Vacaville City Zoning Code
Division 14.04
GENERAL PLAN AMENDMENTS
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§ 14.04.010.010 Title.
This division shall be known as the General Plan Amendment Ordinance of the City.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.04.010.020 Purpose.
The General Plan serves as the long range master plan guiding the direction of development within the community. As conditions within the City change, it may become necessary to amend or update the General Plan to ensure its effectiveness. This division establishes the minimum standards for processing applications to amend the General Plan. However, the Director of Community Development may determine that significantly complex projects, such as a General Plan update, require a greater level of review, and may provide for additional notice or public participation beyond the provisions of this division.
The regulations of this chapter are established to achieve the following:
A.
To comply with the requirements of the California Government Code as they pertain to planning, zoning, and development;
B.
To establish the procedures for the review and processing of applications to amend the General Plan;
C.
To ensure that the General Plan is internally consistent; and
D.
To ensure that the General Plan remains an effective, timely guide for orderly growth and development, the preservation of open space land, and the protection of the public health, safety, and welfare.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.04.010.030 Reference to the California Government Code.
This division is intended to supplement the California Planning and Zoning Law, Division 1 of Title 7 of the California Government Code, regulating the processing, review, and adoption of General Plans, updates, and amendments. Where this division establishes more restrictive objectives and procedures that are unique to the City and are consistent with the California Government Code, the more restrictive procedures shall apply. Any revision to Division 1 of Title 7 of the California Government Code that is applicable to this division, shall automatically be incorporated by reference into this division; provided, that the revisions are not less restrictive than those required by the City.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.04.010.040 Initiation of Amendment.
Amendments to the General Plan may be initiated by the City Council at the City Council's discretion through a specific action, through the adoption of the City's operating budget, or through any other form of City Council direction. Requests to initiate a General Plan amendment may be made as follows:
A.
City-Initiated Projects.
1.
The Planning Commission may request that the City Council initiate an amendment; and/or
2.
The Director of Community Development may request that the City Council initiate an amendment for City-sponsored projects.
B.
Non-City-Initiated Projects.
1.
An application for a project that is not City-initiated may be submitted within one of the designated application periods, as described in Section 14.04.020.010; and
2.
The City Council shall have the discretion to initiate a General Plan amendment for a non-City-related project during a time other than one of the designated application periods, as described in Section 14.04.020.010.A, when the City Council finds that the project will result in a community-wide benefit or when the amendment is necessary to deal with a unique or unforeseen circumstance.
C.
Requests for non-City-initiated amendments shall be reviewed and processed as follows:
1.
Any interested party may submit an application for a General Plan amendment in accordance with the provisions of this division.
2.
Such applications shall be reviewed by the City Council. The City Council may initiate the amendment and direct staff to proceed with processing the application.
3.
The City Council may decline to initiate the application for reasons which may include the following:
a.
The amendment is substantially inconsistent with City policies or standards; and
b.
Staff resources are not available at the time to provide for processing of the application due to priorities or staff commitments established through a City-adopted work program.
4.
A determination by the City Council to initiate an application shall not be considered an indication that the amendment either will be recommended for approval or will be approved.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.04.010.050 Limitation on Number of Amendments.
A.
Except as otherwise provided in Division 1 of Title 7 of the California Government Code, no mandatory element of the General Plan shall be amended more than four times per calendar year.
B.
Several applications affecting the same mandatory element may be grouped together as components of the same amendment. Each amendment may include more than one change to the General Plan. Such components shall be considered one amendment provided the City Council, when taking an action, considers each component during one public hearing and takes one action on the amendments as a whole.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.04.020.010 Application and Fees.
Applications to amend the General Plan shall be accepted in accordance with the following provisions:
A.
General Plan amendment applications for non-City-initiated projects may be accepted by the City during two window periods per calendar year. These window periods shall be during the months of March through April and September through October.
B.
An application for a General Plan amendment shall be made on a form specified by the Director of Community Development. The application shall include all items described on the application form, all items described on the supplemental application form, and shall be accompanied by fees set by resolution of the City Council sufficient to cover costs associated with processing the application and with conducting any related environmental review, as necessary.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.04.020.020 Refund of Fees.
Applications that are withdrawn may be eligible for a refund of fees only in the following instances:
A.
Full refund if no action has been taken to review the application materials.
B.
If the City Council declines to initiate an amendment application submitted by a private party, the applicant may receive a partial refund of fees, with the amount to be determined by the Director of Community Development, based upon the total costs of the City's review up to the point of the Council decision.
C.
Partial refund, with the amount to be determined by the Director of Community Development, based upon the total costs of the City's review prior to the City receiving notice that the application is withdrawn.
D.
No refund shall be given after the preparation of a staff report for the Planning Commission or the City Council.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.04.020.030 Submittal With Other Applications.
A zoning map amendment or a development-related application may be processed concurrently with a General Plan amendment if the Director of Community Development determines that there are no major conflicting policy issues associated with the amendment. A General Plan amendment application that is processed as a special performance option shall follow the procedures established in this division, except as otherwise required by Chapter 14.04.030 of this code.
A.
Two or more applications may be presented together during the public hearing; however, if approval of the General Plan amendment is necessary to ensure consistency between the General Plan and the accompanying applications, then the General Plan amendment shall be acted upon prior to an action being taken on any other application.
1.
If the Planning Commission is the decision maker for a development-related application filed concurrently with a General Plan amendment, the Planning Commission action shall be as follows:
a.
If a General Plan amendment is filed concurrently with a nonresidential development-related application, the Planning Commission shall make a recommendation on the General Plan amendment, but shall take an action on the development-related application only after the City Council has approved the General Plan amendment; or
b.
If a General Plan amendment is filed concurrently with a zoning map amendment and a residential development project, the Planning Commission shall make a recommendation on the whole of the project, and the City Council shall approve, approve with modifications, or deny the project.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.04.030.010 Public Hearing Procedure and Notice.
Both the Planning Commission and the City Council shall hold at least one public hearing on a General Plan amendment application, as follows:
A.
Public hearings on the proposed amendments would be scheduled, depending upon the complexity of the proposal, as soon as feasible as determined by the Director of Community Development;
B.
Public hearings for City-initiated General Plan amendments may be scheduled at any time at the City Council's discretion;
C.
Notice shall be published in at least one newspaper of general circulation within the jurisdiction of the City at least 10 calendar days prior to the hearing;
D.
Notice shall include the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, and a general description of the location of the real property, if any, that is the subject of the hearing;
E.
If the General Plan amendment application is processed concurrent with an application with noticing requirements different from those described in subsections A through F of this section, then the greater noticing requirements shall apply;
F.
If the proposed amendment would affect the permitted uses or intensity of uses of real property, notice of the hearing shall also be mailed or delivered at least 10 calendar days prior to the hearing to:
1.
The owner(s) of the subject real property, based upon the latest equalized assessment roll, or the owner's duly authorized agent;
2.
The project applicant;
3.
Each local agency expected to provide public facilities or services to the project when the ability to provide such facilities and services may be significantly affected; and
G.
If the number of property owners to whom notice would be mailed or delivered is greater than 1,000, the City may, in lieu of mailed or delivered notice, provide notice by placing a display advertisement of at least one-eighth page in one newspaper of general circulation at least 10 calendar days prior to the hearing.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.04.030.020 Action by the Planning Commission.
The Planning Commission shall, in an expeditious manner, make a recommendation to the City Council on the amendment.
A.
The Planning Commission shall recommend approval, approval with modifications, or denial of an application for a General Plan amendment.
B.
A recommendation for approval shall be made by an affirmative vote of not less than a majority of the total membership of the Commission.
C.
Any action by the Planning Commission that does not constitute a recommendation for approval or denial shall also be forwarded on to the City Council.
D.
An action by the Planning Commission may be appealed to the City Council by any interested party provided an appeal is filed with the City Clerk's office within 10 calendar days of the Commission's action. The appeal shall be filed on a form specified by the City Clerk and accompanied by the required filing fee. A public hearing shall be held on the appeal and notice provided in accordance with Section 14.04.030.010.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.04.030.030 Action by the City Council.
Action by the City Council on a General Plan amendment shall be as follows:
A.
The City Council may approve, modify, or reject the recommendation of the Planning Commission.
1.
Any substantial modification proposed by the City Council which was not previously considered by the Commission during its hearing process shall first be referred to the Planning Commission for its consideration and recommendation.
2.
Failure of the Planning Commission to report to the City Council within 45 calendar days of the referral, or within an alternate time set by the City Council, shall be deemed a recommendation for approval.
B.
An action by the City Council shall be by resolution adopted by an affirmative vote of not less than a majority of the total membership of the City Council.
C.
The action taken by the City Council on a General Plan amendment shall be final.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.04.030.040 Findings Required for Approval.
To approve a General Plan amendment, the City Council shall find that:
A.
The proposed amendment is internally consistent with the goals, objectives, and policies of the General Plan;
B.
The proposed amendment would not be detrimental to the public health, safety, or welfare of the community;
C.
The proposed amendment would maintain an appropriate balance of land uses within the City;
D.
The proposed amendment is consistent with the provisions of Division 1 of Title 7 of the California Government Code pertaining to the amendment, update, or adoption of General Plans; and
E.
In the case of an amendment affecting the General Plan Diagram, which designates land uses, the proposed use of the subject site is compatible with adjoining land uses.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.04.030.050 Effective Date of Amendment.
A General Plan amendment shall become effective when adopted by the City Council.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.04.030.060 Effect of Denial.
An application to amend the General Plan which is denied by the City Council or which the City Council declines to initiate shall not preclude another application, similar or otherwise, from being submitted during the next window filing period.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.04.040.010 Purpose.
A.
The Vacaville General Plan designates certain areas that are not expected to develop by the General Plan horizon year as urban reserve. Urban reserves are lands that are reserved for future urban use, that do not have an assigned General Plan land use designation for a specific type of use, that require comprehensive planning prior to urbanization, and that are intended to be retained in their current use, agricultural use, or similar minimal use until urbanized. These lands will require a General Plan amendment, annexation, and other various City planning approvals to permit urban development. General Plan policies provide that the City will consider General Plan amendment requests to convert lands designated as urban reserve to other land use designations no more often than every five years.
B.
The purposes of this chapter are:
1.
To provide a process and criteria for the City to evaluate conversions of lands designated urban reserve to land use designations that permit urban development during each scheduled review.
2.
To establish the City's policies regarding the use of urban reserve lands prior to being assigned other land use designations.
3.
To ensure an adequate, long-term supply of developable residential and nonresidential land without outpacing the community's ability to plan and prepare for such development.
C.
This chapter applies to all lands designated urban reserve in the Vacaville General Plan, except as noted in General Plan Policy LU-P17.4.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.04.040.020 Process for Converting Urban Reserve Lands.
The City shall use the evaluation process described in this chapter to consider converting urban reserve lands to other land use designations. This process is conducted in conjunction with the five-year update of the municipal service review as part of the Comprehensive Growth Management Plan. The evaluation shall be completed within no less than five years after completion of the previous evaluation or General Plan update. The process has three steps:
A.
First, the City prepares a development inventory and land need forecast as described in Section 14.04.040.030 to determine the amount and type of urban reserve land that could be eligible for conversion to urban land use designations.
B.
Second, the City evaluates alternatives of which urban reserve lands would best meet the needs identified in the development inventory and land need forecast and selects for which urban reserve lands, if any, it wishes to initiate the General Plan amendment process. This process is described in Section 14.04.040.040.
C.
Third, the City Council considers General Plan map and text amendments to assign urban land use designations to the selected urban reserve lands. This step is described in Section 14.04.040.050.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.04.040.030 Development Inventory and Land Need Forecast.
A.
The first step in evaluating whether to assign urban land use designations to urban reserve lands is for the City to prepare a development inventory and land need forecast ("inventory"). The inventory is completed in conjunction with the five-year update of the City's Municipal Service Review and Comprehensive Annexation Plan. The Director of Community Development prepares the inventory, which is subject to Planning Commission review and City Council acceptance.
B.
The inventory shall include the following:
1.
An inventory of the amount of land that has been developed within the City since the previous Inventory or General Plan update;
2.
A current inventory of the amount of developable lands available within the City and within the sphere of influence by land use;
3.
A forecast of the amounts of developable land by land use type that may be needed to accommodate expected development within the City over the 10- and 20-year periods following the inventory; and
4.
A comparison of the inventory and the forecast, and a determination of the amount of land needed by land use type to retain a 20-year supply of developable land within the City and sphere of influence or to replenish the supply of developable land within the City and sphere of influence reduced since the General Plan's adoption.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.04.040.040 Evaluation and Selection of Lands for Potential Conversion.
The second step in determining whether to assign urban land use designations to urban reserve lands is for the City Council to evaluate and select properties, if any, that it wishes to consider for assignment of urban land use designations. The City Council shall consider any requests from owners of urban reserve lands and the recommendation from the Planning Commission. The City Council shall consider the following factors:
A.
The information from the development inventory and land needs forecast. The amount of land converted shall not exceed:
1.
The amount of land of each land use type that has been developed citywide since adoption of the General Plan.
2.
The amount of each type of land that is needed to maintain a 20-year supply of that type of land within the City and sphere of influence.
3.
The City Council may, however, convert additional land as necessary to convert entire parcels, to provide appropriately sized sites for the planned use, or to otherwise accommodate sound land use planning (for example, to accommodate infrastructure extensions or the creation of logical boundaries). The total amount of additional land so converted shall not exceed 10 percent of the greater of either subsection A.(1) or (2) of this section.
B.
Which lands best meet the future needs of the City as identified in the inventory.
C.
Which lands are projected to have either existing or near-term proposed transportation, water, wastewater, and storm water utilities available within the 10-year period following the inventory; and
D.
Which lands are most likely to meet the Local Agency Formation Commission (LAFCO) annexation criteria before other potential prospective lands.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.04.040.050 General Plan Amendment Process for Assigning Urban Land Use Designations to Urban Reserve Lands.
A.
After the City Council has selected the urban reserve lands eligible for conversion to urban land designations and initiated the General Plan amendment process for these lands, the City Council may:
1.
Direct that staff proceed with preparing a specific proposal for amending the General Plan for new land use designations for the properties; or
2.
Authorize individual property owners or groups of owners to apply for such a General Plan amendment.
B.
The General Plan amendment shall be processed as specified by Chapter 14.04.030 of this code.
C.
The City Council is not obligated to approve any General Plan amendment proposal to convert urban reserve lands.
D.
If the City Council chooses not to approve a General Plan amendment proposal to convert certain urban reserve lands, it may choose to initiate the General Plan amendment process for a like amount of other urban reserve lands following the process identified in Section 14.04.040.040.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.04.040.060 Exception for Major Employment Uses or Public Facilities.
A.
The City Council may, at its own discretion and upon its own motion, initiate a conversion of urban reserve lands to accommodate or a major employment use that creates a minimum of 100 permanent jobs or a public facility.
B.
Such conversion is not subject to the requirements of this chapter and may occur at any time. Such conversion shall not include conversion to a residential land use designation.
C.
Such requests shall be subject to all required General Plan amendment, rezoning, annexation, and other land use approvals.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.04.040.070 Interim Use of Urban Reserve Lands.
Urban reserve lands are intended to be retained in their current use, agricultural use, or similar minimal use until urbanized. The City will oppose proposals to up-zone or otherwise approve development not previously allowed prior to adoption of the General Plan on urban reserve lands during this interim period in accordance with General Plan Land Use Policies.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.04.040.080 Designating Lands as Urban Reserve.
Designation of new lands as urban reserve may occur as part of a new General Plan or a comprehensive update to the plan. Until such time, no new lands shall be designated urban reserve.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
