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Vacaville City Zoning Code

Division 14.01

ADMINISTRATION

§ 14.01.010.010 Title.

This title is known as "Title 14, Land Use and Development Code of the City," and may be referred to as the "Land Use and Development Code" or "this title."
(Ord. 1972, Repealed and Replaced, 02/22/2022)

§ 14.01.010.020 Purpose and Intent.

The standards, guidelines, and procedures contained within this title have been established to protect and promote the public health, safety, and welfare of the people of the City, and to accomplish the following:
A. 
To implement the goals, objectives, and policies of the City's General Plan which serve to guide and manage the future growth of Vacaville;
B. 
To preserve and enhance the aesthetic quality of the community, while protecting its physical, social, and economic vitality by orderly land use and resource planning;
C. 
To promote the stability of existing land uses which conform to the General Plan and to protect them from encroachment by incompatible uses;
D. 
To maintain and enhance significant natural environmental resources;
E. 
To promote a sound and diversified economic base which provides for and encourages employment opportunities for the citizens of Vacaville;
F. 
To manage the distribution of population in accordance with the availability of natural resources and public services and facilities necessary to support a thriving community;
G. 
To safeguard the public welfare through the regulation of the design, construction, and use of structures, and the implementation of the Uniform Building and Fire Codes;
H. 
To promote the development of a safe and efficient circulation system and ensure the timely development of public improvements; and
I. 
To ensure adequate consideration for urban design in the City development process so that new development enhances the image and quality of life in the City.
(Ord. 1972, Repealed and Replaced, 02/22/2022)

§ 14.01.010.030 Consistency With the General Plan.

All actions, approvals, and procedures taken in accordance with this title shall be consistent with the General Plan. An application for a permit or other approval shall only be granted if the application is consistent with the General Plan. A request to amend the General Plan may be filed and processed concurrently with other applications governed by this title if it is determined by the Director of Community Development that there are no major conflicting policy issues associated with the General Plan amendment. According to state Public Utilities Code Section 21676(b), all proposed amendments to the General Plan affecting land within the airport influence area must first be referred to the Solano County Airport Land Use Commission for a consistency determination prior to action by City Council as stated in Section 14.09.110.070.
(Ord. 1972, Repealed and Replaced, 02/22/2022)

§ 14.01.010.040 Organization of the Land Use and Development Code.

A. 
This title is a comprehensive compilation of the rules and regulations governing land use and development within the City. The Land Use and Development Code sets forth the procedures for the administration of zoning, subdivisions, grading, benefit districts, annexations, development agreements, and other land use related provisions. The Land Use and Development Code incorporates by reference, uniform construction codes related to building, electrical, mechanical, plumbing, and fire regulations. Also included in the Land Use and Development Code are ordinances specifically related to special land use policies and practices, such as the dedications and improvements and the planned growth ordinances.
B. 
This title is organized into divisions, that identify the general subject area. Each division is comprised of chapters, that include sections and subsections.
C. 
Some divisions within this title are intended to supplement existing state regulations which detail the project review and approval process required under state law. For example, the Environmental Review Ordinance is intended as a supplement to the California Public Resources Code and to the California Environmental Quality Act (CEQA) Guidelines. As such, the CEQA regulations are described within this Land Use and Development Code in general, as they would pertain to development in the City. In addition, the Grading Ordinance supplements Chapter 70 of the Uniform Building Code. Therefore, the applicable divisions will specify whether the state regulations should be consulted for additional information on the review process and development related standards.
D. 
The Land Use and Development Code includes the development standards for parking lots, signs, landscaping, and other development related features. Also included are the performance standards which specify the conditions under which an activity shall operate.
E. 
The Land Use and Development Code provides for guidelines to be adopted by City Council resolution and incorporated into the Land Use and Development Code as a supplement. This procedure will facilitate the creation and the amendment of the guidelines, which may be needed to carry out the purpose and intent of this title. The guidelines may also allow for their interpretation and administration at the staff level.
F. 
Words, phrases, and terms used in this title shall have the meaning assigned to them in Division 14.02. Some divisions, however, may contain their own definitions of words used within the context of that division. The word "shall," when used within this title, requires mandatory action; the word "may" is permissive and "should" is discretionary.
(Ord. 1972, Repealed and Replaced, 02/22/2022)

§ 14.01.010.050 Amendment to the Land Use and Development Code.

Amendments to the Land Use and Development Code shall be conducted as follows:
A. 
Initiation. Amendments to the Land Use and Development Code may be initiated by the City Council. The Planning Commission may initiate amendments for subjects which fall within their approval jurisdiction in accordance with Section 14.01.030.030. A private party may request in writing that an amendment be initiated by the appropriate body with jurisdiction over the subject of the request, in accordance with the provisions of Sections 14.01.030.020 and 14.01.030.030. If the City Council or Planning Commission determines that the requested amendment will substantially benefit a private party or parties, the payment of a processing fee established by resolution of the City Council shall be required prior to the review of the proposed amendment.
B. 
Planning Commission Recommendation. The Planning Commission shall hold a public hearing and make recommendations to the City Council on proposals to amend the Land Use and Development Code for which the Commission has the authority to review or approve the subject matter in accordance with Section 14.01.030.030. The Planning Commission shall forward a recommendation to the City Council to approve or deny the request to amend this title.
C. 
City Council Review. The City Council shall hold a public hearing on an application to amend the Land Use and Development Code.
D. 
Amendment to the Zoning Ordinance. Requests to amend the Zoning Ordinance shall be processed in accordance with the procedures outlined in subsections A through C of this section, except that if the City Council modifies the amendment to the Zoning Ordinance, any modification to the proposed amendment that was not previously considered by the Commission during its public hearing shall be referred back to the Commission before City Council final action. The Commission shall not be required to hold another public hearing but shall report back to the City Council within 45 calendar days of the Council referral unless a longer period is granted by the Council. If the Planning Commission does not report back within this time period, the modification shall be deemed to be recommended for approval. Amendments to the zoning map shall be processed in accordance with the provisions of Chapter 14.09.020 of this code. Amendment to the Zoning Ordinance is subject to Solano County Airport Land Use Commission review if the amendment applies to land within an airport influence area and involves matters that may have airport land use compatibility implications as stated in Section 14.09.110.070.
E. 
Public Notice. Public notice shall be provided in accordance with the provisions of Section 14.09.030.070, unless otherwise specified in the applicable chapters of this title.
(Ord. 1972, Repealed and Replaced, 02/22/2022)

§ 14.01.020.010 Private and Public Projects.

Land, buildings, or structures may only be developed, used, erected, constructed, altered, or maintained in accordance with the provisions of this title. Land may only be subdivided, merged, and/or lot lines adjusted, in accordance with the provisions of this title. Uses that require a permit or other approval under the provisions of this title shall only be initiated with approval of required permits and/or approval has been granted by the appropriate city decision maker and all applicable conditions associated with the permit or approval have been completed or complied with to the satisfaction of the Director of Community Development.
A. 
This title shall not be applicable to any public use, construction, or action that is specifically excluded from city jurisdiction by federal or state law or by the Municipal Code.
B. 
In conjunction with the approval of a capital improvements project, the City Council may approve a reduction in standards related to the capital improvements project for an adjoining property if the City Council finds that the reduced standard is necessary for the public health, safety, or welfare.
C. 
Any approvals granted prior to the effective date shall be valid for the original period of approval and the original conditions of approval shall apply for the original time period. Thereafter, with the expiration of any such approval, the provisions of the Land Use and Development Code shall apply, unless granted an extension. When the provisions of a development agreement differ from those of this title, the provisions of the development agreement shall supersede the provisions of this title.
D. 
Notwithstanding any other provision of this title, the City Council may, in conjunction with the approval of a capital improvement project or other public project related to the construction, replacement, repair, or rehabilitation of city-owned water or sewer facilities, approve modifications, reductions, or exemptions from development standards, zoning requirements, or land use regulations when the Council finds that:
1. 
The exemption is necessary to ensure timely delivery of essential public utility services;
2. 
The exemption will not create a condition materially injurious to the public health, safety, or welfare; and
3. 
The exemption is consistent with the intent and purpose of the General Plan.
E. 
The City Manager, or designee, may approve minor exemptions, as determined in the City Manager or designee's discretion, from development standards, zoning requirements, or land use regulations for the construction, replacement, repair, or rehabilitation of public water and sewer infrastructure when:
1. 
The exemption is limited in scope and necessary to avoid delay or unreasonable expense in the provision of utility service;
2. 
The exemption does not result in a permanent or significant inconsistency with surrounding land uses; and
3. 
The exemption is reported in writing to the City Council within 30 days of approval.
(Ord. 2016, 3/24/2026)

§ 14.01.030.010 Assignment of Authority.

The provisions of this division are intended to provide an overview of the assignm ent of authority. The individual divisions contained within this title provide the actual authority to decision makers for various approvals related to land use and development.
The authority for the regulations contained in this title is based on Section 7, Article XI of the California Constitution, the provisions of the California Planning and Zoning Law, Division 1 of Title 7 of the California Government Code, which provide for the regulation of the intensity of land use and the adoption of standards for the regulations of population density, the California Environmental Quality Act, Title 13 of the Public Resources Code, the California Health and Safety Code, and the police powers granted to municipalities by the laws of the state of California.
In addition, the provisions of this title relating to the regulation and control of subdivisions are intended to serve as the Subdivision Ordinance of the City and to supplement the Subdivision Map Act, Division 2 of Title 7 of the California Government Code. The provisions of the Subdivision Map Act are hereby incorporated herein by reference. In the event of a conflict between the provisions of the Subdivision Map Act and the provisions of this title, the Subdivision Map Act shall prevail.
(Ord. 1972, Repealed and Replaced, 02/22/2022)

§ 14.01.030.020 City Council – Approval Authority.

The City Council is authorized to administer this Land Use and Development Code as follows:
A. 
The City Council is authorized to approve, approve with modifications, or deny applications and related proposals pertaining to the following:
1. 
Appeals of determinations by the Planning Commission;
2. 
Approvals, in addition to those listed below, as specified in the applicable sections of the Land Use and Development Code;
3. 
Amendments to the Land Use and Development Code;
4. 
Certification of environmental impact reports, and other environmental assessments processed concurrently with development applications subject to City Council approval;
5. 
Zoning map amendments and prezonings;
6. 
Policy plans and specific plans, adoption and amendment;
7. 
Planned development overlays, including with a density bonus;
8. 
Vesting tentative and parcel maps;
9. 
Final tract maps;
10. 
Benefit district formation;
11. 
Right-of-way dedications;
12. 
Plan lines;
13. 
Development agreements, adoption and amendment;
14. 
General Plan amendments;
15. 
Residential building permit allocations pursuant to the Planned Growth Ordinance;
16. 
Annexations;
17. 
Cancellation of California Land Conservation Act agricultural contracts;
18. 
Design guidelines for nonresidential development, and for residential development if adopted prior to January 1, 2020;
19. 
Establishment of areas of special flood hazard;
20. 
Residential development application when processed concurrently with a legislative approval;
21. 
Traffic Impact Mitigation Ordinance;
22. 
Planned Growth Ordinance; and
23. 
Solano County Airport Land Use Commission determinations according to state Public Utilities Code Sections 21676(a), (b), and (c) and Section 14.09.110.070.B.
B. 
Fees. The City Council may establish fees set by resolution to cover costs of services provided in reviewing and processing applications, administering permits and other approvals, and conducting plan checks and inspections pursuant to this title.
C. 
Design Guidelines. The City Council is authorized to adopt by resolution design guidelines and policies as a supplement to the development standards of this title.
(Ord. 1972, Repealed and Replaced, 02/22/2022)

§ 14.01.030.030 Planning Commission – Approval Authority.

The Planning Commission is authorized to administer this Land Use and Development Code as follows:
A. 
The Planning Commission may approve, approve with modifications, or deny applications and related proposals pertaining to the following:
1. 
Appeals of determinations by the Director of Community Development;
2. 
Approvals, in addition to those listed below, as specified in the applicable sections of the Land Use and Development Code;
3. 
Certification of environmental impact reports or approval of environmental assessments;
4. 
Conditional use permits;
5. 
Variances;
6. 
Design review;
7. 
Tentative maps;
8. 
Relocation permits; and
9. 
Major modifications.
B. 
The Planning Commission shall review and make recommendations to the City Council for applications and related proposals, or amendments to the Land Use and Development Code, pertaining to the following:
1. 
Applications or proposals, in addition to those listed below, as specified in the applicable sections of the Land Use and Development Code;
2. 
Environmental assessments for projects on which the Planning Commission is authorized to make a recommendation;
3. 
Zoning map amendments and prezonings;
4. 
Planned development overlay, including with a density bonus;
5. 
Amendments to the Subdivisions Ordinance;
6. 
Policy plans and specific plans, adoption and amendment;
7. 
Amendments to the Zoning Ordinance;
8. 
Amendments to the Dedications and Improvements Ordinance;
9. 
Plan lines;
10. 
General Plan amendments;
11. 
Design guidelines;
12. 
Vesting tentative maps;
13. 
Residential development applications when processed concurrently with a zoning map amendment;
14. 
Residential building permit allocations pursuant to the Planned Growth Ordinance;
15. 
Development agreements, adoption and amendment; and
16. 
Growth audit report.
(Ord. 1972, Repealed and Replaced, 02/22/2022)

§ 14.01.030.040 Administrative Authority.

The Director of Community Development, the City Engineer, the Building Official, the Director of Public Works, and the Fire Chief are authorized to administer this Land Use and Development Code as follows:
A. 
The Director of Community Development is authorized to approve, approve with modifications, or deny applications and related proposals pertaining to the following:
1. 
Applications or proposals, in addition to those listed below, as specified in the applicable sections of the Land Use and Development Code;
2. 
Home occupation permits;
3. 
Accessory dwelling units;
4. 
Design review;
5. 
Minor use permit;
6. 
Administrative clearances;
7. 
Modifications and major modifications;
8. 
Signs;
9. 
Large family day care;
10. 
Determination of a permitted use;
11. 
Parcel maps, lot line adjustments, and parcel map waivers;
12. 
Environmental assessments for projects within administrative review authority;
13. 
Approvals as specified in a policy plan or specific plan; and
14. 
Tree removal permit.
B. 
The Director of Community Development is authorized to perform administrative actions to implement the provisions of this title, including the following:
1. 
Preparation and execution of public notices;
2. 
Conduct public information meetings as determined to be necessary;
3. 
Maintenance of records;
4. 
Execution of official documents;
5. 
Analysis of applications and preparation of staff reports;
6. 
Recommendation to the Planning Commission and the City Council regarding applications or proposals;
7. 
Other actions as required by this title; and
8. 
Addition and revision of diagrams and other figures to the Land Use and Development Code which are intended for illustrative purposes.
C. 
The City Engineer is authorized to approve, approve with modifications, or deny applications and related proposals pertaining to the following:
1. 
Public improvement grading permits;
2. 
Other applications or proposals as specified in the applicable sections of the Land Use and Development Code; and
3. 
Corrections or modifications to filed maps or parcel maps.
D. 
The Building Official is authorized to approve, approve with modifications, or deny applications and related proposals pertaining to the following:
1. 
The California Building Standards, except the California Fire Code;
2. 
Private grading permits; and
3. 
Other applications or proposals as specified in the applicable sections of the Land Use and Development Code.
E. 
The Director of Public Works is authorized to approve, approve with modifications, or deny applications and related proposals pertaining to the following:
1. 
Public improvement grading permits;
2. 
Emergency projects as defined in Division 14.03; and
3. 
Other applications or proposals as specified in the applicable sections of the Land Use and Development Code.
F. 
The Fire Chief is authorized to approve, approve with modifications, or deny applications pertaining to the following:
1. 
Approvals pursuant to the provisions of the Uniform Fire Code; and
2. 
Other applications or proposals as specified in the applicable sections of the Land Use and Development Code.
(Ord. 1972, Repealed and Replaced, 02/22/2022)

§ 14.01.040.010 Purpose.

This chapter provides for the enforcement of the provisions of the Land Use and Development Code, and is intended to:
A. 
Establish the procedures for enforcement of the provisions of the Land Use and Development Code, and to define the authority granted through the City's police powers to enforce the standards and regulations of this title;
B. 
Protect the stability of existing and future land uses and the aesthetic quality of the community by ensuring compliance with the provisions of the Land Use and Development Code;
C. 
Protect and maintain property values through the enforcement of applicable adopted standards and regulations;
D. 
Protect the health, safety, and welfare of people residing and working in the City; and
E. 
Implement the goals, objectives, and policies of the General Plan and the standards of the Land Use and Development Code.
(Ord. 1972, Repealed and Replaced, 02/22/2022)

§ 14.01.040.020 Applicability.

All persons empowered by this title to grant a permit, certificate, or other approval, shall comply with the provisions of this title, and shall grant no permit, certificate, or other approval in conflict with said provisions. Any such permit, certificate, or other approval, if issued in conflict with the provisions of this title, shall be null and void. Enforcement of the provisions of the Land Use and Development Code shall apply to all provisions of the Land Use and Development Code.
(Ord. 1972, Repealed and Replaced, 02/22/2022)

§ 14.01.040.030 Enforcing Officers and Areas of Responsibility.

Enforcement of this title shall be as follows:
A. 
Except as otherwise provided in this division, the Director of Community Development shall enforce all provisions of this title related to permits, certificates, and other approvals.
Enforcement actions which include the initiation of procedures to revoke said permits, certificates, and approvals, shall be in accordance with the provisions of Division 14.09.
B. 
The Director of Community Development may serve notice requiring the removal of any structure or use in violation of this title on the property owner or the owner's authorized agent, on a tenant, or on any other person who commits or participates in any violation.
C. 
The Director of Community Development may call upon the City Attorney to institute necessary legal proceedings to enforce the provisions of this title and to institute appropriate actions to that end. The Director of Community Development may call upon the Chief of Police to assist in the enforcement of this title.
(Ord. 1972, Repealed and Replaced, 02/22/2022)

§ 14.01.040.040 Right of Entry.

The enforcing officer shall have the right to enter any site for the purpose of investigation and inspection as part of an enforcement action, pursuant to Chapter 14.25.010 of this code, only as stipulated in the Statutes of California.
(Ord. 1972, Repealed and Replaced, 02/22/2022)

§ 14.01.040.050 Penalty for Violation.

Penalty for the violation of the provisions of this title shall be as follows:
Any person, firm, corporation, or organization violating any provision of this title shall be guilty of an infraction and upon conviction thereof, shall be punishable in accordance with Chapters 1.16, General Penalty, and 1.20, Citations for Ordinance Violations, of this code. A person, firm, corporation, or organization shall be deemed guilty of a separate offense for each day during any portion of which a violation of this title is committed, continued, or permitted by the person, firm corporation, or organization and shall be punishable as provided in this section. All remedies provided for in this section shall be cumulative and not exclusive.
(Ord. 1972, Repealed and Replaced, 02/22/2022)

§ 14.01.040.060 Voidable Conveyances.

Any deed of conveyance, sale, or contract to sell made contrary to the provisions of this title shall be voidable at the sole option of the grantee, buyer, or person contracting to purchase, his heirs, personal representative or trustee in insolvency or bankruptcy, within one year after the date of execution of the deed of conveyance, sale, or contract to sell, but the deed of conveyance, sale or contract to sell is binding upon any assignee or transferee of the grantee, buyer, or person contracting to purchase other than these above enumerated, and upon the grantor, vendor, or person contracting to sell or his assignee, heir, or advisee.
(Ord. 1972, Repealed and Replaced, 02/22/2022)