Vallejo Municipal Code Ch. 16.213 Residential View District

The purpose of this chapter is create regulations for residential view districts which recognize that many of the city's residential neighborhoods are located on hills, thus affording residents panoramic views of the surrounding natural and manmade environment. These visual resources are significant neighborhood amenities and include views of San Pablo Bay, Mare Island Channel, the waterfront, Sulphur Springs Mountain, the Vaca Mountains, White Slough, the Napa River Wetlands, Sky Valley and the city itself. The existing development pattern of one-story and two-story structures, which predominates in these neighborhoods, has preserved these visual resources. Thus, it is the intent of this district to perpetuate this development pattern to the maximum extent practicable.

More specifically, the purpose of this chapter is to promote the health, safety and general welfare of the public through:

A. The protection, enhancement, and perpetuation of views to the residents of the unique topographical features which the Vallejo area offers, or that provide unique and irreplaceable assets to the city;

B. The retention of views;

C. The establishment of a design review process by which the city may pursue in conjunction with property owners the objective that views enjoyed by residents of the city will not be significantly obstructed;

D. The protection of views as it pertains to the general plan goals and policies to preserve the natural character of the hillsides.

E. The residential view district may be applied to residential neighborhoods with significant panoramic views as designated by neighborhood development plans, by specific area plans, or by the planning commission and adopted by the city council using the procedures established in Chapter 16.611, Zoning Text and Map Amendments of this code. Any residential zoning district or a portion thereof may be designated as a residential view district.

A. To protect the visual quality of highly scenic areas and maintain the character of the city, the director will review all building plans for exterior changes or new structures on a site prior to the issuance of a building permit in a residential view district.

B. The director will have three options available depending on the intent of the proposed plans:

1. If the plans do not propose changes in the building envelope of an existing structure, do not propose new structures, and the proposal satisfies all other planning concerns, the plans may be signed off to allow issuance of a building permit.

2. If the plans make changes in the building envelope of an existing structure or they propose construction of a new accessory structure, including an accessory dwelling unit, but the director determines that the improvements will not adversely impact adjacent property owners' views, the director will cause all property owners within two hundred feet of the site to be notified of the proposed application by mail deposited at least fifteen working days prior to the date on which the director intends to make a decision on the issuance of the building permit. If adjoining property owners believe the proposed application will impact their views, they shall notify the director within ten days of the city's notification. Upon such notice, the director will then cause the applicant to submit a site development review application, per Chapter 16.605, Development Review and plans will be referred to the planning commission for determination, pursuant to Chapter 16.602.09, Public Hearings.

3. If the plans make changes in the building envelope of an existing structure, or propose construction of a new accessory structure, including an accessory dwelling unit, that in the director's opinion could obstruct significant views, or proposes a new primary structure, the applicant will submit a development review application, per Chapter 16.605, Development Review. That application shall be forwarded to the planning commission for determination, pursuant to Chapter 16.602.09, Public Hearings.

C. Conditions. The director or planning commission may attach conditions to project review and/or site development review approvals. Such conditions must be consistent with this chapter as the director deems reasonable and necessary to carry out the intent of the chapter.

D. Findings Required. If the planning commission grants a site development review approval in a view district, it shall find that the proposed project:

1. Will maximize open space preservation;

2. Protects view corridors, natural vegetation, land forms and other features;

3. Minimizes the appearance of visually intrusive structures;

4. Prevents the obstruction of property owners' views by requiring appropriate construction of new structures or additions to existing buildings or adjacent parcels;

5. Minimizes potential view loss from public areas;

6. Incorporates reasonably available design options that eliminate or lessen view obstructions.

E. The director and the planning commission shall be required to make the findings set forth in Section 16.605.03, Findings Required.

F. Referral to Neighborhood Organization. Where an identified neighborhood planning or improvement organization exists, the director shall give notice of and application within the residential view district if such proposed development would fall within or is immediately adjacent to the neighborhood. The organization shall be invited to make comment within ten days of notification on the application.

G. Appeals of the director or planning commission decision shall be filed in accordance with Chapter 16.602, Common Procedures, Section 16.602.14, Appeals.

With respect to the parcels of real property located within the boundaries of a residential review district per the provisions of this section, the city clerk shall cause to be recorded in the office of the recorder of Solano County, California, a "notice of restriction" substantially as follows:

Notice of Restriction

Notice is hereby given that this property in the city of Vallejo, Solano County, California, is subject to city of Vallejo Municipal Code Restrictions as provided in Chapter 16.212 Residential View District. Prior to commencing any construction/remodeling the property owner shall consult with the planning division, city of Vallejo and secure a development review permit if required by the above referenced ordinance.

Nothing in this chapter shall be construed to exempt any application from compliance with any requirement of any other provision of this code or any other ordinance of this city, or to amend any such other ordinance unless so stated in the ordinances codified in this chapter.

When a development proposal subject to approval under this chapter additionally requires a use permit, variance, or an amendment of the Zoning Code, this approval shall be conducted concurrently with any review required by the use permit, variance or amendment application.