Part V — SITE DEVELOPMENT STANDARDS

PART V - SITE DEVELOPMENT STANDARDS

Chapter 16.501 through Chapter 16.509, inclusive, shall be known as the basic site development standards.

Chapter 16.501 - GENERAL DEVELOPMENT REGULATIONS

A.

Purpose. The purpose of this part is to prescribe supplemental development and site regulations that apply to development in all zoning districts, except where specifically stated. These standards shall be used in conjunction with the standards for each zoning district established in Part II (16.200), Zoning Districts and Development Standards, to ensure that development:

1.

Is consistent with the general plan;

2.

Is compatible with existing and future development;

3.

Protects the use and enjoyment of neighboring properties.

B.

Applicability. The provisions of this part apply to all new development and uses, and to modifications to existing structures and uses in combination with the standards for each zoning district, except as specified in Chapter 16.105, Non-Conforming Uses. In case of any conflict, the standards specific to the zoning district will override these regulations. Where applicable, the requirements of Chapter 16.614 Architectural Heritage and Historic Preservation may also apply.

Detached buildings and structures that are clearly incidental or subordinate to the main building on the same lot or an adjacent lot under the same ownership shall be permitted in all zoning districts subject to compliance with the zoning district regulations and the requirements of this chapter. Accessory buildings and structures include covered patios, dish antennas, garages, garden structures (sheds, gazebos, greenhouses, pergolas) guest quarters, play structures, and storage shelters. The following requirements apply to all accessory buildings and structures with the following exceptions:

A.

Separately regulated structures. Accessory structures subject to separate regulations.

1.

Accessory uses under Chapter 16.302, Accessory Uses;

Accessory Dwelling Units and Junior Accessory Dwelling Units under Chapter 16.303, Accessory Dwelling Units;

3.

Solar installations under Chapter 16.338, Solar and Wind Energy Systems;

4.

Wireless telecommunications equipment and antennas under Chapter 16.341, Wireless Telecommunications.

B.

Temporary structures. Temporary structures subject to the requirements of Chapter 16.339, Temporary Uses and the following structures:

1.

A mobile unit or structure used as a caretaker's or manager's residence or as a residence during the construction of a new residential unit on the same parcel;

2.

A mobile unit or structure used for temporary storage by the primary user of the property.

C.

Requirements. Accessory buildings in mixed-use and non-residential zoning districts shall be subject to the same regulations as main buildings. The following requirements are applicable to accessory buildings and structures in any residential zoning district:

1.

A detached accessory building may only be constructed on a lot with a legally permitted main building. The accessory building shall be related to the main building on the same lot or located on an adjacent lot under the same ownership.

2.

An accessory building may be constructed prior to a permitted main building and used for not more than one year in connection with the construction of the main building, provided that a building permit is obtained for the entire project, including the accessory building, prior to the start of any construction.

3.

Except for accessory dwelling units established in compliance with Chapter 16.303, Accessory Dwelling Units, accessory buildings may not contain kitchens or full baths. An accessory building that is not an approved accessory dwelling unit may contain a sink and a toilet but not a shower or tub enclosure. Unenclosed showers that are outside are permitted.

4.

Accessory buildings up to fourteen feet in height are permitted subject to the following requirements:

a.

Accessory buildings shall be located on the rear half of the parcel and shall not extend into the required minimum side yard setback except as authorized pursuant to (b) and (c) below.

b.

Accessory buildings no more than fourteen feet in height shall be located at least five feet from the rear parcel line, unless they are more than fifty feet from the front property where they can be at least three feet from the rear parcel line.

c.

On a reversed corner parcel, accessory buildings shall not be located closer to the street side parcel line of such corner parcel than the principal structure.

d.

Any accessory building on a through lot shall not project into any front setback and shall not be located in any required side setback.

e.

Accessory buildings in the RR Zoning District, such as barns and stables, may exceed the height limit, subject to director approval.

Where a lot is divided by a zoning district boundary, unless a zoning map amendment and a general plan amendment, if applicable are processed such that regulations applicable to one zoning district are applied to all areas of the lot or parcel, the regulations applicable to each district shall be applied to the area within the district, and no use, other than parking serving a principal use on the site, can be located in a zoning district in which it is not a permitted or conditionally permitted use.

A.

Access. All access to parking serving a use shall be from a street abutting that portion of the lot where the use is allowed. Pedestrian or vehicular access from a street to a non-residential use cannot traverse an residential zoning district in which the non-residential use is not permitted or conditionally permitted.

B.

Exceptions. If more than sixty percent of a lot is located in one zoning district, modifications to the provisions of this chapter may be granted through approval of an exception by the director or the planning commission. See Chapter 16.608, Exceptions.

Any lot or parcel of land that was legally created through a recorded deed may be used as a building site even when consisting of less area, width, or depth than that required by the regulations for the zoning district in which it is located. However, no substandard lot can be further reduced in area, width, or depth, unless such reduction is required as part of a public improvement.

The standards of this chapter apply to all new development and to all existing structures. The structures listed in Table 16.501-A below may exceed the maximum permitted building height for the zoning district in which they are located, subject to the limitations stated in the table and further provided that no portion of a structure in excess of the building height limit may be used for sleeping quarters or advertising. Projections not listed in the table and projections in excess of those listed may be allowed by the granting of an exception permit under Chapter 16.608, Exceptions.

TABLE 16.501-A: HEIGHT EXCEPTIONS

Open storage of goods, materials, machines, equipment, and vehicles or parts outside of a building for more than seventy-two hours shall conform to the standards of this chapter. The regulations of this chapter do not apply to processing equipment, tanks, or other equipment fixed to the ground, to temporary storage of construction materials reasonably required for construction work on the premises pursuant to a valid building permit, and to agricultural/farming equipment used for agriculture or farming on the property.

A.

Permitted Locations. Open storage is permitted at the locations listed in Table 16.501-B as follows:

TABLE 16.501-B: OPEN STORAGE REGULATIONS BY DISTRICT AND LOCATION

B.

Screening and Setbacks. Storage areas visible from public streets that are not separated from the street by intervening buildings shall be screened in compliance with the following:

1.

Screening Walls. Screening walls and fences shall be tall enough to sufficiently screen stored material. Fences and walls shall not exceed the maximum allowable fence heights unless allowed pursuant to approval of an Exception Permit under Chapter 16.608, Exceptions.

2.

Setback. A setback shall be provided for outdoor stored material at the ratio of 1:1 from all property lines equal to the total height of stored material above required screen wall.

Building projections may extend into required yards, according to the standards of Table 16.501-C, Allowed Building Projections into Yards. The "Limitations" column states any dimensional, area, or other limitations that apply to such structures when they project into required yards.

TABLE 16.501-C: ALLOWED BUILDING PROJECTIONS INTO YARDS

A.

Architectural features such as cornices, canopies, eaves, greenhouse or windows, and chimneys may extend into required yards a distance of not more than two feet. Such encroachment may be allowed even when the side yard is substandard, provided that a minimum setback of three feet is maintained. However,

where properties were originally approved and developed as zero lot lines, one story additions may extend up to the property line subject to compliance with the Building Code.

B.

Unenclosed porches, balconies and stairways may extend into required front yard setbacks not more than six feet, and into other required yards not more than two feet.

C.

Detached private garages and accessory structures may be permitted in those required yards which do not abut a street providing that the garages and structures:

1.

Are at least five feet from a main building or alley right-of-way;

2.

Are at least fifty feet from a front property line;

3.

Are at least three feet from any side or rear property line;

4.

Do not exceed ten feet in height at their highest point within the required yard; and

5.

Do not create a condition causing water to drain onto an adjacent site.

D.

When a private garage or an accessory structure is attached to the main structure, it shall comply in all respects with the requirements of this code applicable to the main structure.

E.

The main residential building may project into a required rear yard up to, but not within, ten feet of the rear lot line, provided that the maximum lot coverage and minimum required open space standards are met. This building projection shall not encroach into a required side yard, nor shall it be wider than fifty percent of the average lot width in the rear half of the lot.

This chapter establishes design and locational criteria for the construction of solid waste, solid waste, recycling, and organic waste container storage areas. Solid waste, recycling, and organic waste are collectively referred to as "solid waste and recycling."

A.

Purpose. This chapter establishes design and locational criteria for the construction of container storage areas for all solid waste, and recycling, organic waste, and garbage as defined in Vallejo Municipal Code Chapter 7.40."

B.

Applicability. These requirements shall apply to all residential, mixed-use and non-residential development in addition to all applicable requirements of the city's waste service, this code, and Chapter 16.332, Recycling Facilities. All solid waste, recyclable, and organic waste materials shall be stored and collected from the same outdoor location.

C.

General Requirements and Alternatives. All solid waste, recycling and organic waste materials must be placed in an appropriate receptacle. All dumpsters, carts, garbage cans, mobile trash bins, and receptacles must be maintained and stored in accordance with this chapter.

1.

All uses shall provide solid waste, recycling, and organic waste storage and staging areas that comply with the standards of this chapter. Solid waste, recycling, and organic waste rooms meeting the standards of subsection (C) shall be provided in conjunction with:

a.

Any new construction for which a building permit is required.

b.

Improvements affecting solid waste, recycling, and organic waste areas of publicly owned facilities.

c.

Alterations of which the sum total of all improvements within a twelve-month period either adds thirty percent or more to the existing floor area or the aggregate permit valuation, as determined by Consumer Price Index (CPI).

2.

Alternatives. Projects with ten or fewer residential units may have individual solid waste, recycling, and organic waste carts or containers for each unit, provided that there is a designated screened location for each individual container adjacent to the residential unit or within garage areas and provided that solid waste and recycling carts or containers for each unit are brought to the curbside for regular collection.

D.

Size. Enclosures must be sized to accommodate all dumpsters, and or solid waste, recycling and organic waste carts or containers picked up by the city or its franchise waste hauler(s).

E.

Location and Orientation. Enclosures shall meet the following requirements, unless the director determines that compliance is infeasible. An entitlement or building permit shall not be issued for a project until documentation of location approval is provided by the director.

1.

All solid waste, recycling, and organic waste storage areas shall be located:

a.

Outside of any required parking, driveway, landscape, utility easement, or setback area, unless there is no feasible alternative;

b.

A minimum of five feet from an adjacent parking space;

c.

At minimum of five feet from the property line of an abutting single-unit residential zoning district; and

d.

A minimum of ten feet from the public right-of-way line or access easement.

2.

Enclosures shall be maintained by the property owner or manager in a good, usable, clean and sanitary condition.

3.

All solid waste, recycling, and organic waste materials that are stored and collected from the same location outside shall be stored not more than ten feet from the property line closest to the solid waste collection point. If the collection area is more than twenty feet from the collection point, a staging area within ten feet of the collection point is necessary.

F.

Visibility.

1.

Solid waste, recycling, and organic waste enclosures must not be visible from a public right-of-way as required by Vallejo Municipal Code Section 7.54.030 (R).

2.

All outdoor storage of solid waste, recycling, and organic waste materials, and other items or material intended to be discarded or collected shall be screened from public view.

3.

On property where solid waste, recyclable, and organic waste materials are both stored and collected adjacent to an alley or other public right-of-way, the solid waste and recyclable materials shall be designed or approved by the director as follows:

a.

Screened from public view on at least three sides by a solid opaque impact-resistant wall not less than five feet or more than eight feet in height; and

b.

Screened on the fourth side by a solid opaque impact-resistant gate not less than five feet or more than eight feet in height, or of other such material or design.

c.

The gate securing the area shall be maintained in working order and shall remain closed except during such times as solid waste, recycling, and organic waste materials and other such items are being discarded, placed for collection, or collected.

G.

Consolidation and Distance for Buildings Served. Solid waste, recycling, and organic waste storage areas must be consolidated to minimize the number of collection sites and located to reasonably equalize the distance from the building spaces they serve. For multi-unit residential projects, at least one trash enclosure per twenty units is required, and the enclosure must be located one hundred feet or less from the residential units.

H.

Accessibility. Solid waste, recycling, and organic waste storage areas shall be accessible to provide trucks and equipment used by the contracted solid waste and recycling collector(s) have sufficient maneuvering areas and, if feasible, for collection equipment to avoid backing up.

I.

Materials, Construction, and Design.

1.

Minimum Height of Screening. Solid waste and recycling storage areas located outside or on the exterior of any building shall be screened with a solid enclosure at least six feet high and include a roof structure.

2.

Enclosure Material. Enclosure material shall be wood, solid masonry, or concrete tilt-up with decorated exterior-surface finish. The trash enclosure shall match and complement the color scheme and architecture of the building.

3.

Gate Material. Latching, view-obscuring gates shall be provided to screen trash enclosure openings.

4.

Access to Enclosure from Residential Projects. Each solid waste, recycling, and organic waste enclosure serving a residential project shall be designed to allow disposal to the appropriate receptacle without having to open the main enclosure gate.

5.

Enclosure Pad. Pads shall be a minimum of four-inch-thick concrete.

6.

Bumpers. Bumpers shall be two inches by six inches thick and made of concrete, steel, or other suitable material, and shall be anchored to the concrete pad.

7.

Protection for Enclosures. Concrete curbs or the equivalent shall protect enclosures from adjacent vehicle parking and travel ways.

8.

Clear Zone. The area in front of and surrounding all enclosure types shall be kept clear of obstructions, and shall be painted, striped, and marked "No Parking."

9.

Drainage. The floor of the enclosure shall have a drain that connects to the sanitary sewer system.

10.

Travelways and Area in Front of Enclosure. The travelways and area in front of the enclosure shall be designed to have an adequate engineered base meeting the city's Building Code for truck use and capable of supporting a maximum fully loaded gross vehicle weight of at least sixty-two thousand pounds. The minimum pavement engineering standard shall be one hundred pounds per square foot "live load" unless the applicant can present a report from a California-registered civil engineer justifying a different design load factor.

J.

Security. Solid waste, recycling, and organic waste rooms or outdoor enclosures shall be secured to prevent the theft of recyclable materials by unauthorized persons, while allowing authorized persons

access for disposal of materials, and shall provide protection against adverse environmental conditions which may render the collected materials unmarketable.

K.

Solid Waste, Recycling, and Organic Waste Rooms. Solid waste, recycling and organic waste rooms and outdoor enclosures are subject to design review when applicable and shall comply with all the requirements of the zoning districts in which they are located as well as the following minimum design standards:

1.

Single-Unit and Duplex Residences. Single-unit residences and duplexes shall include a designated area to store solid waste, recycling, and organic materials screened from public view or a designated area in a garage or accessory structure.

2.

Residential Multiple-Unit Development. Developments consisting of three or more dwelling units shall include a solid waste and recycling room meeting the minimum dimensions stated in Table 16.501-D or shall provide an equivalent space within an outdoor enclosure that conforms to the same dimensions stated in the table. Outdoor enclosures shall have walls at least six feet in height and an opening at least eight feet wide.

TABLE 16.501-D: MINIMUM RESOURCE AND RECYCLING ROOM DIMENSIONS - RESIDENTIAL MULTI-UNIT DEVELOPMENT

3.

Nonresidential and Mixed-Use Development.

a.

Nonresidential and mixed-use developments shall include a solid waste, recycling, and organic waste room meeting the minimum dimensions stated in Table 16.501-E or shall provide an equivalent space available in a centralized area or an outdoor enclosure with the same width and length dimensions, and a minimum height of six feet, and an opening at least eight feet wide.

TABLE 16.501-E: MINIMUM RESOURCE AND RECYCLING ROOM DIMENSIONS—NONRESIDENTIAL DEVELOPMENT AND MIXED-USE

b.

Solid waste, recycling, and organic waste rooms or outdoor enclosures shall be at the same grade as and adjacent to an existing alley, if the site is adjacent to an alley.

c.

The three interior walls of solid waste, recycling, and organic waste indoor and outdoor enclosures shall include a two inch by sixteen-inch wall guard covering the length of all interior walls in existing properties, or a curb six inches in depth by eight inches tall for remodels and new construction.

d.

Buildings in which food products are prepared, processed or sold shall have a fully enclosed solid waste, recycling, and organic waste area with lighting, ventilation, and sanitary drains. Size and dimensions shall conform to the required design standards outlined in this chapter.

4.

Large Residential, Nonresidential and Mixed-Use Development. Any development, whether residential, nonresidential, or mixed-use with more than fifty residential units, or with more than forty thousand square feet of floor area shall be reviewed by the director of public works, who shall require the design and placement of a solid waste, recycling and organic waste room or outdoor enclosure consistent with the purpose of this chapter to provide adequate and accessible areas for the storage and collection of solid waste, recyclable, and organic waste materials.

5.

Subterranean Storage. Buildings or structures in which solid waste, recyclable, and organic waste materials are stored in otherwise locked and secured subterranean garages may have a designated fenced area for the storage of solid waste, recyclable, and organic waste materials in compliance with specifications as to location and materials established by the director.

L.

Modifications. The public works director, in consultation with the chief building official or director, shall have the authority to modify the requirements, as listed below, subject to the design standards of this chapter when, upon a written application for a modification, the city engineer, chief building official or director

determines that the applicant has demonstrated that imposition of the design standards is technically infeasible or creates an unreasonable hardship. Such authority shall be limited to the following:

1.

Modify the dimensions of solid waste, recycling, and organic waste rooms or outdoor enclosures, provided that the frequency of solid waste, recycling, and organic waste collection is modified to adequately serve the uses on the site and protect the public health, safety and general welfare.

2.

Permit more than one room or outdoor enclosure, provided the aggregate area is in substantial compliance with the design standards of this chapter as determined by the director of public works, chief building official or director and provided that each room or outdoor enclosure furnishes convenient access for disposal and collection of both solid waste and recyclable materials.

a.

Solid waste, recycling, and organic waste containers located adjacent to alleys shall remain open to the alley.

b.

Solid waste, recycling, and organic waste enclosures in subterranean parking areas should have a door of equal size with doorstops attached or a follow-up door and provide adequate lighting, ventilation and sanitary drains.

c.

If the solid waste, recycling, and organic waste enclosure is located in a subterranean parking area or remote location, a city-approved staging area on private property at the alley or street level shall be provided.

16.501.09 - Swimming pools and hot tubs.

A.

Filtration Equipment. Swimming pool or spa filtration equipment and pumps shall not be located in the front or street side yard and cannot be closer than fifteen feet to the main building on an adjoining lot. All equipment shall be mounted and enclosed/screened so that its sound is in compliance with Chapter 16.502, Performance Standards.

B.

Pool Setbacks and Covers. The outside wall of the water-containing portion of any swimming pool or hot tub must be a minimum of fifteen feet from street side lot lines, five feet from all interior lot lines, five feet from the rear lot line, and five feet from the residence and any accessory dwelling unit on the site. Pools and hot tubs in a residentially zoned district for private use shall not be located within a front setback.

C.

Elevated Swimming Pools. All elevated swimming pools constructed on the ground may not be higher than four feet.

D.

Security and Screening. Swimming pools shall be walled or fenced to prevent access from the street or from adjacent properties. All fencing shall comply with the requirements of the Building Code regulations for swimming pools, spas, and hot tubs.

For new developments, utilities including, but not limited to, all electrical, telephone, cable television, fiberoptic cable, gas, water, sewer, irrigation/recycled water, and similar distribution lines providing direct service to a project shall be installed underground within the site. This requirement may be waived by the director upon determining that underground installation is infeasible, or the electrical line is otherwise exempt from an under-grounding requirement.

16.501.11 - Visibility at intersections, driveways, and alleys.

A.

Purpose and Applicability. The purpose of this chapter is to limit the height of structures and landscaping in order to provide adequate sight distances for pedestrian and vehicle traffic at intersections and driveways. This chapter applies to all structures and landscaping located adjacent to street and alley intersections (public or private) street and driveways.

B.

Street Intersections. Vegetation and structures, including signs, shall not exceed a height of three feet within the a triangular area called a "sight distance triangle" formed by the intersecting curb lines (or edge of pavement when no curbs exist) and a line joining points on these curb lines at a distance of ten feet along both lines from their intersection, unless there is a "transparency" feature, such as open railings or well-pruned climbing plants, allowing for sight visibility.

1.

Trees located within the sight distance triangle shall have a minimum clearance of thirteen feet between the lowest portion of the canopy and the street.

2.

The requirements of this section do not apply to unsignalized intersections of local streets, unless specifically required by the director.

C.

Driveways and Alleys. Visibility of a driveway crossing a street lot line shall not be blocked above a height of three feet within the sight distance triangular area formed by the intersecting curb lines (or edge of

pavement when no curbs exist) and a line joining points on these curb lines at a distance of twelve feet along both lines from their intersection.

1.

Street trees pruned at least seven feet above the established grade of the curb so as not to obstruct clear view by motor vehicle drivers are permitted.

D.

Exempt Structures and Plantings. The regulations of this chapter do not apply to existing buildings; public utility poles; saplings or plant species of open growth habits not planted in the form of a hedge but planted and trimmed to leave at all times a clear and unobstructed cross view; official warning signs or signals; or places where the contour of the ground is such that there can be no cross visibility at the intersection.

Chapter 16.502 - PERFORMANCE STANDARDS

The regulations in this chapter are intended to implement the general plan and protect public health and safety by establishing performance standards to ensure that land uses, and development do not generate adverse impacts on surrounding neighborhoods and uses, or the community at large. The standards contained in this chapter apply to all zoning districts.

A.

Land or buildings cannot be used or occupied in a manner creating any dangerous, injurious, or noxious conditions, chemical fires, explosive, or other hazards that could adversely affect the surrounding area. If necessary, the director will retain a professional expert or designated regulatory agency to assist in assessing possible impacts, and any cost incurred will be paid by the applicant or business owner.

B.

Prior to the issuance of a building permit, the director may require the applicant to submit such information as proposed machinery, processes, products, or environmental impacts as may be necessary to demonstrate the ability of the proposed uses to comply with applicable performance standards. Such required information may include reports by expert consultants. Whenever an environmental impact report has been submitted and determined to be adequate under state and city guidelines, no further information shall be required.

C.

In addition to the requirements of this chapter, uses shall operate in a manner that complies with other applicable standards of this code establishes to regulate objectional impacts of land uses including, but not limited to, Section 16.502.10, Noise; Chapter 16.506, Light and Glare.

Construction activities shall be managed in compliance with the following requirements:

A.

Site Watering. During the construction of a project, all portions of the site shall be watered as necessary to reduce emissions of dust and other particulate matter, and all stockpiles shall be covered.

B.

Maintenance. Streets and sidewalks shall be made dirt free at the completion of construction.

C.

Noise. All construction and transport equipment shall be muffled in accordance with state and federal laws.

D.

Emissions. Construction and transport equipment shall be operated so as to minimize exhaust emissions. During construction, trucks and equipment should be running only when necessary.

E.

Hours of Operation. Grading and pile driving operations within ¼ mile of residential units shall be limited to between 8:00 am and 5:00 p.m. on weekdays to ensure compliance with the requirements for construction activity in Subsection 16.502.12.D.1., Maximum Noise Level for Temporary Construction Activity, or as otherwise restricted as part of an approval.

F.

Water Run-off. All water run-off from construction sites shall be controlled. During construction, trucks and equipment should be running only when necessary, and shall comply with Chapter 12.41 of the Vallejo Municipal Code.

The storage, use, transportation or production of products which, either in the raw or finished state, constitute a flammable or explosive material shall be subject to approval of the fire department. Fire department personnel may, without prior notice, visit and observe operations on the site and any directives issued by said personnel shall be satisfied in a timely manner. Burning of waste materials in open fires or unapproved incinerators is prohibited.

The use, handling, storage and transportation of waste materials, including hazardous wastes, shall comply with the provisions of the California Hazardous Materials Regulations and any other applicable laws. Discharge at any point into a public or private sewage disposal system, stream, or the ground, of any material which could contaminate any water supply, or otherwise cause the emission of dangerous or offensive elements is prohibited. No exceptions are allowed unless in accordance with regulations, licenses or approvals of the various local and state agencies having jurisdiction over such activities.

When located in any of the zoning districts specified below, all commercial and industrial uses shall be so operated as not to produce humidity, heat, cold, or glare which is readily detectable without instruments by the average person at the following points of determination:

A.

No continuous, frequent or repetitive odors are permitted that exceed limits established by the San Francisco Bay Area Air Quality Management District, the California Air Resources Board or federal agencies. An odor detected no more than a total of fifteen minutes in any one day shall not be deemed to be continuous, frequent or repetitive for this regulation.

B.

No dust or particulate matter shall be emitted that exceeds limits established by the San Francisco Bay Area Air Quality Management District, the California Air Resources Board or federal agencies. Exhaust air ducts shall be located or directed away from abutting residentially zoned properties.

C.

When located in the zoning districts specified below, no commercial or industrial uses shall be so operated as to emit matter causing readily detectable odor by the average person at the following points of determination and in the following diluted states:

TABLE 16.502-B: ODOR, PARTICULATE MATTER, AND AIR CONTAMINANT DETERMINATION

D.

Applicants for residential development and other sensitive land use projects including, but not limited to hospitals, nursing homes, and adult and child daycare facilities on sites within one thousand feet of a major source of toxic air contaminants such as industrial uses, freeways, and roadways with traffic volumes over ten thousand vehicles per day shall submit a health risk assessment (HRA) to the director with the application.

1.

The HRA shall be prepared in compliance with policies and procedures of the State Office of Environmental Health Hazard Assessment and the Bay Area Air Quality Management District and shall meet office of environmental health hazard assessment (OEHHA) guidelines for the analysis, including age sensitivity factors, breathing rates, and body weights appropriate for children age zero to sixteen years.

2.

If the HRA shows that the incremental cancer risk exceeds ten in one million PM2.5 concentrations exceed 0.3ug/m3, or the appropriate noncancer hazard index exceeds 1.0, the applicant will be required to identify and demonstrate that mitigation measures are capable of reducing potential cancer and non-cancer risks to an acceptable level (i.e., below ten in one million or a hazard index of 1.0), including appropriate enforcement mechanisms.

3.

Measures to reduce risk may include but are not limited to:

a.

Locating air intakes away from high volume roadways and/or truck loading zones.

b.

Ensuring that building heating, ventilation, and air conditioning systems include appropriately sized maximum efficiency rating (MERV) filters

4.

Measures identified in the HRA shall be included in the environmental document and/or incorporated into the site development plan as a component of the proposed project. The air intake design and MERV filter requirements shall be noted and/or reflected on all building plans submitted to the city for review and verification by the director and the city building official.

No use shall be operated in a manner that produces vibrations discernible without instruments at any point on the property line of the lot on which the use is located.

A.

Purpose. The purpose of these regulations is to implement the general plan policies on noise exposure and land use compatibility policies. More specifically, the purpose of the noise standards is to:

1.

Establish the principles and context for the application of noise limits, standards for noise exposure and land use compatibility, and requirements for reasonable noise attenuation measures;

2.

Protect noise sensitive uses from excessive noise exposure from other uses;

3.

Establish regulations for maximum noise limits and procedures for enforcing them

4.

Prevent any land use from generating sound that exceeds specific maximum levels based on the type uses and the type of noise.

B.

Exemptions. The following facilities and uses are exempt from these regulations:

1.

Emergencies. The emission of sound for the purpose of alerting persons to the existence of an emergency, the performance of emergency work, or the operation of emergency equipment including, but not limited to, generators.

2.

Warning Devices. Warning devices necessary for the protection of the public safety, such as police, fire, and ambulance sirens.

3.

Special Events. Occasional outdoor gatherings, public dances, shows, and sporting and entertainment events, provided that such events are conducted pursuant to a permit or license issued by the city.

4.

Religious Institutions and Other Similar Organizations. Unamplified bells, chimes, or other similar devices used by religious institutions and other houses of religious worship.

5.

Time signals. Signals produced by places of employment or worship and school recess signals providing no one sound exceeds five seconds in duration and no one series of sounds exceeds twenty-four seconds in duration.

6.

Municipal Solid Waste Collection. Collection of solid waste, vegetative waste, and recyclable materials by the city or under contract with the city.

7.

Public Works Construction Projects, Maintenance, and Repair. Street, utility, and similar construction projects undertaken by or under contract to or direction of the city, or the state of California or a public utility regulated by the California Public Utilities Commission, as well as maintenance and repair operations conducted by such parties, including street sweeping, debris and litter removal, removal of downed wires, restoring electrical service, repairing traffic signals, unplugging sewers, vacuuming catch basins, repairing of damaged poles, removal of abandoned vehicles, repairing of water hydrants and mains, gas lines, oil lines, sewers, storm drains, roads, and sidewalks.

8.

Transportation equipment. Sounds from transportation equipment such as trucks and buses used primarily in the movement of goods and people to and from given premises and in connection with temporary construction or demolition work.

9.

Utility Facilities. Facilities including without limitation sixty-cycle electric power transformers and related equipment, sewer lift stations, municipal wells, and pumping stations.

C.

General Requirements.

1.

No person shall make, or cause to suffer, or permit to be made upon any public property, public right-ofway or private property, any excessive noise, annoying noise, amplified sound or vibrations that are physically annoying to reasonable persons of normal sensitivity or that are so harsh or so prolonged or unnatural or unusual in their use, time or place as to cause or contribute to the unnecessary and unreasonable discomfort of any persons of normal sensitivity located at the lot line of the property from which these noises emanate or that interfere with the peace and comfort of residents or their guests, or the operators or customers in places of business in the vicinity, or that may detrimentally or adversely affect such residences or places of business.

2.

Noise standards. Table 16.502-C classifies uses and facilities and establishes exterior and interior noise standards applicable to all uses and facilities in each classification that is not exempt from these requirements pursuant to Subsection B. The requirements impose limits on regularly occurring noise for the specified time periods, averaged over an hour, and do not apply to incidental, infrequent, or unexpected noise, which are subject to Vallejo Municipal Code Chapter 7.84, Regulations of Noise Disturbances. The prohibitions contained in Municipal Code Chapter 7.84, apply to all land uses and activities in the city, and, in the case of a conflict, the more restrictive provisions apply.

TABLE 16.502-C: MAXIMUM NOISE LEVEL BY NOISE ZONE

The standard limits in Table 16.502-D shall be adjusted by five decibels for any noise that contains a steady, pure tone such as a whine, screech or hum, or an impulsive sound such as hammering or riveting, or contains music or speech, as described in the following table.

D.

Additional Regulations. In addition to the following restrictions, hours may be modified with condition imposed by any conditional use permit or variance. The most restrictive hours shall apply.

1.

Construction hours. Construction, demolition, and related loading/unloading activities that may generate noise exceeding levels in Table 16.502.E shall be limited to hours between 7:00 a.m. and 7:00 p.m. in residential zoning districts and in any mixed-use district.

TABLE 16.502-E: MAXIMUM NOISE LEVEL FOR TEMPORARY CONSTRUCTION ACTIVITY

Noise measurement. In determining whether any noise exceeds the maximum exterior noise limits set forth in this chapter, measurements shall be taken at the property line of the property from which the noise emanates, except that for noise emanating from property in a IG Zoning District, measurement shall be taken at boundary of the zoning district in which the property is located. Residential noise levels.

a.

Interior. No person shall operate or cause to be operated within a dwelling unit, any source of sound that causes the sound level when measured inside a neighboring receiving dwelling unit to exceed the allowable noise level, for any period of time.

b.

Exterior. The exterior noise limits for any source of noise within any residential zone shall be reduced by ten dBA between 10:00 p.m. and 7:00 a.m. The exterior noise limits for any source of noise in any zone other than a residential zone shall be reduced between 10:00 p.m. and 7:00 a.m. so that when the noise measured at the property line of a "noise-sensitive use" does not exceed fifty dBA. The interior noise level for steady state continuous noise from exterior sources in any residential bedroom with windows open between 10:00 p.m. and 7:00 a.m. shall not exceed thirty dBA.

c.

Mitigation required. New single-unit residential projects shall be located and designed so the noise levels in private use areas does not exceed sixty Ldn. For new multiple-unit residential projects a standard of sixtyfive Ldn shall apply to outdoor areas excluding balconies.

d.

Noise from sources not under local jurisdiction such as freeways and aircraft shall be exempt.

e.

Developers of mixed-use projects that include residential development shall notify all potential residents that they may be exposed to noise from adjacent and nearby commercial, retail, entertainment, and circulation activity.

E.

Noise level measurement. The following provisions establish a means for measuring noise levels. Where these provisions conflict with other requirements of the Vallejo Municipal Code, the following shall remain applicable for purposes of the Zoning Code:

1.

Setting of Meter. Any sound or noise level measurement made pursuant to the provisions of this title shall be measured with a sound level meter using an A-weighting and "slow" response pursuant to applicable manufacturer's instructions, except that for sounds of a duration of two seconds or less, the "fast" response shall be used and the average level during the occurrence of the sound reported.

2.

Calibration of Meter. The sound level meter shall be approximately calibrated and adjusted as necessary by means of an acoustical calibrator of the coupler-type to assure meter accuracy within the tolerances set forth in American National Standards ANSI-SI.4-1971.

3.

Location of Microphone. All measurements shall be taken at any lot line of a lot within the applicable zoning district. The measuring microphone shall not be less than four feet above the ground, at least four feet distant from walls or other large reflecting surfaces and shall be protected from the effects of wind noises by the use of appropriate wind screens. In cases when the microphone shall be located within ten feet of walls or similar large reflecting surfaces, the actual measured distances and orientation of sources, microphone and reflecting surfaces shall be noted and recorded. In no case shall a noise measurement be taken within five feet of the noise source.

4.

Measured Sound Levels. The measurement of sound level limits shall be the average sound level for a period of one hour.

F.

Compliance. The director may require the applicant for a building permit, prior to the issuance of such permit, to submit such information with respect to proposed machinery, processes, products, or environmental impacts as may be necessary to demonstrate the ability of the proposed uses to comply with the requirements of this chapter.

1.

Acoustic studies that include assessment of noise levels and recommend mitigation measures shall be required for projects that are likely to be exposed to noise levels exceeding the standards in this chapter based on project location and surrounding uses.

2.

The California Land Use Compatibility standards for community noise environments published by the Governor's Office of Planning and Research shall be used as a basis for review of any new residential, commercial and mixed-use development.

3.

Whenever an environmental impact report has been submitted and determined to be adequate under state and city guidelines, no further information shall be required.

Chapter 16.503 - TRIP-REDUCTION MEASURES

These regulations are established to make Vallejo a more attractive and healthful place to live, work, visit, and do business by reducing traffic congestion, demand for parking and associated air pollution noise, fuel consumption. More specifically, the provisions of this chapter are intended to:

A.

Implement state requirements requiring cities to address greenhouse gas emissions contributing to climate change and general plan policies to decrease dependence on single-occupant vehicles by requiring development to incorporate measures to reduce Vehicle Miles Traveled (VMT);

B.

Improve the mobility and general efficiency of circulation and transportation systems by increasing reliance on public transit, ridesharing, walking, car-sharing, cycling and focusing development in areas close to transit and employment;

C.

Reduce traffic impacts within the community and region, vehicular air pollutant emissions, energy usage, and ambient noise levels through a reduction in the number of per capita vehicle miles traveled and management of traffic congestion;

D.

Inform residents, workers, employers and other business owners about travel options and the impacts of travel choices;

E.

Coordinate transportation system management, TDM, and transportation facility development strategies citywide, with other cities in the region and through regional agencies; and,

F.

Support local and regional efforts to relieve traffic congestion in and around the city.

G.

The requirements of this chapter apply to:

1.

New multi-unit development of ten units or more;

2.

New non-residential development of ten thousand square feet or more; and

3.

Employers with fifty or more employees at a single worksite within the city except for employers subject to Bay Area Air Quality Management District (BAAQMD) Regulation 13, Rule 1, Trip Reduction Requirements for Large Employers.

A.

All projects subject to the requirements of this chapter shall incorporate measures to reduce to the extent feasible single-occupant vehicle trip generation rates fifteen percent below the standard rates as established in the most recent edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual by promoting walking, cycling, public transit, and ridesharing/vanpooling, and/or discouraging single-occupant vehicle travel, ensure that the average VMT by residents or workers in the development, or students or workers in schools, is less than the average citywide VMT.

B.

Residential developments that obtain GreenTRIP Certification from TransForm, or other equivalent certification, prior to issuance of a certificate of occupancy, shall be deemed to have met this performance requirement.

C.

Vehicle Trip Reduction measures. all projects subject to the requirements of this chapter that do not have GreenTRIP or equivalent certification shall implement two or more of the following measures to achieve the required VMT reduction:

1.

Passenger Loading Zoning districts. Passenger loading zoning districts for carpool and vanpool drop-off located near the main building entrance.

2.

Direct Route to Transit. A well-lighted path or sidewalk utilizing the most direct route to the nearest transit or shuttle stop from the building.

3.

Pedestrian Connections. Safe, convenient pedestrian connections provided from the project to surrounding public streets and, if applicable, trails.

4.

Bicycle Connections. If a site is abutting a bicycle path, lane or route, provision of a bicycle connection close to an entrance to the building on the site.

5.

Land Dedication for Transit/Bus Shelter. Where appropriate, land dedicated for transit or a bus shelter provided based on the proximity to a transit route.

6.

Long-Term Bicycle Parking. Covered and secure long-term bicycle parking located within seventy-five feet of a main entrance. Long-term bicycle parking shall be in at least one of the following facilities:

a.

An enclosed bicycle locker;

b.

A fenced, covered, locked or guarded bicycle storage area; or

c.

A rack or stand inside a building that is within view of an attendant or security guard or visible from employee work areas.

7.

Short-Term Bicycle Parking. Secure short-term bicycle parking located within fifty feet of a main entrance to the building.

8.

Free Preferential Carpool and Vanpool Parking. Ten percent of vehicle spaces reserved for carpools or vanpools, with a minimum of one space required. The preferential parking spaces shall be provided free of charge.

9.

Showers/Clothes Lockers. Shower and clothes locker facilities free of charge.

10.

Transportation Management Association (TMA). Participation in or requirement for tenant to participate in a local or citywide TMA or a similar organization approved by the director of the department of public works, that provides ongoing administration of and support for non-auto and shared mobility commute incentives, facilities, and services.

11.

Paid Parking at Prevalent Market Rates. Parking provided at a cost equal to the prevalent market rate, as determined by the city based on a survey of paid parking in the city and adjacent communities.

12.

Alternative Commute Subsidies/Parking Cash Out. Provide employees with a subsidy, determined by the applicant and subject to review by the traffic engineer, if they use transit or commute by other alternative modes.

13.

Carpool and Vanpool Ride-Matching Services. Matching of potential carpoolers and vanpoolers by administering a carpool/vanpool matching program or participating actively in such a program administered by a local or citywide TMA, the city, or other public agency.

14.

Guaranteed Ride Home. Guaranteed rides home in emergency situations for carpool, vanpool and transit riders. Rides shall be provided either by a transportation service provider (taxi, rental car, or services provided by transportation network/ride sharing companies) or an informal policy using company vehicles with designated employee drivers.

15.

Shuttle Program. Provision of a shuttle program or participation in an existing shuttle program approved by the traffic engineer and subject to any fees for the existing program.

16.

Information Boards/Kiosks. Display of the following information in a prominent location, maintained by a designated TDM contact: transit routes and schedules; carpooling and vanpooling information; bicycle lanes, routes and paths and facility information; and alternative commute subsidy information.

17.

Promotional Programs. Promotion and organization of events for the following programs: new tenant and employee orientation packets on transportation alternatives; flyers, posters, brochures, and emails on commute alternatives; Spare the Air (June through October); Rideshare Week (October); and trip planning assistance routes and maps.

18.

Compressed Work Week. Allow employees or require tenants to allow employees to adjust their work schedule in order to complete the basic work requirement of five eight-hour workdays by adjusting their schedule to reduce the number of days per week employees are expected or required to be on-site, thereby reducing the number of vehicle trips to the worksite.

19.

Flextime. Provide or require tenants to provide employees with staggered work hours involving a shift in the set work hours of all employees at the workplace or flexible work hours involving individually determined work hours, such that a substantial share of employees regularly arrive at and depart from the worksite before or after the a.m. and p.m. peak periods for vehicle travel.

On-Site Amenities. One or more of the following amenities provided on site: day care, cafeteria, limited food service establishment, dry cleaners, exercise facilities, convenience retail, post office, or on-site transit pass sales.

21.

Telecommuting. Provide or require tenants to provide opportunities and the ability for employees to work off site.

22.

Other Measures. Additional measures not listed in this article, such as childcare facilities or an in-lieu TDM fee established by the city council to provide funding for multi-modal access facilities and services, and/or transportation and parking demand management programs.

All projects subject to the requirements of this chapter shall submit a trip reduction plan in conjunction with the development review or use permit application. These plans shall demonstrate that, upon implementation, they will achieve the performance requirement and shall include the following:

A.

Checklist. A completed checklist of the trip reduction measures chosen by the applicant pursuant to Subsection 16.503.02.C, Vehicle Trip Reduction Measures.

B.

Trip Generation. Estimated daily trip generation for the proposed use based on the ITE trip generation rates and the reductions anticipated with implementation of the measures proposed. The traffic engineer, a citywide TMA, or a consulting traffic engineer retained by the city at applicants' expense shall maintain guidelines and checklists for evaluation of trip reduction potential of proposed measures and make these available to applicants.

C.

Implementation Plan. A description of how the performance requirements will be achieved and maintained over the life of the project.

D.

Project-Designated TDM Contact. Designation of an employee or resident as the official contact for the TDM program. The city shall be provided with a current name and phone number of the project-designated TDM contact who administers carpool and vanpool ride-matching services and promotional programs, updates information on the information boards/kiosks, and is the official contact for the administration of the programs.

E.

Site Plan. A site plan that designates TDM design elements including, as applicable, the location and layout/design of:

1.

External: preferential parking areas, paid parking areas, bicycle connections, bicycle parking, location of on-site amenities, passenger loading areas, land dedicated for transit facilities and bus shelters, direct route to transit, and pedestrian connections.

2.

Internal: showers/lockers, information boards/kiosks, ATM, dry cleaners, day care, convenience retail, post office, cafeteria, limited food service establishment, exercise facilities, and on-site transit pass sales.

F.

Approval Required. Prior to approval of a project subject to the requirements of this chapter, the director or the planning commission, whichever has review authority, shall make both of the following findings:

1.

The proposed trip reduction measures are feasible and appropriate for the project, considering the proposed use or mix of uses and the project's location, size, and hours of operation; and

2.

The proposed vehicle trip reductions will ensure that the performance targets of this chapter will be achieved and maintained.

G.

Monitoring and Reporting. A report, documenting the TDM activities undertaken and their results or an affidavit confirming that the requirements of this chapter have been met, shall be submitted to the director by the designated TDM contact. If the TDM measures consist of solely measures that would be performed once, this report shall be submitted at the completion of the implementation of those measures.

1.

For measures that are ongoing commitments, this report shall be submitted annually. If the annual report shows compliance for three consecutive years, no further annual reports are required.

2.

A five-year review may be required by the director or citywide TMA to evaluate the overall effectiveness of all of the TDM activities and may suggest new or modified activities or substitute activities to meet the program's objectives, per the director's or TMA's review and approval.

3.

The director may impose reasonable changes to assure the program's objectives will be met. All employers shall, upon the city's request, provide the city with information about the number of employees who work at worksites located within the city.

H.

Modifications and Revisions.

1.

Minor Modifications. The director may approve minor modifications to an approved TDM plan that are consistent with the original findings and conditions approved by the review authority and would result in the same target minimum alternative mode use.

2.

Revised Plans. A proposed change in an approved project subject to the requirements of this article that would result in a ten percent increase in the number of average daily vehicle trips shall be accompanied by a statement of what modifications or additions to the approved TDM plan will be made to ensure the same target alternative mode use. The director may conditionally approve such a change, subject to annual monitoring to confirm that the program's objectives are being met.

Chapter 16.504 - LANDSCAPING

The purpose of these provisions is to establish standards for landscaping that will:

A.

Improve the livability and visual character of the city,

B.

Help to protect the natural environment by reducing pavement, increasing permeable surfaces, and improving air quality, provide shade, reduce heat and heat island effect, and control erosion,

C.

Increase compatibility between residential and abutting commercial and industrial land uses, screen and buffer incompatible land uses,

D.

Improve the overall aesthetic quality of neighborhoods and commercial corridors,

E.

Enhance pedestrian and vehicular traffic and safety,

F.

Establish consistent standards for landscaping for new development as well as to provide a means for upgrading existing landscaping when property improvements are proposed.

G.

The provisions of this chapter apply to all land uses as follows:

1.

New development. Projects proposing new nonresidential and residential development shall provide landscaping in compliance with the requirements of this chapter except for new single-unit homes on existing lots as stated in Subsection 4 below.

2.

Existing development. Any application for approval of any permit for physical alterations and additions to a building or site in an existing development shall comply with the applicable landscaping and irrigation requirements of this chapter as determined by the Review Authority. Alterations that only require zoning compliance review, pursuant to Chapter 16.603, Zoning Compliance Review are not required to meet the requirement of this chapter unless the review authority determines that existing landscaping required as a condition of planning approval is not being maintained.

3.

New occupancy, tenant improvements, and changes in use. New tenant improvements, and renovations of existing commercial and other non-residential properties may include conditions of approval requiring compliance with specific landscaping and irrigation requirements of this chapter if existing landscaping is not being maintained.

4.

Single-unit dwellings. Projects involving new construction of only one single-unit dwelling or an addition to an existing single-unit dwelling with more than five thousand square feet of landscape area will be required to submit landscape and irrigation plans and meet other applicable standards of this chapter. All streetfacing yards of such properties shall also be landscaped in compliance with this chapter.

5.

Alternatives to requirements. Modifications to the standards of this chapter may be approved by the appropriate review authority to accommodate alternatives to required landscape materials or methods, where it is first determined that the proposed alternative will be equally effective in achieving the intent of this chapter.

Landscaping shall be provided in the following locations:

A.

Setbacks. All setback and open space areas proposed to meet the requirements of this code and which are visible from public streets and easements for utilities and drainage courses except:

1.

Utility and drainage easements occupied by structures or paving;

2.

Required setbacks that are screened from public view;

3.

An area proposed to be retained in its natural state where the review authority has determined additional landscaping is not necessary;

4.

Parking lots;

5.

Other situations when the director or planning commission determines that landscaping is not necessary to achieve the purposes of this chapter.

B.

Unused areas. Any areas of a project site that are not proposed or occupied by a specific use, including pad sites in office parks, retail centers, or industrial sites intended for future development, shall be landscaped unless the director determines that landscaping is not necessary.

Landscaping shall be designed to integrate all elements of the project (e.g., buildings, parking lots, and streets) to achieve their aesthetic objectives, create desirable micro-climates, and minimize water and energy demand with plant materials selected for low water demand and drought tolerance.

A.

Landscape Principles. Landscaping plans shall be developed in accordance with the following principles:

1.

Landscaping shall be in scale with buildings on the site and surrounding development. Plantings shall be selected and located to avoid conflicts with views, lighting, infrastructure, utilities, and signage.

2.

Landscaping shall be designed to provide a safe and attractive pedestrian environment in high activity areas in the downtown, along neighborhood and community corridors and in the waterfront areas.

3.

Artwork and other streetscape elements shall be incorporated into the landscape design to improve the appearance and appeal of the community.

4.

Drought-Tolerant/Native Species. Landscape design and construction shall emphasize drought-tolerant and/or native species whenever possible.

5.

Group Plantings. Tree and shrub plantings should be grouped together in order to create a strong unified character.

6.

Inorganic Groundcover or Bark. When inorganic groundcover or bark is used, it shall be in combination with live plants and shall be limited to an accent feature such as an accent plant, art, furniture, or water feature, or mulch. Trees shall be installed in conformity with this chapter.

7.

Maturity. Landscaping should be sized so that it has a mature appearance and fills in its location on the plan within six years of planting.

8.

Landscaped Building Edges. An attractive landscape edge should be established at the base of buildings. Avoid paved edges at the base of structures as much as possible.

9.

Size of Plant Materials. The sizes of plant materials selected shall be limited to those which have the best chance of survival for a minimum of three years. The use of specimen trees is encouraged in certain situations when the survival of that tree can be assured.

10.

Wall Plantings. Walls six feet or higher shall be planted with vines and shrubs to provide shadow and patterns, and to discourage graffiti. Trellises are encouraged.

11.

Walkways. A system of walkways independent of driveways shall provide safe pedestrian access from public rights-of-way to every dwelling unit and to all commonly used open spaces. Walkways shall have a minimum width of four feet.

B.

Water-efficient landscape requirements. Applicable landscape and irrigation plans shall comply with the requirements and guidelines for water efficient landscape in Section 16.504.09, Water-Efficient Landscape Requirements.

C.

Energy conservation and sustainable design. Plans shall locate landscape elements in a manner that maximizes energy conservation such as using large trees to provide daytime shading for buildings to reduce the amount of energy needed for air conditioning.

1.

Landscape plans shall be designed to take account of natural drainage patterns and reduce pervious surfaces to minimize runoff.

2.

Landscaped planters shall have a minimum interior width of five feet or more measured from the inside of any bordering curb or wall.

3.

Hardscape areas shall only be used as necessary to provide pedestrian circulation through required landscape areas.

D.

Minimum Landscaping Required. A minimum area of each site shall be landscaped in compliance with Table 16.504-A: Landscape Requirements, in addition to any parking lot landscaping that this chapter requires.

E.

General requirements.

1.

Plant materials.

a.

Trees.

i.

All trees shall be a minimum size of twenty-four-inch box except for trees in hillside areas, which may be a mix of sizes with a minimum size of fifteen-gallon containers.

ii.

Root barriers shall be provided for trees in planters less than ten feet in width or located within five feet of a permanent structure.

b.

Shrubs. All shrubs shall be a minimum size of five-gallon containers; and

c.

Groundcover. Ground cover shall be live plant materials, except that bark chips, pebbles, stone, gravel, and similar materials may be allowed up to fifteen percent of the total required landscape area.

i.

Non-turf areas (e.g., shrub beds) shall be top dressed with bark chips, mulch, or approved alternative.

ii.

Live plant materials used as groundcover shall provide one hundred percent coverage within two years.

d.

Turf.

i.

No more than twenty-five percent of the total landscaped area shall be planted with turf;

ii.

No planting areas less than eight feet in width or on any slope more than fifteen percent shall be planted with turf; and

iii.

A level buffer zone of eighteen inches shall be provided between turf areas on berms and any hardscape such as streets, walkways, or similar features.

e.

Drought tolerant canopies, deciduous vines, and trellises shall be incorporated to shade south and westward facing walls.

2.

Native species and natural areas shall be protected and preserved where possible.

a.

Landscape materials within a required traffic safety visibility area shall meet the requirements of Section 16.501.11, Visibility at Intersections, Alleys, and Driveways.

3.

Front yard landscaping, residential lots.

a.

No more than fifty percent of the front yard setback shall be covered by nonporous surfaces, such as concrete, brick or asphalt, for driveways and walkways.

b.

Of the remaining portion of front setback, no more than thirty percent shall be covered by decorative nonliving materials such as sand, stone, gravel, wood or water. Landscaping of front yard setbacks shall be completed within six months of occupancy.

F.

Street trees. At least one street tree of a species and size specified in this chapter or as approved by the review authority shall be planted at a minimum interval of fifty feet in residential districts and thirty feet in non-residential zoning districts. Trees shall be at least five feet in height when planted.

G.

Soil testing and preparation.

1.

A soil test for horticultural suitability shall be required at the time of landscape installation in each landscaped area.

2.

Soil shall be prepared and/or amended to be suitable for the plant materials to be installed.

H.

Irrigation System Requirements. All landscaped areas shall include an automatic irrigation system, designed and installed in compliance with this chapter.

I.

Root barriers shall be provided for trees in planters less than ten feet in width or located within five feet of a permanent structure.

Landscaping of parking areas shall be provided and maintained according to the following requirements as well as the standards except for single-unit dwellings and duplexes.

A.

Landscape Area Required. A minimum of ten percent of the interior of any parking lot area shall be landscaped. This is in addition to and separate from the fifty percent shade tree requirement.

B.

Minimum Planter Dimension. No landscape planter that is to be counted toward the required landscape area shall be smaller than twenty-five square feet in area, or four feet in any horizontal dimension, excluding curbing.

C.

Layout. Landscaped areas shall be well-distributed throughout the parking lot area. Parking lot landscaping may be provided in any combination of:

1.

Landscaped planting strips at least four feet wide between rows of parking stalls;

2.

Landscaped planting strips between parking areas and adjacent buildings or internal pedestrian walkways;

Landscaped islands located between parking stalls or at the ends of rows of parking stalls; and,

4.

On-site landscaping at the parking lot perimeter.

D.

Required Landscaped Islands and Buffers.

1.

Landscaped islands. A landscaped island that is at least four feet wide and nine feet long (the length of a parking stall) and containing at least one fifteen-gallon-size tree shall be provided at each end of each interior row of parking stalls and between every eight consecutive parking stalls.

2.

Landscaped Buffer for Open Parking Adjacent to Right-of-Way. A landscaped area at least four feet wide excluding the curb shall be provided between any surface parking area and any property line adjacent to a public street, unless a different dimension is specified in the base district standards applicable to a site.

3.

Landscaped Buffer for Open Parking Abutting Interior Lot Line. A landscaped area at least four feet wide excluding the curb shall be provided between any surface parking area and any adjacent lot for the length of the parking area.

4.

Landscaped Buffer for Parking Garages. A parking garage that does not incorporate ground-floor nonresidential or residential use or is not otherwise screened or concealed at street frontages on the ground level, shall provide a landscaped area at least ten feet wide between the parking garage and the adjacent sidewall or public street.

E.

Parking Garage Rooftop Planting. Uncovered parking on the top level of a parking structure shall have rooftop planters with a minimum dimension of thirty-six inches around the entire perimeter of the top floor.

F.

Trees.

1.

Number Required. One for every eight parking spaces.

2.

Distribution. Trees shall be distributed relatively evenly throughout the parking area.

3.

Species. Shade tree species shall be selected from a list maintained by the department of public works. The tree species shall vary.

4.

Size. All trees shall be a minimum fifteen-gallon size with a one-inch diameter at forty-eight inches above natural grade.

5.

Minimum Planter Size. Any planting area for a tree shall have a minimum interior horizontal dimension of five feet. Additional space may be required for some tree species.

6.

Perimeter Landscaping. All surface parking areas shall be screened from the street and adjoining properties, and the open areas between the property line and the street right-of-way shall be landscaped as follows, unless otherwise approved by the director based on the growth characteristics and maintenance practices for the proposed plant materials:

a.

Adjacent to Streets.

i.

Parking, except for single unit or duplex residential units, shall not be located within the required setback areas and the setback areas shall be landscaped;

ii.

Landscaping shall be designed and maintained to screen cars from view from the street pursuant to (I) and in accordance with the setback requirements;

iii.

Shade trees shall be provided at a minimum rate of one tree for every thirty linear feet of landscaped area.

7.

Adjacent to Side or Rear Property Lines. Parking areas for non-residential uses shall provide a perimeter landscaped strip at least five feet wide (inside dimension) where the parking area adjoins a side or rear property line. The requirement for a landscape strip may be satisfied by a setback or buffer area that is otherwise required to be five feet or greater. Trees shall be provided at the rate of one for each thirty linear feet of landscaped area.

8.

Adjacent to Structures. Parking areas located adjacent to nonresidential structures shall provide a minimum five-foot-wide landscape strip (inside dimension) adjacent to the structure or walkways, exclusive of building entries or areas immediately adjacent to the wall of the structure that serves as pedestrian access.

9.

Adjacent to Residential uses. Parking areas for nonresidential uses adjoining residential uses shall provide a five-foot-wide landscape buffer between the parking area and the common property line bordering the residential use to buffer glare, light, or nuisance noise. Pedestrian access shall be provided, as appropriate. Trees shall be provided at a rate of one for each thirty linear feet of landscaped area.

G.

Protection of Vegetation.

1.

Clearance from Vehicles. All required landscaped areas shall be designed so that plant materials, at maturity, are protected from vehicle damage by providing a minimum two-foot clearance of low-growing plants where a vehicle overhang is permitted, or by wheel stops set a minimum of two feet from the back of the curb.

2.

Planters. All required parking lot landscaping shall be within planters bounded by a concrete curb at least six inches wide and six inches high. Curbs separating landscaped areas from parking areas shall be designed to allow stormwater runoff to pass through.

H.

Visibility and Clearance. Landscaping in planters at the end of parking aisles shall not obstruct driver's vision of vehicular and pedestrian cross-traffic. Mature trees shall have a foliage clearance maintained at thirteen feet from the surface of the parking area to the lowest portion of the canopy. Other plant materials located in the interior of a parking lot shall not exceed thirty inches in height. The provisions of Section 16.501.11, Visibility at Intersections, Driveways, and Alleys, the requirements of Section 16.501.11 shall apply.

I.

Screening. Parking areas shall be screened from view from public streets and adjacent lots in a more restrictive district, according to the following standards.

1.

Height. Screening of parking lots from adjacent public streets shall be four feet in height. Screening of parking lots along interior lot lines that abut residential zoning districts shall be six feet in height, except within the required front setback of the applicable zoning district, where screening shall be three feet in height.

2.

Materials. Screening may consist of one or any combination of the methods listed below.

a.

Walls. Low-profile walls consisting of brick, stone, stucco, or other quality durable material approved by the director and including a decorative cap or top finish as well as edge detail at wall ends. Plain concrete blocks are not allowed as a screening wall material unless capped and finished with stucco or other material approved by the director.

b.

Fences. An open fence of wrought iron or similar material combined with plant materials to form an opaque screen. Use of chain-link or vinyl fencing for screening purposes is prohibited.

c.

Planting. Plant materials consisting of compact evergreen plants that form an opaque screen. Such plant materials shall achieve a minimum height of two feet within eighteen months after initial installation.

d.

Berms. Berms planted with grass, ground cover, or other low-growing plant materials.

16.504.05 - Special regulations applicable to landscaping along designated scenic highways.

In reviewing landscape plans, the minimum landscaping requirements of this chapter may be:

A.

Uses which by their nature will detract from the scenic qualities of a particular designated route should be screened as much as practicable.

B.

Landscaping should not obstruct significant views and shall be compatible with the natural landscaping of the site.

16.504.06 - Streetscape landscaping along major arterials or corridors.

A.

New or existing development: Landscaping and irrigation systems on private developments along major arterials or corridors shall be installed as follows, unless reduced by the director.

1.

For projects where the building is set-back from the street: New and existing development shall incorporate a minimum of eight-foot wide landscape strip along the length of the parcel in compliance with the applicable city street standard identified by the city engineer.

2.

Landscaping shall be a combination of ground cover, year round shrubs and at least one street tree per every thirty feet of linear feet.

3.

Existing development shall remove unused driveways, remove and replace deteriorated bollards, lighting and site equipment.

4.

Streetscape Planting. Streetscape planting shall occur on properties along all freeways and major arterials or corridors in order to define and separate development projects. This landscaping shall be compatible with screening requirements set forth in Chapter 16.505, Fencing, Walls and Screening.

16.504.07 - Tree protection.

A.

Preserving Trees During Construction. The following measures are required to protect trees during construction in addition to any that may be recommended by an arborist hired by the applicant and imposed as a condition of approval:

1.

Tree Inventory. Identify trees to be preserved on a tree inventory plan with type of tree and condition prior to construction, or permit submittal or as part of entitlements, whichever is first.

2.

Existing Trees. Existing mature trees shall be preserved in non-residential zoning districts if they are over twenty-four inches in diameter measured feet six inches above natural grade. However, trees meeting the above criteria may be removed on a limited basis with the permission of the director upon submittal of an arborist's report which determines that the tree is in poor health and not likely to survive; if the trees constitute a high fire hazard or a threat to persons, structures, or property; or, if they impede public works projects. Trees to be removed shall be shown on the landscaping and irrigation plan and detailed on a tree inventory chart. The arborist's report shall provide guidance on the following requirements:

a.

Construct fencing around the drip line of each tree or group of trees to be retained;

b.

No fill, grading, or construction shall be permitted within the drip line of any tree (or within six feet of the trunk, whichever is greater) designated for preservation except as may be recommended by an arborist or forester.

c.

Trenching shall be prohibited within the tree drip line, and any required utility line within the tree drip line shall be installed by boring or drilling through the soil. Where necessary for access in the vicinity of trees designated for preservation, paving within the drip line shall use porous materials such as gravel, loose boulders, cobbles, wood chips, or bark mulch.

d.

As an option, establish an incentive program in the construction contract to encourage workers, particularly bulldozer drivers, to maximize caution when working near trees (such as a fine for each damaged tree or subtract the fine from a bonus to be divided among all construction workers at the end of the project).

e.

Alternate methods to the standards above that are recommended by the arborist may be implemented.

B.

Removal of Trees. The director may approve the removal of trees based on a determination that there is no feasible alternative design for developing the site and based on report and recommendation by a qualified arborist submitted by the applicant including information as to whether:

1.

The tree is in poor health and cannot be saved;

2.

The tree is a public nuisance, causing damage to public utilities or streets and sidewalks that cannot be mitigated by some other means (such as root barriers etc.);

3.

The tree is in danger of falling and cannot be saved by some other means (such as pruning);

4.

The tree is damaging existing private improvements on the lot (e.g., building foundation, wall, patio, deck, roof, retaining wall, etc.);

5.

The tree species has been identified as fire prone including Blue gum eucalyptus (Eucalyptus globulus), Monterey pines (Pinus radiata), Juniper (Cupressaceous) Tree of Heaven (Ailanthus altissima), Black acacia (Acacia melanoxylon), and bamboo and is located within one hundred feet of structures; or

6.

The tree species is known to develop weaknesses that affect its health or the safety of people and property (e.g., short-lived, weak-wooded and subject to limb breakage, shallow-rooted and subject to toppling).

C.

Replacement of Significant Trees Required. Trees shall be replaced at a ratio of at least three new trees for every tree removed except for the fire-prone species identified above. The minimum size of a replacement tree shall be fifteen gallons. Exception to this requirement may be approved by the director when site conditions warrant. Replacement trees shall be planted in the following order of priority:

1.

On the project site;

2.

On any adjacent property subject to approval of the owner; or

3.

In the public right-of-way adjacent to the property subject to approval of the director of public works.

A.

Maintenance Required. All landscaping shall be permanently maintained in a healthy and thriving condition at all times, in compliance with the approved landscape plan. Irrigation systems and their components shall be maintained in a fully functional manner consistent with the original approved design or upgraded to reflect current best practices for water efficiency. Regular maintenance shall include:

1.

Adjusting, checking, and repairing irrigation equipment; resetting automatic controllers; aerating and dethatching turf areas; adding/replenishing fertilizer, mulch, soil amendments; insect control; the replacement of dead or diseased plants; pruning; watering; and weeding all landscaped areas;

2.

The trimming of vegetation as necessary to maintain the effective functioning of solar energy facilities and passive solar design features installed both on site and on adjacent properties; and

3.

The trimming of vegetation as necessary to keep pedestrian and bicycle paths clear.

B.

Litter shall be removed from all landscaped areas in a timely fashion;

C.

Turf areas shall be mowed on a regular basis and be kept green. Accumulation of leaves, twigs, bark, and other similar materials shall be removed on a regular basis. Planting areas shall be kept free of weeds at all times.

D.

Landscaping maintenance shall include:

1.

Pruning, cultivating, weeding, fertilizing, replacement of plants, and watering on a regular basis;

2.

Pruning or removal of overgrown vegetation, cultivated or uncultivated, that may harbor rats, vermin or other nuisances, or otherwise be detrimental to neighboring properties; and

3.

The removal of dead, decayed, diseased, or hazardous trees, weeds and debris that create an unsightly appearance and may be dangerous to public safety and welfare or detrimental to neighboring properties or property values. Compliance shall be by removal, replacement, or maintenance.

4.

Landscaping (trees, shrubs, ground cover, turf, etc.) which, due to accident, damage, disease, lack of maintenance, or other cause, fails to show a healthy appearance and growth, shall be replaced. Replacement plants shall conform to all standards that govern the original planting installation, approved landscaping plan, or as approved by the director.

A.

Purpose and Applicability: The purpose of these provisions is to maintain consistency with Section 2 of Article X of the California Constitution which specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served and the right does not and shall not extend to waste or unreasonable method of use. These provisions:

1.

Promote the values and benefits of landscaping practices that integrate and go beyond the conservation and efficient use of water;

2.

Establish a structure for planning, designing, installing, maintaining and managing water efficient landscapes in new construction and rehabilitated projects by encouraging the use of a watershed approach that requires cross-sector collaboration of industry, government and property owners to achieve the many benefits possible;

3.

Establish provisions for water management practices and water waste prevention for existing landscapes;

4.

Use water efficiently without waste by setting a maximum applied water allowance as an upper limit for water use and reduce water use to the lowest practical amount;

5.

Promote the benefits of consistent landscape ordinances with neighboring local and regional agencies;

6.

Encourage use of economic incentives that promote the efficient use of water, such as implementing a tiered-rate structure; and

7.

Encourage cooperation between the city and local agencies to implement and enforce these regulations.

B.

Landscapes that are planned, designed, installed, managed and maintained with the watershed-based approach can improve California's environmental conditions and provide benefits and realize sustainability goals. Such landscapes will make the urban environment resilient in the face of climatic extremes. Consistent with the legislative findings and purpose of the regulations, conditions in the urban setting will be improved by:

1.

Creating conditions to support life in the soil by reducing compaction, incorporating organic matter that increases water retention, and promoting productive plant growth that leads to more carbon storage, oxygen production, shade, habitat and aesthetic benefits

2.

Minimizing energy use by reducing irrigation water requirements, reducing reliance on petroleum-based fertilizers and pesticides, and planting climate appropriate shade trees in urban areas.

3.

Conserving water by capturing and reusing rainwater and graywater wherever possible and selecting climate appropriate plants that need minimal supplemental water after establishment.

4.

Protecting air and water quality by reducing power equipment use and landfill disposal trips, electing recycled and locally sourced materials, and using compost, mulch and efficient irrigation equipment to prevent erosion.

Protecting existing habitat and creating new habitat by choosing local native plants, climate adapted nonnatives and avoiding invasive plants. Utilizing integrated pest management with least toxic methods as the first course of action.

C.

Applicability. As required by Executive Order No. B-29-15, these regulations shall apply to all of the following landscape projects:

1.

New development. New construction projects with an aggregate landscape area equal to or greater than five hundred square feet requiring a building or landscape permit, plan check or design review;

2.

Rehabilitated landscapes. Rehabilitated landscape projects with an aggregated landscape area equal to or greater than two thousand five hundred requiring a building or landscape permit, plan check, or design review;

3.

Existing landscapes. Existing landscapes limited to Section 16.504.13, Water-Efficient Landscape Reporting; and

4.

Cemeteries. Recognizing the special landscape management needs of cemeteries, the requirements for new and rehabilitated cemeteries shall be determined by the director, as appropriate.

5.

Any project with an aggregate landscape area of two thousand five hundred square feet or less may comply with the performance requirements of in these regulations or conform to the prescriptive measures contained in Appendix D of the Water Efficient Landscape Ordinance maintained in the planning division office.

6.

For projects using treated or untreated graywater or rainwater captured on site, any lot or parcel within the project that has less than two thousand five hundred square feet of landscape and meets the lot or parcel's landscape water requirement (estimated total water use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to Appendix D Section (5) of the Water Efficient Landscape Ordinance maintained in the planning division office.

D.

These regulations do not apply to:

Registered local, State or federal historical sites;

2.

Ecological restoration projects that do not require a permanent irrigation system;

3.

Mined-land reclamation projects that do not require a permanent irrigation system; or

4.

Existing plant collections, as part of botanical gardens and arboretums open to the public.

E.

Landscape Review Permit And Procedures: Landscape review applications for a project subject to Section 16.504.09, Water Efficient Landscape Requirements and based on Subsection C, applicability, shall not be approved until plans and written material showing how the landscaping requirements are to be met have been reviewed and approved.

1.

General Requirements. Prior to construction, the city shall:

a.

Provide the project applicant with these regulations and procedures for permits, plan checks, or design reviews including the Appendices;

b.

Review the landscape documentation package submitted by the project applicant;

c.

Approve or deny the landscape documentation package;

d.

Approve the plan check or design review for the project applicant; and

e.

Upon approval of the landscape documentation package, submit a copy of the water efficient landscape worksheet to the water division.

2.

Plan preparation. Landscape plans shall be prepared by a licensed landscape architect or other person qualified by education and experience to prepare landscape plans.

3.

Plan content. The degree of specificity of landscape plans and written material shall relate to the type of permit or request for approval being sought. All plans shall:

a.

Include all of the information and materials listed on a handout for landscape and irrigation plans available from the city; and

b.

Meet the intent of this chapter by exhibiting a generalized design layout which adequately demonstrates the desired landscaping program in terms of location of proposed landscaping and hardscape, a

generalized plant palette with the location, size, and name of proposed plants and trees (both common and botanical), fencing location and materials, and any additional information as required by the director; and.

c.

Provide a clear understanding of the character, massing, and site compatibility of the landscaping program; and

d.

Conform to all water-efficient landscape requirements.

4.

Changes to approved plans. Changes to approved landscaping or irrigation plans shall not be made without prior written approval of the director.

5.

Compliance with required plans. The construction/installation of landscape and irrigation improvements shall be accomplished in compliance with the approved plans as a prerequisite to any final approval/clearance of the use or development to which it relates.

F.

Plan Application Requirements

1.

Submittal of landscape documentation package. Prior to construction, the project applicant shall submit a landscape documentation package to the city that includes the following elements:

a.

Project information:

i.

Date;

ii.

Project applicant;

iii.

Project address [if available, parcel and/or lot number(s)];

iv.

Total landscape area (square feet);

v.

Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed);

vi.

Water supply type (e.g., potable, recycled, well) and identify the water division if the applicant is not served by a private well;

vii.

Checklist of all documents in landscape documentation package;

viii.

Project contacts to include contact information for the project applicant and property owner;

ix.

Applicant signature and date with statement, "I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Documentation Package".

b.

Water-efficient landscape worksheet.

i.

Hydrozone information table;

ii.

Water budget calculations: Maximum applied water allowance (MAWA) and Estimated total water use (ETWU).

c.

Soil management report.

d.

Landscape design plan.

e.

Irrigation design plan.

f.

Grading design plan.

2.

Applicant Requirements. Upon approval of the landscape documentation package by the planning division, the project applicant shall:

a.

Receive approval of the plan check or design review and record the date of the permit in the certificate of completion;

b.

Submit a copy of the approved landscape documentation package along with the record drawings, and any other information to the property owner or his/her designee; and

c.

Submit a copy of the water efficient landscape worksheet to the water division.

G.

Specific Requirements For Landscape Documentation Package

1.

Water efficient landscape worksheet.

a.

A project applicant shall complete the Water Efficient Landscape Worksheet in Appendix B which contains information on the plant factor, irrigation method, irrigation efficiency, and area associated with each hydrozone. Calculations are then made to show that the evapotranspiration adjustment factor (ETAF) for the landscape project does not exceed a factor of 0.55 for residential areas and 0.45 for non-residential areas, exclusive of special landscape areas.

i.

The ETAF for a landscape project is based on the plant factors and irrigation methods selected.

ii.

The maximum applied water allowance is calculated based on the maximum ETAF allowed (0.55 for residential areas and 0.45 for non-residential areas) and expressed as annual gallons required.

iii.

The estimated total water use (ETWU) is calculated based on the plants used and irrigation method selected for the landscape design. ETWU must be below the MAWA.

iv.

In calculating the maximum applied water allowance and estimated total water use, a project applicant shall use the ETo values from the Reference Evapotranspiration Table in Appendix A. For Vallejo, use data from other cities in Solano County.

b.

Water budget calculations shall adhere to the following requirements:

i.

The plant factor used shall be from WUCOLS or from horticultural researchers with academic institutions or professional associations as approved by the California Department of Water Resources (DWR). The plant factor ranges from 0 to 0.1 for very low water using plants, 0.1 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants.

ii.

All water features shall be included in the high-water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone.

iii.

All special landscape areas shall be identified, and their water use calculated as shown in Appendix B. ETAF for new and existing (non-rehabilitated) special landscape areas shall not exceed 1.0.

iv.

ETAF for special landscape areas shall not exceed 1.0.

c.

Maximum applied water allowance. The maximum applied water allowance shall be calculated using the equation:

• MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)] Where:

• MAWA = Maximum Applied Water Allowance (gallons per year)

• ETo = Reference Evapotranspiration (inches per year)

• 0.62 = Conversion Factor (to gallons)

• 0.7 = ET Adjustment Factor (ETAF)

• LA = Landscape Area including SLA (square feet)

• 0.3 = Additional Water Allowance for SLA

• SLA = Special Landscape Area (square feet)

Examples of how to use this calculation are provided in Appendix A.l of the Water Efficient Landscape Ordinance maintained in the planning division office.

d.

Estimated Total Water Use. The estimated total water use shall be calculated using the equation below. The sum of the estimated total water use calculated for all hydrozones shall not exceed MAWA.

Where:

• ETWU = Estimated Total Water Use per year (gallons)

• Eto = Reference Evapotranspiration (inches)

• PF = Plant Factor from WUCOLS (see Part VII General Terms )

• HA = Hydrozone Area [high, medium, and low water use areas] (square feet)

• SLA = Special Landscape Area (square feet)

• 0.62 = Conversion Factor

• IE = Irrigation Efficiency (minimum 0.71)

Examples of how to use this calculation are provided in Appendix A.l of the Water Efficient Landscape Ordinance maintained in the planning division office.

2.

Soil Management Report. In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or his/her designee, as follows:

a.

Submit soil samples to a laboratory for analysis and recommendations. Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the

intended plants.

b.

The soil analysis shall include:

i.

Soil texture;

ii.

Infiltration rate determined by laboratory test or soil texture infiltration rate table;

iii.

pH;

iv.

Total soluble salts;

v.

Sodium;

vi.

Percent organic matter; and

vii.

Recommendations.

c.

In projects with multiple landscape installations (i.e. production home developments) a soil sampling rate of one in seven lots or approximately fifteen percent will satisfy this requirement. Large landscape projects shall sample at a rate equivalent to one in seven lots.

3.

Landscape Design Plan. To ensure efficient use of water, a landscape plan shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the landscape documentation package.

a.

Plant material. Any plant not within a "required landscaped area," may be selected for the landscape, providing the estimated total water use in the landscape area does not exceed the maximum applied water

allowance. Plants to be located within a required landscaped area must be of a drought tolerant variety. Methods to achieve water efficiency shall include one or more of the following:

i.

Protection and preservation of native species and natural vegetation;

ii.

Selection of water-conserving plant, tree and turf species, especially local native plants;

iii.

Selection of plants based on local climate suitability, disease and pest resistance;

iv.

Selection of street trees based on city of Vallejo approved street tree list and size at maturity as appropriate for the planting area;

v.

Selection of plants from local and regional landscape program plant lists.

vi.

Selection of plants from local Modification Plan Guidelines.

b.

Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in Section 16.504.11, Irrigation Standards.

c.

Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. Methods to achieve water efficiency shall include one or more of the following:

i.

Use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate;

ii.

Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure (e.g., buildings, sidewalks, power lines); and

iii.

Consider the solar orientation for plant placement to maximize summer shade and winter solar gain.

iv.

Turf is not allowed on slopes greater than twenty-five percent where the toe of the slope is adjacent to an impermeable hardscape and where twenty-five percent one foot of vertical elevation change for every four feet of horizontal length (rise divided by run x 100 = slope percent).

d.

Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure [e.g. buildings, sidewalks, power lines]; allow for adequate soil volume for healthy root growth and

e.

High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians.

f.

A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches. Refer to the local fuel modification plan guidelines.

g.

The use of invasive plant species such as those listed by the California Invasive Plant Council shall not be permitted.

h.

The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group.

i.

Water features.

i.

Recirculating water systems shall be used for water features.

ii.

Where available, recycled water shall be used as a source for decorative water features.

iii.

Surface area of a water feature shall be included in the high-water use hydrozone area of the water budget calculation.

iv.

Pool and spa covers are highly recommended.

4.

Landscape Plan Requirements. The landscape design plan, at a minimum, shall:

a.

Delineate and label each hydrozone by number, letter, or other method;

b.

Identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation;

c.

Identify recreational areas;

d.

Identify areas permanently and solely dedicated to edible plants;

e.

Identify areas irrigated with recycled water;

f.

Identify type of mulch and application depth;

g.

Identify soil amendments, type, and quantity;

h.

Identify type and surface area of water features;

i.

Identify hardscapes (pervious and non-pervious);

j.

Identify location, and installation details, and twenty-four-hour retention or infiltration capacity of any applicable stormwater best management practices that encourage on-site retention and infiltration of

stormwater. Project applicants shall refer to the public works department or regional water quality control board for information on any applicable stormwater technical requirements.

k.

Identify any applicable rain harvesting or catchment technologies and their twenty-four-hour retention or infiltration capacity;

l.

Identify any applicable graywater discharge piping, system components and area(s) of distribution;

m.

Contain the following statement: "I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan"; and

n.

Bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 6 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code.)

5.

Irrigation Design Plan. This chapter applies to landscaped areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period. For the efficient use of water, an irrigation system shall meet the planning division and/or public works recommended standards and all the requirements listed in this chapter as well as 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. Landscape water meters, defined as either a dedicated water service meter or private submeter, shall be installed for all non-residential irrigated landscapes of one thousand square feet but not more than five thousand square feet (the level at which Water Code 535 applies) and residential irrigated landscapes of five thousand square feet or greater. A landscape water meter may be either:

i.

A .....customer service meter dedicated to landscape use provided by the water division; or

ii.

A privately-owned meter or submeter.

b.

Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing nonvolatile memory shall be required for irrigation scheduling in all irrigation systems.

c.

If the water pressure is below or exceeds the recommended pressure of the specified irrigation devices, the installation of a pressure regulating device is required to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance.

d.

Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather, or during rain.

e.

Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair.

f.

Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to Chapter 11.38 of the Vallejo Municipal Code for additional backflow prevention requirements.

g.

Flow sensors that detect high flow conditions created by system damage or malfunction are required for all on non-residential landscapes and residential landscapes of five thousand square feet or larger.

h.

Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features.

i.

The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures.

j.

Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems.

k.

The design of the irrigation system shall conform to the hydrozones of the landscape design plan.

l.

The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in Section 16.504.09, Water-Efficient Landscape Requirements regarding the maximum applied water allowance.

m.

All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers'/International Code Council's (ASABE/ICC) 802-2014" Landscape Irrigation Sprinkler and Emitter Standard. All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.

n.

It is highly recommended that the project applicant inquire with the water division about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system.

o.

In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone.

p.

Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations.

q.

Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations.

r.

Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to hardscapes or in high traffic areas of turfgrass.

s.

Check valves or anti-drain valves are required on all sprinkler heads where low point drainage could occur.

t.

Areas less than ten feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray.

u.

Overhead irrigation shall not be permitted within twenty-four inches of any non-permeable surface. Allowable irrigation within the setback from non-permeable surfaces may include drip, drip line, or other low flow non-spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if:

i.

The landscape area is adjacent to permeable surfacing and no runoff occurs; or

ii.

The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping; or

iii.

The irrigation designer specifies an alternative design or technology, as part of the landscape documentation package and clearly demonstrates strict adherence to irrigation system design criteria in Subsection 16.504.09.8.b. Prevention of overspray and runoff must be confirmed during the irrigation audit

iv.

Slopes greater than twenty-five percent shall not be irrigated with an irrigation system with an application rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the landscape documentation package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit.

6.

Hydrozone.

a.

Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use.

b.

Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.

c.

Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree.

d.

Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if:

i.

Plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or

ii.

The plant factor of the higher water using plant is used for calculations.

iii.

Individual hydrozones that mix high and low water use plants shall not be permitted.

iv.

On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the Hydrozone Information Table (see Appendix B, Section A of the Water Efficient Landscape Ordinance maintained in the Planning Division Office). This table can also assist with the irrigation audit and programming the controller.

7.

Irrigation Plan Requirements. The irrigation design plan, at a minimum, shall contain:

a.

Location and size of separate water meters for landscape;

b.

Location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices;

c.

Static water pressure at the point of connection to the public water supply;

d.

Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station;

e.

Recycled water irrigation systems;

f.

The following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan"; and

g.

The signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agricultural Code.)

8.

Grading design plan. For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan shall be submitted as part of the landscape documentation package. A comprehensive grading plan prepared by a civil engineer for other permits satisfies this requirement.

a.

The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including:

i.

Height of graded slopes;

ii.

Drainage patterns;

iii.

Pad elevations;

iv.

Finish grade; and

v.

Stormwater retention improvements, if applicable.

b.

To prevent excessive erosion and runoff, it is highly recommended that project applicants:

i.

Grade so that all irrigation and normal rainfall remains within property lines and does not drain on to nonpermeable hardscapes;

ii.

Avoid disruption of natural drainage patterns and undisturbed soil; and

iii.

Avoid soil compaction in landscape areas.

c.

The grading design plan shall contain the following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the grading design plan" and shall bear the signature of a licensed professional as authorized by law.

9.

Certificate of Completion. The certificate of completion shall include the following elements as shown in the sample certificate in Appendix C:

a.

Project information sheet that contains:

i.

Date;

ii.

Project name;

iii.

Project applicant name, telephone, and mailing address;

iv.

Project address and location; and

v.

Property owner name, telephone, and mailing address;

b.

Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved landscape documentation package:

i.

Where there have been significant changes made in the field during construction, these "as-built" or record drawings shall be included with the certification;

ii.

A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes.

c.

Irrigation scheduling parameters used to set the controller (see Section 16.504.11 Irrigation Standards);

d.

Landscape and irrigation maintenance schedule:

i.

A regular maintenance schedule shall include, but not be limited to, routine inspection; auditing, adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; topdressing with compost, replenishing mulch; fertilizing; pruning; weeding in all landscape areas, and removing obstructions to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance;

ii.

Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components with greater efficiency.

iii.

Project applicants are encouraged to implement established landscape industry sustainable best practices for all landscape maintenance activities.

e.

Irrigation audit report prepared by a certified landscape irrigation auditor is required for all existing landscapes installed before January 1, 2016 and more than one acre in size.

i.

Landscapes that have a water meter may be subject to water division review including, but not limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the maximum applied water allowance for existing landscapes. The maximum applied water allowance for existing landscapes shall be calculated as: MAWA = (0.8) (ETo)(LA)(0.62).

ii.

Landscapes that do not have a meter may be subject to water division review including, but not limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste.

f.

Soil analysis report, if not submitted with landscape documentation package, and documentation verifying implementation of soil report recommendations.

g.

The project applicant shall:

i.

Submit the signed certificate of completion to the planning division for review;

ii.

Ensure that copies of the approved certificate of completion are submitted to the water division and property owner or their designee.

h.

Prior to building permit issuance, the director shall:

i.

Receive the signed certificate of completion from the project applicant;

ii.

Approve or deny the certificate of completion. If the certificate of completion is denied, the planning division shall provide information to the project applicant regarding reapplication, appeal, or other assistance.

16.504.10 - Soil preparation, mulch, and amendments.

A.

Prior to the planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need meet this requirement.

B.

Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected.

C.

For landscape installations, compost at a rate of a minimum of four cubic yards per one thousand square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than six percent organic matter in the top six inches of soil are exempt from adding compost and tilling.

D.

A minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to five percent of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.

E.

Stabilizing mulching products shall be used on slopes that meet current engineering standards.

F.

The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement.

G.

Organic mulch materials made from recycled or post-consumer shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.

A.

For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria:

1.

Irrigation scheduling shall be regulated by automatic irrigation controllers.

2.

Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the water division, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

3.

For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the estimated total water use. Total annual applied water shall be less than or equal to maximum applied water allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data.

4.

Parameters used to set the automatic controller shall be developed and submitted for each of the following:

a.

The plant establishment period;

b.

The established landscape; and

c.

Temporarily irrigated areas.

B.

Each irrigation schedule shall consider for each station all of the following that apply:

1.

Irrigation interval (days between irrigation);

2.

Irrigation run times (hours or minutes per irrigation event to avoid runoff);

3.

Number of cycle starts required for each irrigation event to avoid runoff;

4.

Amount of applied water scheduled to be applied on a monthly basis;

5.

Application rate setting;

6.

Root depth setting;

Plant type setting;

8.

Soil type;

9.

Slope factor setting;

Shade factor setting; and

Irrigation uniformity or efficiency setting.

C.

Irrigation audit, irrigation survey, and irrigation water use analysis.

1.

All landscape irrigation audits shall be conducted by a city designated irrigation auditor or a third-party certified landscape irrigation auditor. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape.

2.

In large projects or projects with multiple landscape installation (i.e. production home developments) an auditing rate of one in seven lots or approximately fifteen percent will satisfy this requirement.

3.

For new construction and rehabilitated landscape projects installed after January 1, 2016, as applicable, the project applicant shall submit an irrigation audit report with the certificate of completion to the planning division that may include, but is not limited to: inspection, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule; including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure and any other factors necessary for accurate programming;

D.

Irrigation efficiency. For the purpose of determining estimated total water use, average irrigation efficiency is assumed to be 0.75 for overhead spray devices and 0.81 for drip system devices.

E.

Recycled water.

1.

The installation of recycled water irrigation systems shall allow for the current and future use of recycled water.

2.

All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and state laws.

3.

Landscapes using recycled water are considered special landscape areas. The ET adjustment factor for new and existing (non-rehabilitated) special landscape areas shall not exceed 1.0.

F.

Graywater systems. Graywater systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable local ordinance standards.

G.

Stormwater management and rainwater retention. Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on-site rainwater retention and infiltration are encouraged.

1.

Project applicants shall be referred to the public works department for information on any applicable stormwater technical requirements.

2.

All planted landscape areas are required to have friable soil to maximize water retention and infiltration.

3.

It is strongly recommended that landscape areas be designed for capture and infiltration capacity that is sufficient to prevent runoff from impervious surfaces (i.e. roof and paved areas) from either: (1) the one inch twenty-four-hour rain event or (2) the eighty-five percentile, twenty-four-hour rain event, and/or additional capacity as required by any applicable local, regional, state or federal regulation.

4.

It is recommended that stormwater projects incorporate any of the following elements to improve on-site stormwater and dry weather runoff capture and use:

a.

Grade impervious surfaces, such as driveways, during construction to drain to vegetated areas.

b.

Minimize the area of impervious surfaces such as paved areas, roof and concrete driveways.

c.

Incorporate pervious or porous surfaces (e.g., permeable pavers or blocks, pervious or porous concrete, etc.) that minimize runoff.

d.

Direct runoff from paved surfaces and roof areas into planting beds or landscaped areas to maximize site water capture and reuse.

e.

Incorporate rain gardens, cisterns, and other rain harvesting or catchment systems.

f.

Incorporate infiltration beds, swales, basins and drywells to capture stormwater and dry weather runoff and increase percolation into the soil.

g.

Consider constructed wetlands and retention ponds that retain water, equalize excess flow, and filter pollutants.

16.504.12 - Public education.

A.

Publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management and maintenance that save water is encouraged in the community. The water division shall provide information to owners of permitted renovations and new, single-unit residential homes regarding the design, installation, management, and maintenance of water efficient landscapes based on a water budget.

B.

Model Homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this chapter. Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme. Signage shall include information about the site water use as designed per this chapter; specify who designed and installed the water efficient landscape; and demonstrate low water use approaches to landscaping such as using native plants, graywater systems, and rainwater catchment systems.

16.504.13 - Water-efficient landscape reporting.

A.

The planning division shall prepare and annual report on implementation and enforcement no later than January 31st of each year. Reports shall be submitted to the department of water resources.

B.

The report shall address the following:

1.

State whether the city is adopting a single-agency ordinance or a regional agency alliance ordinance and the date of adoption or anticipated date adoption.

2.

Define the reporting period. The reporting period shall commence on December 3, 2015 and end on December 28, 2015. In subsequent years, the reporting will be for the calendar year.

3.

State if using a locally modified water efficient landscape ordinance (WELO) or the Model WELO. If using a locally modified WELO, how is it different than MWELO, and are there any exemptions specified?

4.

State the entity responsible for implementing the regulations of this chapter.

5.

State number and types of projects subject to the regulations during the specified reporting period.

6.

State the total area (in square feet or acres) subject to the regulations over the reporting period, if available.

7.

Provide the number of new housing starts, new commercial projects, and landscape retrofits during the reporting period.

8.

Describe the procedure for review of projects subject to the regulations of this chapter.

9.

Describe actions taken to verify compliance. Is a plan check performed; if so, by what entity? Is a site inspection performed; if so, by what entity? Is a post-installation audit required; if so, by whom?

Describe enforcement measures.

11.

Explain challenges to implementing and enforcing the regulations of this chapter.

12.

Describe educational and other needs to properly apply the regulations of this chapter.

Chapter 16.505 - FENCES, WALLS, AND SCREENING

The purpose of these provisions is to prescribe standards for fences and walls within the city for the conservation and protection of property, buffering between uses of varying intensity, the assurance of safety and security, the enhancement of privacy, the control of dust, the abatement or attenuation of noise, and the improvement of the visual environment, and including the provision of a neat appearance to improve neighborhood character.

A.

Permits Required. Fences and walls that comply with the requirements of this chapter are permitted. All other fences and walls require zoning compliance review, pursuant to Chapter 16.603, Zoning Compliance Review, approval by the director. Any fence over seven feet in height requires a building permit in addition to an exception permit in accordance with Chapter 16.608, Exceptions in areas where the fence height exceeds the limit for the zoning district or use.

B.

Maintenance. Fencing and walls shall be continuously maintained with no sign of rust or disrepair. Graffiti shall be removed within forty-eight hours.

C.

Fencing and Wall Location.

1.

Fence and Wall Location on a Lot. Fences may be erected, placed or maintained along or adjacent to a lot line or within a yard on the private property. A fence located on a lot line shall be considered as being within the yard adjacent to that lot line. The fence owner shall be responsible for properly locating all lot lines before construction of any fence

Fence and Wall Encroachment onto Public Property. No portion of any fence or wall including gate doors, structure, foundation, or footings, shall encroach upon or project into any public right-of-way or other public property without the fence owner first obtaining an encroachment permit from the public works department.

3.

Prohibited Fence and Wall Locations. No person shall place, construct, maintain, or cause to be placed any fence or wall that may endanger the public safety, including but not limited to the following:

a.

Fire Hydrant Access. No fence shall obstruct free access to any fire hydrant.

b.

Sight Distance Triangle. Fencing shall meet the requirements of Section 16.501.11 Visibility At Intersections, Driveways, And Alleys, to avoid interference with visibility at intersections and driveways.

4.

Review by Traffic Engineer Required. To avoid traffic hazards and protect the safety of pedestrians, fences, walls, and other screening shall be subject to review by the traffic engineer for the following locations:

a.

Within ten feet of the point of intersection of a vehicular accessway or driveway and a street or sidewalk;

b.

Within twenty feet of the point of intersection of two or more vehicular accessways including driveways, alleys, or streets.

c.

Measurements shall be made from the face of the curb or, if there is no curb, from the edge of the pavement.

D.

Permitted Screening Types. Screening that complies with the requirements of this chapter may consist of one or more of the following types:

1.

Walls. Walls shall be constructed of concrete, stone, brick, tile or similar type of solid masonry material a minimum of four inches thick.

Berms. A berm shall be constructed of earthen materials and shall be landscaped in compliance with the requirements of this Chapter 16.504, Landscaping.

3.

Planting. Plant materials, when used as a screen, shall consist of compact evergreen plants, and shall be planted in accordance with the requirements of this chapter planted in a minimum three-foot-wide planting strip. They shall be of a kind, or used in such a manner, provide screening having a height which meets the requirements set forth in compliance with and a minimum height of two feet and width of two feet within twelve months after initial installation. The director may require installation of walls, berms or solid fence, if, after twelve months after installation, the plant materials have not formed an opaque screen or if, at any time, the plant materials are not maintained so as to create the desired screen.

E.

Permitted Materials.

1.

Fences. Fences shall be constructed of wood, metal, masonry or other permanent materials designed for permanent fencing.

a.

Non-residential uses. For non-residential uses in residential zoning districts, a wall or fence eight feet in height is required along any rear or side property line that separates the non-residential use from adjacent residential uses. No chain-link (nonmetallic finish) fence may be installed along the rear property line and any side property line not abutting a public right-of-way subject to review and approval by the director. Razor wire or barbed wire fences that cannot be seen from street review are allowed.

b.

Where allowed, chain link fences shall be vinyl clad or vinyl coated.

2.

Hazardous and Prohibited Materials. Except in the RR Zoning District, fences shall not incorporate electrically charged wire, barbed wire and razor wire, chain link (except as permitted by this chapter), unfinished plywood or similar unfinished materials, woven wire mesh ("chicken wire"), welded wire mesh, woven wire ("hog wire") rope, cable, railroad ties, landscape timbers, utility poles or any other similar materials or materials not specifically manufactured for permanent fencing. The use of plywood or other composite panels or materials is not allowed unless the director determines that the material is appropriate to maintain or enhance the architectural design of a building or development.

F.

Posts and Supporting Members. All fence posts and related supporting members of the fence shall be erected so that the finished side or sides of the fence shall be facing the adjacent lot or public right-of-way.

G.

Painting and Staining. All wood fences shall be painted or stained to resist corrosion.

H.

Gates. Gates that are routinely locked shall be equipped with a doorbell device capable of notifying the occupants within the a building or a telephone number that can be used to notify the occupants.

I.

Entry features. Entry features over front yard gates (e.g., open latticed arbors and trellises), not exceeding eight feet in height, three feet in depth or five feet in width are allowed when located within the required front yard but outside the sight distance triangle.

J.

Fences Facing Alleys. When a rear yard fence abuts an alley, the alley facing side of a solid fence shall be clearly labeled with the house address number.

16.505.03 - Fencing and screening requirements in mixed-use and non-residential zoning districts.

Screening that complies with the requirements of this chapter shall be installed at the following locations in mixed-use and non-residential zoning districts:

A.

Commercial, Industrial, Agricultural and Public and Semi-Public Use Types. Screening shall be provided along all boundaries other than streets, where the building site abuts residential uses.

B.

Automotive and Equipment Use Types. Screening shall be provided on building sites with automotive and equipment use types, regardless of zoning, along all off-street parking and zoning district boundaries, other than streets.

C.

Storage and Loading Areas. Storage or loading areas shall be screened wherever such facilities are adjacent to a residential zoning district or when storage and loading areas are visible from a public street and along the perimeter of open off-street parking adjacent to residential zoning districts.

D.

Nonresidential and Multi-Unit Residential Uses in or Adjacent to Residential Zoning Districts. On building sites with nonresidential or multi-unit residential- uses located in or adjacent to residential zoning districts along all property lines abutting single family residences. For the purpose of this section, nonresidential use shall not include home-based businesses.

A.

Maximum height in Residential Zoning Districts. The height of fences in residential zoning districts shall be limited by location as specified below in Table 16.505-A.

TABLE 16.505-A: ALLOWABLE FENCE HEIGHTS IN RESIDENTIAL ZONING

B.

Exceptions to Residential Fence Height Regulations. The director may grant an exception to the fence height requirements imposed by this chapter, in accordance with chapter 16.608, exceptions if the director makes all of the following findings:

1.

The proposed fence will not create or exacerbate a public safety hazard;

2.

The design, materials, scale and color of the proposed fence are compatible and harmonious with the subject site, site improvements and other properties within the immediate vicinity.

3.

The fencing type, including any gate is open and permits direct vision through at least eighty percent of any one square foot segment of vertical fence surface area. Measured surface area does not include major posts, pilasters, or other structures which provide lateral strength.

C.

Maximum Height in Mixed-Use and Non-Residential zoning districts.

1.

Mixed-Use, Commercial, Office and Medical Zoning Districts. Required screening, except for plant material, shall not be more than six feet in height.

2.

Industrial Zoning Districts. Required screening, except for plant materials, shall not be more than eight feet in height.

3.

Automotive and Equipment Type Uses. Fences, walls and other screening on any building site with an automotive and equipment use type, except sales/rental - light equipment, required screening shall not be more than eight feet in height. Fences, walls and other screening on any building site with an automotive and equipment sales/rental - light use shall not be more than six feet in height.

4.

Parking Facilities. Notwithstanding the provisions of an applicable zoning district, screening around an unenclosed off-street parking facility shall not be more than six feet in height.

5.

Courtyard. Fences, walls and other screening installed to create a courtyard without a roof shall be a maximum of five feet in height and be set back a minimum of ten feet from the front property line.

a.

Building characteristics including the dimensions, color and architectural design;

b.

Compatibility of the architectural and design features of the proposed courtyard with the features of the adjoining, as well as neighboring buildings; and

c.

Landscaping, including the effort to minimize removal of existing vegetation and to match replacements with vegetation of the site.

6.

All Other Building Sites. Fences, walls, and other screening on building sites not subject to the regulations of subsections A through C shall be subject to the following height limits:

a.

Within Required Front Yard. Except as provided in Section 16.104.15, Measuring Height of Fences and Walls, the maximum height of fences and walls located within any required front yard shall be three feet unless the traffic engineer, as part of zoning compliance review, pursuant to Chapter 16.603 Zoning Compliance Review, determines that a four-foot fence would not create a visibility hazard. The maximum height of a fence or wall beyond the required front yard is six feet.

b.

Within Required Side Yard for Corner Lot. Except as provided in Section 16.104.15, Measuring Height of Fences and Walls, the maximum height of a fence, wall, or screening located within ten feet of a side property line, adjoining a public street shall be three feet unless the traffic engineer determines that a four-

foot fence would not create a visibility hazard as provided through a zoning compliance review. A fence may be six feet in height when located further than eleven feet from the side property line adjoining a public street.

i.

The director in consultation with the traffic engineer may reduce the fence setback to three feet from the back of the sidewalk where the side yard is three feet below street grade.

ii.

An encroachment permit shall be obtained prior to erecting a fence or wall between the curb or sidewalk and the property line.

c.

Within Required Side and Rear Yard for Interior Lots. The maximum height shall not be more than six feet. A one-foot extension up to seven feet is allowed with a decorative finish such as lattice on the top one-foot.

D.

Other Requirements.

1.

Open fences that do not obstruct a view may be six feet in height.

2.

For designated city landmarks and properties that are located within a designated heritage or historic district:

a.

The maximum height for fences within the front setback area and/or the street side yard setback area shall be three feet six inches.

b.

Requests for an Exception. In accordance with Chapter 16.608, Exceptions, the permission to exceed the height limits of this chapter shall be subject to review and approval by the secretary of the architectural heritage and landmarks commission or his/her designee.

16.505.05 - Measurement of height of fences, walls and screening.

A.

The height of fences, walls and other screening shall be measured above the actual adjoining level of finished grade as defined in Section 16.104.15, Measuring Height of Fences and Walls, except that where there is a difference in elevation on opposite sides of such fence, wall or other screening, the height shall be measured from the highest elevation within a three-foot radius on either side of the fence or other screening.

B.

Notwithstanding these requirements, where the finished elevation of the property is lower at the boundary line, or within five feet inside the boundary line, than an abutting property elevation, such change in elevation may be used in lieu of, or in combination with, additional screening to satisfy a screening requirement.

C.

Where screening is required along a public or private street and the roadway elevation is higher than the property in question, the director may permit screens higher than permitted by the applicable height limit based on review of a chapter submitted by an applicant demonstrating difference in elevation when:

1.

Proposed fence height is in compliance with higher grade elevation;

2.

Proposed fence is located on private property; and

3.

No other fence is proposed along the adjacent property.

The height of fences constructed on or attached to retaining walls shall not exceed six feet measured vertically from the highest finished grade within a three-foot radius of the base of the wall to the highest

point of the fence or wall directly above as shown in Section 16.104.15, Measuring Height of Fences or Walls.

A.

Mixed-use and Non-Residential Zoning Districts. Fencing and walls shall be installed on the property line except when adjacent to a public street; in which case the fencing and wall shall be installed behind required landscaping.

B.

Residential Zoning Districts. When the back of the sidewalk is not the property line, the director may allow the setback to be measured from the inside of the sidewalk. If there is no sidewalk, the zdirector, subject to the concurrence of the director of public works, may allow the setback to be measured from the future location of the sidewalk. Further, if a fence or wall is to be located in the public right-of-way, an encroachment permit from the public works department will be required.

Temporary fencing may be used to provide security for approved "special events," for construction sites, for vacant structures, and for vacant land, which cannot otherwise be secured, subject to approval of a temporary use permit pursuant to Chapter 16.339, Temporary Uses. The fencing shall consist of chain link fencing or other materials approved by director and shall be limited to a height of eight feet. The use of temporary fencing around occupied and permanent structures is prohibited.

A.

Special Events. The fencing around approved "special events" shall be removed at the conclusion of the event.

B.

Construction Sites. The fencing for construction sites shall not be installed until a building permit or grading permit has been issued and shall be removed prior to final inspection. In the event that the building permits expire before the construction is completed, the director may issue an temporary use permit pursuant to Chapter 16.339, Temporary Uses, to allow the fencing to remain for a longer period of time.

C.

Vacant Land and Vacant Structures. The use of temporary fencing around vacant land or vacant structures shall be subject to the terms and conditions specified in a temporary use permit authorizing this fencing. Any temporary fence that remains on a site for more than six months shall comply with fence regulations of this chapter.

16.505.09 - Types of landscape screening.

A.

The three basic types of vegetative screens that are required as follows:

1.

Opaque Screen. A screen that is opaque from the ground to a maximum height of at least six feet, with intermittent visual obstruction (trees or large plants) from the opaque portion to. An opaque screen may be composed of a densely planted vegetation. Compliance of planted vegetative screens will be based on the average mature height and density of foliage of the subject species, or field observation of existing vegetation. The opaque portion of the screen must be opaque in all seasons of the year. At maturity, the portion of intermittent visual obstructions should not contain any completely unobstructed openings more than five feet wide.

2.

Semi-Opaque Screen. A screen that is opaque from the ground to a height of three feet, with intermittent visual obstruction (trees or large plants) from above the opaque portion to a height of at least six feet. The semi-opaque screen is intended to partially block visual contact between uses and to create a strong impression of the separation of spaces. The semi-opaque screen may be composed of a landscaped earth berm or planted vegetation. Compliance of planted vegetative screens will be based on the average mature height and density of foliage of the subject species, or field observation of existing vegetation. At maturity, the portion of intermittent visual obstructions should not contain any completely unobstructed openings more than ten feet wide.

3.

Broken Screen. A screen composed of intermittent visual obstructions from the ground to a height of at least six feet. The broken screen is intended to create the impression of a separation of spaces without necessarily eliminating visual contact between the spaces. It may be composed of a landscaped earth berm, planted vegetation or existing vegetation. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. The screen may contain deciduous plants.

B.

Separation of zoning districts. Where the side or rear yard of a use in a mixed-use, commercial or industrial zoning district abuts a residential zoning district, those side or rear yards shall be screened from uses in that residential zoning district with an opaque screen.

C.

Separation of Non-Conforming Uses. Whenever a residential lot is occupied by a non-conforming commercial or industrial use, the side and rear yards shall be screened with an opaque screen.

These requirements apply to new development, new land uses, additions and expansions of fifty percent or more in floor area, replacement equipment that is added to serve existing buildings, condominium

conversions, and new equipment. They do not apply to existing equipment that serves existing buildings. The director may waive or modify screening requirements for upgrades to existing mechanical equipment.

A.

General Requirements. All exterior mechanical equipment, whether on a roof, on the side of a structure, or located on the ground, shall be screened from public view. Exterior mechanical equipment to be screened includes, without limitation, heating, ventilation, air conditioning, refrigeration equipment, plumbing lines, ductwork, transformers, smoke exhaust fans, water meters, backflow preventers, service entry section, back-up and emergency generators, and similar utility devices.

1.

Screening shall be architecturally integrated into the main structure with regard to materials, color, shape, and size to appear as an integral part of the building or structure.

2.

Equipment shall be screened on all sides, and screening materials shall be opaque.

3.

When screening with plants, evergreen types of vegetation shall be planted and maintained. Plant material sizes and types shall be selected and installed so that, at the time of building occupancy, such plants effectively screen their respective equipment.

4.

The use of wood expanded metal lath, and chain link for the purpose of screening is prohibited.

B.

Requirements for Specific Types of Mechanical Equipment. The following additional screening standards apply to the specified types of mechanical equipment:

1.

Roof-Mounted Equipment.

a.

Whenever feasible, roof-mounted equipment screening shall be constructed as an encompassing monolithic unit or a series of architecturally similar screening units on large roofs, rather than as several individual screens (i.e., multiple equipment screens, or "hats," surrounding individual elements will not be permitted).

The height of the screening element shall equal or exceed the height of the structure's tallest installed equipment.

2.

Ground-Mounted Equipment. Ground-mounted equipment that

faces a street shall be screened to a height of twelve inches above the equipment, unless such screening conflicts with utility access, in which case reasonable accommodation shall be allowed.

a.

Acceptable screening devices consist of decorative walls and/or berms (3:1 maximum slope) with supplemental landscaping materials, including trees, shrubs, and groundcovers.

b.

For screen walls that are three feet high or lower, vegetative materials may be substituted for fifty percent of the screening device.

c.

This requirement does not apply to incidental equipment such as generators and air conditioners. However, electrical substations, water tanks, sewer pump stations, and similar utilities are required to be screened and secured with a wall one foot above the equipment (not to exceed fencing and wall height limits without an exception). If the wall is greater than twenty-five feet in length, then the wall shall include breaks and design features including varying materials, wall caps, and landscaping.

3.

Exterior Wall Equipment. Wall-mounted equipment, including, without limitation, electrical meters, electrical distribution cabinets, service entry sections, and valves and cabinets that face a street or public parking and are not recessed and/or separated from the street by intervening building(s) or walls or gates, shall be screened. Screening devices shall incorporate elements of the building design (e.g., shape, color, texture and material). For screen walls that are three feet in height or lower, vegetative materials may be substituted for fifty percent of the screening device. This requirement does not apply to fire-related elements.

C.

Exceptions in Industrial Zoning Districts. Due to its size, some outdoor equipment that is ancillary to operations in the IL and IG Zoning Districts may not be fully screened from view. In these cases, operators of such equipment shall only be required to provide screening that is consistent with provisions of this chapter to the extent feasible.