degrees until measured parallel to the runway axis. The increase is allowed until restrictive elevations of adjacent X, Y, Z, or Z-1 areas are met.

2. W areas: Thirty-five feet at two hundred feet from end of runway, increasing in a direct proportion, fifty-to-one to two hundred thirty-five feet at ten thousand two hundred feet from end of runway.

3. W-1 areas -- Military airport only: Thirty-five feet at two thousand seven hundred fifty feet from end of runway, increasing in a direct proportion, fifty-to-one, to two hundred feet at eleven thousand feet from end of runway.

4. W-2 areas -- Military airport only: Two hundred feet.

5. X areas: Fifty Feet.

6. Y areas: One hundred fifty feet.

7. Z areas: One hundred fifty feet at (d) feet from the airport reference point, increasing in a direct proportion of one foot in height for each twenty feet horizontally, away from the airport reference point.

8. Z-1 areas -- Military airport only: Five hundred feet.

9. Z-2 areas -- Military airport only: Five hundred feet at fifty thousand feet, increasing in a direct proportion of one foot in height for each one hundred feet horizontally away from the airport reference point to a distance of one hundred thousand feet from the airport reference point.

10. In addition to the foregoing height regulations, the County recognizes the height limitations to the precision instrument approach zone to the Napa Airport in Napa County as one foot in height for each fifty feet in horizontal distance, beginning at a point two hundred feet from and at the centerline elevation of the end of the proposed extension of runway 36L, and extending to a distance of ten thousand two hundred feet from the end of the proposed extension of the runway; thence, one foot in height for each forty feet in horizontal distance to a point fifty thousand two hundred feet from the end of the proposed extension of the runway. The transition zones slope upward and outward seven feet horizontally for each foot vertically, beginning at the sides of and at the same elevation of the approach zones, and extended to a horizontal distance of five thousand feet measured at ninety degree angels to the extended runway centerline.

11. In addition to the foregoing height regulations, the County of Solano recognizes the height limitations to the visual approach zone to the University Airport in Yolo County as one foot in height for each twenty feet in horizontal distance, beginning at a point two hundred feet from and at the centerline elevation of the end of the proposed extension of runway 34, and extending to a distance of five thousand feet from the end of the proposed extension of the runway. The transitional zones slope upward and outward seven feet horizontally for each foot vertically, beginning at the sides of and at the same elevation as the approach zones, and extended to a horizontal distance of five thousand feet measured at ninety degree angles to the extended runway centerline.

(Ord. No. 1726, §2)