Vallejo Municipal Code Ch. 16.608 Exceptions

This chapter provides alternate means of relief from the Zoning Code's requirements, when so doing is consistent with the Code's objectives and not possible to grant a variance. Complying with; the Federal Fair Housing Act, the Americans with Disabilities Act, the Religious Land Use and Institutionalized Persons Act, and the California Fair Employment and Housing Act, to provide reasonable accommodation for protected uses and persons with disabilities.

The director may grant relief from the dimensional requirements specified in the Zoning Code, not to exceed twenty-five percent of the requirement. The director also may grant an exception that exceeds twenty-five percent where necessary to comply with the reasonable accommodation provisions of state and/or federal law. Exceptions may be granted for:

A. Setbacks. Up to twenty-five percent of front, side, and rear yard setback standards.

B. Build-to Lines. Up to twenty-five percent of the standards for building facade location.

C. Parking. Up to twenty-five percent of the dimensional standards for parking spaces, aisles, driveways, landscaping, garages on sloping lots, and parking facility design.

D. Fences. Up to twenty-five percent of the standards for the maximum height and location of fences.

E. Lot Coverage. Up to twenty-five percent of the maximum amount of lot coverage.

F. Height. Up to twenty-five percent or two feet above the maximum building height or other height limitations, whichever is less.

G. Landscaping. Up to twenty-five percent of the required landscaping.

H. Other Standards. Up to twenty-five percent of other development standards not listed in Section 16.608.02, Exclusions, below.

Exceptions shall not be granted from any of the following standards:

A. Lot area, width, or depth;

B. Maximum number of stories;

C. Minimum number of required parking spaces other than reductions approved pursuant to Chapter 16.508, Off-Street Parking and Loading;

D. Minimum or maximum residential density; or

E. Maximum floor area ratio (FAR).

Exceptions to residential parking space requirement shall be permitted only when substitute space is provided, and upon the granting of an exception permit, as set forth in this chapter. The director shall grant or deny applications as follows:

A. When required parking space of a single-family home is converted into living space, the director may grant the exception to allow substitute off-street parking to be uncovered when in his or her judgment it would be impractical to provide acceptable covered parking.

B. The exception may be granted in single-family residences where:

1. The existing garage or covered parking does not meet current zoning and/or other applicable city ordinances and is not usable for automobile parking; or

2. The existing garage or covered parking complies with current zoning and/or other applicable city ordinances and is usable for automobile parking, with a finding that off-street parking for a minimum of one vehicle is available and that the conversion is in harmony with the characteristics of the neighborhood. In making the finding, the director shall consider:

a. Type, style and design of the structure(s) on the site,

b. Compatibility of colors and materials with the main structure,

c. Traffic flow and volume, and

d. Adequate length of driveway.

C. In the case of newly constructed homes, every house must be completed with required covered off-street parking, and must be occupied for at least one year before an exception application for any conversion or required covered parking can be filed.

D. In no case will any exception be granted unless the proposed construction would be eligible for the issuance of a building permit upon the granting of an exception as set forth in this chapter. Any conversion shall comply with Building Code requirements.

A. Review Authority and Duties. The director, architectural heritage and landmarks commission and design review board, planning commission or city council, in accordance with Table 16.601-A: Permit Review Authority, must approve, conditionally approve, or deny applications for an exception based on consideration of the requirements of this chapter.

B. Application Requirements. An application for an exception must be filed and processed in accordance with the procedures in Chapter 16.602, Common Procedures. In addition to any other application requirements, the application for an exception must include data or other evidence explaining why the findings necessary to grant the exception set forth in Section 16.608.05, Required Findings, are satisfied.

C. Decision. The director must issue a written decision within forty-five calendar days of the date the application is deemed complete, and may grant the reasonable accommodation request, grant with modifications, or deny the request. All written decisions must give notice of the right to appeal and to request reasonable accommodation in the appeals process.

D. Concurrent Processing. If a request for an exception is being submitted in conjunction with an application for another approval, permit, or entitlement under the Zoning Code, it must be heard and acted upon at the same time and in the same manner as that application.

E. Exception Requests for Reasonable Accommodation to Ensure Access to Housing. An application for an exception based on a request for a reasonable accommodation to ensure access to housing will be referred to the director for review and consideration. Such a request may exceed the twenty-five percent limits in Section 16.608.01, Purpose and Applicability.

1. Application. A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. Requests for reasonable accommodation shall be submitted with an application for zoning/planning/subdivision action (no fee) and with a letter to the planning and development services director and shall contain the following information:

a. The applicant's name, address and telephone numbers.

b. Address of the property for which the request is being made.

c. The name of the property owner and owner's written consent or signature on application form.

d. The current actual use of the property.

e. The basis for the claim that the person(s) is considered disabled under the fair housing laws.

f. The Zoning Code provision, regulation or policy from which reasonable accommodation is being requested.

g. Why the reasonable accommodation is necessary to make the specific property accessible to the person(s).

h. Copies of memoranda, correspondence, pictures, plans or background information reasonably necessary to reach a decision regarding the need for the reasonable accommodation.

i. Other relevant supportive information as requested by the community development director or his or her designee, consistent with fair housing laws.

2. Decision. The director shall render a decision in writing within thirty days after the application is complete, and shall approve, approve with conditions or deny the application based on the findings in Subsection 3.

3. Findings. Director shall approve the application, with or without conditions, if the following findings are made:

a. The housing will be used by a disabled person(s);

b. The requested accommodation is necessary to make specific housing available to a disabled person(s);

c. The requested accommodation would not impose an undue financial or administrative burden on the city; and

d. The requested accommodation would not require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning.

e. The design and location of the accommodation is done in a way to minimize impacts on neighboring properties and the design character of the neighborhood to the extent reasonably feasible.

4. Appeal. An appeal of the decision by the director may be made pursuant to the appeal procedures in Section 16.602.14, Appeals.

5. Concurrent Processing. If the project for which the request for reasonable accommodation is being made also requires other discretionary approval, permit or entitlement under this code (including but not limited to: design review, variance, conditional use permit, rezoning, general plan amendment, etc.), then the applicant shall file the information required by Subsection E.1 together for concurrent review with the application for discretionary approval.

A decision to grant an exception must be based on the following findings:

A. The exception is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, topography, noise exposure, irregular property boundaries, or other unusual circumstance;

B. There are no alternatives to the requested exception that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public;

C. The granting of the requested exception will not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of the Zoning Code;

D. If the exception requested is to provide reasonable accommodation pursuant to state or federal law, the review authority must also make the following findings in addition to any other findings that this Zoning Code requires:

1. That the subject housing or property will be used by an individual or organization entitled to protection;

2. If the request for accommodation is to provide fair access to housing, that the request is necessary to make specific housing available to an individual protected under state or federal law;

3. That the conditions imposed, if any, are necessary to further a compelling public interest and represent the least restrictive means of furthering that interest; and

4. That denial of the requested exception would impose a substantial burden on religious exercise or would conflict with any state or federal statute requiring reasonable accommodation to provide access to housing; and

E. The project has been reviewed in compliance with the California Environmental Quality Act, if applicable, and the requirements of this chapter.

F. Notification. Notice shall be provided in compliance with the requirements of Chapter 16.602, Common Procedures, Section 16.602.08, Noticing. When a project subject to an exception permit approval and requires a development review permit, use permit variance, an amendment of the Zoning Code or any other discretionary action, the notice for such approval shall also state that the project is subject to an exception.

The review authority can impose reasonable conditions that are related and proportionate to what is being requested by the applicant, as deemed necessary and appropriate to ensure that the provisions of the general plan, any applicable specific plan, planned development, the Zoning Code and other applicable plans are met. The review authority may require reasonable guarantees and evidence that such conditions are being, or will be, complied with. Exceptions approved based on state or federal requirements for reasonable accommodation may be conditioned to provide for rescission or automatic expiration based on a change of occupancy or other relevant change in circumstance as requested and demonstrated by the applicant.

A. Appeals. A decision on an exception may be appealed in accordance with Chapter 16.602, Common Procedures, Section 16.602.140, Appeals.

B. Expiration, Extensions and Modifications. Exceptions are effective and may only be extended or modified as provided for in Chapter 16.602, Common Procedures, Section 16.602.12, Expiration and Extension.

C. Revocation. An exception may be revoked in accordance with Chapter 16.615, Enforcement and Abatement.