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 and 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.

By-Right Multifamily Residential on Certain 6th Cycle Housing Element Inventory Sites. To implement Housing Element Programs A 1.1.6 and A 1.1.7, on Housing Inventory Sites #41 (APN 0052110140), #42 (APN 0051250230), and #55 (APN 0069032240), multifamily residential uses shall be permitted by right (without discretionary action) for housing developments with at least 20 percent of units as affordable to lower-income households. These projects shall be exempt from CEQA and processed by right under Government Code Section 65583.2(i), requiring only design review based on objective standards.

C.

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 Standards.

(Ord. No. 1875 N.C. (2d), § 7(Exh. C), 12-10-2024; Ord. No. 1877 N.C.(2d), § 2, 1-7-2025; Ord. No. 1879 N.C.(2d), § 3(Exh. A), 3-11-2025)

This chapter provides general guidance and specific standards for various accessory uses. For the purposes of this chapter, the following are not considered accessory uses:

A.

Additional Dwelling Units. Any use which increases the number of dwelling units in any building or on any lot beyond that permitted in the district, except for accessory dwelling units as described in Chapter 16.303, Accessory Dwelling Units;

B.

Alcoholic Beverage Sales. The sale of alcoholic beverages, whether on or off-site, shall not be considered an accessory use to any use, except department stores and florists, regardless of traditional associations or limited proportion of sales. Alcoholic beverage sales shall always be considered a principal use;

C.

Firearms Repairs and/or Sales. Firearms repairs and sales are separate principal uses and shall not be considered accessory uses to any use; or

D.

Storage of Inoperative, Dismantled or Wrecked Vehicles in Residential Districts. The storage of more than two inoperative, dismantled or wrecked vehicles shall not be considered an accessory residential land use and shall be prohibited in all residential districts.

This chapter establishes standards for food and beverage service that is clearly incidental and secondary to the primary use of a site.

A.

Applicability. Food service operations that comply with the standards of this chapter are considered accessory to a primary permitted use that is not a restaurant and are permitted wherever such primary use is permitted. Food service that is more extensive or intensive than described in this chapter shall be separately classified as "Eating and Drinking Establishments" classification, as defined by Chapter 16.701, General Definitions.

B.

Primary Uses/Allowed Locations. An accessory food service may serve and be located within a primary permitted non-residential use.

C.

Maximum Area. The area utilized for on-site consumption of food and beverages, including seating, counter space, or other eating arrangement, shall not occupy more than two hundred fifty square feet of floor area. In addition, the consumption area may not exceed thirty-three percent of the floor area of the primary on-site use.

D.

Maximum Number of Seats. The number of seats for patrons shall not exceed twenty.

E.

Enclosure. The seating area shall be defined by fixed barriers such as full or partial walls, fencing, or planters.

F.

Service. Orders for food or beverages may not be taken from the table but rather shall be ordered at a counter.

G.

Entrances. To ensure that an accessory food service remains accessory to the primary permitted use of the property, the food service shall not have a separate building entrance from the primary use.

H.

Parking. The parking requirement for an accessory food service shall be based on the parking requirement for the primary permitted use of the property.

This subsection provides standards for a restaurant to provide commercial vehicle commissary facilities for one mobile food truck where the commissary use is incidental and secondary to the primary use of a restaurant on the site.

A.

Zoning Compliance Review Required. Pursuant to Chapter 16.603, Zoning Compliance Review.

B.

Operable Restaurant. The site must include a restaurant that is operable and has a current city of Vallejo Business License.

C.

Parking and Traffic Flow. The mobile food truck shall not occupy a required parking space for the restaurant and shall not obstruct vehicular or pedestrian circulation on the site.

The provisions outlined in this chapter are intended to:

A.

Implement California Government Code Sections 65852.2 and 65852.22 for the development of accessory dwelling units to increase the supply of smaller and more affordable residential units;

B.

Expedite small-scale infill development; and

C.

Implement the goals of the General Plan 2040 Housing Element to facilitate production of housing to accommodate Vallejo's fair share of the regional housing demand and increase the overall supply and range of housing options in Vallejo.

Any application for an Accessory Dwelling Unit (ADU) or Junior Accessory Unit (JADU) that meets the location and development standards as provided in Section 16.303.02, Required Standards shall be processed ministerially; requiring a zoning compliance review, pursuant to Chapter 16.603, Zoning Compliance Review, and shall not require a Discretionary Zoning Permit, per California Government Code Section 65852.2.

A.

Zoning. The lot is zoned for residential use and contains no more than one single-unit residential dwelling or primary unit, or one multiple unit structure which can also be constructed on the lot in conjunction with the construction of the ADU.

B.

Location on a lot. The ADU can either be attached to the primary residential dwelling unit, located within the living area of the primary unit or an accessory structure, or detached from the primary unit if located on the same lot as the primary unit. An accessory structure includes a studio, pool house, or other similar structure.

C.

Subdividing. No lot with an ADU shall be subdivided so that an ADU is on a separate lot from the primary unit with which it is associated.

D.

Number per lot. More than one ADU may be located on any lot under the following circumstances and subject to compliance with all of the applicable requirements of this Chapter:

1.

One JADU is within the primary unit structure and one ADU is located either within the existing primary unit, in an addition to the existing unit or in a detached structure;

1.

One ADU or more is created through conversion of existing non-habitable space within a multiple-unit building as long as the total number of accessory units does not exceed twenty-five percent of the total number of units within the building; or

2.

Up to two ADUs are created in a detached structure on the same lot as an existing multiple unit building.

3.

ADUs shall not be counted towards the maximum density allowed in a zoning district.

E.

Unit Size. The floor area of an ADU within the living area or structure of the primary unit or attached to the primary residential dwelling unit shall not exceed fifty percent of the total floor area of the primary residential unit or one thousand two hundred square feet. The floor area of a detached ADU shall not exceed one thousand two hundred square feet. See Section 16.303.03, Junior Accessory Development Units, for size of JADU. A garage converted to an ADU is considered an attached ADU or JADU.

F.

Height. A new detached ADU may not exceed sixteen feet in height or two stories, whichever is less. The height of an ADU above a detached garage cannot exceed the maximum height of the applicable zoning district. An ADU located entirely within an existing structure shall not be subject to these height regulations.

G.

Setbacks. A new detached ADU constructed above a garage shall be a minimum of four feet from the side and rear property line. A new detached ADU shall be a minimum of four feet from the side property line and the primary residential unit. No setback is required for:

1.

An existing garage that is converted to an ADU or JADU, or a portion of an ADU;

2.

A conversion of an existing accessory structure to an ADU; or

3.

Placement of an ADU within an existing residence, if side and rear yard access is determined to be sufficient for fire safety by the fire division.

H.

Lot Coverage. The construction of an ADU shall not be included in the calculation for maximum lot coverage allowed on a parcel by this Zoning Code.

I.

Connectivity and Access. No passageway shall be required between an ADU and the primary unit. An ADU that is created from conversion of floor within an existing dwelling unit or in an addition may have independent exterior access from the existing unit.

J.

Design Compatibility. The design of any ADU requiring new construction or changes to the exterior of an existing structure shall be compatible with the existing primary unit as described in this chapter. Design compatibility is defined as matching or being generally similar to the primary unit with respect to:

1.

Shape, style, size and placement of exterior doors and windows;

2.

Building siding or cladding materials and colors; and

3.

Style of roof, roofing materials, and roof pitch.

K.

Historic District. An ADU constructed in an historic district shall comply with all applicable objective historic standards. Any ADU that may have a potentially significant impact on any real property that is listed in the California Register of Historic Places is subject to environmental review as required by the Section 15064.5 of the CEQA Guidelines (California Code of Regulations, Determining the Significance of Impacts to Archeological and Historical Resources).

L.

Off-street Parking and Vehicular Access. The ADU shall be provided with one additional off-street parking space than required for a single-unit dwelling. The additional space may be covered, uncovered, or tandem. No replacement parking is required when a garage, carport, or covered parking structure is demolished or converted to allow for construction of an ADU. The requirement for an additional parking space is waived under any of the following conditions:

1.

The ADU is fully contained within the proposed or existing primary unit or in an existing accessory structure;

2.

The ADU is located within one-half mile walking distance of a public transit stop or terminal;

3.

The ADU is located on a street that requires on-street parking permits and where a parking permit is not offered or otherwise available to the occupant of the ADU;

4.

The ADU is located on a property where access is from a street with an unobstructed width of less than twenty feet, except for approved security gates, as the California Fire Code requires for fire apparatus access;

5.

The ADU is located on property within a designated historic district;

6.

The ADU is located within one block of a car share program area.

M.

Units for the Disabled. To encourage the development of housing units for disabled individuals and persons with limited mobility, the director may determine that reasonable deviation from the above requirements is necessary to install features that facilitate access and mobility for disabled persons. Such deviations may include the construction of ramps within the minimum side and rear yards, the design of doors and windows which are not completely architecturally consistent, and others as deemed appropriate.

A JADU, also known as an efficiency unit, may be created within the walls of a proposed or existing primary residential dwelling unit or primary unit subject to the following regulations:

A.

There may be no more than one JADU per parcel;

B.

The JADU shall have an area of at least one hundred fifty feet and may not exceed five hundred square feet;

C.

The JADU shall be located entirely within the existing or proposed primary unit and have its own separate entrance except the existing building envelope may be expanded by up to one hundred fifty square feet to provide ingress and egress to the JADU;

D.

The unit shall include an efficiency kitchen with a sink, cooking appliance, cooking surface and storage cabinets that meet minimum building code standards. No gas or 220V circuits are allowed;

E.

The JADU may share a bathroom with the primary residence or have its own bathroom;

F.

No additional parking is required.

G.

The JADU or primary unit must be owner-occupied. A deed restriction with this requirement shall be recorded with the Solano County Recorder prior to occupancy permit issuance.

A.

Application requirements. Applications for ADUs and JADUs shall be submitted in writing on application forms issued by the planning division and shall include all of the information specified in application requirements established by the director including building plans with sufficient information to make a proper determination that the project meets the standards specified in Section 16.303.02, Required Standards.

B.

Applications shall be signed by the property owner and shall be accompanied by the fee established by the Master Fee Schedule. In addition to any other information required by this Zoning Code or the director, the application shall include a statement of intention to consider leasing the unit as affordable housing and/or accepting vouchers under the federal Section 8 housing program.

C.

Application review. An application that conforms with all of the applicable provisions of this chapter shall be reviewed and approved by the director as a ministerial action within sixty days of submittal. An applicant may request a delay in processing an ADU or JADU application in which case the sixty-day time period shall be tolled for the period of the delay. If an application to create an ADU or JADU is submitted with a permit application to create a new single-unit dwelling on the property, the city may delay action on the application for the ADU or JADU until it acts on the permit application for the new dwelling.

Prior to issuance of an occupancy permit, the applicant shall provide the director with proof of recordation with Solano County of a deed restriction that shall run with the land, which requires the rental term of an ADU to exceed thirty days. For a JADU, a deed restriction shall also be provided that requires owner-occupancy for the primary unit or JADU.

A.

Appeals. A decision on a zoning clearance for an ADU may be appealed in accordance with Section 16.602.14, Appeals.

B.

Expiration, Extensions and Modifications. A zoning clearance for an ADU is effective and may only be extended or modified as provided for in Chapter 16.602, Common Procedures, Section 16.602.12, Expiration and Extension, and Section 16.602.12.D, Changes to an Approved Permit.

C.

Revocations. A zoning clearance for a ADU may be revoked pursuant to Chapter 16.615, Enforcement and Abatement. Pursuant to State Health and Safety Code Section 17980.12, an owner of an ADU that was built before January 1, 2020 may request a delay in enforcement until January 1, 2030 unless the correction is necessary to protect health and safety.

These provisions provide special design guidelines/standards and development regulations to regulate the operation of adult use facilities, minimizing any associated negative secondary effects. This chapter is not intended to provide exclusive regulation of the regulated adult use. Such uses shall comply with any and all applicable regulations imposed in other chapters of the Zoning Code, other city ordinances, and state and federal law.

A.

Major Use Permit Required.

1.

No Adult Use may be established within the city by right. All persons wishing to establish an adult use within the city shall apply for and receive a major use permit, as provided in Chapter 16.606, Minor and Major Use Permits.

2.

It is the burden of the applicant to supply evidence to justify the granting of a major use permit for an adult use.

B.

Regulatory Permit Also Required.

1.

It is unlawful for any person to operate, engage in, conduct or carry on any adult use unless the owner of such business first obtains from the director, and continues to maintain in full force and effect, an adult use regulatory permit for such business.

2.

Permit Application.

a.

The owner of a proposed adult use business shall be the only person eligible to obtain an adult use regulatory permit for such business. The owner shall not be eligible to obtain an adult use regulatory permit unless the owner is at least eighteen years of age.

b.

The following shall be submitted to the director at the time of the application for an adult use regulatory permit:

i.

A completed application form signed by:

(a)

The applicant; and

(b)

Either the record owner of the property or the lessor of the premises (if the business premises are leased to the applicant business) where the adult use business is to be conducted.

ii.

The applicant's fingerprints on a form provided by the Vallejo Police Department. Any fees for the fingerprints shall be paid by the applicant.

iii.

Two color photographs, taken within six months prior to the date of the application, that clearly show the applicant's face. Any fees for the photographs shall be paid by the applicant.

iv.

A written description of the proposed adult use business and how it will satisfy the requirements of this chapter.

v.

A site plan depicting the building unit proposed for the adult use business. The site plan shall include a dimensional interior floor plan that depicts how the adult use business will comply with the requirements of this chapter. The site plan shall also include a diagram of the off-street parking areas required by Chapter 16.508, Off-Street Parking and Loading of this code.

vi.

A statement signed by the applicant certifying under penalty of perjury that all of the information submitted in connection with the application for an adult use regulatory permit is true and correct.

vii.

A nonrefundable application fee in an amount set by the Master Fee Schedule.

c.

If the director determines that the applicant has completed the application for an adult use regulatory permit improperly, the director shall promptly notify the applicant of such fact and shall return the application unprocessed. On request of the applicant, the director shall grant the applicant an extension of time of ten days to complete the application properly. The time period for granting or denying the requested permit shall be stayed during the period in which the applicant is granted an extension of time.

3.

Approval or Denial of Permit.

a.

Background Check/Police Clearance. Applicants for an adult use regulatory permit or adult performer permit as defined in this chapter shall provide proof that a background check has been cleared by the Vallejo Police Department for the holder of the permit and all employees and performers.

b.

Neither the applicant, if an individual, or any of the officers or general partners if a corporation or partnership, have been found guilty or pleaded nolo contendere within the past seven years of a misdemeanor or a felony classified by the state as a sex-related offense.

c.

The director shall, within thirty calendar days of the filing of a complete application, approve and issue the adult use regulatory permit if the requirements of this chapter have been met; otherwise the permit shall be denied. Notice of the approval or denial of the permit shall be given to the applicant in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service on the date of such decision. If the application is denied, the director shall attach to the notice a statement of the reasons for the denial. The time period set forth in this paragraph shall not be applicant.

d.

Any interested person may appeal the decision of the director to the planning commission in accordance with the Section 16.602.14, Appeals.

4.

Nontransferable.

a.

No person shall operate an adult use business under the authority of an adult use regulatory permit at any place other than the address of the adult use business stated in the application for the adult use regulatory permit.

b.

No adult use regulatory permit issued pursuant to this chapter shall be transferable.

c.

Any attempt to transfer an adult use regulatory permit is hereby declared invalid and the permit shall automatically become void effective the date of such attempted transfer.

d.

Nothing in this section shall prevent the director from approving a second adult use regulatory permit for a single location provided that the holder of the adult use regulatory permit previously approved for such location consents in writing to the automatic expiration of such previously approved permit upon the effective date of such second permit.

C.

Registration of Employees. Every permittee of an adult use regulatory permit business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities shall maintain a register of all persons so performing on the premises and their permit numbers. The register shall be available for inspection during regular business hours by any police officer or health officer of the city.

A.

Applicability. No person shall engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult-use business, without a valid adult use performer permit issued by the city. All persons who have been issued an adult use regulatory permit shall promptly supplement the information provided as part of the application for the permit with the names of all performers required to obtain an adult use performer permit, within thirty days of any change in the information originally submitted. Failure to submit the changes shall be grounds for suspension of the adult use regulatory permit.

B.

Application Content. The application for a permit shall be made on a form provided by the director. An original and two copies of the completed and sworn permit application shall be filed with the director. The completed application shall contain the following information and be accompanied by the following documents:

1.

The applicant's legal name and any other names (including "stage names" and aliases) used by the applicant;

2.

Age, date and place of birth;

3.

Height, weight, hair and eye color;

4.

Present residence address and telephone number;

5.

Whether the applicant has ever been convicted of:

a.

Any of the offenses set forth in Sections 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(d) of the California Penal Code as those sections now exist or may hereafter be amended or renumbered or of any other misdemeanor or a felony classified by the state as a sex or sex-related offense; or

b.

The equivalent of the aforesaid offenses outside the state of California.

6.

Whether the person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of the registration, licensing or legal authorization, and the inclusive dates during which the person was so licensed, registered, or authorized to engage in prostitution.

7.

State driver's license or identification number;

8.

Satisfactory written proof that the applicant is at least eighteen years of age;

9.

The applicant's fingerprints on a form provided by the Vallejo Police Department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant;

10.

If the application is made for the purpose of renewing a permit, the applicant shall attach a copy of the permit to be renewed.

The completed application shall be accompanied by a non-refundable application fee. The amount of the fee shall be set by resolution of the city council.

C.

Initial Application Review. Upon receipt of an application and payment of the application fees, the director shall immediately stamp the application as received and promptly investigate the application. If the director determines that the applicant has completed the application improperly, the director shall promptly notify the applicant of the fact and grant the applicant an extension of time of not more than ten days to complete the application properly. In addition, the applicant may request an extension, not to exceed ten days, of the time for the director to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.

The director shall, within thirty calendar days of the filing of a complete application, approve and issue the adult use performer permit if the requirements of this chapter have been met; otherwise the permit shall be denied. Notice of the approval or denial of the permit shall be given to the applicant in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service on the date of such decision. If the application is denied, the director shall attach to the notice a statement of the reasons for the denial. The time period set forth in this paragraph shall not be extended except upon the written consent of the applicant.

Any interested person may appeal the decision of the director or the planning commission in accordance with the Section 16.602.14, Appeals.

A.

Every adult use business shall display at all times during business hours the regulatory permit issued pursuant to the provisions of this chapter for such adult use business in a conspicuous place so that the same may be readily seen by all persons entering the adult-use business.

B.

The director shall provide each adult use business performer required to have a permit in compliance with this chapter with an identification card containing the name, address, photograph and permit number of the performer.

C.

An adult use business performer shall have their identification card available for inspection at all times during which the performer is on the premises of the adult use business.

A.

Subject to the limitations of this chapter, adult uses may be located in the mixed-use or commercial land use designations, if permitted by the zoning district in which the property is located.

B.

In those land use designations where the adult uses regulated by this chapter would otherwise be permitted uses, it shall be unlawful to establish any such adult use if the location is:

1.

Within a five hundred-foot radius of a school or park. The distance between a proposed adult use and the school or park shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use to the nearest property line which includes a sensitive land use, along a straight line extended between the two points.

2.

Within one thousand feet of any other adult use as defined by this chapter located either inside or outside the jurisdiction of the city. The distance between two adult uses shall be measured between the nearest exterior walls housing the adult uses along a straight line extended between the two uses.

C.

The establishment of any adult use shall include the opening of such a business as a new business, the relocation of the business, or the conversion of an existing business to any adult use.

A.

Background Check/Police Clearance. Applicants for a major use permit to operate an adult use as defined in this chapter shall provide proof that a background check has been cleared by the police department.

B.

Hours of Operation. It shall be unlawful for any operator or employee of an adult use to allow such adult use to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 12:00 midnight and 10:00 a.m. of any day, unless a major use permit for a late night business operation has been granted by the planning commission pursuant to Chapter 16.606, Minor and Major Use Permits.

C.

Lighting Requirements. All exterior areas of the adult use shall be illuminated at a minimum of 1.00-foot candle, minimally maintained and evenly distributed at ground level.

D.

Access Provisions.

1.

The operator of the adult use shall not permit any doors on the premises to be locked during business hours and, in addition, the operator shall be responsible to see that any room or area on the premises shall be readily accessible at all times and shall be open to view in its entirety for inspection by any law enforcement officer.

2.

No adult use shall be operated in any manner that permits the observation of any material, adult oriented merchandise or activities depicting, describing or related to "specified anatomical areas" or "specified sexual activities" from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window, door or other aperture or opening. No exterior door or window on the premises shall be propped open or kept open at any time, and any exterior windows shall be covered with opaque covering at all times.

3.

Signage. The adult use shall post in plain view inside the front portion of the business facility, in two-inch print, a sign referencing California Penal Code Section 314.

E.

Regulation of Closed Booths. No one shall maintain any arcade booth or individual viewing area unless the entire interior of such premises wherein the picture or entertainment that is viewed is visible upon entering into such premises; and, further, that the entire body of any viewing person is also visible immediately upon entrance to the premises without the assistance of mirrors or other viewing aids. No partially or fully enclosed booths/individual viewing area or partially or fully concealed booths/individual viewing area shall be maintained. No arcade booth shall be occupied by more than one patron at a time. No holes shall be permitted between arcade booths or individual viewing area. The booths shall be cleaned daily.

F.

Regulation of Viewing Areas. All viewing areas within the adult use shall be visible from a continuous and accessible main aisle in a public portion of the establishment, and not obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing into the viewing area from the main aisle. A manager shall be stationed in the main aisle or video monitoring shall be established at a location from which the inside of all of the viewing areas are visible at all times in order to enforce all rules and regulations. All viewing areas shall be designed or operated to permit occupancy of either one person only or more than ten persons. "Viewing area" shall mean any area in which a person views performances, pictures, movies, videos or other presentations.

G.

Business License. A person shall not own, operate, manage, conduct or maintain an adult use without first having obtained a business license in accordance with the provisions of Title 5, Business Licenses and Regulations, of the Vallejo Municipal Code.

H.

On-Site Manager. All adult uses shall have a responsible person who shall be at least twenty-one years of age and who is on the premises to act as manager at all times during which the business is open. The individual designated as the on-site manager shall be responsible for all violations taking place on the premises.

I.

Minimum Age of Employees. No person shall be employed in an adult use business who is not at least twenty-one years of age.

J.

Security Measures. All adult uses shall provide a security system that visually records and monitors the exterior premises of the property, including all parking lot areas; or, in the alternative, a uniformed security guard to patrol and monitor the exterior premises of the property, including the parking lot areas during all business hours. A sign indicating compliance with this provision shall be posted on the premises. The sign shall not exceed two feet by three feet and shall at a minimum be one foot by one and one-half feet.

K.

Nude Entertainment Business-Operating Requirements. No person, association, partnership, or corporation shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on the operation of a nude entertainment business unless each and all of the following requirements are met:

1.

No employee, owner, operator, responsible managing employee, manager or permittee of a nude entertainment business shall allow any person below the age of eighteen years upon the premises or within the confines of any nude entertainment business if no liquor is served, or under the age of twenty-one years if liquor is served. Prior to commencing the sale of any alcoholic products, the property owner shall secure a major use permit and comply with the provisions of Chapter 16.305, Alcoholic Beverage Sales.

2.

No nude entertainer shall dance with or otherwise be within four feet of a patron while performing for compensation or while on licensed premises. This four-foot separation shall be marked by a railing or other physical barrier designed to obstruct any contact between the entertainer and the patron(s).

3.

No owner, operator, responsible managing employee, manager or permittee shall permit or allow at licensed premises any patron to approach within four feet of a nude entertainer or permit or allow a nude entertainer to approach within four feet of a patron.

4.

All employees of nude entertainment businesses, other than nude entertainers while performing, shall, at a minimum while on or about the licensed premises, wear an opaque covering which covers their "specified anatomical areas."

L.

Disposal of Adult Oriented Merchandise and Materials. Any and all adult oriented merchandise and materials discarded by an adult use shall be fully contained within a locked garbage receptacle at all times so that minors are not exposed to sexually explicit materials.

M.

Use Permit. Procedure for an adult use:

1.

Any person desiring to operate or establish an adult use within the city shall file with the planning division an application for a major use permit on a standard application form supplied by the planning division.

2.

The planning commission or city council on appeal shall approve or conditionally approve an application for a major use permit pursuant to Chapter 16.606, Minor and Major Use Permits. Information submitted by the applicant shall substantiate the following findings: That the proposed use complies with the development and design requirements of the underlying zoning district in which it is located and with the applicable standards of this chapter;

a.

That the proposed use complies with the locational limitations as specified in this chapter; and

b.

That neither the applicant, if an individual, or any of the officers or general partners, if a corporation or partnership, have been found guilty or pleaded nolo contenders within the past four years of a misdemeanor or a felony classified by the state as a sex or sex-related offense.

3.

Any conditions imposed upon the permit shall be in keeping with the objective development standards of this chapter above and the underlying zoning district in which the property is located.

A.

The time for court challenge to a decision by the city council is governed by California Code of Civil Procedure Section 1094.6.

B.

Notice of the city council's decision and its findings shall be mailed to the applicant and shall include citation to California Code of Civil Procedure Section 1094.6.

A.

Appeal. Any interested person may appeal the decision of the planning commission in accordance with the provisions of Chapter 16.602, Common Procedures, Section 16.602.14, Appeals.

B.

Expiration and Modifications. A major use permit for an adult use is effective and may only be extended or modified as provided for in Chapter 16.602, Common Procedures, Section 16.602.12, Expiration and Extension, and Section 16.602.12.D, Changes to an Approved Permit.

C.

Revocation. Any permit issued pursuant to the provisions of this chapter may be revoked by the city on the basis of any of the following:

1.

That the business or activity has been conducted in a manner which violates one or more of the conditions imposed upon the issuance of the permit, or which fails to conform to the plans and procedures described in the application, or which violates the occupant load limits set by the fire marshal;

2.

That the permittee has failed to obtain or maintain all required city, county, and state licenses and permits;

3.

That the permit is being used to conduct an activity different from that for which it was issued;

4.

That due to changes in on-site conditions, the adult use lacks sufficient on-site parking area for employees and the public under the standards set forth in Chapter 16.508, Off-Street Parking and Loading, except for an existing use that is legal and non-conforming with respect to parking;

5.

That the building or structure in which the adult use is conducted is hazardous to the health or safety of the employees or patrons of the business or of the general public under the standards set forth in Title 12, Building and Construction, of the Vallejo Municipal Code;

6.

That the permitted business creates sound levels which violate the provisions of Section 7.84, Regulations of Noise Disturbances, and Lighting Equipment of the Vallejo Municipal Code; and/or the Performance Standards for Noise specified in Section 16.502.10, Noise;

7.

That the permittee, if an individual, or any of the officers or general partners, if a corporation or partnership, is found guilty or pleaded nolo contenders to a misdemeanor or felony classified by the state as a sex or sex-related offense during the period of the adult establishment's operation.

D.

The revocation process shall be in accordance with the provisions of Chapter 16.615, Enforcement and Abatement.

E.

In the event a permit is revoked pursuant to this chapter, another major use Permit to operate an adult business shall not be granted to the permittee within twelve months after the date of such revocation.

These regulations are established to implement the general plan's policy to promote responsible sale and service of alcoholic beverages, as well as reduce impacts from the operation of businesses selling alcoholic beverages for on-site or off-site consumption.

A.

Use Permit Required. No person shall dispense for sale or other consideration, alcoholic beverages, including beer, wine, malt beverages, and distilled spirits, for on-site or off-site consumption without first obtaining a minor or major use permit unless the sale or service is associated with a bona fide eating place, as defined by the California State Department of Alcoholic Beverage Control.

B.

All alcoholic beverage sales uses are also subject to the following requirements:

1.

The operator of the use shall prevent loitering or other activity in the parking lot that would be a nuisance to adjacent uses and/or residential neighborhoods;

2.

The use shall not be located in a reporting district with more than the recommended maximum concentration of the applicable on or off-premises sales use, as recommended by the State of California Alcoholic Beverage Control Board (ABC), nor with a high crime rate as reported by the Vallejo Police Department unless the director or the planning commission has made a determination of public convenience or necessity as provided for by state law and Section 16.305.03, Determination of Public Convenience or Necessity below;

3.

Hours of operation are limited to 8:00 a.m. to 12:00 midnight, or in the DMX, 8:00 a.m. to 1:00 a.m., daily unless the planning commission approves a major use permit allowing additional hours pursuant to Chapter 16.323, Late Night Business Operations and considering:

a.

The impacts of any nearby discretionary land use that is already subject to a major use permit and that also proposes to engage in late night alcohol sales and/or service;

b.

Conditions including, but not limited to, interior and exterior restrictions such as noise controls, location and use of parking areas, sound barriers, and other performance standards to manage, minimize, mitigate, eliminate or reduce the impacts of that activity on the public health and safety.

4.

The site shall be maintained free of litter and graffiti at all times. The owner or operator is responsible for daily removal of trash, litter, and debris from premises and on all abutting sidewalks with twenty feet of the premises. One permanent, non-flammable trash receptacle shall be installed near all public entrances and exits to the establishment.

5.

Notices shall be prominently displayed that prohibit loitering and littering and request patrons to not disturb neighbors or block driveways;

6.

Employees of the establishment shall walk a one-hundred-foot radius from the facility at some point prior to thirty minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons.

7.

The following signs shall be prominently displayed in a readily visible manner:

a.

"California State Law prohibits the sale of alcoholic beverages to persons under twenty-one years of age";

b.

"No loitering or public drinking"; and

c.

"It is illegal to possess an open container of alcohol in the vicinity of this establishment".

8.

A copy of the conditions of approval and the ABC license shall be required to be kept on the premises and presented to any law enforcement officer or authorized city official upon request.

9.

All businesses that engage in retail alcoholic beverage sales shall be subject to inspection by the city staff any time the chief of police, or their designee, finds that criminal or nuisance activities are occurring on or near the premises.

10.

A sound wall up to six feet in height shall be provided between the business and any abutting residential zoning district or use. Such wall may not obstruct the view of the building or parking areas from the street.

11.

When an existing alcohol outlet with a major use permit changes ownership or undergoes an interior remodel, the establishment shall be subject to review pursuant to Chapter 16.603, Zoning Compliance Review, to ensure compliance with the existing minor or major use permit.

12.

When an existing alcohol outlet without a minor or major use permit changes ownership or undergoes an interior remodel, it shall be subject to review pursuant to Chapter 16.603, Zoning Compliance Review and Section 16.305.06, Deemed Approved Alcoholic Beverage Sales Establishments, and the following additional requirements:

a.

An existing alcohol outlet that was lawfully established and is non-conforming solely due to the lack of an approved minor or major use permit is exempt from the requirements of this chapter if the licensed premises have remained in continuous operation without substantial change in mode or character of operation. Approval of a minor or major use permit shall be required for a change in the licensed classification. The operation of an existing non-conforming alcohol outlet shall be considered lapsed and a minor or major use permit shall be required where operations have been discontinued for a period of over one year.

b.

Any existing premises where operations have been discontinued for these time periods shall be required to obtain a use permit prior to resuming business whether or not a use permit was obtained in the past for the premises.

c.

A substantial change in mode or character of operation shall include, but is not limited to, a change in operational hours that extends past 11:00 p.m. Sunday through Thursday and midnight on Friday and Saturday, a five percent increase in the floor area of the premises, a ten percent increase in the shelf area used for the display of alcoholic beverages, queuing outside the establishment, age requirements for entry, checking identification at the door, implementing a cover charge, offering bottle service, or a five percent increase or decrease in the number of seats in any restaurant that serves alcoholic beverages, but in no case shall the increase exceed any established seating limitation in the underlying zoning district.

i.

Bottle service shall mean the service of any full bottle of liquor, wine, or beer, of more than 375 ml, along with glass ware, mixers, garnishes, etc., in which patrons are able to then make their own drinks or pour their own wine or beer.

ii.

Cover charge shall mean requiring payment of customers before they may enter the establishment.

The director or the planning commission may make a determination of public convenience or necessity to allow the establishment of a new retail alcohol sales establishment or to allow the issuance of an additional license for any alcohol sales establishment in any area of the city that has an undue concentration of retail alcohol outlets or a higher crime rate than the average defined by the California Business and Professions Code Section 23958.4 (a).

A.

Applicability. A determination of public convenience is necessary to allow approval of an additional license when:

1.

A crime reporting district that has a twenty percent greater number of reported crimes than the average number of reported crimes from all crime reporting districts within the jurisdiction of the local law enforcement agency; or

2.

The ratio of on- and off-sale retail licenses to population in the census tract or census division in which the premises are located exceeds the ratio of on- and off-sale retail licenses to population in the county.

B.

Basis for Determination. The director or the planning commission may make a determination of public convenience or a determination of necessity based on crime statistics provided by the police department and consideration of the following:

1.

Special or unusual circumstances that justify a new establishment or license including, but not limited to, providing a service that existing alcohol sales uses do not offer;

2.

Evidence that the proposed outlet needs the license in order to operate profitably;

3.

If the business has a license at a different location and is relocating within the same census tract;

4.

Consistency of the proposed use with the general plan and any applicable specific plan or planned development approval and evidence that the proposed retail outlet will not have impacts detrimental to development or people living or working in the immediate surrounding neighborhood;

5.

Proximity of other alcohol retail outlets, which would serve the needs of prospective patrons;

6.

Proximity of the proposed site to a residential neighborhood or other sensitive land use such as elementary, secondary and high schools, transitional housing, or facilities providing services to homeless persons;

7.

Whether the economic benefit of the proposed outlet to the district and/or the city will outweigh any possible negative impacts because the proposed use will attract patrons to the area and positively effect adjacent businesses by furthering a city objective, such as the creation and enhancement of entertain and craft beverage areas; and;

8.

Whether there is a history of alcohol-related crimes or calls for police service for the area where the use is proposed.

Eating and drinking establishments offering: live entertainment, dancing or late-night alcohol beverage service and stand-alone banquet facilities offering alcohol beverage service, and bars, nightclubs (this does not apply to an adult nightclub), lounges, taverns, and taprooms offering alcohol beverage service in the NC Zoning District shall require a major use permit, as prescribed in Chapter 16.606, Minor and Major Use Permits, unless the sale or service is associated with a and any other establishment that services alcohol, with the exception of a bona fide eating place, as defined by the California State Department of Alcohol Beverage Control.

Bars, taverns, brewpubs, micro-breweries, tasting rooms or wine shop shall require a minor use permit, as prescribed in Chapter 16.606, Minor and Major Use Permits; and pursuant to the applicable requirements of Part II, Districts and Development Types of the Zoning Code or an adopted specific plan or planned development permit.

The planning commission or director may only grant such a use permit if it makes the following findings and complies based on the substantial evidence in the record in addition to the findings required for approval of the use permit in accordance with Chapter 16.606, Minor and Major Use Permits:

A.

The location and operating characteristics of the proposed alcohol sales will not adversely affect sensitive land uses in the surrounding area, including, but not limited to, residences, schools, parks, playgrounds, places of religious assembly, hospitals, and convalescent homes. For the purposes of this chapter, "adversely affect" means to impact in a substantial, negative manner the economic value, habitability, or use of properties in the immediate area.

B.

The impacts of any nearby discretionary land use that is already subject to a use permit and that also proposes to engage in late night alcohol sales and/or service are not increased;

C.

Conditions including, but not limited to, interior and exterior restrictions such as noise controls, location and use of parking areas, sound barriers, and other performance standards manage, minimize, mitigate, eliminate or reduce the impacts of that activity on the public health and safety.

Liquor stores, convenience stores, and mini-markets associated with fuel sales offering alcoholic beverages for off-site consumption shall require a major use permit, as prescribed in Chapter 16.606, Minor and Major Use Permits.

A.

The planning commission may grant such a permit only if, from the facts presented with the application, at the public hearing, or as determined by investigation, it finds that the conditions described in Section 16.305.04, Eating and Drinking Establishments, exist. The project shall meet the findings described in Section 16.305.04, or enjoyability of properties in the immediate area.

B.

No liquor store, except for a large format liquor store, or convenience store, or mini-market associated with fuel sales offering alcoholic beverages for off-premise consumption shall be established within one thousand feet of a property containing an existing or approved liquor store, convenience store or mini-market associated with fuel sales offering alcoholic beverages for off-site consumption.

C.

A convenience store or mini-market may sell beer and wine under a ABC Type 20 license provided the total floor area devoted to display of such products does not exceed ten percent of the gross floor area.

A.

Purpose. The regulations in this chapter require that businesses selling alcoholic beverages, and were non-conforming uses before the adoption of these regulations, comply with performance standards and requirements to achieve the following objectives:

1.

To protect adjacent neighborhoods from the harmful effects attributable to the sale of alcoholic beverages.

2.

To provide opportunities for businesses which sell alcoholic beverages to operate in a mutually beneficial relationship to each other and to other commercial and civic services.

3.

To provide mechanisms to address problems often associated with the public consumption of alcoholic beverages, such as litter, loitering, graffiti, unruly behavior and escalated noise levels.

4.

To ensure that businesses which sell alcoholic beverages are not the source of undue public nuisances in the community.

5.

To ensure that sites where alcoholic beverages are sold are properly maintained so that negative impacts generated by these activities are not harmful to the surrounding environment in any way.

6.

To monitor deemed approved uses to ensure that they do not substantially change their mode or character of operation.

B.

Applicability. All businesses engaged in the sale of alcoholic beverages, including eating and drinking establishments that were non-conforming uses prior to August 25, 1998 and still do not possess a minor or major use permit for the sale and service of alcohol shall automatically become deemed approved uses and shall no longer be considered non-conforming uses.

1.

Each such deemed approved use shall retain this status and may continue to engage in late night alcohol service, dancing and/or live entertainment provided such activities were lawfully engaged in prior to August 1, 2017, and as long as it complies with the deemed approved performance standards as specified in Section 16.323.03, Late Night Alcohol Sales or Service.

2.

None of the provisions of this chapter restrict any authority to require modification or termination of any deemed approved use which does not conform to the performance standards in sub-section E. or which has been declared to be a nuisance by the city council.

3.

Any business engaged in the sale of alcoholic beverages that obtained a major use permit for the sale and service of alcohol prior to August 1, 2017 may continue to lawfully operate pursuant to the terms and conditions of its major use permit so long as that permit has not been modified, revoked, suspended, or abandoned as set forth Chapter 16.606, Minor and Major Use Permits or Chapter 16.615, Enforcement and Abatement or sub-section C, Abandonment.

C.

Abandonment. Whenever a deemed approved use discontinues active operation for a continuous period of twelve months, such deemed approved use shall not be resumed. Related structures may be utilized thereafter only for a permitted use. Furthermore, if another use has been substituted before the lapsing of twelve months, the original deemed approved use may not be resumed thereafter.

D.

Notification. The director shall notify the owner of each deemed approved use, and also the property owner if not the same, of the use's deemed approved status. Such notice shall be sent via certified return receipt mail; shall include a copy of the performance standards specified in sub-section E, Performance Standards for Deemed Approved Alcoholic Beverage Sales Uses, with the requirement that these be posted in a conspicuous and unobstructed place visible from the entrance of the establishment for public review; notification that the use is required to comply with all these performance standards; that a review fee is required, the amount of such fee shall be as established or amended by the city council; and that the use is required to comply with all other aspects of the deemed approved regulations. Should the notice be returned, then the notice shall be sent via regular U.S. Mail. Failure of any person to receive notice given pursuant to this chapter shall not affect the deemed approved status of the use.

E.

Performance Standards for Deemed Approved Alcoholic Beverage Sales Uses. An alcoholic beverage sales establishment shall retain its deemed approved status only if it conforms with all of the following standards:

1.

It does not result in adverse effects to the health, peace or safety of persons residing or working in the surrounding area.

2.

It does not result in jeopardizing or endangering the public health or safety of persons residing or working in the surrounding area.

3.

It does not result in repeated nuisance activities within the premises or in close proximity of the premises, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests.

4.

It does not result in violations to any applicable provision of any other city, state, or federal regulation, ordinance, or statute.

5.

Its upkeep and operating characteristics are compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding area.

6.

A copy of the performance standards shall be posted in a conspicuous and unobstructed place visible from the entrance of the establishment for public review.

The keeping of animals is permitted when accessory to a residential use in any residential zoning district consistent with the requirements of Chapter 7.24 of the Vallejo Municipal Code and the provisions of this chapter.

On any lot in a residential zoning district, or in conjunction with any residential use in any other district, a total of eight animals (domestic or exotic) may be kept on one lot, of which not more than four may be dogs, and four cats and not more than one may be a pot-bellied pig. In addition to the eight-animal total, poultry and other animals may be kept in compliance with the following requirements:

A.

Roosters are prohibited.

B.

Chickens, ducks, and geese shall be kept in a securely fenced area within the rear yard of a residential property and a coop and pen are provided. The coop and pen shall meet the following requirements:

1.

Setbacks. Coops for keeping of hens shall be set back a minimum of five feet from side or rear property lines. Coops shall be located a minimum of twenty feet from habitable structures on adjacent properties; greater distances are encouraged where practicable.

2.

Coop height. Coops shall be no taller than six feet in height.

3.

Coop and pen design and maintenance.

The coop and pen shall be designed, constructed, and maintained so that the hens are securely contained at all times.

4.

Ongoing maintenance and care. The coop and pen shall be maintained in a clean and sanitary condition. All enclosures shall be constructed and maintained to prevent rats or other rodents from being harbored underneath, within, or within the walls of the enclosure. All feed and other items associated with hen keeping shall be managed to minimize contact with rodents.

C.

Large livestock. The keeping of large livestock, including bovines, horses, mules, burros, is permitted subject to compliance with the requirements of the zoning district where the property is located and the following provisions:

1.

Livestock farming is limited to the raising, feeding, maintaining and breeding of livestock.

2.

Livestock shall not be permitted to run at large in the city or be pastured, herded, staked or tied on any private property without the consent of the owner.

3.

Animal raising excludes animal feed yards and slaughtering of livestock.

A.

Kennels. There shall be no kennels within two hundred feet of a residential use or residentially zoning district.

B.

Veterinary (small animals). There shall be no veterinary facilities within two hundred feet of a residential use or residentially zoned district.

In addition to the animals permitted in subsection (B), a maximum of three hives is permitted subject to the requirements of Chapter 7.38 of the Vallejo Municipal Code and the following standards:

A.

Hives shall not be located within ten feet of any rear or side property line or within forty feet of the front property line.

B.

Hives shall be located a minimum of twenty feet from habitable structures on adjacent properties.

C.

The director may approve reduced setbacks subject to approval of a minor use permit pursuant to the requirements of Chapter 16.606, Minor and Major Use Permits.

These regulations are intended to ensure that service stations do not result in adverse impacts on adjacent land uses, especially residential uses, due to:

A.

The traffic, glare and patterns of use associated with service stations, particularly those open twenty-four hours per day, may be incompatible with nearby uses and especially residential use;

B.

Their typically longer hours of operation may result in a higher incidence of crime.

The following requirements apply to all new service stations and existing service stations proposing an expansion of ten percent or greater in floor area.

A.

Locational Limitations. Service stations shall be located at the intersection of two major streets or a major and a collector street, or as part of a planned shopping center, freeway-oriented commercial services complex, or other planned commercial concentration.

B.

Minimum Parcel Size. The minimum parcel size for development of a service station is fifteen thousand square feet except for those operated as part of a planned complex.

C.

Minimum Street Frontage. Each parcel shall have a minimum street frontage of one hundred feet on each abutting street.

D.

Setbacks. No building or structure shall be located within thirty feet of any public right-of-way or within twenty feet of any interior parcel line.

E.

Gasoline Pumps. Gasoline pumps shall be located at least fifteen feet from any property line and a minimum of twenty feet from any public right-of-way.

F.

Canopies. Canopies shall be located at least five feet from any property line.

G.

Screening. Service stations shall be separated from an adjacent property by a decorative masonry wall or vegetative screening, not less than six feet in height. Materials, textures, colors and design of all walls shall be compatible with the design of the service station design. Required screening walls shall comply with Section 16.501.11, Visibility at Intersections, Driveways, and Alleys.

1.

Service stations that abut or are across an alley from a residential zoning district shall comply with all the following standards:

a.

A six-foot masonry wall at shall be constructed along the property line abutting the residential zoning district or along the property line which is across the alley from said zoning district;

b.

All site lighting and lighted signs shall be directed away or shielded from the residential zoning district;

c.

The use shall comply with the front and side yard requirements applicable to the affected residential zoning district. All required yards shall be appropriately landscaped.

d.

Existing chain link and barbed wire fencing, bollards and chains shall be removed and replaced with fencing consistent with the requirements of Section 16.504.03, Landscaping Standards from any existing service station proposing an expansion of ten percent or greater in floor area or reconfiguration of existing pumps, addition of new pumps, or new canopy structures.

H.

Landscaping. The service station site shall be landscaped consistent with Chapter 16.504, Landscaping, and the following standards:

1.

A minimum of fifteen percent of the site shall be landscaped. A planting strip at least five feet wide shall be provided along all street frontages and at least three feet wide along all interior property lines and adjacent to buildings. Planters shall be surrounded by masonry or concrete curbs and arranged so as to preclude motor vehicles from driving across the sidewalk at locations other than access driveways.

2.

Permanent opaque landscaping or berms shall be provided and maintained in the planters at a height of not less than three feet above the average adjacent grade.

3.

A landscaped planter at least one hundred fifty square feet in area shall be provided at the intersection of two property lines at a street corner.

4.

All existing street trees shall be preserved or replaced where missing, as required by Chapter 16.504, Landscaping subject to review and approval by the city engineer. Driveways and vehicle approaches shall be designed so as not to necessitate the removal of any existing street trees.

I.

Transition Requirements Adjacent to Residential zoning districts. Where an automobile/vehicle service station use is adjacent to a residential zoning district, the following standards apply.

1.

Minimum Setbacks. Buildings used for parking and vehicle storage that are adjacent to a residential zoning district not containing an existing automobile/vehicle sales and leasing use shall be set back a minimum ten feet from the shared property line. Buildings used for any other use allowed by this chapter shall be set back a minimum fifteen feet from the shared property line.

2.

Landscaping and Screening. A continuous planting area with a minimum width of 7.5 feet shall be provided along any interior parcel line adjacent to a residential zoning district.

J.

Driveways. For new service stations, no more than one driveway with a maximum width of thirty-five feet shall be permitted on any one street frontage and shall be located as follows: driveways shall not be located closer than fifty feet from a street intersection, fifteen feet from a residential property line or alley, nor as to otherwise interfere with the movement and safety of vehicular and pedestrian traffic, subject to the approval of the director.

K.

Lubrication Bays and Wash Racks. All lubrication bays and wash racks shall be located within a fully enclosed building. Access to the service bays and wash racks shall not be located within fifty feet of property in a residential zoning district.

L.

Parking. Parking shall be provided according to the standards of Chapter 16.508, Off-Street Parking and Loading, and the following:

1.

Customer and employee parking shall not be used for automobile repair, finishing work or storage of vehicles.

2.

Vehicles being serviced may be parked on the premises for a maximum of 2 weeks in additional parking spaces specifically provided for this purpose.

3.

No vehicle that will be or has been serviced may be parked on public streets, sidewalks, parkways, driveways or alleys.

4.

No vehicle may be parked on the premises for the purpose of offering it for sale.

M.

Air and Water. Each service station shall provide air and water to customers without charge and at a convenient location during hours when gasoline is dispensed.

N.

Restrooms. Each service station shall provide a public restroom accessible to the general public including persons with disabilities during all hours the service station is open to the public. Restrooms shall be attached to a structure on site with entrances or signage clearly visible from the gasoline service area or cashier station and concealed from view of adjacent properties by planters of decorative screening and shall be maintained on a regular basis.

O.

Vending Machines. Coin-operated vending machines may be permitted within or abutting a structure for the purpose of dispensing items commonly found in service stations, such as refreshments and maps.

P.

Convenience stores. Convenience stores or mini-markets may be permitted on the site of a service station subject to approval of a minor use permit and the following development standards:

1.

The service station shall be on a site at least fifteen thousand square feet in area that is located on a collector street;

2.

A convenience store or mini-market located in an addition or free-standing structure shall meet all of the development standards applicable to the zoning district in which the site is located and shall be designed with materials compatible with the design of the service station and surrounding properties.

3.

Arcade or game machines or other coin-operated electronic machines are prohibited.

4.

Unless otherwise provided by the review authority, if the service station is within one hundred feet of a residential zoning district, the convenience store or mini market operation shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m.

5.

A convenience store or mini-market may sell beer and wine under a ABC Type 20 license provided the total floor area devoted to display of such products does not exceed ten percent of the gross floor area, subject to securing a major use permit.

6.

The site shall be maintained free of litter and graffiti at all times. The owner or operator is responsible for daily removal of trash, litter, and debris from premises and on all abutting sidewalks within twenty feet of the premises. One permanent, non-flammable trash receptacle shall be installed near all public entrances and exits to the establishment.

7.

Employees of the establishment shall walk a one hundred-foot radius from the facility at some point prior to thirty minutes after closing and shall pick up and dispose of any trash left by patrons.

Q.

Lighting for Aprons and Canopies. Lighting levels on gasoline station/convenience store aprons and under canopies shall be adequate to facilitate the activities taking place in such locations.

1.

Service Stations. Lighting for service station canopies shall be considered Class 2 lighting (General Illumination).

2.

Shielding. Light fixtures mounted on canopies shall be recessed so that the lens cover is recessed or flush with the bottom surface of the canopy and/or shielded by the fixture or the edge of the canopy.

3.

Total Under-Canopy Output. The total light output used for illuminating service station canopies, defined as the sum of all under-canopy initial bare-lamp outputs in lumens, shall not exceed forty lumens per square foot. All lighting mounted under the canopy, including but not limited to luminaires mounted on the lower surface or recessed into the lower surface of the canopy and any lighting within signage or illuminated panels over the pumps, is to be included toward the total at full initial lumen output.

R.

Location of Activities. All repair and service activities and operations on the site of a service station shall be conducted entirely within an enclosed service building, except as follows:

1.

The dispensing of petroleum products, water, and air from pump islands and other designated locations on the site;

2.

Replacement service activities such as wiper blades, fuses, radiator caps, and lamps;

3.

Minor repair work taking less than one hour to perform;

4.

The sale of items from vending machines placed next to the principal building in a designated area not to exceed thirty-two square feet and screened from public view;

5.

The display of merchandise offered for customer convenience on each pump island, provided that the aggregate display area on each island shall not exceed twelve square feet and that the products shall be enclosed in a specially designed case; and

6.

Motor vehicle products displayed along the front of the building and within thirty-six inches of the building, limited to five feet in height and not more than ten feet in length.

S.

Solid Waste Storage and Disposal. Trash areas shall be provided and screened as required by Section 16.501.08, Solid Waste, Recycling, and Organic Waste Storage, and according to the following:

1.

All trash shall be deposited in the trash area and the gates leading thereto shall be maintained in working order and shall remain closed except when in use.

2.

Solid waste bins shall be provided and placed in a location convenient for customers.

3.

Trash areas shall not be used for storage. The premises shall be kept in a neat and orderly condition at all times and all improvements shall be maintained in a condition of reasonable repair and appearance. No used or discarded automotive parts or equipment, or permanently disabled, junked or wrecked vehicles may be stored outside the main building.

T.

Security Plan. A security plan shall be developed by the applicant and approved by the city chief of police prior to issuance of a building permit.

These provisions are intended to allow for the expansion and improved performance of automobile dealers (new and pre-owned vehicles) leasing and rental agencies in the city at appropriate locations and in a manner that minimizes negative effects on surrounding businesses and residences.

More specifically, these provisions are intended to:

A.

Allow automobile dealers to expand in their current locations as long as their redevelopment is in the urban auto dealership format and incorporates mitigations to reduce any negative impacts on surrounding residential and nonresidential uses;

B.

Encourage new automobile dealers and automobile rental establishments to locate in areas proposed to accommodate auto-oriented and auto-related uses and to develop shared inventory storage facilities in appropriate locations to meet their needs; and

C.

Encourage dealerships to provide on-site automobile storage in above-grade structures or subterranean parking facilities.

All new automobile/vehicle sales and leasing and automobile storage uses shall comply with the requirements of this chapter.

D.

Existing automobile/vehicle sales and leasing uses are required to comply with the standards for development in conjunction with any one of the following:

1.

Any new construction or expansion of floor area, in which case only the expanded floor area shall be required to comply with the standards;

2.

Any outdoor expansion of vehicle display area, in which case only the expanded floor area shall be required to comply with the standards of this chapter; or

3.

Any expansion of the land area on which the dealership is located, whether by purchase, lease, business combination or acquisition, or similar method, in which case only the expanded land area shall be required to comply with the standards of this chapter. This provision does not apply if the expanded land area was legally operated as a dealership within one year of the expansion.

E.

Auto-dealership uses on parcels on Sonoma Boulevard south of Lewis Brown Drive and north of Couch Street in operation prior to the effective date of this Zoning Code and which have not subsequently been abandoned, are permitted uses that may be maintained or modified subject to the requirements of this chapter.

Automobile/vehicle sales and leasing businesses shall comply with the development standards—including but not limited to maximum height, maximum FAR, and minimum setbacks—for the respective zoning district or districts in which they are located. If the development standards for the respective zoning district or districts conflict with the standards included in this chapter, the standards of this chapter shall apply. The following development standards apply to automobile/vehicle sales and Leasing uses:

A.

Showrooms. Automobile/vehicle sales and leasing uses shall be developed to include indoor showrooms for display of vehicles for sale or lease.

1.

Maximum Setback. Showrooms shall be located no farther than fifteen feet from the property lines facing any boulevard and shall occupy at least sixty percent or one hundred feet, whichever is greater, of the site frontage along such boulevards.

2.

Treatment of Setbacks. If a setback is provided along any street frontage, the setback area (any area between building and sidewalk) shall be landscaped or improved as an extension of the public sidewalk to include pedestrian amenities. This requirement applies to all portions of a street-facing setback area that are not used for driveways or other accessways.

3.

Facade Height. Showrooms shall be constructed to achieve at least the minimum required facade height of the zoning district in which they are located.

4.

Transparency. Street-facing facades fronting major arterials or corridors shall have transparent glazing that provides views into display and sales areas. Transparent windows or doors shall be provided for at least seventy-five percent of the building wall area located between 2.5 and seven feet above the level of the sidewalk. No wall may run in a continuous horizontal plane for more than twenty-five feet without an opening.

B.

Location of Required Parking and Storage. Parking and vehicle storage shall be located behind the street frontage or in a garage structure that complies with the applicable requirements of Chapter 16.508, Off-Street Parking and Loading. Parking and vehicle storage may not be located between a vehicle showroom and any adjacent street.

C.

Transition Requirements Adjacent to Residential zoning districts. Where an automobile/vehicle sales and leasing use is adjacent to a residential zoning district, the following standards apply.

1.

Minimum Setbacks. Buildings used for parking and vehicle storage that are adjacent to a residential zoning district not containing an existing automobile/vehicle sales and leasing use shall be set back a minimum ten feet from the shared property line. Buildings used for any other use allowed by this chapter shall be set back a minimum fifteen feet from the shared property line.

2.

Landscaping and Screening. A continuous planting area with a minimum width of 7.5 feet shall be provided along any interior parcel line adjacent to a residential zoning district.

D.

Screening. All outdoor areas used in conjunction with the business shall be screened in compliance with the requirements of Chapter 16.505, Fences, Walls and Screening.

E.

Parking, Vehicle Storage, and Display. Parking structures and automobile storage uses associated with an automobile/vehicle sales and leasing business permitted to maintain inventory on the same site shall comply with the following development and design standards:

1.

Customer parking shall comply with all standards of Chapter 16.508, Off-Street Parking and Loading.

2.

Employee and inventory parking may be provided in tandem and is not subject to the minimum parking space and aisle dimensions of Chapter 16.508, Off-Street Parking and Loading. Final design of all parking and inventory storage areas shall be subject to review and approval by the director.

3.

Parking structures shall comply with the following standards:

a.

Except for emergency-only pedestrian exits required by the chief building official, parking structure walls facing property lines that are adjacent to a residential use shall be solid and decorative, subject to development plan approval pursuant to Chapter 16.605, Development Review;

b.

Non-skid or other similar surface treatment on both floors and ramps of the parking structure shall be required to prevent tire squeals. This material shall be subject to the review and approval of the director;

c.

Rooftop parking on parcels that directly abut or are separated by an alley from a residential zoning district is only permitted if the parking structure provides a six-foot parapet on the side of the parking structure closest to the residential zoning district. This parapet shall be solid and have a surface density of four pounds per square foot; and

d.

In order to minimize noise and air impacts, exhaust vents and other mechanical equipment associated with a parking structure shall be located as far from residential uses as possible consistent with the requirements of this Zoning Code.

4.

Lighting. Lighting shall comply with Chapter 16.506, Lighting and Glare. Light sources shall be designed to contain direct and diffuse lighting and glare on the subject property.

5.

Queuing of Vehicles. An adequate on-site queuing area for service customers shall be provided. On-site driveways may be used for queuing but may not interfere with access to required parking spaces. Required parking spaces may not double as queuing spaces.

6.

Vehicle Stacking Equipment. Vehicle-stacking equipment is permitted within structures and on surface lots for employee parking and vehicle storage when screened with an eight-foot-high solid masonry wall. The wall shall be set back from the property line at least two feet so that a landscaped buffer of up to two feet in width can be provided. Parking spaces in lifts shall not be applicable in calculating parking requirements. All facilities shall comply with the city's noise ordinance and Section 16.502.10, Noise, of this Zoning Code.

7.

Resource Recovery Storage. Floor area dedicated to employee and customer parking and vehicle storage shall be excluded when applying resource recovery and recycling requirements in Section 16.501.08, Solid Waste, Recycling, and Organic Waste Storage, unless otherwise required by the director of public works in order to protect the public health, safety, and general welfare.

All businesses shall be operated according to the following standards:

A.

Customer and Employee Parking.

1.

On-site customer parking shall be provided at no charge to the customers.

2.

Areas designated for employee or customer parking shall not be used for vehicle storage or display.

B.

Loading and Unloading of Vehicles. Loading and unloading of vehicles shall comply with an off-loading plan approved by the director. The dealership operator shall be responsible and liable for any activities of a common carrier, operator, or other person controlling such loading or unloading activities to the extent any such activities violate the provisions of this chapter.

1.

Loading and unloading of vehicles is generally limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday unless the director determines that off-loading can be accomplished during another time period without disturbing nearby residents. Loading and unloading of vehicles is prohibited on Sundays and legal holidays.

2.

Vehicle off-loading shall not be permitted from streets that abut residential parcels in a residential zoning district unless no other off-loading alternative is feasible, and an alternative operational plan is approved by the director.

3.

The applicant shall prepare and submit to the director for approval a plan that complies with all requirements of this chapter.

C.

Storage of Vehicles. No automobile dealership owner, operator, or employee, for any period of time on any public street or alley, shall park or store vehicles for sale, to be repaired, that have been repaired, or that are part of an automobile rental operation associated with the dealership.

D.

Circulation. Entries and exits shall be located as far away from adjacent residential properties as reasonably feasible by means of signage and design. If structured parking or storage is used, the interior circulation system between levels shall be internal to the building and shall not require use of public ways or of externally visible or uncovered ramps, driveways, or parking areas. No arrangement shall be permitted which requires vehicles to back into a public street.

E.

Noise control. Businesses shall comply with the applicable requirements of Section 16.502.10, Noise and the following requirements, whichever is stricter:

1.

There shall be no outdoor loudspeakers. Interior loudspeakers shall produce no more than forty-five dba at a boundary abutting or adjacent to a residential parcel under normal operating conditions (e.g., with windows open if they are likely to be opened).

2.

All noise-generating equipment exposed to the exterior shall be muffled with sound-absorbing materials to minimize noise impacts on adjacent properties and shall not be operated before 7:00 a.m. or after 6:00 p.m. if reasonably likely to cause annoyance to abutting or adjacent residences and shall at all times be in compliance with the city's noise ordinance and Section 16.502.10, Noise.

F.

Toxic Storage and Disposal.

1.

Gasoline storage tanks shall be constructed and maintained in compliance with the requirements applicable to automobile service stations.

2.

Operators shall comply with the requirements of all applicable federal, state and local laws relating to the storage and disposal of toxic chemicals and hazardous waste.

G.

Air Quality.

1.

Use of brake washers shall be required in service stalls or areas that perform service on brakes employing asbestos or other materials known to be harmful when dispersed in the air.

2.

All mechanical ventilating equipment shall be directed to top story exhaust vents, which face away from abutting or adjacent residential properties.

3.

Exhaust systems shall be equipped with appropriate and reasonably available control technology to minimize or eliminate noxious pollutants, which would otherwise be emitted.

H.

Hours of Operation. Unless otherwise approved by the planning commission, if the automobile/vehicle sales and leasing use is within one hundred feet of a Residential zoning district, operation of the use shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m.

These provisions are intended to allow for the establishment of heavy and light automobile/vehicle repair facilities, including facilities accessory to a dealership, while ensuring they are located, developed, and operated in a manner that minimizes or prevents adverse effects on the environment, and to surrounding development.

A.

Structures. For any new or addition to an automobile/vehicle repair facility, entrances to individual service bays from the exterior of the building shall not face abutting residential zoned parcels.

B.

Setbacks. Any new or addition to an automobile/vehicle repair facility shall comply with the setback requirements for the zoning district in which it is located

C.

Landscaping and Screening. In addition to complying with the landscaping standards provided in subsection C below, landscaping shall comply with requirements in Chapter 16.504, Landscaping and Section 16.504.09, Water-Efficient Landscape Requirements.

D.

Transition Requirements Adjacent to Residential Zoning Districts. Where an automobile/vehicle repair use is adjacent to a residential zoning district, the following standards apply.

1.

Minimum Setbacks. Buildings used for repair that are adjacent to a residential zoning district shall be set back a minimum ten feet from the shared property line.

2.

Landscaping and Screening. A continuous planting area with a minimum width of 7.5 feet shall be provided along any interior parcel line adjacent to a residential zoning district.

E.

Lighting. All lighting shall comply with Chapter 16.506, Lighting and Glare.

F.

Vehicle Storage. Vehicles being worked on shall be stored within an enclosed building or in a parking lot that is adequately screened, with an earthen berm, screen wall or a building. Screen walls shall be located on lot lines with the exception of yards along streets, where the screen wall shall be located outside of required setbacks. Unattended vehicles shall not be parked or stored on the sidewalk adjoining the property, or on the street. Screen walls are not required when the site is located in an industrial zoning district that abuts a non-arterial street.

G.

Parking. Parking shall be provided according to the required ratios and other standards of Chapter 16.508, Off-Street Parking and Loading, as well as the following:

1.

Customer and employee parking shall not be utilized for automobile repair or storage of vehicles.

2.

No vehicle that will be or has been serviced may be parked on public streets, sidewalks, parkways, driveways, or alleys.

3.

No vehicle may be parked on the premises for the purposes of offering it for sale unless the establishment has also been approved for automobile sales.

4.

Equipment and Product Storage. Exterior storage, including tires, shall not be visible from arterial streets or a residential zoning district. No used or discarded automotive parts or equipment or permanently disabled, junked, unregistered, or wrecked vehicles may be stored outside of the main building, except in an approved location on-site. Parts or equipment may be temporarily stored outdoors for no longer than one week but shall be screened from street view.

A.

Work Areas.

1.

All work shall be conducted within an enclosed building, except pumping motor vehicle fluids, checking and supplementing fluids, and mechanical inspection and adjustments not involving any disassembly.

2.

Automobile repair facilities performing body and fender work or similar noise-generating activities shall be conducted in fully enclosed structures with walls of concrete block or similar materials and doors in maximum half open position during operating hours. All painting shall occur within a fully enclosed booth.

3.

Existing automobile repair facilities with structures that have doors on opposite ends of individual service bays shall be required to leave any such door facing a residential district or use fully closed during repair activities.

4.

Outdoor lifts are prohibited.

B.

Spray/Paint Booths. Spray booth stacks shall be screened from arterial streets and shall be separated a minimum of five hundred feet from residential zoning districts, parks, schools, and daycare centers. the planning commission or director may reduce this separation to no less than one hundred feet if a human health risk assessment (HHRA), prepared by a qualified professional, demonstrates to the satisfaction of the planning commission or director that levels of spray booth chemicals present in the ambient air at adjacent properties will be below applicable thresholds of concern for human health.

C.

Vehicles Awaiting Repair. All vehicles awaiting repair shall be parked on-site. No vehicles shall be parked on a public street, or an adjoining sidewalk including those towed to the automobile repair facility. The hoods of vehicles awaiting parts or repair parked outside shall remain closed at all times while work is not being performed. Any disassembled vehicles awaiting parts or repair for twenty-four hours or longer shall be stored inside of a building.

D.

Noise. All building enclosures for body and fender or similar noise generating activity shall include sound-attenuating measures incorporated into the building design and construction to absorb noise. Bay openings shall be oriented so as to minimize the effects of sound emanating from the auto repair building towards residential uses, outdoor restaurant seating, and outdoor reception areas. Compressors shall be located within separately enclosed, sound-attenuated rooms.

E.

Air Quality.

1.

Use of brake washers shall be required in service stalls or areas that perform service on brakes employing asbestos or other materials known to be harmful when dispersed in the air.

2.

All mechanical ventilating equipment shall be directed to top story exhaust vents, which face away from abutting or adjacent residential properties.

3.

Exhaust systems shall be equipped with appropriate and reasonably available control technology to minimize or eliminate noxious pollutants, which would otherwise be emitted.

F.

Hours of Operation. Unless otherwise approved by the director or planning commission, if the automobile/vehicle repair use is within one hundred feet of a residential zoning district, operation of the use shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m.

These provisions are intended to ensure that automobile and vehicle washing facilities, including small-scale facilities that are not accessory to another auto-related use are located, and operate in a manner that minimizes or prevents adverse effects on the environment, and to surrounding development.

A.

Locational Limitations. Regular facilities shall not abut a residential zoning district.

B.

Washing Facilities. A recycled water system is required.

C.

Landscaping. In addition to complying with the landscaping standards in Chapter 16.504, Landscaping, and Section 16.504.09, Water-Efficient Landscape Requirements, additional screening and landscaping may be required where necessary to prevent visual impacts of a small-scale facility that is adjacent to a residential zoning district. The following landscaping standards shall also apply:

1.

A minimum of fifteen percent of the site shall be landscaped. A planting strip at least five feet wide shall be provided along all interior parcel lines, non-driveway street frontages, and adjacent to buildings. Planters shall be surrounded by masonry or concrete curbs and arranged to preclude motor vehicles from driving across the sidewalk at locations other than access driveways. Permanent opaque landscaping or berm, as defined in Chapter 16.505, Fences, Walls and Screening shall be provided and maintained in the planters at a height of not less than three feet above the average adjacent grade.

2.

A landscape planter at least fifty square feet in area shall be provided at the intersection of two property lines at a street corner.

3.

All street trees shall be preserved or replaced where missing, as required by the city, and driveways and vehicle approaches shall be designed so as not to necessitate the removal of any existing street trees.

D.

Location of Activities. All washing, vacuuming, waxing, machine drying, and related activities and operations shall be conducted entirely within an enclosed service building, except hand drying of vehicles.

A.

Hours of Operation. Washing facilities are limited to 7:00 a.m. to 11:00 p.m., seven days a week except for the following additional restrictions:

1.

When abutting or adjacent to a residential zoning district, the hours of operation are limited to 8:00 a.m. to 7:00 p.m., seven days a week.

B.

Outdoor Loudspeakers. There shall be no outdoor loudspeakers or public address systems.

These provisions allow for the establishment of bed and breakfast lodging facilities on properties used for single-unit residential occupancy, in a manner that does not adversely affect surrounding residential uses. Additional more specific purposes are:

A.

To assist in preservation and adaptive reuse of city historic resources;

B.

To serve visitors to Vallejo and nearby areas;

C.

To assure compatibility with residential neighborhood surroundings; and

D.

To minimize impacts on local rental housing stock, to the extent permitted by state law.

A.

Minor Use Permit Required. All bed and breakfast establishments require a minor use permit pursuant to Chapter 16.606, Minor and Major Use Permits.

B.

Permitted Locations.

1.

A bed and breakfast lodging may only be located and operated in a single-unit dwelling or a legally established accessory structure located on a parcel that meets the minimum size requirements of the zoning district where the lodging establishment is located. Establishments that are legally established in a structure the city has designated an historic or architectural resource are exempt from the minimum parcel size requirement of the zoning district.

2.

The owner of the residential dwelling or a resident manager representing the owner shall occupy the premises as a primary residence.

C.

Development and Operating Requirements.

1.

Limitation on rental period. No room shall be rented to any guest for more than fifteen consecutive days or thirty days in any calendar year.

2.

Limitation on services provided. Meals and rental of bedrooms shall only be prepared and served to registered guests. Separate or additional kitchens for guests are prohibited.

3.

Design. The exterior appearance of any structure occupied by a bed and breakfast establishment in any residential zoning district may not be altered in any way that detracts from its original character as a single-unit residential dwelling.

4.

Signage. Signage is permitted if it complies with the applicable requirements for single-unit residential units in the district.

5.

Parking. A bed and breakfast lodging is only permitted where the existing primary residential use meets the off-street parking requirements in Chapter 16.508, Off-Street Parking and Loading. Except for city-designated historic and architectural resources pursuant to Chapter 16.614, Architectural Heritage and Historic Preservation, parking for the bed and breakfast use shall be provided at a ratio of one space per room for rent in addition to the parking required for the primary residential use. Such spaces shall be individually accessible and may not encumber access to a required parking space for the residential use.

D.

Special Events. Special events in compliance with the requirements of this chapter shall be permitted with approval of temporary use permit in accordance with Chapter 16.339, Temporary Uses. Such events shall be accessory to the lodging and normal dining operations of the inn and may include, but are not limited to, weddings, parties, receptions, special dining services, and mystery dinners or weekends. Permitted special events shall be limited to paying guests of the inn and their invited guests.

1.

Such events shall be limited to a maximum of six events per calendar year, with no more than one event per month.

2.

Events shall be limited to the hours of 10:00 a.m. to 10:00 p.m. and may last no more than six hours.

3.

No amplified music or speech shall be allowed in conjunction with special events.

4.

The number of persons allowed at any event shall be limited to those approved in the minor use permit.

These provisions establish regulations for the operation of commercial cannabis uses, in a consistent manner with the general plan, this Zoning Code and the requirements of the Chapters 7.100 and 7.200 of the Vallejo Municipal Code. All permits issued in accordance with Vallejo Municipal Code Chapter 7.100 to operate establishments engaged in the retail, processing, cultivation or distribution of cannabis will be void by January 1, 2022. Operations may only continue upon approval of a minor use permit and Vallejo Municipal Code Chapter 7.200 Regulatory Permit.

Commercial cannabis establishments, including, but not limited to cultivation, distribution, manufacturing, testing and retail uses shall comply with the procedures of the Vallejo Municipal Code, State law, and the regulations of this Zoning Code. Where the Zoning Code conflicts with state law, the more restrictive standards shall apply.

A.

Permits Required.

1.

All cannabis uses shall obtain and maintain all required State and local permits and licenses including the corresponding local permits required under Chapter 7.200 of the Vallejo Municipal Code.

2.

Minor Use Permits pursuant to Chapter 16.606, Minor and Major Use Permits, will only be granted to establishments operating in compliance with applicable State laws and regulations.

3.

Revocation of the state cannabis license (e.g., Microbusiness license) or the local permit to operate under Chapter 7.200 of the Vallejo Municipal Code shall be grounds for revocation of the minor use permit for the cannabis cultivation, distribution, manufacturing and testing laboratory use.

4.

Valid and applicable state and local licenses and permits shall be publicly displayed at all times during hours of operation.

5.

Operations and location requirements shall at all times comply with applicable regulations contained in Title 16 of the California Code of Regulations as those may be updated from time to time by the California Bureau of Cannabis Control.

B.

Locational Limitation.

1.

Retail sale of cannabis for recreational and medical purposes is permitted in the NMX, CC, NC, RC, IL, and IG Zoning Districts subject to the approval of a minor use permit pursuant to Chapter 16.606, Minor and Major Use Permits.

2.

Cannabis cultivation, distribution, manufacturing, and testing laboratories are allowed in the IL and IG Zoning Districts, and in the White Slough Specific Plan Area, Zone 1A which is the zoned CC, subject to the approval of a minor use permit pursuant to Chapter 16.606, Minor and Major Use Permits.

3.

No cannabis cultivation, distribution, manufacturing, testing laboratory or retail use may be located within a six hundred-foot radius of a school providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center as defined in Health and Safety Code Section 11353.1.

4.

The distance specified in this chapter shall be the horizontal distance measured in a straight line from the property line of the school or center to the closest property line of the lot on which the permittee is to be located without regard to intervening structures.

C.

Development and Operation Standards. Cannabis cultivation, distribution, manufacturing and testing laboratory establishments shall comply with the following restrictions:

1.

Where this code conflicts MAUCRSA design and development standards, the more restrictive standards shall apply. All applicable zoning district requirements must be met, together with the following requirements:

2.

Development and Operational Standards:

a.

General. All activities shall occur within a secure fence at least eight feet in height that fully encloses the area. The fence must include a lockable gate(s) that is locked at all times, except for during times of active ingress/egress.:

i.

No person under age eighteen shall be allowed on the property.

ii.

The site shall not be open to the general public.

iii.

No transactions outside, or partially outside of an enclosed building are permitted. No transactions which are performed through walk-up or drive-through service are allowed.

iv.

No use, inhalation, smoking, eating, ingestion, or otherwise consumption of cannabis on the property, including the parking areas of the property.

v.

No exhibition or product sales area or retail sales are allowed on the premises.

b.

Cultivation:

i.

The canopy shall not exceed ten thousand square feet; and

ii.

All cannabis cultivation shall occur indoors, completely enclosed in a structure with opaque walls, and shall not be visible from any public right-of-way

c.

Lighting:

i.

Exterior perimeter lighting shall be in place prior to operation;

ii.

Exterior lighting shall be Code compliant LED fixtures or high efficacy luminaries, and shall have an illumination intensity of between one and four foot candles;

iii.

Lights shall be directed and shielded so as not to illuminate into adjoining properties;

iv.

Lights shall have a housing to protect against breakage;

v.

Broken or burnt out lights shall be replaced within five calendar days;

vi.

Transitional lighting shall be incorporated in exterior areas going to and from buildings or uses within a site; and

vii.

Trees and shrubs shall not interfere with the distribution of lighting as required by this section.

d.

Signs:

i.

A sign shall be posted on the door or in view of the entrance stating that no person under the age of eighteen is allowed on site; and

ii.

A sign shall be posted stating that the use or consumption of cannabis or cannabis products on or near the premises is prohibited; and

iii.

A sign shall be posted stating loitering on or near the premises is prohibited; and

iv.

A sign shall be posted outside the facility in full public view that contains contact information of the city manager's office for both in case of an emergency situations and for public concern of operations.

v.

Other requirements as prescribed in Chapter 16.509, Signs.

e.

Fencing, screening and landscaping:

i.

All fencing shall be eight feet tall, solid fence, masonry or board-on-board as approved by the planning manager or designee.

ii.

Shrubs located next to pedestrian walkways and other vulnerable areas as determined by the planning manager or his or her designee shall not exceed three feet in height at maturity;

iii.

Trees shall be pruned up to six feet above ground;

iv.

Trees and shrubs shall be pruned back from windows, doors and walkways;

v.

Decorative stone, brick, and other masonry material shall be grouted to prevent removal by hand;

vi.

Entrances to the site and parking lots shall be defined with landscaping or entry feature;

vii.

Outdoor waste and recycle bins shall be contained within a locked structure to prevent unauthorized entry; and

viii.

Other requirements as prescribed in Chapter 16.508, Landscaping.

f.

Noise:

i.

The use of generators is prohibited, except as short-term temporary emergency back-up systems; and

ii.

Other requirements as prescribed in Chapter 16.502.10 Noise.

g.

Odor control: A sufficient odor-absorbing ventilation and exhaust system shall be installed to ensure that odor generated by the use is not detected outside the property, anywhere on adjacent properties or public rights-of-way, or within any other unit located within the same building as the cannabis use.:

h.

Maintenance:

i.

Property shall be maintained free of debris, litter and trash; and

ii.

Comply with Chapter 7.54, Property Maintenance of the Vallejo Municipal Code.

i.

Other performance standards: comply with all requirements prescribed in Chapter 16.502, Performance Standards.

D.

Retail Sales of Cannabis. Where this code conflicts MAUCRSA design and development standards, the more restrictive standards shall apply. All applicable district requirements are met, together with the following requirements:

1.

Development and Operational Standards. Retail sales of cannabis uses shall comply with development standards specified in the applicable zoning district. Such uses shall also comply with the following standards:

a.

General:

i.

No person under age eighteen (for medical retail sales of cannabis) or twenty-one (for recreational retail sales of cannabis) shall be allowed on the property.

ii.

No transactions outside, or partially outside of an enclosed building are permitted. No transactions which are performed through walk-up or drive-through service are allowed.

iii.

The property shall not include patio or cafe seating, unless used exclusively for employees in an area not accessible to the general public.

iv.

No use, inhalation, smoking, eating, ingestion, or other consumption of cannabis in any form shall be allowed on the property, including the parking areas of the property.

v.

No alcohol shall be consumed, made available, sold, offered for sale, given, distributed, traded, or otherwise provided to customers, employees, guests, visitors, or volunteers.

vi.

No retail sales of cannabis shall occur, in any form, to anyone between the hours of 10:00 p.m. and 6:00 a.m., except delivery.

vii.

The property complies with all applicable California State Building Code provisions, the city's property maintenance ordinance and is maintained free of debris, litter and trash.

viii.

All transactions, including but not limited to cash or in-kind contributions, reimbursement or compensation, shall be fully documented.

ix.

The owner will have a written security plan including procedures for verifying identification and age of purchasers. The plan must include a description of licensed and uniformed security guards who must be present on site during hours of operation, including their number, location and hours, as well as a theft prevention plan including locked exterior doors and windows during the times the business is closed. The licensed and uniformed security guard best practices shall comply with state law.

x.

The point of sale software used to track retail sales must be acceptable to the finance director.

xi.

Retail sellers of cannabis may only use one name to identify themselves in the minor use permit, the local regulatory permit, the state license and any other state or local permit that may be required.

b.

Limitations on retail area in industrial zones. In the IL and IG zoning districts, no more than fifty percent of the floor area shall be devoted to retail sales.:

c.

Lighting:

i.

Exterior perimeter lighting shall be in place prior to operation;

ii.

Exterior lighting shall be Code compliant LED fixtures or high efficiency luminaries, and shall have an illumination intensity of between one and four foot candles;

iii.

Lights shall be directed and shielded so as not to illuminate adjoining properties;

iv.

Lights shall include housing to protect against breakage;

v.

Broken or burnt out lights shall be replaced within forty-eight hours;

vi.

Transitional lighting shall be incorporated in exterior areas providing access to and from buildings or uses within a site; and

vii.

Trees and shrubs shall not interfere with the distribution of lighting as required by this section.

d.

Signs:

i.

A sign shall be posted on the door or in view of the entrance stating that no person under the age of eighteen (for medical retail sales of cannabis) or twenty-one (for recreational Retail sales of cannabis) is allowed on site.

ii.

A sign shall be posted stating that the use or consumption of cannabis or cannabis products on or near the premises is prohibited.

iii.

A sign shall be posted stating loitering on or near the premises is prohibited.

iv.

A sign shall be posted outside the facility in full public view containing City contact information for both emergency situations

H.

Cannabis Accessory Uses. The following accessory uses may be permitted, whenever the applicable state permit has been obtained, and subject to a zoning compliance review pursuant to Chapter 16.603, Zoning Compliance Review, whenever the principal use is retail sales of cannabis.

1.

Cannabis manufacturing may be permitted as an accessory use subject to the following restrictions:

a.

The extraction process shall consists of separating cannabinoids from cannabis plant material solely by press or non-volatile solvent between the temperatures of sixty and two hundred degrees Fahrenheit.

b.

The extraction shall take place in an area not to exceed one hundred square feet located within or attached and internally connected to the principal structure.

c.

The infusion process shall consist of the direct incorporation of cannabis, cannabinoids, or cannabis concentrates into an edible, topical or other product to produce a cannabis product.

d.

The cannabis manufacturing shall not exceed ten percent of the total floor area of the principal use or five hundred square feet, whichever is less.

e.

The manufacturing space is only accessible to employees and shall not be visible to the general public.

2.

Cannabis distribution may be permitted as an accessory use subject to the following restrictions:

a.

The area utilized for cannabis distribution shall not exceed thirty percent of the total floor area of the principal use or one thousand and five hundred square feet, whichever is lesser.

b.

The distribution storage area hall be fully enclosed within or attached and internally connected to the principal structure.

c.

The distribution storage area shall only be accessible to employees and shall not be visible to the general public.

3.

A separate application for zoning compliance review will not be required if the retail sales of cannabis applicant includes manufacturing and/or distribution as accessory use (s) consistent with this chapter, in the initial minor use permit application,

4.

The premises shall be subject to fire, building and health inspection by the city and other regulatory agencies and the accessory use permitted thereon shall be contingent upon compliance with fire, building and health regulations and requirements.

5.

In conformance with the criteria and standards listed in the section, accessory uses shall not adversely affect the neighborhood in which they are located. For the purposes of this subsection, "adversely affect" shall mean to impact in a substantial, negative manner the economic value, habitability, or enjoyability of properties in the immediate area.

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

A.

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

B.

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

1.

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

2.

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

3.

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

A.

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

1.

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

2.

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

3.

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

a.

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

b.

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

c.

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

d.

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

e.

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

B.

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

1.

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

2.

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

3.

Achieve the findings for the exception permit granted; or

4.

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

C.

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

These provisions establish requirements and regulations for the creation and operation of community gardens; aligned with the general plan's healthy community policies, that contribute to the social, economic, and environmental well-being of residents. Additionally they intend to:

A.

Increase community access to fresh local produce;

B.

Strengthen the health and social environment of the community by supporting projects that engage and involve a wide variety of community members while providing an opportunity for physical exercise;

C.

Provide a potential source of additional income to households and individuals through cooperative marketing of home-grown produce;

D.

Improve the natural environment by adding vegetation that reduces greenhouse gas emissions;

E.

Beautify neighborhoods by reducing the blighting effect of vacant lots; and

F.

Ensure that urban agricultural activities are compatible with and do not have negative impacts on surrounding residents.

A.

Zoning Compliance Review Required. Community gardens are allowed as a primary or interim use in as provided in Table 16.301-A: Land Use Regulations, subject to a determination of zoning compliance review as provided for in Chapter 16.603, Zoning Compliance Review.

B.

Interim Use. When an application proposes establishing a community garden as an interim use, the application shall specify the proposed duration of the use.

C.

Garden Management. Community gardens can be organized by community groups, nonprofit organizations, the city, or landowners. In all cases, the garden shall be managed by a garden coordinator who serves as liaison between gardeners, property owners, and the city, and shall be operated according to a set of rules addressing governance, hours of operation, maintenance and security responsibilities, and the system for assigning plots.

D.

Structures. Structures are limited to storage sheds, plant cultivation structures (greenhouses, hoop houses, and cold frames), benches, bike racks, raised planting beds, compost or waste bins, picnic tables, fences, and rain barrel systems. Individual structures may not exceed one hundred twenty square feet in size or twelve feet in height without a building permit. The combined area of all covered structures excluding compost bins and trash enclosures shall not exceed fifteen percent of the garden area. All structures shall meet the setback requirements of the underlying zoning district and Section 16.501.02, Accessory Buildings and Structures.

E.

Fencing. Community gardens shall be fenced in accordance with the development standards of the underlying zoning district and the applicable requirements of Section 16.505, Fences, Walls and Screening.

F.

Signs. One sign per street frontage is permitted. Signs shall not exceed four square feet of sign face area and shall not exceed six feet in height. The sign shall include a contact telephone number and/or contact e-mail address/website address for the garden coordinator. No advertising for garden sponsors, donors, supporters, suppliers, etc. is permitted on site.

G.

Water. Community gardens shall have a metered water supply with costs paid by the garden coordinator on behalf of the body.

1.

Watering may be provided by a drip irrigation system or by hand using a hose or watering can.

2.

The garden coordinator shall provide information to plot holders including advice on water conservation, mulching, effective watering techniques, etc.

H.

Composting. Composting in compliance with the following requirements may be performed on the site:

1.

Compost materials shall be stored in a container or containers located at least three feet from an adjacent property in a manner that is not visible from any adjacent property

2.

Odors and infestation shall be controlled so they do not exceed levels typically found in a well-maintained residential garden;

3.

Compost materials may only be generated on site or by active members of the community garden.

I.

Solid Waste, Recycling, and Organic Waste. Appropriately sized trash and recycling receptacles shall be screened and located on the site in compliance with the applicable requirements of Section 16.501.08, Solid Waste, Recycling, and Organic Waste Storage. The garden coordinator shall be responsible for arranging for and making payment for regular trash collection. The operating rules shall encourage onsite composting of plant materials only and encourage gardeners to take their trash off-site for disposal.

J.

Lighting. Outdoor lighting shall be located and designed to meet the applicable requirements of Chapter 16.506, Lighting and Glare, to avoid glare that would be visible from adjacent properties. Low level light controlled by motion sensors is preferred.

K.

Other Operational Requirements.

1.

Allowable uses include the cultivation of fruits, vegetables, plants, flowers, or herbs. The cultivation of cannabis and any plants prohibited by the Solano County Department of Agriculture is not allowed.

2.

Gardening activity shall be conducted between the hours of 7:00 a.m. and 8:00 p.m. or sunset, whichever is more restrictive.

a.

Heavy equipment may be used initially to prepare land for agricultural use;

b.

Landscaping equipment designed and used for home use is permitted;

c.

Equipment shall be enclosed or screened from sight when not in use.

3.

Plants and produce grown in a community garden may be sold and marketed in the following manner:

a.

At farmers' markets subject to compliance with the market's rules and requirements;

b.

Community garden members may sell plants and flowers that they have grown on their own plots as a home-based business subject to the requirements of Chapter 16.321, Home-Based Business.

c.

Produce may be distributed or sold from the community garden site subject to approval of a temporary use permit issued in compliance with Chapter 16.339, Temporary Uses.

These regulations are intended to facilitate the establishment of state-licensed day care centers for seniors and children in safe and convenient locations to help meet the need for day-time care in a supervised setting. Pursuant to Health and Safety Code Section 1502, an adult day care is a community care facility maintained and operated to provide nonmedical care. In the event of conflict between these requirements and the provisions of state law, the state law shall prevail.

A.

Family Day Care Facilities. Family day care facilities are permitted by-right as an accessory use of residential property in any zoning district or specific plan area where residential uses are permitted and shall be considered a residential use for purposes of zoning regulations.

B.

Adult Day Care. Licensed adult day care facilities are permitted subject to compliance with the requirements applicable to the zoning districts where they are located and the requirements of this chapter.

C.

Child Care and Early Education Facilities. Child care and early education facilities are permitted subject to compliance with the requirements of the State Health and Safety Code, applicable standards of the zoning districts where they are located and the following requirements:

1.

Fences and Walls. Outdoor play areas shall be enclosed by a fence of at least four feet in height. In a required front setback, the minimum four-foot height shall be allowed by right. However, the fence height in a required front setback may not exceed four feet in height unless permitted through approval of an adjustment consistent with Chapter 16.505, Fences, Walls, and Screening and Chapter 16.608, Exceptions. Materials, textures, colors, and design of the fence or wall shall be compatible with on-site development and adjacent properties. All fences or walls shall provide for controlled points of entry.

2.

Outdoor Play Area. For child care and early education facilities, outdoor space shall be provided for children older than two years in compliance with applicable state requirements. This area shall be either owned or leased by the applicant and cannot be shared with other property owners unless written permission is granted by the other property owners. This requirement may be waived if the applicant can demonstrate that there is a public park, school, or other public open area in close proximity to the facility that complies with the state licensing regulation.

3.

Organized Outdoor Activities—Hours. If the child care and early education facility is located within or adjacent to a residential zoning district, or adjacent to a residential use, organized outdoor activities shall be limited to the hours of 8:00 a.m. to 8:00 p.m. or sunset, whichever comes first, on weekdays and 9:00 a.m. to 8:00 p.m. or sunset, whichever comes first, on weekends.

D.

Additional requirements. All large adult day care and child care and early education facilities are subject to the following additional requirements:

1.

Passenger Loading. A passenger loading plan shall be required for all large adult day care and child care and early education facilities subject to the approval of the director. All loading facilities shall be located off-street and within the subject property. The director may authorize up to one required on-street passenger loading space along a frontage curb for certain designated times.

2.

Neighborhood Liaison. All day care facilities shall designate an on-site contact person to serve as a neighborhood liaison to address any neighborhood concerns related to the child care and early education facility operation.

These regulations ensure that drive-in and drive-through facilities operate in a manner that protects public health, safety and welfare and does not detract from the aesthetic character of districts and neighborhoods. More specifically, to prevent:

A.

Interference with vehicle circulation and pedestrian activity;

B.

The generation of solid waste and litter in the surrounding area;

C.

Light, glare, and noise that will adversely affect nearby residents and surrounding businesses.

All restaurants with a drive-through require approval of a Major Use Permit under Chapter 16.606, Minor and Major Use Permits.

A.

Circulation. Drive-through facilities shall provide safe, unimpeded movement of vehicles at street access points, in travel aisles, and parking areas. A site plan showing directional movements for interior traffic circulation shall be provided for review by the Public Works Director.

B.

Pedestrian Walkways. Vehicle aisles shall not intersect with interior pedestrian walkways, unless no alternative exists. In such cases, pedestrian walkways shall have clear visibility, emphasized by enhanced paving or markings.

C.

Queuing. Vehicular queuing areas shall be provided to ensure that vehicles waiting for service will not interfere with public rights-of-way, private streets, or with on- or off-site parking and circulation. The queuing area size and location shall be reviewed and approved by the Public Works Director. Automobile stacking shall comply with Section 16.508.10, Stack-up spaces for Drive-in and Drive-Through Facilities.

D.

Screening. Each drive-through aisle shall be screened with a combination of decorative walls and landscape to a height of 36 inches to prevent headlight glare and direct visibility of vehicles from adjacent streets and parking lots.

E.

Site Design.

1.

Drive-through elements shall be placed to the side or rear of the building. Drive-through windows shall be oriented away from the street frontage and provide adequate screening measures through landscaping and design to minimize visibility of the drive-through.

2.

The design of freestanding drive-through facilities shall be compatible with the principal building, in terms of building color, materials, and form.

F.

Site Maintenance. The site shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, and debris from premises and on all abutting sidewalks within 100 feet of the premises. One permanent, non-flammable trash receptacle shall be installed near to the entrance/exit of the building and near the drive-through lane.

G.

Solid waste, Recycling, and Organic Waste. Solid waste and recycling containers shall be provided in locations suitably enclosed and screened from a public right-of-way.

These provisions regulate temporary, short-term housing for homeless families and individual persons; implementing the housing element of the general plan, and state law to allow emergency shelters by right in specific districts. Any application for an emergency shelter facility that meets the requirements in this chapter shall not require a discretionary permit, per Section 65583(a)(4) of the California Government Code.

A.

Emergency shelters shall obtain and maintain in good standing all required licenses, permits and approvals from city, county, state and federal agencies or departments and demonstrate compliance with all applicable building and fire codes.

B.

The emergency shelter shall conform to all property development standards of the zoning district in which it is located, except as modified by these performance standards.

C.

The length of stay of an individual client shall not exceed six months within a twelve-month period.

D.

The maximum number of beds for emergency shelters shall be fifty unless a major use permit is approved to permit additional beds.

E.

External lighting shall be provided for security purposes. The lighting shall be stationary and directed away from adjacent properties and the public right-of-way in compliance with Chapter 16.506, Lighting and Glare.

F.

No more than one emergency shelter shall be permitted within a radius of three hundred feet from another such shelter when measured from the closest property lines. An exception to this separation requirement may be granted if significant physical features act as barriers from said sensitive uses, such as a freeway, or railroad right-of-way.

G.

Parking facilities shall be designed to provide security for residents, visitors, and employees with the minimum number of parking spaces to be determined by the director based on project specific details. A covered and secured area for bicycle parking shall be provided for use by staff and client, commensurate with demonstrated need, but no less than a minimum of eight parking spaces. Shared parking is allowed through an agreement with other nearby property owners, and remote parking with shuttle service is allowed through an agreement with the parking lot/s owner. On-street parking may be allowed, but for employees only.

H.

A client waiting and intake area shall be provided as interior space and contain a minimum size of one hundred square feet of floor area.

I.

Outdoor charitable food distribution shall be conducted entirely on private property in a covered area during times that are approved by the city and shall not block accessible pathways. Hours of operation shall be the same as the hours of operation for social services centers and government offices in the zoning district where the facility is located unless the director determines that extending the hours will not interfere with or adversely affect surrounding uses based on the circumstances of the application.

J.

No signs shall be placed on the property identifying its use as a shelter for the homeless.

K.

Donation/collection bins and areas shall be screened from public view and shall be open to the public between the hours of 9:00 a.m. to 6:00 p.m. A sign stating hours of operation shall be placed in a clear, visible location and shall be no larger than fifteen square feet.

L.

Adequate storage for personal belongings shall be provided.

M.

The city may inspect the facility during business hours for compliance with the management plan and any other applicable regulations and standards.

N.

A minimum of one staff person or agent shall be on-duty and awake when the facility is in operation.

O.

Management Plan. The applicant or operator shall submit a management and operations plan for the emergency shelter for review and approval by the director prior to approval of a business license. The plan shall include, but not be limited to, the following:

1.

Security.

2.

Staff training.

3.

Neighborhood relations.

4.

Pet policy.

5.

Client intake process.

6.

List of services provided.

7.

Facility maintenance.

8.

Solid waste control.

9.

Amenities, such as hours of operation, cooking/dining facilities, laundry facilities and activity policies.

10.

Anti-discrimination policies.

P.

The management plan may be reviewed as needed by the city with revisions made by the operator.

These provisions establish regulations for the creation and operation of farmers' markets; implementing the general plan's healthy community policies and contributing to the social, economic, and environmental well-being of residents. More specifically, to:

A.

Increase community access to fresh local produce;

B.

Strengthen the health and social environment of the community by supporting projects that engage and involve a wide variety of community members while providing an opportunity for physical exercise;

C.

Promote a use that encourages pedestrian activity in areas of the city where they are located;

D.

Promote local events such as small music venues and performing arts; and

E.

Promote economic opportunities for local artists, food purveyors and local vendors.

A.

Minor Use Permit Required. A farmers' market shall require a minor use permit, pursuant to Chapter 16.606, Zoning Compliance Review.

B.

Other Licenses and Permits. The market operator and vendors shall be approved by the director and secure all necessary licenses, certificates and health permits, including permits for street closure, and encroachment permit from the public works department if applicable. All permits (or copies of them) shall be in the possession of the farmers' market manager during all hours of operation.

C.

Qualified Operator. Farmers' markets must be operated by one or more produces, a non-profit organization, a local government agency or a combination thereof.

D.

Management Plan. A written management plan shall be prepared and provided to the director for review and approval. The management plan shall include the following:

1.

Identification of a market manager or managers, who shall be present during all hours of operation.

2.

A set of operating rules addressing the governance structure of the market; the method of assigning booths and registering vendors; hours of operation; maintenance; security; solid waste collection; and parking.

3.

Location with map and streets and information as to which streets and sidewalks will be impacted.

4.

Outreach plan to local businesses impacted with a written communication plan and business engagement plan.

5.

Parking and pedestrian plan for visitors.

6.

Traffic plan approved by the traffic engineer, and review by the police department for implementation.

7.

Waste disposal plan shall be approved by the franchise waste hauler for pick-up.

E.

Hours of Operation. Market activities may be conducted between 7:00 a.m. and 8:00 p.m., Monday through Saturday. On Sundays 7:00 a.m. to 4:00 p.m. Set-up of market operations cannot begin more than one hour prior to the operational hours of the market and take-down shall be completed within one hour of the close of the market.

F.

Waste Disposal. Adequate composting, recycling, and trash containers shall be provided during hours of operation and shall be removed from site for appropriate disposal. The site shall be cleaned at the end of each day of operations, including the removal of all stalls and debris.

G.

Pedestrian Clearance. A farmers' market shall not obstruct any sidewalk or path or ADA accessible area that is part of a pedestrian circulation system.

These provisions ensure that group residential developments provide for the housing needs of the community, while not adversely impacting adjacent parcels or the surrounding neighborhood and its resident's health, safety, and general welfare.

A.

Maximum Number of Private Living Quarters. If the building contains a common kitchen, dining and living space, adequate to serve all residents, the total number of private living quarters may exceed the maximum density that is otherwise is permitted by standards applicable to residential development in the zoning district where the project is located.

B.

Kitchen Facilities. Private living quarters may have one-wall efficiency kitchen facilities, excluding an oven and dishwasher.

C.

Laundry Facilities. The development shall provide laundry facilities or services adequate to meet the needs of all residents.

D.

Common Facilities. In addition to the required central cooking facility, dining room, and living space, the development may provide facilities such as the following for the exclusive use of the residents including, but not limited to: Beauty salon and barber shop; Small pharmacy; Therapy rooms; Cafes; Recreation room; Library; Laundry facilities.

E.

Security. Parking garages, surface parking, and private and common areas located outside the building shall be designed to protect the security of residents, guests and employees by controlling access to the facilities by other persons. Adequate external lighting shall be provided for security purposes and shall meet the requirements of Chapter 16.506, Lighting and Glare.

F.

Management Plan. All facilities shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to ensure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents.

These provisions ensure that all projects and facilities involved in the handling or storage of hazardous materials, defined by Vallejo Municipal Code Section 7.40.150, Hazardous Materials, provide adequate protection for public health and the environment. Facilities and uses that handle materials identified as hazardous to human health or the environment, are pursuant to all applicable federal and state regulations.

All hazardous waste facility projects require a major use permit pursuant to Chapter 16.606, Minor and Major Use Permits.

A.

Standards and location criteria. Projects shall comply with any applicable requirements set forth in the Solano County Operational Area Plan and the following criteria.

1.

Proximity to Populations. Residuals repositories shall be a minimum distance of two thousand from any residence.

2.

Capability of Emergency Services. All facilities shall be located in areas where fire departments is able to respond immediately to hazardous material accidents, where mutual aid and immediate aid agreements are well established and where demonstrated emergency response times are the same or better than those recommended by the National Fire Prevention Association. In addition, hazardous materials accident response services at the facility may be required based on the type of wastes handled or the location of the facility.

3.

Flood Hazard Areas. Hazardous waste repositories are prohibited in areas subject to inundation by floods with a one hundred-year return frequency and shall not be located in areas subject to flash floods and debris flows. All other facilities shall not locate in floodplains or areas subject to flash floods and debris flows unless they are designed, constructed, operated, and maintained to prevent migration of hazardous wastes in the event of inundation.

4.

Proximity to Active or Potentially Active Faults. All facilities are required to have a minimum two hundred-foot setback from a known active earthquake fault.

5.

Slope Stability. Any hazardous waste repositories are prohibited in areas of potential rapid geologic change. All other facilities shall not locate in areas of potential rapid geologic change unless containment structures are designed, constructed, and maintained to preclude failure as result of such changes.

6.

Subsidence/Liquefaction. Residuals repositories are prohibited from locating in areas of potential rapid geologic change. All other facilities shall avoid locating in areas of potential rapid geologic change unless containment structures are designed, constructed, and maintained to preclude failure as a result of such changes.

7.

Discharge of Treated Effluent. Facilities generating wastewater shall be located in areas with adequate sewer capacity to accommodate the expected wastewater discharge. If sewers are not available, the site should be evaluated for ease of connecting to a sewer or for the feasibility of discharge directly into a stream or the ocean. All facilities should comply with all state and federal permitting requirements.

8.

Depth to Groundwater. Residuals repositories and facilities with subsurface storage and/or treatment are prohibited in areas where the highest anticipated elevation of underlying groundwater is five feet or less from the lowest subsurface point of the facility. At all facilities, the foundation of all containment structures at the facility shall be capable of withstanding hydraulic pressure gradients to prevent failure due to settlement, compression, or uplift as certified by a California-registered and licensed engineer.

9.

Groundwater Monitoring. Residuals repositories and facilities with subsurface storage and/or treatment shall develop a program that successfully satisfies the regional water quality control board permit requirements for groundwater monitoring.

10.

Major Aquifer Recharge Area. Residuals repositories are prohibited within any area known to be, or suspected of, supplying principal recharge to a regional aquifer. Facilities with subsurface storage or treatment shall be located at least one-half mile away from potential drinking water sources. All other facilities located in areas known to be or suspected of providing recharge to an existing water supply well, shall provide for increased spill containment and inspection measures.

11.

Soil Permeability. Soil permeability requirements for disposal and subsurface treatment and storage facilities shall conform to those required by the State Water Resources Control Board. All other above-ground facilities shall have engineered structural design features common to other types of industrial facilities. These features shall include spill containment and monitoring devices. All other facilities may be located in areas where surficial materials are principally highly permeable if adequate spill containment and inspection measures are employed.

12.

Existing Groundwater Quality. Residuals repositories are allowed only where the uppermost water-bearing zone or aquifer is presently mineralized (by natural or human induced conditions) to the extent that it could not reasonably be considered for beneficial use. All other facilities located in areas where existing groundwater quality is Class 1 or Class 2 shall provide increased spill containment and inspection measures.

13.

Proximity to Areas of Waste Generation. Subject to other standards and criteria described herein, all facilities shall be located in areas best suited for providing services to any hazardous waste generators in the city. Facilities that will primarily serve generators from outside the city shall demonstrate why the facility cannot be located closer to the points of hazardous waste generation to be serviced.

These provisions regulate businesses operated as an accessory use in a place of residence, by providing criteria and procedures for the approval of home-based businesses; in the interest of public health, safety and welfare.

A.

A home-based business shall require a home-based business permit, which is processed in the same manner as a zoning compliance review, pursuant to Chapter 16.603, Zoning Compliance Review, and a business license pursuant to Title 5 (Business licenses and regulations).

B.

Where the provisions of this chapter allow modifications subject to approval of a minor use permit under Chapter 16.606, Minor and Major Use Permits, the director may impose reasonable conditions deemed necessary to ensure compliance.

Any use, except those excluded by Section 16.321.05, Exclusions below or standards applicable to the zoning district where the residential unit is located, may be a home-based business subject to the final determination by the director.

In addition to all of the applicable requirements of this chapter and the Vallejo Municipal Code, home-based businesses shall be maintained in compliance with all of the following regulations:

A.

Location. The use shall be conducted entirely within the dwelling, garage or accessory structure.

B.

Compatibility. A home-based business shall not create offensive or objectionable noise, vibration, odors, smoke, fumes, heat, dust, dirt, glare, or electrical disturbance perceptible by the average person beyond the lot line or party walls of multi-unit buildings of the subject premises.

C.

Residential Character. The use shall not change the residential character of the dwelling unit or property, or adversely affect the residential or other zoning district where the home-based business is located. Deliveries shall be only by a step-truck or vehicles with a gross vehicle weight rating sixteen thousand pounds or less.

D.

Size Limit. A home-based business shall not occupy more than twenty percent of the floor area, but in no case shall it occupy more than four hundred square feet, of the dwelling unit to which it is clearly incidental and secondary.

E.

Access. No portion of any dwelling where a home-based business is located shall have a separate designated access or private entrance specifically for the home-based business use, except an accessory structure used in conjunction with a home-based business.

F.

Alterations. No owner of any dwellings used for a home-based business shall make any internal or external alterations or install construction features in any portion of the dwelling or accessory structure not customarily found in similar dwellings.

G.

Outdoor Storage. No equipment associated with the business, such as parts, materials, supplies, merchandise, refuse, or debris, shall be stored outdoors. Equipment associated with the business may be stored within a permanent, fully enclosed compartment of a passenger vehicle or truck. No refuse or debris shall be stored in any vehicle. There shall be no storage of hazardous chemicals other than that which is normally found at a private residence.

H.

Employees and Visitors to the Premises. Employees working or meeting at the site shall be limited to persons who reside at the residence and one non-resident, as allowed for a cottage food business or a microenterprise kitchen, consistent with Section 113758 of the California Health and Safety Code.

1.

The one non-resident employee's hours and visitor/client hours shall be between 8:00 a.m. and 8:00 p.m.

2.

A home-based business shall not have more than six clients on the premises at any given time or more than ten clients at the premises in any given business day.

3.

Additional employees or increased hours of operation may be permitted subject to approval of a minor use permit pursuant to Chapter 16.606, Minor and Major Use Permits.

I.

Vehicles.

1.

No more than one truck or other motor vehicle of a size no larger than three-quarter ton shall be permitted in conjunction with any home-based business, and no more than two vehicles shall be associated with multiple home-based businesses within a single residential unit.

2.

No vehicle maintenance shall occur on premises.

3.

Vehicles either directly or indirectly associated with the home-based business shall not obstruct or impede the flow of traffic on public roads and shall not generate undue noise during loading or unloading activities.

4.

When used in connection with the operation of a home-based business, the following and similar types of vehicles shall be stored off-site and are expressly prohibited on the premises of a home-based business:

a.

Limousines or taxicabs;

b.

Dump trucks;

c.

Tow trucks;

d.

Pick-up trucks with the bed converted into a hauling compartment designed to hold materials and equipment that exceed the height of the existing sides of the truck; construction vehicles (e.g., front-end loaders, backhoes);

e.

Trailers (e.g., construction trailers, chipper trailers); and

f.

Construction equipment (e.g., cement mixers, chippers).

5.

No vehicles used in connection with the operation of a home-based business shall be parked overnight on residential streets.

J.

Product Sales. Food products offered for sale shall be limited to those produced on the premises, except for food products produced in a manner consistent with the California Health and Safety Code, which may not be sold at the premises, and plants, which may be grown or kept in outdoor areas of the subject premises with the exception of medical cannabis, and except as set forth in Chapter 16.312, Cannabis Processing, Cultivation, Distribution, Testing and Retail.

K.

Signage. There shall be no signs, name plates or other forms of advertising such as products displayed on the premises including windows in which a home-based business is conducted. Window display of materials associated with the home-based business is prohibited.

L.

Hazardous Materials. Hazardous materials or processes are prohibited.

M.

Food Preparation. Food preparation for home cottage food operations and micro-enterprise kitchens consistent with the California Health and Safety Code shall be allowed subject to Solano County Health Department regulations, permitting and safety inspections.

N.

Other Laws. A home-based business shall comply with all other applicable state laws and city ordinances, including any state licensing requirements.

O.

Enforcement. Violation of these standards shall constitute a public nuisance and these standards may be enforced pursuant to the procedures set forth in Chapter 16.615, Enforcement and Abatement.

The following activities shall not in any case qualify as a home-based business:

A.

Teaching of organized classes totaling more than six persons at one time or a business that has more than ten clients per day;

B.

Banks and financial institutions, including but not limited to, nontraditional financial institutions;

C.

Care, treatment, boarding or breeding of animals for commercial purposes;

D.

Operation of food handling, processing or packing that is not in compliance with Solano County Environmental Health regulations and Section 113758 of the California Health and Safety Code;

E.

On-site vehicle-related uses such as, but not limited to, storing of either operational or non-operational vehicles, cleaning, dismantling, embellishing, installing, manufacturing, repairing or servicing, selling, leasing or renting, and towing, driving schools, dispatching of vehicles, boat towing, scrap yards, parts sales or any storage of autos. Where the person conducting the home-based business relies on off-site suppliers and off-site customers exclusively is allowed. In this case, all articles shall be received, stored and sold directly to customers at off-premise locations. In no case shall anything be stored or kept in the public right-of-way.

F.

Any on-premises retail sales including, but not limited to, firearms, weaponry, ammunition, liquor, tobacco, or medicinal marijuana, and any off-premises sales of tobacco or tobacco related products. Retail sales consistent with provisions of cottage food operations shall be allowed per Section 113758 of the California Health and Safety Code;

G.

Funeral and interment services, including but not limited to, crematories, mortuaries, mausoleums and undertaking;

H.

Uses as defined and regulated in California Health and Safety Code Section 1500 et seq.;

I.

Transient habitation, with the exception of bed and breakfast inns in compliance with requirements of Chapter 16.311, Bed and Breakfast Lodging.

J.

Bona fide eating and drinking places, including but not limited to, bars, nightclubs and restaurants;

K.

Laundry and dry-cleaning services;

L.

Communication facilities, including, but not limited to, transmission towers;

M.

Businesses involving hazardous materials, including, but not limited to, waste facilities, transfer, storage and treatment;

N.

Adult uses, including but not limited to, retail and performance oriented;

O.

Businesses involving cannabis activity;

P.

Any use not allowed by the Zoning Code or in the zoning district where the residential unit is located.

These provisions provide special standards and regulations for large-format retail stores to minimize associated negative economic and environmental impacts. They apply to businesses providing retail sales and food and beverage retail sales; where combined uses occupy seventy-five thousand square feet or more of gross floor area including ten thousand square feet or more of the gross floor area to the sale of nontaxable merchandise; as well as to any expansion in the floor area of an existing large-format retail establishment of more than twenty-five percent.

A.

Major Use Permit Required. No large format-retail store may be established within the city unless the planning commission approves a major use permit after finding that the application meets the requirements of this section in addition to the findings required by Chapter 16.606, Minor and Major Use Permits. When the standards in this chapter conflict with other requirements, the most restrictive provisions shall apply.

B.

Economic Impact Analysis required. In addition to complying with all of the requirements of this chapter and Chapter 16.602, Common Procedures, any applicant proposing a large-format retail establishment shall prepare an economic impact analysis (EIA) meeting the following additional requirements:

1.

Cost of Preparation and Preparation of EIA. The project applicant, owner(s), operator(s), or building owner(s) of the proposed large-format retail store shall be responsible for the entire cost of the preparation of the EIA, which shall be prepared by the city or by another qualified entity or consultant solely selected and retained by the city to work for and on the behalf of the city. If the applicant hires their own consultant, the applicant shall pay for a peer review of the study.

a.

The project applicant, owner(s), operator(s), or building owner(s) of the proposed large-format retail store shall also pay an administrative fee, as established by city council resolution.

b.

The project applicant shall place funds in an escrow account to cover the expense of the preparation of the EIA for payment to the city consultant, as such may be negotiated between the city and the consultant.

c.

The EIA shall not be prepared by the owners, operators, or building owners of the proposed large-format retail store or by the project applicant.

2.

Contents of EIA. The EIA shall analyze the potential short- and long-term economic impacts of the proposed large-format retail store and shall at a minimum include the following in the analysis:

a.

A survey of the existing stores, including their current average retail sales, that provide retail sales and food and beverage retail sales within the city and the cities of Benicia and American Canyon, and/or in other retail and food and beverage retail market areas that would be served by the proposed large-format retail store, regardless of whether such stores are within the political boundaries of the city, and that are likely to be economically affected by the proposed large-format retail store, as defined by the city and the city's consultant. The geographic area of the stores identified in this survey shall be referred to herein as the "affected area."

b.

A survey of the existing, proposed, and/or pending large-format retail stores within the affected area.

c.

A survey of the number of persons who are employed on either a full-time or a less than full-time basis, and a delineation of each, by the existing stores described in Sections 1 and 2 above and an estimate of the number of persons who would be employed on both a full-time or a less than full-time basis, and a delineation of each, by the proposed large-format retail store.

d.

An analysis of the short- and long-term effect the proposed large-format retail store could have on the retail stores specified in subsections 1 and 2 above, which shall include an analysis of the proposed large-format retail store's potential impact on the following within the affected area: retail sales, food and beverage retail sales, store closures, jobs, and any food and beverage retail and/or retail stores that could potentially close, including an analysis of the potential for using the closed site(s) for similar or other uses. Such analysis shall consider population trends in the affected area, as identified through census bureau data, Building Permits, Association of Bay Area Government (ABAG) data, and other regional trend information. Such analysis shall also include a survey of established compensation and wages standards in comparable stores operated by the applicant compared to those established in the affected area.

e.

An analysis of both the short- and the long-term potential effects of the proposed large-format retail store on retail and food and beverage retail sales in the affected area, including a conclusion as to whether the proposed large-format retail store would cause a net increase or decrease in retail and food and beverage retail sales in the affected area.

f.

A fiscal impact analysis, which shall include, but not be limited to, an analysis of the projected sales tax revenues for the proposed large-format retail store and an analysis of both the short- and the long-term effects of the proposed large-format retail store on net sales tax revenues generated by existing retail and food and beverage retail stores in the city and, if applicable, other tenants located in the same retail center as the existing retail and food and beverage retail stores. This analysis shall explain the factors used in conducting the analysis. This analysis shall also analyze the fiscal impacts, if any, that the proposed large-format retail store would have on city services, including police and fire services and traffic and traffic-related maintenance, to the extent that such impacts are not addressed in a document prepared pursuant to the California Environmental Quality Act.

g.

An analysis of the proposed large-format retail store's potential short- and long-term net effect on the ability of consumers in the affected area to obtain a variety of food and beverage and retail products in light of the analysis conducted pursuant to this chapter concerning potential closure of retail and/or food and beverage retail stores within the affected area.

h.

An analysis of the average savings a typical consumer might expect, if any, by the approval of the proposed large-format retail store.

i.

Determination of the cost of complete building demolition and maintenance of the vacant building site if the proposed building is vacated or abandoned for a period of more than twelve consecutive months following primary building closure. The analysis shall include an escalation factor to allow for future adjustment.

A.

The site shall be designed to comply with all of the applicable requirements of this chapter and Chapter 16.508, Off-Street Parking and Loading and Chapter 16.504, Landscaping. Approval of the building and site design shall be based on the following findings:

1.

Integrated Theme. Buildings and structures exhibit an integrated architectural theme that includes similar or complementary materials, colors, and design details.

2.

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.

3.

Building Entrances. Building entrances 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.

4.

Pedestrian and Vehicular Circulation. Safe, convenient pedestrian and vehicular circulation is provided within the development through an appropriate system of internal circulation routes based on a hierarchy of drive 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.

5.

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.

6.

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.

B.

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.

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.

Buildings shall have a clearly defined, highly visible customer entrance(s) featuring at least three of the following elements such as:

a.

Canopies or porticos;

b.

Overhangs;

c.

Recesses/projections;

d.

Arcades;

e.

Raised corniced parapets over the door;

f.

Peaked roof forms;

g.

Arches;

h.

Outdoor patios;

i.

Display windows;

j.

Architectural details such as tile work and moldings which are integrated into the building structure and design; or

k.

Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.

5.

A plaza or passenger loading area shall be provided at the entry for pedestrian circulation and loading and unloading. Entry plazas and passenger loading areas shall include unique, decorative paving materials, adequate seating areas, provision of adequate shade from the summer sun, and attractive landscaping including trees or raised planters.

C.

Building Design. Buildings facades and exterior walls visible from adjoining streets or properties shall be designed to meet the following requirements.

1.

Facades shall be designed to have a distinctive base, middle, and top. Cornices, balconies, roof terraces, and other architectural elements should be used, as appropriate, to terminate rooflines and accentuate setbacks between stories.

2.

Building facades shall include building projections or recesses, doorway and window trim, and other details that provide architectural articulation and design interest.

3.

All applied surface ornamentation or decorative detailing shall be consistent with the architectural style of the building.

4.

Each side of the building that is visible from a public right-of-way shall be designed with a complementary level of detailing.

5.

Buildings exceeding shall be designed with staggered rooflines or other forms of architectural articulation.

D.

Exterior Building Materials and Colors.

1.

A unified palette of materials shall be used on all sides of buildings.

2.

When using brick, colors typically found in manufactured fired brick are permitted. All colors of natural stone are permitted.

E.

Parking Area Design and Siting.

1.

Location of parking areas. Surface parking lots shall be distributed around the building or buildings on not less than two sides in order to reduce the distance among buildings. Parking shall not be located between buildings and any primary street. When the large-format retail store is located in a shopping center with other buildings, parking lots shall be located to provide users with maximum access to other building within the shopping center without moving their vehicles either behind or to the side of buildings.

2.

Size of parking areas. In order to reduce the scale of parking areas, no single parking area shall exceed two hundred spaces unless divided into two or more sub-areas separated from each other by landscaping, access drives or public streets, pedestrian walkways, or buildings.

3.

Pedestrian walkways. Safe and clearly defined pedestrian walkways, leading to store entrances, shall be provided within large parking lots.

4.

Buffering parking areas. Additional landscaping, buffering and pedestrian walkway connections will be required if more than sixty-five percent of the total off-street parking spaces is located between the front facade of the principal building and the primary street abutting the site.

5.

Cart Corrals. Adequate, convenient cart corrals shall be provided near building entrances and throughout the parking areas.

To protect the health and safety of the public, any business operating between the hours of 12:00 midnight and 6:00 a.m. are subject to the requirements of this chapter in addition to any other regulations applicable to the type of establishment and the applicable requirements of the district where the business is located.

A.

Major Use Permit Required. All late-night business operations, located within three hundred feet of a residential zoning district, and commenced on or after the effective date of the Zoning Code, shall require a major use permit, as prescribed in Chapter 16.606, Minor and Major Use Permits.

B.

All Late-Night Business Operations, located within three hundred feet of a residential zoning district, and commenced before the effective date of the Zoning Code, shall be considered non-conforming and shall be subject to the Chapter 16.105, Non-conforming uses. The following business establishments are exempt from the requirements of this section:

1.

Hospitals, medical clinics, and convalescent homes,

2.

Ambulance services,

3.

Facilities operated by a government agency, and

4.

Any business with a valid major use permit.

A.

Any retail or eating or drinking establishment that sells or serves alcohol after 12:00 midnight, or 1:00 a.m. in the DMX Zoning District, shall require a major conditional use permit, as prescribed in Chapter 16.606, Minor and Major Use Permits.

B.

In deciding whether to issue a major use permit, the planning commission shall consider the impacts of any discretionary land use that is already subject to a major use permit and that also proposes to engage in late night alcohol sales and/or service.

C.

The planning commission, in considering the impacts of late-night alcohol sales and service, may approve, conditionally approve, or deny late night alcohol sales and service as it deems necessary to, manage, minimize, mitigate, eliminate or reduce the impacts of that activity on the public health and safety.

Live/work units are a commercial use that include residential accommodations incidental to a commercial, artisan, or other permitted non-residential use that are allowed subject to compliance with the requirements of this chapter.

A.

Development Standards.

1.

Size. The minimum unit size is seven hundred fifty square feet.

2.

Layout. No more than a third (thirty three percent) of any unit shall be used for exclusive residential purpose such as sleeping area, kitchen, bathroom and closet areas including full cooking and bathing facilities complying with the California Building Code. The rest of each unit shall be reserved and regularly used for workspace.

3.

Separation. Each live/work unit shall be separated from other live/work unit and from other uses in the building.

4.

Entrance. Each unit shall have a separate entrance that is clearly identified to provide for emergency services. Access to individual live/work units shall be provided from common access areas, common halls or corridors, or directly from the exterior of the building.

5.

Studios. Live/work units shall be designed to accommodate commercial or industrial uses conforming to the Group B occupancy classification under the California Building Standards Code and as evidenced by the provision of ventilation, interior storage, flooring, and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity;

6.

Location of Residential Use. No part of the residential area of the live/work unit shall be located in the front portion of the ground floor.

7.

Required Buffer. Where the side or rear yard of a live-work unit abuts a residential zoning district, those side or rear yards shall be screened from uses in that residential zoning district with an opaque screen in accordance with Section 16.505.09, Types of Landscape Screening.

B.

Permitted Work Activity. The work activity in a building where live/work units are allowed shall be any use permitted by right or use permit in the zoning district, except that, in order to protect the health and safety of persons who reside in a live/work unit or in a building which contains one or more live/work units, no work activity shall be permitted nor shall any live/work unit be established on any site that contains uses that may be hazardous to the health or safety of persons living or working in the unit or other unit in the building.

1.

Prohibited uses include, but are not limited to, those with the potential to create significant impacts by reason of dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or other impacts, or would be hazardous by way of materials, process, product or wastes.

2.

No toxic, explosive, flammable, combustible or corrosive materials are to be stored or used on the site in quantities or in a manner that violates any provision of the Uniform Fire Code. No etiologic or radioactive materials shall be used or stored on the site at any time.

3.

No mechanical equipment shall be used which generates noise higher than the noise standards established for residential uses in Section 16.502.10, Noise.

4.

There shall be no outside operations, outside storage or outdoor display of materials or products.

5.

The director may require the discontinuance of a work activity in a live/work unit with residence if as operated or maintained there has been a violation of any applicable condition or standard.

6.

The director shall have the authority to prescribe additional conditions and standards of operation for any category of work activity in an artist's studio with residence including the provision of additional parking to accommodate employees who do not live on the premises, customers, or clients.

C.

Permits and licenses required.

1.

A zoning compliance review as prescribed in Chapter 16.603, Zoning Compliance Review is required to establish a live/work unit in districts where they are permitted. A minor use permit as prescribed in Chapter 16.606, Minor and Major Use Permits shall be required to establish a live/work unit in other districts allowed.

2.

All necessary building permits shall be obtained prior to the use of the space for residential occupancy.

3.

The property owner shall record a covenant, prior to the issuance of a building permit, ensuring that the provisions of this chapter are continually adhered to and that the live-work unit remains consistent with this code.

4.

Business License Required. At least one occupant of each live/work unit shall maintain a current city of Vallejo business license for a business located in that unit.

These provisions ensure that manufactured and factory-built residential units can be developed as a more affordable option for meeting housing needs; while protecting public health and safety, and maintaining the character of residential neighborhoods. Manufactured homes (also known as "mobile homes") may be used for residential uses by complying with the requirements of this chapter; as well as temporary uses, subject to the approval of a temporary use permit consistent with Chapter 16.339, Temporary Uses.

A.

Manufactured homes to be placed on individual lots on a permanent foundation system shall comply with the following requirements:

1.

A manufactured home constructed after September 15, 1971 shall include an insignia of approval from the California Department of Housing and Community Development, or if constructed after July 1, 1976, shall include an insignia of approval from the U.S. Department of Housing and Urban Development. Such units shall not have been altered in violation of applicable codes.

2.

Manufactured homes may be placed on any lot zoned for single-unit residential development with the following exceptions:

a.

Manufactured homes shall not be permitted on non-graded hillside lots exceeding ten percent grade or split-level graded lots; and

b.

No manufactured home on permanent foundation systems shall be permitted on lots zoned for single-unit development in a neighborhood which has been designated as a district of historic or architectural significance or identified in an approved city survey as potentially eligible for designation, unless such manufactured home meets the design guidelines adopted for such neighborhoods or such other criteria as determined by the director. A copy of any approved city survey shall be available from the planning division.

B.

Development Standards

1.

Manufactured homes placed on any lot zoned for single-unit use shall be subject to all applicable provisions of the Zoning Code and shall have a minimum width of twenty feet;

2.

Covered parking and storage buildings shall have the same architectural treatment as the main structure;

3.

Siding and roofing materials shall be compatible with the surrounding architecture; and

4.

Eaves shall extend to provide appropriate solar screening and to be compatible with adjoining architecture.

5.

Roof material shall consist of material customarily used for conventional single-unit dwellings, such as tile, composition shingles, and wood shakes and shingles. If shingles and/or wood shakes are used, the pitch of the roof shall be not less than three inches vertical to twelve inches horizontal.

6.

The unit's skirting must extend to the finished grade.

A manufactured home having no permanent foundation system shall be placed in a mobile home park, including a tiny home. Mobile home parks shall meet the standards and conditions of the mobile home park standards of Chapter 16.328, Mobile Home Parks, and any other requirements adopted by the city council.

These provisions ensure the orderly regulation of massage services and protect the public's health and safety, by establishing certain standards pertaining to massage business activities. Massage therapy is recognized as a legitimate business occupation and health-related service.

Massage establishments are subject to the requirements of this chapter and to the requirements of the Vallejo Municipal Code Section 5.04.205, Massage and related, massage establishments. Except for massage services that are deemed to be an accessory use, it shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in the application of massage or the operation of a massage service without having obtained certification from the California Massage Therapy Council (CMTC) and approval of a discretionary permit as prescribed in, Part II, Districts and Development Types.

A.

Zoning Compliance Review Required. A massage service or therapy establishment with two or fewer practitioners shall require a zoning compliance review, pursuant to Chapter 16.603, Zoning Compliance Review.

B.

Regulatory Permit Required. It is unlawful for any person to operate, engage in, conduct or carry on any massage business unless the owner of such business first obtains from the director, and continues to maintain in full force and effect, a massage regulatory permit for such business.

1.

Permit application.

a.

The owner of a proposed massage entertainment business shall be the only person eligible to obtain massage regulatory permit for such business. The owner shall not be eligible to obtain an massage regulatory permit unless the owner is at least eighteen years of age.

b.

The following shall be submitted to the director at the time of application for an Massage regulatory permit:

i.

A completed application form signed by:

(a)

The applicant; and

(b)

Either the record owner of the property or the lessor of the premises (if the business premises are leased to the applicant business) where the massage business is to be conducted.

ii.

The applicant's fingerprints on a form provided by the Vallejo Police Department. Any fees for the fingerprints shall be paid by the applicant.

iii.

Two color photographs, taken within six months prior to the date of the application, that clearly show the applicant's face. Any fees for the photographs shall be paid by the applicant.

iv.

A written description of the proposed massage establishment and how it will satisfy the requirements of this chapter.

v.

A site plan depicting the building and unit proposed for the massage establishment. the site plan shall include a dimensional interior floor plan that depicts how the business will comply with the requirements of this chapter. The site plan shall also include a diagram of the off-street parking areas required by chapter 16.508, off-street parking and loading of this code.

vi.

A statement signed by the applicant certifying under penalty of perjury that all of the information submitted in connection with the application is true and correct.

vii.

A nonrefundable application fee in an amount set by the master fee schedule.

c.

If the director determines that the applicant has completed the application improperly, the director shall promptly notify the applicant of such fact and shall return the application unprocessed. On request of the applicant, the director shall grant the applicant an extension of time of ten days to complete the application properly. The time period for granting or denying the requested permit shall be stayed during the period in which the applicant is granted an extension of time.

2.

Approval or denial of permit. Applicants for a massage regulatory permit as defined in this chapter shall provide proof that a background check has been cleared by the Vallejo police department for the holder of the permit and all employees.

a.

Neither the Applicant, if an individual, or any of the officers or general partners if a corporation or partnership, or employees have been found guilty or pleaded nolo contendere within the past seven years of a misdemeanor or a felony classified by the state as a sex or sex-related offense.

b.

The director shall, within thirty calendar days of the filing of a complete application, approve and issue the massage regulatory permit if the requirements of this chapter have been met; otherwise the permit shall be denied. Notice of the approval or denial of the permit shall be given to the applicant in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service on the date of such decision. If the application is denied, the director shall attach to the notice a statement of the reasons for the denial. The time period set forth in this paragraph shall not be extended except upon the written consent of the applicant. Any interested person may appeal the decision of the director to the hearing officer in accordance with the Section 16.602.14, Appeals.

3.

Nontransferable.

a.

No person shall operate a massage business under the authority of a massage regulatory permit at any place other than the address of the massage business stated in the application for the permit.

b.

No massage regulatory permit issued pursuant to this chapter shall be transferable.

c.

Any attempt to transfer a massage regulatory permit is hereby declared invalid and the permit shall automatically become void effective the date of such attempted transfer.

d.

Nothing in this section shall prevent the director from approving a second massage regulatory permit for a single location provided that the holder of the massage regulatory permit previously approved for such location consents in writing to the automatic expiration of such previously approved permit upon the effective date of such second permit.

C.

Major Use Permit Required. A massage service establishment with more than two practitioners shall require a major use permit, as prescribed in Chapter 16.606, Minor and Major Use Permits.

D.

Massage accessory to certain uses. Massage is deemed to be an accessory use and does not require a zoning compliance or a major use permit when performed:

1.

In an athletic club or similar facility authorized under the Zoning Code;

2.

In an office that is an integral part of and operated by a hospital, convalescent home, sanitarium, medical clinic, medical laboratory, medical education facility, or other medical facility licensed as such by the state or other competent and lawful authority and under the direction of a licensed medical practitioner; or

3.

By a barber or cosmetologist who is duly licensed and performing massage within the scope of that license.

E.

Not Applicable to Massage Conducted as Home-based business. These provisions do not apply to massage operators who have been approved subject to Chapter 16.321, Home-Based Businesses and are operating in compliance with all applicable requirements, including CMTC certification.

In addition to any other information required by Chapter 16.603, Zoning Compliance Review and Chapter 16.606, Minor and Major Use Permits, the application for establishment of a massage establishment that is not accessory to medical, clinical or athletic facilities as described above, shall include all of the following information:

A.

The nature of the massage to be administered;

B.

The name, address, and CMTC certificate number for each massage practitioner;

C.

The name and address of the massage school attended by each massage practitioner who will be performing services in the business;

D.

The names and addresses of any businesses previously operated by the applicant;

E.

Floor plans identifying the number of treatment rooms and waiting room square footage; and

F.

A statement that the proposed establishment will not be an adult use as defined and described in Chapter 16.304, Adult Use Regulations.

A.

Locational Limitations. Massage establishments shall not be within five hundred feet from other massage establishments or less than one thousand feet from a school or park.

B.

Hours of operation. Hours of operation are limited to 7:00 a.m. to 9:00 p.m., seven days a week unless otherwise specified.

C.

Transparency required. Every massage establishment shall have windows facing the public right-of-way that are transparent to allow a clear view into the establishment and shall not be obscured with blinds, shades, drapes, or blocked by furniture.

D.

Display of Massage Therapy Office Zoning Approval. Every massage establishment or business shall maintain on its premises evidence for review by local authorities that demonstrates that all persons providing massage services have obtained zoning approval and hold a valid license under Vallejo Municipal Code Section 5.04.

For the purpose of enforcing the requirements of this chapter, all owners and operators of any non-exempt massage business or establishment shall be responsible for the conduct of all of their employees, agents, independent contractors or other representatives, while on the premises of the business or establishment or providing massage therapy. The operator shall maintain a register of all persons employed as massage practitioners and their permit number. The register shall be available for inspection at all times during regular business hours.

The city may revoke, restrict, or suspend zoning approval for any violation of this chapter or of the Vallejo Municipal Code Section 5.04.205, Massage and related, massage establishments, as provided for in Chapter 16.615, Enforcement and Abatement.

These provisions provide conditions and requirements to allow mobile food vending on private properties, on certain areas of the city. Such use is distinguished from mobile food vending on public property, as provided for in the State Government Code, Section 51036 et. seq.

A.

Zoning Compliance Review. Mobile vending shall require a zoning compliance review as provided for in Chapter 16.603, Zoning Compliance Review. The approval shall be specific to a location and shall not be transferable to other locations or operators. Operation of a mobile food facility shall not be permitted on public property under this chapter.

B.

Business license. Every mobile food vendor shall obtain a city business license prior to operation.

C.

Solano County Environmental Health. A valid permit from the Solano County Environmental Health Department is required.

D.

Building Division and Fire Department. All necessary permits and approvals from the building division and the fire department shall be obtained prior to operation of a mobile food vending facility.

E.

Permit and License Display. At all times while vending, a valid business license and zoning compliance certificate shall be displayed at the mobile food vending site.

Applications for mobile food vending shall include submission of the following information:

A.

Authorization from the property owner or an authorized agent including full name and contact information.

B.

Site plan showing where the mobile food vending vehicle (food truck) will be parked during hours of operation.

C.

The location and description of any proposed outdoor dining area, including the number and location of tables, chairs and shade structures;

D.

Proposed hours of operation;

E.

Signed lease agreement with a commercial commissary where the food vending vehicle will be parked when it is not in service. The lease agreement shall also be approved by the Solano County Health Department.

A.

Private Property. Mobile food vending shall be conducted entirely upon private property and not within any public right-of-way;

B.

Parking area. The proposed location where the vending vehicle will be parked shall be paved and not interfere with the operation of any approved uses on the site;

C.

Designated Parking. Mobile vendors operating within a parking lot shall not park in any part of the lot designated as required on-site parking for the principal use on the property during the primary business hours of operation;

D.

Required Parking Spaces. A minimum of two off-street parking spaces per vending vehicle is required. Barricades shall be placed to prevent vehicles from entering the food truck vending and seating area. The off-street parking layout, bicycle parking and placement of the barricades are subject to the director's approval.

E.

Maintenance. Mobile vendors shall maintain their immediate sales location in a clean and hazard free condition;

F.

Refuse and Recycling. Mobile vendors shall maintain refuse and recycling container(s) immediately adjacent to the vending location for use by customers;

G.

Maintenance. The site shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, and debris from the premises and on all abutting sidewalks within one hundred feet of the premises.

H.

Circulation. A clear path at least five feet wide shall be maintained at all times. This width shall be free of any permanent structures or obstructions, including but not limited to street trees, parking meters, light poles, newspaper racks, and planters. The vending vehicle may not be parked and street furniture, if allowed, may not be located where they would interfere with vehicle or pedestrian circulation

I.

Outdoor Seating. Tables, chairs, or other street furniture, if permitted by the zoning compliance review, shall be placed at least two feet from the curb. Street furniture shall be kept clean and in good condition at all times.

J.

Shade. Umbrellas, if permitted, may not exceed seven feet in height. Umbrellas and awnings may not be placed where they would obstruct the view of any street signs or traffic signals;

K.

Storage. After the permitted hours of operation, all mobile vending equipment such as dining furniture, shall be stored off-site with the food truck or within an approved, enclosed structure on-site and the food truck shall be moved from the site to the location the operator specified in the permit application.

L.

Peaceful Enjoyment. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions. The applicant shall prohibit loitering at the site and shall control noisy patrons on-site and those leaving the premises. No amplified music or loudspeakers shall be permitted. The operation shall at all times comply with the provisions of the Section 16.502.10, Noise.

These regulations implement the general plan housing element and applicable requirements of California law and regulations by preserving and protecting existing mobile home parks as alternative types of residential units, with opportunities for affordable housing. Mobile home parks shall be developed and maintained to provide safe and quality living environments for their residents; as well as designed to fit into the neighborhoods where they are located.

Mobile home parks are allowed in low-, medium-, and high-density residential districts subject to approval of a major use permit, as prescribed in Chapter 16.606, Minor and Major Use Permits and compliance with the following standards:

A.

Minimum Park Area. Each mobile home park shall contain a minimum of four acres.

B.

Maximum Density. A mobile home park shall not exceed the density requirements applicable to the zoning district in which it is located.

C.

Setbacks.

1.

Front. Each mobile home park shall have a front setback measured from the front property line to the nearest mobile home lot line not less than twenty feet for the full width of the parcel.

2.

Sides and rear. Each mobile home park shall have a rear setback and side setbacks measured from the property line to the nearest mobile home lot line, not less than fifteen feet on all sides of the parcel, except where a side or rear setback abuts a street, in which case the setback shall not be less than twenty feet.

3.

Setbacks for individual mobile homes.

a.

Front and rear. There shall be an aggregate front and rear setback width of at least twenty feet measured from the mobile home, carport, canopy or any other structure to the mobile home lot line. No front or rear setback shall be less than five feet.

b.

Sides. There shall be a minimum side setback of five feet measured from the mobile home, carport, canopy or any other structure to the mobile home lot line. Where the side setback abuts an internal access road, public parking area, or walkway, that side setback shall be not less than ten feet in width.

c.

Separation between structures. Where a mobile home is located near any permitted building other than another mobile home, the minimum space between the mobile home and any other building shall be twenty feet.

D.

Height. No mobile home shall exceed the maximum permitted height for a detached single-unit residence in the zoning district where the park is located. Other structures shall meet the requirements applicable to accessory structure other than accessory dwelling units.

E.

Permanent Structures Prohibited. Permanent buildings or structures on individual mobile home sites, including room additions, cabanas, carports, or patio structures shall be prohibited. Portable demountable structures which may be easily disassembled and moved may be permitted subject to review and approval by the director and the building official.

F.

Parking. At least one individually accessible and one tandem parking space shall be provided for each mobile home site.

G.

Lighting. Mobile home park lighting shall consist of street electrolier type rather than flood lighting.

H.

Access and Street Standards.

1.

Pedestrian access. Pedestrian access into the mobile home park shall be provided by connecting the interior pedestrian pathway network with sidewalks located in the rights-of-way of perimeter streets.

2.

Vehicular access. Vehicular access to mobile home parks shall be from abutting regional or transitional streets. Vehicular access to mobile home parks from local streets in the RLD and RMD Zoning Districts shall be prohibited. One vehicular access to mobile home parks from each abutting regional or transitional street may be permitted.

3.

Internal access roads. Internal access roads shall be paved to a width of not less than twenty-five feet. Internal access roads of less than twenty-five feet may be permitted when mobile home orientation is toward interior open space. Internal access roads shall be thirty-two feet in width if car parking is permitted on one side, and forty feet in width if car parking is permitted on both sides. Widths shall be measured from the flowline for both standard curb construction and rolled curb construction and any variation is subject to the city engineer's approval.

4.

No mobile home park entrance shall be located closer than one hundred feet to any intersection of any public streets.

5.

All internal access road cul-de-sacs shall have a minimum outside turning radius of thirty-two feet.

6.

All internal corners shall have minimum fifteen-foot radii.

7.

Curbs and gutters shall be installed on both sides of all internal access roads. Curbs may be roll-type rather than vertical.

8.

All internal access roads shall be adequately lighted A photometric plan shall be reviewed and approved by the city engineer.

9.

Each site shall have access directly to an internal access road.

10.

Stop signs shall be provided at all intersections with public streets.

I.

Fencing, Walls and Landscaping.

1.

Required fences and walls. A six-foot high solid masonry wall or such other decorative fencing or screening of a similar nature as determined by the review authority shall be constructed along all boundaries adjoining other properties and fifteen feet back of the property line adjacent to any public street unless otherwise approved.

2.

Park perimeter landscaping. All setbacks and incidental open space areas shall be landscaped and maintained. Landscaping shall include trees not less than a number required by Chapter 16.504, Landscaping. The trees shall be at least eight feet in height. An irrigation system shall be included within all landscaped areas, and other assurances given prior to the development of the mobile home park that all landscaping shall be adequately maintained.

3.

On-site landscaping. In the design of the mobile home park, the developer shall make every effort to retain existing trees. Not less than twenty percent of each mobile home space shall be landscaped with plant materials, including at least one tree at least eight feet in height with a trunk diameter of at least one inch measured one foot above ground level. Tree selection shall be a part of the landscape plan review process.

J.

Grading. Mobile home parks in areas of excessive slope may require additional lot area to minimize cut and fill slopes; however, where mobile home sites are graded into stepped pads, there shall be no more than a three-foot vertical elevation difference between adjoining pads whether separated by an internal access road or not. Mobile home parks located in hillside areas shall be developed in compliance with the applicable requirements of Chapter 16.212, Hillside Development Standards.

K.

Recreation and Open Space.

1.

A common recreation area with at least one hundred square feet of floor area for each mobile home unit shall be provided.

2.

A patio of wood, concrete or a combination thereof, with a minimum area of one hundred sixty square feet, shall be installed as part of each mobile home lot prior to occupancy of the unit.

L.

Storage.

1.

Tenant storage. A minimum of seventy-five cubic feet general storage locker shall be provided for each mobile home space. Storage lockers may be located on the mobile home lot or in locker compounds located within close proximity of the mobile home lot being served.

2.

In addition to the required parking for each unit, "reservoir parking" at the rate of one such parking space for every four mobile home sites shall be provided to accommodate campers, boats, pickup trucks, hauling trailers, and the like. Each reservoir parking space shall be at least ten feet by thirty feet in size.

3.

Storage of mobile homes. No mobile home shall be hauled to or stored within a mobile home park unless it is properly erected on a site approved for its use.

M.

Utilities.

1.

All service utilities such as electricity, water, gas, and other similar utility within the property lines of the premises of a mobile home park shall be installed underground.

2.

Sanitary sewer. Each mobile home space shall be provided with a connection to a city sewer line, either directly or indirectly.

N.

Fire Protection. Every mobile home park shall be equipped at all times with fire extinguishing equipment in good working order of such type, size, and number and so located within the park as to satisfy applicable regulations of the fire department.

O.

Management office. Each mobile home park shall maintain a management office. Suitable facilities shall be provided for mail distribution.

P.

Additional Requirements. Mobile home parks are subject to the requirements of Chapter 5.64, Mobile Home Parks Rent Control, of the Vallejo Municipal Code, and the following additional requirements:

1.

Each mobile home shall be located on an approved mobile home site, and all mobile home sites shall be designed to accommodate independent mobile homes. No mobile home site shall be used as the location for more than one mobile home or trailer. All construction and operation procedures within the property lines of the premises of a mobile home park shall be in accordance with the provisions of the most recent edition of:

a.

California Health and Safety Code, Division 13 (entitled "Housing"), Part 2 (entitled "Mobile Homes - Manufactured Housing), Section 18000 et seq.

b.

California Code of Regulations, Title 25, Division 1, Chapter 3, Subchapter 2 (entitled "Mobile Homes, Recreational Vehicles and Commercial Coaches), Section 4000 et seq.

These provisions ensure that outdoor displays of retail products do not interfere with, or be a hazard to, pedestrian or vehicular traffic; while being aesthetically pleasing and compatible with surrounding land uses. They apply whenever any retail business engages in the outdoor display of products or merchandise as permitted in the district where the business is located.

A.

Zoning Compliance Review Required. Any request for outdoor retail sales and display activity shall require a zoning compliance review, pursuant to Chapter 16.603, Zoning Compliance Review.

B.

Standards. Outdoor, retail sales and display shall be designed, located, and operated consistent with the following standards:

C.

Allowed Area. The director shall evaluate each application for outdoor display on a case by case basis and subject to the provisions of this chapter, shall use the ratio of fifty square feet of outdoor display area for every one thousand square feet of enclosed retail store space as a guideline in determining the allowable number of square feet of display area, provided that any business permitted to have outdoor display is entitled to fifty square feet of outdoor area regardless of the number of square feet of enclosed retail store space. Any decision of the director with respect to the number of square feet of outdoor display area a business may have is subject to appeal pursuant to Section 16.602.14, Appeals.

1.

Maximum area. The total outdoor display area for any business which is otherwise entitled to outdoor display shall not exceed seven hundred fifty square feet.

2.

Display Location. The goods or merchandise displayed outdoors shall be immediately adjacent to the retail store and shall be on private property unless an encroachment permit is obtained from the city pursuant to Chapter 10.16, Encroachments on City Property, of the Vallejo Municipal Code.

3.

Pedestrian Access. The goods or merchandise displayed outdoors shall permit safe pedestrian access and shall not cause pedestrians to walk in areas reserved for fire lanes, for parking, or for vehicular traffic.

4.

Items Prohibited. The goods or merchandise displayed outdoors shall not consist of any goods or merchandise, such as mirrors or hubcaps, which are capable of reflecting sufficient sunlight to cause a traffic hazard for drivers of vehicles.

5.

Racks. Unless in racks specifically designed for display, goods or merchandise displayed outdoors shall be stacked with due regard for safety and not in excess of six feet in height.

6.

Storage. Outdoor retail display does not include "outdoor storage" or the placement of goods or merchandise outdoors which is screened or fenced in accordance with Chapter 16.505, Fences, Walls, and Screening.

7.

Location. Displayed merchandise shall occupy a fixed, specifically approved, and defined area that does not disrupt the normal function of the site or its circulation, and does not encroach upon parking spaces, driveways, pedestrian walkways, or required landscaped areas.

a.

The outdoor sales area shall be delineated by striping, enclosure, or otherwise approved boundary.

b.

Outdoor sales and display areas shall not encroach into required setback areas. In zoning districts where no setback is required, the outdoor sales area shall be set back a minimum of fifteen feet from adjoining property lines, unless otherwise allowed by the review authority.

8.

Hours of Operation. Outdoor sales are only allowed when the business is open for operation with the associated permanent structure. All sales facilities, signs and furniture shall be removed from the site at the close of daily business.

9.

Screening. All outdoor sales and display areas, except for automobile displays and plant nurseries, shall be screened by a wall or fencing that complies with the requirements of Chapter 16.505 Fences, Walls, and Screening. The height of merchandise, materials, and equipment on display shall not exceed the height of the screening wall or fence.

10.

Signs. Additional signs identifying the outdoor sales and display area, beyond those allowed for the subject use, shall not be permitted.

11.

Rental of automobiles, trucks, and trailers. Except as otherwise provided by this code, in accordance with Table 16.301-B: Land Use Regulations, no rental trailers, trucks, or automobiles available to the public by lease or for sale, shall be stored on any commercial premises for outdoor display.

These provisions present regulations to allow outdoor dining and seating that enhances the pedestrian ambiance and dining experience; while ensuring that such use does not adversely impact adjacent properties and surrounding neighborhoods. They apply to all new sidewalk cafes or outdoor dining, and seating areas and parklets.

A.

Zoning Compliance Review Required. Restaurants may provide outdoor dining and seating subject to a zoning compliance review, as prescribed in Chapter 16.603, Zoning Compliance Review.

B.

Other Permits. Outdoor dining located on public sidewalks or within a parklet on a city street requires approval of an encroachment permit issued by the department of public works and certificate of insurance.

C.

Development Standards. Outdoor dining, seating areas and parklets shall be designed, located, and operated consistent with the following standards:

1.

Accessory Use. Outdoor dining and seating may be established as an accessory use to a legally established eating and drinking establishment that is located on the same lot, a contiguous adjacent parcel, or on public right-of-way immediately adjacent to the tenant space.

2.

Hours of Operation. Outdoor dining shall be limited to the hours when the principal use is open for business unless otherwise specified in the zoning compliance review application.

3.

Design and Set-up

a.

Entrances and exits to the business and the outdoor dining area shall be maintained to Fire, Building Code and ADA standards.

b.

Outdoor seating areas on public sidewalks shall be enclosed and restricted to an area outside of the pedestrian walk zone, which shall maintain a clearance of four feet for ADA access, light poles, parking meters, fire hydrants, news racks, trees, or other barriers. The area may be adjacent to the curb if there is a two-foot minimum clearance to the curb.

c.

Barriers are required for areas where alcohol is served. Business operators must obtain the necessary licenses from the state department of alcohol beverage control and comply with all rules and regulations required by the state, including limitation on relief measures.

i.

Perimeter barriers shall generally be temporary and movable fixtures on public sidewalks or within parking areas. The barriers shall be of a durable material, not including plastic, and shall reflect the architectural character of the building. Small planter boxes may be used to define the boundary of the outdoor dining area. No chain link fencing, chicken wire or cyclone fencing.

ii.

If a permanent barrier is proposed, the barrier may be bolted to a public sidewalk or asphalt and subsequently removed and the sidewalk or asphalt shall be repaired, subject to the review and approval of the public works department.

4.

Equipment and Materials.

a.

The furnishings of the outdoor dining shall consist of movable tables and chairs, including movable planters and pots and portable space heaters.

b.

Furniture. Outdoor furniture shall be made of safe, sturdy, and durable material such as wrought iron, wood or steel. All tables and chairs shall be commercial grade and manufactured for outdoor use. Tables and chairs shall not be stacked outside at any time. Outdoor dining area furniture shall not be left outside unused for more than two days.

c.

Awnings. Retractable awnings and umbrellas may be used in an outdoor dining area, at a minimum clearance of eight feet on public sidewalks, and there shall be no permanent roof or shelter.

d.

Shading. Individual canvas or other non-vinyl umbrellas are permitted. Umbrellas shall be designed for outdoor commercial use and shall be well maintained. Umbrellas shall maintain a clearance as to not obstruct pedestrian flow or obstruct any street signs or traffic signals. Each umbrella may include the name/logo of the dining establishment but shall not include any other form of product advertising or messages.

5.

Lighting. All lighting shall be shielded to prevent glare to pedestrians and vehicle traffic.

6.

Safety.

a.

Fire access (roadways, driveways) and water supply (fire hydrants) shall remain accessible at all times.

b.

Operators shall maintain the width of the exit system; tables, chairs, merchandise storage systems and other devices shall not obstruct the means of egress along the path of exit travel based on the cumulative occupant load served. Maintain clear access to all exits.

c.

The minimum fire-extinguisher requirement shall be one 2A-10BC rated portable unit in such locations so that maximum floor-travel distance does not exceed seventy-five feet to the nearest extinguisher from any portion of the outdoor dining areas. Existing fire extinguisher. Locking devices on exit doors shall conform to the California Building Code. Only one lock or latch requiring one motion/operation to open/unlock is required. No double keyed dead-bolts are permitted on exit doors.

d.

All interior and exterior curtains, tents, awnings and decorations, shall be flame retardant treated in accordance with the California Code of Regulations Title 19 Article 8 and 9 and the 2019 California Fire Code Chapter 8.

e.

Tents shall meet the state fire marshal flame resistance requirements and have a SFM Certification Seal attached to the tent material. A tent permit is required from the fire department for all tents that exceed four hundred square feet in area.

f.

Open flame devices (candles) are prohibited.

g.

Portable gas-fired heating appliances located outdoors shall comply with the following requirements:

i.

Prohibited locations: The storage or use of portable outdoor gas-fired heating appliances is prohibited in any of the following locations: Inside of any occupancy where connected to the fuel gas container. Inside of tents, canopies and membrane structures. On exterior balconies.

ii.

Clearance to buildings: Portable outdoor gas-fired heating appliances shall be located not less than five feet (1524 mm) from buildings.

iii.

Clearance to combustible materials: Portable outdoor gas-fired heating appliances shall not be located beneath, or closer than five feet (1524 mm) to combustible decorations and combustible overhangs, awnings, sunshades or similar combustible attachments to buildings.

iv.

Proximity to exits: Potable outdoor gas-fired heating appliances shall not be located within five feet (1524 mm) of exits or exit discharges.

v.

Listing and approval: Only listed and approved portable outdoor gas-fired heating appliances utilizing a fuel gas container that is integral to the appliance shall be used.

vi.

Installation and maintenance: Portable outdoor gas-fired heating appliances shall be installed and maintained in accordance with the manufacturer's instructions.

vii.

Tip-over switch: Portable outdoor gas fired heating appliances shall be equipped with a tilt or tip-over switch that automatically shuts off the flow of gas if the appliance is tilted more than fifteen degrees (0.26 rad) from the vertical.

viii.

Guard against contact: The heating element or combustion chamber of portable outdoor gas-fired heating appliances shall be permanently guarded so as to prevent accidental contact by persons or material.

ix.

Storage of fuel tanks shall be outside in a well ventilated area.

h.

Outdoor food preparation shall be prohibited.

7.

Maintenance. The sidewalk area in and adjacent to the outdoor dining area shall be steam cleaned or pressure washed on at least a monthly basis and well maintained at all times.

8.

The owner/operator shall provide for daily removal of trash, litter, and debris from the premises and on all abutting sidewalks within one hundred feet of the premises.

These provisions present regulations for personal storage facilities, while not generating adverse impacts on its surroundings, such as parking demand, traffic generation, fire, or safety hazard, visual blight, or use indirectly supportive of illegal or criminal activity. Personal storage uses shall be located, developed, and operated in compliance with the following standards and apply to all new and existing facilities where the storage area of the existing business is expanded. All new personal storage facilities and any increase in the floor area or number of units in an existing facility shall require a major use permit, as provided in Chapter 16.606, Minor and Major Use Permits.

A.

Business Activity. The use of personal storage facilities by customers shall be limited to inactive storage only. No retail, repair, or other business activity shall be conducted out of the individual rental storage units. No activities other than rental of storage units and pick-up and deposit of storage shall be allowed on the premises. Examples of activities prohibited in said facilities include, but are not limited to the following:

1.

Auctions, commercial wholesale or retail sales, or miscellaneous garage sales. An exception is made for auctions required by law to comply with lien sale requirements. During the course of said lien sales, customer vehicles shall not be allowed to obstruct circulation within the personal storage facility.

2.

The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment.

3.

The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.

4.

The establishment of a transfer and storage business.

B.

Enclosure. Outdoor storage is prohibited. No boats, trailers, and/or other vehicles shall be parked or otherwise stored outside the storage units except in areas approved for such storage.

C.

Hazardous Materials. No caustic, hazardous, toxic or flammable or explosive matter, material, liquid, or object, nor any matter, material, liquid or object that creates obnoxious or offensive dust, odor or fumes shall be stored in a personal storage unit.

D.

Utilities. Water, gas or telephone service to any rental space is prohibited.

E.

Habitation. Human habitation of any rental space is prohibited.

F.

Notice to Tenants. As part of the rental process, the facility manager shall inform all tenants of conditions restricting storage of hazardous materials and limitation on the use of the storage units. These restrictions shall be included in rental contracts and posted in a conspicuous location within the front of each rental unit.

These provisions ensure orderly regulation of quick service restaurants (QSRs), more commonly referred to as fast-food take-out restaurants, and protect the public's health and safety by establishing certain standards pertaining to these types of establishments.

A.

Pedestrian Access. The business operations shall not obstruct any sidewalk, path, or ADA accessible area that is part of a pedestrian circulation system.

B.

Site Maintenance.

1.

The building(s) and site shall be maintained free of litter and graffiti at all times.

2.

One permanent, non-flammable trash receptacle shall be installed near all public entrances and exits to the establishment.

3.

The owner shall be responsible for daily removal of trash, litter, and debris from premises and on all abutting sidewalks within one hundred feet of the premises. The owner is responsible for cleaning trash within a one hundred-foot radius from the facility within thirty minutes after closing. Discarded containers and other trash shall be disposed of in an on-site trash receptacle.

C.

Outdoor Dining. If outdoor dining and seating areas are provided, these areas shall comply with Chapter 16.330, Outdoor Dining and Seating.

D.

Drive-through Facility. A QSR that includes a drive-through facility shall also be subject to the requirements in Chapter 16.316, Drive-in and Drive-Through Facilities.

These provisions implement the general plan and state law by establishing requirements for residential and commercial recycling, which reduce the production of solid waste. More specifically, to:

A.

Maximize the diversion of solid waste from disposal;

B.

Treat and safely process solid waste materials in a manner that protects natural resources from pollution and minimizes adverse impacts on neighboring properties;

C.

Provide for the eventual reuse or recycling of discarded material.

Recycling facilities are permitted subject to compliance with the applicable criteria and standards listed in this chapter unless the director, planning commission, or city council on appeal imposes stricter standards, upon a finding that such modifications are reasonably necessary in order to implement the general intent of this chapter and the purposes of this title.

A.

Reverse Vending Machines. Reverse vending machines, shall be located, developed, and operated in compliance with the requirements of this chapter subject to the director's approval.

1.

Location. Machines shall be located within thirty feet of the entrance of the host business and shall not obstruct pedestrian or vehicular circulation or occupy parking spaces required by the primary use;

2.

Construction and maintenance. Reverse vending machines shall be:

a.

Constructed and maintained with durable waterproof and rustproof material and shall be covered;

b.

Clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.

c.

No larger than fifty cubic feet in bulk and no more than eight feet in height.

3.

Signs. The maximum sign area on a machine is four square feet, exclusive of operating instructions. Signs shall be attached to the machines.

4.

Lighting. Machines shall be illuminated to ensure comfortable and safe operation if operating hours are between dawn and dusk.

5.

Maintenance. The area where the machine is located shall be maintained in a clean, litter-free condition on a daily basis. A forty-gallon garbage can for nonrecyclable materials shall be located adjacent to the reverse vending machine.

B.

Small Recycling Collection Facilities. Small recycling collection facilities are allowed subject to the zoning compliance review, pursuant to Chapter 16.603, Zoning Compliance or a Minor Use Permit, Chapter 16.606, Minor and Major Use Permit, and compliance with the criteria and the standards in this section:

1.

Size. Recycling collection facilities shall not exceed a building site footprint of three hundred fifty square feet or include more than three parking spaces (not including space periodically needed for the removal or exchange of materials or containers).

2.

Equipment. No power-driven processing equipment, except for reverse vending machines, may be used.

3.

Location. Facilities shall not be located within fifty feet of a residential zoning district.

4.

Setback. Facilities shall be set back at least ten feet from any street lot line and not obstruct pedestrian or vehicular circulation.

5.

Containers. Containers shall be constructed of durable waterproof and rustproof material(s) and secured from unauthorized removal of material. Capacity sufficient to accommodate materials collected in the collection schedule.

6.

Identification. Containers shall be clearly marked to identify the type of accepted material, the name and telephone number of the facility operator and the hours of operation.

7.

Signs. The maximum sign area shall be twenty percent of the area of the side of facility or container or sixteen square feet, whichever is larger. In the case of a wheeled facility, the side is measured from the pavement to the top of the container. The director may authorize increases in the number, size and nature of additional signs for necessary directional or identification purposes but not for outdoor advertising.

8.

Parking. Patrons and the attendant shall not reduce available parking spaces below the minimum number required for the main use unless a parking study shows available capacity during recycling facility operation.

9.

Site Maintenance. Sites shall be maintained clean, sanitary, and free of litter and any other undesirable materials.

a.

Containers shall be constructed and maintained with durable, waterproof and rustproof material and shall be covered;

b.

Containers shall be clearly marked to identify the type of recyclable or recyclables which may be deposited;

c.

The facility shall be clearly marked to identify the name and telephone number of the facility operator;

d.

Site shall be swept and maintained in a dust-free, litter-free condition on a daily basis;

e.

The facility shall be placed on a site so as not to obstruct on-site or off-site pedestrian or vehicular circulation;

f.

Noise level shall not at any time exceed fifty-five dBA as measured at the property line of residentially zoned or occupied property; otherwise shall not exceed seventy dBA;

g.

The facility shall not include power-driven sorting and/or consolidation equipment such as crushers or balers, except bulk reverse vending machines;

10.

Signage. Signs shall be provided as follows:

a.

An unattended container not over fifty cubic feet in bulk and not over eight feet in height may have a maximum sign area of four feet, and

b.

Other containers or units may have one flat-mounted sign per side of container or wall of enclosure of twenty percent of the surface of the side or six square feet, whichever is greater.

11.

Other requirements.

a.

The minimum average illumination of the site shall be one-half foot candle;

b.

Use of the facility for collection of solid waste or hazardous waste is prohibited;

c.

The facility shall be removed from the site on the day following permit expiration;

d.

An attended facility shall be in operation only during the hours of operation of the host business;

e.

The facility shall conform to all development regulations for the zone in which it is located; for an attended facility, a minimum of one parking space per attendant shall be provided;

f.

The operator of any recycling collection facility shall, on a daily basis, remove any and all recyclable materials or solid waste which has accumulated or is deposited outside the containers, bins or enclosures intended as receptacles for such materials;

g.

All recyclable material shall be stored in containers or in the mobile unit vehicle;

h.

Containers for the twenty-four-hour donation of materials shall be at least thirty feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use;

i.

Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.

C.

Large Recycling Collection Facilities

1.

Major Use Permit Required. When a major use permit is required in compliance with Table 16.301-B, Land Use Regulations of the Zoning Code, the permit shall contain conditions no less stringent than the performance standards set out in this chapter. Where there is any apparent conflict between these regulations and regulations contained elsewhere in this Zoning Code or the Vallejo Municipal Code and/or with conditions of approval, the more stringent shall govern.

2.

Performance Standards. In addition to the performance standards set forth Section 16.501.08, Solid Waste, Recycling, and Organic Waste Storage, the following minimum performance standards shall be uniformly applied, as applicable, to all large recycling collection centers.

3.

Site Design and Layout. For new and expanded uses, submittal and approval of the following plans, and implementation of approved plans shall be required:

a.

Site and floor plans, which shall include designated areas for separation and disposal of materials, as well as required fencing/walls, to the planning and building divisions;

b.

Building plans to the fire department;

c.

Fire safety/emergency plan to the fire department.

4.

Signage. For existing, new or expanded uses: identification, directional and informational signs shall be provided on site in conformance with Chapter 16.509, Signs. At a minimum, the following information shall be posted near the entrance(s) and/or perimeter of the facility:

a.

Business identification including twenty-four-hour contact information of facility operator;

b.

Hours of operation;

c.

Signage prohibiting the delivery or drop off of material to be recycled after-hours;

d.

Signage prohibiting illegal dumping, littering loitering or sleeping in proximity of the site's perimeter;

e.

A map of authorized truck routes to the facility posted at the office or scale house (and available to customers);

f.

A list of accepted and/or non-accepted materials for recycling.

5.

Appearance and Design.

a.

Landscaping.

i.

For existing, new or expanded uses, all required planting shall be permanently maintained in good growing condition and, whenever necessary, replaced with new plant materials to ensure continued compliance with applicable landscaping requirements. All required irrigation systems shall be permanently maintained in good condition, and, whenever necessary, repaired or replaced.

ii.

For new or expanded uses, submittal and approval of a landscape and irrigation maintenance plan and/or street tree plan, and implementation of approved plan for new and expanded uses, shall be as required by the director.

b.

Screening. For existing, new and expanded uses, screening by a solid fences and/or walls shall be required around the entire site;

c.

Lighting.

i.

For new or expanded uses, lighting plans in compliance with Chapter 16.506, Lighting and Glare, shall be submitted to the planning and building divisions for review and approval.

ii.

For existing uses, lighting shall comply with the applicable performance standards of Chapter 16.506, Lighting and Glare.

d.

Noise, Vibration and Other Applicable Health and Safety Regulations. For existing, new or expanded uses:

i.

Noise and vibration levels from the activity, property, or any mechanical equipment on site shall comply with the standards and requirements of Section 16.502.10, Noise, and Chapter 16.502, Performance Standards. If noise or vibration levels exceed these standards, the activity causing the noise shall be abated until appropriate noise reduction measures have been installed and compliance verified by the planning and building divisions;

ii.

The project operator/applicant shall comply with state and other regional bodies and/or applicable regulations including, but not limited to, the federal Clean Water Act and Occupational Safety and Health Administration (OSHA), the California Penal Code Section 496. (a), the Environmental Protection Agency (EPA), the Bay Area Air Quality Management District (BAAQMD) and Best Management Practices (BMP) for stormwater.

e.

Litter, Debris, Graffiti and Cleanliness. For existing, new or expanded uses:

i.

The site shall be maintained in a clean and orderly condition, free of vectors, and free of standing water and any odoriferous waste;

ii.

The public right-of-way shall not be used for storage or processing of materials;

iii.

Graffiti shall be removed within seventy-two hours of application;

iv.

A cleanliness/litter management and control plan shall be developed, implemented and maintained, such that it is ready for inspection.

f.

The plan shall include provisions for the disposal of recycling-related litter and debris in the public right-of-way within the area comprised of all streets adjacent to the premises, and the one-block extension of those streets to the north and south, and east and west, respectively. This would not include material illegally dumped that is not related to the recycling operation, including but not limited to, hazardous material, containers of paint or unidentified liquids, tree trimmings, residential, commercial and/or industrial waste or dumping of materials not accepted by the primary recycling collection center.

g.

In addition, the recycling collection center shall produce a notice to distribute to customers that states that all illegal dumping shall be reported to city authorities.

6.

Shopping Cart Management. If a large recycling collection center accepts materials from the public brought by means of a shopping cart, it shall also comply with all of the following requirements:

a.

The collection center shall be responsible for the retrieval of all shopping carts within the area comprised of all streets adjacent to the premises, and the one-block extension of those streets to the north and south, and east and west, respectively.

b.

The collection center shall post signage that includes contact information to report abandoned shopping carts in the vicinity of the facility;

c.

If called or notified by a member of the public about abandoned shopping carts located within a two-block radius of the premises, the collection center shall retrieve said carts.

7.

Circulation. For new or expanded uses submittal and approval of the following plans, and implementation of approved plans are required:

a.

A circulation plan that shows ingress and egress, parking both on-site and off-street, as well as includes provisions for any needed staff to monitor on-site traffic operations, shall be reviewed and approved by the traffic engineer;

b.

A plan showing rail loading and unloading within site shall be required (as applicable) submitted to the planning division.

8.

Equipment and Facilities. All existing, new or expanded uses:

a.

All equipment shall be maintained and kept in good working order;

b.

After business hours, all facility-owned vehicles shall be stored within the facility or at an appropriate alternative off-street location.

9.

Operations. All existing, new or expanded uses:

a.

Shall maintain a twenty-four-hour "hotline" where neighbors can log complaints regarding nuisance activity associated with or emanating from the recycling facility. Complaints logs shall be maintained and made available to the city for inspection/copying upon reasonable notice;

b.

Shall provide staff and training for traffic operations needed on-site, as required by the planning division as part of any circulation plan;

c.

Shall develop, implement and maintain a plan for the disposal and containment of non-recoverable materials that is ready for inspection; submittal and approval of such a plan prior to operation shall be required for new or expanded uses;

d.

Shall keep all entrance gates closed and locked when the recycling collection facility is not open to the public;

e.

Shall not burn insulation from copper wire as a means to increase the material's value or for any other purpose.

D.

Relief from Performance Standards. Any person who owns or operates, or who has applied to construct, expand, modify or establish an activity or facility that involves a large recycling collection center, which would be affected by the performance standards required, and who contends that the performance standards as applied to him or her would be unlawful under federal, state, or local law or regulation, may submit a written application to the director requesting relief from the performance standards within ten days of being initially notified of the performance standards. For purposes of this chapter, notice to a predecessor in interest shall constitute such initial notice to subsequent owners/operators. The written request for relief from these performance standards shall:

1.

Identify the name and address of the applicant and business;

2.

Identify the affected application number;

3.

Specifically state how the performance standards as applied to him or her would be unlawful under federal, state, or local law or regulation; and

4.

Include all appropriate legal and factual support for the request for relief. Within thirty days of receipt of the completed request for relief, the director shall mail to the applicant a written determination.

5.

The applicant may appeal such determination pursuant to Chapter 16.602, Common Procedures, Section 16.602.14, Appeals.

E.

Recycling Processing Facilities.

1.

Location. Facilities shall not be adjacent to a residential zoning district.

2.

Screening. The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure.

3.

Outdoor Storage. Exterior storage of material shall be in sturdy containers or enclosures that are secured and maintained in good condition. Storage shall not be visible above the height of the required solid masonry walls.

4.

Identification. Facilities shall be clearly marked with the name and phone number of the facility operator and hours of operation.

These provisions ensure that residential care facilities are established and operated in compliance with applicable federal and State law and regulations, for the benefit of their residents and protecting surrounding uses from potential adverse effects. More specifically, for the establishment and operation of facilities offering living accommodations, and twenty-four-hour primarily non-medical care and supervision, for persons in need of such services.

These provisions apply to residential care facilities serving seven or more persons in any district where they are allowed; including the following facilities, as defined in the California Health and Safety Code, and in this Code:

A.

A residential care facility, as defined by Health and Safety Code Section 1568.01, as a facility for persons with chronic, life-threatening illnesses who are eighteen years of age or older, or are emancipated minors, and for family units.

B.

A residential care facility for the elderly, as defined at Health and Safety Code Section 1569.2, 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, or personal care are provided based on their varying needs.

C.

An alcoholism or drug abuse recovery or treatment facility, as defined at Health and Safety Code Section 11834.02, to provide residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services.

D.

A hospice facility as defined at Health and Safety Code Section 1339.40, to provide care for persons experience the last phases of life due to a terminal disease.

Residential facilities for six or fewer residents shall be treated as a residential use and subject only to the same requirements as any permitted residential use of the same housing type in the district in which they are located.

A.

Location. Minimum distance from any other residential facility shall be three hundred feet as specified by State Health and Safety Code Section 1267.9 (b).

B.

Usable Open Space. At least twenty square feet of usable open space shall be provided for each person who resides in the facility.

These provisions ensure that schools are located close to where students live and to provide safe environments for students, faculty, and other school employees. They apply to all facilities for primary or secondary education including public, charter, private and parochial schools.

A.

Use Permit Required. A minor or major use permit shall be required pursuant to Chapter 16.606, Minor and Major Use Permits, as follows:

1.

A minor use permit is required to construct an addition that would increase the floor area of an existing school building, or as applicable.

2.

A major use permit is required for:

a.

Construction of new school;

b.

Establishment of a school in all or part of an existing building that was not designed for or occupied by a K-12 school.

3.

To grant the use permit, the director or the planning commission shall determine, based on the information presented by the applicant and the standards of this chapter:

a.

That the school location is appropriate for the use, and that adjacent uses will not be adversely affected;

b.

That adequate access, student drop-off areas and required off-street parking is provided; and

c.

That outdoor play areas are appropriately-sized, furnished with facilities and equipment, safe, and secure.

B.

Site Plan Required. The applicant shall provide a site plan with the use permit application that includes all of the following information:

1.

The proposed enrollment and student capacity of the school;

2.

The size and location of all indoor and outdoor areas for physical education;

3.

The pedestrian and traffic circulation systems proposed for the site, include student drop-off areas, in addition to queuing areas for pick up;

4.

The proposed parking, both on-site and off-site; and

5.

A development phasing schedule, if the school will be developed in phases.

C.

Locational Standards.

1.

If the proposed site is within one thousand five hundred feet of a railroad track easement, a safety study shall be submitted with the use permit application, prepared by a professional trained in assessing the frequency, speed, and schedule of railroad traffic and pedestrian and vehicle safeguards at railroad crossings. In addition to the analysis, reasonable and feasible mitigation measures to address existing or potential safety issues shall be identified, which shall be incorporated into conditions of approval, as appropriate.

2.

If the proposed site is within one thousand five hundred feet of an above-ground fuel storage tank or high-pressure oil or gas pipeline, or within two thousand feet of a hazardous waste disposal site, a hazards risk assessment shall be submitted with the use permit application, and recommendations of that assessment shall be incorporated into conditions of approval, as appropriate.

3.

The director may waive submission of the studies required above if a safety or hazards risk assessment has been previously prepared for the site and submitted to the city or another permitting agency, and the applicant agrees to the recommendations and mitigation measures of such an assessment.

D.

Site Standards

1.

The site shall be easily accessible from arterial or collector streets and shall allow minimum peripheral visibility from planned driveways and drop-off areas.

2.

Parent drop-off areas, queuing areas for pick up, bus loading areas if provided, and on-site parking shall be separated from walkways to allow students to enter and exit the school grounds safely.

3.

Adequate outdoor or indoor play areas shall be provided to meet the needs for the planned enrollment. The minimum standard is fifty square feet of active play area per student. The director or the planning commission, may reduce this requirement upon finding that:

a.

Public parks are with one-quarter mile of the school and a joint-use agreement with the city has been executed, or

b.

The scheduling of physical education (e.g., staggered recess times) permits more efficient use of on-site facilities.

c.

All outdoor play facilities that border a street or parking area shall be enclosed by a minimum six-foot high fence or wall.

4.

Delivery and service areas shall be located to provide vehicular access that does not jeopardize the safety of students and staff. Delivery/utility vehicles shall have direct access from the street to the delivery area without crossing over playground or field areas or interfering with bus or parent loading unless a fence or other barrier protects students from large vehicle traffic on playgrounds.

E.

Accessory Uses. Accessory uses customarily found in conjunction with schools, including dormitories, gymnasiums, stadiums, performing arts facilities, and auditoriums, are permitted provided that such accessory uses are located on the same lot or a contiguous lot adjoining the school.

F.

Design Standards.

1.

The design of structures shall incorporate setbacks, recesses, projections, upper-story setbacks, and similar architectural measures to help diminish visible building bulk as seen from adjoining public streets.

2.

Larger structures with high levels of activities and parking areas shall be sited to minimize noise and other impacts on surrounding residential development and shall be landscaped to meet the applicable requirements of Chapter 16.504, Landscaping.

3.

School campuses, excluding outdoor recreational areas, shall be subject to the minimum lighting standards applicable to multi-family development in the districts where they are located. Entries shall be lighted to ensure the safety of persons and the security of buildings. Outdoor lighting that is not required for security shall be turned off when a building or outdoor recreational area is not in use.

These provisions implement the housing element of the general plan and state law, to encourage and facilitate the development of single-room occupancy units (SROs); which accommodate extremely low-income single persons and two-person households.

A.

Use Permit Required. Single-Room Occupancy (SRO) Housing, also called residential hotels, shall be located, developed, and operated in compliance with the following standards in the zoning districts where they are permitted or subject to approval of a minor or major use permit, as applicable, provided in Chapter 16.606, Minor and Major Use Permits:

B.

Maximum Number of Units. If an SRO contains a common kitchen that serves all residents, the maximum allowable number of individual units shall be twenty percent above the maximum number otherwise allowed by the base density applicable to residential development in the zoning district where the SRO is located.

C.

Maximum Occupancy. Each living unit shall be designed to accommodate a maximum of two persons.

D.

Minimum Width and Minimum Size. A unit comprised of one room, not including a bathroom, shall not be less than twelve feet in width and include at least one hundred eighty square feet of habitable space.

E.

Entrances. All units shall be independently accessible from a single main entry, excluding emergency and other service support exits.

F.

Cooking Facilities. Cooking facilities shall be provided either in individual units or in a community kitchen. Where cooking is in individual units, each unit shall have a sink with hot and cold water; a counter with dedicated electrical outlets and a microwave oven or a properly engineered cook top unit pursuant to Building Code requirements; at minimum a small refrigerator; and cabinets for storage.

G.

Bathroom. A unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink, and bathtub or shower, or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided that meet the standards of the Building Code for congregate residences with at least one full bathroom per floor.

H.

Closet. Each unit shall have a separate closet.

I.

Common Area. A minimum of four square feet per living unit of common area shall be provided, excluding janitorial storage, laundry facilities, and common hallways. At least two hundred square feet of common area shall be on the ground floor near the entry to serve as a central focus for tenant social interaction and meetings.

J.

Tenancy. Tenancy of residential hotel units is limited to thirty or more days.

K.

Facility Management. A facility with ten or more units shall provide full-time on-site management. A facility with fewer than ten units shall provide a management office on site.

L.

Management Plan. A management plan shall be submitted with the minor or major use permit application for an SRO project for review and approval by the planning commission. At minimum, the management plan shall include the following:

1.

Security/Safety. Proposed security and safety features such as lighting, security cameras, defensible space, central access, and user surveillance;

2.

Management Policies. Management policies, including desk service, visitation rights, occupancy restrictions, and use of cooking appliances;

3.

Rental Procedures. All rental procedures, including the monthly tenancy requirement;

4.

Maintenance. Maintenance provisions, including sidewalk cleaning and litter control, recycling programs, general upkeep, and the use of durable materials.

These provisions ensure the development of social service centers, which provide a variety of supportive services for disabled and homeless individuals and other targeted groups on a less-than-twenty-four hour basis, does not adversely affect nearby residents and businesses; while providing for the needs of all segments of clients.

A.

Waiting Areas. Each center shall include indoor waiting and intake areas for clients.

B.

Hours of Operation. Centers may be operated between the hours of 8:00 a.m. and 8:00 p.m., Monday through Saturday.

C.

Security.

1.

Security Plan. The center operator shall submit a security plan for approval to the director. The plan shall include provisions for security staffing, alarms, and other elements the director deems necessary to ensure the security of the site.

2.

Alarm System. A centrally monitored alarm system shall be installed and maintained in good working order.

3.

Staffing. On-site supervision shall be provided at all times that the center is in operation.

4.

Emergency Contact. The center operator shall provide the chief of police with the name, phone number and email address of an on-site community relations staff person to whom one can provide notice if there are operating problems associated with the center. The center shall make a good faith effort to encourage members of the public to call this person to try to solve operating problems, if any, before calls or complaints are made to the city.

D.

Litter. Outdoor trash receptacles shall be available near the entrances to and exits from the establishment. The premises shall be continuously maintained in a safe, clean and orderly condition.

E.

Prohibited Activities. Patrons shall immediately leave the site if not waiting for or receiving services, and no consumption of alcoholic beverages is allowed on the premises. The operator shall post a sign detailing these requirements.

These provisions encourage the use of solar and wind energy as alternative, and non-depletable energy resources, in compliance with the requirements of state law. They ensure that the installation of facilities is accomplished without creating adverse impacts on surrounding residents, and other development. More specifically, to:

A.

Protect the use of solar energy systems without prohibiting normal property development; and

B.

Regulate the placement of and access to wind energy conservation systems for the purposes of protecting the health and safety of individuals on adjacent properties as well as the general public.

These requirements apply to new rooftop and ground-mounted solar and wind energy systems that:

C.

Conform to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city, and

D.

Do not exceed the maximum legal building height.

A.

Permit Requirements.

1.

Zoning Compliance Review. Solar energy systems proposed on existing buildings shall be permitted subject to a determination of compliance with the requirements of this chapter pursuant to Chapter 16.603, Zoning Compliance Review.

2.

Minor or Major Use Permit. Solar energy systems shall be permitted as part of a development project that requires a use permit, as appropriate, pursuant to Chapter 16.606, Minor and Major Use Permits.

3.

Development Review. Solar energy systems shall be permitted as part of a development project that requires a development review, pursuant to Chapter 16.605, Development Review, and shall also comply with the standards of this chapter.

B.

Site and Project Design.

1.

Sites shall be designed to take advantage of solar access, including the orientation of proposed buildings with respect to sun angles, the shading and windscreen potential of existing and proposed vegetation on and off the site, and the impact of solar access to adjacent uses and properties.

2.

Subdivision and residential planned unit developments shall be designed so that dwelling units are oriented to the south to permit maximum exposure to the winter sun for solar heating. When necessary in order to achieve a southerly orientation for individual dwelling units, the director, upon application for an exception as provided by Chapter 16.608, Exceptions, may reduce or waive minimum yard requirements.

3.

Buildings, landscaping, vegetation, fences, and other solar screens should be located and sited to the minimum extent possible so that they do not preclude or discourage the use of solar energy on adjacent properties and buildings. Where necessary, the director may require submission of a map showing shadows cast by solar screens, including landscaping and vegetation at maturity, for 12:00 noon (Solar Time) on December 21st.

4.

When reviewing applications for subdivision or development review approval, the director or the planning commission shall ensure that the project is designed to minimize the extent to which the proposed construction would block access to sunlight between the hours of 9:00 a.m. and 3:00 p.m. Pacific Standard Time for existing ground-mount, pole-mount, or roof-mount solar energy collectors or for solar energy collectors for which a permit has been issued.

5.

The plan for development of any site within cluster subdivisions shall be designed and arranged in such a way as to promote solar access for all dwelling units including, but not limited to, consideration of the following:

a.

In order to maximize solar access, the higher density dwelling units should be placed on a south-facing slope and lower-density dwelling units sited on a north-facing slope;

b.

Subject to the applicable setback requirements, structures should be sited as close to the north lot line as possible to increase yard space to the south for reduced shading of the south face of a structure; and,

c.

A tall structure should be sited to the north of a short structure.

C.

Facilities and Equipment.

1.

Exterior clothes drying facilities shall not be prohibited in subdivisions and shall be provided in apartment house and condominium developments.

2.

Exterior active and passive solar energy collectors and ancillary equipment shall not be prohibited in subdivisions, apartment houses, and condominiums.

3.

In complying with the landscaping requirements of this code, developers shall take into account the impact of street trees on the solar access of surrounding properties and, where possible, efforts shall be made to avoid shading possible locations of solar collectors.

4.

All parking areas shall be planted to afford a maximum amount of shaded area during the summer months. To permit maximum solar access to proposed lots and future buildings, wherever reasonably feasible and where consistent with other appropriate design considerations, new streets shall be located on an east-west axis to encourage building siting with the maximum exposure of roof and wall area to the sun.

5.

Visibility. Except for solar collector panels, their necessary support structure, and conduit, solar energy systems shall not be visible from the public right-of-way adjacent to the front property line.

a.

Except on single-unit properties, solar collector panels, their necessary support structure(s), and conduit(s), shall be installed in the location that is the least visible from abutting streets directly facing the subject property so long as installation in that location does not significantly decrease the energy performance or significantly increase the costs of the solar energy system as compared to a more visible location.

b.

For energy performance, "significantly decrease" shall be defined as decreasing the expected annual energy production by more than ten percent.

c.

For the cost of solar energy systems, "significantly increase" shall be defined as increasing the cost of a photovoltaic solar energy system by more than one thousand dollars or the cost of a solar water or swimming pool heating system by more than ten percent.

d.

The review and determination of the cost or energy efficiency of installation alternatives shall be made by the director based on analysis prepared by a qualified solar technician or licensed engineer. The review and determination of the least visible alternative shall be made by the director.

6.

Height. The height of solar energy systems is subject to the following standards:

a.

On Single-Unit Properties: Photovoltaic solar energy systems may extend up to five feet above the height limit in the zoning district in which it is located. Solar water or swimming pool heating systems may extend up to seven feet above the height limit in the zoning district in which it is located; and

b.

On all other Properties: Photovoltaic solar energy systems may extend up to five feet above the roof surface on which they are installed, even if this exceeds the maximum height limit in the zoning district in which it is located. Solar water or swimming pool heating systems may extend up to seven feet above the roof surface on which they are installed even if this exceeds the maximum height limit in the zoning district in which it is located.

7.

Setbacks. Except for solar collector panels, solar energy system equipment may be installed within the required side and rear setback but shall not be closer than two feet to any property line.

8.

Historic Properties. On a property containing a designated landmark or contributing structure to a designated historic district as defined in Chapter 16.614, Architectural Heritage and Historic Preservation, solar energy systems that meet the criteria established in this chapter shall be permitted. Applicants are encouraged to locate panels away from principal (street-facing) facades, install the panels flush with roof plane (rather than elevated at a different angle), locate conduit and other ancillary equipment in a non-conspicuous location instead of the primary facade, and avoid obstructing key architectural features.

9.

Alternative Review. Proposed solar energy installations on all property types that do not meet the standards set forth in this chapter shall not be authorized unless approved by the director in accordance with Chapter 16.605, Development Review, prior to issuance of a building permit, except that such installations shall require a certificate of appropriateness by the architectural heritage and landmarks commission in accordance with Chapter 16.614, Architectural Heritage and Historic Preservation, when located on a property containing a designated landmark or contributing structure to a designated historic district. These reviewing bodies may authorize installations that exceed the height limit in the applicable zoning district by a maximum of fourteen feet.

Installation and operation of wind-energy conservation systems (WECS) shall be permitted in compliance with the following standards in the zoning districts where they are permitted:

A.

Permits Required.

1.

A minor use permit as described in Chapter 16.606, Minor and Major Use Permits, shall be required for all wind-energy conservation systems (WECS) of less than five hundred square feet of rotor area (twenty-five-foot diameter).

2.

WECS's exceeding five hundred square feet of rotor area shall require a major use permit as described in Chapter 16.606, Minor and Major Use Permits and shall be subject to conditions placed on the permit and the provisions of this chapter, whichever is more restrictive.

B.

Performance Standards. Any WECS shall comply with the following requirements:

1.

The WECS shall not exceed the noise and vibration standards described in Section 16.502.10, Noise.

2.

The WECS shall be operated so that no harmful interference with radio and/or television broadcasting or reception is caused.

3.

A WECS shall not be installed in any location along the major axis of an existing microwave communications link where the operation of the WECS is likely to produce an unacceptable level of electromagnetic interference unless the applicant provides sufficient evidence indicating that the degree of interference will not disrupt the communications link.

4.

The WECS shall be located in accordance with guidelines of the Federal Aviation Administration.

C.

Dimensions. The maximum allowable hub height shall be one hundred feet. The lowest reach of the rotor shall be seventy-five feet from the ground unless it can be demonstrated by the applicant that a lower height would not subject the rotor to excessive turbulence. In no case shall the rotor be less than fifteen feet from the ground. Tower-climbing apparatus shall be no lower than twelve feet from the ground.

D.

Setbacks. The WECS shall be set back a minimum distance of 1.25 times the maximum height reached by any part of the WECS to any property line, and a minimum of ten feet from any other structure on the property. A three hundred-foot setback shall be maintained from any district in which a WECS is not permitted. Setbacks determined by height may be waived when appropriate easements are secured from adjacent property owners or other acceptable mitigation is approved by the director.

E.

Safety. At least one sign shall be posted at the base of the tower warning of high voltage. The generator, alternator or service entrance shall also be posted with the following information:

1.

Maximum power input (kw), rated voltage (volts) and rated current;

2.

Normal and emergency shutdown procedures; and

3.

The maximum wind speeds the WECS in automatic unattended operation can sustain without damage to structural components or loss of the ability to function normally. The WECS shall be designed with both manual and automatic overspeed controls to limit the speed of blade rotation below the design limits of the rotor.

F.

Design Considerations. All electric lines serving the WECS shall be installed underground. Guyed towers shall be within a six-foot fence of sufficient radius to enclose all guy cables.

G.

Utility Company Notification. The Pacific Gas and Electric Company shall be notified in writing in accordance with procedures established by the California Public Utilities Commission of any proposed interconnection with that company's grid prior to installing said interconnection.

H.

Maintenance. The tower and generating unit shall be kept in good repair. The WECS shall be deemed abandoned if not in continuous use except for maintenance and repairs. Upon the determination of abandonment, said system and tower shall be removed within thirty days of written notice to the applicant and property owner as shown on the latest tax rolls and subject to the appeals procedure as described in Section 16.602.14, Appeals.

I.

All wind turbines above one hundred feet in height shall be located outside the line-of-sight of the Travis Radar installation.

These provisions address certain uses that are intended to be of limited duration, to ensure that they will not permanently alter the character or physical features of the sites they occupy, and will not have negative effects on surrounding development. Unless exempt, all temporary uses described in this chapter shall require a temporary use permit as provided below. The director may only approve the temporary use permit after finding that the application meets all of the applicable requirements of this chapter. Unless otherwise stated in this chapter or included as part of a temporary use permit, a temporary use shall not exceed a maximum of three years.

A.

Real Estate Office Within A Subdivision.

1.

Accessory Structures and Facilities. Accessory structures and facilities are permitted in conjunction with the establishment of a temporary real estate office in conformance with an approved temporary use permit.

2.

Parking. The application shall include a site plan showing the real estate office and a parking area adequate to serve the users and visitors of the office.

3.

Time Limitation. Maximum time limitation is one year. Extensions may be approved for a maximum of two years.

B.

Construction Office.

1.

Sewage Disposal System. If a sewage disposal system is installed in a temporary construction office, it shall comply with the requirements of the building division.

2.

Parking. The application for a temporary use permit shall include a site plan showing the construction office and a parking area adequate to serve the users and visitors of the office.

3.

Removal or Conversion. A temporary construction office shall be removed or shall be converted to a permitted use prior to the issuance of a certificate of use and occupancy for the main building or buildings. If construction is phased over a length of time, the temporary use permit may provide that certificates of occupancy may be issued for completed buildings, except the last buildings to be completed, prior to removal or conversion of the temporary use.

C.

Existing Buildings.

1.

Conformity with Regulations. Prior to occupancy of a new building, the existing building will be brought into conformity with any additional regulation rendered applicable by the placement of any new building on the site. Conformity will be accomplished by removal, reconstruction, relocation, conversion, change of use or any combination thereof.

2.

Guarantee of Completion. The director shall require the landowner to provide a guarantee, which may include a bond or certified check, to ensure full compliance with the zoning regulations upon completion of the new building or sooner if, in the manager's opinion, work pertaining to the completion of all facilities required by law is not being diligently pursued.

D.

Animal Husbandry and Agricultural Education Projects.

1.

Time Limitation. The maximum time period for any temporary use permit is two years.

2.

Health and Safety Requirements. The temporary use permit application shall include a statement from the Solano County environmental health division that the proposed use complies with applicable county health and safety regulations.

E.

Christmas Tree Sales.

1.

Date of Opening. A Christmas tree sales facility shell neither be open for business nor show any evidence of this temporary use, during any calendar year, more than sixty days prior to Christmas Day.

2.

Time Limitation. Maximum time limitation is two months.

3.

Merchandise to Be Sold. A permitted Christmas tree sales facility may sell ornaments and other Christmas decorations in addition to Christmas trees but shall not engage in the sale of any merchandise not directly associated with Christmas trees and Christmas decorations.

4.

Electrical Permit. The applicant shall secure an electrical permit from the building division if the facility is to be energized.

5.

Removal of Facility. The facility shall be removed and the premises upon which it is located shall be cleared of all debris and restored to the condition they were in prior to the establishment of the facility, within fourteen days after Christmas Day. The director may require the applicant to provide a guarantee, which may include a cash bond or certified check, to ensure full compliance with these removal procedures.

6.

Fire Prevention Standards. Each Christmas tree sales facility shall comply with fire prevention standards as approved and enforced by the city fire department.

7.

Signage. Signage shall comply with the requirements of Chapter 16.509, Signs.

F.

Christmas Tree Recycling.

1.

Application for Permit. Application for a temporary use permit to collect Christmas trees for recycling shall be submitted to the planning division no later than November 1st. For Vallejo nonprofit groups, there shall be no temporary use permit fee. The temporary use permit may be renewed on an annual basis and is subject to the Christmas Tree Lot Renewal Fee in the Master Fee Schedule.

2.

Recycling Deposit. The operator of the Christmas tree sales facility shall pay a deposit consistent with Master Fee Schedule, to cover the cost of recycling trees. A prorated share of the deposit will be returned based on the actual number of trees sold in addition to the number that are not said but recycled by the operator.

3.

Notification of Recycling Activities. Each facility shall display information on where and how Christmas trees can be recycled, and shell distribute with the sale of each tree information provided by the Planning Division on recycling activities.

G.

Mobile Unit or Structure as Accessory Use.

1.

Use of Mobile Unit or Structure. A mobile unit or structure shall be permitted as a caretaker's or manager's residence and shall be accessory to the principal use on the same building site. A mobile unit or structure shall also be permitted as a temporary residence while a residential unit is constructed on the same parcel with an active building permit and shall be removed within fourteen days of issuance of a certificate of occupancy.

2.

Water Distribution System. A water distribution system shall be installed to serve each mobile unit or structure in compliance with applicable laws and regulations administered by the chief building official.

3.

Sewage Disposal System. The sewage disposal system shall be installed to serve each mobile unit or structure in compliance with applicable laws and regulations administered by the chief building official.

4.

Time Limitation. Maximum time limitation is one year.

5.

Removal of Mobile Unit or Structure. The mobile unit or structure shall be removed and the premises upon which it is located shall be cleared of all debris within fourteen calendar days after the temporary use permit has expired or after the use has ceased, whichever occurs first. The director shall require the applicant to provide a guarantee, which may include a cash bond or certified check, to ensure full removal.

H.

Mobile unit or structure used for industrial or storage purposes.

1.

Use of Mobile Unit or Structure. A mobile unit or structure shall be permitted for temporary storage only by the primary user of the property.

2.

Time Limitation. Maximum time limitation is six months.

3.

Temporary Use less than thirty days. Permitted on private property and does not require a temporary use permit. Temporary placement within the public right-of-way requires an encroachment permit from the public works department.

I.

Agricultural Products Sales.

1.

Fire prevention standards. Agricultural products sales facility shall comply with fire prevention standards as required and enforced by the Vallejo Fire Department.

2.

Signage. Signage shall comply with the requirements of Chapter 16.509, Signs.

3.

Electrical Permit. An electrical permit issued by the building division is required if the facility is to be energized.

4.

Permitted Merchandise. A permitted agricultural sales facility may sell holiday-related decorations in addition to agricultural products but shall not engage in the sale of any merchandise not directly associated with the agricultural products and the Halloween and Thanksgiving holidays.

5.

The following standards apply to the sale of agricultural products, except for those related to specific holidays:

a.

Design. The stand shall not exceed one hundred square feet in floor area, shall be exclusively of wood frame type construction, and this shall not be located within twenty feet of any public highway right-of-way.

b.

Removal. The stand shall be removed from the premises on which it is located within five days after the expiration of the permit.

c.

Time limitation. Maximum time limitation is ninety days.

6.

The following standards apply to the sale of agricultural products, such as pumpkins, related to the Halloween and Thanksgiving holidays:

a.

Date of opening. An agricultural products sales facility shall neither be open for business nor show any evidence of this temporary use, during any calendar year, more than forty days prior to October 31st.

b.

Time limitation. Maximum time limitation is three months for agricultural product sales related to Halloween and Thanksgiving. The permit may be renewed for a fee of ten percent of the established permit fee.

c.

Removal of facility. The facility shall be removed and the premises upon which it is located shall be cleared of all debris and restored to the condition they were in prior to the establishment of the facility, within fourteen days after Thanksgiving Day. The director shall require the applicant to provide a guarantee, which may include a cash bond or certified check, to ensure full compliance with these removal procedures.

J.

Entertainment Assembly.

1.

Time Limitation. Maximum time limitation is thirty days.

2.

Location. The temporary use shall not be located on a parcel within two hundred feet of a residentially-zoned parcel, as measured from the closest property lines.

3.

Security. The operator of the entertainment use shall provide proof to the director that security personnel have been employed for the duration of the temporary use.

4.

Removal. The director may require a cash bond, certified check or other guarantee of the removal of the permitted temporary use upon the expiration of the temporary use permit.

K.

Requirements for Use of Tents. The requirements of this chapter apply to the use of tents for any temporary use subject to the provisions of this chapter.

1.

Applications. Applications for approval of a temporary use permit involving the use of a tent shall include the following information:

a.

Purpose for which tent is proposed to be used;

b.

The approximate dimensions of the proposed tent;

c.

The location at which tent is proposed to be erected; and,

d.

Distance between the proposed tent and the nearest structure on the subject property and on adjacent lots.

e.

The application shall be signed both by the applicant and the owner of the property on which the tent would be located, or the owner's duly authorized representatives.

2.

Procedures.

a.

The director and the fire chief or an authorized deputy shall approve or deny the application to use a tent after conducting review and determining whether the proposed tent will create any unreasonable hazard to life or property and whether the erection or maintenance thereof will injuriously affect adjacent or nearby property or residents of the neighborhoods.

b.

The director may revoke any permit involving the erection and maintenance of a tent within the city at any time prior to its expiration for the violation of any condition upon which the permit is issued or when, in their opinion, the health, welfare, safety and morals of the residents of the city or any portion thereof are adversely affected by the continued presence of such tent. Upon the revocation of any such permit, the person to whom the permit was granted shall, within the times specified by the manager, remove such tent.

3.

Special Conditions for Use of Tents. Approval for the use of tents shall for any temporary activity shall be subject to conformance with the following conditions. Violation of any of these conditions shall be grounds for the revocation of a permit, as provided below.

a.

Time Limitation. Maximum time limitation is thirty days.

b.

Removal. The director may require a cash bond, certified check or other guarantee of the removal of the permitted temporary use upon the expiration of the temporary use permit.

c.

Building Code Compliance Required. The erection and use of a tent shall comply with the Building Standards Code, Part 9, and all other applicable city ordinances.

This chapter establishes a process for review and approval of certain uses that are of limited time duration and do not permanently alter the character or physical facilities of the site where they occur. Temporary use permits replace the administrative permit and process, based on the director's determination.

A.

Application. An application for a temporary use permit shall be submitted at least twenty-one days before the use is intended to begin. The application shall be on the required form and shall include the written consent of the owner of the property or the agent of the owner.

B.

Decision. The director shall prepare a written decision on the temporary use permit application within fourteen days after a complete application has been filed which shall contain the findings of fact upon which the decision is made.

C.

Public Notice. Notice of any approved temporary use permit shall be posted on the subject property for a period of seven days from the date the decision is issued. A public notice, as provided in Chapter 16.602.08 for a temporary use permit shall not be required unless deemed necessary by the director.

D.

Required Findings. The director may approve an application for a temporary use only upon making the following findings:

1.

The operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare;

2.

The proposed site is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site;

3.

The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably generate; and

4.

Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at alternate locations acceptable to the director.

5.

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

E.

Conditions of Approval. The director may impose any conditions deemed necessary to ensure compliance with the findings in Subsection D. and other applicable requirements of this chapter including, but not limited to:

1.

Provision of temporary parking facilities, including vehicular ingress and egress;

2.

Regulation of nuisance factors such as prevention of glare or direct illumination of adjacent properties, noise vibration, smoke, dust, dirt, odors, gases, and heat;

3.

Regulation of temporary buildings, structures, and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other setbacks;

4.

Provision of sanitary and medical facilities;

5.

Provision of solid waste collection and disposal;

6.

Provision of security and safety measures;

7.

Regulation of signs;

8.

Regulation of operating hours and days, including limitation of the duration of the temporary use to a shorter time period than that requested;

9.

Submission of a performance bond or other security to assure that any temporary facilities or structures used for the proposed temporary use will be removed from the site following the event and that the property will be restored to its former condition;

10.

Submission of a site plan indicating any information required by this Chapter;

11.

A requirement that approval of the requested temporary use permit is contingent upon compliance with applicable provisions of other laws; and

12.

Other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this chapter.

13.

The director may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

A.

Effective Date. A temporary use permit shall become effective on the date the permit is approved by the director at the applicant's discretion.

B.

Appeals. A temporary use permit director's decision may be appealed in accordance with Chapter 16.602, Common Procedures, Section 16.602.14, Appeals.

C.

Expiration and Extensions. Temporary use permits may only be extended as provided for in Chapter 16.602, Common Procedures, Section 16.602.12, Expiration and Extension.

D.

Revocation. Temporary use permits may be revoked as provided for in Chapter 16.615, Enforcement and Abatement.

These regulations implement the policies of the general plan to promote the public health, safety and general welfare by reducing the harmful effects of tobacco use, including exposure to secondhand smoke and tobacco sales to children, by regulating tobacco sales. More specifically, to impose reasonable controls on the location of tobacco retail stores aligned with the following objectives:

A.

To protect adjacent neighborhoods from the harmful effects attributable to the sale of tobacco related products;

B.

To provide opportunities for businesses which primarily sell tobacco related products to operate in a mutually beneficial relationship to each other, and other identified land uses;

C.

To ensure that businesses classified as tobacco retail stores are not the source of undue public nuisances in the community;

E.

To ensure that sites where tobacco retail stores are located are properly maintained so that negative impacts are not harmful to the surrounding environment in any way.

(Ord. No. 1875 N.C. (2d), § 8(Exh. D), 12-10-2024)

A.

Major Use Permit Required. A tobacco retail store - major shall require a major use permit, pursuant to Chapter 16.606, Minor and Major Use Permits.

B.

Minor Use Permit Required. A tobacco retail store - minor shall require a minor use permit, pursuant to Chapter 16.606, Minor and Major Use Permits.

C.

Tobacco retail store applicants shall provide a floor plan to verify the amount of sales display area devoted to tobacco related products.

D.

In addition to the findings required by Chapter 16.606, a Tobacco Retail Store - Major shall meet the following additional finding for the issuance of a major use permit in the districts where they are allowed:

1.

The proposed use would be located greater than one thousand feet from any parcel zoned for residential use.

E.

In addition to the findings required by Chapter 16.606, a Tobacco Retail Store - Major and Minor shall meet the following additional findings for the issuance of a major or minor use permit, as applicable, in the districts where they are allowed:

1.

The proposed use would be located greater than one thousand feet from any parcel of land that contains any of the following specific land uses:

a.

Another tobacco retail store;

b.

Community assembly use;

c.

Park and recreation facilities, public, or a park open to the public or to all the residents of a private community;

d.

Childcare facility or childcare centers;

e.

A public or private, preschool, kindergarten, elementary, middle, junior high or high school;

f.

A playground open to the public;

g.

A youth center, defined as a facility where children, ages six to seventeen, inclusive, come together for programs and activities;

h.

A recreation facility open to the public, defined as an area, place, structure, or other facility that is used for community recreation, even though it may be used for other purposes;

i.

A licensed child-care facility or preschool other than a small-family day care home or a large-family day care home as defined in California Health and Safety Code § 1596.78;

j.

Public library; or

k.

Cannabis business retailer.

(Ord. No. 1875 N.C. (2d), § 8(Exh. D), 12-10-2024)

A.

No tobacco retailer shall violate any applicable provision of any other city, county, state, or federal regulation, ordinance, or statute, especially, but not limited to, Chapter 5.10, Tobacco Retail Licensing and Chapter 16.509, Signs, of the Vallejo Municipal Code.

B.

Tobacco retail clerks shall be the minimum legal age to purchase tobacco.

C.

Tobacco retailers shall be in compliance with all rules, regulations, laws, and administrative requirements of the state board of equalization and any other applicable state and/or federal agency.

D.

The tobacco retailer shall ensure the site is maintained free of litter and graffiti at all times. The owner or operator is responsible for daily removal of trash, litter, and debris from premises and on all abutting sidewalks within a one-hundred-foot radius from the premises. One permanent, non-flammable trash receptacle shall be installed near all public entrances and exits to the establishment.

E.

Employees of the establishment shall walk a one-hundred-foot radius from the premises at some point prior to thirty minutes after closing and shall pick up and dispose of any trash left by patrons.

(Ord. No. 1875 N.C. (2d), § 8(Exh. D), 12-10-2024)

These provisions present a standard set of guidelines and criteria for the installation, design, permitting, collocation, modification, relocation, removal, operation, and maintenance of wireless telecommunication facilities. They also set to avoid or minimize land use conflicts related to land use compatibility, visual resources, public safety, and environmental impacts; consistent with federal and state law and regulations.

The standards including general requirements, procedures, and regulations provided in this chapter are applicable to those wireless telecommunication communications facilities considered by the Wireless Telecommunications Bureau (WTB) of the Federal Communications Commission (FCC). They also apply to the following:

A.

All reporting, testing and maintenance standards included in this chapter apply equally to those facilities already in existence at the time of adoption of this Zoning Code and to those which are approved under its provisions.

B.

Nothing in this chapter shall be interpreted or applied to:

1.

Effectively prohibit or materially inhibit the provision of wireless telecommunication service;

2.

Unreasonably discriminate among providers of functionally equivalent wireless services;

3.

Deny any wireless telecommunication service request based on the environmental and/or health effects of radio frequency emissions to the extent that such facilities comply with Federal Communications Commission regulations;

4.

Prohibit any collocation or modification that the city may not deny under federal or state law; or

5.

Impose any unfair, unreasonable, discriminatory, or anticompetitive fees that exceed the reasonable cost to provide the service for which the fee is charged.

C.

Applicable Facilities. This chapter shall apply to all requests for approval to construct, install, modify, collocate, relocate, or otherwise deploy wireless telecommunication facilities in the city, unless exempted. Eligible facilities requests to collocate, replace, or remove transmission equipment on an existing wireless tower or base station shall be reviewed under "Eligible Facilities Requests" under Section 6409.

D.

Legal Non-conforming Facilities. Any existing facility within the city's jurisdictional boundaries that does not conform to the requirements in this chapter but has been issued a building permit is deemed a "legal non-conforming use" as defined in this code and is subject to the applicable provisions of that Chapter 16.105, Non-conforming Uses.

A.

Zoning Compliance Review Required. A request to modify or co-locate a wireless telecommunication facility is subject to a zoning compliance review, as prescribed in Chapter 16.603, Zoning Compliance Review.

B.

Minor Use Permit and Development Review Required. Unless exempted, a minor use permit, as provided in Chapter 16.606 Minor and Major Use Permit and Development Review, as provided in Chapter 16.605, Development Review is required for the construction of a new wireless telecommunication facility or substantial change to an existing facility.

C.

Application Content. All applications for wireless telecommunications facilities must include all the information and materials required by the director for the application. The city council authorizes the director to develop, publish and from time-to-time update or amend permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the director deems necessary, ap-propriate or useful for processing any application governed under this chapter, and/or to respond to regulatory, technological or other changes related to this chapter. All applications shall require that the applicant demonstrate that the proposed project will comply with all applicable health and safety laws, regulations, or other rules, which includes without limitation building codes, electrical codes, and all FCC rules for exposure to radio frequency emissions.

D.

Procedures for a Duly Filed Application. Any development review application for a wireless telecommunication facility will not be considered duly filed unless submitted in accordance with the procedures in this chapter.

E.

Peer and Independent Consultant Review.

1.

Authorization and Scope. The director may select and retain an independent consultant(s) in connection with any wireless telecommunication facility development review application. The director may request independent consultant review on any issue that involves specialized or expert knowledge in connection with wireless telecommunication facilities including without limitation permit application completeness or accuracy; pre-construction planned compliance with applicable regulations for exposure to radio frequency emissions; post-construction actual compliance with applicable regulations for radio frequency emissions; whether and to what extent any technically feasible and/or potentially available alternative sites or concealment techniques may exist; the applicability, reliability, and/or sufficiency of any information, analyses, or methodologies used by the applicant to reach any conclusions about any issue within the city's discretion to review; and any other issue that the director determines requires expert or specialized knowledge. The director may request that the independent consultant prepare written reports, testify at public hearings, and/or attend meetings with city staff and/or the applicant.

2.

Independent Consultant Review. If the director elects to retain an independent consultant(s) in connection with any wireless telecommunication facility permit application, the process to retain the independent consultant shall comply with Section 16.602.07, Consultant Fees and Deposits.

A.

the director or planning commission may approve or conditionally approve a development review application for a wireless telecommunication facility if the following findings can be made:

1.

The proposed wireless telecommunication facility is consistent with the general plan, Zoning Code, and any applicable specific plans.

2.

The proposed wireless telecommunication facility would not detract from the aesthetic character of the surrounding neighborhood and/or district and, when antenna is attached to, or part of, a structure, the antenna and its screening complements and does not detract from the architectural design of the structure.

3.

The proposed wireless telecommunication facility is consistent with the general scale of structures and buildings in the surrounding neighborhood and/or district.

4.

The proposed wireless telecommunication facility has been located and designed to minimize obstruction of public views and primary views from private property.

5.

The proposed wireless telecommunication facility will not result in a prominent profile (silhouette) above a ridgeline.

6.

The proposed landscaping provides appropriate visual relief, complements the buildings and structures on the site, and provides an attractive environment for the enjoyment of the public.

7.

Mechanical equipment and all accessory equipment are appropriately designed and located to minimize visual, noise, and air quality impacts to adjacent properties and the general public.

8.

The proposed design preserves protected trees and significant natural features on the site to a reasonable extent and minimizes site degradation from construction activities and other potential impacts.

9.

The proposed use, together with the applicable conditions, will not be detrimental to the public health, safety, or general welfare of the city.

10.

The proposed wireless telecommunication facility will not materially adversely affect nearby properties or their permitted uses.

11.

The applicant has demonstrated that the proposed wireless telecommunication facility will comply with all applicable FCC rules and regulations for human exposure to radio frequency emissions.

B.

Other Regulatory Permits or Approvals. In addition to any permit requirements under this chapter, the applicant must obtain all other required prior permits and other regulatory approvals from other city departments, and state and federal agencies. Any permit granted under this chapter will be subject to the conditions and/or other requirements in any other required prior permits or other regulatory approvals from other city departments, and state and federal agencies.

A.

Purpose. The purpose of this chapter is to provide guidelines to applicants and the city regarding preferred locations and configurations for wireless telecommunication facilities in the city; provided, that nothing in this chapter shall be construed to permit a wireless telecommunication facility in any location or configuration that would otherwise be prohibited by this chapter. The city shall consider the extent to which a proposed wireless telecommunication facility complies with these preferences and whether there are technically feasible alternative locations and/or configurations that are more preferred under this chapter.

B.

Location of Wireless Telecommunication Facilities. In any given general plan land use area, a structure not used for residential purposes is preferred over one so used and a publicly owned structure, including but not limited to buildings, water tanks, telephone and utility poles, signage, traffic signals, light standards and roadway overpasses, is preferred over one privately owned. All applicants must, to the extent feasible, propose new wireless telecommunication facilities in locations according to the following preferences:

1.

Location Preferences. The city prefers the following general plan land use areas for wireless telecommunication facilities, ordered from most preferred to least preferred:

a.

Industrial;

b.

Business/Light Industrial;

c.

Public Facilities and Institutions;

d.

Parks, Recreation and Open Space;

e.

Retail/Entertainment;

f.

District Central Corridor

g.

Business/Limited Residential;

h.

Neighborhood Corridors; and

i.

Residential.

2.

Historic Buildings, Landmarks, and Districts. Wireless telecommunication facilities are very strongly discouraged from locating within a site containing a historic building or landmark, or within a historic district. Regardless of their historic resource classification, buildings, structures, objects, or properties shall be considered of equal historic significance with regard to siting wireless telecommunication facilities. If a wireless telecommunication facility is located within or on such a structure/building, the facility shall be subject to the criteria of the secretary of the interior's standards for rehabilitation and shall comply with the California Environmental Quality Act (CEQA) guidelines as amended, as well as any local guidelines for the treatment of historic properties and applicable provisions of the Federal telecommunications laws and the National Environmental Policy Act (NEPA).

C.

Preferred Support Structures. In addition to the aforementioned preferred locations, certain support structures within those preferred locations are preferred.

1.

General. The use of existing structures is preferred over monopoles or other towers erected specifically to support wireless telecommunications facilities unless technical evidence demonstrates that there are no other alternative sites, feasible support structures, and/or the use of a monopole or tower would avoid or minimize adverse effects related to the view shed, land use compatibility, visual resources, and public safety.

2.

Support Structure Preferences. All applicants must, to the extent feasible and potentially available, install the wireless telecommunication facility on a support structure according to the following preferences, ordered from most preferred to least preferred:

a.

Collocation with existing facilities;

b.

Roof-mounted;

c.

Building-mounted; and

d.

New freestanding wireless towers or poles.

3.

Each component of a wireless facility shall be located so as not to create any physical or visual obstruction to pedestrian or vehicular traffic, inconvenience to the public's use of a right-of-way, or create safety hazards. Each component of a wireless telecommunication facility shall also be located so as not to obstruct public views.

D.

Undergrounding. All non-antenna equipment associated with the wireless telecommunication facility must be placed underground to the extent feasible. When aboveground is the only feasible location for a particular type of equipment, and the equipment cannot be pole-mounted, such equipment shall be enclosed within a structure, shall not exceed a height of five feet and total footprint of fifteen square feet, and shall be screened and camouflaged to the fullest extent possible.

A.

Generally Applicable Development Standards. All new wireless telecommunication facilities and substantial changes to existing wireless telecommunication facilities not covered under Section 6409 ("eligible facilities") must conform to the following generally applicable development standards:

1.

Concealment. Wireless telecommunication facilities must incorporate elements, measures and techniques that obscure, screen, camouflage, or otherwise minimize the appearance of equipment and other improvements so as to reduce visual and aesthetic conflicts with the natural and/or built environment in the immediate vicinity and the zoning district where they are located.

2.

Overall Height, Width, and Space Occupied. Wireless telecommunication facilities may not exceed the applicable height limit for structures in the zoning district where they are located. All poles shall be designed to be the minimum functional height and width required to support the proposed antenna installation and meet FCC requirements. Wireless telecommunication facilities shall be designed to occupy the least amount of space that is technically feasible.

3.

Setbacks. Wireless telecommunication facilities may not encroach into any applicable setback in the zoning district where they are located.

4.

Noise and Traffic. Wireless telecommunications facilities shall be constructed and operated in such a manner as to minimize noise and traffic impacts on nearby residents and the public. Noise and traffic reduction shall be accomplished through the following measures:

a.

Wireless telecommunications facilities shall operate in compliance with the noise exposure standards contained in Section 16.502.10, Noise and including without limitation the provisions contained in Chapter 7.84, Regulation of Noise Disturbances, Regulation of Noise Disturbances. Normal testing and maintenance activities shall occur between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, excluding emergency repairs.

b.

Backup generators shall comply with the noise standards in Section 16.502.10, Noise and including without limitation the provisions in Chapter 7.84, Regulation of Noise Disturbance, and shall only be operated during power outages, emergency occurrences, or for testing and maintenance in accordance with this section.

c.

The review authority may require the applicant to install noise attenuating or baffling materials and/or other measures, including but not limited to walls or landscape features, as the review authority deems necessary or appropriate to ensure compliance with the applicable ambient noise limit.

d.

Traffic resulting from the operation and maintenance of a wireless telecommunications facility shall be kept to a minimum, except for emergency repairs. Conditions of project approval may limit the maximum number of trips to and from the facility, access routes, and hours when work is conducted based upon the carrier's maintenance and testing schedule and the normal intensity and type of vehicle traffic in the vicinity where it is located.

5.

Vegetation and Landscaping. Wireless telecommunications facilities shall be installed in a manner that minimizes the impacts to existing vegetation. Where appropriate, additional landscaping shall be required to provide visual screening of the proposed facility. If landscaping is required, the applicant shall submit a landscape and irrigation plan, and shall submit a landscape maintenance program to assure that the plants will remain in healthy condition throughout the term of the permit, to the satisfaction of the director. Vegetation protection and facility screening shall be accomplished through the following measures:

a.

The emphasis of the landscape plan should be to visually screen the proposed facility and stabilize soils on sloping sites. Introduced vegetation shall be a native, drought-tolerant species compatible with the predominant natural setting of the project area.

b.

Existing trees and other screening vegetation in the vicinity of the proposed facility and associated accessways shall be protected from damage both during and after construction. Submission of a tree protection plan prepared by a certified arborist may be required to ensure compliance with this requirement.

c.

All vegetation disturbed during project construction shall be replanted with compatible vegetation and soils disturbed by development shall be reseeded to control erosion.

d.

No vegetation shall be removed subsequent to project completion except to comply with local and state fire safety regulations or as authorized by the director.

e.

The city may require that the carrier enter into a landscape performance and maintenance agreement with the city to ensure the installation and maintenance of required landscaping. Failure to maintain landscaping shall be grounds for revocation of the use development review permit.

6.

Site Security Measures. Wireless telecommunication facilities may incorporate reasonable site security measures, such as fences, walls, and anti-climbing devices, to prevent unauthorized access, theft, or vandalism. Site security measures must be designed to enhance concealment to the maximum extent possible.

7.

Backup Power Sources. The city may approve permanent backup power sources and/or generators on a case-by-case basis. The city strongly discourages backup power sources mounted on the ground or on poles within a public right-of-way. The city shall not approve any diesel generators or other similarly noisy or noxious generators in or within two hundred fifty feet from any residence; provided, however, the city may approve sockets or other connections used for temporary backup generators.

8.

Lights. Wireless facilities may not include exterior lights other than as may be required under law, or timed or motion-sensitive lights for security and/or safety as determined necessary or desirable by the city. All lights must be installed in locations and/or within enclosures that mitigate light impacts on other properties to the maximum extent possible.

9.

Signage. Wireless telecommunication facilities must include signage that accurately identifies the equipment owner/operator, its site name or identification number, and a toll-free number to the owner/operator's network operations center. Wireless facilities may not bear any other signage or advertisements unless approved by the city or required by law.

10.

Future Collocations and Equipment. To the extent feasible and aesthetically appropriate, all new wireless telecommunication facilities should be designed and sited in a manner that can accommodate potential future collocation and equipment installations that can be integrated into the proposed wireless facility or its associated structures with no or negligible visual changes to the outward appearance of the facility.

11.

Utilities. All cables and connectors for telephone, primary electric, and other similar utilities must be routed underground in conduits large enough to accommodate future collocated wireless facilities. Meters, panels, disconnect switches, and other associated improvements must be placed underground to the extent possible or placed in inconspicuous and concealed locations.

12.

Parking. The installation of wireless telecommunication facilities shall not interfere with parking spaces in such a way as to reduce the total number of parking spaces below the number required for the property.

B.

Freestanding Wireless Telecommunication Facilities. In addition to the generally applicable development standards, all new and substantially changed freestanding wireless telecommunication facilities not covered under Section 6409 ("eligible facilities") must conform to the requirements in this subsection.

1.

Tower-Mounted Equipment. All tower-mounted equipment must be mounted as close to the vertical support structure as possible to reduce its overall visual profile. Non-antenna, tower-mounted equipment (including, but not limited to, remote radio units/heads, surge suppressors, and utility demarcation boxes) must be mounted directly behind the antennas to the maximum extent feasible.

2.

Ground-Mounted Equipment, Shelters. All ground-mounted equipment must be concealed underground or within an existing or new structure, opaque fences, or other enclosures subject to the city's prior approval. The city may require additional concealment elements as necessary to blend the ground-mounted equipment and other improvements into the natural and/or built environment.

3.

Monopoles. The city shall not approve any unconcealed monopoles on private property within the city.

C.

Building-Mounted Wireless Telecommunication Facilities. In addition to the generally applicable development standards, all new and substantially changed building-mounted wireless telecommunication facilities not covered under Section 6409 ("eligible facilities") must conform to the requirements in this subsection.

1.

Preferred Concealment Techniques. To the extent feasible, building-mounted wireless telecommunication facilities should be completely concealed and architecturally integrated into the existing facade or rooftop feature with no visible impacts (examples include, but are not limited to, antennas behind existing walls or facades replaced with radio frequency-transparent material finished to mimic the replaced materials). Alternatively, when integration within existing building features is not feasible, the wireless telecommunication facility should be completely concealed in a new structure designed to mimic the original architecture (examples include, but are not limited to, cupolas, steeples, and chimneys).

2.

Facade-Mounted Equipment. When wireless telecommunication facilities cannot be placed behind existing walls or other existing screening elements, the city may approve facade-mounted equipment in accordance with this subsection. All facade-mounted equipment must be concealed behind screen walls and mounted as flush to the facade as practicable. The city may not approve "pop-out" screen boxes unless the design is architecturally consistent with the original building. The city may not approve any exposed facade-mounted antennas, including but not limited to, exposed antennas painted to match the facade. To the extent feasible, facade-mounted equipment must be installed on the facade along the building frontage that is the least publicly visible.

3.

Rooftop-Mounted Equipment. All rooftop-mounted equipment must be screened from public view with concealment measures that match the underlying structure in proportion, quality, architectural style, and finish.

4.

Ground-Mounted Equipment, Shelters. All ground-mounted equipment must be concealed underground or within an existing or new structure, opaque fences, or other enclosures subject to the city's prior approval. The city may require additional concealment elements as necessary to blend the ground-mounted equipment and other improvements into the natural and/or built environment.

A.

Limited Exceptions for Personal Wireless Service Facility. If the applicant claims that strict compliance with any provision of this chapter would effectively prohibit its ability to provide personal wireless services, the planning commission or city council on appeal, may grant a limited exception from such requirements to the extent necessary to prevent an effective prohibition of wireless service if all of the following findings are made. All other requests to relieve or waive any provision under this chapter for any non-personal wireless service facility are subject to procedures in Chapter 16.607, Variances.

1.

The proposed wireless facility qualifies as a "personal wireless service facility" as defined in 47 USC Section 332(c)(7)(C) (ii) as may be amended or superseded.

2.

The applicant has provided a reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility.

3.

The applicant has provided a written statement that contains a detailed and fact-specific explanation as to why the proposed wireless facility cannot be deployed in compliance with the applicable provisions in this chapter.

4.

The applicant has provided a meaningful comparative analysis with factual reasons as to why all alternative locations and/or designs identified in the administrative record (whether suggested by the applicant, the city, the public, or any other source) are not technically feasible of potentially available to reasonably achieve the applicant's reasonably and clearly defined technical service objectives of the proposed wireless facility.

5.

The applicant has demonstrated that the proposed location and design is the least noncompliant configuration that will reasonably achieve the applicant's reasonable and clearly defined technical service objective of the proposed wireless facility. The city shall have the right to hire an independent consultant, at the applicant's sole expense, to evaluate the issues raised by any exception request.

In addition to compliance with the requirements of this chapter, upon approval, whether approved by the city or deemed approved by the operation of law, all wireless telecommunication facilities shall be subject to each of the following conditions of approval, as well as any modification to these conditions or additional conditions of approval deemed necessary.

A.

Maintenance. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences, and landscape features, in a neat, clean, and safe condition according to the approved plans and all conditions in the minor use permit/development review approval. The permittee shall keep the site area free from litter and debris at all times and shall remove and remediate any graffiti or other vandalism at the site within forty-eight hours after the permittee receives notice or otherwise becomes aware of such graffiti or vandalism, at no cost to the city.

B.

Compliance with Laws. The permittee shall maintain compliance at all times with federal, state, and local statutes, regulations, orders, or other rules that carry the force of law (the "laws") applicable to the permittee, the subject property, the wireless facility, or any use or activity in connection with the authorized use covered by the use permit, which includes without limitation any laws applicable to human exposure to radio frequency emissions. The permittee expressly acknowledges and agrees that this condition is intended to be broadly construed and that no other specific requirement in these conditions are intended to reduce, relieve, or otherwise lessen the permittee's obligations to comply with all laws.

C.

Radio Frequency Compliance. At all times the permittee shall ensure that the wireless telecommunication facility complies with the most current regulatory limits on radio frequency emissions standards and/or any other emissions standards adopted by the FCC and the California Public Utilities Commission. If the director determines that there is good cause to believe that the wireless telecommunication facility may emit radio frequency emissions in excess of FCC standards, the permittee shall cooperate with the city to determine if the facility is in compliance with all FCC rules regarding human exposure to radio frequency emissions including, but not limited to, submittal of an affidavit signed by a radio frequency engineer certifying the wireless facility's compliance with FCC rules; providing technical data such as the frequencies in use, power output levels, and antenna specifications, necessary to evaluate compliance with FCC radio frequency limitations; and all other actions deemed necessary to measure compliance.

D.

Adverse Impacts on Other Properties. The permittee shall avoid undue or unnecessary adverse impacts to nearby properties that arise from the construction, installation, operation, modification, maintenance, repair, removal, and/or other activities at the site. The permittee shall not perform work that involves heavy equipment or machinery except during normal construction work hours as authorized by the city, excepting work required to prevent immediate harm to persons or property. The city may issue a stop work order for any activity that violates this condition.

E.

Inspections; Emergencies. The permittee expressly acknowledges and agrees that city representatives may enter the site and inspect the improvements and equipment thereon upon reasonable prior notice; provided however, that city representatives may, but will not be obligated to, enter the site area without prior notice in the event of an emergency or when the equipment threatens imminent harm to persons or property.

F.

Contact Information. The permittee shall submit and maintain current basic contact and site information to the city and shall notify the city of any changes to this information within seven days of a change. This information includes but is not limited to: the name, address, email address, and twenty-four-hour contact telephone number of the permittee, the owner, operator, and person(s) responsible for maintenance of the wireless facility; and legal status of the owner of the wireless facility including official identification numbers and FCC certification.

G.

Performance Agreement. Prior to the issuance of a building permit, the permittee shall enter into a performance agreement with the city, which agreement shall include the following:

1.

The permittee shall post a financial security, such as a letter of credit, in a form acceptable to the director to ensure that the facility is properly installed and maintained and to guarantee that the facility is dismantled and removed from the premises if it is abandoned pursuant to this chapter, or upon expiration or revocation of its permit. The amount of the security shall be based on a cost estimate equal to one hundred twenty-five percent of the amount needed to remove the facility and return the surrounding area to its condition prior to the facility's installation, based on a written estimate from a qualified contractor with experience in wireless telecommunication facilities removal.

2.

The permittee shall defend with counsel acceptable to the city in its discretion, indemnify, protect, and hold harmless the city, its officers, officials, council members, commissioners, agents, and employees from and against any and all liabilities, claims, losses, demands, lawsuits, and/or causes of action of any kind arising out of a violation of any federal, state, or local law or in connection with the permitting, installation, use, or any other activity associated with the wireless telecommunication facility. The city shall promptly notify the permittee of any such claim, action, or proceeding. The city shall retain the right to participate in any claim, action, or proceeding by retaining the city's own counsel if the city bears its own attorneys' fees.

H.

Successors. All conditions of approval shall be binding to the permittee and all successors in interest to the permittee.

I.

Signage. All notices and signs required by the FCC and California Public Utilities Commission, and approved by the city, shall be posted on the site and include the permittee's emergency contact name and twenty-four-hour telephone number.

J.

Annual Review. Department staff may review compliance with all conditions of approval annually and, if any conditions of approval are not being met, shall schedule a public hearing to consider revocation of the permit pursuant to this chapter.

K.

Confirmation of Height. Within sixty days of completion of the installation of any freestanding antenna or support structure, the permittee shall perform a "tape drop" measurement to confirm that the height is no greater than approved and shall submit a written certification to the planning division of the actual, "as built" height.

A.

In the event of any breach of this chapter, any required agreement(s) or any conditions of the permit, the city shall notify the applicant and owner, as well as the public pursuant to this chapter, and the planning commission shall conduct a revocation hearing. Appeals of the planning commission decision on revocation may be made pursuant to the process required in the Zoning Code for other appeals of planning commission decisions to the city council.

B.

Cessation of Use or Abandonment. A wireless telecommunication facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless telecommunication services for ninety or more consecutive days.

C.

The operator of a wireless telecommunication facility shall notify the city in writing of its intent to abandon or cease use within ten days of abandoning or ceasing use. Notwithstanding any other provisions herein, the operator of the wireless facility shall provide written notice to the city of any discontinuation of operation of thirty days or more.

1.

Failure to inform the city of a discontinuation of operations required by this subsection shall constitute a violation of any approvals and the grounds for: revocation or modification of the permit; calling of any bond or other assurance or condition of approval; removal of the wireless telecommunication facility pursuant to a nuisance abatement action; and any other remedies allowed by law.

D.

Removal Obligation. Upon the expiration of a permit, including any extensions, earlier termination, or revocation of the permit, or abandonment of the facility, the permittee, owner, or operator shall remove the wireless telecommunication facility and restore the site to its natural condition except for retaining the landscaping improvements and any other improvements at the discretion of the city. Removal shall be pursuant to proper health and safety requirements and all other requirements of the city. The facility shall be removed from the property within thirty days at no cost to the city. If the facility is located on private property, the private property owner shall also be independently responsible for the expense of timely removal and restoration under this subsection.

E.

Failure to Remove. Failure of the permittee, owner, or operator to promptly remove its facility and restore the property within thirty days after the expiration, earlier termination, or revocation of the permit, or abandonment of the facility, shall be a violation of the Vallejo Municipal Code and grounds for: calling of any security or assurance; removal of the facility pursuant to a nuisance abatement action; and/or any other remedies allowed by law.

A.

Purpose. Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 (47 USC Section 1455(a)) generally requires that state and local governments "may not deny, and shall approve" requests to collocate, remove, or replace transmission equipment at an existing tower or base station ("eligible facilities").

B.

Prior Approvals. Any eligible facilities request shall require an amendment to the underlying development review permit for the tower or base station subject to the city's approval, conditional approval, or denial without prejudice pursuant to the standards and procedures contained in this subsection. Such application process shall be as provided in Section 16.341.03, Requirements of this chapter.

C.

Other Permits and Regulatory Approvals. No eligible facilities request may be approved unless the applicant also obtains all other permits and regulatory approvals required by any other federal, state, or local government. Any eligible facilities approval shall remain subject to any and all lawful conditions and/or legal requirements associated with such other permits and/or regulatory approvals.

D.

Criteria for Denial without Prejudice. Notwithstanding any other provision of this subsection and consistent with all applicable federal laws and regulations, the director may deny without prejudice any eligible facilities request application when the director finds that the proposed project:

1.

Does not meet the eligible facilities findings;

2.

Involves the replacement of the entire support structure; or

3.

Violates any legally enforceable law, regulation, rule, standard, or permit condition reasonably related to the public health and safety.

E.

Conditional Approvals. Subject to any applicable limitations in federal or state law, nothing in this subsection is intended to limit the director's authority to conditionally approve an eligible facilities request application to protect and promote the public health and safety.

F.

Appeal Procedures. Any applicant may appeal the decision of the director to deny without prejudice an eligible facilities request application, in accordance Section 16.602.14, Appeals.

G.

Standard Conditions of Approval. In addition to all other conditions adopted by the city, all approved eligible facilities requests, whether approved by the city or deemed approved by operation of law, shall be subject to the following conditions:

1.

Permit Term. An approved eligible facilities request, whether by the city's approval or operation of law, constitutes a federally mandated modification to the underlying permit or other prior regulatory authorization for the subject tower or base station. Such approval shall not extend the permit term, if any, for any use permit or other underlying prior regulatory authorization. Accordingly, an eligible facilities request approval shall be coterminous with the underlying permit or other prior regulatory authorization for the subject tower or base station.

2.

Accelerated Termination Due to Invalidation. In the event that a court of competent jurisdiction invalidates all or any portion of an eligible facilities request approval or any FCC rule that interprets Section 6409 such that federal law would not mandate approval, such approval shall automatically expire one year from the effective date of the judicial order, unless the decision would not authorize accelerated termination of a previously approved eligible facilities approval or the director grants an extension upon a written request that shows good cause for the extension, including without limitation extreme financial hardship. The director may not grant a permanent or indefinite extension. The permittee shall not be required to remove its improvements under the invalidated eligible facilities approval if it obtains the applicable permits(s) or submitted an application for such permit(s) before the one-year period ends.

3.

Reservation of Standing. The city's grant or grant by operation of law of eligible facilities approval does not waive, and shall not be construed to waive, any standing by the city to challenge Section 6409, any FCC rules that interpret Section 6409, or any section of an eligible facilities approval.

An applicant or permittee will not be relieved of its obligation to comply with every applicable provision in the code, any permit condition or any applicable law or regulation by reason of any failure by the city to timely notice, prompt or enforce compliance by the applicant or permittee.

In the event of a declared federal, state, or local emergency, or when otherwise warranted by conditions that the city deems to constitute an emergency or a necessity, the director may approve the installation and operation of temporary wireless telecommunications facilities (cells on wheels or "COWs"), sites on wheels ("SOWs"), cells on light trucks ("COLTs"), or other similarly portable wireless facilities, subject to such reasonable conditions as the director deems necessary in their discretion.