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Vacaville City Zoning Code

Division 14.05

PLANNED GROWTH

§ 14.05.010.010 Title.

This division shall be known as the Planned Growth Ordinance of the City.
(Ord. 1972, Repealed and Replaced, 02/22/2022)

§ 14.05.010.020 Purpose.

The planned growth management system of the City is designed to develop and promote the preservation of a high standard of quality of life for all present and future citizens of the City and ensure the effective allocation of available public resources. To this end, the regulations of this division are established to achieve the following purposes:
A. 
To produce a manageable, orderly, and reasonable rate of growth based upon the ability of the City to provide adequate public services, facilities, and infrastructure;
B. 
To ensure that residential growth in the City is supported by adequate levels of public services, public facilities, and infrastructure;
C. 
To accommodate the City's fair share of county-wide and regional level residential growth, as well as its fair share of housing for very-low, low, moderate, and above moderate income households;
D. 
To accommodate an average long-term residential growth rate consistent with the General Plan through maintaining an adequate inventory of approved residential allocations through an annual review process and also through the approval of Phasing Plans for residential areas subject to specific plans or policy plans.
E. 
To regulate the rate of residential growth for lands within the City limits as of January 1, 2000, through a process which phases the construction of remaining unbuilt units which are not subject to project specific phasing plans;
F. 
To regulate the annexation and construction of residential units on lands not within the City limits as of January 1, 2000, through phasing consistent with the Vacaville Comprehensive Annexation Plan and through phasing plans adopted by the City Council; and
G. 
To strive for a jobs and housing balance where employment opportunities within the City are economically sufficient to allow employees to live and work in the City, and to ensure that affordable housing is available for local employees.
(Ord. 1972, Repealed and Replaced, 02/22/2022)

§ 14.05.010.030 Definitions.

For the purposes of this division, the following definitions shall apply:
"Allocation"
means a residential unit for which the City Council has determined that a building permit for a new residential unit may be at issued at any time, so long as the allocation remains valid.
"Custom designed single-family homes"
are single-family housing plans that:
1. 
Are not an approved production home for the residential project in which it is located; and
2. 
Are not constructed more than once in a residential project or the project consists of single lots sold individually to purchasers who contract individually for house plans.
"Phasing plan"
means a document approved by the City Council which includes provisions for the annual phasing of building permits and/or recordation of final maps within a residential project. The phasing plan is contained within a City Council adopted document such as a specific plan, policy plan or development agreement.
(Ord. 1972, Repealed and Replaced, 02/22/2022)

§ 14.05.010.040 Applicability.

This chapter is suspended until January 1, 2034, to help facilitate housing production and to remove governmental constraints to the development of housing as required by Government Code Section 65583(c)(3).
No application for any entitlement for a use, or any application related to residential development including, but not limited to, annexation, tentative maps, vesting tentative maps, parcel maps, final maps, design reviews, planned developments, or building permits shall be accepted, processed, or issued for construction of residential units, whether single-family or multifamily, except as set forth in this division.
A. 
Nothing in this chapter is intended to be, nor shall it be, a limitation on the ability of the City Council to exercise its police power to adopt or institute further limitations on development within the City or to establish moratoria, as necessary, to preserve the public health, safety, and welfare in light of changing conditions as they may occur in the future.
B. 
Nothing in this chapter is intended to be, nor shall it be, a limitation on the ability of the City Council to annex unincorporated territory to the City, whether for residential, industrial, or commercial development, in conformance with the provisions of the General Plan, the Land Use and Development Code, the standards for annexation of the Solano County Local Agency Formation Commission, and the provisions of the Cortese-Knox-Hertzberg Local Government Reorganization Act of the California Government Code.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1984, Amended, 07/25/2023)

§ 14.05.020.010 Processing of New Residential Development Applications.

The following limitations on the processing of new development applications shall apply:
A. 
Lands Outside the City Limits. Residential development applications for lands outside the City limits as of January 13, 2000, shall be accepted for processing with the following provisions:
1. 
A site requiring annexation to the City shall be identified as a near-term annexation area in the Vacaville Comprehensive Annexation Plan, or there shall be the initiation of an amendment to the Comprehensive Annexation Plan by the City Council to identify the site as a near-term annexation area in the Comprehensive Annexation Plan.
2. 
Any person seeking annexation to the City shall first submit a proposal for annexation in a format consistent with the administrative procedures established by the Director of Community Development, and approved by the City Council.
3. 
Thereafter, the proposal shall be reviewed by the City Council within its sole discretion, and, if determined appropriate, may be allowed to proceed with a formal application to the Solano County Local Agency Formation Commission for annexation.
4. 
Approval by the City Council of an applicant's ability to proceed with a formal annexation application shall not constitute, nor shall it be, a limitation of the ability of the City Council to fully exercise its discretion to deny a proposed annexation.
5. 
Lands designated within the General Plan as required specific plan or policy plan areas shall be subject to residential phasing plans to regulate the rate of growth within the individual project.
6. 
Lands not designated within the General Plan as required specific plan or policy plan areas are subject to the allocation provisions of this division; provided, that as an alternative, a phasing plan may be proposed by the developer.
B. 
Lands Within the City Limits. Residential development applications for lands within the City limits as of January 13, 2000, shall be accepted for processing at any time.
1. 
Lands identified within required specific plan or policy plan areas in the General Plan shall be subject to residential phasing plans to regulate the rate of growth within the individual project.
2. 
Lands not identified within required specific plan or policy plan areas are subject to the allocation provisions of this division; provided, that as an alternative, a phasing plan may be proposed by the developer.
(Ord. 1972, Repealed and Replaced, 02/22/2022)

§ 14.05.030.010 Annual Review of the Inventory of Unbuilt Allocations and Determination of Available Allocations.

Each year, within the time frame specified within this division, the Director of Community Development shall conduct an inventory and administratively determine the number of residential units with an approved allocation for which building permits have not been issued. The inventory shall be the factor used in determining how many allocations will be available during the following calendar year.
A. 
Existing Inventory Determined. The existing inventory shall be determined as of December 31st of each year as follows:
1. 
All unbuilt units within a final map.
2. 
All unbuilt multifamily units within an approved planned development and approved allocation.
3. 
All unbuilt units within a tentative map or parcel map, which are grandfathered in accordance with this chapter.
4. 
All unbuilt multifamily units within a planned development, which are grandfathered in accordance with this chapter.
5. 
The inventory shall not include unbuilt units subject to a phasing plan.
B. 
Determination of Available Allocations. The City Council, each January, shall review the inventory of residential units as in accordance with Chapter 14.05.010 of this code and determine the number of residential units, exclusive of those units subject to a phasing plan, available to be allocated during the next calendar year in order to obtain a maximum inventory of 750 units. Should the inventory exceed 750 units, no further allocations, except for exempt units in accordance with this chapter, will be available to be granted during the next calendar year.
C. 
Consideration of Units Within Phasing Plans. The City Council shall determine the number of potential units within phasing plans considered buildable in the following calendar year, based upon whether they are likely to have adequate infrastructure to support the units within the following calendar year. When added to the existing inventory determined in accordance with Chapter 14.05.020 of this code, if the total number exceeds 1,000 units, the City Council shall review and may reduce the number of allocations to be granted during the next calendar year. The information contained within the Infrastructure, Facilities and Services Status Report required in accordance with Chapter 14.05.040 of this code shall be considered during this review.
(Ord. 1972, Repealed and Replaced, 02/22/2022)

§ 14.05.030.020 Process for Allocation of Residential Building Permits.

A. 
Acceptance of Allocation Requests. If it is determined, pursuant to Chapter 14.05.020 of this code, that there are allocations available to be granted during the calendar year, requests for allocations will be accepted and approved up until the total inventory is at 750 allocated units. The City Council shall consider allocation requests in chronological order based upon the following dates:
1. 
For residential units on individual parcels within a subdivision map, the date that the Director of Community Development determines that the improvement plans and final map are ready for approval.
2. 
For multifamily residential units within a planned development which are not individual parcels within a subdivision map, the effective date of the approval of the planned development, or for projects granted a time extension, the effective date of the approval of a time extension for a planned development.
B. 
Consideration of Allocation Requests for Final Maps. The approval of allocations for units within a final map shall occur concurrent with the City Council's consideration of the recordation of a final map pursuant to Division 14.11.
1. 
Units within a recorded final map are deemed to have allocations that are valid concurrent with the life of the recorded map.
2. 
Allocations shall expire and be null and void should the final map be reverted back to acreage.
C. 
Consideration of Allocation Requests for Multifamily Units. The approval of allocations for units within a planned development which are not individual parcels within a subdivision map shall occur subsequent to approval of the planned development and may occur concurrently with approval of the development applications by the City Council.
1. 
Multifamily units with approved allocations are deemed to have building permit allocations that are valid with the life of the approved planned development.
2. 
The building permit allocations shall expire and be null and void upon the expiration date of the planned development approval and are not automatically extended with a time extension request.
D. 
Consideration of Allocation of More Than 750 Units. The City Council may, in its discretion and on a case-by-case basis, consider a request for the allocation of units for a project that would bring the inventory of units above the planning standard of 750 as provided below.
1. 
An application shall be made on a form specified by the Director of Community Development and be accompanied by a fee set by resolution of the City Council in an amount sufficient to cover the City's costs associated with processing, reviewing, and analyzing the application.
2. 
The City Council may approve the application if it determines that there are adequate public facilities, infrastructure, and services to serve the residential development, and that approving the application benefits the public.
3. 
In approving an application, the City Council may place conditions on the approval, including, but not limited to, a specific deadline by which building permits shall be obtained for the additional residential units.
E. 
Limitations for Approval of Allocations. Residential units subject to a phasing plan are not eligible for additional allocations under the provisions of this section.
F. 
Limitations on Recordation of Final Maps and Issuance of Building Permits.
1. 
Except as provided in Section 14.05.030.030, no final map shall be approved by the City Council for a residential subdivision unless allocations for the residential units within that final map have first been approved.
2. 
Except as provided in Section 14.05.030.030, no building permit shall be granted for the construction of multifamily dwellings unless allocations for those units within that multifamily project have been approved.
(Ord. 1972, Repealed and Replaced, 02/22/2022)

§ 14.05.030.030 Exceptions to the Limitations on the Recordation of Final Maps and Issuance of Building Permits.

A. 
The recordation of final maps for the following projects are exempt from the provisions of this division and may be accepted, processed, and recorded at any time:
1. 
Parcel maps for four or fewer residential units.
2. 
Publicly subsidized or below market rate projects where all units within the project are affordable to very-low and/or low income households, as defined in Division 14.09.
3. 
Subdivision maps where all units within the project are custom-designed, single-family homes.
4. 
Subdivision maps where all units within the project are limited to occupancy by senior citizens 55 years of age or older.
5. 
Development projects for which there is an approved Phasing Plan, which specifically provides for an exemption to the provisions of this division.
6. 
Units approved within tentative maps by January 13, 2000.
a. 
Upon expiration of the approval, the exemption provided under this section is void.
B. 
The issuance of building permits for multifamily residential units for which there is no final map may be accepted, processed, and issued at any time for the following projects:
1. 
Projects of four or fewer residential units.
2. 
Accessory dwelling units.
3. 
Publicly subsidized or below market rate projects where all units within the project are affordable to very-low and/or low income households, as defined in Division 14.16.
4. 
Development projects where all units within the project are limited to occupancy by senior citizens 55 years of age or older.
5. 
Development projects for which there is an approved phasing plan, which specifically provides for an exemption to the provisions of this division.
6. 
Units approved by January 13, 2000, which are within a planned development and are not individual parcels within a subdivision map.
7. 
Upon expiration of the approval, the exemption provided under this section is void.
(Ord. 1972, Repealed and Replaced, 02/22/2022)

§ 14.05.030.040 Administration.

A. 
Within any designated year, the City Council may, by resolution, extend deadline dates for the preparation of the infrastructure, facilities and services status report or for the annual review of the inventory of unbuilt allocations, in unusual circumstances when necessary information is not readily available within the designated time periods.
B. 
Within any designated year, however, the City Council may, by resolution, defer the preparation of the infrastructure, facilities and services status report for up to one year when the city council determines that it is unlikely that such report would identify any significant decrease in levels of public services.
C. 
The Director of Community Development is authorized to issue administrative procedures and guidelines to implement the provisions of this division.
(Ord. 1972, Repealed and Replaced, 02/22/2022)

§ 14.05.040.010 Preparation of Infrastructure, Facilities and Services Status Report.

A. 
Each January the Director of Development shall prepare an informational report to evaluate the existing levels and capacities of public services, facilities, and infrastructure, and the ability of such services, facilities, and infrastructure to support projected levels of construction during the subsequent five years. The report shall be forwarded as an informational document to the Planning Commission and City Council.
B. 
Components of the Infrastructure, Facilities and Services Report. The report shall focus on the following areas:
1. 
Circulation facilities, including determination of existing traffic levels of service on streets, intersections, and interchanges;
2. 
Water supply facilities, including consideration of existing and projected water entitlements to serve projected growth;
3. 
Wastewater treatment facilities, including consideration of available treatment capacity to serve projected growth;
4. 
Any other infrastructure, facilities, or services as directed by the City Council.
5. 
Review the City's housing mix in accordance with standards in the General Plan.
C. 
Purpose of the Infrastructure, Facilities and Services Report. The information contained within the report shall be considered by the City Council as follows:
1. 
In considering a reduced allocation of less than 750 units, based on the number of units within phasing plans in accordance with Chapter 14.05.020 of this code.
2. 
In considering the allocation of more than 750 units as in accordance with Chapter 14.05.020 of this code.
3. 
In considering the approval of a phasing plan as defined in Section 14.05.010.030.
(Ord. 1972, Repealed and Replaced, 02/22/2022)