Vallejo Municipal Code Ch. 16.313 Community Assembly

These provisions ensure that community assembly uses shall be located, developed, and operated to meet community needs, in compliance with applicable federal and state requirements in districts where they are permitted; while minimizing the impact of their activities on neighboring uses. These uses apply to a wide range of facilities for public and private meetings including, but not limited to, community centers, religious assembly facilities, civic and private auditoriums and meeting halls for clubs, labor unions, and other organizations.

A. Maximum lot area. The total lot area in any residential zoning district shall not exceed forty thousand square feet;

B. Buffer required. A buffer of at least twenty feet in width shall be provided adjacent to any residential zoning district or use. This buffer area may be used for parking or landscaping but shall not be used for structures or outside activities. Where a buffer is used for parking, at least four feet of landscaping shall be provided along the length of the parking.

1. The minimum buffer requirement may be reduced subject to the review and approval of an exception permit pursuant to Chapter 16.608, Exceptions, as long as the reduced buffer maintains the minimum setback requirement of the zoning district in which the facility is located.

2. Parking areas shall be screened consistent with the requirements of Chapter 16.504, Landscaping.

3. Outdoor areas used for recreation, meetings, services or other activities involving groups of persons shall be at least fifty feet from any residential zoning district or use.

A. Exceptions. To ensure compliance with the Federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), the director shall have the authority to grant exceptions and waivers to the requirements of the Zoning Code when necessary to accommodate religious assembly uses.

1. Exception Permit. A request for an exception permit shall be submitted and processed consistent with the requirements of Chapter 16.608, Exceptions.

2. Additional Information. If necessary, to reach a determination on the request for accommodation, the director may request further information from the applicant, specifying in detail what information is required.

3. Findings required. The following findings shall be analyzed, made and adopted before any action is taken to approve or deny a request for an exception permit and shall be incorporated into the record of the proceeding relating to such approval or denial:

a. The requested reasonable accommodation will not impose an undue financial or administrative burden on the city.

b. The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or procedures of the city.

c. There are no alternatives to the requested waiver or modification 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.

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

e. That denial of the requested waiver or modification 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.

B. Conditions of approval. In approving an exception permit to accommodate a protected use, the review authority may impose any conditions deemed necessary to:

1. Ensure that the proposal conforms in all significant respects with the general plan and with any other applicable plans or policies adopted by the city council;

2. Achieve the general purposes of the Zoning Code or the specific purposes of the zoning district in which the project is located;

3. Achieve the findings for the exception permit granted; or

4. Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the California Environmental Quality Act.

C. Recession or Expiration. Waivers and modifications approved pursuant to this chapter may be conditioned to provide for rescission or automatic expiration based on a change of occupancy or other relevant change in circumstance.