Vacaville City Zoning Code

The Planning Commission shall make the interpretation for areas where the Commission has the jurisdiction to approve or recommend approval of the action in question, in accordance with Section 14.01.030.030, or the Planning Commission may refer the matter to the City Council for final determination;

The City Council shall make the interpretation for areas where the Council has jurisdiction to approve the action in question, in accordance with Section 14.01.030.020; and

If an interpretation is required pertaining to a matter not specifically listed within Section 14.01.030.020, 14.01.030.030, or 14.01.030.040, the interpretation shall be made by the City Council;

The Building Official shall make the interpretation for matters pertaining to the California Building Standards;

The Fire Chief shall make the interpretation for matters pertaining to the California Fire Code.

If there is a conflict between two standards, the more restrictive standard shall apply.

The words "shall," "must," "will," "is to," and "are to" are always mandatory.

"Should" is not mandatory but is strongly recommended; and "may" is permissive.

The words "includes" and "including" shall mean "including but not limited to..."

Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

References to departments, divisions, sections, commissions, boards, or other offices are to those of the City unless otherwise indicated.

References to a public official in the City are to that position that performs the function referred to and includes a designee of such official.

All references to measurements are in feet unless otherwise indicated.

General Rounding. Fractions of one-half or greater shall be rounded up to the nearest whole number and fractions of less than one-half shall be rounded down to the nearest whole number, except as otherwise provided.

Rounding for Density. When calculating density, fractions of nine-tenths or greater shall be rounded up to the nearest whole number and fractions less than nine-tenths shall be rounded down to the nearest whole number.

Exception for State Affordable Housing Density Bonus. The calculation of fractions related to permitted bonus density units for projects eligible for bonus density pursuant to Government Code Section 65915 or any successor statute, and Chapter 14.09.210 of this code, any fractional number of units shall be rounded up to the next whole number.

Developable Area. Developable area includes the following:

Measurements Are Shortest Distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the closest or shortest distance between the two objects.

Distances Are Measured Horizontally. When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area, or other object. These distances are not measured by following the topography or slope of the land.

Measurements Involving a Structure. Measurements involving a structure are made to the closest support element of the structure. Structures or portions of structures that are entirely underground are not included in measuring required distances.

Measurement of Vehicle Stacking or Travel Areas. Measurement of a minimum travel distance for vehicles, such as garage entrance setbacks and stacking lane distances, are measured down the center of the vehicle travel area. For example, curving driveways and travel lanes are measured along the center arc of the driveway or traffic lane.

Measuring Radius. When a specified land use is required to be located a minimum distance from another land use, the minimum distance is measured in a straight line from all points along the lot line of the subject project, in all directions.

Measuring Building Height. Building height is measured from the grade plane to the average elevation between the eaves and the ridge for a hip, gable, or gambrel roof or the highest point on the roof for other roof forms.

Measuring Other Structures. The height of other structures is measured as the vertical distance from the existing grade immediately under the structure to highest point of the structure, except as provided below:

Measuring the Number of Stories. In measuring the number of stories in a building, the following rules shall apply:

Lot Width. Lot width is the diameter of the largest circle that may be inscribed within the lot lines of the lot.

Lot Depth. Lot depth is measured along a straight line down from the midpoint of the front property line of the lot to the midpoint of the rear property line or to the most distant point on any other lot line where there is no rear lot line.

Included in Floor Area. Floor area includes, but is not limited to, all living space (bedrooms, bathrooms, kitchens, hallways, common space, etc.) that is below the roof and within the outer surface of the main walls of principal or accessory buildings or the centerlines of party walls separating such buildings or portions thereof or within lines drawn parallel to and two feet within the roof line of any building without walls. In the case of a multi-story building that has covered or enclosed stairways, stairwells, or elevator shafts, the horizontal area of such features shall be counted only once at the floor level of their greatest area of horizontal extent.

Excluded From Floor Area. Floor area does not include mechanical, electrical, and communication equipment rooms that do not exceed two percent of the building's gross floor area; bay windows or other architectural projections where the vertical distance between the lowest surface of the projection and the finished floor is 30 inches or greater; areas that qualify as usable open space; and in nonresidential buildings, areas used for off-street parking spaces or loading spaces, driveways, ramps between floors of a multi-level parking garage, and maneuvering aisles that are located below the finished grade of the property.

Nonresidential Uses. For nonresidential uses, gross floor area includes pedestrian access interior walkways or corridors, interior courtyards, walkways, paseos, or corridors covered by a roof or skylight. Nonresidential gross floor area does not include arcades, porticoes, and similar open areas that are located at or near street level and are accessible to the general public but are not designed or used as sales, display, storage, service, or production areas.

Unenclosed and unroofed decks, uncovered patio slab, porches, landings, balconies, and stairways less than four feet in height;

Eaves and roof overhangs projecting up to three feet from a wall;

Trellises and similar structures that have roofs that are at least 50 percent open to the sky through uniformly distributed openings;

Swimming pools and hot tubs that are not enclosed in roofed structures or decks; and

One small, nonhabitable accessory structure under 120 square feet. Structures above quantity of one shall be included in lot coverage.

Corner Lot. The front of a lot is the narrowest dimension of the lot with street frontage.

Through Lot. The front of a through lot abuts the street that neighboring lots use to provide primary access.

Abutting Planned Street Expansions. If a property abuts an existing or proposed street for which the existing right-of-way is narrower than the right-of-way ultimately required for the street, the required setback shall be established from the future right-of-way rather than the property line.

Alleys.

Location Restrictions. Except where specifically authorized in this chapter, obstructions over 36 inches in height, including fences, walls, hedges, signs, berms, landscaping and/or trees, shall meet the requirements contained in the City of Vacaville Standard Specifications and Standard Drawings.

Residential Housing Types.

Family Day Care. A day care facility licensed by the state of California, located in a residential unit where the resident of the dwelling provides care and supervision for children under the age of 18 for periods of less than 24 hours a day.

Group Residential. Shared living quarters 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 rooming and boarding houses, dormitories, other types of organizational housing, private residential clubs, and extended stay hotels intended for long-term occupancy (30 calendar days or more) but excludes lodging, which is a commercial use, and residential care facilities.

Manufactured Home Park. A development occupied by manufactured housing units, including facilities and amenities used in common by residents who rent, lease, or own spaces for manufactured housing units through a subdivision, cooperative, condominium, or other form of resident ownership.

Residential Facility, Assisted Living. A facility that provides a combination of housing and supportive services for the elderly or functionally impaired, including personalized assistance, congregate dining, recreational, and social activities. These facilities may include medical services. Examples include residential care facilities licensed by the state of California to provide care for more than six persons, assisted living facilities, retirement homes, and retirement communities. These facilities typically consist of individual units or apartments, sometimes containing kitchen facilities and common amenities. The residents in these facilities require varying levels of assistance.

Small Residential Care Facilities. A facility licensed by the state of California to provide living accommodations, 24-hour care for six or fewer persons requiring personal services, supervision, protection, or assistance with daily tasks. Facilities may include shared living quarters, with or without a private bathroom or kitchen facilities. This classification includes both for- and not-for-profit institutions but excludes supportive housing and transitional housing.

Supportive Housing. Dwelling units with no limit on length of stay that are occupied by the target population as defined in Section 50675.14 of the California Health and Safety Code, and that are linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, where possible, work in the community.

Transitional Housing. Housing that has a predetermined end point in time for resident occupancy and is operated under a program that requires the termination of assistance, in order to provide the service to another eligible program recipient. The program length is usually no less than six months.

Large Residential Care Facilities. A facility licensed by the state of California to provide living accommodations, 24-hour care for seven or more persons requiring personal services, supervision, protection, or assistance with daily tasks. Facilities may include shared living quarters, with or without a private bathroom or kitchen facilities. This classification includes both for- and not-for-profit institutions but excludes supportive housing and transitional housing.

Campgrounds and Recreational Vehicle Parks. An open-air facility, where recreational vehicle or camping spaces are rented, or held out for rent, for overnight stay in tents, trailers, or recreational vehicles for 30 consecutive calendar days or less.

Cemeteries and Columbarium. Establishments primarily engaged in operating sites or structures reserved for the interment of human or animal remains, including mausoleums, burial places, and memorial gardens.

Colleges and Trade Schools. Institutions of higher education primarily for adults providing curricula of a general, religious, or professional nature, granting degrees or professional certifications and including junior colleges, business and computer schools, management training, and technical and trade schools. This classification excludes instructional services such as music lessons.

Commercial Parking Lots and Structures. Surface lots and structures offering parking for a fee when such use is not incidental to another on-site activity.

Community Assembly. A facility for public or private meetings and gatherings, including community centers, union halls, meeting halls, and membership organizations. This classification includes the use of functionally related facilities for the use of members and attendees, such as kitchens, multi-purpose rooms, classrooms, and storage.

Cultural Institutions. A public or private institution and/or associated facility engaged in activities to promote aesthetic and educational interest among the community that are open to the public on a regular basis. This classification includes performing arts centers, event and conference spaces, spaces for display or preservation of objects of interest in the arts or sciences, libraries, museums, historical sites, aquariums, art galleries, zoos, and botanical gardens. This classification excludes schools or institutions of higher education providing curricula of a general nature (see "Colleges and Trade Schools").

Day Care Centers. Establishments providing nonmedical care for persons on a less than 24-hour basis other than family day care. This classification includes nursery schools, preschools, and day care facilities for children or adults, and any other day care facility licensed by the state of California.

Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less, as defined in Section 50801 of the California Health and Safety Code. Medical assistance, counseling, and meals may be provided.

Government Offices. Administrative, clerical, or public contact offices of a government agency, including postal facilities and courts, along with the storage and maintenance of vehicles. This classification excludes corporation yards, equipment service centers, and similar facilities that require maintenance and repair services and storage facilities for related vehicles and equipment.

Hospitals and Clinics. State-licensed facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons. 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 classification excludes veterinaries and animal hospitals (see Section 14.02.060.030.B, Animal Care and Boarding).

Incarceration Facilities. Facilities, whether publicly or privately owned and/or operated, that provide housing, care, and supervision for persons confined by law and/or serving a sentence from any federal, state, or county court.

Instructional Services. Establishments that offer specialized programs in personal growth and development such as music, martial arts, vocal, fitness, dancing, reading, and math instruction. Attendance is typically limited to hourly classes rather than full-day instruction. The establishments do not grant diplomas or degrees, though instruction could provide credits for diplomas or degrees granted by other institutions. This classification also includes tutoring facilities which offer academic instruction to individuals or groups.

Low-Barrier Navigation Center. A housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

Park and Recreation Facilities. Parks, playgrounds, recreation facilities, trails, wildlife preserves, and related open spaces, all of which are noncommercial. This classification includes playing fields, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, golf courses, and botanical gardens, as well as related food concessions or community centers within the facilities.

Public Safety Facilities. Facilities providing public safety and emergency services, including police and fire protection and emergency medical services, with incidental storage, training, and maintenance facilities.

Schools. Facilities for primary or secondary education, including public schools, charter schools, and private and parochial schools having curricula comparable to that required in the public schools of the state of California.

Social Service Facilities. Facilities providing a variety of supportive services for disabled and homeless individuals and other targeted groups on a less than 24-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 subsection G of this section, Day Care Centers), clinics, and emergency shelters providing 24-hour care (see subsection H of this section, Emergency Shelters).

Adult-Oriented Business. A business establishment or concern that as a regular and substantial course of conduct offers, sells, or distributes adult-oriented material or sexually oriented merchandise, or which offers to its patrons materials, products, merchandise, services, or entertainment characterized by an emphasis on matters depicting, describing or relating to specific sexual activities or specified anatomical areas but not including those uses or activities which are preempted by state law. This classification includes business establishments or concerns that operate as an adult retail store, adult motion picture theater, adult arcade, adult cabaret, adult motel or hotel, or adult modeling studio.

Animal Care and Boarding. Services related to the care and boarding of household pets.

Automobile/Vehicle Sales and Services. Retail or wholesale businesses that sell, rent, and/or repair automobiles, boats, recreational vehicles, trucks, vans, trailers, and/or motorcycles.

Banks and Financial Services. Financial institutions providing retail banking services. This classification includes only those institutions serving walk-in customers or clients, including banks, savings and loan institutions, check-cashing services, and credit unions.

Business Services. Establishments providing goods and services to other businesses on a fee or contract basis, including printing and copying, blueprint services, advertising and mailing, office equipment rental and leasing, office security, custodial services, photofinishing, model building, and taxi services or delivery services with two or fewer fleet vehicles on site.

Cannabis.

Commercial Entertainment and Recreation. Provision of participant or spectator entertainment to the public. These classifications may include incidental restaurants, snack bars, and other related food and beverage services to patrons.

Eating and Drinking Establishments. Businesses primarily engaged in serving prepared food and/or beverages for consumption on or off the premises.

Farmer's Markets. Temporary but recurring outdoor retail sales of food, plants, flowers, and products such as jellies, breads, and meats that are predominantly grown or produced by vendors who sell them.

Food Preparation. Establishments preparing and/or packaging food primarily for off-site consumption, including catering kitchens, retail bakeries, and small-scale specialty food production. This classification excludes establishments with an industrial character in terms of processes employed, waste produced, water used, and traffic generation.

Funeral Parlors and Interment Services. An establishment primarily engaged in the provision of services, involving the care, preparation, or disposition of human remains and conducting memorial services. This subclassification includes funeral parlors, crematories, and mortuaries, but excludes cemeteries and burial parks (see also Section 14.02.060.020.B, Cemeteries and Columbarium).

Hookah Lounge. Any business which primarily serves tobacco or nontobacco products (e.g., fruit, vegetables) whereby patrons, who are 18 years of age or older, share the tobacco or nontobacco products from a hookah, water pipe, or similar device.

Lodging. An establishment providing overnight lodging to transient patrons for payment periods of 30 consecutive calendar days or less. These establishments may provide additional services and amenities, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the public.

Offices. Offices of firms, organizations, or public agencies 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, real estate and mortgage brokers, banks and savings and loan associations with retail banking services (see subsection B of this section, 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 buildings, but excludes clinics, independent research laboratory facilities (see Section 14.02.060.040.H, Research and Development), and hospitals.

Personal Services. An establishment providing nonmedical services to individuals as a primary use, of personal convenience, as opposed to products that are sold to individual consumers, or from/by companies. This classification includes animal grooming services, barber and beauty shops, clothes, shoes, and luggage repair, photographers, tattoo parlors, massage establishments, small-scale laundry services, cleaning services and pick-up stations, and similar services.

Repair and Maintenance Services. Establishments engaged in the maintenance or repair of consumer products, including office machines, household appliances, electronics, furniture, and similar items. This classification excludes repair and maintenance of motor vehicles (see subsection C of this section, Automobile/Vehicle Sales and Services) and personal apparel (see subsection O of this section, Personal Services).

Retail Sales.

Cannabis. See Section 14.02.060.030.F.

Construction and Material Yards. Storage of construction materials or equipment on a site other than a construction site.

Contractor Shops. Establishments for specialized business activities related to building construction. This classification includes establishments for trades such as painting, carpentry, plumbing, heating, air-conditioning, roofing, landscaping, cabinetmaking, and sign-making.

Custom and Artisan Manufacturing. Any establishment primarily engaged in on-site production or fabrication of goods by small-scale manufacturing or artistic endeavor, which involves the use of hand tools or small mechanical equipment, and which may include incidental instruction or direct sales for consumers. Typical uses include ceramic studios, fabric and needle-working, leather working, metalworking, glass-working, candle-making shops, woodworking, and custom jewelry manufacturers.

Food and Beverage Manufacturing. Establishments engaged in the production, processing, packaging, or manufacturing of food or beverage products and where any instruction, direct sales, or on-site consumption are incidental to the food or beverage production activity. This classification excludes the slaughtering of animals or fowl which is not allowed.

General Industrial. Establishments engaged in manufacturing of nonedible products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials. Production typically involves some transformation by way of heating, chilling, combining, or through a chemical or biochemical reaction or alteration. Toxic, hazardous, or explosive materials may be produced or used in large quantities as part of the manufacturing process. These industrial activities may produce impacts on nearby properties, such as noise, gas, odor, dust, or vibration. This classification includes manufacturing for biomass energy conversion, commercial cosmetics and perfumes, electrical appliances and explosives, film and photographic processing plants, apparel and textile mills, leather and allied products manufacturing, wood and paper, glass and glass products, chemical products, medical/pharmaceutical products, plastics and rubber, nonmetallic minerals, primary and fabricated metal products, and automotive and heavy equipment.

Light Industrial. Establishments engaged in manufacturing of nonedible products and finished parts primarily from previously prepared materials by means of physical assembly or reshaping. These industrial activities produce limited impacts on nearby properties, such as noise, gas, odor, or vibration. This classification includes uses where retail sales are clearly incidental to an industrial or manufacturing use, commercial laundries and dry-cleaning plants, monument works, printing and engraving, publishing, computer and electronic product manufacturing, furniture and related product manufacturing, and industrial services.

Research and Development. A facility for the scientific research and the design, development, and testing of electrical, electronic, magnetic, optical, pharmaceutical, chemical, and biotechnology components and products 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, in addition to involving the production of experimental products.

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 building materials, used containers or steel drums, used tires, and similar or related articles or property.

Storage, Warehousing, and Wholesaling. Storage, warehousing, and wholesaling facilities that store and/or engage in wholesale sales of merchandise to retail establishments; industrial, commercial, institutional, agricultural, or professional businesses; or facilities acting as agents or brokers in buying or selling merchandise/commodities to such businesses. Wholesalers are primarily engaged in business-to-business sales but may sell to individual consumers through mail or internet orders. These establishments have little or no display of merchandise and are not designed to solicit walk-in traffic except for public storage in small individual spaces exclusively and directly accessible to a specific tenant.

Airports and Heliports. Facilities for the takeoff and landing of airplanes and helicopters, including runways, helipads, aircraft storage buildings, public terminal building and parking, air freight terminal, baggage handling facility, aircraft hangar, and public transportation and related facilities, including bus operations, servicing and storage. Also includes support activities such as fueling and maintenance, storage, airport operations and air traffic control, incidental retail sales, coffee shops, 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.

Communication Facilities. Facilities for the provision of broadcasting and other information-relay services using electronic and telephonic mechanisms.

Freight/Trucking Facilities. Property and improvements used for freight, courier, and postal services; freight transfer truck terminals; transfer, loading, and unloading points for trucks and automobiles carrying goods and products; or for the operations of a "common carrier trucking company," including the parking, or servicing, or repairing, or storage of trucks, truck tractors, and/or truck trailers.

Light Fleet-Based Services. 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 10,000 pounds. This classification includes parking, dispatching, and offices for taxicab and limousine operations, ambulance services, nonemergency medical transport, local messenger and document delivery services, home cleaning services, and similar businesses.

Public Works and Utilities. Generating plants, electric substations, recycling collection and processing facilities, solid waste collection, including transfer stations and materials recovery facilities, solid waste treatment and disposal, water or wastewater treatment plants, and similar facilities of public agencies or public utilities. This classification also includes facilities such as water reservoirs, wastewater collection or pumping facilities, water wells, storm water detention basins, and similar utility uses.

Recycling Facility. A facility for receiving, temporarily storing, transferring, and/or processing materials for recycling, reuse, or final disposal. This use classification does not include waste transfer facilities that operate as materials recovery, recycling, and solid waste transfer operations and are classified as utilities.

Transit Stations and Terminals. Facilities for passenger transportation operations, including rail stations, bus terminals, taxi, and scenic and sightseeing facilities. This classification excludes terminals serving airports or heliports (see subsection A of this section, Airports and Heliports).

Agriculture.

Urban Agriculture.