Solano County Municipal Code § 28.12 Uncertainty of Boundaries

The zoning maps shall consist of a series of maps which show the zoning plan being part of this Chapter under the provisions of Section 28-13, and are hereby designated as follows:

Where uncertainty exists as to the boundaries of any of the districts described in this Chapter or as shown on the zoning maps, the Planning Commission, upon written application or upon its own motion, shall determine the location of such boundaries.

A. The several districts established by this Chapter and into which the County is divided are designated as follows:

Agricultural Districts

1See Middle Green Valley Specific Plan for Zoning Regulations within the Middle Green Valley.

B. The aforesaid districts are hereby established insofar as the designations, locations, and boundaries thereof are set forth and indicated in this Section and in other Sections of this Chapter, which describe certain of such districts. Section 28.11 consists of a series of maps, each entitled “Solano County Zoning Map,” identified by a number and a letter. Such maps and all notations, references, data, and other information shown thereon are hereby adopted and made part of this Chapter.

(Ord. No. 1735, §2; Ord. No. 1849, §2)

A. Purpose:

The Board of Supervisors finds that the watershed and conservation district areas of Solano County are very valuable natural resources, and in order to protect these areas from the constant threat of wildfire, subsidence, and landslide leading to the destruction and financial loss to private and public property; and in order to prevent increased threats of these hazards through overdevelopment of these areas; and in order to protect the general welfare of the County as a whole, there is hereby created a zone classification within which the establishment, perpetuation and protection of watershed and conservation district shall be encouraged.

The provisions of this Section shall be liberally interpreted insofar as they apply to the protection of watershed and conservation district areas. It is the intention of this Section to deter developer from considering lands in a “W” zone as potential urban subdivision property, as residential uses are not compatible with watershed and conservation district areas by the fact that such areas are characterized by slope instability, fire hazards, and the unavailability of water and public services.

Those areas to be designated under this zone are fire hazard areas and are subject to slope instability as determined by the Solano County General Plan, and are characterized by the following conditions:

1. Steep topography (defined as slopes in excess of twenty-five percent grade).

2. Excessive vegetation coverage (defined as fifty percent or more of the area or parcel being covered with chaparral or woodland).

3. Inadequate roads (defined as roads below the County standards as to width, alignment, grade or improvement).

4. Lack of available water (defined as insufficient water to sustain a flow of two hundred gallons a minute for twenty minutes).

5. Land susceptible to subsidence or landsliding (defined as characterized by slopes greater than fifteen percent underlain by landslide-prone deposits, or by existing landslide deposits).

A range of agricultural uses are found to be compatible with watershed management. However, these uses are specifically defined and prescribed to prevent an increase in the fire or landslide hazards that now exit, and such uses would not require additional public services. These agricultural uses should not attract increased habitation or encourage activities that are not compatible with watershed management.

B. W District Land Uses and Permit Requirements. Table 28-51A identifies the land uses allowed by this Zoning Ordinance in the W District and the land use permit required to establish each use. In addition to the land use permit required by Table 28-51A, special requirements may apply to certain uses. Architectural Approval may also be required for certain uses in compliance with Section 28.102 (Architectural Approval). A building permit shall also be required prior to any construction, alteration, remodeling or change in occupancy from a previous building permit.

Note: Where the last column in Table 28-51A (“Land Use Regulations”) includes a section number, e.g. 28.74, the zoning regulations in the referenced section apply to the use. Where the last column includes a chapter number, e.g. Chapter 13.6, the regulations in the referenced Solano County Code apply to the use. Provisions in other sections of this Zoning Ordinance may also apply.

TABLE 28.51A TABLE OF ALLOWED USES

A = Allowed by right, AP = Administrative Permit, MUP = Minor Use Permit, UP = Use Permit, E = Exempt, - - - = Prohibited

C. General Development Standards:

Subdivisions, new land uses, main buildings including primary dwellings, and alterations to existing land uses and buildings shall be designed, constructed, and/or established in compliance with the applicable development standards delineated or referenced in Table 28.51B.

TABLE 28.51 B DEVELOPMENT STANDARDS FOR MAIN BUILDING, ACCESSORY STRUCTURES AND USES

Special yards and distances between buildings required: accessory buildings shall not be less than sixty feet from the front property line nor less than twenty feet from any side or rear property line, nor less than thirty feet from any dwelling unit on the property.

D. Maximum building height: Thirty-five feet; provided, that additional height may be permitted for non-dwelling structures, including windmills, silos, private water tanks, and provided further, that no such structure shall exceed the heights allowed in Section 28-99, if located in an airport flight obstruction area.

(Ord. No. 1764, §11 (Exh. I); Ord. No. 1788, §2 (Att. A); Ord. No. 1798, §5; Ord. No. 1817, §§22, 23; Ord. No. 1845, §§23, 24; Ord. No. 1864, §11)

A. Purpose:

The P District is designated to preserve land well suited for outdoor recreational purposes and to provide for recreation, amusement, play or relaxation.

B. P District Land Uses and Permit Requirements.

Table 28-61A identifies the land uses allowed by this Zoning Ordinance in the P District and the land use permit required to establish each use. In addition to the land use permit required by Table 28-61A, special requirements may apply to certain uses. Architectural Approval may also be required for certain uses in compliance with Section 28.102 (Architectural Approval). A Building Permit shall also be required prior to any construction, alteration, remodeling or change in occupancy from a previous building permit.

Note: Where the last column in the table (“Land Use Regulations”) includes a section number, e.g. 28.74, the zoning regulations in the referenced section apply to the use. Where the last column includes a chapter number, e.g. Chapter 13.6, the regulations in the referenced Solano County Code apply to the use. Provisions in other sections of this Zoning Ordinance may also apply.

TABLE 28.61A TABLE OF ALLOWED USES

A = Allowed by right, AP = Administrative Permit, MUP = Minor Use Permit, UP = Use Permit, E = Exempt, - - - = Prohibited

Notes:

(1) On parcels with 20 acres or more.

C. General Development Standards:

Subdivisions, new land uses, main buildings including primary dwellings, and alterations to existing land uses and buildings shall be designed, constructed, and/or established in compliance with the applicable development standards delineated or referenced in Table 28.61B.

TABLE 28.61 B DEVELOPMENT STANDARDS FOR MAIN BUILDING, ACCESSORY STRUCTURES AND USES P District PRIMARY BUILDING

(Ord. No. 1764, §13 (Exh. K); Ord. No. 1788, §2 (Att. A); Ord. No. 1817, §§26, 27; Ord. No. 1860, §5; Ord. No. 1864, §13)

A. Purpose.

The Travis Reserve Area Zoning Overlay implements the Travis Reserve Area, as described and shown in the General Plan, and protects land within the overlay for continued crop production and grazing uses as well as compatible nonavian habitat uses until a military use or other use clearly supporting the mission of the base is proposed for the land. By protecting existing land uses while restricting new development, the overlay zone provides for the future expansion of Travis Air Force Base and supports facilities for the base.

No new residential uses are permitted within the Travis Reserve Area Zoning Overlay, and new development or expansion of existing nonresidential uses is subject to discretionary review and shall not be approved unless found to be consistent with the purpose of the Travis Reserve Area Zoning Overlay.

B. Allowed Land Uses and Permit Requirements.

Crop production, grazing, and agricultural accessory structures less than 2,500 square feet in gross floor area and less than 25 feet in height are allowed.

New residential land uses are not permitted. Legal nonconforming residential land uses are subject to Section 28.114.

Conservation or mitigation banks for avian species, or which are likely to attract avian species, are not permitted.

All other land uses otherwise allowed within the underlaying zoning district shall require approval of a minor use permit prior to development, enlargement or intensification of use, or changes of use, unless a use permit is required.

(Ord. No. 1849, §4)

(a) Purpose. The policy plan overlay district is intended to encourage comprehensive planning on focused, large-scale or mixed land use developments. Policy plan overlay districts can provide zoning flexibility by establishing development standards and land use allocations which may vary with the type, density or intensity of use of the underlying district regulations for specific parcels or areas that will ensure balanced and integrated growth guided by creativity and innovation in architecture, planning and environmental design. These standards and uses should accommodate the special needs of the physical site and the community while being consistent with the Solano County General Plan. Development standards are intended to meet or exceed those of the underlying districts described in the other chapters of the Zoning Ordinance while promoting the public health, safety and general welfare without unduly inhibiting the advantages of modern planning and building techniques. The policy plan overlay district requires a detailed development plan that combines the functions of zoning, master, and precise plans, design review, and capital improvement plans in one coordinated process.

(b) Applicability. The policy plan overlay district may be combined with all or part of any General Plan area or zoning district designated for this purpose by the General Plan. Each policy plan overlay district shall be shown on the official Solano County zoning map by adding the symbol “-PP” as a designator to a base district along with a clear delineation of the boundaries of the overlay district and an identifying serial number. The serial number shall refer to the Department of Resource Management’s rezoning petition file for the particular policy plan overlay zone application.

(c) Initiation of Zone Change. A petition for a policy plan overlay district may be initiated pursuant to Section 28-111 of this Chapter. Application shall be in the form prescribed by the Director of Resource management. The application shall consist of a written plan and graphics for policy guidance, and a detailed statement of standards and uses to determine consistency with the Solano County General Plan. The application shall, at a minimum, include the items and information described in this Section.

1. Fee or fees as set by the Board of Supervisors pursuant to Section 11-111 of this code. No part of such fee shall be refundable.

2. A complete legal description of the subject property.

3. A narrative description of existing uses of the subject property and adjacent properties.

4. Enumeration of existing and proposed ordinance standards along with a detailed explanation of the differences between them.

5. Findings of fact demonstrating the proposed policy plan overlay district in its entirety is consistent with the Solano County General Plan and findings set forth in subdivision (d) of this Section.

6. A set of standards which will define the purpose, intended uses, development density, dimensional constraints and performance standards for the subject property and, in general, shall take the following form:

a. Statement of purpose

b. Permitted uses

c. Accessory uses

d. Conditional uses

e. Prohibited uses

f. Architectural and sign standards

g. Height, building coverage, and yard setbacks

h. Landscaping

i. Parking and loading requirements

j. Additional development standards

k. Performance standards (e.g., hazardous materials and waste management)

l. Site specific policies to ensure adequate protection of the public health and safety and consistency with the surrounding uses

m. Exceptions and general provisions

1. A development plan at a scale no smaller than one inch equals a hundred feet shall depict use areas and proposed circulation based on traffic density information provided in subdivision (c)(6). The development plan shall include a schematic representation of subdivision, grading, landscaping and proposed systems of drainage, water supply, sewage disposal and utility service.

2. Representative design and improvement details shall accompany the development plan and be presented in detail to establish that development and construction will be consistent with the proposed policy plan overlay district. Minimum specific design and improvement details shall include typical building elevations, streetscape, and explanation of all relevant features required pursuant to this subdivision.

3. A development schedule describing the sequence and timing of subdivision and capital improvements, along with estimated capital costs and proposed funding mechanism.

4. Such other information as may be required by the Board of Supervisors, Planning Commission, or Director of Resource Management concerning the proposed development and use of such property, or which the applicant may deem appropriate for a full consideration of the proposal by the Board of Supervisors, Planning Commission, and Director of Resource Management.

5. All information required by this Section shall be stated in a manner to describe the character and style of the proposed development and use in sufficient detail to constitute definite criteria under which subsequent development can be judged for compliance.

(d) Adoption of Policy Plan Overlay District. Adoption of a policy plan overlay district shall be by action of the Planning Commission and Board of Supervisors, including adoption of an ordinance, pursuant to Section 28-111.

The Board of Supervisors shall not approve a policy plan overlay district unless it makes the following findings:

(1) The proposed development is in conformity with the General Plan and any applicable specific plan.

(2) The proposed development is designed to produce an environment of stable and desirable character consistent with all applicable goals, objectives, policies, proposals, criteria, standards and procedures of the General Plan, and any applicable specific plan for the area in which the proposed development is a part.

(3) The proposed development meets applicable development requirements and where possible, exhibits creativity and innovation in architectural, engineering, planning, and environmental design.

(4) Adequate mitigation is provided for any use, process, equipment, or materials which are found to be objectionable or to be injurious to property located in the vicinity by reason of odor, fumes, dust, smoke, cinders, glare, unsightliness, hazardous materials, traffic congestion, or to involve any hazard of fire or explosion.

Upon approval of the policy plan overlay district by the Planning Commission and adoption by the Board of Supervisors of an ordinance amending the underlying zoning district, no further review by the Board of Supervisors or Planning Commission shall be required under this Chapter except pursuant to Section 28-112 of this Chapter.

(e) Interim Applicable Zoning. During review of an application for a policy plan overlay district, no uses of the property subject to such application shall be allowed except those which would have been permitted under the zoning that existed at the time of the policy plan overlay district application.

(f) Administration and Modification. The Director of Resource Management is authorized to issue approvals for building construction, site development plans, and for all minor design, site, sign, and building alterations that are deemed substantially in accord with the approved policy plan overlay district. All requests for minor alterations shall be submitted to the Director of Resource Management in writing, and shall include an explanation of the circumstances necessitating such alteration and the substantial conformity of the proposed modification with the approved policy plan overlay district.

(g) Conflict and severability. All uses and development in the policy plan overlay district shall also be subject to all other provisions of this code, except that where conflict in regulations occurs, the regulations specified in this Chapter shall prevail. All uses and development in the policy plan overlay district shall also be subject to all applicable provisions of State law, including the California Environmental Quality Act. Wherever possible, the requirements of that act shall be integrated into the approval process for a policy plan overlay district to ensure comprehensive and coordinated review in a timely manner.

(Ord. No. 1726, §2; Ord. No. 1867, §3)