3. The building will incorporate an alternative entrance design facing the street that conforms to adopted design guidelines.
C. Required Setbacks for Residential Uses.
1. Front Setbacks. Buildings that are entirely residential and portions of buildings with residential uses on the ground floor may be setback up to eight feet from the street lot line. The setback must be landscaped, but up to one third of the setback area can be hard surfaced for pedestrian or bicycle access. Vehicle access is not allowed through the setback unless the frontage provides the only access to the residential portion of the site.
2. Interior Side and Rear Setbacks. In order to provide light and air for residential units, the following minimum setbacks apply to any building wall containing windows for residential units and facing an interior side or rear setback area.
a. For any wall containing windows, a setback of at least five feet shall be provided. b. The required setbacks apply to that portion of the building wall containing a window and extending three feet on either side of the window.
D. Height Limitations and Exceptions. In order to encourage more development along corridors, regardless of district, however acknowledging and preserving existing single-family residential areas, a height limit and landscape buffer is proposed as follows:
1. Daylight Plane Required Adjacent to Residential Districts. Buildings shall not extend above a plane starting at twenty-five feet in height directly above the property line abutting any residentially- zoned parcel, or where there is an alley, the centerline of the alley, and from that point, extending in at a forty-five-degree angle from vertical toward the interior of the site. The twenty- five-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Chapter 16.104, Rules for Measurement.
2. Architectural Features. A parapet wall, cornice or sloping roof or solar energy system may project up to four feet above the height limit. Uninhabited roof structures that screen mechanical equipment and elevator penthouses are not included in the measurement of building height.
Mechanical equipment shall be integrated and architecturally designed to match the building and not visible from adjacent streets.
3. Corner projections. If the project site is on a corner site that is greater than fifteen thousand square feet, a tower or other projecting architectural elements may extend up to twelve feet above the top of a primary roof, provided that the square footage of the element(s) does not total more than fifteen percent of the building footprint. The area above the uppermost permitted floor of the element(s) shall not be habitable space. The composition of the tower element shall be balanced, where the width of the tower has a proportional relationship to the height of the tower.
a. The tower element shall be proportional to the rest of the building. b. The tower element shall not be stepped back more than one foot at any point. c. The maximum horizontal dimension of the tower element shall not exceed one hundred feet.
d. Fenestration at the base of the tower shall be greater than the top. e. The roof shall include architectural detailing, such as a cornice or eave.
4. Landscaped Buffer Required. A landscaped area at least four feet in width planted with evergreen shrubs shall be installed along the rear property line adjacent to any residential district to create Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
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a sound barrier and privacy screen. Shrubs shall be a minimum of five feet in height at planting time.
E. Wide Buildings. Any building over sixty feet wide shall be broken down to read as a series of buildings no wider than sixty feet each. Increases in the maximum building width and length may be approved through design review if recesses, offsets, or other architectural articulation modulate a "box-like" appearance.
F. Building Projections. The maximum width of any projection, including bay windows, is ten feet, and the total of all projections along a building face shall not be more than ten feet wide or twenty-five percent of the building frontage, whichever is greater.
G. Limitations on Location of On-site Parking. Parking may be located within forty feet of the street facing property line in accordance with the following standards.
1. Underground and Partially Submerged Parking. Parking completely or partially underground, shall match the setbacks of the main structure. The maximum height of a parking podium visible from a street shall be five feet from finished grade.
2. Surface Parking. Above ground surface parking may be located within forty feet of a street facing property line with the approval of a minor use permit when the director makes the following findings:
a. Buildings are close to the public sidewalk to the maximum extent feasible; b. The parking area is screened along the public right-of-way with a wall, hedge, trellis, and/or landscaping; and,
f. The site is small and constrained such that underground, partially submerged, or surface parking located more than forty feet from the street frontage is not feasible.
H. Residential Landscaping and Open Space. Where residential uses are provided, residential open space "outdoor living area" must be provided as common or private open space. Private areas consist of balconies, decks, patios, or fenced yards directly accessible from the residence. Common areas consist of landscaped areas, walks, patios, swimming pools, barbeque areas, playgrounds, turf, rooftop areas, or other such improvements as are appropriate to enhance the outdoor living environment of the development and landscaped courtyard entries that are oriented towards the public street.
28. Minimum Open Space. At least two hundred square feet of open space shall be provided for each unit in residential and mixed-use development. At least ten percent of the site shall be landscaped open space.
a. Private Open Space. Sixty square feet shall be private open space on balconies or decks. b. Common Open Space. For each unit, two hundred square feet of open space shall be provided, and spaces should be distributed throughout the site.
29. Minimum Dimensions.
a. Private Open Space. Private open space located on the ground level (e.g., yards, decks, or patios) shall have no horizontal dimension less than ten feet Private open space located above ground level (e.g., balconies) shall have no horizontal dimension less than six feet. b. Common Open Space. The minimum horizontal dimension is twenty feet.
30. Usability. A surface shall be provided that allows for outdoor living and/or recreation. Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, or other serviceable, dust-free surfacing. The maximum slope shall not exceed ten percent.
1. Accessibility.
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
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a. Private Open Space. The space shall be accessible to only one living unit by a doorway to a habitable room or hallway.
b. Common Open Space. The space shall be accessible to the living units on the lot. It shall be served by any stairway or other accessway qualifying as an egress facility from a dwelling unit.
I. Non-residential Landscaping and Open Space. All portions of the building site, exclusive of structures, parking areas, recreational uses, driveways and walkway, shall be landscaped.
TABLE 16.203-A: DEVELOPMENT STANDARDS: MIXED-USE DISTRICTS
FI
G
#
DISTRICT NMX DMX WMX ADDITIONAL
REGULATIONS
LOT AND DENSITY
Minimum/Maximum
Density (units/net
acre)
16 / 30 (if
General Plan is
Neighborhood
Corridor)
--
16 / 50 (if
General Plan is
Business/Limited
Residential)
30 / 90 (if General Plan
is District-
Downtown/Waterfront)
--
16 / 50 (if General Plan
is Central Corridor)
30/90 (if General Plan is
District-
Downtown/Waterfront)
--
16 / 50 (if General Plan
is Central Corridor)
See Chapter
16.104, Rules
For
Measurement
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
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Minimum/Maximum
Density (units/net
acre) for
Business/Limited
Residential General
Plan Designation
16/50 n/a n/a
Minimum Lot Size
(sq. ft.)
5,000 n/a n/a
Minimum Lot Width
(ft.)
50 n/a n/a
Maximum Non-
Residential Floor
Area Ratio (FAR)
2.0 3.0 (if General Plan is
Central Corridor)
--
6.0 (if General Plan is
District-
Downtown/Waterfront)
3.0 (if General Plan is
Central Corridor)
--
6.0 (if General Plan is
District-
Downtown/Waterfront)
BUILDING PLACEMENT
Setback and build-to lines for Commercial and Mixed-Use Development (ft.) ① Street Frontage (B) 0 Setback 0-Setback 10
Build-to line of 10 feet
0 Setback See Section
16.501.07,
Projections
Into Required
Yards
② Interior Side (B) 0 Setback, or/5 where abutting R District ③ Rear (B) 5 Setback or/10 where abutting R District
④ Corner Build Area
(ft.) (C)
30: Buildings must be located in accordance with the required setbacks within 30 ft. of every the front and exterior side property lines. Public plazas may be at the street corner provided buildings are built to the edge of the public plaza
BUILDING HEIGHT (STORIES)
⑤ Building Maximum
Height (stories)
5 8 Per Waterfront PDMP See Section C,
D.1 and
Section
16.501.05,
Height
Exceptions Building Maximum
Height (ft.)
75 102 Same as above
⑥ Building Minimum
Height (ft.)
n/a n/a Same as above
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GROUND FLOOR MINIMUM HEIGHT (FT.)
⑦ Ground Floor
Residential Uses
n/a 12 12
⑦
Ground Floor Non-
Residential Uses
15 15 15
⑧ First Floor Ceiling
Height, Non-
Residential Uses
12 12 12
⑨ Parking Podium Maximum height of a parking podium visible from the street is 9 ft. from finished grade.
OPEN SPACE
Residential
Minimum Private
Open Space (sq. ft.
per unit)
60 (H) 60 n/a 60 n/a
Minimum Common
Open Space (sq. ft.
per unit)
150 (H) 150 n/a 150 n/a See Chapter
16.504,
Landscaping
Minimum Amount
of Landscaping (% of
site)
10 (H) n/a n/a
NON-RESIDENTIAL
Minimum Amount
of Landscaping (% of
site)
5 (I) n/a n/a See Chapter
16.504,
Landscaping
Minimum
Perimeter
Landscaping (ft.)
when adjacent to R
Zoning District
4 (D) n/a n/a See Chapter
16.504,
Landscaping
Street Trees 1 per 30 ft. of frontage
ADDITIONAL STANDARDS
Fences and Walls See Chapter 16.505, Fences, Walls, and Screening Lighting See Chapter 16.506, Lighting and Glare
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
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Off-Street Parking
and Loading
See Chapter 16.508, Off-Street Parking and Loading
Parking Lot
Landscaping
See Chapter 16.504, Landscaping
Measurement See Chapter 16.104, Rules For Measurement
Projections into
Required Yards
See Section 16.501.07, Projections Into Required Yards
Height Exceptions See Section 16.501.05, Height Exceptions Additional
Landscaping
regulations
See Chapter 16.504, Landscaping
16.203.03 Additional regulations.
A. Mixed-Use Development. A combination of permitted commercial uses may be established in the same building or on the same lot as a residential use subject to compliance with all applicable requirements for the use and the development intensity. A minimum of fifteen percent of non-residential space on the ground floor is required along street frontage (does not include alley).
B. Minimum Required Active Commercial Uses on Frontages. Development in mixed-use districts with more than one hundred linear feet of frontage shall provide the following minimum ground-floor street frontage for active commercial uses (that have regular customers throughout the day e.g., retail shops, restaurants). a. NMX District. Thirty percent on the primary frontage and twenty percent on secondary frontages. a .b. DMX District. Forty percent on the primary frontage and thirty percent on secondary frontages.
C. Reductions When Allowed. The minimum required active use on secondary frontages may be reduced if the director finds that (1) the proposed use has unique operational characteristics where the required active use is incompatible, such as in the case of a movie or live theater, and (2) street facing walls exhibit architectural relief and detailing that enhance the pedestrian environment.
D. Pedestrian Entrances and Paths.
a. Entrances. All non-residential activities located at the street level shall provide one direct at-grade entrance from the public right-of-way for each street frontage exceeding fifty feet. i. Where such frontages exceed one hundred feet, one entrance shall be provided for each one hundred feet of frontage or portion thereof.
ii. Separate pedestrian entrances for a single tenant must be at least twenty-five feet apart. iii. Recessed entrances shall not exceed twenty five feet in width and the face of a door or gates shall be within fifteen feet of the lot property line.
b. Pedestrian Paths. In shopping centers and mixed-use development, each commercial tenant space shall be accessible from an abutting public street by a pedestrian path that is at least six feet wide or as required by the city engineer, whichever is greater.
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
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i. The path shall be continuous, clear of obstructions, easily identifiable as a pedestrian path, and visually distinguishable from other hardscaping.
ii. Pedestrian paths shall be separated from vehicular access areas by wheel stops, curbs, landscaping, or other physical barriers, except when crossing driveways or aisles. iii. Pedestrian paths and sidewalks connecting building entrances to the street and public sidewalks shall be continuous, clear of obstructions, easily identifiable, and visually distinguishable from surrounding concrete or hardscape areas.
iv. Pedestrian paths and sidewalks must be separated from parking area by wheel stops, curbs, landscaping, or other physical barriers.
E. Additional Residential Density. See Chapter 16.214, Affordable Housing Incentives and State law for provisions regarding additional density for affordable housing development.
F. Street Preservation. Existing public right-of-way shall be preserved. Public right-of-way shall not be eliminated or abandoned, unless substantial public benefits are provided, such as a new park, a community garden or a trail on pedestrian passages.
G. Street Frontage Improvements. New development shall provide street frontage improvements consistent with standards and as required by the city engineer in accordance with the following:
a. Between the property line and curb.
i. Sidewalks. Sidewalks shall be provided if none exists or if the existing sidewalks are in poor condition and shall require approval by the city engineer. ii. Street Furniture. Trash receptacles, benches, bike racks, and other street furniture shall be provided.
iii. Streetlights. Pedestrian-scaled streetlights not to exceed fourteen feet in height, including attachments from which banners may be hung, shall be provided. iv. Street Trees. Shade trees shall be planted no more than thirty feet on center. Tree guards shall be provided. Trees shall be a minimum of fifteen gallons in size, and at least ten percent of the required trees shall be twenty-four-inch box size or larger. b. Interior from Property Line. Except where occupied by a building or necessary for parking access, the street frontage, for a depth of ten feet from the property line, shall be utilized for pedestrian circulation or active outdoor uses, including, but not limited to outdoor dining; paved for public uses so that it functions as part of a wider public sidewalk; or improved with landscaping, public art, and/or pedestrian amenities, such as outdoor seating.
H. Building Orientation and Entrances.
a. Buildings shall be oriented to face public streets.
b. Building frontages shall be generally parallel to streets, and the primary building entrances shall be located on or within twenty feet of a public sidewalk. The director may grant exceptions to this standard in the DMX and WMX Zoning Districts for uses with unique needs. c. Entrances located at corners shall generally be located at a forty-five-degree angle to the corner and shall have a distinct architectural treatment, such as angled or rounded corners, arches, and other architectural elements.
d. Entrances to residential units shall be physically separated from the entrance to commercial uses and clearly marked with a physical feature incorporated into the building or an appropriately scaled element applied to the facade.
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
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I. Building Transparency. Required Openings for Non-Residential Uses. Exterior walls facing and within twenty feet of a front property line on any primary street shall include windows, glass doors, or other openings for at least sixty percent of the building wall area located between two and one-half and seven feet above the level of the sidewalk. (See Figure 16.203-A)
a. Maximum Length Without Openings. No wall may run in a continuous plane for more than twenty-five feet or forty percent of a building's facade without a window or other opening. If a lot has more than one street frontage, this standard applies to the primary frontage. The director may approve alternatives to the building transparency requirement if the director finds that:
i. The proposed use has unique operational characteristics where providing the required windows and openings is incompatible, such as in the case of a movie or live theater; or ii. Street-facing building walls will exhibit architectural relief and detail and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.
b. Design of Required Openings. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least twenty-four inches deep and set into a wall. Windows that provide visibility into storage areas, vehicle parking areas, utility areas and display cases attached to outside walls do not qualify.
c. Exceptions for Parking Garages. Multi-level garages are not required to meet the building transparency requirement of this section. Instead, they must be screened and treated, consistent with the requirements of Chapter 16.508, Off-Street Parking and Loading. d. Alternatives Subject to Director's Approval. Alternatives to the building transparency requirement may be approved if the director finds that (1) the proposed use has unique operational characteristics where providing the required windows and openings is incompatible, and (2) street-facing building walls will exhibit architectural relief and detail and be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.
J. Building Design and Articulation. The following standards apply to commercial and mixed-use development. a. Design of Street-Facing Facades. In order to make streets more attractive to pedestrians, the street- facing facades of new development shall incorporate the following design features at the ground-floor level:
i. Articulated facades at the ground floor street frontage, which may include such measures as indentation in plane, change of materials in a complimentary manner, sensitive composition and Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
Vallejo, California, Municipal Code
juxtaposition of openings and solid wall and/or building frame and projecting elements such as awnings and marquees to provide shade and shelter;
1. Exterior lighting which provides for a secure nighttime pedestrian environment by reinforcing entrances, public sidewalks and open areas with a safe level of illumination which avoids off-site glare.
2. Residential uses at the ground floor street frontage shall incorporate planted areas, porches, front stairs and/or other elements that contribute to a pedestrian environment.
Pedestrian-oriented design elements may also include street furniture or other seating surfaces on private property and design amenities scaled to the pedestrian such as awnings, drinking fountains, paseos, arcades, colonnades, plazas, noncommercial community bulletin boards, public or private art and alternative paving materials in areas of pedestrian access. When provided, storefront security grates or grilles shall be located inside exterior windows, shall be retractable into pockets or overhead cylinders, and shall be completely concealed when retracted.
b. Vertical Relationship. Buildings shall be designed to have a distinctive base (ground floor level), middle (intermediate upper floor levels), and top (either top floor or roof level). Cornices, balconies, roof terraces, and other architectural elements should be used, as appropriate, to terminate rooflines and accentuate setbacks between stories.
c. Windows.
i. Window frames shall be inset at least two inches from the face of the building to enhance shadow-lines around the opening.
ii. Snap-in vinyl mullions between double pane glass are prohibited. If a divided light appearance is desired, mullions must be made of dimensional material projecting in front of the panes on both the inside and outside of the window.
iii. Exceptions may be granted by the director to accommodate alternative window design complementary to the architectural style of the structure. d. Building Details.
i. Building facades shall include building projections or recesses, doorway and window trim, and other details that provide architectural articulation and design interest. ii. All applied surface ornamentation or decorative detailing shall be consistent with the architectural style of the building.
iv. Each side of the building that is visible from a public right-of-way shall be designed with a complementary level of detailing.
v. A unified palate of materials shall be used on all sides of the building.
K. Building Design Near Interstate Highways. For any site that is fully or partially located within two hundred feet of the right-of-way line of an Interstate Highway, buildings shall be designed with four-sided architecture where each exterior wall is designed with the same building articulation and the same quality of exterior materials as the primary facade.
L. Roof Articulation. Buildings exceeding forty thousand square feet in floor area shall be designed with staggered rooflines, shaded roof decks, or other forms of architectural articulation.
M. Pedestrian Access on Large Sites (Over five acres).
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
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a. Internal Connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.
b. Circulation Network. Regular connections between on-site walkways and the public sidewalk and other planned or existing pedestrian routes and trails shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage. c. Adjacent Properties. Direct and convenient access shall be provided from commercial and mixed-use projects to adjoining residential and commercial areas to the maximum extent feasible, while still providing for safety and security.
d. Transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrance.
i. Interior Pedestrian Walkway Design.
i.1. Walkways shall have a minimum clear, unobstructed width of six feet, where feasible, but at least four feet, shall be hard-surfaced, and paved with concrete, stone, tile, brick, or comparable material.
ii.2. Where a required walkway crosses driveway, parking areas, or loading areas, it must be clearly identifiable through the use of a raised crosswalk, a different paving material, or similar method.
iii.3. Where required walkway is parallel and adjacent to an auto travel lane, it must be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or another physical barrier.
N. Shopping Centers. Shopping centers containing twenty-five thousand square feet or more of floor area are subject to the following standards and criteria for approval. a. Entry Plazas/Passenger Loading Areas. A plaza shall be provided at the entry to each anchor tenant that provides for pedestrian circulation and loading and unloading. Entry plazas and passenger loading areas shall include unique, decorative paving materials, adequate seating areas, and provision of adequate shade from the summer sun, and attractive landscaping including trees or raised planters.
Entry plazas with features described under paragraph 4(c) below may be counted toward the public plaza requirements.
b. Location of Parking Areas. Surface parking lots shall be located to provide users with maximum access to buildings within the shopping center without moving their vehicles either behind or to the side of buildings. Parking areas shall not be located between buildings and any primary street. c. On-Site Public Plazas. Privately-owned, publicly accessible outdoor plazas for the use of customers and visitors shall be provided at a rate of five square feet per one thousand square feet of floor area, up to one thousand five hundred square feet for required outdoor plazas. i. Location. Public plazas shall be visible from a public street, or from on-site areas normally frequented by customers, and shall be accessible during business hours. ii. Amenities. On-site privately-owned public outdoor space shall include benches or other seating, and the ground surface shall be landscaped or surfaced with high-quality paving materials.
Amenities shall be provided that enhance the comfort, aesthetics, or usability of the space, such as shade trees and other landscaping, shade structures, drinking fountains, water features, public art, and performance areas.
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
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d. Design Criteria. In order to receive approval for a shopping center, the director or the planning commission, whichever has final approval authority, shall find that all of the following criteria have been met.
i. Integrated Theme. Buildings and structures exhibit an integrated architectural theme that includes similar or complementary materials, colors, and design details. ii. Site Entrance. The driveway entrance provides an organizing element to the site design with features such as a landscaped entry corridor or a divided median drive separated by a landscaped center dividing island.
iii. Building Entrances. Building entrances to anchor tenants and other large stores are prominent and inviting. The architectural details of building entrances are integrated with the overall building design in terms of materials, scale, proportion, and design elements. iv. Vehicular Circulation. Safe, convenient vehicular circulation is provided within the development through an appropriate system of internal vehicular circulation routes based on a hierarchy of driveway aisles and cross routes. Where pedestrian circulation routes cross vehicular traffic aisles and driveways within a development, there are clearly delineated crosswalks that include clear sight lines, adequate warning signage, adequate lighting, and protective barrier posts or similar features at walkway entrances.
v. Cart Corrals. Adequate, convenient cart corrals are provided near building entrances and throughout the parking areas.
vi. Lighting. A combination of attractively designed and located lighting fixtures, including low pole lights, ground-mounted fixtures, light bollards, and architectural lighting provides interesting compositions for outdoor lighting, as well as a safe, secure environment. vii. Shade Areas. Pedestrian areas, such as walkways, building entrances, and gathering areas, are adequately shaded from the summer sun through such techniques as the careful placement of trees and landscaping, trellis structures, projecting canopies, covered walkways, arcades, porticos, building orientation, and similar techniques.
O. Public Access for Shoreline Development. Any development abutting or within one hundred feet of the San Pablo Bay, the Napa River, Mare Island Strait, or the Carquinez Strait shall provide public access to and long the shoreline consistent with state and Bay Conservation and Development Commission requirements, and shall include in-water access where feasible, consistent with General Plan Policy NBE-4.1.
P. Build-to Line. Buildings in the DMX District shall be constructed at the street frontage or the build-to line for at least sixty percent of the building frontage, or as required by the DTSP. At least two-thirds of the area between the building and lot property line shall be paved so that it functions as a wider public sidewalk. This requirement may be modified or waived by the director upon finding that:
a. Substantial landscaping (60% of area or more) will be located between the build-to line and ground floor residential units to soften visual impact of buildings; b. Entry courtyards, plazas, entries, or outdoor eating and display areas will be located between the build-to line and building, provided that the buildings will be built to the edge of the courtyard, plaza, or outdoor dining area; or
c. The building will incorporate an alternative entrance design facing the street that conforms to adopted design guidelines.
Q. Required Setbacks for Residential Uses.
a. Front Setbacks. Buildings that are entirely residential and portions of buildings with residential uses on the ground floor may be setback up to eight feet from the street lot property line. The Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
Vallejo, California, Municipal Code
setback must be landscaped, but up to one third of the setback area can be hard surfaced for pedestrian or bicycle access. Vehicle access is not allowed through the setback unless the frontage provides the only access to the residential portion of the site. b. Interior Side and Rear Setbacks. In order to provide light and air for residential units, the following minimum setbacks apply to any building wall containing windows for residential units and facing an interior side or rear setback area. i. For any wall containing windows, a setback of at least five feet shall be provided. ii. The required setbacks apply to that portion of the building wall containing a window and extending three feet on either side of the window.
R. Height Limitations and Exceptions. In order to encourage more development along corridors, regardless of district, however acknowledging and preserving existing single-family residential areas, a height limit and landscape buffer is proposed as follows:
a. Daylight Plane Required Adjacent to Residential Districts. Buildings shall not extend above a plane starting at twenty-five feet in height directly above the property line abutting any residentially-zoned parcel, or where there is an alley, the centerline of the alley, and from that point, extending in at a forty-five-degree angle from vertical toward the interior of the site. The twenty-five-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Chapter 16.104, Rules for Measurement. b. Architectural Features. A parapet wall, cornice or sloping roof or solar energy system may project up to four feet above the height limit. Uninhabited roof structures that screen mechanical equipment and elevator penthouses are not included in the measurement of building height. Mechanical equipment shall be integrated and architecturally designed to match the building and not visible from adjacent streets. c Corner projections. If the project site is on a corner site that is greater than fifteen thousand square feet, a tower or other projecting architectural elements may extend up to twelve feet above the top of a primary roof, provided that the square footage of the element(s) does not total more than fifteen percent of the building footprint. The area above the uppermost permitted floor of the element(s) shall not be habitable space. The composition of the tower element shall be balanced, where the width of the tower has a proportional relationship to the height of the tower.
i. The tower element shall be proportional to the rest of the building. ii The tower element shall not be stepped back more than one foot at any point. iii. The maximum horizontal dimension of the tower element shall not exceed one hundred feet.
iv. Fenestration at the base of the tower shall be greater than the top. v. The roof shall include architectural detailing, such as a cornice or eave. d. Landscaped Buffer Required. A landscaped area at least four feet in width planted with evergreen shrubs shall be installed along the rear property line adjacent to any residential district to create a sound barrier and privacy screen. Shrubs shall be a minimum of five feet in height at planting the time of installation.
S. Wide Buildings. Any building over sixty feet wide shall be broken down to read as a series of buildings no wider than sixty feet each. Increases in the maximum building width and length may be approved through design review if recesses, offsets, or other architectural articulation modulate a "box-like" appearance.
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T. Building Projections. The maximum width of any projection, including bay windows, is ten feet, and the total of all projections along a building face shall not be more than ten feet wide or twenty-five percent of the building frontage, whichever is greater.
U. Limitations on Location of On-site Parking. Parking may be located within forty feet of the street facing property line in accordance with the following standards.
1. Underground and Partially Submerged Parking. Parking completely or partially underground, shall match the setbacks of the main structure. The maximum height of a parking podium visible from a street shall be five feet from finished grade.
2. Surface Parking. Above ground surface parking may be located within forty feet of a street facing property line with the approval of a minor use permit when the director makes the following findings:
a. Buildings are close to the public sidewalk to the maximum extent feasible; b. The parking area is screened along the public right-of-way with a wall, hedge, trellis, and/or landscaping; and,
f. The site is small and constrained such that underground, partially submerged, or surface parking located more than forty feet from the street frontage is not feasible.
U. Residential Landscaping and Open Space. Where residential uses are provided, both common and private residential open space "outdoor living area" must be provided. as common or private open space. Private areas consist of balconies, decks, patios, or fenced yards directly accessible from the residence. Common areas consist of landscaped areas, walks, patios, swimming pools, barbeque areas, playgrounds, turf, rooftop areas, or other such improvements as are appropriate to enhance the outdoor living environment of the development and landscaped courtyard entries that are oriented towards the public street.
1. Minimum Open Space. At least two hundred square feet of open space shall be provided for each unit in residential and mixed-use development. At least ten percent of the site shall be landscaped open space.
a. Private Open Space. Sixty square feet shall be private open space on balconies or decks. b. Common Open Space. For each unit, two hundred square feet of open space shall be provided, and spaces should be distributed throughout the site.
a. Minimum Dimensions.
i. Private Open Space. Private open space located on the ground level (e.g., yards, decks, or patios) shall have no horizontal dimension less than ten feet. Private open space located above ground level (e.g., balconies) shall have no horizontal dimension less than six feet. ii. Common Open Space. The minimum horizontal dimension is twenty feet. b. Usability. A surface shall be provided that allows for outdoor living and/or recreation. Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, or other serviceable, dust-free surfacing. The maximum slope shall not exceed ten percent.
c. Accessibility.
i. Private Open Space. The space shall be accessible to only one dwelling unit by a doorway to a habitable room or hallway.
ii. Common Open Space. The space shall be accessible to the living units on the lot. It shall be served by any stairway or other accessway qualifying as an egress facility from a dwelling unit.
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
Vallejo, California, Municipal Code
V. Non-residential Landscaping and Open Space. All portions of the building site, exclusive of structures, parking areas, recreational uses, driveways and walkway, shall be landscaped.
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
Vallejo, California, Municipal Code
Chapter 16.204 COMMERCIAL DISTRICTS
16.204.01 Purpose and applicability.
This chapter establishes the use regulations and site development standards for the commercial zoning districts. The purpose of the commercial and corridor zoning districts is to:
A. Provide for the orderly, well-planned, and balanced growth of commercial and mixed use districts.
B. Encourage a mix of uses that promote convenience, economic vitality, fiscal stability, and the quality of life in Vallejo.
C. Promote pedestrian- and transit-oriented, medium and high-density multi-family housing, mixed-use commercial centers at appropriate locations.
D. Establish design standards that improve the visual quality of development and create a unified, distinctive, and attractive character along streets and corridors in commercial districts.
E. Provide appropriate buffers and transition standards between commercial and adjacent residential neighborhoods.
More specifically, the purposes of the individual commercial and corridor zoning districts are as follows:
NC Neighborhood Commercial: The NC Zoning District is intended to create and establish regulations for neighborhoods in which limited retail commercial goods and services are provided on small sites to meet the day - to-day needs of local residents.
CC Central Corridor Commercial: The CC Zoning District is intended to create and establish regulations for community serving mixed-use areas along the Sonoma Boulevard Central Corridor and areas subject to the Sonoma Boulevard Specific Plan. Land uses include mixed-use with housing, medium and high density residential or non-residential uses at street level, subject to design and development standards to promote a mixed -use and pedestrian orientation.
WC Waterfront Commercial: The WC Zoning District is intended to create and establish regulations for areas along the waterfront that provide waterfront-related retail and service uses and visitor accommodations in building forms appropriately scaled to the waterfront. Public access to the shoreline must be provided where development is adjacent to the Napa River, Mare Island Strait, or Carquinez Strait. No residential uses are allowed.
RC Regional Commercial: The RC Zoning District is intended to create and establish regulations for sites that provide general retail, services, and commercial recreation and entertainment for local residents as well as consumers and visitors from the region. Design and development standards will accommodate auto -oriented uses and require buffering and transitions to adjacent residential neighborhoods.
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
16.204.02 Development regulations.
The Table below prescribes the development standards for the commercial districts. Additional regulations are listed in the right-hand column. Chapter numbers in this column refer to other chapters of the Zoning Code and individual letters refer to sections that directly follow the table. The numbers in each illustration below refer to corresponding regulations in the "Fig #" column in the table.
TABLE 16.204-A: DEVELOPMENT STANDARDS: COMMERCIAL DISTRICTS
FIG
#
DISTRICT NC WC CC RC ADDITIONAL
REGULATION
S
LOT SIZE AND DENSITY
Minimum/Maximum
Density (units/net
acre)
16/50 16/30 (if
General Plan is
Neighborhood
Corridor)
--
Max. 12 (if
General Plan is
Primarily
Single-Family)
n/a 16/50 (if
General Plan
is Central
Corridor)
--
16/50 (if
General Plan
is Business
Limited
Residential)
--
16/50 (if
General Plan
is District-
North
Gateway)
n/a (if General
Plan is Retail/
Entertainment)
--
1816/50 (if
General Plan is
Business Limited
Residential)
Minimum Lot Size
(sq. ft.)
n/a 5,000 5,000 5,000
Minimum Lot Width
(ft.)
n/a 50 50 100
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
Maximum Non-
Residential Floor
Area Ratio (FAR)
2.0 2.0 1.5 2.0
--
3.0 (if
General Plan
is Central
Corridor)
1.5 --
2.0 (if General
Plan is
Business/Limited
Residential)
BUILDING PLACEMENT AND SETBACKS
Minimum Front
Setback, Residential
Development
0 Zero to 8 ft. n/a 0
Setbacks,
Residential-only
Development
Residential-only development is subject to the setback
requirement of the RHD District
See Section
16.501.07,
Projections
Into Required
Yards
Setbacks, Commercial and Mixed-Use Development (ft.)
① Street Frontages (A) 0 0; -10 where abutting R District See Section
16.501.07,
Projections
Into Required
Yards
② Interior Side (B) 0; -10 where
abutting R
District
5; -10 where abutting R District
③ Rear (B) 0; -10 where
abutting R
District
5; -10 where abutting R District
BUILDING HEIGHT
④ Building Maximum
Height (stories)
3 3 8 8 See Section
16.501.05,
Height
Exceptions
⑤ Building Minimum
Height (ft.)
n/a n/a n/a n/a
⑥
Ground Floor
Residential Uses
n/a n/a 12 12
⑥
Ground Floor Non-
Residential Uses
15 15 15 n/a
⑧
Parking Podium Maximum height of a parking podium visible from the street is 9 ft. from finished grade
GROUND FLOOR MINIMUM HEIGHT
Ground Floor
Residential Uses
n/a 12 12 n/a 12 12
Ground Floor Non-
residential Uses
15 15 15 n/a 15
⑦
First Floor Ceiling
Height, Non-
residential Uses
12 12 12 n/a 15
Parking Podium Maximum height of a parking podium visible from the street is 9 ft. from finished grade.
OPEN SPACE
Residential
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
Minimum Private
Open Space (sq. ft.
per unit)
60 (I) n/a 60 (I) 60 (I) See Chapter
16.504,
Landscaping
Minimum Common
Open Space (sq. ft.
per Unit)
200 (I) n/a 200 (I) 200 (I)
Non-Residential
Minimum Amount of
Landscaping (% of
site)
5 (j) n/a (J) See Chapter
16.504,
Landscaping
Street Trees (ft.
frontage)
1 per 50 ft. of
frontage
1 per 30 ft. of frontage
ADDITIONAL STANDARDS
Fences and Walls See Chapter 16.505, Fences, Walls, and Screening Lighting See Chapter 16.506, Lighting and Glare
Off-Street Parking
and Loading
See Chapter 16.508, Off-Street Parking and Loading
Measurement See Chapter 16.104, Rules For Measurement
Parking Lot
Landscaping
See Chapter 16.504, Landscaping
Projections into
Required Yards
See Section 16.501.07, Projections Into Required Yards
Height Exceptions See Section 16.501.05, Height Exceptions Landscaping See Chapter 16.504, Landscaping
A. Build-to Line - NC and CC. Buildings shall be constructed at the street frontage or required setback line (the "build-to" line) for at least sixty percent of the building frontage. At least two -thirds of the area between the building and lot line shall be paved so that it functions as a wider public sidewalk. Vehicle access is not allowed through the setback unless the frontage provides the only access to the residential portion of the site. This requirement may be modified or waived by the director upon fi nding that:
1. Substantial landscaping at least five feet wide will be located between the build -to line and ground floor residential units to soften visual impact of buildings;
2. Entry courtyards, plazas, entries, or outdoor eating and display areas will be located between the build- to line and building, provided that the buildings will be built to the edge of the courtyard, plaza, or outdoor dining area; or
3. The building will incorporate an alternative entrance design that will create an entry featu re facing the street.
B. A Required Side and Rear Yards for Residential Uses. In order to provide light and air for residential units, the following minimum setbacks apply to any building wall containing windows for residential units and facing an interior side or rear yard.
1. For any wall containing windows, a setback of at least five feet shall be provided.
2. For any wall containing living room or bedroom windows, a setback of at least ten feet shall be provided.
3. The required setbacks apply to that portion of the building wall containing a window and extending three feet on either side of the window.
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
C.B. Height Limitations and Exceptions. In order to encourage more development along corridors, regardless of district, however acknowledging and preserving existing single-family residential areas a height limit and buffer is proposed as follows:
D.C Daylight Plane Required Adjacent to Residential Districts. Buildings shall not extend above a plane starting at twenty-five feet in height directly above the property line abutting any residentially -zoned parcel, or where there is an alley, the centerline of the alley, and from that point, extending in at a forty -five-degree angle from vertical toward the interior of the site. The 25-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Chapter 16.104, Rules for Measurement.
E.D Architectural Features. A parapet wall, cornice, sloping roof or solar energy inst allation may project up to four feet above the height limit. Uninhabited roof structures that screen mechanical equipment and elevator penthouses are not included in the measurement of building height. Mechanical equipment shall be integrated and architecturally designed to match the building and not visible from adjacent streets.
F.E Corner Projections. If the project site on a corner site that is greater than fifteen thousand square feet, a tower or other projecting architectural elements may extend up t o twelve feet above the top of a pitched roof, provided that the square footage of the element(s) does not total more than fifteen percent of the building footprint. The area above the uppermost permitted floor of the element(s) shall not be habitable space.
1. The composition of the tower element shall be balanced, where the width of the tower has a proportional relationship to the height of the tower.
2. The tower element shall be proportional to the rest of the building.
3. The tower element shall not be stepped back at any point.
4. The maximum horizontal dimension of the tower element shall not exceed one hundred feet.
5. Fenestration at the base of the tower shall be greater than the top.
6. The roof shall include architectural detailing, such as a cornice or eave.
G.F Landscaped Buffer Required. A landscaped area at least four feet in width planted with evergreen shrubs shall be installed along the rear property line adjacent to any residential zoning district to create a sound barrier and privacy screen. Shrubs shall be a minimum of five feet in height at the time they are planted.
H.G Upper Story Limitations. For the RC and CC Zoning Districts, the maximum allowable number of stories shall not exceed three within fifty feet of an RLD District. All floors above the third story in the CC District shall contain only residential uses and shall be set back a minimum of ten feet from the story below.
16.204.03 Additional regulations.
A. Mixed-Use Development. A combination of permitted commercial uses may be established in the same building or on the same lot as a residential use subject to compliance with all applicable requirements for the use and the development intensity. A minimum of fifteen percent of non -residential space on the ground floor is required along street frontage (does not include alley).
1. Minimum Required Active Commercial Uses on Frontages. Development in mixed-use commercial districts with more than one hundred feet of frontage shall provide the following minimum ground - floor street frontage for active commercial uses (that have regular customers throughout the day e.g., retail shops, restaurants).
2. a. CC District. Forty percent on the primary frontage and thirty percent on secondary frontages.
3. b. NC District. Thirty percent on the primary frontage and twenty percent on secondary frontages.
B. Reductions When Allowed. The minimum required active use on secondary frontag es may be reduced if the director finds that (1) the proposed use has unique operation characteristics where the required active use is Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
incompatible, such as in the case or a movie or live theater, and (2) street facing walls exhibit architectural relief and detailing that enhance the pedestrian environment.
C. Pedestrian Entrances and Paths.
1. Entrances. All non-residential activities located at the street level shall provide one direct at -grade entrance from the public right-of-way for each street frontage exceeding fifty feet. a. Where such frontages exceed one hundred feet, one entrance shall be provided for each one hundred feet of frontage or portion thereof.
b. Separate pedestrian entrances for a single tenant must be at least twenty -five feet apart. c. Recessed entrances shall not exceed twenty-five feet in width and the face of a door or gates shall be within fifteen feet of the lot property line.
2. Pedestrian Paths. In shopping centers and mixed-use development, each commercial tenant space shall be accessible from an abutting public street by a pedestrian path that is at least four feet wide. The path shall be continuous, clear of obstructions, easily identifiable as a pedestrian path, and visually distinguishable from other hardscaping.
a. Pedestrian paths shall be separated from vehicular access areas by wheel stops, curbs, landscaping, or other physical barriers, except when crossing driveways or aisles. b. Pedestrian paths and sidewalks connecting building entrances to the street and public sidewalks shall be continuous, clear of obstructions, easily identifiable, and visually distinguishable from surrounding concrete or hardscape areas.
c. Pedestrian paths and sidewalks must be separated from parking area by wheel stops, curbs, landscaping, or other physical barriers.
D. Additional Residential Density. Additional residential density up to twenty-five percent may be approved, exceeding the limits as set forth in Chapter 16.214, Affordable Housing Incentives, or per State law. subject to the following:
1. On-site childcare or senior care facility for a minimum of twenty percent of the units equal to number of children providing service for, or
2. On-site public plaza or public park maintained by the development, or
3. Contribution to in-lieu affordable housing fee, or
4. On-site public art approved by the arts commission.
E. Street Preservation. Existing public right-of-way shall be preserved. Public right-of-way shall not be eliminated or abandoned, unless substantial public benefits are provided, such as a new park, a community garden or a trail on pedestrian passages.
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
TABLE 16.204-B: BUILDING FORM STANDARDS: COMMERCIAL DISTRICTS
FIG # DISTRICT# NC WC CC RC ADDITIONAL
REGULATIONS
Maximum Building
Length (ft.)
100 150 150 200
⑩ Maximum Length of
Blank Wall (ft.)
10 for
ground floor,
25 for upper
floors
25 for upper
floors
20 for
ground floor,
25 for upper
floors
50 (H)
⑪ Bay Window
Projections (ft.)
Max. 3 ft. from primary facade and min. 12 ft. above sidewalk grade
(G)
⑫ Awnings &
Overhangs (ft.)
Min. 4 ft. from primary facade and 8 ft. above sidewalk grade ⑬ Awning Setback from
Curb
Min. 2 ft. clear
F. Street Frontage Improvements. New development shall provide street frontage improvements in accordance with the following:
1. Between the Property Line and Curb.
a. Sidewalks. Sidewalks shall be provided if none exists or if the existing sidewalks are in poor condition, as determined by the City Engineer/Public Works Director.
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
b. Street Furniture. Trash receptacles, benches, bike racks, and other street furniture shall be provided, as determined by the approving body.
c. Streetlights. Pedestrian-scaled streetlights not to exceed fourteen feet in height, including attachments from which banners may be hung, shall be provided. d. Street Trees. Shade trees shall be planted no more than thirty feet on center. Tree guards shall be provided. Trees shall be a minimum of fifteen gallons in size, and at least ten percent of the required trees shall be twenty-four-inch box size or larger.
2. Interior from Property Line. Except where occupied by a building or necessary for parking access, the street frontage, for a depth of ten feet from the property line, shall be utilized for pedestrian circulation or active outdoor uses, including, but not limited to outdoor dining; paved for public uses so that it functions as part of a wider public sidewalk; or improved with landscaping, public art, and/or pedestrian amenities, such as outdoor seating.
G. Building Orientation and Entrances.
1. Buildings shall be oriented to face public streets.
2. Building frontages shall be generally parallel to streets, and the primary building entrances shall be located on or within twenty feet of a public sidewalk. The director may grant exceptions to this standard for uses with unique needs.
3. Entrances located at corners shall generally be located at a forty-five-degree angle to the corner and shall have a distinct architectural treatment, such as angled or rounded corners, arches, and other architectural elements.
4. Entrances to residential units shall be physically separated from the entrance to commercial uses and clearly marked with a physical feature incorporated into the building or an appropriately scaled element applied to the facade.
H. Building Transparency Required for Non-Residential Uses. Exterior walls facing and within twenty feet of a front or street side property line shall include windows, glass doors, or other openings for at least sixty percent of the building wall area located between 2.5 and seven feet above the level of the sidewalk.
1. Required Openings. No wall may run in a continuous plane (See Table 16.204 -B: Building Form Standards: Commercial Districts) without a window or other opening. If a lot has more than one street frontage, this standard applies to the primary frontage.
2. Design of Required Openings. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least twenty-four inches deep and set into a wall. Windows that provide visibility into storage areas, vehicle parking areas, utility areas and display cases attached to outside walls do not qualify fulfill this requirement.
3. Exceptions for Parking Garages. Multi-level garages are not required to meet the building transparency requirement of this section. Instead, they must be screened and treated, consistent with the requirements of Chapter 16.508, Off-Street Parking and Loading.
4. Alternatives through Director's Review. Alternatives to the building transparency requirement may be approved if the director finds that:
a. The proposed use has unique operational characteristics where providing the required windows and openings is incompatible, such as in the case of a movie or live theater; and b. Street-facing building walls will exhibit architectural relief and detail and will be enhanced with landscaping to create visual interest at the pedestrian level.
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
I. Building Design and Articulation. Commercial and mixed-use buildings shall provide adequate architectural articulation and detail to avoid a bulky and "box-like" appearance subject to the following standards.
1. Vertical Relationship. Buildings shall be designed to have a distinctive base (ground floor level), middle (intermediate upper floor levels), and top (either top floor or roof level). Cornices, balconies, roof terraces, and other architectural elements should be used, as appropriate, to terminate rooflines and accentuate setbacks between stories.
2. Windows.
a. Window frames shall be inset at least two inches from the face of the building to enhance shadow-line around opening.
b. Snap-in vinyl mullions between double pane glass are prohibited. If a divided light appearance is desired, mullions must be made of dimensional material projecting in front of the panes on both the inside and outside of the window.
c. Exceptions may be granted by the director to accommodate an alternative window design that is consistent with the architectural style of the structure.
3. Exterior Building Materials and Colors.
a. A unified palette of materials shall be used on all sides of buildings. b. Colors shall be used to help delineate windows and other architectural features to increase architectural interest.
4. Building Details.
a. Building facades shall include building projections or recesses, doorway and window trim, and other details that provide architectural articulation and design interest. b. All applied surface ornamentation or decorative detailing shall be consiste nt with the architectural style of the building.
c. Each side of the building that is visible from a public right-of-way shall be designed with a complementary level of detailing.
5. Roof Articulation. Buildings exceeding forty thousand square feet in floor area shall be designed with staggered rooflines, shaded roof decks, or other forms of architectural articulation.
J. Pedestrian Access on Large Sites (Over five acres).
1. Internal Connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on -site open space areas or pedestrian amenities.
2. Circulation Network. Regular connections between on-site walkways and the public sidewalk and other planned or existing pedestrian routes and trails shall be provided. An on -site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage.
3. Adjacent Properties. Direct and convenient access shall be provided from commercial and mixed -use projects to adjoining residential and commercial areas to the maximum extent feasible, while still providing for safety and security.
4. Transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances.
5. Interior Pedestrian Walkway Design.
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
a. Walkways shall have a minimum clear, unobstructed width of six feet, where feasible, but at least four feet, shall be hard-surfaced, and paved with concrete, stone, tile, brick, or comparable material.
b. Where a required walkway crosses driveway, parking areas, or loading areas, it must be clearly identifiable through the use of a raised crosswalk, a different paving material, or similar method. c. Where a required walkway is parallel and adjacent to an auto travel lane, it must be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier.
K. Shopping Centers. Shopping centers containing twenty-five thousand square feet or more of floor area are subject to the following standards and criteria for approval.
1. Entry Plazas/Passenger Loading Areas. A plaza shall be provided at the entry to each anchor tenant that provides for pedestrian circulation and loading and unloading. Entry plazas and passenger loading areas shall include unique, decorative paving materials, adequate seating areas, and provision of adequate shade from the summer sun, and attractive landscaping including trees or raised planters.
Entry plazas with features described under paragraph 4(c) below may be counted toward the public plaza requirements.
2. Location of Parking Areas. Surface parking lots shall be located to provide users with maximum access to buildings within the shopping center without moving their vehicles either behind or to the side of buildings. Parking areas shall not be located between buildings and any primary street.
3. On-Site Public Plazas. Privately-owned, publicly accessible outdoor plazas for the use of customers and visitors shall be provided at a rate of five square feet per one thousand square feet of floor area, up to one thousand five hundred square feet for required outdoor plazas. a. Location. Public plazas shall be visible from a public street, or from on-site areas normally frequented by customers, and shall be accessible during business hours. b. Amenities. On-site privately-owned public outdoor space shall include benches or other seating, and the ground surface shall be landscaped or surfaced with high -quality paving materials.
Amenities shall be provided that enhance the comfort, aesthetics, or usability of the spa ce, such as shade trees and other landscaping, shade structures, drinking fountains, water features, public art, and performance areas.
4. Design Criteria. In order to receive approval for a shopping center, the director or the planning commission, whichever has final approval authority, shall find that all of the following criteria have been met.
a. Integrated Theme. Buildings and structures exhibit an integrated architectural theme that includes similar or complementary materials, colors, and design details. b. Site Entrance. The driveway entrance provides an organizing element to the site design with features such as a landscaped entry corridor or a divided median drive separated by a landscaped center dividing island.
c. Building Entrances. Building entrances to anchor tenants and other large stores are prominent and inviting. The architectural details of building entrances are integrated with the overall building design in terms of materials, scale, proportion, and design elements. d. Vehicular Circulation. Safe, convenient vehicular circulation is provided within the development through an appropriate system of internal vehicular circulation routes based on a hierarchy of driveway aisles and cross routes. Where pedestrian circulation routes cross ve hicular traffic aisles and driveways within a development, there are clearly delineated crosswalks that include clear sight lines, adequate warning signage, adequate lighting, and protective barrier posts or similar features at walkway entrances.
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
e. Cart Corrals. Adequate, convenient cart corrals are provided near building entrances and throughout the parking areas.
f. Lighting. A combination of attractively designed and located lighting fixtures, including low pole lights, ground-mounted fixtures, light bollards, and architectural lighting provides interesting compositions for outdoor lighting, as well as a safe, secure environment. g. Shade Areas. Pedestrian areas, such as walkways, building entrances, and gathering areas, are adequately shaded from the summer sun through such techniques as the careful placement of trees and landscaping, trellis structures, projecting canopies, covered walkways, arcades, porticos, building orientation, and similar techniques.
L. Public Access for Shoreline Development. Any development along San Pablo Bay, the Napa River, Mare Island Strait, or the Carquinez Strait shall provide public access to and along shoreline consistent with state and Bay Conservation and Development Commission requirements, and shall include in-water access where feasible, consistent with General Plan Policy NBE-4.1.
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
Chapter 16.212 HILLSIDE DEVELOPMENT STANDARDS
16.212.01 Purpose and applicability.
These regulations ensure that Hillside Development complements and is sensitive to existing terrain, views, and significant natural landforms and features, and preserves and enhances Vallejo's scenic character, including its natural waterways and hillsides.
The provisions of this chapter apply to any subdivision, new use, or structure (including accessory structures), additions to existing structures and other development on any parcel with an average slope of fifteen percent or greater, hereinafter referred to as a "Hillside Parcel." A. Slope measurement. Average slope is the characteristic slope of the ground surface of an area of land, expressed as a percent, based on the most accurate available topographic information. Average slope shall be based upon the natural slope of the ground surface and determined based as follows:
1. Basic Method. This method can be used where the director determines that slopes are uniform, with little variation. Where line drawn between the highest and lowest points on a parcel is adequate to represent the direction and extent of slope for the entire parcel, the difference in elevation between the high and low points, divided by the distance between the points will determine the average slope.
2. Contour Measurement Method. Where varied slope conditions or complex topography exist, average slope shall be measured pursuant to the following formula.
S = 0.00229 (I x L)
A
Where: S = Average slope of the parcel in percent
A = Total number of acres in the parcel (or section measured) L = Length of contour lines in scaled feet
I = Vertical distance of contour interval in feet
.00229 = The factor for conversion of square feet to acres times 100 percent
B. All measurements shall be taken in no greater than ten foot increments for the vertical distance of contour lines, taking the vertical distance, or "rise," over the horizontal distance, or "run." The resulting fraction, or percentage, is the "slope" of the land.
C. Conflicts. In the event of a conflict between the provisions of this chapter and other development code regulations, including the provisions of the applicable zoning district, the provisions of this chapter shall apply. The exception is when a project is also subject to Chapter 16.213, Residential View District, the more restrictive and greatest noticing requirements shall apply.
D. Exceptions.
1. The provisions of this chapter do not apply to additions to existing single -unit residences when the area of the addition is less than fifty percent of the area of the existing residence and there is no Hillside Development Permit for the existing residence.
2. Nothing in this chapter shall prohibit the construction and occupancy of a single -unit residence on a hillside parcel created pursuant to the Subdivision Map Act and the city's subdivision ordinance. New development shall be built in compliance with this chapter.
16.212.02 Requirements.
A. Hillside Development Permit required. A Hillside Development Permit shall be required for all development on any parcel where the average slope is fifteen percent or greater and shall be processed in the same Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
manner as a minor use permit pursuant to Chapter 16.606, Minor and Major Use Permits, subject to the requirements of this chapter.
B. Soils and Geotechnical Report and Peer Review required. All applications for a Hillside Development Permit, shall include, in addition to the requirements of Chapter 16.606, a soils and geotechnical studies prepared by a qualified licensed geotechnical engineer and engineering geologist.
1. The study shall include all information and materials required by the city engineer.
2. The report shall be all such reports shall be subject to peer review by a qualified licensed geotechnical engineer and engineering geologist hired by the city and paid for by the applicant.
3. The applicant shall incorporate all recommendations into the design of the project.
4. This requirement may be waived if the city engineer determines that the project, because of its size, location, or design, will not have a significant impact on the hillside, or that sufficient information already exists, and further analysis is not necessary.
C. Density Reductions. The minimum density shall be reduced on a hillside parcel such that no density is afforded for areas of the parcel that exceed a thirty percent slope.
D. Development standards. All hillside development shall comply with the following development standards in addition to the standards for the applicable base zoning district.
1. Slope Limits. Land with an average slope of thirty percent or more shall not be developed, except to allow necessary grading for slope stability, as approved by the City Engineer/Public Works Director.
Development on land with an average slope of twenty percent or more may be permitted by the director only when all of the following findings can be made:
a. It is substantially infeasible to locate the proposed building inside the maximum percent slope area;
b. Where such location would have a substantially less impact on the environment; c. Where such location is deemed appropriate to facilitate clustered development; and d. Measures are included that provide adequate mitigation of environmental impacts such as visual, biological, and geotechnical impacts.
2. Treatment of Sloped Areas.
a. All areas with an existing average slope of thirty percent or greater shall be left undisturbed , except to allow necessary grading for slope stability, as approved by the City Engineer/Public Works Director;
b. All areas with an existing average slope of twenty percent or more that are not covered with structures or used for access to the property shall not be paved, and shall only be disturbed as necessary to develop the site;
c. Slopes created or altered by grading shall not exceed thirty percent; and d. For slopes up to fifteen percent, impervious surfaces shall not exceed forty percent of the gross land area. Slopes that exceed fifteen percent shall not have impervious surfaces that exceed thirty percent or less.
3. Protection of Ridgeline Views. The highest point of any structure shall not be located within one hundred vertical feet of a ridgeline (i.e., a ground line located at the highest elevation of a connected series of major and minor hills).
4. Subfloor Parking for Nonresidential Buildings. The maximum allowable floor area for nonresidential development may be increased to a maximum of twenty percent when at least twenty -five percent of Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
the required parking spaces are provided below grade, or in a subfloor, and incorporated into the design of the building.
E. Fences. Exterior fencing on hillside parcels shall be limited to wire mesh with wood posts or other similar natural materials that are transparent and do not significantly affect views of the site. Chain link fencing, solid wood, masonry, or other opaque fence/wall materials are prohibited.
F. Grading control. All development subject to the requirements in this chapter shall also be subject to the provisions of Chapter 12.40 of the Vallejo Municipal Code, entitled "Excavations, Grading and Filling."
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
Chapter 16.508 OFF STREET PARKING AND LOADING
16.508.07 Standards for off-street parking areas.
The standards in this chapter apply to all off-street parking areas except those used exclusively for tandem or valet parking. All required parking spaces and associated maneuvering aisles, driveways, and other related features shall be designed and arranged to provide motor vehicles with adequate ingress to and egress from all required parking spaces, and to provide pedestrians with adequate access to parked vehicles.
A. Location of Parking. All vehicles are prohibited from parking on any unpaved lawn area or on any unapproved parking pad. Required parking spaces shall be located on the same lot as the use to be served, except as provided for by approved off-site parking (C.1, below). Abandoned, inoperable, unlicensed and junk vehicles shall not be parked on any property other than a lot that the city has approved for such use.
B. Residential Parking.
1. Garages/Carports/Uncovered Residential Parking. For residential uses, r Required off-street parking located in the front half of a lot or within twenty-five feet of the side street on a corner lot shall be covered with carport, garage or roofed structure except as allowed below:
a. One uncovered parking space may be provided in the required front yard on a paved pad for an accessory dwelling unit; and
b. Uncovered off-street parking for residential uses may be in the rear half of the lot when more than twenty-five feet from a side street.
2. Bus and Large Truck Parking Prohibited in Residential Zoning Districts. No vehicle that is used or intended to be a commercial or industrial bus, motor truck, trailer coach, or truck tractor and has a manufacturer's rated capacity in excess of three-quarter ton shall be parked in any residential zoning district between the hours of 6:00 a.m. and 6:00 a.m.at any time, except on a public street, alley or parkway as permitted by Title 8, Vehicles and Traffic, of the Vallejo Municipal Code.
3. Parking in Residential Driveway of Recreational Vehicles. Operable recreational vehicles that are currently registered with the state department of motor vehicles, including campers, boats, trailers, etc. may only be parked on a residential driveway in compliance with the requirements of Section 16.508.11 Recreational Vehicle Parking.
C. Nonresidential parking.
1. Off-street parking spaces for nonresidential uses shall be located on the same site or within a distance not to exceed one-half mile from the nearest lot property line of the property where the use for which the parking spaces are required subject property. The applicant shall be required to show provide evidence and deed restrict that the off-site parking for the duration of the use is reserved for the applicant’s use, if such parking is on private property.
2. Surface parking shall be paved and set back from local streets at least ten feet and from collector and arterials fifteen feet. Setbacks may be reduced to five feet when combined with a n approved landscaped area. if the minimum total setback meets the requirements of this chapter.
D. Surface Parking Lots. Surface parking lots are subject to the following restrictions and standards. The area of a surface parking lot shall include all features within the lot's outer edges, including all parking spaces, maneuvering aisles, access driveways, and perimeter and interior landscaping, walkways, and other features.
1. Large Parking Lots. If on-site parking for more than seventy-five spaces is needed, such parking facilities shall be designed to have landscaping or design features so as not to be highly visible Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
from public rights-of-way, or be provided within buildings or parking structures or in separate lots that are each less than two acres in size, or shall be otherwise covered by a structure that serves a non-parking function, such as solar panels, recreational facilities, roof deck, or green roof.
2. Pedestrian Circulation Walkways. Parking lots containing fifty or more spaces shall have walkways separated from motor vehicle maneuvering aisles and driveways connecting the principal building or buildings served by the lot to the farthest point of the lot from the main pedestrian entrance of such building or buildings.
a. 3. Materials and Width. Walkways shall provide a minimum of four feet of unobstructed width and be hard surfaced with materials and colors delineating from principal parking lot. b. 4. Identification. pedestrian wWalkways shall be clearly differentiated from driveways, parking aisles, and parking and loading spaces using elevation changes, or curb separation, or different paving material, or similar method or a combination thereof. c. 5. Separation. Where a pedestrian wWalkway is parallel and adjacent to an auto travel lane, it shall be raised and separated from the travel lane by a raised curb at least six inches high, bollards, or another physical barrier.
3.6. Landscaping. Parking lots shall be landscaped in compliance with the requirements of Section
16.504.04, Landscaping and Screening of Parking Areas.
E. Parking Layout and Dimensions. The layout and dimensions of off-street parking facilities shall be as set forth in Figure 16.508-A and Table 16.508-C, and as further provided below.
1. Regulatory and Calculated Dimensions. Stall width, stall length, and aisle width, as shown in Table
16.508-C, are regulatory. Other dimensions shown in Table 16.508-C are calculated from these required dimensions and are provided for convenience reference.
2. Stall Width and Length. The required minimum stall width and length for various parking angles is set forth in Table 16.508-C. Compact spaces with an eight-foot width and sixteen-foot length are permitted for up to 25 percent of the required spaces.
a. Width. For parking angles of more than thirty degrees, the required minimum stall width is eight feet six inches. For parking angles of thirty degrees or less, the required minimum stall width is eight feet.
b. Length. For all parking angles other than parallel parking, the required minimum stall length is eighteen feet. For parallel parking, the required minimum stall length is twenty feet.
3. Two-Way Modules. Table 16.508-C provides the dimensions for parking modules with one-way traffic. For parking modules with two-way traffic, add the difference in width between a two-way aisle and a one-way aisle. For example, for a two-way module with a parking angle of forty-five- degrees, add eight feet, which is the difference between a two-way aisle (twenty feet) and a one- way aisle (twelve feet).
4. Overhang. Parking stall lengths, except for parallel spaces, may be reduced by two feet where the parking stall is designed to abut a landscaped area a minimum of five feet wide, such that the front of the vehicle can overhang the landscaped area.
5. Spaces Abutting Walls or Posts. For each side of a parking space abutting a wall or post, an additional foot of width shall be required. As an alternative, the space shall be restricted to parking for compact cars if the maximum number of compact spaces does not exceed the maximum of twenty-five percent allowed by Subsection (E.2).
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
F. [Repealed] Location of Parking Areas. Except as provided for off-site parking, required parking spaces shall be located on the same lot as the use to be served by the parking.
1. No vehicle shall be required to cross a loading space or another parking space in orde r to gain access to a required parking space, except for any tandem parking permitted.
2. No off-street parking shall be located in required front or street side yards.
3. No off-street parking spaces shall be located between the front lot line and the f ront wall of a building or its projection across the lot, except upon the granting of a minor use permit, as provided in Chapter 16.606, Minor and Major Use Permit. To grant such a use permit, the following findings shall be made in addition to the findings otherwise required:
a. There is no other feasible way to provide the required parking or the use has unique access or operational needs and the parking is deemed compatible with the streetscape and adjacent uses;
b. All applicable provisions of the design standards have been met; c. The applicable landscaping and screening requirements have been met; and d. On-street parking availability is limited, such that accommodation of all auto access and vehicle parking demand on-street is impractical.
TABLE 16.508-C: PARKING DIMENSIONS
Parking
Angle
Regulatory Calculated For Reference
Stall
Width
Stall
Length
Aisle Width Stall
Width
Stall Depth Module
(One-Way)
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
One-
Way
2-
Way
Parallel
To Aisle
Inter-
Locking
At
Wall
Non-
Inter-
Locking
Inter-
Locking
Half
Inter-
Locking1
Parallel 8 ft. 6
inches
22 ft.
and 20
ft. for
end
spaces
12 ft.
20 ft.
— — — 28 ft. — —
30° 9 ft. 18 ft. 12
ft.
20 ft.
16'-0" 12'-6" 15'-
11"
43'-10" 36'-11" 40'-5"
45° 9 ft. 18 ft. 12
ft.
20 ft.
12'-0" 15'-9" 18'-
9"
49'-6" 43'-6" 46'-6"
60° 9 ft. 18 ft. 16
ft.
20 ft.
9'-10" 17'-9" 19'-
10"
55'-8" 51'-5" 53'-7"
75° 9 ft. 18 ft. 20
ft.
20 ft.
8'-10" 18'-6" 19'-
7"
59'-2" 57'-0" 58'-9"
90° 9 ft. 18 ft. 25
ft.
25 ft.
8'-6" 18'-0" 18'-
0"
60'-0" — —
Notes:
1. Where O one side is interlocking and the other side is non-interlocking., like the parking layout illustrated in Figure 16.508-A.
G. Driveways and Access.
1. Driveway Width.
a. Parking facilities containing fewer than fifteen required parking spaces shall have only a single driveway of no less than nine feet and no more than ten feet in width. b. Parking facilities containing fifteen or more required parking spaces may have one lane driveways of no less than nine feet and no more than ten feet in width, and two -lane driveways of no less than eighteen feet and no more than twenty feet in width.
2. Vehicle Flow.
a. Except for those serving four or fewer residential units, a All parking areas shall be designed so that a vehicle leaving the parking area will enter the public right -of-way traveling in a forward direction, except for those serving four or fewer residential units. b. Parking areas shall be designed so that a vehicle will not have to enter a public right -of-way to move from one location to another within the parking area.
H. Surface Materials. All outdoor parking spaces, driveways, and maneuvering areas shall be designed, built and permanently maintained to avoid dust, mud and standing water and to maximize permeability, where feasible and appropriate. These surfaces may include traditional as phalt and concrete as well as pervious pavements, sand-set pavers, and supported turf systems. A combination of surfaces may be used; for example, two track driveways of concrete strips with pervious areas between the strips and on the edges.
1. Cross-grades. Cross-grades shall be designed for slower stormwater flow and to direct stormwater toward landscaping, bio-retention areas, or other water collection/treatment areas.
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
2. Landscaping Alternative. Up to two feet of the front of a parking space may be l andscaped with ground cover plants instead of paving.
3. Permeable Paving. Permeable paving, sand-set pavers, supported turf systems, and vegetation shall be used in all overflow parking areas and installed in accordance with manufacturer recommended specifications.
4. Turf Grids/Grassy Pavers. Turf grids/grassy pavers shall be installed in areas of low traffic or infrequent use, wherever feasible.
5. Striping and Marking. In all parking facilities with four or more spaces, each parking space shall be clearly striped with paint or similar distinguishable material, except that the director may approve alternate means of marking spaces.
6. Perimeter Curbing. A six-inch wide and six-inch high concrete curb shall be provided along the outer edge of the parking facility pavement, except where the pavement abuts a fence or wall.
Curbs separating landscaped areas from parking areas shall be designed to allow stormwater runoff to pass through.
I. Separation from On-Site Buildings. Parking areas shall be separated from the front and side exterior walls of on-site buildings by walkways a minimum of four feet in width. Commercial buildings with twenty-five thousand square feet or more of gross floor area shall be separated from on -site parking on all sides by a walkway a minimum of five feet in width, as well as a planter area at least three feet in width. These requirements do not apply to parking areas containing five or fewer spaces.
J. Heat Island Reduction. A heat island is the increase in ambient temperature t hat occurs over large paved areas compared to natural landscape. In order to reduce ambient surface temperatures in parking areas, at least fifty percent of the areas not landscaped shall be shaded, of light -colored materials with a solar reflectance index of at least twenty-nine, or a combination of shading and light- colored materials and trees.
1. Shade may be provided by canopies, shade structures, trees, or other equivalent mechanism. If shade is provided by trees, the amount of required shading is to be reached within fifteen years.
To the extent maximizing the shading effect causes the trees to be placed in different locations than would otherwise be required, the placement required by this chapter controls.
2. Trees shall be selected from a list maintained by the city's public works department.
K. Vertical Clearance. All covered parking shall have a minimum vertical clearance of seven feet six inches except for spaces in parking lifts; the minimum vertical clearance for disabled parking shall be as required by the Building Code.
L. Slope. The maximum slope of parking facilities shall be as set forth below, unless the director approves a greater slope based upon the advice of a California-registered civil engineer or other qualified professional.
1. M. Parking Spaces. All parking spaces and abutting access aisles shall have a maximum slope of five percent measured in any direction.
2. N. Driveways and Ramps. The maximum slope of any driveway or ramp shall be twenty percent. If the slope of such driveway or ramp exceeds ten percent, transitions shall be provided at each end not less than eight feet in length and having a slope equal to one-half the driveway or ramp slope.
M O. Tandem Parking. Required parking may be arranged as tandem spaces; provide d, that pairs of spaces in tandem are assigned to the same residential unit or to employees of the same nonresidential establishment, or that a full-time parking attendant supervises the parking arrangements during periods of peak demand for the uses served. The required stall width, stall length, and aisle width shall apply to tandem spaces, except that the stall length shall be doubled for each pair of tandem spaces.
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
N. P. Parking Lifts. Required parking may be provided in parking lifts; provided, that if it is necessary to remove one vehicle from the lift to access another vehicle, the parking shall be subject to the provisions applicable to tandem parking. Parking lifts allowing each vehicle to be independently accessed have no such restrictions. The dimensional standards for ninety -degree parking shall apply to parking lifts, including the requirement for an aisle width of twenty-four feet. Exterior parking lifts shall be screened from public view.
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
Chapter 16.301 USE STANDARDS TABLE
16.301.01 Land use regulations.
Table 16.301-A: Land Use Regulations, prescribes the land use regulations for all the zoning districts.
In cases where a specific land use or activity is not defined, the director shall assign the land use or activity to a classification that is substantially similar in character. Use classifications and sub -classifications not listed in the table or not found to be substantially similar to the uses below are prohibited. Chapter numbers in the right -hand column refer to regulations in other parts of the Zoning Code.
A. WMX Exceptions. Land uses in the WMX district must comply with Table 3 of the Waterfront a nd Vallejo Station Planned Development Master Plan (PDMP). Waterfront planned development master plan supersedes these regulations in the event of a conflict unless preempted by state requirements.
B. Applicability of All Other Standards: In addition to the standards identified for the uses in this part, each building or site shall still be subject to all other standards of this code including, but not limited to Part II (16.200), District and Development Types and Part V (16.500), Site Development Standar ds.
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
TABLE 16.301-A: LAND USE REGULATIONS
USE TYPES RR RLD RMD RHD NMX DMX WMX NC WC CC RC O M IL IG PROS RCN PS ADDITIONAL
REGULATIONS
Development Review (Section 16.605) is required for new construction, reconstruction, rehabilitation alteration, or other imp rovements to the exterior of a structure, (See Parts II and V for Development Standards).
KEY:
P: Permitted; may be subject to Zoning Compliance Review determination; ZC: Zoning Compliance Review required; MNP: Minor Use Permit required; MJP: Major Use Permit required; "-" Not permitted; #: See Notes at end of table
AGRICULTURAL
Animal Husbandry P - - - - - - - - - - - - - - P P - Cultivation - - - - - - - - - - - - - - - P P - Agricultural Processing MNP P
Agricultural Production P - - - - - - - - - - - - - - P P -
COMMERCIAL
Adult Use Business - - - - - - - - - MJP - - - - - - - - Note 6 and Chapter 16.304, Adult Use Regulations Adult Motion Picture - - - - - - - - - MJP - - - - - - - - Adult Retail Store - - - - - MJP/11 - - - MJP - - - - - - - - Animal Care, Sales and Services (See sub-classifications below) Animal Boarding MNP - - - - - - - - - - - - MNP P - - - Chapter 16.306, Animal Keeping and Services Auctioning - - - - - - - - - - - - - MNP P - - - Grooming and Pet Store - - - - P P/11 - P/13 - P P - - - - - - - Horse Stables MNP - - - - - - - - - - - - - - P - - Chapter 16.306, Animal Keeping and Services Kennel P - - - - - - - - - - - - MNP P - - - Pet Clinic/Hospital - - - - MNP/13 MNP - P/13 - P P - - P P - - - Pet Day Care Service P P - P MNP - P P - - P - - - - - Auto/Vehicle and Equipment
Facilities
(See sub-classifications below)
Commercial Vehicle/Fleet Storage,
Commissary
- - - - - - - - - - - - - P P - - -
Commercial Vehicles and Equipment - - - - - - - - - MNP MNP - - MNP P - - - Recreational Vehicles Storage, Public - - - - - - - - - - MNP - - MNP P - - - Auto/Vehicle Sales (See sub-classifications below)
Auto Broker, Office Only - - - - P P P P P P P P - P - - - - Chapter 16.308, Automobile /Vehicle Sales, Leasing and Rentals Auto Broker, Office w/Indoor Display - - - - P - - - - P P - - P - - - - Auto/Vehicle New Sales, Leasing and
Rentals - Major
- - - - - - - - - MNP P - - - - - - -
Auto/Vehicle New Sales, Leasing and
Rentals - Minor
- - - - MNP MNP
/11,
26 - - - MNP/
16 MNP/
16 - - MNP - - - -
Auto/Vehicle Used Sales - - - - MNP
/21
- - - - MNP - - - MNP/
21 MNP - - -
Auto/Vehicle Services (See sub-classifications below)
Alternative Fuels and Recharging
Facilities
- - - - P P P P P P P P P P P - - P Chapter 16.309, Automobile/Vehicle Repair, Light and Heavy
Auto Vehicle Storage - - - - - - - - - - - - - P P - - - Auto/Vehicle Washing Detailing - - - - MNP - - - - MNP MNP - - P P - - - Chapter 16.310, Automobile/Vehicle Washing Auto/Vehicle Washing/Detailing,
Under 2,500 sq ft
- - - - MNP - - P - P P - - P P - - -
Auto/Vehicle/Equipment Repair -
Heavy
- - - - - - - - - P MNP - - MNP P - - - Chapter 16.309, Automobile/Vehicle Repair, Light and Heavy
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
Auto/Vehicle/Equipment Repair -
Light
- - - - MNP - - - - P P - - P P - - -
Service Station - Full Service - - - - MJP - - MJP - MNP MNP - - P P - - - Chapter 16.307, Automobile Service Stations Service Station - Minimum Service - - - - MNP - - - - MNP MNP - - MNP MNP - - - Salvage and Wrecking - - - - - - - - - - - - - - MNP - - - Banks and Financial Institutions (See sub-classifications below) Bank and Credit Union - - - - P P P P - P P P - P - - - - Check Cashing Business - - - - MNP MNP - - - P P - - P - - - - Business Services - - - - P P P P P P P P P/18 P/19 - - - - Catering Service - - - - MNP MNP P MNP - P P - - P P - - - Commercial Entertainment and
Recreation
(See sub-classifications below)
Electronic Game Center - - - - P MNP
/11
MNP MNP/
13 - P P - - - - - - - Note 10, Chapter 16.304, Adult Use Regulations, and 16.305, Alcoholic
Beverage Sales Entertainment Facility,
Large-scale (Indoor)
- - - - MNP MNP MNP - - - MJP - - - - P/23 - MJP Entertainment Facility, Large-scale
(Outdoor)
- - - - - MJP
/11
MJP - MNP MNP MNP - - - - - - MJP
Entertainment Facility, Small-Scale - - - - P P MNP P P P P - - - - - - MJP Live Theatre - - - - MNP MNP MNP MNP/
13 MNP MNP MNP - - - - - - MJP
Movie Theater - - - - MNP MNP MNP - - MNP MNP - - - - - - - Eating and Drinking Establishments (See sub-classifications below) Bar/Tavern/Lounge - - - - MNP MNP MNP MJP MNP MNP MNP - - - - - - - Note 10; Chapter 16.305, Alcoholic Beverage Sales, 16.316, and 16.330 Brewpub - - - - MNP MNP MNP MJP MNP MNP MNP - - - - - - - Nightclub - - - - MJP MNP MNP - - MNP MNP - - - - - - - Restaurant with Drive-Through - - - - MJP - - - - MJP MJP - - - - - - - Restaurant, Full Service - - - - P P P P P P P P - - - - - - Restaurant, Limited Service - P/3 P/3 P/3 P P P P P P P P P/19 P/19 - P/23 - P/25 Tasting Room/Wine Bar - - - - MNP MNP MNP MNP MNP MNP MNP - - - - - - - Mobile Food Vending, Off-street - - - - ZC ZC ZC ZC - ZC ZC - - - - - - - Chapter 16.327, Mobile Food Vending
Equipment Rental - - - - - - P/12 - P/12 P P - - P P - - - Financial, Insurance and Real Estate
Services
- - - - P P P P/19 P/19 P P - - - - - - - Food and Beverage Retail Sales (See sub-classifications below) Convenience Store - MNP
/3
MNP
/3
MNP
/3
P P MNP MNP
/19
MNP
/19
MNP
/13
MNP
/13
- - - - - - P/25 Note 10; Chapter 16.305, Alcoholic Beverage Sales
Farmers' Market - - - - MNP MNP MNP MNP - MNP MNP - - - - - - - Note 21; Chapters 16.318, Farmer's Markets and 16.305, Alcoholic
Beverage Sales
Grocery Store/Supermarket Small
(Less than 10,000 sf)
- MNP
/3
MNP
/3
MNP
/3
P P P P MNP P P - - - - - - - Note 10; Chapter 16.305, Alcoholic Beverage Sales
Grocery Store/
Supermarket Medium (10,000 sf -
50,000 sf)
- - - - MNP MNP MNP - - P P - - - - - - - Grocery Store/Supermarket Large
(50,001 to 75,000 sf)
- - - - MJP MJP MJP - - MNP P - - - - - - - Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
Liquor Store - - - - MJP MJP MJP - - MJP - - - - - - - - Produce Store - - - - P P P P MNP P P - - - - - - - Note 10; Chapter 16.305, Alcoholic Beverage Sales Public Market Small (Less than
30,000 sf)
- - - - MJP MJP MJP - - MNP MNP - - P P - - - Public Market Large (30,000 or More) - - - - - MJP - - - MJP MJP - - MNP MNP - - - Funeral and Interment Service - - - - MJP - - - - MJP MJP - - - - - - - Laboratory - - - - P/13 P - - - P P P P P P - - - Live/Work Unit - MNP MNP MNP ZC ZC MNP MNP MNP ZC ZC MNP /20
- MNP - - - - Chapter 16.324, Live/Work Units
Lodging (See sub-classifications below)
Bed and Breakfast MNP MNP MNP MNP - - MNP MNP - - MNP - - - - - - - Chapter 16.311, Bed and Breakfast Lodging Campground - - - - - - - - - - - - - - - MJP - - Hotels, Motels - - - MJP
/5
MNP MNP MNP - MNP P P - - - - - - -
Maintenance or Repair Services - - - - P P - P/13 P P P - - P P - - - Nursery and Garden Center (See sub-classifications below) Nursery and Garden Center, Small
(Less than 10,000 sf)
- - - - P P - P - P P - - P P - - -
Nursery and Garden Center, Large
(10,000 sf or More)
- - - - MNP - - MNP - P P - - P P - - - Offices (See sub-classifications below)
Business and Professional Offices - - - - P P P P/13 P/13 P P P P - - - - - Medical and Dental Office - MNP
/3
MNP
/4
MNP
/4
P P P P/13 P/13 P P P P - - - - -
Parking Facilities, Commercial - - - - P MNP MNP - - MNP MNP P P P P - - - Personal Services (See sub-classifications below)
General Personal Services - MNP
/3
MNP MNP P P P P- P- P- P- P - - - - - -
Massage Service - - - - ZC/7 ZC/7,
11 ZC/7 ZC/7 ZC/7 ZC/7 C/7 ZC/7 ZC/7 - - - - - Chapter 16.326, Massage Establishments
Massage Therapy - - - - ZC ZC ZC ZC ZC ZC ZC ZC ZC - - - - - Personal Services, Physical Training - - MNP MNP - - - P P P P - - - - P/23 - - Retail Sales (See sub-classifications below)
Building Materials, Sales and
Services
- - - - MNP
/26
MNP
/26
- - - MNP MNP - - P P - - -
Cannabis, Retail - - - - MNP - - - - MNP MNP - - MNP MNP - - - Vallejo Municipal Code Chapter
7.100, Marijuana; Chapter 16.312,
Cannabis Processing, Cultivation,
Distribution, Testing and Retail
Firearm Sales - - - - - - - - - MNP MNP - - - - - - - General Retail Small (Less than
10,000 sf)
- MNP
/3
MNP
/3
MNP
/3
P P P P P P P P - - - - - - Note 10; Chapter 16.305, Alcoholic Beverage Sales
General Retail Large (10,000 sf -
75,000 sf)
- - - - MNP - MNP - - P P - P - - - - - Large Format Retail (More than
75,000 sf)
- - - - - - - - - MJP MJP - - MJP - - - - Note 10; Chapters 16.322, Large Format Retail and 16.305, Alcoholic
Beverage Sales
Pawnshop - - - - - MNP - - - MNP MNP - - - - - - - Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
Smoke Shop or Tobacco Retailer - - - - MJP
/8
MJP
/8
- - - MJP
/8
MJP
/8
- - - - - - - Chapter 16.340, Tobacco Product
Sales
Swap Meet (Indoor) - - - - P P P P - P P - - - - - - - Swap Meet (Outdoor) - - - - MJP - - - - MNP MNP - - - - - - -
INDUSTRIAL
Artisan/Small-Scale Manufacturing - - - - P P P P/13 P P P - - P P - - - Artist's Studio (See sub-classifications below)
Artist's Studio-Light - - - - P P P P P P P - - P - - - - Artist's Studio-Heavy - - - - MNP MNP MNP - - MNP MNP - - P P - - - Breweries (See sub-classifications below)
Brewery, Brew-on-Premises - - - - - - - - - - - - - P P - - - Note 19; Chapter 16.305, Alcoholic Beverage Sales
Brewery Production - Micro - - - - MNP MNP MNP MNP MNP MNP MNP - - P P - - - Note 10; Chapter 16.305, Alcoholic Beverage Sales and Chapter 16.330,
Outdoor Dining and Seating
Brewery Production - Large - - - - - MNP MNP - - MNP MNP - - P P - - - Cannabis (See sub-classifications below)
Cannabis Cultivation - - - - - - - - - MNP/
15 - - - MNP MNP - - - Vallejo Municipal Code Chapter
7.200, Marijuana; Chapter 16.312,
Cannabis Processing, Cultivation,
Distribution, Testing and Retail
Cannabis Distribution - - - - - - - - - MNP/
15 - - - MNP MNP - - -
Cannabis Manufacturing - - - - - - - - - - - - - MNP MNP - - - Cannabis Testing Laboratory - - - - - - - - - - - - - MNP MNP - - - Contractors' Yard - - - - - - - - - - - - - P P - - - Chapter 16.501.06, Outdoor Storage Industry, General - - - - - - - - - - - - - MJP P - - - Media Production (See sub-classifications below)
Media Production Support Facility - - - - P P P P - P P P - P P - - - Media Production Full-Service
Facility
- - - - - - - - - MNP MNP P - P P - - - Recycling Facilities (See sub-classifications below)
Recycling, Large - - - - - - - - - MJP - - - MJP P - - - Chapter 16.333, Recycling Facilities Recycling, Small - - - - MNP - - MNP - MNP MNP - - ZC ZC - - - Research and Development - - - - P P P - - P P P P MNP MNP - - - Warehousing, Storage and
Distribution
(See sub-classifications below)
Chemical, Mineral, and Explosive
Storage
- - - - - - - - - - - - - - MJP - - - Chapter 16.320, Hazardous Materials Handling and Storage
Indoor Warehousing and Storage - - - - - - - - - MNP/17 MNP/17 - - P P - - - Outdoor Storage - - - - - - - - - - - - MNP P - - - Chapter 16.501.06, Outdoor Storage Mini-Storage - - - - - - - - - - - - - MJP MJP - - - Chapter 16.331, Personal Storage
PUBLIC AND SEMI-PUBLIC
Adult Day Care (See sub-classifications below)
Small (6 or fewer and less than 5,000
sf)
P P P P P P P MNP - MJP - - - - - - - P Chapter 16.315, Day Care, Adult and Child
Large (More than 6 and 5,000 sf or
larger)
MNP MNP MNP MNP MNP MNP MNP P - MJP - - - - - - - P Cemetery - - - - - - - - - - - - - - - MJP - MJP Childcare Center/Family Day Care (See sub-classifications below) Small (Less than 5,000 sf) - - - - P P - P P P P - - - - - - P Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
Large (5,000 sf or More) - - - - MNP MNP - MNP - P P - - - - - - P Chapter 16.315, Day Care, Adult and Child
Child Care and Early Education
Facility
(See sub-classifications below)
Small (Less than 5,000 sf) P MNP MNP MNP MNP MNP - - - - - - - - - - - P Chapter 16.315, Day Care, Adult and Child Large (5,000 sf or More) MNP MNP MNP MNP - - - - - MNP - - - - - - - P Colleges and Trade Schools, Public or
Private
(See sub-classifications below)
Small (Less than 10,000 sf) P MNP MNP MNP/11 MNP MNP - - - P P P P/18 MJP - - - MNP Large (10,000 sf or More) MJP - MJP MJP MJP MJP - - - MNP MNP MNP MNP/ 18 - - - - MNP
Community Assembly (See sub-classifications below) Chapter 16.313, Community Assembly Small (Less than 5,000 sf) P P P P P P P P MNP P P P P - - - - MNP Large (5,000 sf or More) MNP MNP MNP MNP MNP MJP MJP - MJP MJP MJP MNP MNP - - - - - Community Garden ZC ZC ZC ZC ZC - - ZC - ZC ZC - - - - ZC - - Chapter 16.314, Community Gardens Conference/Convention Facility - - - - - MNP MNP - MJP MJP MJP - - - - - - MJP Cultural Facility - MJP MJP MJP P P P P MNP P P - - - - MNP MNP MJP Emergency Shelters - - - - - - - - - - - - - P P - - MJP Chapter 16.317, Emergency Shelters Government Office - - - - P P P P P P P P P P P P/26 - P Hospitals and Clinics (See sub-classifications below)
Extended Care - - MJP MJP MNP - - MNP - MNP MNP - - - - - - P Hospital - - - - MJP - - - - MJP MJP - MJP - - - - MJP Park and Recreation Facilities, Public P P P P P P P P P P P - - - - P MNP P Public Safety Facility P P P P P P P P P P P - - P P - - P School (K-12) (See sub-classifications below) Chapter 16.335, Schools Small (Less than 10,000 sf) MNP/2 MNP/2 MNP
P/2
MNP/2 P P - P - MNP MNP - - - - - - P
Large (10,000 sf or More) - - - - MJP MJP - P - MJP MJP - - - - - - - Social Services Center (See sub-classifications below) Chapter 16.337, Social Service Centers Small (Less than 5,000 sf) - - - - P P P P MNP P P - - - - - - P Large (5,000 sf or More) - - - - MNP/13 MNP MNP MNP MNP MNP MNP - - - - - MNP
RESIDENTIAL
Single-unit Residential (See sub-classifications below) Single-unit, Attached - P/1 P/1 P/1 P/1 P/1, 11 P/1 P/1 - P/1 P/1 - - - - - - - Chapters 16.202.05, Small Lot Development, 16.303, Accessory
Dwelling Units and 16.321, Home-
Based Business
Single-unit, Detached P/1 P/1 P/1 P/1 - - P/1 - - - - - - - - - - - Duplex - P/1 P/1 P/1 - - - P/1 - P/1 P/27 - - - - - - - Chapters 16.321, Home-Based Business and 16.202.05, Small Lot
Development
Multi-Unit Residential (Three or
More Units)
- - P/1 P/1 P/1 P/1 P/1 P/1 - P/1 MNP/1,27 MNP/1 MNP/1 - - - - - Small Lot Development - MNP MNP - - - - - - - - - - - - - - - Accessory Dwelling Unit P P P P P P P P - P P - - - - - - - Chapters 16.303, Accessory Dwelling Units and Chapter 16.321, Home-
Based Business
Guest House P P P - - - - - - - - - - - - - - - Group Residential (See sub-classifications below)
Small (6 or fewer) P P P P P P - P - P P - - - - - - - Chapter 16.319, Group Residential Large (More than 6) MNP MNP MNP MNP MNP MJP - MNP - MNP MNP - - - - - - - Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
Mobile Home Park - MJP MJP MJP - - - - - - - - - - - - - - Chapter 16.328, Mobile Home Parks Residential Care
Facility
(See sub-classifications below)
Limited P P P P MNP - - - - - - - P - - - - - Chapter 16.334, Residential Care, General Senior P P P P MNP MNP/11 MJP - - MNP MNP - MNP - - - - - Hospice, General MNP MNP MNP MNP - - - - - - - - P - - - - - Hospice, Limited P P P P - - - - - - - MNP P - - - - - Skilled Nursing Facility MJP MJP MJP MJP - - - - - - - - P - - - - - Shopkeeper Unit - - - - P P - P P P P - - - - - - - Single Room Occupancy - - MNP MNP MNP MJP/11 - P - MNP MNP - - - - - - - Chapter 16.336, Single-Room Occupancy Housing
Supportive Housing P P P P P P P P - P P - - - - - - - Transitional Housing P P P P P P P P - P P - - - - - - -
TRANSPORTATION, COMMUNICATION AND UTILITIES
Airport and Heliport - - - - - - - - - - - - - - - - - MJP Communication Facilities (See sub-classifications below) Communications Antenna MNP MNP MNP MNP MNP MNP MNP MNP MNP MNP MNP MNP MNP MNP MNP MNP MNP MNP- Chapter 16.341, Wireless Telecommunications Communications Tower - - - - - - - - - - - - - MNP MNP - - MJP Communications Equipment within
Buildings
MNP MNP MNP MNP P P P P P P P MNP MNP P P - - P/24 Freight/Truck Terminal and
Warehouse
- - - - - - - - - - - - - MNP P - - -
Light Fleet-based Service - - - - MNP - - - - MNP - - - MNP P - - - Marina - - - - - - P - P - - - - - - - - - Passenger Station - - - - MJP MJP MJP - P P P - - - - - - MJP Utilities, Minor P P P P P P P P P P P P P P P P P P Utilities, Major - - - - - - - - - - - MJP MJP MJP MJP MJP MJP P OTHER
Accessory Use Chapters 16.302, Accessory Uses,
16.303, Accessory Dwelling Units,
and 16.306, Animal Keeping and
Services
Chapters 16.302, Accessory Uses and 16.303, Accessory Dwelling Units Non-conforming Use Chapter 16.105, Non-Conforming Uses
Temporary Use Chapter 16.339, Temporary Uses
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
NOTE DESCRIPTION
1 2-10 units permitted subject to Director decision. 11-49 units permitted subject to Director decision with Design Review Board recommendation. 50 or more units requires Design Review Board recommendation and Planning Commission decision. If project complies with State Gov. Code Sec. 65589.4, project is exempt from Design Review Board and Planning Commission review.
2 Minor Use Permit is required for an expansion of an existing school. A Major Use Permit is required for a new K-12 school, either new construction or conversion of a non- educational school building or facility.
3 Only allowed when 2,500 sq. ft. or less and located along a major corridor. 4 Only allowed on the ground floor in mixed-use buildings; a Major Use Permit is required for more than 2,500 sq. ft.
5 Major Use Permit is required and hotel shall not exceed 20 guest rooms. 6 May not be located within 500 ft. of a school, park or 1,000 of other Adult Use. 7 May not be located within 500 ft. from other Massage Services or 1,000 ft. of a school or park; a Major Use Permit is required for 3 or more operators. 8 May not be located within 1,000 ft. from another Tobacco Shop, or 1,000 ft. of a residential district, school or park. A Major Use Permit is required to include a Cigar/Hookah Lounge, Bar, or Cafe.
9 Only allowed on the ground floor of a building; a Major Use Permit is required for more than 25,000 sq. ft.
10 Any retail or eating or drinking establishment that sells or serves alcohol after Midnight (12 a.m.) shall require a Major Use Permit.
11 Not permitted within the Georgia Street Corridor between Sonoma Boulevard and Mare Island Way.
12 Limited to Marina-related Equipment Sales.
13 A Minor Use Permit is required between 2,500 sq. ft. and 5,000 sq. ft. and a Major Use Permit is required for more than 5,000 sq. ft.
14 Permitted along Solano Avenue between Georgia and Mariposa Streets. 15 Not permitted except in the White Slough Specific Plan Area, Zone 1A. 16 Minor Use Permit not required for new auto sales on Auto Mall Parkway and west side of Sonoma Blvd. between Yolano Drive and Highway 37.
17 Allowed as an indoor accessory use, consistent with Chapter 16.302, Accessory U ses. 18 Limited to uses related to medical education.
19 Limited to small businesses (5,000 sq. ft. or less). 20 Only permitted above the ground level.
21 Minor Use Permit not required for Used Auto Sales on west side of Broadway between Tuolumne Street and Highway 37.
22 Only indoor cultivation allowed, including within greenhouses. 23 Limited to uses related to parks and recreation facilities, golf courses, or other public buildings.
24 Only as a secondary use in a Cultural Facility or Governmental Office. 25 Only in a mixed-use building to serve employees and visitors. 26 Indoor display or storage only. Outdoor display or storage is prohibit ed. 27 Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
Chapter 16.701 LAND USE TERMS AND DEFINITIONS
16.701.01 Purpose and applicability.
A. Purpose. This part establishes the precise meaning of words and phrases to facilitate consistent application of the Zoning Code's regulations and requirements. The land use terms and definitions are also intended to:
1. Eliminate vagueness and ambiguity that may create confusion especially when words and phrases may be subject to differing interpretations;
2. Make technical jargon understandable to all Zoning Code users;
3. Help to ensure implementation of the Zoning Code is consistent with applicable and related federal, state, and city statutes and case law by using the same terms and citing such laws as appropriate; and,
4. Ensure that the meaning of words and terms is consistent with their generally accepted meaning .
B. Applicability. The meaning and construction of words and phrases defined in this Part apply throughout the Zoning Code.
1. Land use terms and definitions are distinguished from standards, measurements and other requirements that regulate the defined word or phrase;
2. Land use terms and definitions in this part only apply to words and phrases that this Zoning Code uses;
3. All citations to state or federal law mean existing provisions and any subsequent amendments.
16.701.02 Land use terms and definitions.
"Abandonment." Ceasing continuous use of a non-conforming building, parcel, activity or permit without any authorization that may be granted under the provisions of the Zoning Code. "Abutting lot." A lot having a common property line or separated by a public path or lane, private street, or easement to the subject lot.
"Access." The place or way through which pedestrians and/or vehicles must have safe, adequate, and usable ingress and egress to a property or use as required by this Zoning Code. "Accessory dwelling unit (ADU)." An attached or detached residential dwelling unit as defined by Section 65852.2(j) of the California Code, as may be amended, which provides complete independe nt living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation and is situated on the same parcel as the single-unit dwelling with which it is associated. This term also includes an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, and manufactured home, as defined in Section 18007 of the California Health and Safety Code. This use is distinguished from a duplex, which is not subject to the requirements of state law for accessory dwelling units. "Accessory equipment, wireless telecommunications facility." Equipment associated with the installation of a wireless telecommunications facility, including but not limited to, cabling, generators, air conditioning units, electrical panels, equipment shelters, equipment cabinets, equipment structures, pedestals, meters, vault, splice boxes, and surface location markers.
"Accessory parking." An area of a lot, structure, or any other area, which is designed and reserved for off - street parking to serve a building or use that is the primary or main use of the lot. "Accessory use." An activity or a structure that is customarily associated with, and is incidental and subordinate to, the primary use and located on the same lot as the primary use.
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
"Act of nature." A natural occurrence such as an earthquake, flood, landslide, tidal wave, hurricane, fire, tornado or similar event, which causes substantial damage to buildings or property. "Addition." The creation of any new portion of a building that results in a vertical or horizontal extension of the building, or results in any new gross floor area that was not present in the bui lding prior to construction of the addition. The creation of a mezzanine or loft, or a conversion of a previously unused attic or underfloor space to usable floor area, shall be considered an addition for the purposes of this Zoning Code. "Adjacent." Having a boundary or lot property line(s) in common or bordering directly, or separated by a natural barrier, street, or other public right-of-way.
"Adjacent grade." The lowest elevation of ground surface within five feet of the building exterior wall. "Adjudicative decision." An action involving approval or denial of a specific project, application or set of facts based on evaluation of compliance with an adopted policy, rule, regulation or similar adopted set of rules or policies such as an ordinance or specific plan. Sometimes called "quasi-judicial" action. "Administrative review." The process for permit/project review with a formal decision by the planning and development services director or designated staff with approval authority. "Adult use definitions." The following are definitions related to the regulations of Chapter 16.304, Adult Use Regulations of this Zoning, Code.
1. Adult Business. Shall mean any one or more of the following:
a. Adult Arcade. An establishment where, for a fee or any other form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
b. Adult Bookstore. An establishment that has thirty percent or more of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and or specified anatomical areas.
c. Adult Cabaret. A nightclub, restaurant, or similar business establishment w hich: (1) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (2) which regularly features persons who appear semi-nude; and/or (3) shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. d. Adult Hotel/Motel. A hotel or motel or similar business establishment offering public accommodations for a fee or any other form of consideration which, (1) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or d escription of specified sexual activities or specified anatomical areas; and (2) rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a twenty - four-hour period.
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
e. Adult Motion Picture Theater. A business establishment where, for a fee or any other form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and thirty percent or more of the number o f which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. f. A theater, concert hall, auditorium, or similar establishment which, for a fee or any other form o f consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities. g. Adult Modeling Studio. A business which provides, for a fee or any other form of consideration, figure models who, for the purposes of sexual stimulation of patrons, display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying the consideration. "Modeling studio" does not include schools maintained in compliance with standards set by the State Board of Education. "Modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available "specified sexual activities."
h. Adult retail store. An establishment that, for any form of consideration, as a regular and substantial course of conduct offers for sale, rent, or viewing either adult entertainment material, adult entertainment merchandise or both.
2. Adult Use Operator ("Operator"). A person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an Adult-Oriented Business or the conduct or activities occurring on the premises thereof.
3. Bar. Any commercial establishment licensed by the State Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises.
4. Distinguished or Characterized by an Emphasis Upon. The dominant or essential theme of the object described by the phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of s pecified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal. App. 3 151 (1981).
5. Establishment of an adult use shall mean and include any of the following:
a. The opening or commencement of any adult-use as a new business; b. The conversion of an existing business, whether or not an adult use to any adult use; c. The addition of any of the adult use to any other existing adult use; or d. The relocation of any adult use.
6. Figure Model. Any person who poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed or otherwise depicted, in return for monetary compensation.
7. Nudity or a State of Nudity. The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
8. Operate an Adult-Oriented Business. The supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of an adult- oriented business or activities within an adult-oriented business.
9. Permittee. "Permittee" means the person to whom an adult-use.
10. Police Chief. The police chief of the city of Vallejo or the authorized representatives thereof.
11. Regularly Features. With respect to an adult theater or adult cabaret, "regularly features" means a regular and substantial course of conduct. The fact that live performances that are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a thirty-day period; three or more occasions within a sixty-day period; or four or more occasions within a one hundred eigh ty-day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.
12. School. As used in Section 16.304, Adult Use Regulations, any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.
13. Semi-Nude. A state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.
14. Specified Anatomical Areas. Shall mean and include any of the following:
a. Less than completely and opaquely covered human (a) genitals or pubic region; (b) buttocks; and (c) female breast below a point immediately above the top of the areola; b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered; or c. Any device, costume or covering that simulates any of the body parts included in 1. or 2. above.
15. Specified Sexual Activities. Shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering:
a. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast; b. Sex acts, actual or simulated, including intercourse, oral copulations or sodomy; c. Masturbation, actual or simulated; or
d. Excretory functions as part of or in connection with any of the other activities described in 1. through
3. above.
"Adult day care." Establishments providing non-medical care for persons eighteen years of age or older on a less-than-twenty-four-hour basis licensed by the State of California. "Agricultural processing." Establishments performing a variety of operations on crops after harvest, to prepare them for market onsite or further processing and packaging at a distance from the agricultural area, including but not limited to: alfalfa cubing; hay baling and cubing; corn shelling; drying of corn, rice, hay, fruits an d vegetables; pre-cooling and packaging of fresh or farm-dried fruits and vegetables; grain cleaning and custom grinding; custom grist mills; custom milling of flour, feed and grain; sorting, grading and packing of fruits and vegetables; tree nut hulling and shelling; wineries; alcohol fuel production; and receiving and processing of green material, other than that produced on site. This does not include commercial composting or the stockpiling or processing of manure for commercial purposes.
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
"Agricultural production." The production of any grass or crop attached to the surface of the land, whether or not the grass or crop is to be sold commercially, and the production of any farm animals, whether or not the animals are to be sold commercially.
"Agricultural-support services." Agriculturally related services, such as storage of agricultural products; sales, maintenance, and repair of farm machinery and equipment; farm animal veterinary clinics; custom farming services; agriculturally related building, feed, and farm-supply stores; agricultural waste handling and disposal services; and other similar related services.
"Agriculture." The production, keeping, or maintenance of plants and/or animals useful to people for purposes including, but not limited to, food and fiber crops, livestock forage and grazing, orchards, and cultivation of nursery and ornamental plants.
"Airport" and "heliport." Facilities for the takeoff and landing of airplanes and helicopters, including runways, helipads, aircraft storage buildings, public terminal buildings and parking, air freight terminals, baggage handling facilities, aircraft hangar and public transportation and related facilities, including bus operations, servicing and storage. This also includes support activities such as fueling and maintenance, storage, airport operations and air traffic control, incidental retail sales, coffee shops and snack shops, and airport administrative facilities, including airport offices, terminals, operations buildings, communications equipment, buildings and structures, control towers, lights, and other equipment and structures required by the United States Government and/or the State for the safety of aircraft operations.
"Alcoholic beverage." Any beverage, including, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine or beer, that contains one-half of one percent or more of alcohol by volume and is fit for human consumption, either alone or when diluted, mixed, or combined with other substances, and sales of wh ich require a California Department of Alcoholic Beverage Control license. "Alcoholism" or "drug abuse recovery or treatment facility." As defined at Health and Safety Code Section 11834.02, as may be amended, licensed by the State.
"Alley." A public or private thoroughfare other than a street that is permanently reserved for access to the rear or side of a property abutting a street.
"Allowed use." A use of land as a permitted or conditionally permitted that may be established with zoning compliance review (for an "as-of-right" or permitted use) or a land use permit for a conditionally permitted use and use permitted with any other applicable planning application and/or building permit approval, subject to compliance with all applicable provisions of the Zoning Code. "Alteration, major." Construction or demolition of structures, any change in the supporting members of a building or structure, changes in maximum height, total floor area, number of bedrooms, facade materials, or dwelling units, creation or removal of parking, or projects that require grading subject to a grading permit, changes to the exterior of an historic structure and work that requires a building permit. "Alteration, minor." Modifications to a building or structure affecting the inter ior or exterior of a structure that comply in all respects with the Zoning Code, are cosmetic in nature, do not result in a change in height, floor area, or lot coverage or affect an historic property or structure, and do not require work in the public rig ht-of-way.
Typical projects include minor in-kind repairs, reroofing, improvements to plumbing, electrical and mechanical systems, installation of cabinets, exterior cladding, siding, new or relocated windows or doors, and work on interior partitions other than bearing walls, and work for which no building permit is required. "Alteration." Any change, addition or modification that changes the interior construction or exterior architectural appearance or materials of a structure. This includes but is not li mited to changes in exterior surfaces, changes in materials, additions, remodels, demolitions, landscaping, and relocation of buildings or structures, but excludes ordinary maintenance and repairs.
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
"Alternative fuels" and "recharging facilities." A commercial facility offering motor vehicle fuels not customarily offered by commercial refueling stations (e.g., biofuels, Liquified Petroleum Gas - LPG) as well as equipment to recharge electric-powered vehicles.
"Amusement machine." Any device, machine, apparatus, or other instrument operated electrically, mechanically or manually, for amusement purposes only (other than those now or hereafter prohibited by the ordinances of the city or laws of the state, and other than mechanical and electrical musical device s), for the use of which a coin, token, or thing of value must be deposited. "Animal boarding." The provision of shelter and care for small animals on a commercial basis including keeping, feeding, exercising, grooming, and incidental medical care. This includes animal shelters and kennels. "Animal care, sales" and "services." Retail sales and services related to the boarding, grooming, and care of household pets.
"Animal hospital, livestock." A place where livestock (horses, cows, etc.) and small animal s are given medical or surgical treatment. Boarding of animals is incidental to such hospital use. "Animal husbandry" and "agricultural education project." A temporary animal husbandry or agricultural education activity or project conducted primarily for education purposes. "Animal husbandry." Breeding and raising of domesticated animals, poultry, and beekeeping for personal use or sale, or in order to use or sell products such as meat, honey, milk, eggs, and fibers. "Animal keeping." The keeping of animals, such as household pets or farm animals, for personal use and enjoyment customarily within a dwelling or a yard.
"Animal raising." The raising, grazing, or feeding of animals for animal products, animal increase, or value increase, and dairying as an accessory use on farms with dairy cattle. "Animal shelter." Any place where stray, lost, abandoned or surrendered animals, mostly dogs and cats, and sometimes sick or wounded wildlife are kept and rehabilitated. "Animals, domestic (household pets)." Small pets such as cats, dogs, and birds. This definition excludes exotic animals and large animals, such as horses, goats, cattle, swine and similar size animals, and farm animals, such as chickens, pigs, and ducks.
"Antenna." The part of a wireless telecommunication facility designed to radiate or receive radio frequency signals or electromagnetic waves for the provision of services, including but not limited to, cellular, personal communication services, and microwave communications. Such devices include but are not limited to, directional antennas such as panel antennas, microwave dishes, and satellite dishes; omnidirectional antennas and wireless access points (Wi-Fi); and strand-mounted wireless access points. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes designed for residential or household purposes.
"Applicant." Any entity or person who applies for a ministerial or discretionary permit, certif icate, zoning approval or other entitlement.
"Arcade booth." Any enclosed or partially enclosed portion of an establishment in which an adult arcade is located, where a live performance is presented, on a regular or substantial basis, or where the "materi al" presented is distinguished or characterized by its emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
"Architectural feature." An exterior building feature, including but not limited to a roof, walls, windows, doors, porches, posts, pillars, cornices, awnings, recesses or projections, and exterior articulation or walls, and other building surfaces.
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"Area." Any geographical area, for example a portion of a block, a block, or a larger d istrict. "Artisan/small-scale manufacturing." The artisan/small-scale manufacturing use type refers to establishments primarily engaged in on-site production of goods by hand manufacturing which involves only the use of hand tools or domestic mechanical equipment not exceeding two horsepower or a single kiln not exceeding eight kilowatts and the incidental direct sale to consumers of only those goods produced on -site. Typical uses include ceramic studios, candle-making shops or custom jewelry manufacturers. "Artist's studio." Work space for an artist or artisan, including individuals practicing one of the fine arts or performing arts, or an applied art or craft. This use may include incidental display and retail sales of items produced on the premises and instructional space for small groups of students. It does not include joint living and working units (See "Live-Work").
"Artist's studio-heavy." Art production on a medium or large scale generally using heavy equipment. Typical uses include large-scale metal and woodworking studios. "Artist's studio-light." Small-scale art production that is generally of a low impact. Typical uses include painting, photography, jewelry, glass, textile, and pottery studios. "Assisted living." A commercial development that includes studio or one/two room bedroom suites with a private bath and kitchenette, where residents require assistance with at least one activ ity of daily living (i.e. bathing, dressing, grooming, transferring, medication reminders, etc.), and where residents may receive meals, and limited supportive and nursing services. Facilities may also include a dining room and other informal "gathering spaces", along with the necessary administrative offices and other staff space.; and are licensed by the State and must meet State requirements or qualifications for an assisted living facility. See also "Residential Care Facility".
"Attic." The area less than the minimum height that the California Building Code requires, which is located above the ceiling of the top story and below the roof and is not usable as habitable or commercial space and is not considered a story.
"Auctioning." Auctioning of livestock on a wholesale or retail basis with the incidental storage of animals produced off property for periods not exceeding forty hours. Typical uses include animal auctions or livestock auction yards.
"Auto auction." A facility that sells new or used automobiles and other vehicles through a bidding process.
The facility typically includes a storage lot.
"Auto broker, office only." An establishment engaged in arranging, negotiating and assisting in the sale of new or used automobiles or other vehicles within an enclosed building with no vehicle display or storage. "Auto broker, office w/display." An establishment engaged in arranging, negotiating and assisting in the sale of new or used automobiles or other vehicles within an enclosed building with an indoor vehicle display area. "Auto/vehicle" and "equipment facilities." Commercial spaces that provide for the sales and/or servicing of automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or boats. "Auto/vehicle (new) sales" and "leasing." The sale, or leasing of automobiles, trucks, tractors, construction or agricultural equipment, recreational vehicles, and similar equipment, including storage and incidental maintenance and repair. This use may also include used car sales.
"Auto/vehicle leasing" and "rental (major)." Rental of automobiles or equipment with vehicle storage (more than five parking spaces) and maintenance on the same site including maintenance requiring pneumatic lifts. "Auto/vehicle leasing" and "rental (minor)." Rental of automobiles or equipment with limited vehicle storage (five parking spaces or less) and maintenance on the same site but excluding maintenance requiring pneumatic lifts.
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"Auto/vehicle sales." Retail or wholesale businesses that sell, lease or rent automob iles, boats, recreational vehicles, trucks, vans, trailers, and motorcycles.
"Auto/vehicle services." The repair and maintenance of auto/vehicles and the sales, and installation of related equipment.
"Auto/vehicle used sales." Sales of used or pre-owned vehicles with incidental maintenance, repair work, outdoor display or outdoor storage.
"Auto/vehicle washing/detailing." Washing, detailing, waxing or cleaning of automobiles or similar light duty motor vehicles including self-service washing facilities. "Automobile washing facility, small scale." Washing and detailing businesses that do not occupy more than one thousand square feet and are located within a structure, service station, or other auto -related establishment. "Auto/vehicle/equipment repair." The repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. These include auto repair shops, body and fender shops, wheel and brake shops, oil change shops, auto glass sales and installation, stereo and alarm sales and installation, and tire sales and installation, but not vehicle dismantling or salvage and tire retreading or recapping.
"Auto/vehicle/equipment repair, heavy." Body, auto glass, tire replacement and painting services related to the repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or boats, but not vehicle dismantling or salvage and tire retreading or recapping. "Auto/vehicle/equipment repair, light." Minor servicing and repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or boats, including oil change shops and stereo and alarm sales and installation.
"Automobile storage lot." A property used for short- or long-term parking of operable vehicles for sale or lease at an automobile dealership or rental agency on a separate lot. "Average grade." A horizontal line approximating the ground elevation through each building on a site used for calculating the exterior volume of a building and average slope of a site. "Awning." An architectural projection that provides weather protection, identity, or decoration, and is wholly supported by the building to which it is attached. An awning is typically constructed of non-rigid materials on a supporting framework that projects from and is supported by the exterior wall of a building. "Balcony." A platform that projects horizontally from the wall of a building thirty inches or more above grade, is accessible from the building's interior, and is not accessible from the ground. "Banks" and "credit union." A bank, savings and loan, credit union, or other financial institution that provides retail-banking services to individuals and businesses but excluding check cashing businesses. These include only those institutions engaged in the on-site circulation of cash money. For administration, headquarters, or other offices of banks and credit unions without retail banking services/on -site circulation of money, see Finance, Insurance and Real Estate Services.
"Banks" and "financial institutions." A bank, savings and loan, credit union, or other financial institution that provides retail-banking services to individuals and businesses but excluding check cashing businesses. These include only those institutions engaged in the on-site circulation of cash money. "Banquet facility." A building, facility, room, or portion thereof, which is rented, leased or otherwise made available to any person or group for a private event or function, whether or not a fee is charged and is the primary use at the site.
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"Bar/tavern/lounge." Establishments that operate under a Type 48 Department of Alcoholic Beverage Control license (On-sale General—Public Premises) and sell beer, wine and distilled spirits for consumption on the premises or Type 42 license (On-sale Beer and Wine-Public Premises) but do not necessarily sell food. Tavern also includes bars and pubs that operate under a Type 40 license (On-sale Beer) and which sell sandwiches or snacks but not wine or distilled spirits. This use does not include night clubs as defined by these regulations or restaurants that operate under a Type 48 License.
"Base station." As defined by the Federal Communication Commission (FCC) in 47 Code of Federal Regulations (CFR) Section 1.40001(b)(1), as may be amended, which defines that term as a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in 47 CFR Section 1.40001(b)(9) or any equipment associated with a tower. The term includes, but is not limited to: equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services, fixed wireless services such as microwave backhaul, radio transceivers, antennas, coaxial or fiber - optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks). "Basement." The lowest usable space of a building, for non-habitable use such as, but not limited to, garage or storage use, which is partly below and partly above grade, but so located that it is not considered a story. "Bathroom." A room containing toilet, sink, and bathing facilities that meets Building Code standards. "Bay window." A portion of a building cantilevered to project out from a wall and containing angular or curved windows.
"Bed" and "breakfast." An establishment offering lodging on less than a weekly basis in a residential structure in which the property owner or manager lives on site with incidental eating and drinking servi ce for lodgers only provided from a single kitchen on the premises. Bed and breakfast does not include vacation rentals or other short-term rental accommodations available for rent or hire where the owner or manager occupies the premises while paying guests are present.
"Bedroom." Any room meeting Building Code standards as a sleeping room. “Blank wall.” An undifferentiated exterior building wall with no openings, generally constructed of a single material and uniform texture on a single plane.
"Block." An area designated on an official map of the city, which is bounded on all sides by the public right - of-way, a railroad right-of-way, private streets or a boundary line of un-subdivided acreage or any combination of such thoroughfares.
"Bonus units." Dwelling units allowed pursuant to Section 16.214.05, Calculation of Density Bonus that exceed the otherwise allowable maximum residential density for a residential development. "Brewery." An establishment licensed by the state to manufacture beer, a le, mead, hard cider and similar brewed beverages with or without food service subject to the requirements of the Zoning Code. See Brewery Production, for additional detail.
"Brewery large." An establishment that annually produces fifteen thousand barrels or more of ales, beers, meads, hard ciders and/or similar beverages onsite subject to a Type 1 license. Production breweries may also serve beverages onsite, with or without the service of food, and sell beverages for offsite consumption pursuant to the regulations of this code, the California Department of Alcohol Beverage Control, and the federal Bureau of Alcohol, Tobacco, and Firearms.
"Brewery micro." An establishment licensed by the California Department of Alcohol Beverage Control to less than fifteen thousand barrels of ales, beers, meads, hard ciders and/or similar beverages onsite with or without food subject to a Type 23 license. Micro-breweries may also serve beverages onsite and sell beverages for offsite Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
consumption pursuant to the regulations of the California Department of Alcohol Beverage Control and the Federal Bureau of Alcohol, Tobacco, and Firearms. This also includes a do -it-yourself brewery where customers produce craft style beer or wine on the premises of a brewery or microbrewery. Customers also may purchase the ingredients, rent the equipment, time and space, and be assisted/trained by an on -site brew master. "Brewery, production." A facility licensed by the state to manufacture beer, ale, mead, hard cider and similar brewed beverages.
"Brewpub." A full-service or limited-service restaurant with a micro-brewery as an accessory use. It may sell other supplier's beer, including other hand-crafted or micro-brewed beers as well as wine to patrons for consumption on its premises.
"Buffer." An open area or barrier used to separate potentially incompatible activities, land uses, and/or development features.
“Build-to line.” The maximum distance that is required between a building or building feature and a property line.
"Building code." Any ordinance adopted by the city that governs the type and method of construction of buildings, signs, and sign structures as it may be amended including, but not limited to, the California Building Code, the State Historic Building Code, and other State-adopted uniform codes. "Building face" or "facade." That portion of any exterior elevation of a building extending vertically from grade to tap of a parapet, wall or eaves, and horizontally across the entire front width of the building elevation. "Building frontage." That portion of the exterior building wall constituting primary access to a single place of business or residence that is both adjacent to and parallel to either a public street, or walkway or parking lot. "Building materials, sales" and "service." Retailing, wholesaling or rental of building supplies or equipment.
These uses include lumberyards, tool and equipment sales or rental establishments, and building contractors' yards, but excludes the exclusive retail sales of paint and hardware, plant nurseries, and activities classified under auto/vehicle sales and services - sales and leasing. Accessory sales of paint and hardware are permitted. "Building, accessory." A detached building located on the same parcel as the principal building, whi ch is incidental and subordinate to the principal building in terms of both size and use. A building will be considered part of the principal building if connected structurally, by a common roofline, or a fully enclosed space. "Building, principal." A building in which the principal use of the parcel is conducted except for an accessory dwelling unit as defined in the Zoning Code.
"Building." Any enclosed structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods, business, land use, or materials. "Bungalow court." A type of residential development consisting of a series of small detached structures arranged around a shared court that is typically perpendicular to the adjacent street. "Business" and "professional offices." Offices of firms or organizations providing professional, executive, management, administrative, financial, accounting, or legal services, but excluding those that primarily provide direct services to patrons that visit the office.
"Business services." Establishments primarily engaged in the provision of services of a clerical, employment, protective, or minor processing nature to firms rather than individuals and where the storage of good s other than samples is prohibited. Typical uses include secretarial services, quick printing services, and blueprint services. "By right." Uses or construction that are deemed permitted if they meet the objective dimensional standards and requirements of the Zoning Code. Uses allowed by right do not require discretionary review or approval.
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"California Environmental Quality Act (CEQA)-related terms." Public Resources Code Sections 21000 et seq. is a law enacted by the State of California in 1970 requiring review of public agency decisions to inform government officials and the public about the potential significant effect of proposed activities on the physical environment for the purpose of identifying ways to avoid or significantly reduce environmental d amage. "Campground." Land upon which temporary shelters (such as tents, travel trailers and recreational vehicles) are erected or located for occupation by transients and/or vacationers. This includes such permanent structures and facilities as are normally associated with the operation of a campground. This definition does not include mobile home parks where mobile homes or manufactured housing units are occupied as permanent living accommodations.
"Camping." the occupancy of any place by the property owner or with the permission of the property owner for temporary living, sleeping, or other human occupancy purposes. this definition does not include parking or storage of an unoccupied and otherwise unused trailer coach, recreational vehicle, or tent trailer on a privately - owned parcel or the occupancy of a trailer or recreational vehicle for any accessory use that this Zoning Code allows.
"Cannabis." Cannabis has the same meaning as cannabis concentrate, cannabis products, and edible cannabis product as defined in California Business & Professions Code Section 26001. words or phrases related to cannabis uses, used in this chapter, shall be given the definitions specified in Chapter 7.100, Marijuana, o f the Vallejo Municipal Code.
"Cannabis cultivation." commercial activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.
"Cannabis distribution." The procurement, sale, and transport of marijuana and marij uana products between holders of state licenses and local permits but excludes retail sales to medical marijuana customers. "Cannabis manufacturing." A facility involved in the non-volatile production, preparation, propagation, or compounding of marijuana or marijuana products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, at a fixed location that packages or repackages medical marijuana or medical marijuana products or labels or re-labels its container.
"Cannabis medical." Cannabis or a cannabis or marijuana product intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Ca lifornia Health & Safety Code, by a medical cannabis patient who possesses a state of California licensed and board -certified physician's recommendation or identification card issued pursuant to state law. Words or phrases related to medical cannabis uses, wherever used in this chapter, shall be given the definitions specified in Chapter 7.100, Marijuana, of the Vallejo Municipal Code.
"Cannabis testing laboratory." A testing laboratory, facility, or entity, which offers or performs tests of cannabis, cannabis concentrate or cannabis products to determine chemical profile, the presence of contaminants, or other similar information.
"Cannabis uses." Establishments involved in the planting, growing, harvesting, drying, curing, grading, trimming, or distribution of marijuana as defined in this code and Chapter 7.100, Marijuana of the Vallejo Municipal Code.
"Cannabis, retail." Any storefront that dispenses, sells, or makes available cannabis to another person or entity.
"Canopy, structure." A roofed shelter projecting over a sidewalk, driveway, entry, window, or similar area that may be wholly supported by a building or may be wholly o r partially supported by columns, poles, or braces extending from the ground.
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"Canopy, vegetative." Tree or plant canopy refers to the extent of the outer layer of leaves of an individual tree, plant, or group of trees or plants.
"Care facility, large, licensed." Any one of the following residential or nonresidential care facilities, which serves seven or more residents (or clients): A health facility, as defined by Health and Safety Code Section 1250, as it may be amended, including general acute care hospital; acute psychiatric hospital; skilled nursing facility; intermediate care facility; intermediate care facility/developmentally disabled - rehabilitative; special hospital; intermediate care facility/developmentally disabled; intermediate care facility/developmentally disabled - nursing; congregate living health facility; correctional treatment center (including in -patient health services and not including facilities providing offender rehabilitation services); nursing facility; and intermediate care facility/developmentally disabled - continuous nursing. "Care facility, large, unlicensed." A residential facility, not licensed by the state, for seven or more individuals with a disability who are not living together as a household (as defined) and in wh ich every person residing in the facility is an individual with a disability (except the licensee, members of the licensee's family, or persons employed as facility staff).
"Care facility, small, licensed." A community care facility as defined by Health a nd Safety Code Section 1502, as may be amended, which serves six or fewer residents (not including the licensee or members of the licensee's family or staff) and is licensed by the California State Department of Social Services to provide non -medical care and supervision.
"Care facility, small, unlicensed." A residential facility, not licensed by the state, for six or fewer total residents managed under a single operator and in which every person residing in the facility is an individual with a disability (except the licensee, members of the licensee's family, or persons employed as facility staff). "Caretaker unit." Living accommodations for employees and their immediate families employed for the exclusive purpose of on-site management, maintenance, or upkeep. Also known as a building manager's unit. "Carpool." A motor vehicle occupied by two to six persons traveling together to and from a worksite for at least fifty-one percent of the total commute distance.
"Carport." A permanently roofed structure enclosed on not more than two sides, designed, constructed, and maintained for the parking or temporary storage of one or more motor vehicles. "Catering services." Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption.
"CBD." Not considered cannabis and regulated by the Zoning Code. "Cellar." See "Basement".
"Cemetery." A place, either public or private, religious or secular, for the interment of human or animal remains, including mausoleums, burial places, columbarium, memorial gardens, statuary and incidental structures for storage, maintenance, administrative functions, and memorial services. "Centerline of street." The geographic center of a public or private road right -of-way. "CEQA guidelines." California Code of Regulations, Title 14, Chapter 3, Section 15000 et seq., is a set of regulations issued by the State Resources Agency that prescribes how State and local agencies shall comply with CEQA requirements.
"Change of use." The replacement of an existing use on a site, or any portion of a site, by a new use, or a change in the character or type of use. A residential change of use includes, but is not limited to, the elimination of any dwelling unit, a reduction in the floor area or habitability of a dwelling unit, or a reduction in the floor area or habitability of bedroom or sleeping quarters in a group living accommodation or residential hotel, when a new use will replace a previous use. A commercial change of use includes a change to a different category of commercial or Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
manufacturing use but does not include changes between uses that are classified in the same category of commercial or manufacturing use. It does not include a change of ownership, tenancy, or management asso ciated with a use when the previous type of use will remain substantially unchanged or the establishment of a home - based business that complies with the requirements of this Zoning Code. "Check cashing business." Establishments that, for compensation, eng age in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification also includes the business of deferred deposits, whereby the check casher refrains from depositing a personal che ck written by a customer until a specific date pursuant to a written agreement as provided in California Civil Code Section 1789.33. This does not include state or federally chartered banks, savings associations, credit unions, or industrial loan companies; nor retail sellers engaged primarily in the business of selling consumer goods, such as consumables to retail buyers, that cash checks or issue money orders incidental to their main purpose or business. "Chemical, mineral," and "explosives storage." Storage and handling of hazardous materials including but not limited to: bottled gas, chemicals, minerals and ores, petroleum or petroleum-based fuels, fireworks, and explosives.
"Childcare" and "early education facility." Establishments providing non -medical care for persons less than eighteen years of age on a less-than-twenty-four-hour basis other than family day care (small and large). This classification includes commercial and nonprofit nursery schools, preschools, day care facilities for children, and any other day care facility licensed by the state of California. "Childcare center." A facility licensed by the state where persons other than their parents care for infants, preschool children, and school children outside of school hours. As used in the Zoning Code, this definition does not include family day care facilities operated in the care provider's place of residence. "Christmas tree recycling." The temporary recycling activity conducted for nonprofit purposes. "Christmas tree sales." A temporary facility used for the sale of Christmas trees and other related permitted items.
"Clinic." A facility providing medical, mental health, or surgical services exclusively on an out -patient basis, including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services may be available without a prior appointment. This classification includes licensed facilities offering substance abuse treatment, blood banks, plasma, dialysis centers, and emergency medical services offered exclusively on an out-patient basis.
"Collection facility." A facility for the redemption or drop-off of recyclable materials. Such a facility does not process materials except limited bailing, batching and sorting of materials other than glass. "Colleges" and "trade schools, public or private." Institutions of higher education, including public or private colleges and universities granting associate arts degrees, certificates, undergraduate and graduate degrees, junior colleges, business and computer schools, management training, technical and trade schools, but excluding personal instructional services such as music lessons. These facilities typically offer classrooms, laboratories, and staff offices within a shared office building, often containing typical business and professional office suites and conference centers and academic retreats associated with such institutions. This use may include student housing (e.g., dormitories, fraternities, multi-family housing, or sororities) administrative centers, student unions, libraries, and cafeteria facilities.
"Collocation." As defined by the Federal Communications Commission (FCC) in 47 CFR Section 1.40001(b)(2), as may be amended, which defines that term as the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. As an illustration and not a limitation, the FCC's definition effectively means " to add" and does not necessarily refer to more than one wireless facility installed at a single site.
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"Columbarium." A building that contains vaults with recesses for storage of cinerary or cremation remains. "Commercial entertainment" and "recreation." Provision of participant or spectator entertainment for commercial purposes. This use includes theaters, concert halls, cinemas, nightclubs, and comedy clubs, and restaurants, snack bars, and other incidental food and beverage service for patrons. "Commercial kitchen." Kitchens used for the preparation of food to be delivered and consumed off -site.
Typical uses include catering and commissary facilities. This classification does not include businesses involved in the processing or manufacturing of wholesale food products (See "Industry, Limited"). "Commercial districts." Any property within the city which is designated as " - Neighborhood Corridor", "Business/Limited Residential", "Business/Limited Industrial", "District", "Central Corridor", and "Retail/Entertainment" on the general plan land use map. "Commercial lodging." An establishment primarily engaged in the provision of overnight accommodations for patrons who maintain a permanent place of residence elsewhere. Incidental food, drink and other sales and services intended for the convenience of guests may be provided. "Commercial vehicle/fleet storage." A property where vehicles owned or operated by a person, company or business which is used for purposes of delivery, pick up or service to patrons is the primary use. A fleet vehicle may also be a commercial vehicle.
"Commercial vehicle commissary." An establishment where mobile food vending trucks and other food service providers may prepare and store food, and mobile vendors park vehicles and store equipment overnight. "Commercial vehicles" and "equipment facilities." An establishment that sells, rents or services or repairs construction, farm or other heavy equipment, as well as vehicles for moving or towing property, such as cranes, earthmoving equipment, forklifts, tractors, cargo trucks, heavy trucks, trailers and vans. It does not include autos, trucks and other passenger vehicles used for personal or business travel. "Common interest development." A common interest development ("CID") is a rea l property development where property owners share a common set of financial obligations, property and easement rights established in a set of recorded restrictions (commonly referred to as Covenants, Conditions and Restrictions "CC&Rs"). These require property owners in CIDs to "give up a certain degree of freedom of choice which [they] might otherwise enjoy in separate, privately owned property." (Nahrstedt v. Lakeside Village Condo. Owners Assn. (1994) 8 Cal. 4th 361, 374.)
"Communications facilities." Broadcasting, recording, and other communication services through electronic or telephonic mechanisms, but excluding major utilities and wireless telecommunications antenna facilities. "Community assembly." A facility for public or private meetings, including community centers, banquet facility, religious assembly facilities, civic and private auditoriums, union halls, meeting halls for clubs, and other membership organizations. This includes functionally related facilities for the use of members and attendees such as kitchens, multi-purpose rooms, classrooms and storage. It does not include gymnasiums or other sports facilities that represent more than twenty percent of overall square footage, convention centers, or facilities, such as day care centers and schools that are separately classified and regulated. "Community care facility." As defined by Health and Safety Code Section 1502, as it may be amended, including: residential facility; adult day program; therapeutic day services facility; foster family agency; foster family home; small family care home; social rehabilitation facility; community treatment facility; full -service adoption agency; noncustodial adoption agency.
"Community garden." Land used for the cultivation of edible and non-edible plants grown for and maintained by a group of individuals in the community. They may produce food for individual consumption or food for sale, may be designed for beautification of the community, and/or may be used for educational p urposes. They may be accessory to public or institutional uses, but do not include gardens that are on a property in residential use, when Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
access is limited to those who reside on the property. It does not include medical marijuana dispensaries or the cultivation of cannabis for personal use, whether medicinal or recreational. "Community park." Facilities that are usually eight or more acres in size and are designed primarily for recreational activities of all age groups. They may be combined with or be lo cated adjacent to junior high or high school sites. They may include open, multi-use turfed areas, sports fields, play apparatus areas, park-like landscaped areas, tennis courts, swim centers, recreation buildings, lighted ballfields, picnic areas, parking , and sanitation facilities meant to serve a larger community than just nearby neighborhoods. "Commute trip." A home-to-work or work-to-home trip.
"Concessions" and "incentives." Regulatory concessions as defined by California Code Section 65915(k). "Condition of approval." A requirement imposed on a land use permit or entitlement by a Review Authority, which makes the validity of the permit or entitlement contingent on compliance with such requirement. "Conditional use." A use generally compatible with other uses permitted in a zoning district, but that requires individual review of its location, design, configuration, intensity and density of use and structures, and may require the imposition of conditions of approval to ensure the appropriateness o f the use at that particular location. "Conference/convention facility." One or more structures accommodating multiple assembly, meeting, and/or exhibit rooms, and related support facilities. It may be associated with or include lodging accommodations, restaurants, and other facilities that are separately classified and regulated. "Confronting lot." A lot whose front property line is intersected by a line perpendicular to and intersecting the front property line of the subject lot.
"Construction office." A temporary construction office used during the construction of a building or road, including grading related thereto.
"Construction." Construction, erection, enlargement, alteration, conversion, or movement of any building, structures, building elements, or land, together with any scientific surveys, such as geologic, hydrological, or biological surveys, conducted in connection with construction. "Container development." A structure developed from a steel shipping container previously used for carrying goods on trains, trucks, and ships that complies with Zoning and Building Codes. "Contractor's yard." Storage yard for a contractor's large equipment, vehicles, construction materials, or other items commonly used in the contractor's business; repair and maintenance of a contractor's own equipment; and buildings or structures for uses such as offices and repair facilities. This classification excludes vehicle storage and impound yards.
"Convenience store." A retail store of three thousand five hundred squ are feet or less in gross floor area, which carries a range of merchandise oriented to daily convenience and travelers' shopping needs, including a limited line of groceries, prepackaged food items, tobacco, magazines, and other household goods, primarily for off-premises consumption. This includes small retail stores on the same lot as or operated in conjunction with a fuel Service Station but does not include small general markets, delicatessens or specialty food shops. "Corner lot." A lot or parcel bounded on two or more sides by street lines. "Corral." An enclosure designed for use as an open holding area for horses or other animals, for the purpose of confinement for an indeterminate period of time.
"Correctional facility." A facility owned and/operated by an individual, a for-profit, or a non-profit entity used for housing or provision of services for persons who are either (1) serving a sentence from a federal, State or county court and are under restraint, supervision, or security or (2) have serve d a sentence or have been released from a federal, State, or county prison or jail and are living under government supervision by a government -funded Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
program. This includes prisons, jails, reformatories detention centers, correction centers, re -entry centers, halfway houses, and pre-release centers.
"Corridor." An area generally located along a major or secondary road including lots and or blocks adjacent to the thoroughfare as defined by applicable adopted policies and regulations. "Cottage food operation." A business operated by a person, in compliance with state and Solano County regulations, for the production and/or preparation of certain non -potentially hazardous food or drink products in a kitchen within the person's primary dwelling. (See Microenterprise Home Kitchen Operation) "Courtyard." An open, unoccupied and unobstructed space, other than a required yard, on the same lot with a building or group of buildings that may be mostly enclosed by fences, walls, or other screening but not including any off-street parking or loading area, street, or road right-of-way "CPUC." The California Public Utilities Commission established in the California Constitution, Article XII, Section 5, or its duly appointed successor agency.
"Crematory." A place with a building or structure containing a furnace used for the reduction of human remains by way of incineration.
"Cultivation." The planting, raising, and harvesting of tree, vine, field, forage, and other plant crops grown to provide food or fibers. This excludes the cultivation of cannabis and wholesale or retail nurseries. "Cultural facility." A facility engaged in activities to serve and promote cultural educational interest in the community that are open to the public on a regular basis. This use classification includes libraries, museums, art galleries, performing arts centers for theater, music, dance, and events; spaces for display or preservation of objects of interest in the arts or sciences; historical and archaeological sites; aquariums; and zoos and botanical gardens. It does not include schools or institutions of higher education providing curricula of a general nature. "Days." Calendar days unless this Zoning Code or state law specifies otherwise. "Deck." A platform, either freestanding or attached to a building that is supported by pillars or posts. See also "Balcony".
"Deemed approved use." A business or entity that uses a building, structure, or site, or portion of such, for the sale of alcoholic beverages, tobacco or tobacco related products, that was lawfully established and maintained (not terminated for a period of twelve continuous months), but no longer conforms to the relevant provisions of the Zoning Code. A "deemed approved use" is not a "non-conforming use." "Density bonus below market rate (BMR) unit." A dwelling unit that is not a below market rate unit that is required by Chapter 16.214.05; is offered at an affordable rent or affordable ownership cost to moderate -, low- or very low-income households.
"Density bonus housing agreement." An agreement between the city and a developer setting forth the terms and conditions of the award of a density bonus, and which the city council finds is required to make an affordable housing project economically feasible (California Code Section 65915(h)). "Density bonus." An increase in density over the otherwise maximum allowable residential density under the applicable zoning district and land-use element of the general plan as of the date of application by the develop er to the city (California Code 65915(f)) as it may be amended). "Density, residential." The computation expressing number of dwelling units per acre. "Designated ridgeline area." A visible or prominent area along the highest points of a ridge that the c ity has designated on a map and which is subject to restrictions as to its density of development. "Development standard." A site or construction condition that applies to a residential development pursuant to any ordinance, general plan element, specific plan, or other local condition, law, policy, resolution, or Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
regulation. A "site and construction condition" is a development regulation or law that specifies the physical development of a site and buildings on the site in a residential development. "Development." The placement or erection of any solid material or structure on land, in, or under water; discharge or disposal of any materials; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, without limitation, subdivision pursuant to the California Government Code, and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreation use; and change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and th e removal or harvesting of major vegetation.
"Discretionary decision." An action requiring the exercise of judgment that is based on a subjective determination of compliance with qualitative standards or criteria. Discretionary permits include, but are no t limited to, minor and major use permits, variances, development review, adoption and amendment of specific plans, and Zoning Code and map amendments. The planning commission, director, other designated planning official, or other review authority may approve, deny, or approve with conditions discretionary permits.
Discretionary decisions require public notice and a hearing and are subject to appeal and to environmental review under the California Environmental Quality Act.
"Distance, radius." The radius around a subject property line to another property line in any direction. "Distillery." A facility authorized to produce, bottle, rectify, process, and store distilled spirits or alcohol (i.e. vodka or grain spirits), including, but not limited to whiskey, gin, brandy, blended applejack, rum, tequila, cordials and liqueurs.
"District/citywide park." These facilities afford contact with the natural and/or historic environment and possess a unique character or function not found in neighborhood or community parks. Improvements may include a variety of special use facilities such as swimming, boating, fishing, golf, hiking, interpretive facilities, scenic overlooks, picnic areas, and other similar facilities meant to serve citizens citywide. "Dooryard." The yard adjacent to the front entry door of a house or onto which the front door opens. "Dormer." A roofed structure, typically containing a window that projects vertically beyond the plane of a pitched roof.
"Drive-in" and "drive-through facilities." Facilities designed to enable persons to receive a service or purchase or consume goods while remaining within a motor vehicle, typically associated with banks, eating and drinking establishments, pharmacies, and other commercial uses. "Duplex (or duet)." A single building that contains two dwelling units or two single unit dwellings on a single lot. This use is distinguished from an accessory dwelling unit. "Dwelling unit." One or more habitable rooms, which are occupied, or which are intended or designed to be occupied by one family with facilities for living, that includes room areas for sleeping, bathing, cooking and eating. "Easement." A grant to the use of land by a property owner to a public agency, corporation, or a private entity or person for specific purposes such as access, construction of utilities, drainage or other specified activity. "Eating" and "drinking establishment." A business primarily engaged in the selling and serving of prepared food and beverages for consumption on or off premises. Typical uses include restaurants, bars, brewpubs and tasting rooms, but does not include adult uses as defined and regulated by this code. "Eave." The projecting lower edges of a roof overhanging the wall of a building. "Effective date." The date on which a permit or other approval becomes enforceable or otherwise takes effect, rather than the date it was signed or circulated.
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"Efficiency unit." A dwelling unit having a living area of not less than one hundred fifty square feet of total floor area and an additional space for a separate bathroom containing a water closet, lavatory, and bathtub or shower. The unit shall be provided with a separate closet, a kitchen sink, cooking appliance and refrigeration facilities, each having a clear work area of not less than thirty inches in front. Light and ventilation must conform to the Building Code.
"Electronic game center." Establishment that provides more than four amusement devices, whether or not the devices constitute the primary use or an accessory or incidental use of the premises. Amusement devices mean an electronic or mechanical equipment, game, or machine that is played or used for amusement, which, whe n played or used involves skill, and which is activated by coin, key, or token. "Eligible facilities request." As defined by Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, codified in 47 USC Section 1455(a), and defined by the FCC in 47 CFR Section 1.40001(b)(3), as may be amended, which defines that term as any request for modification of an existing tower or base station that does not substantially change its physical dimensions and involves a: (1) collocation of new transmi ssion equipment; (2) removal of transmission equipment; or (3) replacement of transmission equipment. "Eligible support structure." As defined by the FCC in 47 CFR Section 1.40001(b)(4), as may be amended, which provides that a constructed tower or base station is existing for purposes of the FCC's Section 6409(a) (Eligible Facilities) regulations if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process; provided, that a t ower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, exists by this definition.
"Emergency shelters." A temporary, short-term residence providing housing with minimal supportive services for homeless families or individual persons where occupancy is limited to six months or less, as defined in Section 50801 of the California Health and Safety Code. Medical assistance, counseling, and meals may be provided. This does not include transitional housing or supportive housing. "Employee." Any person hired by an employer, including any part -time employee, temporary employee hired through an agency; or any independent contractor, partner, or joint venture participant; and who normally work s at least twelve consecutive weeks per year.
"Employer." Any public, private, or nonprofit employer, which has a permanent worksite in the city of Vallejo. Several subsidiaries or units that occupy the same work site and report to one common governing bo ard or governing entity or that function as one corporate unit are considered to be one employer. "Employer" shall not include contractors with no permanent place of business in the city and other businesses with no permanent worksite location in the city.
"Entertainment assembly." The temporary gathering of people for commercial entertainment such as a circus, carnival, festival, car show, or trade show, that is open to the general public. This does not include neighborhood gatherings, community-oriented functions, or private parties or gatherings. "Entertainment facility, large-scale (outdoor)." A large outdoor facility typically greater than twenty -five acres such as amusement and theme park, amusement arcades, sports stadium and arena, racetrack, amphitheater, drive-in theater, miniature golf courses, driving range, golf courses, and riding stables. "Entertainment facility, large-scale (indoor)." It also includes indoor facilities with more than twenty -five thousand square feet in building area such as fitness centers, gymnasiums, handball, racquetball, or large tennis club facilities, ice- or roller-skating rink; swimming or wave pools, bowling alley; and archery or indoor shooting ranges.
"Entertainment facility, small-scale." Small, generally indoor facilities that occupy less than twenty-five thousand square feet of building area, such as card rooms, electronic game centers, health clubs, yoga studios, music studios, dance halls, small tennis club facilities, poolrooms, and amusement arcades.
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"Environmental impact report (EIR)." A detailed document providing information about the effect a proposed project is likely to have on the environment, listing ways in which the significant effects of the project might be minimized, and identifying alternatives to the project. "Environmental initial study." A preliminary analysis prepared to determine if a project may have significant effects on the environment and whether they can be reduced or avoided. "Environmental review." An evaluation process conducted pursuant to the California Environmental Quality Act to determine whether a proposed project may have a significant impact on the environment. "Equipment rental." Establishment engaged in rental of equipment, such as medical devices and party equipment to individuals and businesses, and whose activities may include storage and delivery of items to customers. This use type does not include the rental of machines or vehicles. "Equipment within buildings." Indoor facilities containing primarily communicatio n equipment and storage devices such as computer servers.
"Erect." To build, construct, attach, hang, place, suspend or affix to or upon any surface. Such term shall also include the painting of wall signs.
"Existing building." The continuing but temporary use of an existing, lawfully established building during construction of a new building on the same building site. "Existing grade." On vacant parcels before any land development activities are undertaken, the elevation of the ground at any point on a lot as shown on the required survey submitted with an application for a building permit or grading permit. Existing grade also may be referred to as natural grade. "Exotic animal." A rare or unusual animal or pet that is generally considered to be a wild species including, but not limited to, snakes, hedgehogs, tigers, bears, and monkeys. "Extended care." An establishment providing care on a twenty-four-hour basis for persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services. "Family (household)." One or more persons living together as a single household in a dwelling unit with access to and common use of all living and eating areas and facilities for preparation and storage of food. "Family day care." A home at which the resident of the home provides regular nonmedical care, protection, and supervision of up to fourteen children for periods of less than twenty -four-hours per day while the parents or authorized representatives are away. The provider shall be licensed per the California Health and Safety Code unless specifically exempted therein.
"Family day care home, large." A family day care home that provides family day care for up to fourteen children, including children who reside at the home pursuant to California Health and Safety Code Section 1597, as may be amended.
"Family day care home, small." A family day care home that provides family day care for up to eight, including children who reside at the home, pursuant to Health and Safety Code Section 1597, as may be amended. "Farm stand." A stand located on an active farm that sells processed agricultural products, such as jams, preserves, pickles, juices, cured olives, and other "value-added" products made with ingredients produced on or near the farm. These are accessory to on-site agricultural operations in order to promote the sale of locally grown fresh produce.
"Farmers' market." An outdoor market certified for direct retail sales by f arms to the public by the state or county agricultural commission under California Code of Regulations Title 3, Chapter 3, Article 6.5. Additional activities including, but not limited to, retail sales of other food products, mobile food vendors, performan ce artists, etc. which may occur at the same location subject to approval by the market operator.
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"Farmworker dwelling unit." A single-unit residential structure providing accommodations for six or fewer farmworkers at any one time.
"Farmworker housing complex." Farm employee housing other than a farmworker dwelling unit that is licensed by the State and contains a maximum of thirty-six beds if the housing consists of any group living quarters, such as a barrack or a bunkhouse, or contains a maximum of twelve residential units. A farmworker housing complex is occupied exclusively by farmworkers and their households. "Farmworker housing." A housing accommodation developed for and/or provided to farmworkers including any living quarters, dwelling, boarding house, tent, barracks, bunkhouse, maintenance-of-way car, mobile home, manufactured home, recreational vehicle, travel trailer, or other housing accommodation maintained in one or more buildings and on one or more sites.
"Facade." The building front surface or face. Typically, a single-building side or elevation. "FCC shot clock." The reasonable time frame within which the city generally must act on a given wireless telecommunications application, as defined by the FCC and as may be amended. "FCC." The Federal Communications Commission or a duly appointed successor agency. "Feasible." Capable of being accomplished in a successful manner within a reasonable period of time , taking into account economic, environmental, social, technological, and other relevant factors. "Fence." A horizontal or vertical barrier that functions as a means of protection or confinement or obscures sight to provide privacy, including a wall, hedge, or structure made of metal, wood or similar material. "Fenestration." The arrangement, proportioning, and design of windows and doors on each building elevation or side.
"Financial, insurance" and "real estate services." The finance, insurance and rea l estate services use type refers to establishments primarily engaged in the provision of financial, insurance, real estate or securities brokerage services. These include investment banks, insurance agencies or real estate firms, but not on -site circulation of cash.
"Findings." A statement explaining the reasoning supporting a discretionary decision based on information in the record before the decision-maker. Findings are required for zoning and planning decisions such as approval, approval with conditions, or denial of a major or minor use permit or variance, environmental document, and other planning and zoning land use decisions.
"Finished grade." The average elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the lot property line, or when the lot property line is more than five feet from the building, between the building and a line five feet from the building. Also called grade plane. "Firearms sales." The retail sale of firearms or ammunition by a firearms dealer, whether it is the principal sales item or incidental to the overall sales. This use includes firearms dealers that transfer and lease any firearms. "Flag lot." A lot whose sole access from a public street frontage is either over a private access driveway owned and maintained by the owner of said lot or over a private access easement. The shape of the lot resembles a flag with the driveway as the "flag pole" or stem. Other terms for flag lots are "dog-leg" or "pot handle" lots. "Floor area." The total horizontal enclosed area of all the floors below the roof and within the outer surface of the walls of a building or structure, including basements, mezzanines, interior balconie s, and upper stories or levels in a multistory building unless otherwise stipulated. "Floor." See "Story".
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"Food" and "beverage retail sales." Retail sales of food and beverages retail for consumption off -premises.
Typical uses include groceries, produce stores, liquor stores delicatessens, bakeries, and other specialty food stores.
"Food vending." The sale of ready-to-eat food or drink for immediate consumption by a vendor typically from a portable food booth, food cart, or food truck located in a street or other public place under public or private ownership.
"Freeway." A public right-of-way which is declared to be in compliance with the California Streets and Highways Code as it may be amended, and to which the owners of abutting lands have limited or restricted right of easement of access,.
"Freight/truck terminal" and "warehouse." Facilities for freight, courier, and postal services by truck or rail.
This classification does not include local messenger and local delivery services (see Light Fleet -Based Services). "Front lot property line, corner lot." The narrowest lot property line abutting a public or private street or lane.
"Front lot property line." On an interior lot, that portion abutting a public or private street. On a flag or panhandle lot, the interior lot property line most parallel to and nearest the street or lane from which access is obtained.
"Front yard." A yard extending across the front of a lot for the full width of the lot between the side lot property lines. The depth of a front yard is a distance specified for the zoning district in which it is located and measured inward from the front lot property line.
"Frontage, street." That portion of a lot or parcel of land that borders a public street. "Funeral/interment service." An establishment providing services involving the care, preparation, or disposition of human remains for burial including arranging and managing funerals bu t not including cemeteries, crematories, columbariums, or religious assembly uses, which are separately regulated. "Garage." A building or portion of a building, either private or public, in which motor and other vehicles are stored or kept.
"General personal services." Provision of recurrently needed services of a personal nature. This classification includes barber shops and beauty salons, day/health spas (massage service as accessory), nail salons, tanning salons, seamstresses, tailors, dry cleaning agents (excluding large-scale bulk cleaning plants), shoe repair shops, self-service laundries, video rental stores, photocopying and photo finishing services, photography studios, and travel agencies mainly intended for the consumer. This classification als o includes massage establishments that are in full compliance with the applicable provisions of the Vallejo Municipal Code, and in which all persons engaged in the practice of massage are certified pursuant to the California Business and Professions Code S ection 4612, but excludes gyms, exercise clubs, or studios offering performing arts, martial arts, physical exercise, or yoga training and similar types of instruction. (See "Personal Services, Physical Training") "General retail." The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes retail establishments with seventy -five thousand square feet or less of sales area; including department stores, clothing stores, furniture stores, pet supply stores, small hardware stores (with ten thousand square feet or less of floor area), and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment, sporting goods, kitchen utensils, hardware, appliances, antiques, art galleries, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, video rental, and new automotive parts and accessories (excluding vehicle service and installation).
Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
"Glare." The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort, or loss of visual performance and ability. "Government office." Administrative, clerical, or public contact offices of a government agency, including postal facilities and courts, together with incidental storage and maintenance of vehicles. This classification excludes public safety facilities, corporation yards, equipment service centers, and similar facilities that primarily provide maintenance and repair services and storage facilities for vehicles and equipment (see Utilities, Major). "Grade." The location of the ground surface.
"Grocery store/supermarket." The retail sale of food and beverages for off -site preparation or consumption.
This use may also include bakeries and the provision of other services (e.g., banks, copy services, dry cleaners, film processing, food take-outs, pharmacies, florists, etc.) on the premises. The use includes produce market where a majority of the floor area is used for selling fresh fruits and vegetables, fresh and frozen meats, fish, and poultry as well as other items intended for home preparation and consumption. "Grooming" and "pet store." Retail sales and services of dogs, cats, birds, and similar small animals, including grooming, on a commercial basis. Typical uses include dog bathing and clipping salons, pet grooming shops, sales of pet supplies and equipment, and boarding of domestic animals for a maximum period of forty -eight hours completely within a structure. This classification excludes dog walking and similar pet care services not performed at a fixed location.
"Group residential." Shared living quarters with or without separate kitchen or bathroom facilities for each room or unit, offered for rent for permanent or semi-transient residents on a weekly or longer basis. This classification includes clean and sober facilities, rooming and boarding houses, dormitories, fraternities, convents, monasteries, and other types of organizational housing, farmworker housing, and private residential clubs but excludes residential care facilities licensed by the state department of social services and hotel and motel establishments intended for transient occupancy, both of which types are classified separately. "Guest house." An attached or detached habitable structure with only sleeping, living, and bathroom provisions, which does not have an indoor kitchen or cooking facilities, is occupied on a temporary basis by guests of the residents who live on the premises, and which is not rented to paying guests. "Habitable space." A conditioned living space within a building or structure that is designed to be or can be used for habitation including, but not limited to rooms or spaces intended for living, sleeping, eat ing, or cooking, including living rooms, dining rooms, bedrooms, kitchens, dens, family rooms, recreation rooms, and enclosed porches suitable for year-round use. "Habitable space" also includes any space, which has finished walls (sheetrock or plaster) and/or is heated with any fixed furnace or central heating system, including bathrooms, halls, garages and laundry rooms and storage areas with over seven feet of vertical space. Specifically excluded are balconies, open porches, mechanical equipment rooms, and unfinished attics, basements, and other unfinished spaces that have less than seven feet of height.
"Hardscape." Landscaping elements such as stone, concrete or tiled paving, fountains, benches, fences, arbors, gazebos and similar durable features.
"Heavy automobile repair." Service and repair of automobiles, trucks, motorcycles, including incidental sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, body and fender shops, transmission repair, wheel and brake shops, vehicle painting, tire sales and installation, and installation of car alarms, vehicle radios, and navigation systems, but excludes vehicle dismantling or salvaging and tire retreading or recapping.
"Home-based business." Any activity of a nonresidential nature carried on within a living unit, garage or accessory structure, by an occupant of the living unit and which is clearly incidental and secondary to the residential use of the living unit. A home- based business may include, but is not limited to, the handicraft Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
manufacture of products, the conduct of an art or profession, the offering of a service, home office, or the conduct of a business. Also called home occupation.
"Horse stables." Boarding, breeding or raising of horses not owned by the occupants of the premises or riding of horses by other than the occupants of the premises or their non -paying guests. Typical uses include boarding stables or public stables with indoor or outdoor rings, a dressing room, a harness room , a staff area, watering place, and a room for animal care services.
"Hospice, general." A facility that provides residential living quarters for more than six terminally ill persons. "Hospice, limited." A facility that provides residential living quarters for up to six terminally ill persons. "Hospital." A facility providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis. This use includes facilities for outpatient treatment, as well as training, research, and administrative services for patients and employees. It may include a facility that provides continuous skilled nursing care and supportive care to patients whose primary need is for skilled nursing care on an extended basis.
"Hospitals" and "clinics." State-licensed public, private, and non-profit facilities providing medical, surgical, mental health, or emergency medical services. This classification includes facilities for inpatient or outpatient treatment, including substance-abuse programs, as well as training, research, and administrative services for patients and employees. This classifications excludes veterinaries and animal hospitals. "Household." See "Family."
"Incentive." A regulatory or financial concession, grant, refund, or waiver which may reduce or avoids project costs or increase project feasibility which may be awarded through the density bonus application process. "Incidental use." A use of a lot and/or building that is secondary to the primary or princip al use of the property and is not customarily associated with such use but which could be independent of the primary use. "Industrial land use districts." Any property within the city that is designated "limited industrial" and "industrial"" on the general plan land use map.
"Industry, general." The manufacturing, compounding, processing, assembling, packaging, treatment or fabrication of materials and products, primarily from extracted or raw materials, or bulk storage and handling of the products and materials; and involve an incidence of truck or rail traffic, and/or outdoor storage of products, materials, equipment, or bulk fuel. These include auto dismantling within an enclosed building; biomass energy conversion; food processing and packaging, laundry and dry-cleaning plants greater than five thousand square feet in size, production apparel manufacturing; photographic processing plants; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; p lastics and rubber products manufacturing; nonmetallic mineral product manufacturing; primary metal manufacturing; fabricated metal product manufacturing; and automotive and heavy equipment manufacturing, concrete products manufacture (excluding concrete ready-mix plants), small animal production and processing within an enclosed building, and power generation.
"Industry, limited." The manufacturing of finished parts or products primarily from previously prepared materials; and provision of industrial services within an enclosed building, such as: processing, fabrication of products from components that may be manufactured elsewhere, assembly and treatment, commercial laundries and dry-cleaning plants with five thousand square feet of less; monument works; printing, engraving, and publishing; sign painting shops; machine and electrical shops; computer and electronic product manufacturing; furniture and related product manufacturing; and industrial services. It also includes the preparation, manufacturing, and/or packaging of food for off-site consumption. It excludes basic industrial processing from raw materials, food processing, and vehicle/equipment services and commercial bakeries that provide seating for on - site consumption, which are classified as take-out restaurants.
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"Infrastructure improvement." Projects constructed, financed, installed, or agreed to installed by a property owner, subdivider, public agency, private utility, any other entity approved by the city, or a combination thereof including, street work and utilities on land to be used for public or private streets, highways, ways and easements, as are necessary for the general use of the lot owners and to meet local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map; and any other specific infrastructure, such as streets and sidewalks, trails, drainage, utilities, or other types of physical improvements, the installation of which is necessary to ensure consistency with or implementation of the general plan or any applicable specific plan.
"Interior lot." A lot bounded on one side by a street line and on all other sides by lot property lines between adjacent lots, or that is bounded by more than one street. "Interior side yard." A yard extending along an interior side of a lot from the front lot property line to the rear lot property line, and to a depth specified for the zoning district in which it is located and measured inward from the interior side lot property line.
"Junkyard." Any yard, plot, space, enclosure, building, or other place where discarded items are collected, stored, gathered or kept.
"Kennel." A commercial, non-profit, or government facility for keeping, boarding, training, breeding or maintaining four or more dogs, cats, or other household pets not owned by the kennel owner or operator on a twenty-four-hour basis. This classification includes animal shelters and pet hospitals that provide boarding for animals not receiving services on the site but excludes boarding for periods of forty-eight hours or less. "Key lot." An interior lot, the front of which adjoins the side property line of a corner lot. "Kitchen." A room that is primarily used for cooking and preparation of food that contains a kitchen sink, stove, and cooking equipment. (See CA Building Code)
"Laboratory." An establishment providing dental or medical laboratory services; or an establish ment providing analytical, photographic, testing services, or similar uses. "Land use." The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained, including residential, commercial, industrial, etc. "Large format liquor store." Liquor store with seven thousand square feet or more of gross floor area with standard retail hours of operation.
"Large format retail." Retail establishments with more than seventy -five thousand square feet of sales area that sell merchandise and bulk goods for individual consumption, of which more than ten thousand square feet is used for the sale of non-taxable merchandise, including, but not limited to, food and beverage retail sales. This includes membership warehouse clubs and similar retail establishments known as "superstores". "Legally established" or "constructed." Physical improvements in accordance with all applicable municipal, state, and federal codes.
"Legislative decision." An action by the city council approving a plan, ord inance, or other set of guidelines, policies, standards, or other rules for the use or development of land and property subject to the city of Vallejo's jurisdiction.
"Light fleet-based service." Passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of three or more vehicles with rated capacities less than ten thousand lbs. This classification includes parking, dispatching, and offices for taxicab and limousine operations, ambulance services , non-emergency medical transport, local messenger and document delivery services, home cleaning services, and similar businesses. This classification does not include towing operations (see automobile/vehicle sales and service, towing and impound) or taxi or delivery services with two or fewer fleet vehicles on-site.
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"Light automobile repair." The service and repair of automobiles, light-duty trucks, and motorcycles, including the incidental sale, installation, and servicing of related equipment and parts . This classification includes the replacement of small automotive parts and liquids as an accessory use to a gasoline sales station or automotive accessories and supply store, as well as smog check quick -service oil, tune-up and brake and muffler shops where repairs are made, or service provided in enclosed bays and no vehicles are stored overnight. This classification excludes disassembly, removal or replacement of major components such as engines, drive trains, transmissions or axles; automotive body and fender work, vehicle painting or other operations that generate excessive noise, objectionable odors or hazardous materials, and towing services. It also excludes repair of heavy trucks, limousines or construction vehicles.
"Liquor store." A retail establishment licensed by the State Department of Alcoholic Beverage Control to sell alcoholic beverages for off-site consumption.
"Live entertainment" and "dancing." Any "public dance" and/or live musical performances where fixed seating or chairs are not provided for each patron or customer in attendance. A fee or cover charge may or may not be imposed. A "public dance" shall not include dancing at a banquet facility, where the rental of such hall is for a private function and not open to the general public. "Live entertainment" includes musical acts, karaoke, theatrical acts, stand-up comedy, magic acts, disc jockey, and similar activities. "Live theater." Facility designed and used for live entertainment, including plays, comedies, and musicals, which typically contains a stage upon which movable scenery and theatrical appliances, or musical instruments and equipment are used.
"Live/work unit." A unit that combines a workspace and incidental residential occupancy, in which the work component is the primary use and the residential component is secondary, occupied by a single household in a structure that has been designed or structurally modified to accommodate joint residential occupancy and work activity. The "work" activity is conducted by a person or persons for whom the living space is their principal residence.
"Living accommodations." Shared living quarters with or without separate kitchen or bathroom facilities for each room or unit.
"Living room." The principal room in a dwelling unit designed for general living purposes rather than for sleeping.
"Lodging." Any place of business that provides overnight accommodations for a fee, including but not limited to: hotels; motels; bed and breakfast inns; spas; dude ranches; golf resorts; youth hostels; farm stay; campgrounds; recreational vehicle parks; and rental properties such as condominiums, cabins, houses, and apartments.
"Long-term parking." An area designed for employee or non-employee-related uses, such as overnight parking, or parking when a vehicle is not normally moved during the period of an employee's work shift, as opposed to customer or visitor parking.
"Lot." A parcel or plot of land of record lawfully created and recorded in Solano County as required by state law and city ordinance and which is used or capable of being used under the regulations of the Zoning Code. "Lot area." The area of a lot measured horizontally between bounding lot property lines. "Lot area, net." The lot area minus any public rights-of-way, public easements, floodplains, environmentally sensitive areas, and areas with archaeological or cultural resources. "Lot coverage." The portion of a lot that is covered by structures, including principal and accessory buildings, garages, carports, patios with covers that are fifty percent or less open to the sky, and roofed porches, but not including unenclosed and unroofed decks, landings, or balconies.
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" lot property line." The boundary between a lot and other property or the public right -of-way. Legally established parcel lines.
"Maintenance" and "repair, structure/building." The repair or replacement of nonbearing walls, fixtures, wiring, roof, or plumbing that restores the same character, scope, size, or design of a structure to its previously existing, authorized, and undamaged condition. This includes in-kind replacement or repair activities that do not involve a change to the architectural or historic value, style or general design of the building, structure, or object. "Maintenance" or "repair services." An establishment providing appliance repair, office machine repair, or building maintenance services. This use does not include the maintenance and repair of vehicles (see Vehicle/Equipment Repair).
"Major transit stop." A site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of fifteen minutes or less during the morning and afternoon peak commute periods as defined in Californi a Public Resources Code Section 21064.3.
"Major automobile sales" and "leasing." Sales and leasing of vehicles with incidental maintenance or repair work, outdoor display or outdoor storage.
"Manufactured home." A dwelling unit having a permanent foundat ion system that is transported to the site and which was either constructed after September 15, 1971, and has an insignia of approval from the California Department of Housing and Community Development, or constructed after July 1, 1976, and has an insigni a of approval from the U.S. Department of Housing and Urban Development, and which has not been altered in violation of applicable codes. This includes residential buildings, dwelling units, or building components either wholly or partially manufactured at an offsite location to be wholly or partially assembled on a legally-established building site in compliance with the California Factory-Built Housing Law (Health and Safety Code, Division 13, Part 6, Sections 19960 to 19997.) Not a mobile home.
"Marijuana." See "Cannabis."
"Marina." Facilities for the docking of boats and related accessory uses, including boat rentals, boat repairs, boat fueling facilities, harbormasters office, and other maritime uses. "Material, adult business." Adult businesses, shall mean and include, but not limited to, accessories, books, magazines, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes or electronically generated images or devices including computer software, or any combinatio n thereof. "Maximum residential density." The maximum number of dwelling units permitted in a residential development by this Zoning Code and by the land use element of the general plan on the date that the application for the residential development is deemed complete, excluding any density bonus. If the maximum density allowed by this Title is inconsistent with the density allowed by the land use element of the general plan, the land use element density shall prevail.
"Media production." Establishments engaged in the production of movies, video, music and similar forms of intellectual property. Typical facilities include movie and sound recording studios and production facilities, distribution facilities, editing facilities, catering facilities, printing facilities, post-production facilities, set construction facilities, sound studios, special effects facilities and other entertainment -related production operations. This classification does not include facilities for live audiences (see commercial entert ainment and recreation) or transmission and receiving equipment for radio or television broadcasting (see communication facility).
"Media production facility, full-service." Indoor and outdoor production facilities, distribution facilities, post - production facilities, set construction facilities, sound stages, special effects facilities, and other media -related production operations.
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"Media production support facility." Administrative and technical production support facilities such as offices, editing and sound recording studios, film laboratories, and similar functions that occur entirely within a building.
"Medical" and "dental offices." Offices providing consultation, diagnosis, therapeutic, preventive, or corrective personal treatment services by doctors and dentists; medical and dental laboratories that see patients; and similar practitioners of medical and healing arts for humans licensed for such practice by the state of California. Incidental medical and/or dental research within the office is con sidered part of the office use if it supports the on-site patient services. These offices include clinics. "Mezzanine." An intermediate floor within a building interior without complete enclosing interior walls or partitions that is not separated from the floor or level below by a wall and has a floor area that is no greater than one third of the total floor area of the floor below. Sometimes called a loft. "Microenterprise home kitchen operation." A type of cottage food operation conducted by a resident in a private home where food is stored, handled, and prepared for, and may be served to, consumers on the day it is prepared. See "cottage food operation".
"Mini-storage." A storage facility that is characterized by individual separate spaces which are ac cessible by customers for the storing and retrieval of personal effects, household goods, business supplies or products offered for off-site sales. In no case shall storage spaces be used for manufacturing, retail or wholesale selling, office or other business services, or human habitation on the premises. Also called self-service storage or personal storage facilities.
"Ministerial permit." Any permit that staff approves or issues after determining that the use or proposed project conforms with all applicable objective standards and requirements. Ministerial approvals include, but are not limited to, such approvals as home based business permits, accessory dwelling units located within an existing dwelling unit, and temporary use permits. Ministerial permits are not discretionary and are not subject to environmental review under CEQA. The approval of a ministerial permit is subject to appeal on the grounds that the determination of compliance was incorrect.
"Minor automobile sales" and "leasing." Sales and leasing within an enclosed structure without any incidental maintenance or repair work, outdoor display, or outdoor storage. "Mitigated negative declaration (MND)." A declaration prepared for a project when the initial study has identified potentially significant effects on the environment but (1) the applicant has made or agreed to revisions that would reduce potentially significant impacts to less than significant levels before the initial study and negative declaration has been released for public review; and (2) there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment. "Mixed-use." Any development in a single building or multiple structures on the same lot that includes both residential and non-residential uses with at least two-thirds of the floor area are designated for residential use. "Mobile food truck off-street." Commercial vending of food and beverages from vehicles parked off -street. "Mobile food vending." The sale of food from any motorized or trailer vehicle that is portable and not permanently attached to the ground from which food and beverages are sold, served free or sampled, displayed or offered for sale.
"Mobile home." A structure designed for human habitation and for being moved on a street or highway under permit pursuant to the California Vehicle and Health and Safety Codes. Mobile home does not include recreational vehicle, commercial coach, noncommercial coach or manufactured home. A mobile home may be designed to be used with or without a permanent foundation system. "Mobile home park." Any area or tract of land where two or more lots are used to accommodate mobile homes for human habitation in compliance with the California Health and Safety Code Section 18214, or any Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
successor regulation. This use type includes facilities and amenities used in common by occupants who rent, lease, or own spaces for mobile homes through a subdivision, cooperative, con dominium, or other form of resident ownership.
"Mobile recycling unit." An automobile truck, trailer or van, licensed by the California Department of Motor Vehicles, which is used for the collection of recyclable materials. A mobile recycling unit also me ans the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials. "Mobile unit" or "structure as accessory use." The temporary use of a mobile unit or structure as a caretaker's or manager's residence or as a residence during the construction of a new residential unit on the same parcel.
"Mobile unit" or "structure used for industrial or storage purposes." Mobile unit or structure means any structure not permanently affixed to the ground with a foundation, as determined by the chief building official.
This includes, but is not limited to, any trailer, house car, or mobile home, whether or not wheels are attached, or cargo container.
"Movie theater." A facility that provides for indoor display of films and motion pictures. "Multi-unit residential." Three or more dwelling units within a single building or within two or more buildings on a site or lot(s), including a triplex or fourplex. These include garden apartments, senior housing developments , and multi-story apartment buildings. The classification is distinguished from group residential. "Negative declaration." A written finding approved by the city council or designated staff with approval authority that a proposed project would have no effect on the environment and briefly stating the findings and reasons for that determination.
"Neighborhood park." Facilities typically less than seven acres in size, which are designed primarily to provide facilities for preschool, and elementary age children. They may be combined with or be located adjacent to elementary school site and may include open, multiuse turfed playfields, play apparatus areas, park -like landscaped areas, multigame court areas, sanitation facilities and/or meeting facilities meant to serve nearby neighborhoods.
"Nightclub." An establishment engaged primarily in offering entertainment to the general public, in the form of music for dancing or live or recorded performances. The establishment may or may not engage in the preparation and retail sale of alcoholic beverages for consumption on the premises. "Non-conforming lot." A lot that was legally established in compliance with regulations applicable at the time but which does not conform with current standards for area, width, front age or other such standards for the zoning district in which the lot is located because of annexation or amendments to this Zoning Code. "Non-conforming sign." A sign that was legally created and erected in compliance with regulations applicable at the time but which does not conform to the current general regulations for signs and the sign regulations standards for the zoning district where the sign is located. "Non-conforming structure." A structure that was legally constructed in compliance with regula tions applicable at the time but which does not conform with current height, setback, coverage or other measurable standards for the zoning district in which the structure is located because of annexation or amendments to the Zoning Code.
"Non-conforming use." A use of a building, structure, or site, or portion thereof, or a building, structure or facility itself, which was legally established, and has been maintained, erected or altered in compliance with applicable regulations but which no longer conforms to the specific current regulations applicable to it. Provided however, that this term shall not apply to any use involving the sale of alcoholic beverages (See Deemed approved use). Non-conforming uses include, but are not limited to, uses that are no l onger conforming because of annexation or amendments to this Zoning Code.
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"Nude entertainment business." Any amusement, performance, exhibition or diversion, which includes the showing of the human male or female genitals, pubic area, or buttocks with les s than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state. This does not include incidental nudity in a theat re or film performance or exhibition.
"Nursery" and "garden center." A retail establishment selling plants, seeds, shrubs, and various gardening equipment. Garden products such as trees, shrubs, plants, seeds, bulbs, and sod are predominantly grown elsewhere. All merchandise other than plants is kept within an enclosed structure or fully screened. Fertilizers of any type are stored and sold in package form only.
"Nursing facility, nursing home." A common name for an establishment licensed as a skilled nur sing facility by the California State Department of Health Services providing twenty -four-hour medical, convalescent or chronic care to individuals who, due to advanced age, chronic illness or infirmity, are unable to care for themselves, including without limitation rest homes and convalescent hospitals. "Occupancy." The purpose for which a building or portion of a building is used or intended to be used for.
The term also includes the building or room housing such use. Change of occupancy is not intended to include change of tenants or owners, but of uses.
"Off-sale beer" and "wine." A store operating under a Type 20 license authorizing sale of beer and wine for consumption off the premises.
"Off-sale general." A store operating under a Type 21 license authorizing sale of distilled spirits, beer, wine, and other alcoholic beverages for consumption off the premises. "Off-sale liquor establishment/liquor store." Any establishment that requires a liquor license from the California Department of Alcoholic Beverage Control to sell alcoholic beverages that will not be consumed on the property on which the alcohol is sold.
"Offices." Offices of firms or organizations providing professional, executive, management, administrative or design services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, investment, insurance, and legal offices, excluding banks and savings and loan associations with retail banking services (see banks and financial institutions). This classification also includes offices where medical and dental services are provided by physicians, dentists, chiropractors, acupuncturists, optometrists, and similar medical professionals, including medical/dental laboratories within medical office bu ildings but excluding clinics or independent research laboratory facilities (See research and development) and hospitals (see hospitals and clinics). "On-sale liquor establishment." Any establishment that requires a liquor license from the California Department of Alcoholic Beverage Control to sell alcoholic beverages that will be consumed on the premises on the property on which the alcohol is sold.
"On-site construction yards." On-site contractors' construction yards, including temporary trailers and storage of equipment, in conjunction with an approved construction project on the same site. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion building permit authorizing the construction, whichever occurs first. "Opacity." The degree of being impervious or obscure to light and sight. "Open space." Open areas that provide visual relief from the urban landscape and provide opportunities for passive and active recreation.
"Open space, common." Areas for outdoor living and recreation that are intended for the use of residents and guests of more than one dwelling unit. Common areas typically consist of landscaped areas, walks, patios, swimming pools, playgrounds, turf, or other such improvements as are appropriate to enhance the outdoor environment of the development.
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"Open space, private." Open areas for outdoor living and recreation that are adjacent and directly accessible to a single dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests. Private areas typically consist of courtyards, balconies, decks, patios, fenced yards, and other similar areas. "Open space, useable." Outdoor areas that provide for outdoor living and/or recreation for the use of residents.
"Overlay district." A zoning designation specifically delineated on the zoning map establishing land use requirements that govern in addition, or as an alternative, to the standards set forth in the underlying base district. "Owner." A person or persons holding single or unified beneficial title to the property, including but not limited to the settlor of a grantor trust, a general partner, firm or corporation. "Paddock." A small field or enclosure where horses or ponies are kept or exercised. See "Corral". "Parapet." A wall or railing that extends above the roofline and along all or a portion of its perimeter. "Parcel." See "Lot".
"Park." Any publicly or privately-owned property which is designated "neighborhood park" or "community park" on the general plan land use map or is used for open space and/ or recreational purposes, including activities by minors.
"Park" and "recreation facilities, public." Parks, playgrounds, recreation facilities, trails, wildlife preserves, and related open spaces, which are open to the general public. This classification also includes playing fields, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, and golf courses, botanical gardens, as well as related food concessions or community centers within the facilities. "Parking area." An area of a lot, structure, or any other area, including driveways, which is designed for and the primary purpose of which is to provide for the temporary storage of operable motor vehicles. "Parking facilities, commercial." Surface lots and structures for the use of occupants, employees, patrons, or the general public for a fee when such use is not incidental to another on-site activity. "Parklet." A small public sidewalk extension including up to two parallel and four diagonal parking spaces that includes temporary furniture and other material such as tables, seating, shrubs, bicycle parking or oth er features approved by the city or permanent fixtures, available for use by the general public, and maintained by the owner of the adjacent business. “Parking Module.” One access aisle servicing a row of parking on each side of the aisle. "Passenger station." Facilities for passenger transportation operations. This classification includes rail, bus and ferry stations and terminals but does not include terminals serving airports or heliports. Typical uses include ticket purchasing and waiting areas out of the public right-of-way, restrooms, and accessory uses such as cafes. "Patio." A leveled, surfaced area usually adjacent to a principal building that may be covered with a solid or open roof structure, which may be attached to the building or another structure. Patio does not include any area used for vehicle parking, storage rooms, or as a habitable room. "Pawnshop." An establishment engaged in the buying, selling, trading, accepting for consignment, accepting for auctioning, or auctioning of new or secondhand merchandise and offering loans in exchange for or secured by personal property.
"Pedestrian friendly." An area where the design and use of buildings and streets is regulated to attract and accommodate pedestrians by incorporating features such as a variety of ground floor uses providing retail goods and services visible to pedestrians through transparent windows and doors, landscaping along sidewalks, buffers separating pedestrians from vehicle traffic, street furniture, narrow vehicle thoroughfares with pedestrian crossings that slow motorists, and an absence or limited number of driveways crossing the sidewalk. The term pedestrian-oriented is also used to describe areas with such features.
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"Pedestrian way." A right-of-way designed for use by pedestrians and bicyclists that is not designed for or used by automotive vehicles and is not located within a street right-of-way. "Personal services" and "general personal services." Provision of recurrently needed services of a personal nature. This classification includes barber shops and beauty salons, day/health spas (massage service as accessory), nail salons, tanning salons, seamstresses, tailors, dry cleaning agents (excluding large-scale bulk cleaning plants), shoe repair shops, self-service laundries, video rental stores, photocopying and photo finishing services, photography studios, and travel agencies mainly intended for t he consumer. This also includes tattoo or body modification parlors.
"Personal services, massage service." Any premises, place of business or membership club where the primary use is providing or giving for a fee or other form of consideration a massage, bath, manipulation of the body, electric or magnetic treatment, alcohol rub or other similar massage service or procedure. A use where accessory massage occurs i.e., chair massage services in a supermarket, massage services in the courtyard of an outdoor o r indoor shopping center) shall not be classified as a massage establishment. "Personal services, massage therapy." Massage operations in conjunction with and on the same premises and when accessory to a physician, surgeon, chiropractor, osteopath, nurse or any physical therapist who are duly state-licensed to practice their respective professions in the State of California, trainers of athletes, and state - licensed barbers, beauticians, manicurists, cosmetologists, and estheticians while engaging in practi ces as part their license.
"Personal services, physical training." Gyms, exercise clubs, or studios offering martial arts, physical exercise, yoga training and similar types of instruction to classes and groups of more than five persons. "Personal wireless services." As defined in 47 USC Section 332(c) (7) (C)(i), as may be amended, which defines the term as commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.
"Personal wireless service facilities." As defined in 47 USC Section 332(c) (7)(C)(ii), as may be amended, which defines the term as facilities that provide personal wireless services. "Persons with disabilities." Persons who have a medical, physical, or mental condition, disorder or disabi lity as defined in the California Government Code or the Americans With Disabilities Act, that limits one or more major life activities.
"Pet clinic/hospital." Establishments where small animals receive medical and surgical treatment. This classification only includes facilities that are enclosed, soundproofed, and air -conditioned. Grooming and temporary boarding of domestic animals is included if incidental to the hospital use. "Pet day care service." A commercial, non-profit, or governmental facility for keeping four or more dogs, cats, or other household pets not owned by the kennel owner or operator primarily for periods of less than twenty-four hours.
"Planting strip." The area between the curb, or in the case where there is no curb the edge of the r oadway, and the abutting property line, that is not improved by surfacing intended for the use of pedestrians, is designed to separate the sidewalk from the roadway or to prevent access to abutting properties and is intended to be planted with trees or otherwise landscaped.
"Playground." An improved outdoor area publicly or privately owned, designed, equipped and set aside for children's play that is not intended for use as an athletic playing field or athletic court. This definition includes a restaurant operating a playground open to the public.
"Porch." A roofed open area that provides access to a doorway and typically extends from the exterior wall of the structure and requires ground supports.
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"Pre-existing." In existence before the effective date of the ordinance updating this Zoning Code and any subsequent amendments thereto.
"Predominant, predominantly." A feature or element that is primary, prevalent, more important or noticeable than any other; typically, but not necessarily, the largest or bigg est. "Premises." An area of land with its structures that, because of its unity of use, is regarded as the smallest conveyable unit.
"Primary unit." The larger of two dwelling units on a property with an accessory dwelling unit (ADU). "Primary use." A primary, principal or dominant use established, or proposed to be established, on a lot and occupies at least seventy percent of the gross floor area of the tenant space or building. "Principal residence." The dwelling unit in which a person lives the majo rity of the time or which is considered his/her primary residence as determined by factors that may include but are not limited to the address used on voting registration, driver's license, income tax forms, and passport. "Private facilities." Facilities operated by an organization and open only to bona fide members of such organization.
"Produce store." A retail food store where a majority of the floor area is used for selling fresh fruits and vegetables, fresh and frozen meats, fish, and poultry as well as other items intended for home preparation and consumption.
"Project." Any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure or use, that is subject to the provisions of this Zoning Code. This term i ncludes, but is not limited to, any action that qualifies as a "project" as defined by the California Environmental Quality Act. "Public facility." A facility operated by a public or quasi-public agency or organization that are open to the general public. An admission fee may be required, and hours of operation limited. "Public hearing." A meeting noticed as required by the Zoning Code in which testimony and arguments are presented publicly before any of the hearing bodies established by this code including commissions, boards, city council, or staff approval authority.
"Public market." Indoor and or outdoor retail year round use with multiple food vendors that are owner - operated shops, stalls, and/or day-tables. The market may include a food hall with independent purveyors with common seating area. The public market may sell in season, fresh and farm products, artisan, crafts, limited production products. The public market may be owned and operated by public or non -profit entities. May include a farmer's market and chain stores and franchises, which are an accessory to in dependent purveyors. "Public right-of-way." A street, including adjacent sidewalks, providing the principal means of access to abutting property and dedicated to, or maintained by, the city; or a street providing the principal means of access to abutting property and with right-of-way or easement, and paved and otherwise improved to meet city standards or planned to be improved to city standards.
"Public safety facility." A facility for public safety and emergency services, including police and fire protection, with incidental storage, training and maintenance facilities. This use includes facilities used by the National Guard or the Military Reserve.
"Public services." Includes, but is not limited to, water, sewer, gas, cable television, communications a nd electric power distribution lines.
"Quick-service restaurant (QSR)." An establishment serving food and beverages prepared on -site where customers may order full meals from a walk-up counter or drive-through facility for either on- or off-site consumption. Generally referred to as fast-food restaurant.
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"Real estate office within a subdivision." A temporary real estate office and other permitted uses for the first sale of dwellings and lots within a recorded subdivision. "Rear lot property line." The lot property line that is opposite and most distant from the front lot property line. Where no lot property line is within forty-five degrees of being parallel to the front lot property line, a line ten feet in length within the lot, parallel to and at the maximum possible distance from the front lot property line, will be deemed the rear lot property line for the purpose of establishing the minimum rear yard. "Rear yard." A yard extending across the rear of a lot for its full width between side lot property lines, and to a depth specified for the zoning district in which it is located. If a lot has no rear lot property line, a line ten feet in length within the lot, parallel to and at the maximum possible distance from the front lot property line, will be deemed the rear lot property line for the purpose of establishing the minimum rear yard. "Reasonable accommodation." Any deviation requested and/or granted from the strict application of the city's zoning and land use laws, rules, policies, practices and/or procedures under provisions of federal or California law to make housing or other facilities readily accessible to and usable by persons with disabilities and thus enjoy equal employment or housing opportunities or other benefits guaranteed by law. "Reclassification of land." An amendment to the zoning map, which amendment changes the classification of any property from one zoning district to another zoning district provided for in the Zoning Code. "Recreation facilities." Indoor or outdoor establishments or places where participants can engage in sports, have contact with the natural or historical environment, obtain visual relief from developed areas, or partake of or other activities for exercise and/or enjoyment. Spectators are incidental on a recurri ng basis. "Recreational vehicles." A vehicle which is built on a single chassis or capable of being placed in or on a vehicle; designed to be self-propelled or towable by a light duty truck; and designed primarily for use as temporary living quarters for recreational, camping, travel or seasonal use. The basic entities are travel trailer, camping trailer, truck or van camper, tent trailer and motor home, or trailer-borne recreation equipment with or without motive power, for recreational, travel or emergency purposes as defined in Sections 18009 and 18010 of the California Health and Safety Code.
"Recreational vehicle sales." An establishment that sells, rents and/ or leases motor homes, trailers, and boats, including incidental storage, installation of accessories and maintenance. This includes facilities that repair or service recreational vehicles.
"Recreational vehicle storage." On-site parking of recreational vehicle(s) on a parking space approved for a recreational vehicle and that is separate from the required off-street parking provided. "Recreational vehicle storage, private." Recreational vehicle storage that is owned and operated by an individual homeowner or homeowners' association and used exclusively by the homeowner or members of that association.
"Recreational vehicle storage, public." Recreational vehicle storage that is provided for use by the general public.
"Recyclable material." Reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, re-manufacture or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with the California Health and Safety Code. "Recycling facilities." A collection facility for recycling materials including glass, metal, paper products and other materials as may be determined by the director. This use includes donation collection facilities, mobile recycling units, reverse vending machines and small and large collection facilities.
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"Recycling facility, large." A recycling facility over seven hundred square feet for the drop -off or deposit of recyclable materials. These uses may be indoor or outdoor and may include mobile recycling units, storage bins, and required enclosures and reverse vending machines collectively over seven hundred square feet. "Recycling facility, small." A recycling facility of seven hundred square feet or less for the deposit or drop -off of CRV recyclable materials. These uses may be indoor or outdoor and include mobile recycling units, storage bins, and required enclosures and reverse vending machines.
"Review authority." The decision-making body or official responsible for approving, approving with conditions, or denying an application, including decisions on appeals. For example, the planning commission is the review authority over an application for a major use permit, the planning and development services director is the review authority over an application for a minor use permit. "Religious institution." A facility used primarily for religious assembly or worship and related religious activities and having a conditional use permit if required by the review authority. "Remodel." See "Alteration, major and minor".
"Research" and "development." A facility for scientific research and the design development, and testing of and testing of electrical, electronic, magnetic, optical, pharmaceutical, chemical, technology compon ents and products, and other similar uses in advance of product manufacturing. This classification includes assembly of related products from parts produced off-site where the manufacturing activity is secondary to the research and development activities. It may also include offices as a secondary use. Typical uses include electronics research laboratories, space research and development firms, and pharmaceutical research labs but excludes medical testing, analysis, and product testing.
"Residential care facility." A type of care facility that is State-licensed and provides permanent living accommodations and twenty-four-hour primarily non-medical care and supervision for persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living. Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit or not-for-profit institutions including group homes for minors, persons with disabilities, people in recovery from alcohol or drug addictions, and hospice facilities. "Residential care, general." State licensed facility, family home, group care facility, o r similar facility that is maintained and operated to provide twenty-four-hour nonmedical residential care for seven or more adults, children, or adults and children in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or the protection of the individual. This use includes the administration of limited medical assistance.
"Residential care, limited." State licensed facility, family home, group care facility, or similar facility that is maintained and operated to provide twenty-four-hour nonmedical residential care for six or fewer adults, children, or adults and children as-in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or the protection of the individual and which is required by State law to be treated as a single housekeeping unit for zoning purposes. This use includes the administration of limited medical assistance. "Residential care, senior." As defined by California Health and Safety Code Section 1569.2, as it may be amended, as a housing arrangement chosen voluntarily by persons sixty years of age or over (or their authorized representative) where varying levels and intensities of care and supervision, protective supervision, o r personal care are provided based on their varying needs.
"Residential land use districts." Any property within the city which is designated "Primarily Single -Family", "Mix of Housing Types/Medium Density" and "Primarily Multi-Family" on the general plan land use map. "Residential use in property zoned planned development (PD)." A planned development which contains residential units an any property within the PD zoning district as set forth on the zoning map, as it may be Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
amended from time to time. For purposes of applying distance locational limitations in this code, only the portion of the area zoned PD actually containing residential units shall be considered the residential land use designation. "Restaurant with drive-through." Establishment where food or coffee-type beverages are purchased by motorists who remain in their vehicles during the sales transaction including drive -up service. "Restaurant, full service." Restaurant providing food and beverage services to patrons who order and are served while seated and pay after eating. Take-out service may also be provided. Full-service restaurant includes eating places authorized to sell beer, wine, and distilled spirits for consumption on -site under Type 47 Department of Alcoholic Beverage Control license and eating places that are authorized to sell beer and wine under a Type 41 License.
"Restaurant, limited service." Establishment where food and beverages are consumed on the premises, taken out, or delivered, and where limited table service is provided. This classification includes cafes, cafeterias, coffee shops, delicatessens, fast-food restaurants, quick service restaurants/fast-food establishments, sandwich shops, limited-service pizza parlors, self-service restaurants, and snack bars with indoor or outdoor seating for customers. This classification includes bakeries that have tables for on-site consumption of products. "Retail sales." The purchase of finished goods and services by consumers and businesses. "Reversed corner lot." A corner lot, the rear of which abuts a key lot. "Reversed frontage lot." A double-frontage lot for which the boundary along one of the streets is established as the front lot property line and the boundary along the other street is established as the rear lot property line. "Ridesharing." Any mode of transportation other than a single occupancy vehicle that transports one or more persons to a worksite.
"Rooming house" and/or "boardinghouse." A building or portion thereof, other than a hotel or motel, providing room and/or board for compensation with or without meals. "Salvage" and "wrecking." Storage and dismantling of vehicles and equipment for sale of parts, as well as their collection, storage, exchange or sale of goods, including, but not limited to any used buildin g materials, used containers or steel drums, used tires, and similar or related articles or property. "School." Any institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the state board of education and has an approved conditional use permit, if required, under the applicable jurisdiction.
This definition includes nursery schools, kindergartens, elementary schools, junior high schools, senior high schools, or special institutions of learning under the jurisdiction of the state department of education. The definition of school does not include a vocational institution. "Screening." A wall, fence, hedge, informal planting, or berm provided for the purpose of buffering a building or activity from neighboring areas, different land uses, visual impacts, or from the street. "Section 6409." Section 6409(a) of the Middle-Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112- 96, 126 Stat. 156, codified as 47 USC Section 1455(a), as may be amended. "Security grate." A metal grate that rolls up over, or slides across, a window or door to provide protection against unwanted entry. It also can be a fixed metal fixture over window openings. "Senior citizen housing development." A residential development with at least thirty -five dwelling units, meeting the definition of a senior citizen housing development set forth in California Civil Code Section 51.3. "Senior citizen." As defined in California Civil Code Section 51.3, a person sixty -two years of age or older, or fifty-five years of age or older who may occupy a senior citizen housing development.
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"Senior housing." Residential development designed for senior citizen households. Any age restrictions must be consistent with federal and state requirements.
"Sensitive land use." A residence, public or private school, public library, public or private park, public or private playground, or religious institution, where minors would likely be present. "Service stations." An establishment engaged in the retail sale of vehicle and equipment fuel, lubricants, parts and accessories. These uses include service stations with convenience stores, self -service auto washes and facilities having service bays for vehicle service and repair. The service and repair may include incidental maintenance and repair of automobiles and light trucks but shall not include maintenance and repair of large trucks, or body and fender work or automobile painting on any vehicles. Light auto/vehicle/equipment repair is allowed here but not heavy as described above.
"Service stations, full service." A service station that has one or more service bays. "Service stations, minimum service." A service station that has no service bays. "Setback." The minimum or maximum distance that is required between a building or building feature and the closest a property line., right-of-way, shoreline or other place or line the Zoning Code or other ordinanc es establishes to govern the placement of structures.
"Shared parking." An arrangement in which multiple uses with different peak parking demand periods use the same off-street parking spaces.
"Shopkeeper unit." A dwelling unit located above and with an internal connection to a ground floor commercial space that is operated by the resident of the dwelling unit and meets applicable occupancy separation requirements of the California Building Code. This use type is distinguished from a live -work unit. "Side lot property line." Any lot property line that is not a front or rear lot property line. "Sign copy." The visually communicative elements mounted on a sign. Also called copy. "Sign." A structure, device, figure, display, message placard, or other contr ivance, or any part thereof, situated outdoors or indoors, which is designed, constructed, intended, or used to advertise, or to provide information in the nature of advertising, to direct or attract attention to an object, person, institution, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. Does not include murals, paintings and other works of art that are not intended to advertise or identify any business or product. "Significant tree." Any tree or stand of trees on private property having either a height of twenty -five feet measured above ground level, or a diameter of ten or more inches. "Signs, abandoned." A sign that no longer advertises a business, lessor, owner, product, service or activity on the premises where the sign is displayed.
"Signs, awning." A sign copy or logo attached to or painted to the outside surface of an awning. "Signs, cabinet." A sign which contains all the text and/or logo symbols within a single enclosed cabinet and may or may not be internally illuminated. Also called a can or panel sign. "Signs, construction." A temporary sign announcing/describing a constr uction project, architect, builder/developer, engineer, etc. in words and/or drawings. "Signs, directional." An exterior on-site sign that directs or guides pedestrian and/or vehicular traffic and which does not include general advertising for hire but may direct persons to specific locations of public facilities or parts of an establishment that have separate exterior entrances. Examples include accessible parking, one -way, exit, entrance, rest rooms, emergency room, garage, underground utilities, and suc h similar functions. Also called directional signage.
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"Signs, flag." A piece of fabric or other flexible material, usually rectangular, of distinctive design, used as a symbol, which is capable of movement, or fluttering in moving air or wind. "Signs, freestanding." A sign supported by structures or supports that are placed on, or anchored in, the ground and which are structurally independent from any building including "monument signs," "pole signs," "pylon signs," and "ground signs."
"Signs, freeway oriented." A sign that orients primarily to the traveling public using a freeway or expressway and installed for the purpose of identifying major business locations within certain commercial zoning districts in close proximity to a freeway or expressway.
"Signs, illuminated (indirect/internal illumination)." A sign that is illuminated with an artificial source of light.
An indirectly illuminated sign is a sign whose light source is external to the sign and which casts its light onto the sign from some distance. An internally illuminated sign is a sign whose light source is located in the interior of the sign so that the rays go through the face of the sign, or light source which is attached to the face of the sign and is perceived as a design element of the sign.
"Signs, monument." A low-profile freestanding sign erected upon or supported solely by a planter, pedestal base, or similar ground structure approximately the same width as the sign and which is designed to incorporate the architectural theme and building material of the building on the premises. Internal supports, open braces, poles or pylons, if any, are enclosed by decorative covers or otherwise not exposed to view. "Signs, off-site." A sign identifying a use, facility, service, or product which is not located, sold, or manufactured on the same premises as the sign or which identifies a use, service, or product by a brand name which, although sold or manufactured on the premises, does not constitute the principal item for sale or manufactured on the premises. The on-site/off-site distinction does not apply to non-commercial messages. This includes billboards. Contrast: on-site sign.
"Signs, on-site." A sign identifying a use, facility, service, or product which is located, sold, or manufactured on the same premises as the sign. The on-site/off-site distinction does not apply to non-commercial messages.
Contrast: off-site sign.
"Signs, permanent." A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.
"Signs, pole (pylon sign)." An elevated freestanding sign that is supported by one or more exposed poles or columns that are permanently attached directly into or upon the ground. "Signs, portable." A freestanding sign that is not permanently affixed, anchored or secured to either the ground or a structure on the property it occupies.
"Signs, projecting." A building wall sign, the surface of which is not parallel to the face of the supporting wall and which is supported wholly by the wall.
"Signs, real estate for sale" or "lease." A temporary sign that advertises the sale, lease or rental of the property but not including temporary subdivision signs or signs on establishments offering transient occupancy such as hotels, motels, and inns.
"Signs, roof." A sign constructed upon or over a roof or placed so as to extend above the edge of the roof. "Signs, temporary." A sign intended to be displayed for a limited period of time and capable of being viewed from a public right-of-way, parking area or neighboring property. Temporary signs do not include portable signs. "Signs, tenant." A sign that identifies a tenant, occupant, or establishment whether residential or commercial on the site. A multi-tenant sign displays the names of each tenant, occupant, or establishment whether residential or commercial on the site.
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"Signs, wall (wall-mounted sign)." A sign which is attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall. "Signs, window." A sign posted, painted, placed, or affixed in or on a window exposed to public view. An interior sign which faces a window exposed to public view and is located within five feet of the window. "Single occupancy vehicle." A privately-operated motor vehicle whose only occupant is the driver, including for hire vehicles with one passenger.
"Single room occupancy." A facility providing dwelling units where each unit meets the requirements of California Health and Safety Code Section 17958.1 as an efficiency unit or guest room. The unit may have kitchen or bathroom facilities and shall be offered on a monthly basis or longer. "Single-unit dwelling, attached." A dwelling unit that is designed for occupancy by one household located on a single lot that does not contain any other unit (except an accessory dwelling unit, where permitted) and is attached through common vertical walls to one or more dwellings on an abutting lot; sometimes called a "townhouse" or "zero- lot property line" development.
"Single-unit dwelling, detached." A dwelling unit that is designed for occupancy by one household, located on a single lot that does not contain any other dwelling unit (except an accessory dwelling unit, where permitted), and not attached to another dwelling unit on an abutting lot. This classification includes individual manufactured housing units installed on a foundation system pursuant to Section 18551 of the California Health and Safety Code. "Single-unit residential." A building containing one dwelling unit located on a single lot. These include mobile homes and manufactured housing installed on a foundation system pursuant to Section 18551 of the California Health and Safety Code.
"Site." A continuous area of land used comprised of one or more lots intended for a use or group of uses. "Site, wireless facility." As defined by the FCC in 47 CFR Section 1.40001(b)(6), as may be amended, which provides that for towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower, any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
"Skilled nursing facility." A facility or a distinct part of a hospital that provides continuous skilled nursing care and supportive care to patients whose primary need is for the availability of skilled nursing care on an extended basis. It provides twenty-four-hour inpatient care and, as a minimum, includes physician, nursing, dietary, pharmaceutical services and an activity program. Intermediate care programs that provide skilled nursing and supportive care for patients on a less-than-continuous basis are classified as skilled nursing facilities. "Small lot development." A residential project with a detached single-unit structure or structures, or attached townhouse units with separate walls that abut or are separated by a smaller amount of space on lots that are smaller than conventional single-unit development.
"Small wireless facilities (small cell wireless facilities)." As defined by the FCC i n its "Declaratory Ruling and Third Report and Order" adopted September 26, 2018, encompasses facilities that meet the following conditions:
Are mounted on structures 50 feet or less in height including their antennas as defined in 47 CFR Section
1.1320(d); or Are mounted on structures no more than ten percent taller than other adjacent structures; or Do not extend above existing structures on which they are located to a height of more than fifty feet or by more than ten percent, whichever is greater; Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 CFR Section 1.1320(d)), is no more than three cubic feet in volume; All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than twenty -eight cubic feet in volume; The facilities do not require antenna structure registration under 47 CFR Part 17; The facilities are Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
not located on tribal lands, as defined under 36 CFR Section 800.16(x); and The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 CFR Section
1.1307(b).
"Smoke shop" or "tobacco retailer." Any establishment that devotes twenty percent or more of the display area to the sale or exchange of tobacco products and/or tobacco paraphernalia. (See Definition.) This does not include retail sales of cannabis for recreational or medical purposes, which are separately regulated. "Social services center." Facility providing a variety of supportive services for disabled and homeless individuals and other targeted groups on a less-than-twenty-four-hour basis. Examples of services provided are counseling, meal programs, personal storage lockers, showers, instructional programs, television rooms, and meeting spaces. This classification is distinguished from licensed day care centers (See adult day care and early education facility), clinics (see clinic), and emergency shelters providing twenty-four-hour or overnight care (see emergency shelter).
"Specified anatomical areas." Less than completely and opaquely covered, and/or simulated to be reasonably anatomically correct even if completely and opaquely covered: Human genitals, pubic region; buttock; or female breast below a point immediately above the top of the areola; or human or simulated male genitals in a discernible turgid state even if completely and opaquely covered.
"Specified sexual activities." Human genitals in a state of sexual stimulation or arousal; and/or acts of human masturbation, sexual stimulation or arousal; and/or use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; and/or masochism, erotic or sexually oriented torture, beating, or the infliction of pain; and/or human excretion, urination, menstruation, vaginal or anal irrigation; and/or fondling or erotic touching of human genitals, pubic region, buttock, or female breast. "Stable." A building for the lodging and care of horses, ponies, and similar animals. "Stable, commercial." A stable for horses to be let, hired, kept, bred, trained, or used for compensation. "Stable, private." A stable owned and operated by the owner or an occupant of the property for his or her own use.
"Stoop." A staircase, typically smaller than a deck, porch or patio that provides access to a building entry. "Storage, outdoor." Storage of vehicles or commercial goods or materials that are not conta ined within a building. Typical uses include monument or stone yards, grain elevators or open storage yards. "Story." That portion of a building between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.
"Street." A public or private thoroughfare providing a primary means of access to property. "Street frontage." The length of the property line of any one premises parallel to and along the public right - of-way that it borders, and which is identified by an officially assigned street address. "Street side lot property line." Any side lot property line that abuts a public street. "Street side yard." A yard extending along the street side of a corner lot from the front lot property line to the rear lot property line, and to a depth specified for the zoning district in which it is located and measured inward from the street side lot property line.
"Street tree." Any tree of any species or size planted in parkways, sidewalk areas, easements, and rights -of- way granted to the city.
"Street wall." All contiguous walls of a building whose overall limits comprise the building facade.
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"Structural alterations." Any physical change to or the removal of the supporting members of a structure or building, such as bearing walls, columns, beams, or girders, including the creation, enlargement, or removal of doors or windows and changes to a roofline or roof shape. See "Alterations, major and minor". "Structure height." The vertical distance between a point or all points on top of a structure or any of its appurtenances and the ground below.
"Structure, accessory." A detached subordinate structure used only as incidental to the main structure on the same lot. "Accessory structure" shall not mean an Accessory Dwelling Unit (ADU), as defined in this Zoning Code. "Structure, detached." A structure, no part of which is attached by any means to any o ther structure. "Structure, existing." A structure erected prior to the effective date of the Zoning Code, or one for which a valid legal building permit has been issued prior to this effective date of the Zoning Code. "Structure, non-conforming." See "Non-conforming Structure". "Structure, primary (structure, main)." A structure housing the principal use of a site or functioning as the principal use.
"Structure, temporary." A structure without any foundation or footin gs, and which is intended to be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
"Structure." A physical structure that is manufactured, built or constructed, an edifice or building of any kind, or any place of work artificially built up or composed of parts joined together in some definite manner. "Subdivider." Any person who 1) having an interest in land causes it, directly or indirectly, to be divided into a subdivision, or 2) directly or indirectly, sells, leases, or develops, or offers to sell, lease, or develop, or advertises for sale, lease, or development, any interest, lot, parcel site, unit, or plat in a subdivision, or 3) engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision or any interest, lot, parcel site, unity, or plat in a subdivision; and who is directly or indirectly controlled by, or under direct, or indirect common control with any of the foregoing. "Substantial change, wireless facility." As defined by the FCC in 47 CFR Section 1.40001(b)(7), as may be amended, which defines that term differently based on the particular wireless facility type (tower or base station) and location (in or outside the public right-of-way). This definition organizes the FCC's criteria and thresholds for a substantial change according to the wireless facility type and location. The collocation or modification involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four; or The proposed collocation or modification increases the overall height more than ten percent or the height of one additional antenna array not to exceed twenty feet (whichever is greater); or For towers in the public rights- of-way and for all base stations, a substantial change occurs when: The proposed collocation or modification increases the overall height more than ten percent or ten feet (whichever is greater); or The proposed collocation or modification increases the width more than twenty feet from the edge of the wireless tower or the width of the wireless tower at the level of the appurtenance (whichever is greater); or The proposed collocation or modification increases the width more than six feet from the edge of the wireless tower or base station; or The proposed collocation or modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless tower, including any access or utility easements currently related to the site. The proposed collocation or modification involves excavation outside the area in proximity to the structure or other transmission equipment already deployed on the ground. The proposed colloca tion or modification involves the installation of any new equipment cabinets on the ground when there are no existing ground -mounted equipment cabinets; or The proposed collocation or modification involves the installation of any new ground -mounted equipment cabinets that are ten percent larger in height or volume than any existing ground -mounted equipment cabinets; or The proposed collocation or modification violates a prior condition of approval, provided however that Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
the collocation need not comply with any prior condition of approval related to height, width, equipment cabinets, or excavation that is inconsistent with the thresholds for a substantial change described in this subsection. "Supportive housing." Housing with no limit on length of stay that is occupied by the target population and is linked to an on-site or off-site service that assists supportive housing residents in retaining housing, improving their health status, and maximizing their ability to live independently. "Swap meet." The display, exchange, barter or sale of new or used common household items or office equipment and furnishings, clothing, personal effects, household furnishings and household appliances at an approved location. These include both indoor and outdoor swap meets, con ducted on either a permanent or recurring basis. Also known as a flea market.
"Target population." Persons with low incomes who have one or more disabilities including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or ind ividuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster ca re system, individuals exiting from institutional settings, veterans, and homeless people. "Tasting room, accessory." A space for on-site tasting of alcoholic beverages and retail sales that is licensed by the California Department of Alcoholic Beverage Control and operated within a winery, micro -brewery/micro- distillery, grocery store, large format liquor store or wine shop but not within a liquor store or a convenience store or mini-market associated with fuel sales.
"Tasting room/wine bar, stand-alone." An establishment or place within a winery or brewery or other premises or a separate establishment licensed by the state department of alcoholic beverage control where wine, beer, and other alcoholic beverages produced, grown, or processed on the same site or off -site are offered for sale or without charge to members of the public. Food may also be served. Tasting rooms may be established and operated by a single winery or brewery or collectively by a group of producers. "Telecommuting." Any employee(s) working at home, off-site, or at a telecommuting center for a full workday, eliminating the trip to work or reducing travel distance by more than fifty percent. "Temporary real estate sales office." A temporary real estate sales office within the area of an approved development project, solely for the first sale of units, approved as part of the overall project. "Temporary use." A use of a building or property that is limited in duration and does not permanently alter the character or physical facilities of the premises or property. "Through lot." A lot having frontage on two parallel or approximately parallel streets. "Tobacco related products." Any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.
Any implement or object that is or may be used in conjunction with the consumption, in halation or ingestion of either tobacco or other like dried plant material or other substance which may be consumed in the same manner, including instruments or paraphernalia for the smoking or ingestion of tobacco or other like plant, herbal or fruit products.
"Tower." As defined by the FCC in 47 CFR Section 1.40001(b)(9), as may be amended, which defines that term as any structure built for the sole or primary purpose of supporting any FCC -licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services Docusign Envelope ID: 08951E81-51EB-4333-B88E-354901913F84
and fixed wireless services such as microwave backhaul, and the associated site. Examples include, but are not limited to, monopoles (i.e., a bare, unconcealed pole solely intended to support wireless transmission equipment), mono-trees, and lattice towers.
"Townhouse." An attached, privately owned single-unit dwelling that is adjacent to another similarly owned single-unit dwelling unit/s with which it shares a common party wall having no doors, windows, or other provisions for human passage or visibility. Also called a row house. "Trail systems." This includes district/citywide pathways using public easements, rights-of-way, and natural features such as watercourses and ridgelines, providing a non-vehicular circulation system throughout the city and district to connect major facilities and points of activity and interest. Such a trail system increases the effectiveness of recreational opportunities by providing the linkage between separate facilities to create a continuous recreational network. Such a system itself also provides recreation opportunities, such as walking, jogging, bicycling, nature study, photography, and the like.
"Transit." A shared passenger transportation service, which is available for use by the general public, as distinct from modes such as taxicabs, carpools, or vanpools which are not sha red by strangers without a private arrangement. Transit includes buses, ferries, trams, trains, rail, or other conveyance which provides to the general public a service on a regular and continuing basis. Also known as public transportation, public transit or mass transit.
"Transitional housing." Dwelling units with a limited length of stay that are operated under a program requiring recirculation to another program recipient at some future point in time. It may be designated for homeless individuals or families transitioning to permanent housing as defined in subdivision (h) of Section 50675.2 of the California Health and Safety Code. Facilities may be linked to onsite or offsite supportive services designed to help residents gain skills needed to live independently. This classification includes domestic violence shelters.
"Transmission equipment." As defined by the FCC in 47 CFR Section 1.40001(b)(8), as may be amended, which defines that term as equipment that facilitates transmission for any FCC -licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety serv ices, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. "Transportation allowance." A financial incentive offered to employees instead of a parking subsidy to provide employees flexibility in mode choice. Employees are typically required to execute an agreement that they do not commute in a single-occupant vehicle in order to be eligible to receive the benefit "Transportation alternatives." Walking, bicycling, taking transit, carpooling, vanpooling, and teleco mmuting. "Transportation demand management (TDM)." A system designed and implemented to reduce traffic congestion, demand for parking and associated air pollution noise, fuel consumption. "Transportation management organization (TMO)." Transportation man agement organizations (TMOs) are city-certified organizations that provide transportation services in a particular area or citywide. They are generally public-private partnerships, consisting primarily of area businesses with local government support. TMOs provide an institutional framework for TDM programs and services. "Undevelopable land." All portions of the site that, if developed, would subject persons or property to a high level of risk for personal injury or property damage due to its proximity to a known hazard, including, but not limited to, any portion of the site within fifty feet of a cliff, or fault line, biologically sensitive areas, sites with overall slopes greater than thirty percent, sites within an unrepaired slide area or in a ravine. A reas of undevelopable land are included from calculations of net site area, allowable floor area, allowable residential units, minimum lot size, and density.
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