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