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Vacaville City Zoning Code

Division 14.09

ZONING

§ 14.09.010.010 Title.
This division of the Land Use and Development Code shall be known and cited as the "Zoning Ordinance of the City of Vacaville," "Vacaville Zoning Ordinance," or "Zoning Ordinance."
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.010.020 Purpose.
The Zoning Ordinance is adopted to protect and promote the public health, safety, and general welfare and to implement the Vacaville General Plan. All actions, approvals, and procedures taken in accordance with this Zoning Ordinance shall be consistent with the General Plan. More specifically, the Zoning Ordinance is intended to:
A. 
Provide standards for the orderly growth and development of the City, and guide and control the use of land to provide a safe, harmonious, attractive, and sustainable community;
B. 
To implement the goals, objectives, and policies, and to achieve the arrangement of land uses depicted in the Vacaville General Plan;
C. 
Enhance the appearance of the City and promote high-quality design;
D. 
Preserve and enhance the character and quality of life of the City's residential neighborhoods;
E. 
Promote economic growth and the creation of jobs;
F. 
Facilitate the appropriate location of community facilities, institutions, transportation, and parks and recreational areas; and
G. 
Facilitate public participation in government decision making regarding land use and development, in a manner consistent with state law.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.010.030 Authority.
The Vacaville Zoning Ordinance is adopted pursuant to the authority contained in the California Government Code – Division 1 of Title 7: Planning and Zoning Law, Section 65000 et seq. of the California Government Code.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.010.040 Applicability.
A. 
Applicability of Property. This division shall apply, to the extent permitted by law, to all public and private property within the corporate limits of the City and to property for which applications for annexation and/or subdivisions have been submitted, including all uses, structures, and land owned by any private person, firm, corporation or organization, or the City or other local, state, or federal agencies.
B. 
Minimum Requirements. The provisions of this division shall be minimum requirements for the promotion of the public health, safety, and general welfare. Where this division provides for more discretion on the part of a City official or body, that discretion may be exercised to impose more stringent requirements than set forth in the Zoning Ordinance as may be necessary to promote orderly land use development and to implement the City's General Plan goals, policies, and objectives.
C. 
Compliance With Regulations. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished or moved in any zoning district, except in accordance with the provisions of the Zoning Ordinance, including the development and performance standards, and any permit issued pursuant to the Zoning Ordinance. The temporary or transitory nature of a use does not exempt it from this requirement.
D. 
Conflicting Regulations. All uses and development authorized by this division shall comply with all other such regulations and requirements. Where conflict occurs between the provisions of this division and any other City ordinance, chapter, resolution, guideline, or regulation, the more restrictive provisions shall control, unless otherwise specified by the decision maker.
E. 
Private Agreements. The Zoning Ordinance shall not interfere with or annul any recorded easement, covenant, or other agreement now in effect; provided, that where this division imposes greater restriction than imposed by an easement, covenant, or agreement, this division shall control. The City shall not be responsible for monitoring or enforcing private agreements.
F. 
Prior Ordinance. The provisions of this division supersede all prior zoning ordinances codified in this title and any amendments. No provision of this Zoning Ordinance shall validate any land use or structure established, constructed, or maintained in violation of the prior ordinance, unless such validation is specifically authorized by this division and is in conformance with all other regulations.
G. 
Effect of This Zoning Ordinance on Previously Approved Projects and Projects in Progress. The following provisions apply to development that was approved prior to subsequent amendments to this division:
1. 
Previously Approved Land Use Authorization. Any previously approved land use approval shall apply per the provisions of this Zoning Ordinance until the applicable approval has expired. Any new land use authorization must meet the provisions of this Zoning Ordinance.
2. 
Building Permit. Any building or structure for which a building permit has been issued may be completed unless or until it has expired.
3. 
Land Use Authorization in Process. An application for a discretionary land use authorization that has been accepted by the Community Development Department as complete for processing prior to the adoption of the ordinance codified in this chapter or any applicable amendment shall be processed according to the requirements of this Zoning Ordinance. The Director of Community Development may allow an application accepted as complete to be processed under the applicable provisions of the prior Zoning Ordinance upon receipt of a written request received no later than 30 calendar days after the effective date of this Zoning Ordinance, or any applicable ordinance amendment.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.010.050 Organization.
The Zoning Ordinance is organized as four parts:
A. 
Part I: Administration and Procedures. Part I establishes the overall purpose of the Zoning Ordinance and zoning map, the general rules that govern their applicability and use, and provisions for administration.
B. 
Part II: District Regulations. Part II establishes the land use and development standards for each base district and overlay district within the City.
C. 
Part III: Supplemental Standards. Part III establishes general site development standards, use regulations, and other requirements that are applicable in some or all zoning districts.
D. 
Part IV: Land Use and Development Permits. Part IV establishes procedures for specific approval processes, listed from ministerial approvals to more technical and substantive approvals.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.010.060 Interpretation.
Requests for interpretations of the Zoning Ordinance and verifications relating to prior approvals or permits may be made to the Director of Community Development. Requests shall be in writing. The decision of the Director of Community Development on such requests may be appealed under Section 14.09.030.120, Appeals.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.020.010 Purpose.
This chapter establishes procedures for the consideration and review of amendments to the Zoning Ordinance text and the zoning map.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.020.020 Applicability.
This chapter applies to all applications to change the text of this Zoning Ordinance or to revise a zone or boundary line shown on the official zoning map.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.020.030 Initiation of Amendment.
Amendments to the Zoning Ordinance and zoning map may be initiated in accordance with the following procedures:
A. 
City-Initiated Amendments.
1. 
The City Council may initiate an amendment by specific action, through the adoption of the City's operating budget, or through any other form of City Council direction.
2. 
The Planning Commission may request that the City Council initiate an amendment.
3. 
The Director of Community Development may initiate amendments to implement policies required by regulatory documents and to ensure consistency between regulatory documents and the Vacaville General Plan Land Use Map.
B. 
Non-City-Initiated Amendments.
1. 
An application to amend the zoning map for a project that is not City-initiated may be submitted after obtaining approval to initiate a General Plan amendment as identified in Section 14.04.010.040, Initiation of Amendment.
2. 
An application to amend the Zoning Ordinance for a project that is not City-initiated must be initiated by the City Council. Requests for non-City-initiated amendments shall be reviewed and processed as follows:
a. 
Any interested party may submit an application for a Zoning Ordinance amendment in accordance with the provisions of this division.
b. 
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.
c. 
The City Council may decline to initiate the application for reasons which may include the following:
i. 
The amendment is substantially inconsistent with City policies or standards; and
ii. 
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.
3. 
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; Ord. 1996, Amended, 07/23/2024)
§ 14.09.020.040 Procedures.
A. 
Application. An applicant must submit an application accompanied by the required fee, pursuant to Section 14.09.030.030, Application and Fees. The Director of Community Development may require an applicant to submit such additional information and supporting data as considered necessary to process the application. Amendments to the Zoning Ordinance and zoning map may be processed concurrently with other applications. If an amendment is initiated by the Director of Community Development, Planning Commission or City Council, the application fee is waived.
B. 
Staff Report. The Director of Community Development shall prepare a report and recommendation to the Planning Commission on any amendment application. The report shall include, but not be limited to:
1. 
General Plan Consistency Required. A discussion of whether and how the proposed amendment is consistent with the goals, objectives, and policies of the General Plan; and
2. 
Environmental Review. An environmental document prepared in compliance with the California Environmental Quality Act (CEQA) and the requirements of Section 14.09.030.060, Environmental Review. Applications involving projects for which an environmental document is required shall not be heard until the environmental assessment procedures required by CEQA are satisfied.
C. 
Notice of Public Hearing and Notice to Local Public Agencies. The City shall provide notice as provided for in Section 14.09.030.070, Public Notice. Notice of the hearing also shall be mailed or delivered to any local agency expected to provide essential facilities or services to the property that is the subject of the proposed amendment, including to the Solano County Airport Land Use Commission 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, Solano County Airport Land Use Commission (ALUC) Review.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.020.050 Planning Commission Hearing and Recommendation.
A. 
Planning Commission Hearing and Recommendation to City Council. The Planning Commission shall conduct at least one public hearing on the proposed amendment in accordance with Chapter 14.04.030 of this code, Approval Process.
B. 
Recommendation to City Council. Following the public hearing or hearings, the Planning Commission shall make a recommendation on the proposed amendments initiated by the City Council or an applicant to the City Council. Such recommendation shall include the reasons for the recommendation, findings related to General Plan consistency, and the relationship of the application to other adopted documents, in accordance with Section 14.09.020.070, Required Findings. The recommendation shall be transmitted in the form of a City Council memorandum, prepared by the Director of Community Development.
1. 
Approval. If the Planning Commission has recommended approval of the application, or approval with conditions, the City Council shall consider the proposal pursuant to Section 14.09.020.060, City Council Hearing and Action.
2. 
Denial. If the Planning Commission has recommended denial of the application, the recommended denial shall be forwarded to the City Council for its consideration.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.020.060 City Council Hearing and Action.
A. 
City Council Hearing. After receiving the recommendation of approval, or if requested by an interested party upon recommendation for denial from the Planning Commission, the City Council shall hold a hearing which shall be noticed in accordance with Section 14.09.030.070, Public Notice. The notice for the hearing shall include a summary of the Planning Commission recommendation.
B. 
City Council Action. After the conclusion of the hearing, the City Council may approve, modify, or deny the application, in accordance with Section 14.09.020.070, Required Findings.
C. 
Revision Referral to Planning Commission. If the Council proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision shall first be referred back to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 45 calendar days after the referral shall be deemed a recommendation for approval and the amendment shall be returned to Council for adoption.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.020.070 Required Findings.
The Planning Commission recommendations to City Council, and City Council approval or denial of Zoning Ordinance and/or map amendments, shall make and adopt all findings of fact, provided below, which shall be annotated to reflect the specific amendments. Zoning Ordinance and map amendment findings shall include, but not be limited to, the following:
A. 
That the proposed amendment is internally consistent with the goals, objectives, and policies of the General Plan, the Zoning Ordinance, and the Land Use and Development Code;
B. 
That the proposed amendment would not be detrimental to the public health, safety, or welfare of the community;
C. 
That the proposed amendment would maintain the appropriate balance of land uses within the City;
D. 
That the anticipated land uses on the subject site would be compatible with existing and future surrounding uses;
E. 
That the potential impacts to the City's inventory of residential lands has been considered; and
F. 
That the proposed amendment is consistent with any development-related application that is processed and approved concurrently with the amendment application.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.020.080 Prezoning.
This section establishes the procedure for the prezoning of unincorporated property that will subsequently be annexed to the City. The property zoning shall become effective upon annexation, pursuant to Government Code Section 65859.
A. 
Procedure. The procedure for prezoning of property shall be the same as amendments to the Zoning Ordinance and zoning map, according to Chapter 14.04.030 of this code, Approval Process.
B. 
Effective Date of Zoning and Time Limit. The zoning of the property to be annexed shall become effective at the time that annexation to the City becomes effective, pursuant to Government Code Section 56000 et seq. If the subject area has not been annexed to the City within five years of the date of zoning approval, the zoning approval is subject to reconsideration.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.030.010 Purpose.
The purpose of this chapter is to establish uniform procedures that are common to the application, preparation, filing, and processing of a variety of different land use and development permits and approvals. For procedures specific to different permit types, see Part IV, Land Use and Development Permits.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.030.020 Applicability.
This chapter establishes uniform procedures for all land use and development permits and approvals provided for in the Zoning Ordinance, unless superseded by a specific requirement of the Land Use and Development Code or by state law.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.030.030 Application Forms and Fees.
A. 
Applicant. An applicant may be any person or agency authorized to submit a development application to the City. For requests involving a specific site or property, an applicant may be the owner of property or the owner's authorized agent. If the application is made by someone other than the owner or the owner's agent, proof, satisfactory to the Director of Community Development, of the right to use and possess the property as applied for, shall accompany the application.
B. 
Application Materials.
1. 
Application Forms and Submittal Requirements. The Director of Community Development shall prepare and issue application forms and lists that specify the information required from applicants for projects subject to the provisions of this title. All applications shall include the information specified on these forms and lists.
2. 
Supporting Materials. The Director of Community Development may require the submission of supporting materials as part of preparing a complete application, including but not limited to statements, photographs, plans, drawings, renderings, models, material samples and other items necessary to describe existing conditions and the proposed project, and to determine the required level of environmental review pursuant to the California Environmental Quality Act (CEQA). Additional information required for the environmental review may be required after a determination of application completeness, if necessary to meet the requirements of CEQA.
3. 
Availability of Materials. All material submitted becomes the property of the City, although the City does not own the rights to the content, and materials may be distributed to the public, and shall be made available for public inspection. At any time upon reasonable request, and during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the Planning Division offices. Unless prohibited by law, copies of such materials shall be made available at a reasonable cost.
C. 
Multiple Applications.
1. 
Concurrent Filing. An applicant for a project which requires more than one development application (e.g., conditional use permit and planned development) shall file all related applications concurrently, together with all application fees. The concurrent filing requirements may be waived by the Director of Community Development.
2. 
Concurrent Processing. Multiple permits for the same project shall be processed concurrently and shall be reviewed and decided on by the highest decision maker for any of the permits.
D. 
Application Fees.
1. 
Fee Schedule. The Council shall approve by resolution a municipal fee schedule that establishes fees for permits, informational materials, penalties, copying, and other such items.
2. 
Fee Payment. All required application fees or deposits must be submitted prior to an application being deemed complete and application processing.
3. 
Fee Waiver. No fee shall be required when the applicant is the City, or if the fee is waived or reduced under any other provision of the Vacaville Municipal Code.
4. 
Refund of Fees. Application fees are non-refundable unless otherwise provided for in the Vacaville Municipal Code or by policy of the City Council, or if an application is withdrawn unused fees or deposits may be refunded to an applicant in an amount at the discretion of the Director of Community Development.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.030.040 Pre-Application Meeting.
A. 
A pre-application meeting is a required meeting between the applicant and City staff, that is intended to provide feedback on the readiness of the application submittal. This meeting is required prior to filing a formal planning application for projects meeting any of the following criteria, unless waived by the Community Development Director:
1. 
Proposals that meet the requirements for or include an application for a Use Permit, Subdivision, Parcel Map, Rezoning, General Plan Amendment, or Design Review.
2. 
Proposals that do not appear to qualify for an exemption under the California Environmental Quality Act (CEQA).
3. 
Projects utilizing a density bonus or other concessions under Chapter 14.09.210.
B. 
A preliminary review is an optional review process that is intended to provide information on relevant policies, zoning regulations, and procedures.
C. 
Exemption from Permit Streamlining Act. Pre-application review is not subject to the requirements of the California Permit Streamlining Act. An application that is accepted for pre-application review shall not be considered complete pursuant to the requirements of the Permit Streamlining Act unless and until the Director of Community Development has received an application for approval of a development project, reviewed it, and determined it to be complete under Section 14.09.030.050, Review of Applications.
D. 
Procedures. A prospective applicant may submit an optional preliminary review consisting of a preliminary project description, preliminary plans, and designs. The Director of Community Development shall conduct a preliminary review of the submittal and inform the applicant of applicable City requirements, provide a preliminary list of issues that will likely be of concern, and may suggest possible alternatives or modifications to the project. The Director of Community Development may consult with or request review by any City agency or official with interest in the application.
E. 
Recommendations Are Advisory. Neither the pre-application review nor the provision of information and/or pertinent policies shall be construed as either a recommendation for approval or denial of the application or project by City staff. Any recommendations that result from pre-application review are considered advisory only and shall not be binding on either the applicant or the City.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 2011, Amended, 2/10/2026)
§ 14.09.030.050 Review of Applications.
A. 
Initial Completeness Review. In compliance with the Permit Streamlining Act, the Director of Community Development shall determine whether an application is complete within 30 calendar days of the date the application is filed and the required fee is received. Legislative actions (i.e., City Council) are not subject to the 30-day time limit for determination that an application is complete.
B. 
Incomplete Application. If an application is deemed incomplete, the Director of Community Development shall provide written notification to the applicant listing the applications for permit(s), forms, information, and any additional fees that are necessary to complete the application.
1. 
Zoning Code Violations. A determination of application completeness may also include notification to an applicant of any conditions existing on the site that are in violation of this title or any permit or other approval granted in compliance with this title. The applicant may modify their application to remedy the violation, or the project may be conditioned as part of project approval to correct the code violation prior to commencing uses, activities and/or improvements.
2. 
Submittal of Additional Information. The applicant shall provide the additional information within 180 calendar days from the date the project is deemed to be incomplete. The Director of Community Development may grant one extension of up to 90 calendar days.
3. 
Expiration of Application. If an applicant fails to correct the specified deficiencies within the specific time limit, the application shall expire and be deemed withdrawn, unless an extension is granted by the Director of Community Development. After the expiration of an application, review shall require the submittal of a new, complete application, along with all required fees.
C. 
Complete Application. In accordance with the Permit Streamlining Act, when an application is deemed complete, the Director of Community Development shall make a record of that date and proceed with processing the application. If an application requires a public hearing, the Director of Community Development shall schedule it and notify the applicant of the date and time, pursuant to Section 14.09.030.070, Public Notice.
D. 
Referral of Application. At the discretion of the Director of Community Development, or where otherwise required by this title, state or federal law, applications filed in compliance with this title may be referred to any City department or public agency that may be affected by or have an interest in the proposed land use project.
E. 
Extensions. The Director of Community Development may, upon written request and for good cause, grant extensions of any time limit for review of applications imposed by this title.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.030.060 Environmental Review.
All projects shall be reviewed for compliance with the California Environmental Quality Act (CEQA). Environmental review will be conducted pursuant to Title 14, CEQA Guidelines, of the California Code of Regulations and Divisions 13, 13.5, and 34 of California's Public Resource Code. If Title 14 of the California Code of Regulations or Divisions 13, 13.5, and 34 of California's Public Resource Code is amended, such amendments will govern City procedures.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.030.070 Public Notice.
Unless otherwise specified, whenever the provisions of this title require public notice, the City shall provide notice in compliance with state law as follows:
A. 
Mailed Notice. At least 10 calendar days before the date of the public hearing, or 15 calendar days before the proposed date of action when no public hearing is required, the Director of Community Development shall provide notice by first class mail delivery to the following:
1. 
The applicant, the owner, and any occupant of the subject property;
2. 
All property owners of record within a minimum 600-foot radius of the subject property as shown on the latest available assessment roll or a larger radius if deemed necessary by the Director of Community Development in order to provide adequate public notification;
3. 
All neighborhood and community organizations that have previously filed a written request for notice of projects in the area where the site is located; and
4. 
Any person or group who has filed a written request for notice regarding the specific application.
5. 
Notification shall be provided within 400 feet of property lines for projects subject to discretionary review by the Director of Community Development. All other projects shall provide notification to property owners and existing tenants within 600 feet of property lines.
B. 
Alternative Method for Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than 1,000, and for legislative decisions such as a code amendment, instead of a mailed notice, the Director of Community Development (or City Clerk for City Council hearings) may provide notice by placing a display advertisement of at least one-eighth of a page in at least one newspaper of general circulation in the City, at least 10 calendar days prior to the hearing.
1. 
Posted Notice. For any hearing involving a specific property/site, the Director of Community Development shall require notice be posted in a format approved by the Director of Community Development, in a prominent place on or near the subject property site; and/or a public place such as City Hall or the public library at least 10 calendar days prior to the hearing.
2. 
Newspaper Notice. At least 10 calendar days before the date of either Planning Commission or City Council public hearings or the proposed date of action when no public hearing is required, the Director of Community Development shall publish a notice in at least one newspaper of general circulation in the City.
3. 
Contents of Notice. The notice shall include the following information:
a. 
The location of the real property, if any, that is the subject of the application;
b. 
A general description of the proposed project or action;
c. 
The date, time, location, and purpose of the public hearing or the proposed date of action when no public hearing is required;
d. 
The identity of the hearing body or officer;
e. 
The names of the applicant and the property owner that is the subject of the application;
f. 
The location and times at which the complete application and project file, including any environmental assessment prepared in connection with the application, may be viewed by the public;
g. 
A statement that any interested person or authorized agent may appear and be heard;
h. 
A statement describing how to submit written comments and the deadline for submittal of written comments; and
i. 
For City Council hearings, the Planning Commission recommendation.
C. 
Failure to Notify Individual Properties. The validity of the proceedings shall not be affected by the failure of any property owner, resident, or community organization to receive a mailed notice.
D. 
Optional Public Notice. The Director of Community Development may permit additional noticing of public hearings on social media platforms available on the internet to augment traditional forms of public noticing and consistent with any adopted City Council policies for additional public noticing. Suitable projects that may be considered for optional public noticing include those that may result in major policy changes, affect large neighborhoods or districts, or that may have strong public interest.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023)
§ 14.09.030.080 Findings and Decision.
When the decision maker makes a decision to approve, approve with conditions, modify, revoke, or deny any discretionary permit under this title, the decision maker shall issue a notice of action and make findings of fact as required by this title.
A. 
Date of Action. The decision maker shall decide to approve, modify, revoke, or deny any discretionary permit following the close of the public hearing, or if no public hearing is required, within the time period set forth below. These deadlines do not apply to any action that has been appealed to the City Council in accordance with Section 14.09.030.120, Appeals. Time extensions may be granted pursuant to Section 14.09.030.100, Expiration and Extension.
1. 
Project Exempt From Environmental Review. Within 30 calendar days of the date the City has determined an application to be complete, a determination must be made whether the project is exempt from environmental review per state CEQA requirements.
2. 
Project for Which a Negative Declaration or Mitigated Negative Declaration Is Prepared. Within 60 calendar days of the date a negative declaration or mitigated negative declaration has been completed and adopted for project approval, the City shall take action on the accompanying discretionary project.
3. 
Project for Which an EIR Is Prepared. Within 180 calendar days from the date the decision maker certifies a final EIR, the City shall take action on the accompanying discretionary project.
B. 
Notice of Action. After the Director of Community Development or Planning Commission takes any action to approve, modify, or deny an application that is subject to appeal under the terms of this title, the Director of Community Development shall issue a notice of action. The notice shall describe the action taken, including any applicable conditions, and shall list the findings that were the basis for the decisions. The Director of Community Development shall file the notice with the City Clerk and mail the notice to the applicant and to any other person or entity that has filed a written request for such notification with the Planning Division.
C. 
Findings. Findings, when required by state law or this title, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action on the permit.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.030.090 Conditions of Approval.
A. 
Scope. The scope of approvals includes only those uses and activities proposed in the application, excluding other uses and activities. Unless otherwise specified, the approval of a new use shall terminate all rights and approvals for previous uses no longer occupying the same site or location.
B. 
Conditions. The application exhibits, including site plan, floor plans, building elevations, and/or any additional information or representation, whether oral or written, indicating the proposed use and manner of operation submitted with an application or submitted during the approval process and any conditions specified and adopted by the decision maker shall be deemed conditions of approval. Any approval may be subject to any conditions specified by the City and adopted with the project approval requirements that the applicant guarantees, warranties, or ensures compliance with submitted plans and conditions in all respects.
C. 
Actions Voiding Approval. If the construction of a building or structure or the use established is contrary to the description or illustration in the application, so as to either violate any provision of this title or require additional permits, then the approval shall be deemed in violation of this title and subject to enforcement action as provided by Chapter 14.01.040 of this code, Enforcement. If the construction or use does not substantially comply with the approval the construction or use may be subject to enforcement and the Director of Community Development has the discretion to initiate enforcement action to correct any such violations.
D. 
Periodic Review. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring, or assessments, it shall be the responsibility of the permit holder, the property owner, or successor property owners to comply with such conditions.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.030.100 Expiration and Extension.
A. 
Effective Dates. A final decision on an application for any approval subject to appeal shall become effective after the expiration of the 10-day appeal period following the date of action unless an appeal is filed.
B. 
Expiration. Permits and project approvals shall lapse and become void two years after the approval date unless a greater time period is granted by the decision maker, or unless any of the following occurs:
1. 
A building permit is issued for the approved project and is active;
2. 
If no building permit is required, and the use is initiated in accordance with the applicable conditions of approval;
3. 
A complete application for a time extension has been filed and related fees have been paid. The original approval shall then be extended until a determination is made to approve, conditionally approve, or deny the time extension application; or
4. 
The two-year expiration date is pre-empted by a superior law that provides for a different expiration time period.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.030.110 Modifications to an Approved Project and/or Permit.
If an applicant would like to modify an approved permit for a use, structure or other approval for which a land use or building permit has been approved (including after project completion), the Director of Community Development shall determine the level of permit modification that shall be required based on the following criteria for either substantial compliance, minor revisions, or major revisions, as follows. A permit modification may also require design review approval.
A. 
Modification Application.
1. 
Substantial Compliance. A determination of the Director of Community Development that a use or activity and/or structure is being used, is proposed to be modified, or has been partially or completely constructed, in accordance with approved entitlements, plans and/or permits.
2. 
Minor Revisions. Minor revisions to approved plans and permits must meet the following criteria:
a. 
Consistent with the original findings and conditions of approval, including site and building design;
b. 
Does not substantially expand the approved floor area or height of a building;
c. 
Would not intensify the use; and
d. 
Would not result in any new or intensified effects, unless waived by the City.
3. 
Major Revisions. Major revisions to approved plans and permits shall be decided on by the same level of decision maker as the original approval, and must meet the following criteria:
a. 
Proposal to change or eliminate conditions of approval, and/or would not be consistent with the original findings of approval;
b. 
Proposal to revise an approved site plan or building plan that would affect a condition of approval;
c. 
The proposal would substantially expand the approved floor area or height of a building in a way that would conflict with any applicable criteria identified in this section; and
d. 
Proposed revision that would result in a new or intensified potential impact of the project. If potential impacts would affect approved mitigation measures, then the project shall be reviewed and processed in conformance with the California Environmental Quality Act provisions for revocation of permits or approvals.
4. 
Required Findings. The decision maker, when approving a modification, shall adopt the following findings of fact:
a. 
That the proposed change is of a nature that does not require the complete redesign and resubmittal of the original project;
b. 
That the proposed change is consistent with the original project;
c. 
That the proposed change does not result in lack of compliance with the development standards approved with the original project;
d. 
That the proposed change is consistent with the findings for a design review approval;
e. 
That the proposed change is consistent with the goals, objectives, and policies of the General Plan, the Zoning Ordinance, and the Development Code.
B. 
Revocation. Any permit or entitlement granted under this title may be revoked or revised for cause if any of the conditions or terms of the permit or entitlement are violated, or if any law or ordinance is violated.
1. 
Initiation of Proceeding. Revocation proceedings may be initiated by the City Council, Planning Commission, or Director of Community Development.
2. 
Public Notice, Hearings, and Action. After conducting a duly noticed public hearing, the Planning Commission shall act on the proposed revocation, pursuant to this chapter, Common Procedures.
3. 
Required Findings. The decision maker may revoke or modify the permit if it makes any of the following findings:
a. 
Failure to comply with the original approval or with one or more of the project conditions as originally approved; or the construction or development of the subject property is not in conformance with the project as approved;
b. 
Upon a determination that the permit or entitlement was obtained or extended upon fraud or misrepresentation;
c. 
Upon a determination that the project violates a provision of the Municipal Code or is not operating in conformance with the performance standards;
d. 
The use, building, or structure has been expanded beyond what is set forth in the approval changed in character;
e. 
The use in question has ceased to exist or has been suspended for one year or more;
f. 
There is or has been a violation of or failure to observe the terms or conditions of approval, or the use has been conducted in violation of the provisions of this title, or any applicable local or state law or regulation; or
g. 
The use has been conducted in a manner detrimental to the public safety, health, and welfare, and/or is a nuisance.
4. 
Notice of Action. Following Planning Commission action to revoke or modify a permit, the Director of Community Development shall issue a notice of action within seven calendar days of the date of action. The notice of action shall describe the Commission's action with its findings. The Director of Community Development shall mail notice to the permit holder and to any person or entity who requested the revocation proceeding.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023)
§ 14.09.030.120 Appeals.
A. 
Applicability. Any action by the Planning Commission or Director of Community Development in the administration or enforcement of the provisions of the Zoning Ordinance may be appealed in accordance with this section. Failure to exhaust all administrative remedies as specified in this section may jeopardize an appellant's opportunities to seek any subsequent remedy.
1. 
Decisions of the Director of Community Development. The Planning Commission is the appeal body for decisions of the Director of Community Development.
2. 
Decisions of the Planning Commission. The City Council is the appeal body for decisions of the Planning Commission.
B. 
Who May File an Appeal. Any interested party may appeal a final action of the Director of Community Development or Planning Commission during the appeal period set forth in this code.
C. 
Call for Review. In lieu of filing an appeal, members of the City Council and the Planning Commission, the City Manager, and the Director of Community Development may call an action for review prior to expiration of the appeal period, as detailed below. A call for review is not subject to the appeal filing requirements or payment of a filing fee. The call for review otherwise will be processed as an appeal.
1. 
Any member of the Planning Commission may call for review any action of the Director of Community Development. The application will be heard by the Planning Commission.
2. 
Any member of the City Council may call for review an action of the Director of Community Development or the Planning Commission. The application will be heard by the City Council, unless the City Councilor requests that an action of the Director of Community Development be heard by the Planning Commission.
3. 
The City Manager or Director of Community Development may call for review an action of the Planning Commission. The application will be heard by the City Council.
D. 
Time Limits. Unless otherwise specified in state or federal law, all appeals shall be filed in writing within 10 calendar days of the date which the action was taken, except for minor use permits, which have a five-calendar-day appeal period. In the event an appeal period ends on a Saturday, Sunday, or any other day the City is closed, the appeal period shall end at the close of business on the next consecutive business day.
E. 
Procedures for Filing an Appeal. The appellant shall file the appeal on a form specified by the Director of Community Development. The appeal shall include the following:
1. 
An appeal fee as specified by Council resolution;
2. 
Reference to the action that is being appealed;
3. 
A written description of the specific grounds for the appeal, including why the appellant contends the action is not in accordance with this code, where there was an error or abuse of discretion, where the record includes inaccurate information, or how a decision is not supported by evidence in the record;
4. 
A description of how the appellant requests the action be reversed or modified; and
5. 
An appeal is void upon failure to adequately provide any of the requirements above, subject to the determination of the Director of Community Development.
F. 
Appeal Hearing and Standards of Review.
1. 
The hearing on the appeal shall be a new hearing. Any party may appear and provide additional testimony or evidence.
2. 
The hearing shall be held according to review body's hearing process.
3. 
When reviewing any decision on appeal, the appeal body shall use the same standards for decision making required for the original decision. The appeal body may adopt the same decision and findings as were originally approved; it also may request or require changes to the application as a condition of approval.
G. 
Decision on Appeal. The appeal body may affirm, modify, or reverse the prior action. The appeal body shall base its decision on the applicable standards and criteria. The appeal body shall adopt findings supporting its decision based on the criteria.
H. 
Effect of Approval While an Appeal Is Pending.
1. 
Approvals shall be suspended if an appeal is filed in accordance with the provisions of this section pending resolution of the appeal.
2. 
Prior to expiration of the appeal period, and prior to an appeal being filed under this section, the applicant may be issued building permits or construction permits and commence work or operation and provided the following occur:
a. 
The Director of Community Development determines there were no written comments or oral testimony during the public comment period or hearing that would indicate substantive opposition to the decision rendered;
b. 
The applicant submits a written waiver of right to appeal the decision and acknowledgement that any work done is at the applicant's risk, as indicated in Section 14.09.030.130, Duty to Indemnify and Defend City;
c. 
If an approval is modified by a subsequent appeal, the project shall be redesigned or altered to be consistent with the required change; and
d. 
If approval is overturned by a subsequent appeal, all permits issued become void and the applicant shall be responsible for removing any structure, portion of a structure, or improvements constructed to date.
I. 
Scheduling the Appeal. An appeal shall be scheduled for public hearing on the next available Planning Commission agenda, as determined by the Director of Community Development, or, if applicable, on the next available City Council agenda, as determined by the City Clerk.
J. 
Notice. The Director of Community Development or the City Clerk shall provide notice of the public hearing in accordance with the provisions of Section 14.09.030.070, Public Notice. Notice shall be given to the same persons and agencies as when the action was originally taken on the project, to the appellant, and to any persons submitting written comments prior to the original action.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.030.130 Duty to Indemnify and Defend City.
Except as otherwise provided by law (e.g., Government Code Section 66474.9), any applicant who receives a permit, entitlement, or approval pursuant to the Zoning Ordinance shall defend, indemnify, and hold harmless the City and its agents, officers, officials, and employees from any claim, action, challenge, or proceeding (collectively "actions") brought against the City and its agents, officers, officials, and employees which arises from or is related to the permit, entitlement, or approval issued by the City, including but not limited to actions:
A. 
Brought by a third party to attack, overturn, set aside, void, or annul such permit, entitlement, or approval; or
B. 
Brought by a third party in connection with, or arising out of applicant's ownership, occupancy, use or development of the property, or any portion thereof, for which the permit, entitlement, or approval was issued, including, but not limited to, the installation or construction of improvements thereon. City shall promptly notify applicant of any action and shall fully cooperate in the defense of any action.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.040.010 Establishment of Zoning and Overlay Districts.
A. 
This title establishes the zoning and overlay districts applied to property within the City and adopts the City's official zoning map. The City is divided into different zoning and overlay districts.
B. 
An overlay district is established to address special or unique needs or characteristics of certain areas in the City, or to limit or expand uses or development standards in the underlying zoning districts due to the special characteristics of the site.
C. 
This Zoning Ordinance establishes the following zoning and overlay districts provided in Table 14.09.040.A, Zoning and Overlay Districts. The land uses, regulations and standards that apply to each zoning and overlay district are provided within each zoning district and overlay chapter of this title.
TABLE 14.09.040.A: ZONING AND OVERLAY DISTRICTS
Zone Symbol
Zoning Districts
Agricultural Districts
AG
Agriculture
AH
Agriculture Hillsides
Residential Districts
RR
Residential Rural
RE
Residential Estate
RL
Residential Low
RLM
Residential Low Medium
RM
Residential Medium
RMH
Residential Medium High
RH
Residential High
MHP
Manufactured Housing Park
Commercial Districts
CN
Neighborhood Commercial
CG
General Commercial
CO
Office Commercial
CH
Highway Commercial
MX
Mixed Use
DC
Downtown Commercial Specific Plan
DR
Downtown Residential Specific Plan
Employment Zoning Districts
IS
Commercial/Industrial Service
IP
Industrial Park
BP
Business Park
Public and Semi-Public Districts
PF
Public Facilities
PR
Park and Recreation
OS
Open Space
Overlay Districts
AB
Agricultural Buffer Overlay
AE
Airport Environs Overlay
H
Hillside Overlay
HP
Historic Preservation Overlay
LLV
Lower Lagoon Valley Overlay
RMM
Rice McMurtry Overlay
RSS
Residential Social Services Overlay
VS
Vine Street Overlay
PD
Planned Development Overlay
SP
Specific Plan Overlay
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.040.020 Zoning/General Plan Consistency.
The Zoning districts implement the City's General Plan land use designations by providing specific areas for each category of land use. This section indicates zoning districts intended to be consistent with each land use designation shown on the General Plan land use diagram. Table 14.09.040.B, Zoning and General Plan Consistency, in this section is to be used in determining whether a proposed zoning map amendment is consistent with the General Plan.
TABLE 14.09.040.B: ZONING AND GENERAL PLAN CONSISTENCY
General Plan Land Use Designation
Zoning Districts
Agricultural Districts
Agricultural Buffer
Agriculture
Agriculture
Agriculture
Hillside Agriculture
Agriculture Hillsides
Residential Districts
Rural Residential
Residential Rural
Residential Estate
Residential Estate
Residential Low Density
Residential Low
Residential Low Medium Density
Residential Low Medium
Residential Medium Density
Residential Medium
Residential Medium High Density
Residential Medium High
Residential High Density
Residential High
Residential Manufactured Housing Park
Manufactured Housing Park
Commercial Districts
Neighborhood Commercial
Neighborhood Commercial
General Commercial
General Commercial
Commercial Office
Office Commercial
Commercial Highway
Highway Commercial
Mixed Use
Mixed Use
See § 14.09.070.010, Purpose and Applicability
Downtown Specific Plan
Employment Zoning Districts
Commercial Service/Industrial Park
Commercial/Industrial Service
Industrial Park
Industrial Park
Business Park
Business Park
Public and Semi-Public Districts
Public/Institutional/School
Public Facilities
Public Park
Private Recreation
Park and Recreation
Public Open Space
Open Space
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 2011, Amended, 2/10/2026)
§ 14.09.040.030 Official Zoning Map.
The zoning and overlay districts listed in Table 14.09.040.A, Zoning and Overlay Districts, are mapped on the City's official zoning map.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.040.040 District Boundaries.
Unless otherwise clearly indicated on the zoning map, zoning district boundaries shall coincide with property lines, lines of blocks, or boundaries of publicly owned lands. The following regulations shall apply for determining the boundaries of any district on the zoning map:
A. 
Where boundaries are indicated as approximately following street or alley lines or other identifiable property, lot, or other discernible boundary lines, such lines shall be construed to be in the district boundary;
B. 
Where boundaries are indicated as within a street or alley, the center line of the street or alley shall be construed to be the district boundary. Public streets shall be included within zoning district boundaries;
C. 
A symbol indicating the designation of property on the zoning map or the existence of an overlay district shall apply to the whole of the area, or may apply to part of an area for an overlay, within the zoning district boundary; and
D. 
Where a boundary line is not indicated as following a street or alley or to coincide approximately with a property, lot, or other discernible boundary, the boundary line shall be determined by use of the scale designated on the zoning map.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.050.010 Purpose and Applicability.
The purpose of the agriculture zoning districts is to:
A. 
Preserve lands for agricultural use; and
B. 
Protect prime agricultural lands from the encroachment of incompatible uses and urban development which would make long-term agricultural uses uneconomical or infeasible. Additional purposes of each agriculture zoning district:
1. 
Agriculture (AG). The AG district is intended to provide for agricultural uses such as raising crops or livestock, commercial and industrial services related to agriculture, single-unit residential development, and other compatible uses. This district also provides for interim uses on lands which, due to location or lack of prime agricultural resources, may be appropriate for urban development pending proper timing for the provision of utilities, major streets, and other facilities to support compact, orderly development. The AG District implements the Agriculture General Plan Land Use Designation; and
2. 
Agricultural Hillside (AH). The AH district is intended to provide for low intensity agricultural use of hillside areas where development is limited due to topography and other factors. Development standards are intended to ensure that development occurs in a manner that minimizes the risk from hazards and impacts on the sensitive natural environment of hillside areas. This district provides for residential density up to one unit per 20 acres and implements the Hillside Agriculture General Plan Land Use Designation.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1981, Amended, 12/13/2022)
§ 14.09.050.020 Land Use Regulations.
Table 14.09.050.A, Land Use Regulations – Agricultural Zoning Districts, establishes the land use regulations for the agricultural zoning districts. Land uses are defined in Chapter 14.02.060 of this code, Use Classifications. In cases where a specific land use or activity is not defined, the Director of Community Development shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the table and not substantially like the uses below are prohibited. Within the Northeast Growth Area, the supplemental regulations identified in Section 14.09.050.040 are applicable. Section numbers in the right-hand column refer to other sections of this title.
TABLE 14.09.050.A, LAND USE REGULATIONS – AGRICULTURAL ZONING DISTRICTS
"P" = Permitted Use; "M" = Minor Use Permit required; "C" = Conditional Use Permit required; "–" = Use Not Allowed
Land Use Classification
AG
AH
Additional Regulations
Residential Uses
Residential Housing Types
See subclassifications below
Single-Unit Dwelling, Detached
P
P
Employee Housing, Small
P
P
See Section 14.09.270.210, Agricultural Employee Housing
Small Residential Care Facilities
Small residential care facilities and transitional and supportive housing constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same district.
Supportive Housing
Transitional Housing
Public/Semi-Public Uses
Cemeteries and Columbariums
–
C
Limited to family burial plots. Shall be processed concurrently with an appropriate subdivision request. See Section 14.09.050.040.C, Family Burial Plots, AH District.
Park and Recreation Facilities
C
C
Commercial Uses
Animal Care and Boarding
See subclassifications below
Animal Shelter and Boarding
C
–
Veterinary Services
C
–
Commercial Entertainment and Recreation
See subclassifications below
Outdoor Sports and Recreation
C
C
Limited to equestrian facilities
Industrial Uses
Food and Beverage Manufacturing
See subclassifications below
Small-Scale
C
C
Transportation, Communication, and Utility Uses
Communication Facilities
See subclassification below
Telecommunication
See Section 14.09.270.170, Telecommunication Facilities
Public Works and Utilities
C
C
Agricultural Uses
Agriculture
See subclassifications below
Animal Production
P
P
Crop and Horticulture Production
P
P
Employee Housing, Large
P
P
See Section 14.09.270.210, Agricultural Employee Housing
Other Uses
Accessory Uses and Structures
See Section 14.09.270.030, Accessory Uses; and Section 14.09.200.020, Accessory Buildings and Structures
Accessory Dwelling Unit
See Section 14.09.270.040, Accessory Dwelling Units
Animal Keeping
See Section 14.09.270.070, Animal Keeping
Family Day Care
See Section 14.02.060.010, Residential Uses
Home Occupations
See Section 14.09.270.120, Home Occupations
Nonconforming Uses
See Chapter 14.09.220, Nonconforming Uses, Sites, and Structures
Temporary Uses
See Section 14.09.270.180, Temporary Uses
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1981, Amended, 12/13/2022; Ord. 1996, Amended, 07/23/2024)
§ 14.09.050.030 Development Regulations.
A. 
Table 14.09.050.B, Development Regulations – Agriculture Zoning Districts, prescribes the development regulations for the agriculture zoning districts. Letters in parentheses refer to additional development standards that directly follow the table. Section numbers in the "Additional Regulations" column refer to other sections of this code.
TABLE 14.09.050.B, DEVELOPMENT REGULATIONS – AGRICULTURE ZONING DISTRICTS
Standard
AG
AH
Additional Regulations
Maximum Density (units/acre)
0.05
0.05
See Section 14.02.030.040, Calculating Density
Minimum Lot Area (acres)
20 (A)
20 (A)
Maximum Lot Coverage
(% of lot area)
2
2
See Section 14.02.030.100, Determining Lot Coverage
Maximum Building Height (feet)
30, up to 45 for barns to accommodate agricultural operations
30, up to 45 for barns to accommodate agricultural operations
See Section 14.09.200.060, Heights and Height Exceptions
Minimum Setbacks (feet)
All Property Lines
30
30, 50 if the alternative policy in reference to hillside development is implemented
See Section 14.09.200.030, Encroachments Into Required Setbacks
B. 
Additional Development Regulations.
1. 
Minimum Lot Area. Lots in the AG and AH districts shall be a minimum of 20 acres except as provided below:
a. 
A parcel of not less than one acre may be created for public utility structures and facilities and habitat conservation areas; and
b. 
A parcel of less than 20 acres may be created if it is the remainder resulting from a subdivision of land in a residential district, the parcel is subject to a conservation easement to the City or other equivalent limitation of development rights, and the decision maker finds that a viable plan and mechanism exists to provide for the permanent management of the site.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1981, Amended, 12/13/2022)
§ 14.09.050.040 Supplemental Regulations.
A. 
Grazing. Grazing is allowed on pastureland or hillside grasslands in the AG and AH districts, subject to the following standards:
1. 
A minimum of two acres shall be available for grazing;
2. 
Seasonal supplemental feeding is allowed;
3. 
Grazing shall not include the confining of livestock in enclosures such as feedlots or corrals where feed is provided on a regular basis. The temporary confinement of livestock grazing on a site in a corral area is permitted as a normal part of grazing use, provided:
a. 
The confinement shall not exceed 21 calendar days;
b. 
The confinement shall be for a valid agricultural purpose, including, but not limited to, shipping, calving, or medical treatment;
c. 
The corral shall be located at least 300 feet from the nearest dwelling unit;
4. 
Weed abatement requirements shall be met.
B. 
Density Transfer, AH District. Permitted density may be transferred from a site in the AH district which does not contain a dwelling unit to a site in a residential district, pursuant to conditional use permit approval in accordance with the provisions of Chapter 14.09.300, Use Permits, and the following standards:
1. 
Transfer of Density. Table 14.09.050.C, Transfer of Density, establishes the amount of density that may be transferred per area of the transfer;
TABLE 14.09.050.C, TRANSFER OF DENSITY
Area of Transfer
Transferable Dwelling Units
Less than 5 acres
0 units
5 to 9.99 acres
1 unit
10 to 14.99 acres
2 units
15 to 19.99 acres
3 units
20 to 24.99 acres
4 units
Each additional 5 acres above 24.99 acres
1 unit
Remaining area of less than 5 acres
0 units
2. 
Conservation Easement Required. Prior to the issuance of a building permit for residential construction utilizing a density transfer, a conservation easement or other equivalent limitation of development rights specifying the density transfer shall be dedicated to the City for the site from which the density was transferred. As an alternative, the fee title to the site from which the density was transferred may be dedicated to the City subject to the agreement of the property owner and the City; and
3. 
Site Management. In conjunction with the approval of a density transfer involving the continued private ownership of a site from which the density has been transferred, the Planning Commission shall find that a viable plan and mechanism exists to provide for the permanent management of the site from which the density was transferred in a condition that addresses weed abatement and practically minimizes the danger of fire, erosion, and geologic hazards.
C. 
Family Burial Plots, AH District. The following standards apply to family burial plots in addition to all applicable requirements of the state of California and Solano County.
1. 
Limitation on Use. Family burial plots are to be used solely for the interment of the remains of the property owners and their immediate family members. For the purpose of this provision, "immediate family" is defined to include the following relatives: spouse, grandfathers, grandmothers, grandsons, granddaughters, fathers, mothers, stepfathers, stepmothers, sons, daughters, stepsons, stepdaughters, brothers, sisters, uncles, aunts, nieces, nephews, first cousins, fathers-in-law, mothers-in-law, brothers-in-law, sisters-in-law, daughters-in-law, or sons-in-law, and the spouse of anyone who is an immediate family member.
2. 
Concurrent Processing. An application for a tentative parcel map, tentative subdivision map, or lot line adjustment shall be processed concurrently with the conditional use permit for a family burial plot.
3. 
Application Requirements. Each application for a family burial plot shall include verification that the proposed plot conforms to all applicable requirements of the state of California and Solano County.
D. 
Properties Within Northeast Growth Area. New development of sites located within the Northeast Growth Area shall comply with the Northeast Growth Area overlay district regulations identified in Chapter 14.09.191 of this code.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1981, Amended, 12/13/2022)
§ 14.09.060.010 Purpose and Applicability.
The purpose of residential zoning districts and development standards is to:
A. 
Provide for a full range of housing types to meet the diverse economic and social needs of residents;
B. 
Preserve, protect, and enhance the character of the City's neighborhoods;
C. 
Enhance the quality of life of residents;
D. 
Ensure that the scale and design of new development and alterations to existing development are compatible with surrounding uses and appropriate to the physical and aesthetic characteristics of the proposed location; and
E. 
Provide sites for public and semi-public uses such as parks, schools, day care, and other community uses that serve residents and complement surrounding residential development.
Additional purposes of each residential zoning district:
F. 
Residential Rural (RR). The RR district is intended to provide for rural residential development on large lots and other compatible uses in a semi-rural setting, in areas that may lack domestic water and sanitary sewer services. This district provides for residential density between 0.1 and 0.4 dwelling units per acre. The RR district implements the Rural Residential General Plan Land Use Designation.
G. 
Residential Estate (RE). The RE district is intended to provide for residential development on large lots and other compatible uses in a semi-rural atmosphere and setting, subject to the extension of domestic water and sanitary sewer services by the property owner. This district provides for residential density between 0.5 and 3.0 dwelling units per acre. The RE district implements the Residential Estate General Plan Land Use Designation.
H. 
Residential Low (RL). The RL district is intended to provide for residential development and other compatible uses in a low-density residential neighborhood setting with a variety of lot sizes and architectural styles. This district provides for residential density between 3.1 to 5.0 dwelling units per acre. The RL district implements the Residential Low-Density General Plan Land Use Designation.
I. 
Residential Low Medium (RLM). The RLM District is intended to provide for a variety of housing types at densities in the range of 5.1 to 8.0 dwelling units per acre. This district also provides for public uses, quasi-public uses, and similar and compatible uses that may be appropriate in a low medium density residential environment. The RLM district implements the Residential Low Medium Density General Plan Land Use Designation.
J. 
Residential Medium (RM). The RM district is intended to provide for a variety of housing types at densities between 8.1 to 14.0 dwelling units per acre, including duplexes, townhouses, apartments, detached single-unit residential development on small lots, and other compatible uses appropriate in a medium density residential environment. The RM district implements the Residential Medium Density General Plan Land Use Designation.
K. 
Residential Medium High (RMH). The RMH district is intended to provide for a variety of housing types at densities in the range of 14.1 to 20.0 dwelling units per acre. Types of dwelling units include attached and detached single-unit dwellings, townhomes, condominiums, two-unit dwellings, multi-unit developments, and apartments. This district also provides for public uses, quasi-public uses, and similar and compatible uses that may be appropriate in a medium high-density residential environment. The RMH district implements the Residential Medium High-Density General Plan Land Use Designation.
L. 
Residential High (RH). The RH district is intended to provide for a variety of high-density residential development, including townhouses, condominiums, apartments, and other compatible uses. This district provides for residential density between 20.1 to 30.0 dwelling units per acre. The RH district implements the Residential High Density General Plan Land Use Designation.
M. 
Residential High Limited (RHL). The RHL district is intended to provide for a variety of high-density residential development, including townhouses, condominiums, apartments, and other compatible uses. This district provides for residential density between 20.1 to 24.0 dwelling units per acre. This zoning district applies to residential high-density projects located within Nut Tree Airport Compatibility Areas D, Extended Approach/Departure Area, and E, Adjacent to Runway or Final Approach, and is subject to Chapter 14.09.110 of this code, Airport Environs (AE) Overlay District. The RHL district implements the Residential High Density Limited General Plan Land Use Designation.
N. 
Manufactured Housing Park (MHP). The MHP district is intended to provide areas for manufactured housing parks, whether lots are rented or leased, or where lots are individually owned. This district provides for a residential density between 6.0 to 10.0 dwelling units per acre. The MHP district implements the Residential Manufactured Home Park General Plan Land Use Designation.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1981, Amended, 12/13/2022; Ord. 1984, Amended, 07/25/2023)
§ 14.09.060.020 Land Use Regulations.
Table 14.09.060.A, Land Use Regulations – Residential Zoning Districts, establishes the land use regulations for the residential zoning districts. Land uses are defined in Chapter 14.02.060 of this code, Use Classifications. In cases where a specific land use or activity is not defined, the Director of Community Development shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the table and not substantially like the uses below are prohibited. Within the Northeast Growth Area, the supplemental regulations identified in Section 14.09.060.040 are applicable. Section numbers in the right-hand column refer to other sections of this title.
TABLE 14.09.060.A, LAND USE REGULATIONS – RESIDENTIAL ZONING DISTRICTS
"P" = Permitted Use; "M" = Minor Use Permit required; "C" = Conditional Use Permit required; "–" = Use Not Allowed
Land Use Classification
RR
RE
RL
RLM
RM
RMH
RH
RHL
MHP
Additional Regulations
Residential Uses
Residential Housing Types
See subclassifications below
Single-Unit Dwelling, Detached
P
P
P
P
C
C
–
–
P
Single-Unit Dwelling, Attached
P
P
P
P
C
C
C
C
P
Duplex
P1
P1
P1
P1
P
P
P
P
P1
Multi-Unit Dwelling
–
–
P2
P
P
P
P
P
–
Single Room Occupancy
–
–
–
–
–
P
P
P
–
See Section 14.09.270.220, Single Room Occupancy Units
Group Residential
–
–
–
–
P
P
P
P
–
Manufactured Home Park
–
–
C
C
C
C
C
C
P
Residential Facility, Assisted Living
–
–
M
M
M
M
M
M
–
Small Residential Care Facilities
Small and large residential care facilities and transitional housing constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same district.
Large Residential Care Facilities
Transitional Housing
Supportive Housing
P
P
P
P
P
P
P
P
P
Supportive housing is permitted provided it is consistent with California Government Code Sections 65650 – 65656
Employee Housing, Small
P
P
P
P
C
C
C
C
P
See Section 14.09.270.210, Agricultural Employee Housing
Public/Semi-Public Uses
Community Assembly, less than 5,000 square feet in floor area
–
–
P
P
P
P
P
P
Community Assembly, 5,000 square feet or more in floor area
–
–
M
M
M
M
M
M
Cultural Institutions, less than 5,000 square feet in floor area
–
M
M
M
M
M
M
–
Cultural Institutions, 5,000 square feet or more in floor area
–
–
C
C
C
C
C
–
Day Care Centers
–
–
M
M
M
M
M
–
Hospitals and Clinics
See subclassification below
Skilled Nursing Facility
–
–
C
C
C
M
M
–
Park and Recreation Facilities
M
M
P
P
P
P
P
M
Public Safety Facilities
C
C
C
C
C
C
C
C
Schools
C
C
C
C
C
C
C
C
Commercial Uses
Farmer's Markets
–
–
M
M
M
M
M
M
See Section 14.09.270.100, Farmer's Market
Transportation, Communication, and Utility Uses
Communication Facilities
See subclassification below
Telecommunication
See Section 14.09.270.170, Telecommunication Facilities
Agricultural Uses
Urban Agriculture
See subclassifications below
Community Garden
P
P
P
P
P
P
P
P
See Section 14.09.270.190, Urban Agriculture
Market Garden, less than one acre
P
P
P
P
P
P
P
P
See Section 14.09.270.190, Urban Agriculture
Market Garden, one acre or more
M
M
M
M
M
M
M
M
See Section 14.09.270.190, Urban Agriculture
Employee Housing, Large
P
P
P
P
P
P
P
P
See Section 14.09.270.210, Agricultural Employee Housing
Other Uses
Accessory Uses and Structures
See Section 14.09.270.030, Accessory Uses; and Section 14.09.200.020, Accessory Buildings and Structures
Accessory Dwelling Units
See Section 14.09.270.040, Accessory Dwelling Units
Animal Keeping
See Section 14.09.270.070, Animal Keeping
Family Day Care
See Section 14.02.060.010, Residential Uses
Home Occupations
See Section 14.09.270.120, Home Occupations
Nonconforming Uses
See Chapter 14.09.220, Nonconforming Uses, Sites, and Structures
Temporary Uses
See Section 14.09.270.180, Temporary Uses
Notes:
1. Refer to California Government Code Section 65852.21 for additional procedures and requirements and Chapter 14.09.280 of this code, Zoning Clearance.
2. Only multi-unit residential buildings that are required pursuant to Section 14.09.060.040.E are permitted. The overall maximum density shall not be exceeded.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1981, Amended, 12/13/2022; Ord. 1984, Amended, 07/25/2023; Ord. 1996, Amended, 07/23/2024)
§ 14.09.060.030 Development Regulations.
Table 14.09.060.B, Development Regulations – Residential Zoning Districts, prescribes the development regulations for the residential zoning districts. Letters in parentheses refer to additional development standards that directly follow the table. Section numbers in the "Additional Regulations" column refer to other sections of this title.
TABLE 14.09.060.B, DEVELOPMENT REGULATIONS – RESIDENTIAL ZONING DISTRICTS
Standard
RR
RE
RL
RLM
RM
RMH
RH
RHL
MHP
Additional Regulations
Density Standards
Minimum Density (units per acre)
0.1
0.5
3.1
5.1
8.1
14.1
20.1
20.1
6.0
See Section 14.02.030.040, Calculating Density
Maximum Density (units per acre)
0.4
3.0
5.0
8.0
14.0
20.0
30.0
24.0
10.0
Density standards are applicable to the entirety of the project site prior to being subdivided. Individual lots in the subdivision or parcel map may be above or below the density range and individual lots may be further divided or subdivided, provided the entire original project site remains within the allowed density range.
Lot Standards
Minimum Lot Area (sq ft, unless noted)
(A)
(A)
(A)
3,600
40,000
40,000
40,000
40,000
10 acres
In the RLM, RM, RMHD, and RH districts, smaller lots may be allowed.
Minimum Lot Width (ft)
(A)
(A)
(A)
40
200
200
200
200
400
Corner Lot (ft)
(A)
(A)
(A)
45
200
200
200
200
400
Minimum Lot Depth (ft)
(A)
(A)
(A)
60
200
200
200
200
400
Height Standards
Maximum Building Height (ft)
35
35(B)
35(B)
40
45
45
45
45
30
Setback Standards (setbacks are measured from lot line or back of sidewalk, whichever results in a greater setback, unless otherwise noted)
Minimum Front Setback (ft)
Building
50
25
15
15
15
15
15
15
20
Porch, Balcony, Deck
45
20
10
10
10
10
10
10
10
Attached Garage, Front Loaded
50
25
20
20
18
18
18
18
20
Attached Garage, Side Loaded
50
20
15
15
15
15
15
15
20
Garage, Recessed
55
30
20
20
20
20
20
20
25
Minimum Corner Side Setback (ft)
Building
30(C)
15(C)
15(C)
10(C)
10(C)
10(C)
10(C)
10(C)
10(C)
Porch, Balcony, Deck
25
10
10
5
5
5
5
5
5
Minimum Interior Side (ft)
30
10
5/10 (D)
5
4
4
7.5
7.5
20
The minimum interior side setback may be decreased to 0 feet for attached units on separate lots.
Minimum Rear Setback (ft)
Building
40
20
20
15
15
20
20
20
20
Garage, Alley Loaded
40
5
5
5
5
5
5
5
5
Garage, Recessed (accessed from the street)
40
20
10
5 or 0 when located 20 feet behind front facade of house
5
5
5
5
20
Minimum Setback From Adjoining Freeway or Railroad ROW (ft)
20
20
20
20
20
20
20
20
20
Minimum Setback From Curb Face on Adjoining Arterial (ft)
30
30
30
30
30
30
30
30
30
Lot Coverage Standards
Maximum Lot Coverage
(% of lot)
(E)
(E)
n/a
n/a
n/a
n/a
n/a
n/a
n/a
A. 
Lot Size and Dimensions, RR, RE, and RL Districts. In the RR, RE, and RL districts, the minimum lot area, depth, and width standards presented in Table 14.09.060.C, Minimum Lot Area and Dimensions, RR, RE, and RL Districts, apply.
TABLE 14.09.060.C, MINIMUM LOT AREA AND DIMENSIONS, RR, RE, AND RL DISTRICTS
Standard
RR-10
RR-5
RR-2.5
RE-1
RE-20
RE-15
RE-12
RE-10
RL-10
RL-8
RL-6
RL-5
Additional Regulations
Minimum Lot Area (sq ft, unless noted)
10 acres
5 acres
2.5 acres
1 acre
20,000
15,000
12,000
10,000
10,000
8,000
6,000
5,000
Minimum Lot Width (ft)
400
250
200
150
110
80
80
80
80
70
60
50
Corner Lot (ft)
400
250
200
150
110
100
90
90
90
85
65
55
Minimum Lot Depth (ft)
200
250
200
200
100
100
100
100
100
100
95
90
B. 
One-Story Dwellings Required, RE and RL Districts. Residential developments in the RE and RL districts shall contain one-story dwellings, or may be permitted to contain all two-story homes through a planned development. For developments containing fewer than 60 dwelling units, at least 30 percent of the dwellings shall be one story. For developments containing 60 or more dwelling units, at least 25 percent of the dwellings shall be one story. For purposes of this standard, one-story dwellings include those that have less than one-third of the living space on an upper floor, such as a loft, and that have a kitchen, bathroom, and bedroom on the ground floor. Multi-unit residential buildings required pursuant to Section 14.09.060.040.E may be two stories and do not count against the minimum percentages described in this section.
C. 
Corner Side Yard Setback, Reversed Corner Lot. On a reversed corner lot, the corner side yard setback shall not be less than the required front yard of the adjoining key lot.
D. 
Interior Side Setbacks, RL District. On lots 6,000 square feet in size or larger in the RL district developed with two or more stories, one interior side setback shall be a minimum of 10 feet. The other interior side setback shall be a minimum of five feet.
E. 
Maximum Lot Coverage, RR and RE Districts. In the RR and RE districts, the maximum lot coverage standards presented in Table 14.09.060.D, Maximum Lot Coverage, RR and RE Districts, apply.
TABLE 14.09.060.D, MAXIMUM LOT COVERAGE, RR AND RE DISTRICTS
Standard
RR-10
RR-5
RR-2.5
RE-1
RE-20
RE-15
RE-12
RE-10
Additional Regulations
One-Story Building (% of lot)
5
5
10
25
35
45
45
45
Two- or More Story Building (% of lot)
5
5
10
20
30
40
40
40
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1981, Amended, 12/13/2022; Ord. 1984, Amended, 07/25/2023; Ord. 1996, Amended, 07/23/2024)
§ 14.09.060.040 Supplemental Regulations.
A. 
Paving and Impervious Surfaces. New development with 50-foot-wide lots shall contain a minimum 25-foot-wide paved driveway to accommodate vehicle and exiting landing areas, except as follows:
1. 
The maximum amount of paving and other impervious surfaces that significantly reduces and prevents natural infiltration of water into the soil such as asphalt, concrete, and stone, in any street-facing setback is 50 percent of the required setback area.
2. 
For lots with less than 50 feet of street frontage, the amount of paving and other impervious surfaces shall be limited to a driveway of no more than 20 feet width and a walkway of no more than five feet width with the exception of brick and pavers when installed on a sand bed.
B. 
Small Lot Single-Unit Development, RLM, RM, RMH, RH, and RHL Districts. Attached and detached single-unit development located on lots less than the minimum lot size and less than the minimum lot dimensions established for the RLM, RM, RMH, RH and RHL districts may be approved with a minor use permit pursuant to Chapter 14.09.300 of this code, Use Permits, and the following standards:
1. 
Development Standards. Small lot single-unit development is subject to the development standards and supplemental regulations of the base zoning district and the design requirements of the development type except as specified below or otherwise specified in the conditional use permit approval.
a. 
Density. Minimum and maximum density shall be determined by the base zone district.
b. 
Setbacks.
i. 
Perimeter Setbacks. The minimum setbacks from the property lines on the perimeter of the small lot single-unit development shall be the required setbacks of the underlying base zone.
ii. 
Interior Street Setbacks. The minimum setbacks from the back of sidewalk of any interior street or edge of pavement where there is no sidewalk shall be 18 feet to any front-facing garage door and 10 feet to any living area or covered porch.
iii. 
Side Yard Setbacks. The side yard setback shall be a minimum of three feet. For attached units, a minimum side yard setback of 10 feet shall be provided at the end of the row of the attached units.
iv. 
Rear Yard Setbacks. Rear yard setback shall be a minimum of 10 feet except as provided below.
c. 
Entrances.
i. 
Dwelling units that abut a public right-of-way or private street shall orient the primary entryway toward the street.
ii. 
Dwelling units located in the interior of the development shall orient the primary entryway toward and visible from a pedestrian pathway that is connected to a public right-of-way or private street.
d. 
Parking. Parking shall be provided in accordance with Chapter 14.09.230 of this code, Parking and Loading, except that small lot single-unit development of attached dwelling units shall be subject to the parking requirements for multi-unit residential.
C. 
Street Patterns in Residential Districts.
1. 
Street patterns shall be designed for subdivisions with public or private streets as follows:
a. 
Provide for through-travel and mobility needs to access abutting land;
b. 
Provide complete streets for all modes of transportation;
c. 
Provide interconnected street patterns and minimize circuitous patterns and cul-de-sacs to minimize vehicle miles traveled and incorporate direct walking and biking paths;
d. 
Provide streets oriented to optimize access to solar energy for abutting development, including most local streets in single-unit and two-unit residential development shall be oriented easterly-westerly;
e. 
For blocks containing primarily single-unit residential development, the maximum block length is 660 feet along local streets. The maximum block perimeter is 2,400 feet, except where boundaries with access-controlled areas prevent meeting this standard. Longer blocks are permitted if a pedestrian connection is provided to allow pedestrian travel mid-block, and it meets established pedestrian safety warrants and incorporates required pedestrian safety improvements; and
f. 
For blocks with primarily multi-unit residential development bounded by local streets, the maximum block length is 800 feet along local streets. The maximum block perimeter is 2,800 feet, except where boundaries with access-controlled areas prevent meeting this standard. Longer blocks are permitted if a pedestrian connection is provided to allow pedestrian travel mid-block, and it meets established pedestrian safety warrants and incorporates required pedestrian safety improvements.
D. 
Properties Within Northeast Growth Area. New development of sites located within the Northeast Growth Area shall comply with the Northeast Growth Area overlay district regulations identified in Chapter 14.09.191 of this code.
E. 
Variety of Housing Types – Duplexes, Triplexes and Fourplexes. New developments on project sites over five acres in size, which propose to subdivide the site into 20 or more parcels for the development of residential uses, shall provide parcels that shall be developed as duplexes, triplexes and/or fourplexes in order to provide a variety of housing types in traditionally single-family subdivisions. Each of the multi-unit housing types shall be provided in the percentages outlined in Table 14.09.060.E. In no instance shall the overall density of the district or land use be exceeded unless otherwise permitted.
TABLE 14.09.060.E, PERCENTAGE OF LOTS REQUIRED TO DEVELOP WITH MULTI-UNIT RESIDENTIAL USES
Standard
RL
RLM
RM
RMH
Percentage of Lots With Duplex Units
5%
5%
10%
5%
Percentage of Lots With Triplex Units
–
3%
5%
20%
Percentage of Lots With Fourplex Units
–
2%
5%
25%
Or Total Percentage of Lots with Multi-Units if at least 2 of the 3 types (including 5-plex+1) provided
5%
10%
20%
50%
Notes:
1. Fiveplex or larger unit buildings are not permitted in the RL zone districts.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1981, Amended, 12/13/2022; Ord. 1984, Amended, 07/25/2023; Ord. 1996, Amended, 07/23/2024)
§ 14.09.060.050 Design Requirements for One- and Two-Unit Buildings.
A. 
Applicability. This section applies to all buildings with one or two residential units except for duplexes on a single lot and small lot single-unit developments, where the applicant elects to apply the standards contained in Section 14.09.060.060, Design Requirements for Buildings with Three or More Units. Proposed design review applications meeting these standards shall be subject to review by the Director and the Director shall retain the discretion to refer projects to the Planning Commission for review. Developments requesting deviations to these standards shall be reviewed by the Planning Commission.
B. 
Deviations to Standards and Development Specific Standards. The decision maker may approve deviations to the standards of this section and/or establish specific development standards through conditional use permit approval and/or adjustment process pursuant to Chapter 14.09.300 of this code, Use Permits.
C. 
House Plans.
1. 
Distribution and Number of House Plans. In order to create a neighborhood character that is visually interesting and establishes a neighborhood identity, development of five or more lots shall incorporate a variety of and even distribution of different house plans within developments to emphasize architectural diversity of neighborhoods.
a. 
The development shall include no less than one house plan for every 30 lots. A development with fewer than 60 lots shall include at least three house plans. House plans shall be substantially different and contain architectural features that visually represent these distinct features;
b. 
Every house plan shall have a minimum of three architectural elevation styles/themes with substantially different treatments. For example, different architectural elevation styles of the same house plan may be achieved by a combination of a change in the roof form, use of different building materials, and other architectural treatments that reflect the true style definition of the proposed architectural theme. Alternative architectural elevation styles shall be dispersed evenly throughout the development;
c. 
No house plan shall be used more than 200 times within the development, unless additional architecture themes are proposed, beyond the minimum three elevations; and
d. 
Contiguous developments may use the same house plans provided a different set of elevations is provided for the house plans in each development, and no house plan is used more than 200 times combined in the contiguous developments.
2. 
House Plans on Adjoining Lots. The same house plan shall not be used on adjacent lots along the same street frontage. The decision maker may approve an exception to this standard where the house plans have substantially different architectural elevation styles. In this case, reversing the use of the same house plans but otherwise keeping the same architectural elevation style does not qualify for this exception.
3. 
Architectural Variety. In order to qualify as a different architectural style from other styles used on the same house plan, the following design alternatives shall be utilized:
a. 
Variations in the roofline with different roof configurations;
b. 
Different entry treatments, such as a variety of front porch designs;
c. 
A variety of color schemes;
d. 
Variation in the types of exterior materials and finishes;
e. 
Different window openings in terms of location, size, orientation, surrounds, trim, glazing theme and design;
f. 
Variety of garage door designs/treatments, including variations in color, materials, use of glazing, and incorporating two single-wide doors in place of one double-wide door; and
g. 
When three or more alternatives for front architectural elevation styles are provided, brick, stone, or other masonry elements shall be incorporated in at least one of the alternatives and shall be compatible with the architecture of the building.
4. 
Development Plan. A master plotting plan shall be required for every residential subdivision project. Plotting plans shall include house plan designs proposed for each lot in the project. The plan shall include:
a. 
House plan (including reverse plans);
b. 
House plan elevation;
c. 
Delineation of first- and second-story footprints;
d. 
Garage locations;
e. 
Driveway locations;
f. 
Covered patios or other covered structures;
g. 
Building setbacks; and
h. 
Lateral utilities such as sewer and water.
5. 
The applicant may modify the master plotting plan with approval of a minor adjustment, approved by the Director of Community Development, if the plan still complies with all applicable design requirements.
D. 
Architectural Details. Building designs shall incorporate architectural details that add visual interest and contribute to neighborhood identity. Architectural details shall be well proportioned to the size and scale of buildings and contribute to the overall architectural style.
1. 
Each architectural elevation style of all buildings with one or two units shall include at least three of the following architectural detailing elements:
a. 
Front porches with decorative columns or railings that are consistent with the architectural style of the building;
b. 
Color schemes that contain a minimum of three distinct colors per building (body, trim, and an accent color);
c. 
Decorative building materials such as masonry, tile, shingle or other materials;
d. 
Front doors that include transom and/or side lights;
e. 
Variation in wall planes by incorporating bay windows or balconies into the design; and
f. 
Decorative accessories consistent with the architectural theme of proposed buildings. Examples include:
i. 
Window ledges and shelves;
ii. 
Landscape trellises;
iii. 
Decorative accent tiles;
iv. 
Wood window shutters;
v. 
Decorative gable end vents and corbels; and
vi. 
Window awnings.
2. 
Additional Architectural Design Requirements for Two-Unit Buildings (Duets and Duplexes).
a. 
Two-unit buildings shall be designed with several elements to make the two units appear as one connected building, though individual dwelling units can appear distinct. Examples include matching building heights, roof lines, roof pitches, roof materials, siding materials, window dimensions and styles, entries, porches, color or trim bands, and matching or using complementary color schemes.
b. 
Each unit shall have a pedestrian entrance on the same facade as the paired unit, except for corner lots where each dwelling unit may have the entrance oriented toward a different street frontage.
E. 
Exterior Materials/Finishes. Exterior materials and finishes shall meet the following requirements:
1. 
All buildings shall incorporate "four-sided" architectural details on all elevations. Side elevations oriented towards a public street, open space, or paseo shall incorporate architectural details like front building elevations materials and features;
2. 
Street facing elevations shall incorporate window trim, decorative vents, door openings, and/or other architectural details. Exterior stucco and other trowel finishes shall be trimmed in masonry or wood where there is a change in material;
3. 
Glazing with a mirror finish is prohibited;
4. 
Exposed concrete block (except for the foundation/crawlspace) shall not be used for elevations oriented towards a street;
5. 
T1-11 siding and other siding that utilizes plywood (except for board and batten) is prohibited on the primary residence;
6. 
When masonry is used, the masonry element should extend to the base of windows or other openings and shall wrap around corners to the end of side wall elevations and terminate at fence lines. Electrical panels shall be adjusted to be situated above wainscoting;
7. 
Siding materials shall be compatible with the architectural style of buildings. Examples of appropriate siding materials include Masonite siding, lap siding, horizontal, vertical, or diagonal siding, shingles, and stucco; and
8. 
Street-facing elevations with secondary siding or wainscoting shall wrap around corners and shall be extended into front porch entryways or around garages such that materials terminate at a perpendicular wall plane.
F. 
Windows/Vents. Architectural elevation designs shall include window and vent details. Window and vent designs shall meet the following requirements:
1. 
Windows and vents on all elevations shall include trim window mullions, or other enhanced architectural detailing;
2. 
Front windows shall include heavier trim, masonry or wood accents, pop-out features, bay windows, window ledges or shelves, and/or awnings over the windows;
3. 
Window detailing shall complement the architectural style of proposed home design;
4. 
Window size and heights shall be complementary to the architecture of buildings and arranged to create a clear and rhythmic pattern as appropriate for the architectural theme and scale;
5. 
Window shutters shall be appropriate to the architectural style, sized to complement windows and appear functional. Shutters shall be installed flush to edge of windows or the outermost edge of window trim;
6. 
Buildings on adjacent lots with the same floor plan shall not be designed with windows that are in line with adjacent building; and
7. 
Buildings on adjacent lots shall be designed so that living areas such as bedrooms do not have windows that are oriented directly towards windows of adjacent buildings, with the exception of high privacy bedroom windows.
G. 
Roof Design/Material. Roofs shall provide visual variety and interest. The following requirements shall apply:
1. 
Eaves and/or roof extensions or overhangs shall extend a minimum of 12 inches, unless inconsistent with the proposed architectural style (i.e., Spanish architectural style);
2. 
Developments with a narrow building separation shall extend eaves a maximum of 12 inches. The decision maker may approve an increase in the 12-inch maximum eave requirement based on the type of development and the proposed distance between buildings;
3. 
Roof materials may include tile, architectural grade (minimum 40-year) composition shingle, or metal;
4. 
If multiple architectural styles are proposed with composition roofing materials, at least two color combinations shall be provided for the composition roofing;
5. 
Flat pitch, roofs with parapets, or low-pitched roofs are allowed if complementary to the architectural theme of the building;
6. 
Roof pitch and type of roof designs shall incorporate solar orientation to provide maximum energy efficiency for future solar panel installation;
7. 
Decorative roofline elements compatible with the proposed architectural style shall be incorporated. Examples of decorative roof elements include brackets, dormers, chimneys (decorative or functional), and decorative rafter tails;
8. 
Roofs shall include several planes at different heights that complement the architectural character, features, and materials of the home; and
9. 
When three or more alternatives for front building elevations are provided, a different roof type shall be incorporated in at least one of the alternatives and shall be compatible with the architectural style of the building. Examples of roof types include gable, shed, and hip.
H. 
Wall Planes. Building offsets, roof overhangs, bay windows, variety of materials, and other features shall be used to reduce building massing. The following requirements apply:
1. 
Large, unbroken wall planes of 25 feet or more are prohibited on any street elevation;
2. 
Any wall plane larger than 25 feet in width shall be articulated (breaking the wall or roof plane), or incorporate pop-outs such as bay windows, including balconies or verandas, or a change in material or color;
3. 
"Four-sided" architecture is required; and
4. 
On corner lots, elevations oriented towards both street frontages shall be articulated, with the same architectural design character.
I. 
Garage Design. Garages shall be designed so they do not dominate the front elevation of a house. Design requirements include:
1. 
Garages shall be less than 60 percent of the width of the building except where infeasible due to the narrow width of the lot and the decision maker finds that alternative garage configurations have been incorporated to minimize the visual dominance of the garage;
2. 
Garages with garage doors oriented toward the street shall be set back a minimum of five feet from the front elevation of the house;
3. 
Decorative windows, recessed doors, columns and/or trellises, and other design features shall be incorporated into the design of the garage;
4. 
If a second story is proposed above a garage, the second story shall either be cantilevered or recessed from the front plane of the garage wall a minimum of five feet, and it shall include decorative windows, special roof features, balconies, or other features to reduce the visual impacts of the garage door;
5. 
Three-car garages or garages wider than 22 feet shall only be permitted on lots with 60 feet or more of width;
6. 
Bonus rooms or other attached or unfinished space adjacent to the garage and visible from the street shall include quality building materials and architectural features on the elevation oriented toward the street;
7. 
Tandem garages are encouraged to minimize the impact of the garage door on the facade; and
8. 
If a garage is converted to living space, the exterior building facade of the prior garage shall be integrated into the architectural design of the building and include similar design details.
J. 
Two-Unit Buildings on Corner Lots. Two-unit buildings on corner lots in RE, RL and RLM zones are allowed and shall count as one dwelling unit for the purposes of density calculations, provided they meet the following standards in addition to the development standards of the base zoning district:
1. 
At least 10 percent of the ground floor of buildings oriented towards a street shall be comprised of glazing (windows, door glazing, etc.).
K. 
Minimum Outdoor Recreation Space. Permanently maintained usable outdoor recreation space classified as per unit (private outdoor recreation space) and for all residences (common outdoor recreation space) shall be provided consistent with the following standards:
1. 
Private Outdoor Recreation Space. A minimum of 200 square feet of private outdoor recreation space per unit shall be provided for all units located on the ground floor.
a. 
All Private Outdoor Recreation Space.
i. 
Delineation. Private outdoor recreation space shall be delineated for use by the residents of the individual dwelling unit.
ii. 
Screening. Private outdoor recreation space shall be screened or buffered from adjacent private outdoor recreation space. Screening or buffering shall consist of fencing, partitions, landscaping such as hedges, or other means that visually and physically separate the private spaces, as approved by the decision maker.
iii. 
Configuration. Private outdoor recreation space may be provided by a combination of ground decks, balconies, and on-ground open space.
b. 
Ground Level Private Recreation Space. Private space on the ground level shall be a minimum of 100 square feet with a minimum horizontal dimension (width and depth) of 10 feet, except porches may be included in the outdoor recreation space calculation as long as the porch is greater than 100 square feet with a minimum horizontal dimension of six feet.
c. 
Upper Level Private Recreation Space. Private outdoor recreation space located on the upper floors shall be a minimum of 50 square feet with a minimum horizontal dimension of six feet.
2. 
Common Outdoor Recreation Space. For developments with 10 or more units, a minimum of 200 square feet of common outdoor recreation space per unit shall be provided.
a. 
Minimum Dimensions. The minimum dimension of any single outdoor space shall be 20 feet in any direction.
b. 
Location. Usable outdoor recreation space shall be located outside the required front yard and street side yard. It may be located in interior side and rear yards, but any structures must comply with the required setbacks and rear yard coverage requirements.
c. 
Configuration.
i. 
Usable common outdoor recreation space may include:
(A) 
Lawn or hard surfaced areas to be used for active and/or passive recreation such as walking paths, landscaping, planters, picnic areas, etc.;
(B) 
Vegetable gardens;
(C) 
Pet play areas;
(D) 
Decks, patios, and patio covers, porches, California rooms, balconies, gazebos, and roof terraces;
(E) 
Children's play structures, swimming pools, and similar active recreational items; and
(F) 
Courtyards.
ii. 
Usable common outdoor recreation space excludes enclosed structures, areas designated for parking including surface parking, carports, and garages. It also does not include areas that are a barrier to walking unless a walkable path or lawn is located within five feet of that area.
iii. 
At least 75 percent of the area designated as usable common outdoor recreation space shall be open to the sky.
d. 
Slope. The maximum slope of any usable common open space shall be 10 percent except that conservation areas, such as creeks, wetlands, and hillsides, may be included for a horizontal distance of 10 feet where there is an abutting walkable path or lawn area.
e. 
Accessibility. Common outdoor recreation spaces shall be accessible to all residents of the project for which the space is provided.
3. 
Exchange of Recreation Space Types. Required common outdoor recreation space area may be exchanged for private outdoor recreation space, and vice-versa; provided, that one and one-half square feet are provided for every square foot exchanged. For example, a project requiring 200 square feet of private recreation space and 200 square feet of common recreation space per unit instead may provide 500 square feet of private recreation space for each dwelling unit (200 square feet private + 1.5 x 200 square feet common = 500 square feet private).
4. 
Open Space Reduction for Three-Bedroom Units. The decision maker may allow required recreation space to be reduced by a maximum of 25 percent for multi-unit developments that provide three-bedroom units as shown in Table 14.09.060.E.
TABLE 14.09.060.E, OPEN SPACE REDUCTIONS FOR UNITS WITH 3+ BEDROOMS
Percentage of Units With 3+ Bedrooms
Percentage Reduction Allowed
10%
5%
11 – 19%
15%
≥20%
25%
5. 
Alternative Compliance. As an alternative to providing common outdoor recreation space, the decision maker may approve the provision of public park space if the following conditions are satisfied:
a. 
The project boundary is located within 300 feet of an existing neighborhood or community park, with direct access via a public street or pedestrian access easement;
b. 
Portions of the project that exceed a one-quarter mile walking distance from the park shall not be considered for an alternative compliance option;
c. 
The developer installs additional recreational improvements to the park, dedicates additional land to the park, or a combination thereof which have the same approximate land and improvement dollar value as providing common open space within the project;
d. 
The additional recreational improvements must be consistent with the City's Comprehensive Parks, Recreation, and Open Space Master Plan and any approved plans for the adjacent park.
L. 
Required Storage Areas for Garbage and Recycling. Storage areas for trash and recyclable materials collection containers must be provided on all lots. These areas may be in the side yard or in an enclosed garage in a designated space (outside the minimum garage size requirements). Trash and recycling enclosure areas must be screened from public view. An accessible path is required for occupants to move trash and/or recycling containers to the pickup point.
M. 
Neighborhood Identity. Residential developments shall be designed to reflect individual neighborhood identification. Neighborhood identification can be achieved by providing entry treatments, landscape themes, and architectural styles.
1. 
Entry Treatments. Neighborhoods shall include entry features to provide identity and recognition. For example, landscaped medians, increased landscape area and materials at corners, entry monuments, and project identification signage (monument or subdivision wall signs only) may be used to achieve these objectives. These features shall be constructed with materials to withstand seasonal elements, resist vandalism, and be located to maintain adequate sight visibility adjacent to streets or at street intersections.
a. 
Neighborhood entry monumentation may include pilasters, low walls, strategically placed pieces of community art, or entrance signage. All signs must be approved by the Director of Community Development.
b. 
All sign elements on pilasters or walls shall use mounting hardware securely embedded into the surface onto which it is affixed. Salvageable materials (metals) shall be avoided. Epoxy-mounted elements are not permitted.
2. 
Landscape Themes. Landscaping at each neighborhood entry shall be characterized by hardscape and landscape elements that have a visually pronounced stature along the streetscape, with a thematic application of trees, shrubbery, and plants that create a sense of identity or theme for the community. The following shall be used in determining a landscaping palette:
a. 
Entry features shall utilize landscape corridors at intersections to create physical space for landscaped neighborhood entries; and
b. 
Landscape materials shall utilize water-conserving species and incorporate accent trees, shrubs, and ground cover that harmonize with the surrounding community/neighborhood.
3. 
Architectural Styles. Individual neighborhoods shall incorporate character-defining features to create distinctive and memorable places. The proposed architectural themes shall be an appropriate scale and proportion to the proposed neighborhood.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1981, Amended, 12/13/2022; Ord. 1985, Amended, 07/25/2023; Ord. 1996, Amended, 07/23/2024; Ord. 2011, Amended, 2/10/2026)
§ 14.09.060.060 Design Requirements for Buildings with Three or More Units.
A. 
Applicability. This section applies to all multifamily residential buildings with three or more residential units and to duplexes on a single lot and small lot single-unit developments where the applicant elects to apply these standards in lieu of those in Section 14.09.060.050, Design Requirements for One- and Two-Unit Buildings.
B. 
Site Planning and Orientation. Multifamily projects shall comply with the following standards:
1. 
Extend streets or provide pedestrian and bicycle connections from existing neighborhoods into the proposed development site, where possible, and provide pedestrian and bicycle routes within developments;
2. 
Entries to buildings, whether to individual dwelling units or to multifamily dwelling units, shall incorporate prominent entry features on the front facade to be easily identifiable. Building entries oriented towards a street or common space shall incorporate entry features;
3. 
Design upper floors of buildings by orienting the windows, decks and balconies towards open space or streets;
4. 
Design entrances to dwellings on paseos or landscaped areas where not facing a street;
5. 
Use paseos and/or landscaping on street side frontages of dwelling units if locating front entrances towards a street is not feasible, with an emphasis on privacy, green space, and for mature trees;
6. 
Connect paseos to sidewalks to form internal walkway networks within developments and to surrounding neighborhoods; and
7. 
Above-ground utilities consisting of gas meters, air-conditioning units, and shut-off switches shall be screened by masonry walls that match the design of the adjoining building. The site plan shall be designed to provide sufficient space between the equipment and walls for maintenance. Unless prohibited by utility providers, buildings shall be designed to include individual utility rooms for cabinets, switchboards, and other similar large equipment.
8. 
Neighborhoods with lots greater than 100 feet in depth, unless otherwise approved by the Director of Community Development, are required to stagger the front setback distance a minimum five feet from the adjoining house to create variation along the setback line and avoid creating a "walled" look along the street. Encroachments into the rear yard setback may be allowed to balance the increased front yard. The average rear yard setback must be equal or greater than the required rear yard setback, but no closer than 10 feet from the rear property line.
C. 
Building Width. The maximum width of a building on a street frontage shall be 90 feet without a recess of at least 15 feet.
D. 
Massing and Proportion. Avoid the appearance of top-heavy buildings, and long uninterrupted exterior wall planes by employing articulation. The following standards shall apply:
1. 
Any wall plane larger than 30 feet in width shall be articulated. The articulation (breaking the wall or roof plane) shall incorporate pop-outs such as bay windows, balconies or verandas;
2. 
Third-floor plates shall not cantilever beyond the second-floor plate, except for architectural projections such as bay windows, balconies, and pop-outs, with a dimension of no more than two feet beyond the second floor. The second and third floor massing may cantilever beyond the first floor a maximum of three feet. Any projection larger than three feet shall require the massing to extend to the ground and/or incorporate a column(s) or pillar(s);
3. 
Minimize the apparent massing of the third floor by lowering the roof plates, recessing the facade, use of second-floor decks, balconies, and lowering ceiling heights. Side and rear facades shall maintain massing and articulation consistent with the front facade;
4. 
Taller massing shall be used in areas to define significant building features, such as corners;
5. 
Integrate stairways, fences, and other accessory elements with the architecture of the building;
6. 
Reduce building massing when located adjacent to a residential property at a lower density;
7. 
Eaves and rooflines shall be offset with gables, building projections, and articulation to break up long horizontal lines and create an emphasis on the individual dwelling units;
8. 
Avoid changes in a variety of colors and materials on the same plane without trim. Apply changes in colors and materials where a change in building mass occurs to highlight the change in the wall plane;
9. 
Roofs shall include several planes at different heights that complement the architectural character, features, and materials of the building; and
10. 
Flat pitch, roofs with parapets, or low-pitched roofs are allowed when complementary to the architectural style of a building.
E. 
Architectural Detailing and Materials. Buildings shall provide architectural details that add visual interest and contribute to the neighborhood identity. The details shall be well proportioned to the size of the building and contribute to the overall architectural style.
1. 
All buildings with three or more units shall include at least three of the following architectural detailing elements:
a. 
New buildings proposed to be more than three stories shall incorporate a clearly expressed base, middle, and top, as appropriate to the building type; and
i. 
Convey the load-bearing function of the base through techniques such as the use of materials (like stone or stucco) or darker colors, or deep joints in masonry or stucco.
ii. 
Incorporate a prominent visual termination for the building such as roof details, forms, cornices, eaves, and parapets;
b. 
Stoops, porches and private patios for ground-floor dwelling units, to provide outdoor recreation spaces. These spaces shall provide privacy with railings, low walls, landscape or a change in elevation;
c. 
Color schemes that contain a minimum of three distinct colors per building (body, trim, and an accent color);
d. 
Decorative building materials such as masonry, tile, shingle or other materials that add decorative or textural qualities to the building;
e. 
Variation in wall planes by incorporating bay windows, decks, recesses or setbacks or balconies into the design;
f. 
Eave and parapet details to break up building massing. Eaves spanning the entire length of the building without a change in height shall be prohibited;
g. 
A palette of materials and color on all facades of the building that complement the overall design of the building;
h. 
Finish stucco with a smooth finish such as smooth trowel or a sand float finish;
i. 
Exterior finish materials that wrap the corner to the end of a building wall shall be a minimum of four feet;
j. 
Reflective materials and colors are prohibited; and
k. 
Tile, architectural grade (minimum 40-year) composition shingle, or metal roof materials.
2. 
Additional Architectural Design Requirements for Side-by-Side Units. In addition to the requirements of subsection E.(1) of this section, buildings with three or more units consisting of side-by-side units shall meet the following requirements:
a. 
Dwelling units shall be designed with one architectural theme carried across the entire combined structure, including rooflines, roof styles, roof pitches, siding materials, color schemes, and trim details.
b. 
Individual dwelling units may be distinguished through use of complementary colors, trim details, offsets, roof details, porches, or similar methods.
c. 
End dwelling units shall have endcap features that visually terminate the structure, such as a hip roof or wraparound porch.
d. 
Asymmetrical designs are allowed.
e. 
The combined building shall not consist of repeated floor plans, even if the dwelling units have different elevation styles.
F. 
Windows. Window design, detailing, and placement are required to meet the following:
1. 
Design windows to coordinate with the architectural design of the building. Window material, shape, and proportion shall complement the architectural design;
2. 
Details of windows and doors shall reflect the architectural design theme of the proposed building;
3. 
Window size and heights shall be complementary to the architecture of the building and shall be arranged to create a clear and rhythmic pattern as appropriate for both the building's architectural style and scale; and
4. 
Window articulation, such as sills, trim, kickers, shutters, or awnings, shall be employed where appropriate to complement the proposed architectural style and the facade of the building.
G. 
Garage Design.
1. 
Decorative windows, recessed doors, columns and/or trellises, and other design features shall be incorporated into the design of the garage to enhance the architecture.
2. 
When a second story is provided above a garage, the second story shall either be cantilevered or recessed from the plane of the garage wall.
3. 
Garage doors shall be consistent with the overall architectural style of the building. Material, pattern, and color shall be cohesive with the architectural style.
4. 
Garage doors shall be recessed from the wall plane.
5. 
Garage doors in row townhomes shall not face public spaces (i.e., parks, plazas, community amenities, etc.).
6. 
Garages and parking areas shall be located to the side or rear of the dwellings, to be side loaded, or to be recessed from the front of the combined structure by at least five feet.
7. 
Shared driveways are encouraged for dwelling units adjacent to one another with front loaded garages having access on the street side.
8. 
The maximum horizontal width of paired driveways (edge to edge) shall be 30 feet.
9. 
Landscaping, such as shrubbery or grass, is allowed in designated planting areas between the paired driveways.
10. 
Single-car garages for individual dwelling units are encouraged.
11. 
Side-by-side garages shall not be more than the width adequate to serve a combined total of three cars. Three-car garages facing a street for a single dwelling unit are not allowed.
H. 
Minimum Outdoor Recreation Space. Permanently maintained usable outdoor recreation space classified as per unit (private outdoor recreation space) and for all residences (common outdoor recreation space) shall be provided consistent with the following standards:
1. 
Private Outdoor Recreation Space.
a. 
Ground-Level Units. For multistory dwelling units such as townhomes, the private outdoor recreation space may be provided by a combination of ground decks, balconies and on-ground recreation space. Private outdoor recreation space at the ground floor shall be provided at a ratio of 100 square feet per dwelling unit with a minimum dimension of 10 feet except that porches greater than 100 square feet with a minimum dimension of six feet may be included in the outdoor recreation space calculation.
b. 
Upper-Floor Units. Private outdoor recreation space for dwelling units located on the upper floors shall be provided at a ratio of 50 square feet per dwelling unit with a minimum depth of six feet from the wall.
2. 
Common Outdoor Recreation Space. Common outdoor recreation space shall be provided at a ratio of 100 square feet per dwelling unit. The following requirements shall be met:
a. 
Minimum Dimensions. The minimum dimension of common open space shall be 20 feet in any direction;
b. 
Use. Common open space shall be available for passive and active outdoor recreational purposes for the enjoyment of all residents of each multi-unit project. Active outdoor recreational activities include, but are not limited to, picnic areas, tot lots, sports courts, swimming pools, community gardens and community rooms;
c. 
Precluded Areas. Common open space shall not include driveways, public or private streets, or utility easements where the ground surface may not be appropriate for open space;
d. 
Slope. The slope of the common open space shall not exceed a slope of 10% and shall be easily accessible for all residents; and
e. 
Accessibility. Common outdoor recreation spaces shall be accessible to all residents of the project for which the space is provided.
3. 
Exchange of Recreation Space Types. The decision maker may allow required common outdoor recreation space area to be exchanged for private outdoor recreation space, and vice-versa; provided, that one and one-half square feet are provided for every square foot exchanged. For example, a project requiring 100 square feet of private recreation space and 100 square feet of common recreation space per unit instead may provide 250 square feet of private recreation space for each dwelling unit (100 square feet private + 1.5 x 100 square feet common = 250 square feet private).
4. 
Open Space Reductions. The decision maker may allow required recreation space to be reduced by a maximum of 25% for the following types of multi-unit developments:
a. 
Three-Bedroom Units as shown in Table 14.09.060.E:
b. 
Mixed-Use Development; and
c. 
Affordable housing projects with at least 10% of total units for lower income households, 5% for very low income households, or at least 10% for moderate income households.
I. 
Trash Enclosures and Recycling Areas. The following standards shall apply to all development that does not provide trash disposal within an indoor common disposal area or where each unit or tenant has its own receptacle.
1. 
Enclosure Required. Refuse containers stored outdoors shall be located in trash enclosures.
2. 
Cumulative Capacity of One Cubic Yard or More. Trash enclosures storing containers with a cumulative capacity of one cubic yard or more shall meet the following standards:
a. 
Materials. Trash enclosures shall be constructed with decorative masonry walls with solid metal doors. The exterior finish shall be compatible with the design of the main building;
b. 
Location.
i. 
Trash enclosures shall, to the extent possible, be located in an area that is not visible from abutting properties or from a public right-of-way. Enclosures shall be located within reasonable proximity to the dwelling unit or tenant it serves and shall include a separate walk-in access.
ii. 
Trash enclosures with a cumulative capacity of one and one-half cubic yards shall be located no closer than five feet from combustible walls, openings, or combustible roof eave lines unless protected by an automatic sprinkler system approved by the Fire Marshal;
c. 
Enclosure Height. Trash enclosure walls shall be of a height equal to or greater than the height of the containers;
d. 
Concrete Paving Section. A minimum eight-foot-by-10-foot-wide thickened concrete paving section shall be provided in front of the enclosure gates; and
e. 
Recyclable Materials. Trash enclosures shall include adequate space for the collection of recyclable materials.
3. 
Cumulative Capacity of Less than One Cubic Yard. Trash enclosures storing containers with a cumulative capacity of less than one cubic yard shall meet the following standards:
a. 
Materials. Trash enclosures may be constructed of masonry or wood, or an approved equivalent screening method may be provided, subject to the approval of the Director of Community Development;
b. 
Location. Trash enclosures shall not be located between the street and the front of a building;
c. 
Accessory Structures. Accessory structures used as trash enclosures shall be subject to the same development standards which apply to other buildings and structures on the site; and
d. 
Clear Areas. Driveways and aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the hauler in the area.
J. 
Adjacent or Abutting Single-Family Detached Homes. New multifamily residential projects located across the street or abutting the same property line shall comply with the following objective standards to ensure compatibility with existing neighborhoods:
1. 
Building Height. The first row of buildings located across the street or abutting/adjacent to single-family homes shall be no taller than two stories in height, except if separated by a four-lane arterial street.
2. 
Setbacks. An additional setback of five feet shall be added to every floor above the ground floor. The setback shall be measured from the wall plane of the ground floor living space. Applicants may also satisfy this standard by increasing the landscape setback by an additional 10 feet.
3. 
Landscaping. A minimum 10-foot setback of landscaping shall be provided abutting interior property lines, which shall be used exclusively for planting trees densely together for screening per Section 14.09.200.070.A.4 of this code, General Site Regulations. These areas shall not be used to satisfy on-site treatment of stormwater runoff.
4. 
Street Landscaping. A minimum 15-foot setback of landscaping shall be provided along street frontages located across the street from existing single-family homes. The setback shall be measured from the back of the sidewalk along the street and shall not include the space between a separated sidewalk. Masonry walls may be located within the setback but shall be placed at the edge and not in the middle. Planting within these areas shall consist of large trees to provide a vertical screen.
5. 
Utilities. Water, sewer, and storm drain lines required to serve the project shall be aligned with internal driveways and sidewalks and shall not divide these landscape areas. Double-detector check valves shall be located further into the main entrance of the project and shall not be located within the frontage landscape setback.
6. 
Masonry Walls. Masonry walls shall be installed along internal property lines abutting single-family homes. Walls shall consist of split-face CMU blocks with decorative pilasters every 30 feet. Pilasters shall be covered with accent stone veneer. Walls shall have top caps and pilasters/columns shall have beveled caps. At the Director's discretion, masonry wall construction may consist of smooth-face stucco or other designs to be consistent with the architectural theme of the project.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1981, Amended, 12/13/2022; Ord. 1996, Amended, 07/23/2024; Ord. 2011, Amended, 2/10/2026)
§ 14.09.070.010 Purpose and Applicability.
A. 
The purpose of the commercial and mixed-use zoning districts is to:
1. 
Provide for the orderly, well-planned, and balanced development of commercial and mixed-use zoning districts;
2. 
Designate adequate land for a full range of local- and regional-serving commercial and retail services, consistent with the General Plan;
3. 
Maintain and strengthen the City's economic resources;
4. 
Increase employment opportunities and expand the economic base of the City;
5. 
Provide appropriately located commercial areas that provide a variety of goods and services for residents, employees, and visitors;
6. 
Provide opportunities for a mix of complementary uses that may combine residential and nonresidential uses, or a variety of nonresidential uses, on the same site; and
7. 
Promote pedestrian-oriented, mixed-use commercial centers at appropriate locations.
B. 
Additional purposes of each commercial and mixed-use zoning district are provided below:
1. 
Neighborhood Commercial (CN). The CN district is intended to provide for neighborhood centers which provide goods and services to meet the day-to-day needs of residents and visitors. The CN district implements the Commercial Neighborhood General Plan Land Use Designation;
2. 
General Commercial (CG). The CG district is intended to provide for a full range of commercial and supportive uses to meet local and regional demand. The CG district implements the Commercial General Land Use Designation in the General Plan;
3. 
Office Commercial (CO). The CO district is intended to provide for commercial office centers, a mix of supportive retail and service commercial uses, and other compatible uses. The CO district implements the Commercial Office General Plan Land Use Designation;
4. 
Highway Commercial (CH). The CH district is intended to provide areas for retail, commercial, service, and recreational uses adjacent or proximate to the highway and dependent upon highway travel. The CH district implements the Commercial Highway General Plan Land Use Designation;
5. 
Mixed Use (MX). The MX district is intended to provide areas for mixed-use centers containing a mix of compatible residential and nonresidential uses in a vertical or horizontal mixed-use development configuration. The MX district implements the Mixed-Use General Plan Land Use Designation.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1981, Amended, 12/13/2022; Ord. 2011, Amended, 2/10/2026)
§ 14.09.070.020 Land Use Regulations.
Table 14.09.070.A, Land Use Regulations – Commercial and Mixed-Use Zoning Districts, establishes the land use regulations for the commercial and mixed-use zoning districts. Land uses are defined in Chapter 14.02.060 of this code, Use Classifications. In cases where a specific land use or activity is not defined, the Director of Community Development shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the table and not substantially like the uses below are prohibited. Within the Northeast Growth Area, the supplemental regulations identified in Section 14.09.070.040 are applicable. Section numbers in the right-hand column refer to other sections of this title.
TABLE 14.09.070.A, LAND USE REGULATIONS – COMMERCIAL AND MIXED-USE ZONING DISTRICTS
"P" = Permitted Use; "M" = Minor Use Permit required; "C" = Conditional Use Permit required; "–" = Use Not Allowed
Land Use Classification
CN
CG
CO
CH
MX 1
DCSP
DRSP
Additional Regulations
Residential Uses2
Residential Housing Types
See subclassifications below
Single-Unit Dwelling, Attached
C
C
C
–
P
See Section 14.09.270.160, Residential Uses in Commercial and Employment Districts
Multi-Unit Dwelling
C
C
C
–
P
See Section 14.09.270.160, Residential Uses in Commercial and Employment Districts
Single Room Occupancy
C
C
C
C
C
See Section 14.09.270.160, Residential Uses in Commercial and Employment Districts and 14.09.270.220, Single Room Occupancy Units
Residential Facility, Assisted Living
C
C
C
–
C
See Section 14.09.270.160, Residential Uses in Commercial and Employment Districts
Small Residential Care Facilities
Small residential care facilities and transitional housing constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same district.
Transitional Housing
Supportive Housing
P
P
P
–
P
Supportive housing is permitted provided it is consistent with California Government Code Sections 65650 – 65656.
Employee Housing, Small
C
C
C
–
P
See Section 14.09.270.210, Agricultural Employee Housing.
Public/Semi-Public Uses
Colleges and Trade Schools
–
M
P
M
P
Commercial Parking Lots and Structures
–
M
M
P
M
Community Assembly
P
P
P
P
P
Cultural Institutions
P
P
P
P
P
Day Care Centers
P
P
P
M
P
Emergency Shelter
–
P
–
C
–
Government Offices
P
P
P
P
P
Hospitals and Clinics
See subclassifications below
Clinic
P
P
P
–
P
Instructional Services
P
P
P
–
P
Low-Barrier Navigation Centers
P
P
P
–
P
See Section 14.09.270.200, Low-Barrier Navigation Center Regulations.
Park and Recreation Facilities
P
P
P
P
P
Public Safety Facilities
C
C
–
C
C
Schools
C
–
–
–
–
Social Service Facilities
C
C
–
–
C
Commercial Uses
Adult-Oriented Business
–
P
–
–
–
See Section 14.09.270.050, Adult-Oriented Businesses
Animal Care and Boarding
See subclassifications below
Pet Day Care
P
P
–
P
P
Veterinary Services
P
P
P
P
P
Automobile/Vehicle Sales and Services
See subclassifications below
Automobile Brokerage
P
P
P
P
P
Automobile Rental
–
P
–
P
–
Automobile/Vehicle Sales and Leasing, New Vehicles
–
P
–
P
–
Automobile/Vehicle Sales and Leasing, Used Vehicles
–
C
–
C
–
Automobile/Vehicle Service and Repair, Minor
–
P
–
P
–
Automobile/Vehicle Repair, Major
–
C
–
P
–
Large Vehicle and Equipment Sales, Service, and Rental
–
M
–
P
–
Service Stations
C
M
–
P
–
Washing
–
M
–
P
–
Banks and Financial Services
P
P
P
P
P
Business Services
P
P
P
P
P
Commercial Entertainment and Recreation
See subclassifications below
Cinema/Theater
C
P
–
–
P
Indoor Sports and Recreation
–
P
P
P
P
Outdoor Entertainment
–
C
–
C
–
Outdoor Sports and Recreation
–
C
–
–
–
Eating and Drinking Establishments
See subclassifications below
Bars/Nightclubs/Lounges
C
M3
–
M
M
See Section 14.09.270.060, Alcoholic Beverage Sales
Restaurant
P/M4
P/M4
P/C4
P/M4
P/C4
See Section 14.09.270.060, Alcoholic Beverage Sales
Tasting Room
–
P
P
P
P
See Section 14.09.270.060, Alcoholic Beverage Sales
Farmer's Markets
P
P
P
–
P
See Section 14.09.270.100 Farmer's Market
Food Preparation
P
P
P
P
P
Funeral Parlors and Interment Services
–
P
P
P
–
Hookah Lounge
M
M
–
M
C
Lodging
–
P
–
P
P
Offices
See subclassifications below
Business, Professional, and Technology
P
P
P
–
P
Medical and Dental
P
P
P
–
P
Personal Services
P
P
P
–
P
See Chapter 9.07, Massage Therapy Regulations, of this code
Repair and Maintenance Services
P
P
P
–
P
Retail Sales
See subclassifications below
Building Materials and Supply Stores
–
P
–
P
–
Food and Beverage Sales
P
P
P
P
P
General Retail and Merchandise
P
P
P
P
P
Nurseries
P
P
–
P
C
Industrial Uses
Custom and Artisan Manufacturing
P
P
–
P
P
Must contain a minimum 100 square feet of retail floor area
Food and Beverage Manufacturing
See subclassification below
Small Scale
M
P
–
P
P
Must review utilities capacity prior to approval
Transportation, Communication, and Utility Uses
Communication Facilities
See subclassifications below
Facilities Within Buildings
P
C
–
C
C
Telecommunication
See Section 14.09.270.170, Telecommunication Facilities
Light Fleet-Based Services
P
P
P
P
–
Recycling Facility
See subclassifications below
Reverse Vending Machine
P
P
–
P
–
See Section 14.09.270.150, Recycling Facilities
Small Collection Facility
M
M
M
M
M
Public Works and Utilities
C
C
C
C
C
Transit Stations and Terminals
–
C
–
C
C
Agricultural Uses
Urban Agriculture
See subclassifications below
Community Garden
P
P
–
–
P
See Section 14.09.270.190, Urban Agriculture
Market Garden, less than one acre in size
P
P
–
–
P
See Section 14.09.270.190, Urban Agriculture
Market Garden, one acre or more in size
M
M
–
–
M
See Section 14.09.270.190, Urban Agriculture
Employee Housing, Large
P
P
–
–
P
See Section 14.09.270.210, Agricultural Employee Housing.
Other Uses
Accessory Uses and Structures
See Sections 14.09.200.020, Accessory Buildings and Structures, and 14.09.270.030, Accessory Uses
Animal Keeping
See Section 14.09.270.070, Animal Keeping
Digital Freeway Billboards
See Section 14.09.260.100.B, Digital Freeway Billboards
Drive-Through Facility
See Section 14.09.270.090, Drive-Through Facilities
Family Day Care
See Section 14.02.060.010, Residential Uses
Home Occupations
See Section 14.09.270.120, Home Occupations
Outdoor Dining and Seating
See Section 14.09.270.130, Outdoor Dining and Seating
Outdoor Display and Sales
See Section 14.09.270.140, Outdoor Display and Sales
Nonconforming Uses
See Chapter 14.09.220 of this code, Nonconforming Uses, Sites, and Structures
Temporary Uses
See Section 14.09.270.180, Temporary Uses
Notes:
1. Developments within the MX zoning district shall contain a minimum of two different types of uses, one of which shall be residential.
2. Residential uses are subject to intensity limits set by the Nut Tree Airport environs overlay district if located in the Nut Tree Airport compatibility zone.
3. Bars, night clubs, and lounges are prohibited in the CG district between Lawrence Drive and Auto Center Drive.
4. Restaurants without a bar or lounge and restaurants where less than one-third of the customer service floor area is devoted to the sale and consumption of alcoholic beverages and where serving alcoholic beverages is done only during hours of full food service operation are permitted. Restaurants with bar or lounge areas that comprise more than one-third of the customer service floor area and/or serve alcoholic beverages outside hours of full food service operation require conditional use permit approval in the CO and MX districts and minor use permit approval in the CN, CG, and CH districts.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1981, Amended, 12/13/2022; Ord. 1984, Amended, 07/25/2023; Ord. 1995, Amended, 07/23/2024; Ord. 1996, Amended, 07/23/2024)
§ 14.09.070.030 Development Regulations.
Table 14.09.070.B, Development Regulations – Commercial and Mixed-Use Zoning Districts, prescribes the development regulations for the commercial and mixed-use zoning districts. Letters in parentheses refer to additional development standards that directly follow the table. Section numbers in the "Additional Regulations" column refer to other sections of this Zoning Ordinance.
TABLE 14.09.070.B, DEVELOPMENT REGULATIONS – COMMERCIAL AND MIXED-USE ZONING DISTRICTS
Standard
CN
CG
CO
CH
MX
DCSP
DRSP
Additional Regulations
Maximum Nonresidential Floor Area Ratio (FAR)
0.3 (A)
0.3 (A)
0.3 (A)
0.3 (A)
1.0
See Section 14.02.030.090, Determining Floor Area Ratio
Minimum Nonresidential Ground Floor Area (% of total ground floor area on site)
n/a
n/a
n/a
n/a
25 (B)
See Section 14.02.030.090, Determining Floor Area Ratio
Minimum Residential Density (dwelling units per acre)
8.1
8.1
8.1
n/a
10
See Section 14.02.030.040, Calculating Density
Maximum Density (units per acre)
n/a
n/a
n/a
n/a
40
See Section 14.02.030.040, Calculating Density
Maximum Height (feet)
30
40, up to 70 with CUP approval
30
40, up to 70 with CUP approval
40, up to 70 with CUP approval
See Section 14.09.200.060, Height and Height Exceptions
Minimum Setbacks (feet)
Front
20 (C)
20
20
20
20 (C)
May be reduced to 15 feet adjoining a nonarterial street where compatible with the surrounding area and consistent with existing setbacks in the surrounding area
Street Side
20 (C)
20
20
20
20 (C)
Interior Side
0, 30 adjacent to a residential district
0, 30 adjacent to a residential district
0, 30 adjacent to a residential district
0, 30 adjacent to a residential district
0, 30 adjacent to a residential district
Rear
0, 30 adjacent to a residential district
0, 30 adjacent to a residential district
0, 30 adjacent to a residential district
0, 30 adjacent to a residential district
0, 30 adjacent to a residential district
Alley
10
10
10
10
10
Freeway ROW
20
20
20
20
20
Parking, from any street-facing lot line
40 (D)
40 (D)
40
40
40 (D)
Additional Development Standards.
A. 
FAR Exception, Commercial Districts. An exception to the maximum FAR standard in the commercial districts may be approved where the decision maker makes all of the following findings:
1. 
The proposed use and structure for which the exception to the FAR standard is approved has a lower employee density or a lower peak hour traffic generation than uses generally permitted within the applicable zoning district;
2. 
Public facilities and services are available to serve the proposed use and structure; and
3. 
The proposed building massing is compatible with intended development in the zoning district.
B. 
Reduced Minimum Nonresidential Ground Floor Area Percentage. The decision maker may reduce this percentage to 10 percent provided the development includes integrated pedestrian and vehicular access to a use on an abutting property that provides the missing nonresidential secondary use to make up the 15 percent difference.
C. 
Required Building Location.
1. 
Build-To Line. Buildings shall be located within 10 feet of the required setback line for at least 40 percent of the linear street frontage.
2. 
Corner Build Area. Buildings shall be located within 10 feet of the required setback line within 30 feet of the street corner.
3. 
Frontage Improvements. The area between buildings and the property line shall be improved as part of a wider sidewalk, as outdoor dining/seating area, or with landscaping.
4. 
Exceptions. The building location requirements may be modified or waived by the decision maker upon finding that:
a. 
Entry courtyards, plazas, entries, or outdoor eating areas are located adjacent to the front or corner side property line and buildings are built to the edge of the courtyard, plaza, or dining area; or
b. 
The building incorporates an alternative entrance design that creates an engaging entry feature facing the street.
D. 
Limitations on Location of Parking. Off-street parking spaces shall be located to the rear of principal buildings whenever feasible. Aboveground parking may not be located within 40 feet of a street-facing property line. Exceptions may be granted where the decision maker makes the following findings:
1. 
The design incorporates habitable space built close to the public sidewalk to the maximum extent feasible; and
2. 
The site is small and constrained such that underground parking or surface parking located more than 40 feet from the street frontage is not feasible.
E. 
All outdoor refuse collection areas shall not be visible from the public right-of-way. No refuse collection area shall be permitted between a street and the front of a building. All refuse bins shall be stored within a masonry enclosure with similar accent material as the adjoining building. Refuse containers and masonry enclosures on properties adjacent to residentially zoned sites shall be at least 100 feet from the residentially zoned property, and shall be oriented so that the gates into the masonry enclosure do not face the property.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1981, Amended, 12/13/2022; Ord. 1996, Amended, 07/23/2024)
§ 14.09.070.040 Supplemental Regulations.
A. 
Review Requirement, CN District. Conditional use permit approval is required for new development on sites four acres in size or more in the CN district.
B. 
Review Requirement, MX District. Conditional use permit approval is required for new development in the MX district.
C. 
Properties Within Northeast Growth Area. New development of sites located within the Northeast Growth Area shall comply with the Northeast Growth Area overlay district regulations identified in Chapter 14.09.191 of this code.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1981, Amended, 12/13/2022)
§ 14.09.070.050 Design Requirements for Commercial and Mixed-Use Development.
A. 
Building Transparency/Required Openings. Exterior walls facing and within 40 feet of a street-facing lot line or pedestrian walkway shall include windows, doors, or other openings for at least 40 percent of the building wall area located between two and one-half and seven feet above the level of the sidewalk or walkway. Such walls may run in a continuous plane for no more than 30 feet without an opening.
1. 
Design of Openings. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep.
2. 
Reductions. The building transparency requirement may be reduced or waived by the decision maker upon finding that:
a. 
The proposed use has unique operational characteristics with which providing the required windows and openings is incompatible; and
b. 
Street-facing building walls will exhibit architectural relief and detail and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.
B. 
Building Orientation.
1. 
Buildings shall be oriented to face streets and pedestrian walkways.
2. 
Building frontages shall be generally parallel to streets and pedestrian walkways.
3. 
Buildings shall be designed and oriented to minimize the visual intrusion into adjoining residential properties. Window, balcony, and deck locations shall be directed away from window areas of adjoining residences (on site or off site).
C. 
Exterior Building Materials and Colors.
1. 
A unified palette of quality materials shall be used on all sides of buildings.
2. 
Exterior building materials shall be stone, brick, stucco, concrete block, painted wood clapboard, painted metal clapboard, or other quality, durable materials approved by the decision maker. Stucco, when used, shall cover no more than 50 percent of the front facade of the ground floor.
D. 
Pedestrian Access. On-site pedestrian circulation and access shall be provided according to the following standards:
1. 
Internal Connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.
2. 
Circulation Network. Regular connections between on-site pedestrian walkways and the public sidewalk and other planned or existing pedestrian routes or trails shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage.
3. 
Neighbors. Direct and convenient access shall be provided to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security.
4. 
Transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances.
5. 
Pedestrian Walkway Design.
a. 
Walkways shall be a minimum of six feet wide, shall be hard-surfaced, and paved with concrete, stone, tile, brick, or comparable material.
b. 
Where a required walkway crosses parking areas or loading areas, it shall be clearly identifiable through the use of a raised crosswalk, a different paving material, or similar method.
c. 
Where a required walkway is parallel and adjacent to an auto travel lane, it shall be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier.
E. 
Limitations on Curb Cuts. Curb cuts shall be minimized and located in the location least likely to impede pedestrian circulation.
F. 
Minimum Outdoor Recreation Space, Mixed Use Development. Permanently maintained usable outdoor recreation space classified as per residential dwelling unit (private outdoor recreation space) and for all residences (common outdoor recreation space) shall be provided for any development that includes residential dwelling units, consistent with the following standards:
1. 
Private Outdoor Recreation Space.
a. 
Ground-Level Units. Private outdoor recreation space at the ground floor shall be provided at a ratio of 100 square feet per residential dwelling unit with a minimum dimension of 10 feet except that porches greater than 100 square feet with a minimum dimension of six feet may be included in the outdoor recreation space calculation. For multi-story dwelling units, the private outdoor recreation space may be provided by a combination of ground floor decks, balconies and on-ground recreation space.
b. 
Upper-Floor Units. Private outdoor recreation space for residential dwelling units located on the upper floors shall be provided at a ratio of 50 square feet per dwelling unit with a minimum dimension of six feet.
2. 
Common Outdoor Recreation Space. Common outdoor recreation space shall be provided at a ratio of 100 square feet per residential dwelling unit. The following requirements shall be met:
a. 
Minimum Dimensions. The minimum dimension of common outdoor recreation space shall be 10 feet in any direction;
b. 
Use. Common outdoor recreation space shall be available for passive and active outdoor recreational purposes for the enjoyment of all residents of each project. Outdoor recreation space types include, but are not limited to, picnic areas, tot lots, sports courts, swimming pools, and community gardens;
c. 
Precluded Areas. Common outdoor recreation space shall not include driveways, public or private streets, or utility easements where the ground surface may not be appropriate for recreational space;
d. 
Slope. The slope of the common outdoor recreational space shall not exceed a slope of 10 percent and shall be easily accessible for all residents; and
e. 
Accessibility. Common outdoor recreation spaces shall be accessible to all residents of the project for which the space is provided.
3. 
Exchange of Recreation Space Types. The decision maker may allow required common outdoor recreation space area to be exchanged for private outdoor recreation space, and vice-versa; provided, that one and one-half square feet are provided for every square foot exchanged. For example, a project requiring 100 square feet of private recreation space and 100 square feet of common recreation space per unit instead may provide 250 square feet of private recreation space for each dwelling unit (100 square feet private + 1.5 x 100 square feet common = 250 square feet private).
4. 
Open Space Reduction for Three-Bedroom Units. The decision maker may allow required recreation space to be reduced by a maximum of 25 percent for multi-unit developments that provide three-bedroom units as shown in Table 14.09.070.E.
TABLE 14.09.070.C, OPEN SPACE REDUCTIONS FOR UNITS WITH 3+ BEDROOMS
Percentage of Units With 3+ Bedrooms
Percentage Reduction Allowed
10%
5%
11 – 19%
15%
≥20%
25%
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1981, Amended, 12/13/2022; Ord. 1996, Amended, 07/23/2024)
§ 14.09.070.060 Design Requirements for Residential Development.
Buildings in the commercial and mixed-use districts that contain solely residential uses shall meet the development standards for residential uses in Chapter 14.09.060 of this code, Residential Zoning Districts.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1981, Amended, 12/13/2022)
§ 14.09.080.010 Purpose and Applicability.
A. 
The purpose of the employment zoning districts is to:
1. 
Designate adequate land for commercial, business, office, research, and industrial activity consistent with the General Plan;
2. 
Maintain and strengthen the City's economic vitality;
3. 
Provide a range of employment opportunities to meet the needs of current and future residents; and
4. 
Provide areas for a wide range of manufacturing, research and development, industrial processing, and service commercial uses, and protect areas where such uses now exist.
B. 
Additional Purposes of Each Employment Zoning District.
1. 
Commercial/Industrial Service (IS). The IS district is intended to provide for a wide range of industrial and service commercial uses to serve the needs of the community. The IS district implements the Commercial Service and Industrial Park General Plan Land Use Designations;
2. 
Industrial Park (IP). The IP district is intended to provide for a variety of industrial, manufacturing and warehousing uses with compatible uses to support vibrant employment areas. The IP district implements the Industrial Park General Plan Land Use Designation;
3. 
Business Park (BP). The BP district is intended to provide areas for large-scale, campus-like office and technology development that includes office, research and development, manufacturing, and other large-scale professional uses, along with supportive services and the potential for residential uses. The BP district implements the Business Park General Plan Land Use Designation.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1981, Amended, 12/13/2022)
§ 14.09.080.020 Land Use Regulations.
Table 14.09.080.A, Land Use Regulations – Employment Zoning Districts, establishes the land use regulations for the employment zoning districts. Land uses are defined in Chapter 14.02.060 of this code, Use Classifications. In cases where a specific land use or activity is not defined, the Director of Community Development shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the table and not substantially like the uses below are prohibited. Within the Northeast Growth Area, the supplemental regulations identified in Section 14.09.080.050 are applicable. Section numbers in the right-hand column refer to other sections of this title.
TABLE 14.09.080.A, LAND USE REGULATIONS – EMPLOYMENT ZONING DISTRICTS
"P" = Permitted Use; "M" = Minor Use Permit required; "C" = Conditional Use Permit required; "–" = Use Not Allowed
Land Use Classification
IS
IP
BP
Additional Regulations
Residential Uses2
Residential Housing Types
See subclassifications below
Multi-Unit Dwelling
–
–
C
See Section 14.09.270.160, Residential Uses in Commercial and Employment Districts
Supportive Housing
–
–
P
Supportive housing is permitted provided it is consistent with California Government Code Sections 65650 – 65656.
Public and Semi-Public Uses
Colleges and Trade Schools
P
P
P
Commercial Parking Lots and Structures
P
P
P
Community Assembly
C
C
C
Day Care Centers
–
–
M
Emergency Shelter
–
–
C
Government Offices
P
P
P
Hospitals and Clinics
See subclassification below
Clinic
–
P
P
Instructional Services
P
P
P
Low-Barrier Navigation Centers
P
See Section 14.09.270.200, Low-Barrier Navigation Center Regulations.
Park and Recreation Facilities
–
C
C
Public Safety Facilities
C
C
C
Commercial Uses
Adult-Oriented Business
–
P
–
See Section 14.09.270.050, Adult-Oriented Businesses
Animal Care and Boarding
See subclassifications below
Animal Shelter and Boarding
P
–
C
Pet Day Care
P
P
C
Veterinary Services
P
P
C
Automobile/Vehicle Sales and Services
See subclassifications below
Automobile Rental
P
–
–
Automobile/Vehicle Sales and Leasing, New Vehicles
P
–
–
Automobile/Vehicle Sales and Leasing, Used Vehicles
C
–
–
Automobile/Vehicle Service and Repair, Minor
P
P
–
Automobile/Vehicle Repair, Major
P
P
–
Large Vehicle and Equipment Sales, Service, and Rental
P
P
–
Service Stations
P
P
C
Towing and Impound
C
C
–
Washing
M
C
C
Banks and Financial Services
–
P
P
Business Services
P
P
P
Commercial Entertainment and Recreation
See subclassifications below
Indoor Sports and Recreation
M
M
M
Eating and Drinking Establishments
See subclassifications below
Bars/Nightclubs/Lounges
–
C
C
See Section 14.09.270.060, Alcoholic Beverage Sales
Restaurant
–
P/C(1)
P/C(1)
See Section 14.09.270.060, Alcoholic Beverage Sales
Tasting Room
M
M
M
See Section 14.09.270.060, Alcoholic Beverage Sales
Food Preparation
P
P
P
Funeral Parlors and Interment Services
P
P
C
Offices
See subclassifications below
Business, Professional, and Technology
P
P
P
Medical and Dental
–
P
P
Personal Services
P
–
P
See Chapter 9.07 of this code, Massage Therapy Regulations
Repair and Maintenance Services
P
P
P
Retail Sales
See subclassifications below
Food and Beverage Sales
P
P
P
General Retail and Merchandise
P
P
–
Nurseries
P
P
–
Lodging
–
–
C
See Airport Environs (AE) Overlay District under Chapter 14.09.110
Industrial Uses
Construction and Material Yards
P
P
–
Contractor Shops
P
P
–
Custom and Artisan Manufacturing
P
P
P
Food and Beverage Manufacturing
See subclassifications below
Small Scale
P
P
P
Large Scale
P
P
P
General Industrial
C
P
C
Light Industrial
P
P
P
Research and Development
P
P
P
Salvage and Wrecking
–
C
–
Storage, Warehousing, and Wholesaling
See subclassifications below
Indoor
P
P
–
Outdoor
C
C
–
Personal Storage
C
C
–
May include a residential unit for a caretaker or security employee
Transportation, Communication, and Utility Uses
Airports and Heliports
–
C
C
See Section 14.09.270.110, Heliports, Helistops, and Helicopters
Communication Facilities
See subclassifications below
Facilities Within Buildings
P
P
P
Telecommunication
See Section 14.09.270.170, Telecommunication Facilities
Freight and Trucking Facilities
C
C
–
Light Fleet-Based Services
P
P
P
Public Works and Utilities
C
C
C
Recycling Facility
See subclassifications below
Reverse Vending Machines
P
–
–
See Section 14.09.270.150, Recycling Facilities
Recycling Collection Facility
C
C
–
See Section 14.09.270.150, Recycling Facilities
Recycling Processing Facility
–
C
–
See Section 14.09.270.150, Recycling Facilities
Other Uses
Accessory Uses and Structures
See Sections 14.09.200.020, Accessory Buildings and Structures, and 14.09.270.030, Accessory Uses
Animal Keeping
See Section 14.09.270.070, Animal Keeping
Digital Freeway Billboards
See Section 14.09.260.100.B, Digital Freeway Billboards
Drive-Through Facility
See Section 14.09.270.090, Drive-Through Facilities
Family Day Care
See Section 14.02.060.010, Residential Uses
Home Occupations
See Section 14.09.270.120, Home Occupations
Outdoor Dining and Seating
See Section 14.09.270.130, Outdoor Dining and Seating
Outdoor Display and Sales
See Section 14.09.270.140, Outdoor Display and Sales
Nonconforming Uses
See Chapter 14.09.220 of this code, Nonconforming Uses, Sites, and Structures
Temporary Uses
See Section 14.09.270.180, Temporary Uses
Notes:
1. Restaurants without a bar or lounge area and restaurants where less than one-third of the customer service floor area is devoted to the sale and consumption of alcoholic beverages and where serving alcoholic beverages is done only during hours of full food service operation are permitted. Restaurants with bar or lounge areas that comprise more than one-third of the customer service floor area and/or serve alcoholic beverages outside hours of full food service operation require conditional use permit approval.
2. Residential uses are subject to intensity limits set by the Nut Tree Airport environs overlay district if located in the Nut Tree Airport compatibility zone.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1981, Amended, 12/13/2022; Ord. 1995, Amended, 07/23/2024; Ord. 1996, Amended, 07/23/2024)
§ 14.09.080.030 Development Regulations.
Table 14.09.080.B, Development Regulations – Employment Zoning Districts, prescribes the development regulations for the employment zoning districts. Letters in parentheses refer to additional development standards that directly follow the table. Section numbers in the "Additional Regulations" column refer to other sections of this Zoning Ordinance.
TABLE 14.09.080.B, DEVELOPMENT REGULATIONS – EMPLOYMENT ZONING DISTRICTS
Standard
IS
IP
BP
Additional Regulations
Minimum Lot Area (square feet)
20,000
20,000
20,000
Maximum Floor Area Ratio (FAR)
0.3 (A)
0.4 (A)
0.4 (A)
See Section 14.02.030.090, Determining Floor Area Ratio
Maximum Height (feet)
30
70, up to 90 with CUP approval (B)
70, up to 90 with CUP approval (B)
See Section 14.09.200.060, Height and Height Exceptions
Or as further limited in the AE overlay district
Minimum Setbacks (feet)
Front
15 (C)
20 (C)
20 (C)
See Section 14.09.200.030, Encroachments into Required Setbacks
Corner Side
10 (C)
20 (C)
20 (C)
See Section 14.09.200.030, Encroachments into Required Setbacks
Interior Side
10 (C)
10 (C)
10 (C)
See Section 14.09.200.030, Encroachments into Required Setbacks
Rear
10 (C)
10 (C)
10 (C)
See Section 14.09.200.030, Encroachments into Required Setbacks
Freeway ROW
20
20
20
See Section 14.09.200.030, Encroachments into Required Setbacks
A. 
Additional Development Regulations.
1. 
FAR Exception, Employment Districts. An exception to the maximum FAR standard in the employment districts may be approved where the decision maker makes all of the following findings:
a. 
The proposed use provides an employment type that is determined by the decision maker to further the City's economic development goals;
b. 
Public facilities and services are available to serve the proposed use and structure; and
c. 
The proposed building massing is compatible with intended development in the zoning district.
2. 
Transitional Height Standards. Where an employment district abuts a residential district, the following height limitations apply:
a. 
Maximum height within 50 feet of a residential district boundary: 35 feet.
b. 
Maximum height between 50 and 75 feet of a residential district boundary: 50 feet.
3. 
Transitional Setback Standards. Where an employment district abuts a residential district, the following setback requirements apply:
a. 
IS District, Minimum Setback Adjacent to Residential Districts. The minimum setback from any property line adjacent to or across the street from a residential district shall be 30 feet.
b. 
IP and BP Districts, Minimum Setback Adjacent to a Residential District. The minimum setback from any property line adjacent to or across the street from a residential district shall be 50 feet, which may include landscaping and employee parking.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1981, Amended, 12/13/2022; Ord. 1996, Amended, 07/23/2024; Ord. 2011, Amended, 2/10/2026)
§ 14.09.080.040 Design Requirements.
A. 
Building Design Near Freeways. Any building visible from the freeway shall be designed with four-sided architecture where each exterior wall is designed equivalent to the primary facade in the extent of building articulation and quality of exterior materials, and consistent with the color scheme of the primary facade.
B. 
Orientation of Primary Building Entrance. The primary building entrance shall face and be oriented toward a street frontage providing access to the site.
C. 
Facade Articulation. All street-facing facades shall have at least one horizontal or vertical projection or recess at least two feet in depth for every 50 horizontal feet of wall. If located on a building with two or more stories, the articulated elements must be greater than one story in height and may be grouped together rather than spaced in 50-foot modules.
D. 
Employee Outdoor Eating or Use Areas. All new development greater than 10,000 square feet in gross floor area and additions that expand existing floor area by 25 percent and result in more than 10,000 square feet of floor area, a minimum of 150 square feet of outdoor eating or use area shall be provided for the use of employees. Outdoor employee areas shall be designed to include seating and covering to provide protection from sun and weather conditions.
E. 
Large-Scale Office and Industrial Development. All new development containing 80,000 square feet or more of floor area shall provide the following:
1. 
Open space areas equal to 10 percent of the site area, providing gathering space or opportunities for active or passive use. Open space areas shall include amenities that enhance the comfort, aesthetics, and usability of the space, including but not limited to trails/paths, benches, trees, shade structures, drinking fountains, or public art;
2. 
Pedestrian walkways that connect all parts of the park and to any existing or planned pedestrian facilities in adjacent neighborhoods; and
3. 
Stormwater detention facilities incorporated into the site landscaping as a visual amenity.
F. 
Outdoor refuse collection areas shall be screened so as not to be visible from public streets. All refuse bins shall be stored within a masonry enclosure unless they are located within a larger storage area surrounded and screened by a masonry wall.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1981, Amended, 12/13/2022; Ord. 1996, Amended, 07/23/2024)
§ 14.09.080.050 Supplemental Regulations.
A. 
Properties Within Northeast Growth Area. New development of sites located within the Northeast Growth Area shall comply with the Northeast Growth Area overlay district regulations identified in Chapter 14.09.191 of this code.
(Ord. 1981, Added, 12/13/2022)
§ 14.09.090.010 Purpose and Applicability.
A. 
The purpose of the public and semi-public zoning districts is to:
1. 
Provide land for the development of public, semi-public, and open space uses that provide services to the community and support existing and new residential, commercial, and industrial land uses;
2. 
Provide areas for educational facilities, cultural and institutional uses, health services, parks and recreation, general government operations, utility and public service needs, and other similar and related supporting uses;
3. 
Provide opportunities for outdoor recreation, and meet the recreational needs of City residents; and
4. 
Reserve areas for passive recreation, open space, and habitat protection and enhancement.
B. 
Additional Purposes of Each Public and Semi-Public Zoning District.
1. 
Public Facilities (PF). The PF district is intended to provide for a broad range of government, institutional, educational, and assembly uses, typically on large sites. The PF district implements the Public/Institutional and School General Plan Land Use Designations;
2. 
Park and Recreation (PR). The PR district is intended to maintain areas for active and passive park and recreation areas, including outdoor and indoor recreation such as playing fields, playgrounds, community centers, and other recreational uses. The PR District implements the Public Park and Private Recreation General Plan Land Use Designations; and
3. 
Open Space (OS). The OS district is intended for lands that are owned or controlled by the City, a public entity, or a nonprofit entity and lands that are designated for future acquisition that are to be preserved as permanent open space. The OS district implements the Public Open Space General Plan Land Use Designation.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1981, Amended, 12/13/2022)
§ 14.09.090.020 Land Use Regulations.
Table 14.09.090.A, Land Use Regulations – Public and Semi-Public Zoning Districts, establishes the land use regulations for the public and semi-public zoning districts. Land uses are defined in Chapter 14.02.060 of this code, Use Classifications. In cases where a specific land use or activity is not defined, the Director of Community Development shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the table and not substantially like the uses below are prohibited. Within the Northeast Growth Area, the supplemental regulations identified in Section 14.09.090.040 are applicable. Section numbers in the right-hand column refer to other sections of this title.
TABLE 14.09.090.A, LAND USE REGULATIONS – PUBLIC AND SEMI-PUBLIC ZONING DISTRICTS
"P" = Permitted Use; "M" = Minor Use Permit required; "C" = Conditional Use Permit required; "–" = Use Not Allowed
Land Use Classification
PF
PR
OS
Additional Regulations
Residential Uses1
Residential Facility, Assisted Living
M
–
–
Public/Semi-Public Uses
Campgrounds and Recreational Vehicle Parks
–
P
–
Cemeteries and Columbariums
P
–
–
Colleges and Trade Schools
P
–
–
Commercial Parking Lots and Structures
P
–
–
Community Assembly
P
P
–
Cultural Institutions
P
P
–
Day Care Centers
P
–
–
Emergency Shelter
C
–
–
Government Offices
P
–
–
Hospitals and Clinics
See subclassifications below
Clinics
P
–
–
Hospitals
C
–
–
Skilled Nursing Facility
C
–
–
Incarceration Facilities
C
–
–
Instructional Services
P
–
–
Park and Recreation Facilities
P
P
P
Public Safety Facilities
P
–
–
Schools
P
–
–
Social Service Facilities
P
–
–
Commercial Uses
Commercial Entertainment and Recreation
See subclassifications below
Indoor Sports and Recreation
P
P
–
Outdoor Entertainment
C
C
–
Outdoor Sports and Recreation
P
P
–
Farmer's Markets
P
P
–
See Section 14.09.270.100, Farmer's Market
Transportation, Communication, and Utility Uses
Airports and Heliports
C
–
–
See Section 14.09.270.110, Heliports, Helistops, and Helicopters
Communication Facilities
See subclassification below
Telecommunication
See Section 14.09.270.170, Telecommunication Facilities
Public Works and Utilities
P
C
C
Transit Stations and Terminals
P
–
–
Agricultural Uses
Urban Agriculture
See subclassifications below
Community Garden
P
P
–
See Section 14.09.270.190, Urban Agriculture
Employee Housing, Large
P
P
–
See Section 14.09.270.210, Agricultural Employee Housing.
Other Uses
Accessory Uses and Structures
See Sections 14.09.200.020, Accessory Buildings and Structures, and 14.09.270.030, Accessory Uses
Nonconforming Uses
See Chapter 14.09.220 of this code, Nonconforming Uses, Sites, and Structures
Temporary Uses
See Section 14.09.270.180, Temporary Uses
Notes:
1. Residential uses are subject to intensity limits set by the Nut Tree Airport environs overlay district if located in the Nut Tree Airport compatibility zone.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1981, Amended, 12/13/2022; Ord. 1996, Amended, 07/23/2024)
§ 14.09.090.030 Development Regulations.
Table 14.09.090.B, Development Regulations – Public and Semi-Public Zoning Districts, prescribes the development regulations for the public and semi-public zoning districts. Letters in parentheses refer to additional development standards that directly follow the table. Section numbers in the "Additional Regulations" column refer to other sections of this Zoning Ordinance.
TABLE 14.09.090.B, DEVELOPMENT REGULATIONS – PUBLIC AND SEMI-PUBLIC ZONING DISTRICTS
Standard
PF
PR
OS
Additional Regulations
Minimum Lot Area (acres)
n/a
n/a
2
Maximum Floor Area Ratio (FAR)
0.3 (A)
0.1
0.05
See Section 14.02.030.090, Determining Floor Area Ratio
Maximum Height (feet)
70, 40 within 100 feet of a residential district
30
30
See Section 14.09.200.060, Height and Height Exceptions
Minimum Setbacks (feet)
Front
20
20
30
See Section 14.09.200.030, Encroachments into Required Setbacks
Subject to adjustment procedure to reduce front setback, as approved, Chapter 14.09.310 of this code
Corner Side
20
20
30
See Section 14.09.200.030, Encroachments into Required Setbacks
Interior Side
0, equal to the height of the structure when adjacent to a residential district
10
30
See Section 14.09.200.030, Encroachments into Required Setbacks
Rear
0, equal to the height of the structure when adjacent to a residential district
10
30
See Section 14.09.200.030, Encroachments into Required Setbacks
Additional Development Regulations.
A. 
FAR Exception, PF District. An exception to the maximum FAR standard in the PF district may be approved where the decision maker makes all of the following findings:
1. 
The proposed use and structure for which the exception to the FAR standard is approved has a lower employee density or a lower peak hour traffic generation than uses generally permitted within the applicable zoning district;
2. 
Public facilities and services are available to serve the proposed use and structure; and
3. 
The proposed building massing is compatible with intended development in the zoning district.
B. 
Exceptions to Maximum Height, PR and PF Districts. An exception to the maximum height standards in the PR and PF districts may be approved by the decision maker as noted below:
1. 
Towers, spires, cupolas, water tanks, flagpoles, monuments, radio and television aerials, light poles, telecommunication equipment, transmission towers, fire towers, and similar structures and necessary mechanical appurtenances covering not more than 10 percent of the ground area covered by the structures may be erected to a height not more than 80 feet, except that structures located within 100 feet of residential properties shall be no taller than 40 feet.
2. 
Exceptions to height standards shall be subject to compliance with height limitations in the Nut Tree Airport and Travis Air Force Base compatibility plans as noted under Section 14.09.110.040, Airport Environs (AE) Overlay District, Height Limitations.
3. 
Electric utility poles and towers shall not be subject to the height limits prescribed in the district regulations.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1981, Amended, 12/13/2022; Ord. 1985, Amended, 07/25/2023)
§ 14.09.090.040 Supplemental Regulations.
A. 
Grazing. Grazing is allowed in public and semi-public zoning districts subject to the following standards:
1. 
A minimum of two acres shall be available for grazing;
2. 
Seasonal supplemental feeding is allowed;
3. 
Grazing shall not include the confining of livestock in enclosures such as feedlots or corrals where feed is provided on a regular basis; and
4. 
Weed abatement requirements shall be met.
B. 
Discontinued Use, PF District. If a use is discontinued or abandoned and the public agency owning the facility determines that the site is no longer needed for public use, the Planning Commission shall hold a public hearing in accordance with the provisions of Section 14.04.030.010, Public Hearing Procedure and Notice, to consider the appropriate rezoning of the site and shall forward a recommendation to the City Council.
C. 
Properties Within Northeast Growth Area. New development of sites located within the Northeast Growth Area shall comply with the Northeast Growth Area overlay district regulations identified in Chapter 14.09.191 of this code.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1981, Amended, 12/13/2022)
§ 14.09.100.010 Purpose.
The purposes of the agricultural buffer (AB) overlay district are:
A. 
To serve as a buffer between urban development and agricultural uses.
B. 
To protect viable agricultural operations outside the urban area (particularly crops that require irrigation, tilling, and spraying) from the intrusion of urban uses.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.100.020 Applicability.
The standards of this chapter apply to lands designated as an agricultural buffer overlay. The AB overlay shall be applied to those lands designated agricultural buffer on the General Plan land use diagram and may be applied on a case-by-case basis adjacent to grazing lands. The permitted and conditional uses within the AB overlay shall be limited to those listed in this chapter. Development within the overlay shall conform to the standards listed within this chapter in addition to the standards of the underlying zoning district.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.100.030 Permitted and Conditional Uses.
The permitted and conditional uses allowed within the AB overlay district shall be limited to the following:
A. 
Permitted Uses.
1. 
Detention basins, flood control channels, and water supply canals;
2. 
Landscaped buffer areas, walls, and fences;
3. 
Roads, driveways, and emergency accesses;
4. 
Passive recreational uses and open spaces;
5. 
Reservoirs and municipal water storage tanks;
6. 
Water wells, pump stations and other similar utility facilities; and
7. 
Other permitted uses in the underlying zoning district determined to be of similar or lower intensity than passive recreational and open space uses and to meet the purposes of this chapter.
B. 
Conditional Uses.
1. 
Alternative energy facilities.
2. 
Other conditional uses in the underlying zoning district determined to be of similar or less intensity than passive recreational and open space uses and to meet the purposes of this chapter.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.100.040 Agricultural Buffer Overlay District Standards.
A. 
The floor area ratio of a site shall not exceed 0.01 unless the decision maker finds that a higher ratio will not substantially reduce the open space utility of the agricultural buffer.
B. 
Only structures that are nonoccupied and that meet one of the following criteria are allowed:
1. 
Structures that are necessary to the maintenance of agricultural operations (e.g., pump stations);
2. 
Structures that form a portion of a landscaped separator (e.g., a sound wall);
3. 
Structures that serve a passive public recreation use; or
4. 
Structures that are adjunct to a public health and safety use of the buffer zone (e.g., storm water detention facilities).
C. 
Agricultural buffers shall contain substantial landscaping to discourage unlawful access onto the agricultural lands, and to lessen the potential impacts of typical agricultural activities on residential uses. This shall include a row of shrubs, hedges, and trees, to achieve 75 percent opacity within three years, and a fence or wall, or other combinations of fencing and landscaping determined by the decision maker to achieve the desired buffering.
D. 
The cost of the creation and ongoing maintenance of new agricultural buffers shall be funded by new development adjacent to the existing agricultural uses. Any land use approval for adjacent urban development shall include a funding and maintenance plan for the buffer area.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.100.050 Agricultural Buffers Adjacent to Grazing Land.
Where urban uses are proposed abutting grazing land outside the urban growth boundary, the decision maker shall evaluate the need for an agricultural buffer on a case-by-case basis. The width, location, design, and any special requirements for any needed agricultural buffer shall be contained in the specific plan, planned development or other land use approval for the urban use.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.110.010 Purpose.
The purpose of the airport environs (AE) overlay district is to regulate land use and development within the Nut Tree Airport compatibility areas and the Travis Air Force Base area of influence consistent with the adopted land use compatibility plans. The Nut Tree Airport and the Travis Air Force Base Airport, also referred to as Travis Airport, are important to the economic prosperity of the City. Consideration must be given to the operations of the Nut Tree and Travis Airports when development is proposed in order to ensure that a compatible balance of uses is maintained. The provisions of this chapter are established to achieve the following purposes:
A. 
To provide for the safe and orderly development of the Nut Tree Airport and the Travis Air Force Base by protecting users of the airport from hazardous encroachments into areas of navigation operation and preventing the creation of hazardous encroachments into defined airspaces;
B. 
To ensure the continued viability of the Nut Tree Airport as a general aviation facility and protect the substantial public investment in the facility;
C. 
To ensure the continued vitality of Travis Air Force Base as a military facility and to protect the substantial public investment in the facility;
D. 
To comply with the requirements of the California Public Utilities Code to protect the public health, safety, and welfare by ensuring the orderly expansion of airports and minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses;
E. 
To implement the policies of the Nut Tree Airport Land Use Compatibility Plan, adopted May 20, 2010, and the Travis Airport Land Use Compatibility Plan, adopted June 13, 2002, by the Solano County Airport Land Use Commission (ALUC);
F. 
To protect persons and property in the vicinity of the Nut Tree Airport and the Travis Airport from unreasonable hazards or impacts associated with airport operations; and
G. 
To implement the goals, objectives, and policies of the General Plan.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.110.020 Applicability.
A. 
The provisions of this chapter apply within the Nut Tree Airport compatibility areas and the Travis Air Force Base area of influence.
1. 
Nut Tree Airport Compatibility Areas. Nut Tree Airport compatibility areas include properties in the vicinity of the Nut Tree Airport which may be affected by aircraft operations, as well as areas where aircraft operations may be affected by other uses, as depicted in the Nut Tree Airport Compatibility Map, the FAA Airspace Plan and Height Limits Map, in the Nut Tree Airport Land Use Compatibility Plan.
2. 
Travis Air Force Base Area of Influence. Travis Air Force Base area of influence includes areas which may be affected by aircraft operations associated with the Travis Airport, as well as areas where aircraft operations may be affected by other uses, as depicted in the Travis Air Force Base Land Use Compatibility Plan.
B. 
Adjustments and interpretations of the boundaries of land use compatibility areas may be appropriate based upon geographic features and parcel lines not reflected in the base map. Adjustments and interpretations of the boundaries shall be referred to the Airport Land Use Commission.
C. 
Regulations in the AE overlay district modify and supplement the base zoning district regulations. In cases where the regulations of the AE overlay district conflict with the regulations of the base zoning district, the more restrictive regulations take precedence.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.110.030 Use Restrictions.
A. 
General Restrictions. Notwithstanding any other provision of this chapter, no use shall be allowed within an airport compatibility area which may produce hazards to aircraft in flight, including the following:
1. 
Glare or distracting lights which could be mistaken for airport lights;
2. 
Sources of smoke;
3. 
Sources of electrical interference with aircraft communication or navigation;
4. 
Uses, such as landfills or certain agricultural uses, which attract birds; or
5. 
Any other hazard or endangerment to the landing, takeoff, or maneuvering of aircraft using or intending to use the airport.
B. 
Nut Tree Airport Compatibility Areas Use Restrictions. Within the Nut Tree Airport compatibility areas, uses must fall within the persons per acre guidelines established with each area.
1. 
Determination Criteria. In determining whether a land use is allowed, normally not allowed, or prohibited, the following definitions shall apply:
a. 
Allowed. Allowed uses clearly meet the persons per acre criteria of the applicable compatibility area;
b. 
Normally Not Allowed. Normally not allowed uses that do not meet the persons per acre criteria of the applicable compatibility area. Such uses may only be allowed if a specific use is found by the Director of Community Development or Airport Land Use Commission (ALUC), as applicable, to meet the persons per acre criteria specified in the applicable compatibility area; and
c. 
Prohibited. Prohibited uses are incompatible with the airport or clearly do not meet the persons per acre criteria of the applicable compatibility area and are not allowed.
2. 
Compatibility Area A – Clear Area or Primary Surface. The maximum density standard is 10 persons per acre in buildings and 15 persons per acre in and out of structures. A minimum setback of 50 feet shall be required from the extended runway centerline for any structure.
a. 
Allowed Uses.
i. 
Pastures and open space;
ii. 
Parks with very low intensity uses;
iii. 
Aircraft tie-downs;
iv. 
Parking lots;
v. 
Nurseries, plant;
vi. 
Outdoor storage; and
vii. 
Any other uses which are determined by the Director of Community Development and the ALUC to not have an anticipated maximum density of more than 10 persons per acre in buildings, and not more than 15 persons per acre outside of buildings on the basis of specific floor plans and other related information.
b. 
Normally Not Allowed Uses.
i. 
Warehousing, general;
ii. 
Storage, household and business; and
iii. 
Industrial uses.
c. 
Prohibited Uses.
i. 
Any substantial assemblage of people;
ii. 
Any structure that exceeds the height limits established herein;
iii. 
Any noise sensitive uses; and
iv. 
Any residential uses.
3. 
Compatibility Area B – Inner Approach/Departure Area. The maximum density standard is 20 persons per acre in buildings and 40 persons per acre in and out of buildings.
a. 
Allowed Uses.
i. 
Allowed uses from Area A;
ii. 
Parks with low intensity uses;
iii. 
Nurseries, plant;
iv. 
Warehousing, general;
v. 
Storage, household and business;
vi. 
Industrial uses permitted pursuant to a specific plan or policy plan; and
vii. 
Any other uses which are determined by the Director of Community Development and the ALUC to not have an anticipated maximum density of more than 20 persons per acre in buildings, and not more than 40 persons per acre outside of buildings on the basis of specific floor plans and other related information.
b. 
Normally Not Allowed Uses.
i. 
Retail and general merchandise sales;
ii. 
Hotels and motels; and
iii. 
Offices, except as accessory to allowed uses.
c. 
Prohibited Uses.
i. 
Any substantial assembly of people;
ii. 
Any structure that exceeds the height limits established herein;
iii. 
Any noise sensitive uses;
iv. 
Any residential uses; and
v. 
Uses involving substantial amounts of highly flammable or explosive materials.
4. 
Compatibility Area C – Outer Approach/Departure Area or Adjacent to Runway. The maximum density standard is one dwelling unit per acre for residential uses and 50 persons per acre in buildings and 75 persons per acre total for nonresidential uses.
a. 
Allowed Uses.
i. 
Allowed uses from Area B;
ii. 
Retail and general merchandise sales, a maximum of one story, except that storage may exceed one story;
iii. 
Offices, a maximum of one story, except that storage may exceed one story;
iv. 
Banks and financial services, a maximum of one story, except that storage may exceed one story;
v. 
Automobiles and other vehicles, sales and service, new or used;
vi. 
Hotels and motels, a maximum of one story; and
vii. 
Any other uses, including multi-story buildings, which are determined by the Director of Community Development and the ALUC to not have an anticipated maximum density of more than 50 persons per acre in buildings, and not more than 75 persons per acre outside of buildings on the basis of specific floor plans and other related information.
viii. 
Area C, lying north of I-80 and extending from the Callan Street residential area on the southwest, to the Putah South Canal on the northeast, is considered to be predominantly devoted to uses consistent with Area D standards. Therefore, new uses may be approved in this area if they meet Area D standards.
b. 
Normally Not Allowed Uses.
i. 
Retail and general merchandise sales, multi-story;
ii. 
Offices, multi-story;
iii. 
Banks and financial services, multi-story;
iv. 
Theaters and meeting halls;
v. 
Churches and other religious institutions;
vi. 
Amusement arcades;
vii. 
Recreation centers;
viii. 
Restaurants and eating establishments; and
ix. 
Bars and lounges.
c. 
Prohibited Uses.
i. 
Schools, public and private;
ii. 
Libraries and museums;
iii. 
Hospitals;
iv. 
Community care facilities, large;
v. 
Noise sensitive outdoor uses; and
vi. 
New residential uses.
5. 
Compatibility Area D – Extended Approach/Departure Area. The maximum density standard is four dwelling units per acre for residential uses and 100 persons per acre in buildings and 150 persons per acre in and out of structures for other uses.
a. 
Allowed Uses.
i. 
Allowed uses from Area C;
ii. 
Restaurants and eating establishments, a maximum of one story, except that storage may be more than one story;
iii. 
Bars and lounges, a maximum of one story, except that storage may be more than one story;
iv. 
Offices, a maximum of two stories;
v. 
Banks and financial services, a maximum of two stories;
vi. 
Retail and general merchandise sales, a maximum of two stories;
vii. 
Hotels and motels, a maximum of two stories; and
viii. 
Any other uses, including multi-story buildings, which are determined by the Director of Community Development and the ALUC to not have an anticipated maximum density of more than 100 persons per acre in buildings, and not more than 150 persons per acre outside of buildings on the basis of specific floor plans and other related information.
b. 
Normally Not Allowed Uses.
i. 
New single-unit dwelling;
ii. 
Commercial centers, exceeding 500,000 square feet in area;
iii. 
Theaters and meeting halls;
iv. 
Churches and other religious institutions;
v. 
Schools, public and private;
vi. 
Libraries and museums;
vii. 
Hospitals; and
viii. 
Community care facilities, large.
c. 
Prohibited Uses. Noise sensitive outdoor uses.
d. 
Exceptions. Where substantial development already exists, additional infill development of similar land uses may be allowed to occur on parcels of three acres or less even if such land uses are prohibited elsewhere in the area.
6. 
Airport Compatibility Area E – Adjacent to Runway or Final Approach. The maximum average density standard is six dwelling units per acre for residential uses, which can be clustered to three times the average density. There shall be no maximum density standard for other uses.
a. 
Acceptable Uses. All uses are acceptable except as provided below.
b. 
Normally Not Acceptable Uses.
i. 
Schools, public and private (permanent school sites may be allowed subject to approval by the state Division of Aeronautics);
ii. 
Hospitals;
iii. 
Community care facilities, large; and
iv. 
Residential densities greater than an average of six dwelling units per acre, or a maximum of 18 dwelling units per acre, achieved through clustering.
c. 
Prohibited Uses. Highly noise sensitive uses such as amphitheaters.
d. 
Exceptions. Where substantial development already exists, additional infill development of similar land uses may be allowed to occur on parcels of three acres or less even if such land uses are prohibited elsewhere in the area.
7. 
Compatibility Area F – Other Airport Environs. All uses are acceptable except those involving large assemblages of more than 300 persons in buildings such as schools, auditoriums, etc., and captive groups of more than 100 persons in buildings such as penal institutions and large community care facilities, etc., under the direct approach pattern. Where substantial development already exists, additional infill development of similar land uses may be allowed to occur on parcels of three acres or less even if such land uses are prohibited elsewhere in the area.
C. 
Travis Air Force Base Land Use Compatibility Plan. Within the Travis Air Force Base land use compatibility areas, uses must fall within the following development conditions:
1. 
All new or expanded commercial-scale solar facilities must conduct a solar glare hazard analysis tool (SGHAT) glint and glare study for ALUC review.
2. 
Outside of the bird strike hazard zone but within the outer perimeter, any new or expanded land use that has the potential to attract the movement of wildlife that could cause bird strikes are required to prepare a wildlife hazard analysis (WHA). The boundary of the outer perimeter is shown in Figure 4 of the Travis Air Force Base Land Use Compatibility Plan and extends into the southeastern area of the City.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.110.040 Height Limitations.
The maximum height of any structure or object shall be such that no penetration of the applicable air space surface occurs.
A. 
Nut Tree Airport Compatibility Areas. The height limits are established consistent with FAR Part 77 surface identification for the Nut Tree Airport. For purposes of determining these heights, the U.S. Coast and Geodetic (based) Survey has established the runway elevation reference for the Nut Tree Airport to be 113 feet.
1. 
Maximum Height. No structure or object shall be erected, altered, maintained, or allowed to grow in excess of the height limit established for the airspace surface area in which the property is situated except as provided below.
a. 
In Compatibility Areas A, B, and C, an exception to the maximum height limits may be approved provided the decision maker determines that no reasonable use of the property is possible if the height limitations are strictly interpreted.
b. 
In Compatibility Areas D, E, and F, airport height limits shall not be less than 35 feet above the ground level.
2. 
Determination of Maximum Height. To determine the airport height limit for a specific location on a site within the airport compatibility area, it is necessary to determine the elevation of the point on the applicable airspace surface that lies directly above the location in question.
a. 
For the primary surface and the horizontal surface, the elevation of the entire surface is established as 113 feet and 263 feet, respectively.
b. 
For the transitional, approach, and conical surfaces, the elevation is a function of the horizontal distance from the primary surface and the slope of the applicable surface. For example, a location underlying the approach surface at the north end of the runway that is 5,000 feet from the primary surface, would have a maximum height limit of 213 feet above sea level. The 5,000 feet distance at a slope of one foot vertical for each 50 feet horizontal results in an increase of 100 feet over the primary surface elevation of 113 feet.
3. 
Surface Areas.
a. 
Primary Surface. "Primary surface" means a surface at an elevation of 113 feet longitudinally centered on the airport runway and extending beyond the end of a runway. The primary surface at the Nut Tree Airport is 1,000 feet in width and extends 200 feet beyond the end of the south end of the runway (Runway 2) and the end of the planned extension of the north end of the runway (Runway 20).
b. 
Approach Surface. "Approach surface" means the surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface at a defined slope. The approach surface at the Nut Tree Airport extends outward and upward from the end of the primary surface at a slope of 50 feet horizontally to one foot vertically for an initial distance of 10,000 feet and at a slope of 40 feet horizontally to one foot vertically for a distance of 40,000 feet thereafter at the north end of the runway (Runway 20) and at a slope of 34 feet horizontally to one foot vertically for a distance of 10,000 feet at the south end of the runway (Runway 2).
c. 
Transitional Surface. "Transitional surface" means the surface extending outward and upward from the sides of the primary surface and the approach surface at a slope of seven feet horizontally to one foot vertically to the intersection with the horizontal surface. The transitional surface at the Nut Tree Airport extends outward and upward from the primary surface and approach surface at a slope of seven to one to an elevation of 150 feet above the runway elevation or 263 feet mean sea level.
d. 
Horizontal Surface. "Horizontal surface" means a horizontal plane 150 feet above the established runway elevation extending from the intersection of the transitional and approach surfaces to the intersection of the conical surface with the horizontal surface. The horizontal surface at the Nut Tree Airport is 150 feet above the runway elevation of 113 feet extending out from the approach and transitional surfaces to the intersection with the conical surface at an arc radius of 10,000 feet from the center of each end of the primary surface of each runway.
e. 
Conical Surface. "Conical surface" means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet horizontally to one foot vertically for a horizontal distance of 4,000 feet.
B. 
Travis Air Force Base Area of Influence. The established runway elevation for Travis Airport is 62 feet mean sea level.
1. 
Maximum Height. No structure or object which would be of a greater height than the outer horizontal surface of 562 feet mean sea level shall be erected, altered, maintained, or allowed to grow except that the construction of objects upon land which underlies the outer horizontal surface and which penetrates the outer horizontal surface may be allowed if they conform to FAR Part 77 height limits and filing requirements, and provided that a height limit easement is granted consistent with FAR Part 77.
2. 
Notification Requirement. Any proposed structure that would penetrate the 100:1 imaginary slope identified as "FAA Construction Referral Boundary (100:1)" shall comply with the notice and filing requirements of applicable federal and state regulations.
3. 
Outer Horizontal Surface. The outer horizontal surface is defined as a plane extending for a horizontal distance of 30,000 feet from the outer periphery of the conical surface, located 500 feet above the established runway elevation.
4. 
Height Review Overlay Zone. The following criteria applies developments within the height review overlay zone as listed in Section 4.9 of the Travis Air Force Base Land Use Compatibility Plan:
a. 
Airspace review required for objects greater than 35 feet AGL;
b. 
Avigation easement dedication required;
c. 
All proposed wind turbines must meet line-of-sight criteria in Policy 5.6.1 of the Travis Air Force Base Land Use Compatibility Plan;
d. 
All new or expanded commercial-scale solar facilities must conduct an SGHAT glint and glare study for Airport Land Use Commission review; and
e. 
For areas outside of the bird strike hazard zone (See Section 4.9, Travis Air Force Base Land Use Compatibility Plan), but within the outer perimeter, any new or expanded land use involving discretionary review that has the potential to attract the movement of wildlife that could cause bird strikes are required to prepare a WHA.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.110.050 Open Land Areas Around Nut Tree Airport.
Open land areas around the Nut Tree Airport are required for emergency landings of aircraft using the Nut Tree Airport.
A. 
Required Open Land Areas. In Compatibility Areas A and B, adequate amounts of open land suitable for emergency landings shall, to the extent practical, be provided.
1. 
Amount of Area Required.
a. 
In Area A, no less than 65 percent of the site area shall be suitable open land area.
b. 
In Area B, no less than 50 percent of the site area shall be suitable open land area.
c. 
In Area C, no less than 15 percent of the site area shall be suitable open land area.
d. 
In Area D, no less than 10 percent of the site area shall be suitable open land area.
2. 
Areas Considered to Be Suitable Open Land.
a. 
Open land areas may use private or public properties and rights-of-way.
b. 
Suitable open land areas include, but are not limited to, parking lots, landscaped areas, roadways, and certain outdoor storage areas.
3. 
Standards Applicable to Open Land Areas. The following standards shall apply to the use of sites designated as open land areas:
a. 
Trees, light poles, and other similar objects shall not exceed 20 feet in height; trees shall be small varieties with small trunks and canopies;
b. 
Structures in outdoor storage areas shall not exceed 10 feet in height; and
c. 
Vehicles, equipment, and other items in outdoor storage areas shall not exceed a weight of 5,000 pounds.
B. 
Open land areas shall, to the extent possible, be located adjacent to other open land areas to provide contiguous open areas.
C. 
As a part of the review of any subdivision, design review, conditional use permit, or other approval pursuant to this code, the decision makers shall examine the feasibility of clustering development and coordinating the provision of open land between structures to provide areas for controlled emergency landings.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.110.060 Overflight Notification and Easement.
A. 
Nut Tree Airport Compatibility Areas. The following dedication of overflight easements and notice to purchasers are required within the Nut Tree Airport Compatibility Areas:
1. 
Dedication of Overflight Easements. Prior to the issuance of building permits for any new construction or the recording of any subdivision map or waiver thereof, an overflight easement shall be provided to Solano County. The overflight easement shall permit the right of flight in the airspace above the property, including the generation of noise associated with such flight, and shall provide for the regulation of the release or creation of electrical emissions which could interfere with aircraft operations. The overflight easement shall be provided in a form approved by the City Attorney and the Solano County Counsel and shall be recorded on the title of the subject property.
2. 
Notice Required. No building permit shall be issued for any new dwelling unit intended for sale, rental, or lease until the Director of Community Development approves the form, content, and method of notice by which the initial purchasers, renters, or lessees of residential property within an airport compatibility area will be informed that the area is subject to aircraft overflight. Said notices shall include, but not be limited to, a map showing the airport compatibility area, the most recent noise contours forecast, and current and anticipated flight paths.
B. 
Travis Air Force Base Area of Influence. The following dedication of overflight easement is required within the Travis Air Force Base area of influence:
1. 
Dedication of Overflight Easements in the Height Review Overlay Zone. Prior to the issuance of building permits for any new construction or the recording of any subdivision map or waiver thereof, an overflight easement shall be provided to Solano County for any project within the height review overlay zone as depicted in Figure 14.09.110.A, City of Vacaville Land Use Zoning Compatibility Map 1, and Figure 14.09.110.B, City of Vacaville Land Use Zoning Compatibility Map 2. The overflight easement shall be provided in a form approved by the City Attorney and the Solano County Counsel, shall be recorded on the title of the subject property, and include the following provisions:
a. 
Provide the right of flight in the airspace above the property;
b. 
Allow the generation of noise and other impacts associated with aircraft overflight;
c. 
Restrict the height of structures, trees and other objects;
d. 
Permit access to the property for the removal or aeronautical marking of objects exceeding the established height limit; and
e. 
Prohibit electrical interference, glare, and other potential hazards to flight from being created on the property.
FIGURE 14.09.110.A: CITY OF VACAVILLE LAND USE ZONING COMPATIBILITY MAP 1
FIGURE 14.09.110.B: CITY OF VACAVILLE LAND USE ZONING COMPATIBILITY MAP 2
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.110.070 Solano County Airport Land Use Commission (ALUC) Review.
The review and referral of development applications shall be in accordance with the latest adopted Solano County Airport Land Use Compatibility Review Procedures Manual and the following:
A. 
Referral Required. The following projects within the Nut Tree Airport compatibility area or the Travis Air Force Base area of influence shall be referred to the Solano County Airport Land Use Commission (ALUC) for a determination of consistency with the Nut Tree Airport Land Use Compatibility Plan or the Comprehensive Airport Land Use Plan for Travis Air Force Base, whichever is applicable, prior to an action being taken by the decision maker with authority over the project.
1. 
Adoption of or amendment to the General Plan.
2. 
Any proposed specific plan or policy plan or a substantial amendment to previously approved plan.
3. 
Any proposed land use action involving a question of compatibility with the airport activities, as determined by the Director of Community Development.
4. 
Any proposal for a new airport or heliport whether for public use or private use if the facility requires an airport permit or heliport permit issued by the California Department of Transportation.
5. 
Any proposal for expansion of an existing airport or heliport if such expansion will require an amended airport permit from the state of California.
6. 
A proposed zone change, zoning ordinance or building regulation or an amendment or variance to any such ordinance or regulation that may impact airport operations.
7. 
Adoption or modification of the master plan for an existing public-use airport.
8. 
A request for an exception to the airport height limits in the Nut Tree Airport compatibility areas.
9. 
Any object greater than 35 feet in height in the Travis Air Force Base influence area.
10. 
Any object greater than 200 feet tall, located anywhere within the City.
11. 
Any proposal for a digital freeway billboard located along Interstate 80 within the Nut Tree Airport area of influence.
12. 
New development and changes to existing development including landscaping, parking lot or lighting modifications within Compatibility Zone A and the north section of Zone C.
B. 
ALUC Determination.
1. 
If the ALUC determines that the project is consistent, or if amended, would be consistent, with the applicable adopted airport land use plan, the project may proceed with the applicable development review process;
2. 
If the ALUC determines that the project is not consistent with the applicable adopted airport land use plan, the City Council shall become the decision maker for the project:
a. 
The original decision maker shall make a recommendation to the City Council on whether the project is consistent with the purposes of Section 21670 of Article 3.5 of the state Public Utilities Code; and
b. 
The City Council may approve, approve with conditions, or deny the project. However, if the project involves an amendment to the General Plan, adoption of a specific plan or policy plan or a substantial amendment to such a plan, or involves the adoption of a zone change or adoption or amendment to the Zoning Ordinance, or involves an exception to the airport height limits, approval shall require that the City Council, after a public hearing, overrule the determination of the ALUC by a two-thirds vote of the governing body, and make the finding that the project is consistent with the purposes of Section 21670 of Article 3.5 of the state Public Utilities Code.
C. 
Subsequent ALUC Project Referral. A project referred to the ALUC for review shall not be required to be submitted at more than one stage of the planning process; provided, that sufficient information is included with the first referral to ensure that the applicable compatibility criteria may be evaluated.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1995, Amended, 07/23/2024; Ord. 1996, Amended, 07/23/2024)
§ 14.09.110.080 Nonconforming Uses.
For the purposes of this chapter, a nonconforming use is a use which was legally established prior to the effective date, but by reason of adoption or amendment of this code, or by reason of annexation to the City, the use no longer conforms to the regulations for the airport compatibility area in which it is located.
A. 
Regulations Not Retroactive. The regulations prescribed in this chapter shall not be construed to require the removal, lowering, or otherwise changing or altering of any structure or tree not conforming to the regulations as of the effective date of the ordinance codified in this chapter nor otherwise interfere with the continuation of a nonconforming use. Nothing contained in this chapter shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of the ordinance codified in this chapter and which is diligently prosecuted.
B. 
Existing Uses. No permit shall be granted which would allow the creation or establishment of an airport hazard or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of the ordinance codified in this chapter or any amendments since the effective date, or than it was when the application for a permit was made.
C. 
Abandonment or Destruction. Whenever the Director of Community Development determines that a nonconforming structure has been abandoned for a continuous period of 90 calendar days, or that a nonconforming structure or tree is more than 50 percent destroyed, physically deteriorated, or decayed, no permit shall be granted which would allow the tree or structure to exceed the applicable height limit or otherwise deviate from the zoning regulations except that in Compatibility Areas C, D, E, and F of the Nut Tree Airport, where an existing development on a parcel of three acres or less has been partially or fully destroyed, it may be rebuilt to a density not exceeding that of the original construction.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.110.090 Repeal of Requirements.
In the event of the closure of the Nut Tree Airport or the Travis Air Force Base, the above sections limiting the use of property in the vicinity of the facility ceasing operation for purposes of protecting the public health and safety relative to airport hazards and nuisances shall be automatically repealed upon a finding of the Director of Community Development that the facility has ceased operations and reinitiation of operations is not feasible.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.120.010 Purpose.
The hillside (H) overlay district is intended to protect the health, safety, and welfare of residents of the City by establishing regulations for managing the development of hillside areas. The specific purposes of the H overlay district are to:
A. 
Protect public health and safety by minimizing hazards, including soil erosion and fire danger associated with development on hillsides;
B. 
Preserve and enhance Vacaville's scenic character, including its natural hillsides;
C. 
Conserve the City's open spaces and significant natural features;
D. 
Respect natural features in the design and construction of hillside development; and
E. 
Design hillside development to be sensitive to existing terrain, views, and significant natural landforms and features.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.120.020 Applicability.
The provisions of this chapter apply to all ridgeline areas within proximity to ridgelines, and areas with slopes at or exceeding 25 percent for a vertical distance of 25 feet or greater.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.120.030 Prohibited Development.
No structure shall be constructed, and no grading shall occur on ridgelines or slopes at or exceeding 25 percent for a vertical distance of 25 feet or greater except as follows:
A. 
Telecommunication facilities in accordance with Section 14.09.270.170, Telecommunication Facilities, and all other provisions of this code;
B. 
Access roads determined to be necessary for public safety and where alternate locations are determined to be not available; and
C. 
Solar panels or similar structures that are low to the ground and require little or no ground alteration, subject to design review.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.120.040 Geologic Stability.
All development or grading in the hillside overlay district shall be geologically stable and safe as documented through geologic and soils engineering analysis subject to review by the City Engineer and the Building Official as determined by the Director of Community Development.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.120.050 Ridgeline Setback.
No structure shall be sited such that the top of the structure extends to within a vertical distance of 50 feet of the top of an adjoining ridgeline except as provided below.
A. 
A structure shall be exempt from the ridgeline setback to the extent that the decision maker determines that it is sited such that it will not be visible from property located in any residential district in the City.
B. 
A water storage tank which is less than 10 feet in height shall be exempt from the ridgeline setback to the extent that the decision maker determines that it will not project above the ridgeline as viewed from property located in any residential district and that it is screened by vegetation.
C. 
Telecommunication facilities may be located within the ridgeline setback area provided the decision maker makes at least one of the following findings:
1. 
The facility does not silhouette against the sky above one of the City's ridgelines as viewed from surrounding public streets or any property located in any City residential district.
2. 
The facility is on an existing multi-user site or is co-locating on an existing facility and the additional facility is designed to create no or a negligible increase in the perimeter of the existing silhouette against the sky as viewed from surrounding public streets or any property located in any residential district.
3. 
Due to existing development or existing vegetation at the site, the proposed facility will be substantially screened from the view as viewed from surrounding public streets or any property located in any residential district.
4. 
The specific location is in accordance with an approved master plan approved by the City Council.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.120.060 Excavations and Grading.
A. 
Cut slopes within the hillside overlay district are limited to 2:1 (50 percent slope) except where an engineering geologist can establish that a steeper slope would perform satisfactorily over the long term.
B. 
The outside corners or edges of all cut and fill slopes except at the tops of slopes shall be rounded to eliminate the sharp corners and shall have a minimum curvature of radius of at least five feet.
C. 
Large retaining walls in a uniform plane shall be prohibited. Retaining walls shall be divided into terraces with variations in plane and include landscaping to break up the length of walls and to screen them from view. No freestanding retaining wall located shall be higher than six feet and must incorporate a three-foot recessed offset feature every 30 feet, or other methods of articulation.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.130.010 Purpose.
The HP historic preservation overlay district provides for the identification of historically significant buildings and areas and the adoption of standards to ensure the preservation of such areas. The HP district is established to achieve the following purposes:
A. 
To implement the policies of the General Plan regarding the preservation and adaptive reuse of historic buildings;
B. 
To foster awareness of and interest in the heritage of the City of Vacaville through the designation of historic buildings and districts;
C. 
To provide for the preservation of buildings which exhibit varied architectural styles reflecting the cultural, social, and economic phases of the City's history;
D. 
To enhance property values, stimulate economic activity, and provide for the stabilization of commercial and neighborhood areas.
This chapter establishes provisions for the designation of historic buildings and historic districts, consistent with the goals, objectives, and policies of the General Plan and the Land Use and Development Code. The standards contained in and adopted pursuant to this chapter overlay those contained in the underlying zoning district relative to the modification, maintenance, or demolition of historic buildings.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.130.020 Definitions.
All words and phrases defined in this section and found in this chapter shall be used in the context of the definitions of this chapter. Other general terminology shall have the definitions assigned to them in Division 14.02, Interpretations and Definitions. Defined below are the terms used most frequently throughout this chapter.
A. 
"Alteration"
means any exterior change or modification, through public or private action, of any designated historic building or any property in an historic district including exterior changes to, or modifications of, the structure, architectural details, or visual characteristics such as color and surface texture, grading, surface paving, new structures, removal of trees and other natural features, disturbance of archaeological sites or areas and placement or removal of any exterior objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, planting and landscape accessories affecting the visual qualities of the property.
B. 
"Contributing building"
means a structure within an historic district which retains scale, mass, and other architectural characteristics to the degree that it contributes to the sense of time and place of the immediate area and the district. The building may have individual architectural significance or it may be one of a grouping of background buildings that jointly contribute to the character of the area and the district. Contributing buildings may reflect interim modifications if those modifications do not irreparably detract from the character of the building or if the modifications reflect an architectural style or particular era important to the development of the City. Contributing buildings shall also include structures that have strong historical ties to activities, events, or individuals important in the development of the City.
C. 
"Designated historic building"
means any improvement on an individual site that has been recognized by the City of Vacaville for its historical significance through application of the historic preservation overlay district.
D. 
"Exterior architectural feature"
means the architectural elements embodying style, design, general arrangement, and components of all of the outer surfaces of an improvement; the kind, color, and texture of the building materials and the type and style of all windows, doors, lights, signs, and other fixtures appurtenant to such improvement.
E. 
"Historic district"
means any area which has been recognized by the City of Vacaville for its historical significance through the application of the historical preservation overlay district.
F. 
"Improvement"
means any building, structure, place, parking facility, fence, gate, wall, work of art, or other object constituting a physical betterment of real property or any part of such betterment.
G. 
"Noncontributing building"
means a structure within an historic district that in its present condition does not contribute to the sense of time and place of the immediate area and the district. Noncontributing buildings may include buildings constructed after the time period featured in an historic district or buildings in which the historic characteristics have been irreparably modified. They may also include buildings that, while not contributing at present, may become contributing through the application of the design criteria.
H. 
"Preservation"
means the identification, study, protection, restoration, rehabilitation, or enhancement of historical improvements.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.130.030 Applicability.
The inclusion of an individual site in the historic preservation overlay district indicates that the improvement on the site has been designated by the City of Vacaville as a designated historic building. The inclusion of multiple sites in the historic preservation district indicates that the area has been designated by the City of Vacaville as an historic district.
A. 
The establishment of the historic preservation overlay district shall be subject to the provisions of Chapter 14.09.020 of this code, Amendments to Zoning Ordinance and Zoning Map, and to the additional provisions of this section.
B. 
An improvement may be designated as an historic building or an area may be designated as an historic district if it meets any of the following criteria:
1. 
Historical and Cultural Significance. The structure or district proposed for designation:
a. 
Is representative of a distinct historical period, type, style, region, or way of life;
b. 
Is or contains a type of building or buildings which was once common but now is rare;
c. 
Was connected with someone renowned or important, or a local personality;
d. 
Is connected with a business or use which once was common but now is rare;
e. 
Is representative of the work of a master builder, designer, artist, or architect whose individual style influenced the architectural character of the community;
f. 
Is associated with an important historic event or with events that have made a meaningful contribution to the nation, state, or community;
g. 
Has a high potential to yield information of archaeological interest.
2. 
Historic, Architectural, and Engineering Significance. The structure or district proposed for designation may:
a. 
Exemplify a particular architectural style or way of life important to the community;
b. 
Exemplify the best remaining examples of a particular architectural style within a neighborhood;
c. 
Embody elements of outstanding architectural or engineering design, detail, material, or craftsmanship.
3. 
Neighborhood and Geographic Setting. The structure or district proposed for designation may:
a. 
Substantially contribute to the historic character of the neighborhood;
b. 
Represent an established and familiar visual feature of the neighborhood or community by virtue of its unique location or singular physical characteristic of the structure or district proposed for designation;
c. 
Is in a geographically definable area possessing a significant concentration or continuity of site, buildings, structures, or objects, unified by past events or unified aesthetically by plan or physical development;
d. 
Is essential to the architectural or historical integrity of a proposed district.
C. 
The historic preservation overlay district shall apply to the following historic buildings and historic districts:
1. 
Main Street Vacaville Historic District.
2. 
Other areas to be determined.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.130.040 Design Review Standards.
All exterior alterations to designated historic buildings or sites in an historic district are subject to design review in accordance with the provisions of Chapter 14.09.290 of this code, Design Review.
A. 
In conjunction with the designation of an historic building or historic district, specific design review criteria shall be adopted by resolution of the City Council to establish standards for the alteration of such historic buildings.
B. 
Any development project approval related to the alteration of an historic building shall comply with the applicable design criteria adopted pursuant to this section.
C. 
Modifications to existing historic buildings in the downtown area shall comply with the Downtown Specific Plan.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023)
§ 14.09.130.050 Demolition of Historic Structures.
Demolition of a whole or substantial portion of a designated historic building or a contributing building in an historic district is prohibited unless the Planning Commission has approved such demolition through a conditional use permit in accordance with the provisions of Chapter 14.09.290 of this code, Design Review.
A. 
An approval of a conditional use permit for the demolition of a historic building pursuant to this section shall be subject to the following findings:
1. 
That one of the following situations exists:
a. 
That the subject building is in an unsafe or substandard structural condition such that rehabilitation in accordance with the design criteria is not practical; or
b. 
That the demolition of the building is part of a project that will result in significant improvement of the area in accordance with the purposes of this chapter; and
2. 
That alternatives to the demolition of the building have been evaluated and found to be unfeasible; and
3. 
That a design review application has been approved for the replacement of the building consistent with the design criteria adopted in accordance with this section.
B. 
Following the approval of a conditional use permit application, the Director of Community Development shall report the action of the Planning Commission to the City Council at the next regular meeting of the City Council.
1. 
Upon receipt of the report, the City Council may initiate, at the request of any of its members, proceedings to review the action of the Planning Commission;
a. 
Notice of a public hearing of the review shall be given in accordance with the provisions of Section 14.09.030.070, Public Notice;
b. 
The City Council shall approve, approve with modifications, or deny the conditional use permit;
2. 
If the City Council does not initiate a review of the approval at the meeting at which the report is received, and an appeal has not been filed in accordance with the provisions of Section 14.09.030.120, Appeals, the action of the Planning Commission shall become final.
C. 
No demolition permit shall be issued for a historic building and no demolition activity shall be initiated until either of the following occurs:
1. 
The action of the Planning Commission approving a conditional use permit becomes final;
2. 
The City Council approves a conditional use permit after review of the Planning Commission action.
D. 
Emergency Demolition. In the event of an emergency situation, such as a major earthquake, wherein historic buildings are damaged to the extent that they represent an imminent hazard to the public, the City Council may, by resolution, suspend the provisions of subsections A through C of this section, and authorize the immediate demolition of all or part of a designated historic building or a contributing building in an historic district, subject to the following findings:
1. 
The Building Official has determined that the subject building or buildings have been damaged to the extent that they represent an imminent hazard to the public health, safety, or welfare; and
2. 
The Building Official has determined that the unsafe or dangerous condition cannot reasonably be rectified through the provisions of the California Historic Building Code.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.130.060 Notice of Substandard Historic Buildings.
The Building Official or the Fire Marshal shall notify the Planning Commission whenever such official declares a designated historic building or a building in an historic district to be a substandard or dangerous building. Upon receipt or notice from the Building Official or Fire Marshal the Planning Commission shall evaluate the historic and architectural merit of the structure and submit an advisory report to the Building Official and the property owner within 30 calendar days.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.130.070 Routine Maintenance and Repair.
Nothing in this chapter shall be construed to prevent or to relieve a property owner of the responsibility for the routine maintenance or repair of any exterior feature in or on any designated historic building or any building in an historic district to the extent that such maintenance or repair does not constitute an alteration of such exterior feature.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.130.080 Maintenance of Exterior Features.
The owner, occupant, or other persons in actual charge of a designated historic building or a building in an historic district shall maintain all exterior and interior portions of the building or buildings as necessary to prevent deterioration and decay of any exterior architectural features.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.140.010 Purpose.
The purpose of this chapter is to identify the applicability of Lower Lagoon Valley Policy Plan and General Plan goals and policies specifically applicable to the Lower Lagoon Valley area.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.140.020 Applicability.
The Lower Lagoon Valley (LLV) overlay district applies to all use and development of properties within the boundaries of the Lower Lagoon Valley special development area shown on Figure LU-7, Areas of Special Consideration, of the General Plan and within the boundaries of the Lower Lagoon Valley Policy Plan.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.140.030 General Plan Goals and Policies.
All development within the LLV overlay district shall be consistent with the Goal LU-24 and Policy LU-P24.1 of the Vacaville General Plan Land Use Element.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.140.040 Lower Lagoon Valley Policy Plan.
All development within the LLV overlay district shall be consistent with the Lower Lagoon Valley Policy Plan.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.150.010 Purpose.
The purpose of this chapter is to identify the applicability of General Plan goals and policies specifically applicable to the Rice McMurtry area.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.150.020 Applicability.
The Rice McMurtry (RMM) overlay district applies to all use and development of properties within the boundaries of the Rice McMurtry special development area shown on Figure LU-7, Areas of Special Consideration, of the General Plan.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.150.030 General Plan Goals and Policies.
All development within the RMM overlay district shall be consistent with the Goal LU-22 and Policy LU-P22.1 of the Vacaville General Plan Land Use Element.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.160.010 Purpose.
The purpose of the residential social services (RSS) overlay district is to provide areas where social service uses are allowed as permitted uses subject to specific development standards.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.160.020 Applicability.
The standards and regulations of this chapter apply to areas designated as within the RSS overlay district on the zoning map. Except as provided in this chapter, all new structures and development, as well as alterations to existing structures, shall comply with the requirements of the base zoning district.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.160.030 Review Process.
Design review, pursuant to Chapter 14.09.290 of this code, Design Review, is required for all development within the RSS overlay district.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.160.040 Use Regulations.
In addition to the uses allowed in the base zoning district, the following uses are permitted in the residential social service (RSS) overlay district:
A. 
Emergency shelters;
B. 
Administrative offices for emergency shelters when ancillary to the primary emergency shelter use;
C. 
Accessory uses to the primary emergency shelter use, including day care space, training/classroom space for use by residents, and other similar uses.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.160.050 Development Standards.
A. 
Standards for Emergency Shelters. Emergency shelters shall have a common use kitchen and a common use living space for any dormitory style residential area and may also have individual dwelling or sleeping units with separate kitchen and living space.
B. 
Room Configuration.
1. 
261-267 Bennett Hill Court. The lower floor only for 261-267 Bennett Hill Court may be constructed in a dormitory fashion with two two-level bunk beds in each room or separate individual units for transitional housing purposes for a maximum number of beds determined through design review. Upper floor units may be constructed in a dormitory fashion or separate individual units for transitional housing purposes.
2. 
Other Locations. Buildings and rooms intended for emergency shelter residential uses may be constructed in a dormitory fashion with two two-level bunk beds in each room or separate individual units for transitional housing purposes for a maximum number of beds determined through design review.
3. 
"Dormitory fashion" shall be defined as one common interior hallway with doorways to each room directly off a hallway.
4. 
Restroom/bathroom facilities for dormitory style units shall be constructed in dormitory or locker room fashion and designed to meet the requirements and standards as established by the licensing agency for the shelter, complete with showers, as determined through design review approval and the social service oversight agency for the project.
C. 
Building Setbacks.
1. 
261-267 Bennett Hill Court. Building setbacks shall be as follows:
a. 
Front: minimum of 15 feet;
b. 
Side (north): minimum of eight feet;
c. 
Side (south): minimum of 10 feet; and
d. 
Rear: minimum of 60 feet. The rear yard setback may be reduced to no less than 20 feet provided parking lot and open space needs are provided adequately as determined through design review.
2. 
Other Locations. Building setbacks shall be consistent with the base zoning district. Additional setbacks may be required as determined on an individual site basis as project applications are filed.
D. 
Buffer Areas.
1. 
261-267 Bennett Hill Court. The rear property area and property line shall be improved with landscaping along the existing slope area and with a decorative masonry wall or decorative steel fence not less than six feet in height.
2. 
Other Locations. The property area and property lines shall be improved with landscaping along the property boundaries and with a decorative masonry wall or decorative iron fence not less than six feet in height. Location of landscaping, wall, and fence shall be determined through design review.
E. 
Parking Standards. Parking shall be provided pursuant to Chapter 14.09.230 of this code, Parking and Loading, and the following as determined through design review:
1. 
The following typical parking ratios will be subject to review for specific operating characteristics of the proposed project and may be increased or reduced from this number:
a. 
One space per independent dwelling unit or sleeping unit;
b. 
One space for every five beds in dormitory style living quarters;
c. 
One space for each office/work station within the structure or complex.
2. 
Parking for accessory uses (i.e., day care facility) shall be determined as necessary through individual project review.
3. 
Parking requirements for the use may incorporate limitations on numbers of vehicles permitted per person or per unit.
F. 
Outdoor Recreation Space Standards. The purpose of outdoor recreation space standards is to provide an adequate residential recreational environment.
1. 
The minimum outdoor recreation space shall be 200 square feet per independent dwelling unit or sleeping unit, plus additional space as determined through design review.
2. 
Separate children's play space shall be provided either within the outdoor recreation area or within a separate space on the site.
G. 
Crime Prevention Strategies. The following apply to social service facilities at locations other than 261-267 Bennett Hill Court:
1. 
All social service uses shall, as a part of site development approval, contact the Vacaville Police Department Crime Prevention Unit to prepare crime prevention strategies (i.e., Crime Free Multifamily Housing Program or other programs) that can be used on project sites as applications are filed.
2. 
Such safety and security measures shall permit the Police Department to increase security requirements if there is marked increase in crime on any site once a building is occupied.
3. 
The Police Department shall be given a 24-hour contact name and telephone number for projects while under construction and they shall submit a completed emergency contact form to the Crime Prevention Unit prior to occupancy.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.170.010 Purpose.
The purpose of the Vine Street (VS) overlay district is to guide new development in a manner that preserves and enhances the character of the areas that is defined by rolling hills, custom homes, and a rural atmosphere.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.170.020 Applicability.
The standards and regulations of this chapter apply to areas designated with an AS within the VS overlay district on the zoning map.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.170.030 Development Standards.
Except as provided in this chapter, all new structures and development, as well as alterations to existing structures, shall comply with the requirements of the base zoning district.
A. 
General Provisions. The following standards apply to all development within the VS overlay district:
1. 
Grading. Development shall be designed to minimize the amount of grading and retain the existing landform to the extent practical.
2. 
Tree Preservation. Development shall be designed to minimize the loss of existing mature trees to the extent practical.
3. 
Entry Feature. A roundabout shall be installed at the intersection of Old Vine Street and Vine Street. It is intended to serve a dual function for traffic calming and as an entry feature into the Vine Street area. Landscaping and other decorative elements shall be included as part of its design. The roundabout shall be installed by the developer of "Villages on Vine" project concurrently with the improvements to Vine Street.
4. 
Street Standards. The width of Vine Street north of the intersection with Old Vine should not exceed 36 feet (curb-to-curb). A public sidewalk is required only on one side of Vine Street. Any new public sidewalk shall be located on the east side of Vine Street unless an exception is granted through the approval of a subdivision map or parcel map.
B. 
RE District Standards. The following standards apply to all properties within the VS overlay district with the RE base zoning district.
1. 
All single unit dwellings constructed shall be "custom homes."
a. 
The floor plan and exterior elevation shall not be constructed more than once within the overlay district; and
b. 
The floor plan and elevation of each house shall be substantially different from any other house within the overlay district.
2. 
The minimum floor area of a new custom home shall be 2,250 square feet of living area, exclusive of garages, porches, or other similar nonhabitable space.
3. 
Each new custom home shall demonstrate high quality design by conforming to the following design criteria:
a. 
Roof lines shall be varied. Roof design shall include different heights and angles;
b. 
Roof materials should be tile, concrete, or material of equivalent quality as may be allowed through design review approval;
c. 
Principal exterior materials shall be stucco, wood, brick, stone, or material of equivalent quality as may be allowed through design review approval;
d. 
Exterior elevations shall include some combination of decorative features. Examples include but are not limited to: accent materials (stone, brick, or masonry), architectural projections (porches, trellis, or bay windows), variations in wall planes, and trim around windows and doors;
e. 
Accessory structures, if any, shall be designed to match the architectural design and materials of the main structure; and
f. 
Garage doors should not directly face the street. For lots where this is not practical, garage doors should be further from the street than the habitable portion of the house.
C. 
RLM District Standards. The following standards apply to all properties within the VS overlay district with the RLM base zoning district:
1. 
All dwelling units shall:
a. 
Include a variation in roof lines;
b. 
Be single story;
c. 
Have a driveway that uses decorative materials; examples include concrete with integral color, stamped concrete, or exposed aggregate or other equivalent means; and
d. 
Provide same level of architectural quality on side and rear elevations facing a street as the front elevation.
2. 
Each dwelling unit shall include a minimum of four of the following six items:
a. 
Lap or shingle siding;
b. 
Front porch;
c. 
Dormer or bay windows;
d. 
Exterior shutters;
e. 
Trim around exterior doors and windows; and
f. 
Any other comparable design feature.
D. 
RL District Standards. The following standards apply to all properties within the VS overlay district with the RL base zoning district:
1. 
All dwelling units shall:
a. 
Include a variation in roof lines;
b. 
Have a driveway that uses decorative materials; examples include concrete with integral color, stamped concrete, exposed aggregate, or other equivalent means; and
c. 
Provide same level of architectural quality on side and rear elevations facing a street as the front elevation.
2. 
Each dwelling unit shall include a minimum of five of the following seven items:
a. 
Lap or shingle siding;
b. 
Front porch;
c. 
Dormer or bay windows;
d. 
Balcony;
e. 
Exterior shutters;
f. 
Trim around exterior windows and doors; and
g. 
Any other comparable design feature.
3. 
No final subdivision map shall be approved by the City Council until a planned development permit has been approved for the design of the houses. There may be a minor variation in the number and dimensions of the residential lots shown on the final map from the approved tentative map, based on the architectural design of the houses.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.180.010 Purpose.
A. 
A planned development allows for flexibility in applying zoning regulations to encourage innovation and creativity in project concept and design. Such flexibility may be demonstrated by allowing a combination of density patterns or variations in densities that are consistent with General Plan policies. A planned development may combine different dwelling types, or a mix of land uses or may utilize a density bonus or a density transfer provision within certain zone districts.
B. 
A planned development can be used like a specific plan or a policy plan by outlining individualized development standards which provide for the planning of large-scale projects. When enough detail is known about the whole of the project, the decision maker can approve a master planned development. Where the required level of detail is not known, a planned development may provide for the phased approval of projects.
C. 
In addition, the planned development process can encompass other approvals, such as a design review or a conditional use permit, into one comprehensive review, eliminating the need for separate applications and submittals. The regulations of this chapter are established to achieve the following purposes:
1. 
To implement the goals, objectives, and policies of the General Plan, the Zoning Ordinance, and the Land Use and Development Code;
2. 
To establish the planned development, PD, designation to provide for specific project approvals, as well as a master planning process, and to facilitate the economical, efficient, and coordinated development of large areas of residential, commercial, or other nonresidential zoned lands;
3. 
To allow deviation from standard district regulations such as setbacks and lot area, to encourage flexibility and creativity in building design and site planning, and to promote a higher level of amenities beyond that expected in conventional developments, while still meeting the overall objectives of this division;
D. 
To encourage a mix of different dwelling types or a variety of land uses which complement each other and which are compatible with existing and future surrounding uses;
E. 
To provide for a process for density transfers from the AH, agricultural-hillside zone district; and
F. 
To streamline the development review process by providing for the concurrent processing of associated applications, such as a conditional use permit or a design review, thereby eliminating the need for separate applications and submittals.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.180.020 Permitting Authority.
Subject to the provisions of Division 14.01, Administration, the City Council is authorized to approve, approve with modifications, or deny a planned development. An application for a planned development may be processed concurrently with other development related applications. Each application shall be subject to the applicable approval or recommending authority as described in Division 14.01, Administration.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.180.030 Application Process and Review Procedures.
The application and review procedures, as described in Chapter 14.09.290 of this code, Design Review, shall apply to the planned development process. This includes, but is not limited to, information on fees, public notice, hearings, appeals, time extensions, and revocations. Chapter 14.09.290 of this code, Design Review, should be consulted for a thorough understanding of the review process as it pertains to the City of Vaca­ville.
A. 
A planned development may be approved, as described below:
1. 
Specific Project Approval. A planned development may be approved for an entire project; provided, that sufficient information, which includes, but is not limited to, a site plan, architectural design, size of facilities, traffic impacts, circulation plan, and site improvements, is provided for the whole project at the time of the initial submittal, and is provided at a level of detail which allows for the thorough analysis of project impacts and compliance with City standards;
2. 
Master Planned Development. For large projects where development may occur in phases, a planned development may be approved to establish a master plan for the entire project. In such cases, the initial phase of development must be approved as noted in subsection A.(1) of this section. A conceptual approval of the remaining phases may be addressed by the master planned development; provided, that sufficient project information is available which allows for the thorough analysis of the impacts of the entire project. Subsequent phases of the project shall be subject to a separate development application and approval process; and
3. 
A substantial change, as determined by the Director of Community Development, in the project description as originally approved shall require the filing of a new application for a planned development and a new approval.
B. 
The design review aspects for any unbuilt portion of a project that is approved in conjunction with a planned development shall expire 10 years after the original approval date, and a new design review approval shall be required.
C. 
The Director of Community Development may require that a tentative map application be submitted in conjunction with an application for a planned development.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.180.040 Planned Development Required.
A planned development shall be required for any development in a residential, agricultural hillside, commercial, or other nonresidential district, as described below.
A. 
A planned development shall be required for a residential development which meets any of the following criteria:
1. 
A single-family residential project with 50 units or more if exceptions to development standards or use restrictions are requested;
2. 
Multifamily projects of 10 units or more if exceptions to development standards or use restrictions are requested;
3. 
Mixed housing type projects consisting of attached and detached units;
4. 
Mixed-use projects consisting of residential uses with commercial, office, or business park development as follows:
a. 
When the multifamily uses are in a separate building(s) from the nonresidential uses;
b. 
When the multifamily uses are in the same building as the nonresidential uses and the project involves more than five units;
5. 
Projects utilizing a density transfer from a site in the AH agricultural hillside district to a site in a residential district;
6. 
Sites that were approved prior to the enactment of the ordinance codified in this section where a subsequent planned unit development was required as a condition of approval;
7. 
Projects involving a new tentative map and located in an area potentially subject to a natural or manmade geologic hazard, including hillside areas with slopes that are greater than 10 percent with a minimum vertical change of 25 feet or more;
B. 
A property owner may exercise the option of applying for a planned development for any other residential or nonresidential project in the appropriate zone district.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.180.050 Uses Allowed in a Planned Development.
A planned development shall include only uses that are allowed, either as permitted uses or conditional uses, in the underlying zone district in which the planned development is proposed to be located. A project combining residential with nonresidential uses may be located in a commercial district, in accordance with the provisions of the applicable zoning district.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.180.060 Variations in Standards.
Site standards and development standards, as established in this division, and variations in density may be modified with a planned development as follows:
A. 
Alternate standards may be approved if such standards are offset by the application of other improvements or increased standards elsewhere in the project which results in an overall benefit to the project.
B. 
Standards which may be modified include, but are not limited to, site area and minimum lot dimensions, site coverage, yard area and setbacks, heights of structures, distances between structures, off-street parking, off-street loading facilities, and landscaping.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.180.070 Findings Required for Approval.
A. 
The City Council, when approving a planned development, shall adopt findings of fact. These findings shall include, but not be limited to, the following:
1. 
That the proposed location of the planned development is in accordance with the goals, objectives, and policies of the General Plan, the Zoning Ordinance, and the Land Use and Development Code;
2. 
That the proposed location of the planned development and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare;
3. 
That the combination of different dwelling types or the variety of land uses in the development will complement each other and will be compatible with surrounding uses;
4. 
That the standards of density, site area and dimensions, site coverage, yard area, setbacks, height of structures, distances between structures, off-street parking, off-street loading facilities, and landscaping are compatible with surrounding neighborhoods;
5. 
That adequate public facilities, including water, sewer, parks, schools, and other facilities are available to serve the site or will be made available as a condition of approval to serve the proposed development, without adversely affecting the existing public facilities serving surrounding neighborhoods;
6. 
That projected traffic levels and levels of service are, or as a result of conditions of approval, will be consistent with the policies of the Transportation Element of the General Plan;
7. 
That the potential impacts to the City's inventory of residential lands have been considered.
B. 
If a project is denied, the decision maker shall adopt findings for denial.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.190.010 Purpose.
The purpose of the specific plan district is to guide new development in a manner that preserves and enhances the character of the areas that are defined in specific plan areas located on the City zoning map.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.190.020 Applicability.
The standards and regulations of this chapter apply to areas designated as a specific plan districts on the zoning map. Specific plan districts include the following:
A. 
North Village Specific Plan;
B. 
Brighton Landing Specific Plan;
C. 
Vanden Meadows Specific Plan;
D. 
The Farm at Alamo Creek Specific Plan;
E. 
Roberts Ranch Specific Plan;
F. 
Downtown Specific Plan; and
G. 
Greentree Specific Plan.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1996, Amended, 07/23/2024)
§ 14.09.190.030 Development Standards.
Except as provided in this chapter, all new structures and development, as well as alterations to existing structures, shall comply with the requirements of the applicable specific plan. Where specific plan standards do not address specific standards, the underlying zoning district standards shall apply.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.191.010 Purpose.
In accordance with General Plan Goal LU-18, the City of Vacaville shall provide for orderly, well-planned, and balanced growth in the Northeast Growth Area. Pursuant to Policy LU-P18.1, this area shall primarily be developed with job generating uses such as high-quality offices, industrial uses, and technology campuses. The purpose of this overlay district is to guide temporary or interim development in a manner that preserves existing land for future development in the Northeast Growth Area, as depicted on the City zoning map.
(Ord. 1981, Added, 12/13/2022)
§ 14.09.191.020 Applicability.
The standards and regulations of this chapter shall apply to all properties located in the Northeast Growth Area, as depicted on the City zoning map.
(Ord. 1981, Added, 12/13/2022)
§ 14.09.191.030 Permitted and Conditional Uses.
The permitted and conditional uses allowed within the Northeast Growth Area overlay district shall be limited to the following:
A. 
Permitted Uses.
1. 
Agricultural uses including crop and horticulture production;
2. 
Animal production with accessory uses including veterinarian services;
3. 
One single-family dwelling as an accessory to agricultural uses;
4. 
Water wells, pump stations and other similar utility facilities;
5. 
Roads, driveways, and emergency accesses; and
6. 
Landscaped buffer areas, walls, and fences.
B. 
Conditional Uses.
1. 
Employee housing as an accessory to agricultural uses;
2. 
Flood control channels and water supply canals;
3. 
Reservoirs and municipal water storage tanks;
4. 
Interim storage yards for off-site construction activities;
5. 
Digital freeway billboards; and
6. 
Other temporary uses.
(Ord. 1981, Added, 12/13/2022; Ord. 1995, Amended, 07/23/2024)
§ 14.09.191.040 Supplemental Regulations.
All new development located within the Northeast Growth Area shall require a conditional use permit in accordance with Chapter 14.09.300 of this code (Use Permits) and development agreement in accordance with Division 14.17 of this title (Development Agreements) to ensure that the proposed uses provide public benefits and are designed and developed to be temporary in nature such that they are not inconsistent with the City's long-term goals for the area.
(Ord. 1981, Added, 12/13/2022)
§ 14.09.200.010 Purpose and Applicability.
The purpose of this chapter is to prescribe development and site regulations that apply, except where specifically stated, to development in all zoning districts. These standards shall be used in conjunction with the standards for each zoning district established in Part II, Districts and District Regulations. In any case of conflict, the standards specific to the zoning district shall override these regulations.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.200.020 Accessory Buildings and Structures.
A. 
Applicability. The provisions of this section apply to roofed structures; for example, detached garages, carports, sheds, workshops, gazebos, and covered patios, and to open, unroofed structures such as play equipment, decks and trellises, that are over 18 inches in height that are detached from and accessory to a main building on the site. These provisions also apply:
1. 
When an accessory building or structure is attached to the main building, it shall be made structurally a part of and have a common wall or roof with the main building and shall comply in all respects with the requirements of this title applicable to the main building. Allowed building projections into yards and required building setbacks are provided in Section 14.09.200.030, Encroachments into Required Setbacks.
2. 
Where an accessory dwelling unit is located over a detached garage, the entire structure shall be considered a main building, subject to the base district standards for main buildings.
B. 
Relation to Existing Structures. A detached accessory building or structure may only be constructed on a lot on which there is a permitted main building to which the accessory building or structure is related or on an adjacent lot under the same ownership.
C. 
Development Standards. Detached accessory buildings or structures are subject to the development standards of the base zoning district except as provided below.
1. 
Height. Detached accessory buildings or structures shall not exceed the height of the main structure on the site, and are further limited as specified in subsection C.(2)(c) of this section.
2. 
Location. Detached accessory buildings or structures shall provide a minimum eight feet of separation between the main structure on the site.
a. 
Relation to Main Structure. Detached accessory buildings or structures greater than 12 feet in height shall be located to the rear of the main structure on the site as long as they comply with the required setbacks for the property.
b. 
Front and Corner Side Yards. Detached accessory buildings or structures shall not be located within any required front or corner street-side setback area.
c. 
Interior Side and Rear Yards. Detached accessory buildings or structures may be located within required interior side or rear yards in compliance with the following:
i. 
Height. Maximum 12 feet.
ii. 
Distance Between the Foundation and Property Line. Minimum three feet.
iii. 
Distance Between Eave and Property Line. Minimum two feet.
iv. 
Distance Between Accessory Structures and Other On-Site Structures. Minimum eight feet, except that the Fire Department may approve a reduction.
v. 
Distance Between Structure and Property Line Abutting an Arterial, Collector, Freeway, or Railroad ROW. Minimum five feet.
vi. 
Coverage. Maximum 35 percent of the area of the required rear yard.
D. 
Outdoor Accessory Swimming Pools. Swimming pools, including spas and any body of water having a depth of more than 18 inches, that are not completely enclosed within a building shall comply with the following standards in addition to all other applicable requirements of this code. All setbacks are measured from the water line of the pool.
1. 
Front and Corner Side Yards. Swimming pools shall not be located within a required front or corner side yard.
2. 
Interior Side and Rear Yards. Swimming pools may be located within the required rear yard and the required interior side yard when located behind the main structure provided the swimming pool is located a minimum of three feet from any property line. For the purposes of this section, where a main structure does not have a single flat wall plane forming the rear of the main structure, that flat wall plane closest to the front wall of the main structure shall be considered the rear wall of the structure.
3. 
Pool Equipment. Pool equipment, including pumps, shall be located no closer than one foot to any property line.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023)
§ 14.09.200.030 Encroachments Into Required Setbacks.
Building projections may extend into required setbacks according to the standards of Table 14.09.200.A, Allowed Projections Into Required Setbacks, subject to all applicable requirements of the Building Code. The "Limitations" column states any dimensional, area, or other limitations that apply to such elements where they project into required setbacks.
TABLE 14.09.200.A: ALLOWED PROJECTIONS INTO REQUIRED SETBACKS
Projection
Front or Corner Side Setbacks
Interior Side Setbacks
Rear Setbacks
Limitations
All projections
No projection may extend closer than three feet to an interior lot line or into a public utility easement. Where any allowance of this title conflicts with applicable building codes, the more restrictive shall apply.
Cornices, canopies, bay windows, eaves, and similar architectural features; chimneys
6 feet
2 feet
6 feet
Fire escapes required by law or public agency regulation
3 feet
3 feet
3 feet
Uncovered stairs, ramps, stoops, landings, decks, and platforms
All elements 18 inches or less above grade
May encroach but shall be a minimum of three feet from the property line
Except for vertical supports, areas 42 inches or more above the platform shall be open on at least three sides
All elements greater than 18 inches above grade
5 feet
May encroach but shall be a minimum of three feet from the property line
May encroach but shall be a minimum of six feet from the property line and cover no more than 150 square feet of the required rear yard
Covered patios, carports, solariums, and similar features
May not encroach
May encroach but shall be a minimum of five feet from the property line when located between the front and rear wall planes
May encroach but shall be a minimum of 10 feet from the property line and cover no more than 150 square feet of the required rear yard
Except for vertical supports and the cover, areas 42 inches or more above the platform or ground shall be open on at least three sides except for enclosed solariums which shall be entirely enclosed in clear material such as glass or plexiglass except for the side or sides attached to the main structure
Balconies
Balconies located on the rear elevation of a single-family residence shall comply with the rear setback for the main structure.
Ramps and similar structures that provide access for persons with disabilities
Reasonable accommodation will be made, consistent with the Americans with Disabilities Act. See Chapter 14.09.330, Reasonable Accommodation
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023; Ord. 1996, Amended, 07/23/2024)
§ 14.09.200.040 Encroachments Into Public Right-of-Way and Public Easements.
No structure or other obstruction shall be constructed or maintained upon any parkway beyond the recorded lot lines abutting a street or alley or upon a public easement except as specifically allowed in another part of this title.
A. 
Any entity having utilities located within a public easement shall have the right to remove any and all fences, structures, landscaping, or other obstructions that interfere with the easement and shall not be liable for any damages claimed by reason of the removal of the said obstruction.
B. 
No mail receptacle, mailbox, or neighborhood mailbox cluster units for the delivery of mail shall be placed or maintained on a public curb or sidewalk.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.200.050 Fences, Walls, and Hedges.
Fences, walls, dense hedges, and similar structures shall comply with the standards of this section.
A. 
Maximum Height. Fences, walls, dense hedges, and similar structures are limited to a maximum height as follows:
Table 14.09.200.B: MAXIMUM HEIGHT FOR FENCES, WALLS, DENSE HEDGES, AND SIMILAR STRUCTURES
Maximum Height
Residential District
Nonresidential District
Within front setbacks
3 feet
3 feet
Within street or corner side setbacks except within five feet of the back of sidewalk or property line
6 feet
6 feet
Within five feet of the back of sidewalk or property line
3 feet
6 feet
Within interior side or rear setbacks
6 feet
8 feet
When an interior side or rear lot abuts any of the following:
8 feet
8 feet
1. Nonresidential zoning district or nonresidential use.
2. Parking facilities with four or more parking spaces.
3. Open space and creek ways
4. An arterial or collector street
5. Where owners of both lots separated by the fence or wall agree in writing, the fence or wall is located within one foot of the lot line, any portion of the fence above six feet is not metal mesh or chain link, and any portion above six feet is at least 25% open and integrated with the lower portion of the fence or wall both structurally and aesthetically.
Outside of setbacks or property lines
6 feet
6 feet
1. 
Decorative Features. Posts, caps, and other decorative features may exceed the maximum height; provided, that the portions that exceed the height limit are not comprised of more than 10% of the length of the fence.
2. 
Noise Attenuation Fences and Walls. Fences and walls used for noise attenuation shall be the height determined by the findings of an acoustical study and may exceed the maximum height limits of this section.
B. 
Intersection and Driveway Sight Distance Visibility. Notwithstanding the requirements identified in subsection A of this section, fences, walls, trees, dense hedges, and similar elements shall comply with § 14.02.030.140, Measuring Intersection and Sight Distance Visibility.
C. 
Walls and Fences in the Right-of-Way. Front yard walls and fences may be extended into the right-of-way area behind the sidewalk. However, fences and walls may not obstruct sight distance visibility for vehicles on a driveway or street. The City may, with 30 calendar days' written notice, require the removal of a wall or fence for the maintenance of the City property or other purposes. Removal shall be at the property owner's expense. Additionally, fencing shall not obstruct access to water meters, fire hydrants, cable junction boxes, or other City or public utility equipment or devices, and it shall conform to the maximum height standards applicable to the adjacent front yards or corner side yard.
D. 
Materials. Acceptable wall and fence materials include masonry, brick, wrought iron, and wooden slats. Other materials may be allowed subject to design review approval. The use of barbed wire, razor wire, ultra-barrier, electrified, and other hazardous fencing is not permitted unless this type of fencing is required by any law or regulation of the City, the state, federal government, or other public agency or an adjustment pursuant to Chapter 14.09.310, Adjustments, and is granted upon a finding that this type of fencing is required for security or animal control purposes.
E. 
Required Perimeter Masonry Walls.
1. 
Where Required. A decorative masonry wall at least six feet in height shall be provided along the perimeter of a project site as follows:
a. 
At the perimeter of a manufactured housing park except where abutting another manufactured housing park.
b. 
Where required for noise mitigation as determined through an acoustical analysis.
i. 
The height of a masonry wall required for the mitigation of noise shall be determined by the findings of an acoustical study, but shall be no less than six feet in height.
ii. 
Berming shall be used in conjunction with a wall when an acoustical study has recommended that a wall over eight feet in height be installed.
c. 
Adjacent to community facilities, such as parks.
d. 
Adjacent to nonresidential zones or uses.
e. 
In other locations when required through a design review or other project approval in which case a fence may be allowed in lieu of a masonry wall.
2. 
Materials. Walls shall be constructed with durable and decorative materials such as split face or scored masonry block or brick. Panel or precast walls will only be permitted if they are determined by the decision maker to be of high-quality materials and design. Walls should also include vines or be constructed with materials that discourage graffiti.
3. 
Design. Walls shall include offsets, breaks, pillars, pilasters, or other decorative features to break up long expanses. The wall shall angle at the corners of street intersections to provide a larger entry landscape treatment.
4. 
Installation and Maintenance. Where private property is contiguous to public property and a wall is required, the wall shall be located one foot within the public property. The wall shall be maintained by the City through a lighting and landscape district. Installation is subject to the provisions of Division 14.12, Dedications and Improvement Requirements.
F. 
Maintenance. Fences abutting the public right-of-way or public property shall be maintained in a good state of repair. Good state of repair shall include, but not be limited to, being free of missing boards, panels, or holes, not being visibly leaning, being free of graffiti, being painted or surfaced a uniform color scheme, and being free of rot or decay. A fence that is not in a good state of repair is a public nuisance and is subject to abatement pursuant to Chapter 8.10, Abatement of Public Nuisance.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023; Ord. 2011, Amended, 2/10/2026)
§ 14.09.200.060 Heights and Height Exceptions.
The structures listed in the following table may exceed the maximum permitted building height for the district in which they are located, subject to the applicable limitations, and that no portion of a structure in excess of the building height limit provides habitable areas. Additional height above this limit may be approved with a minor use permit, pursuant to the provisions of Chapter 14.09.300, Use Permits.
Table 14.09.200.C: ALLOWED PROJECTIONS ABOVE HEIGHT LIMITS
Structures Allowed Above the Height Limit
Maximum Vertical Projection Above the Height Limit
Maximum Coverage and Locational Limitations
Skylights
1 foot
None
Chimneys
8 feet
None
Decorative features such as spires, cupolas, bell towers, domes, obelisks, flagpoles, and monuments
10 feet
Limited to a total of 20% of roof area, inclusive of all structures
Rooftop open space features such as sun decks, sunshade and windscreen devices, open trellises, and landscaping
Elevator and stair towers (for multi-unit and nonresidential buildings only)
16 feet
Limited to a total of 10% of roof area.
Shall be set back from the exterior wall one foot for every foot of projection above the height limit.
Mechanical equipment penthouses
10 feet
Limited to 60% of roof area. Shall be set back from the exterior wall one foot for every foot of projection above the height limit.
Mechanical equipment
5 feet
Shall be set back from the exterior wall one foot for every foot of projection above the height limit, no higher than the parapet or equipment screen.
Fire escapes, catwalks, and open railings required by law
No restriction
None
Telecommunications facilities, antennas, microwave equipment, and radio towers
Subject to the provisions of § 14.09.270.170, Telecommunication Facilities.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1996, Amended, 07/23/2024; Ord. 2011, Amended, 2/10/2026)
§ 14.09.200.070 Landscaping.
Landscaping shall be provided in accordance with the provisions of this section and Division 14.27, Water Efficient Landscaping.
A. 
Areas to Be Landscaped. The following areas shall be landscaped:
1. 
Required Setbacks. All required front and street side setbacks, except for areas used for exit and entry, shall be landscaped.
2. 
Common Areas. All common areas in a development shall be landscaped.
3. 
Site Perimeter. All areas between the curb and perimeter walls shall be landscaped.
4. 
Interior Property Lines Abutting Residential Districts. Whenever a nonresidential use is located adjacent to a residential district or use, a landscape buffer planted with a mix of trees and shrubs shall be provided along interior property lines. At least one tree of at least 15-gallon size shall be planted per 20 linear feet or as determined appropriate by the decision maker to create a tree canopy over the buffer yard. In addition, at least three shrubs shall be planted per 20 linear feet, or adequate number as determined by the decision maker.
a. 
Commercial or Industrial Use. Ten-foot-wide landscaped buffer yard.
b. 
Other Nonresidential Uses. Six-foot-wide landscaped buffer yard.
5. 
Areas Adjacent to Freeways. All required landscaping adjacent to Interstate 80 or Interstate 505 shall be consistent with the Vacaville Gateways Master Plan.
6. 
Building Perimeters. The portions of a nonresidential building that front a public street shall have one or more landscape planters installed along a minimum 20% of that building face. The minimum width of the planter shall be three feet. This standard does not apply where a building is located on the front or corner side property line.
7. 
Parking Areas. Parking areas as required by Chapter 14.09.230, Parking and Loading.
8. 
Storm Water Treatment Areas. Areas designated for landscape-based storm water treatment to satisfy regional storm water permit requirements.
9. 
Other Areas. All other areas of a project site not intended for a specific use, including areas planned for future phases of a phased development, shall be landscaped.
10. 
Future Development Areas. Areas planned for future phases of phased development shall be landscaped or hydroseeded unless waived by the Director of Community Development.
B. 
Sight Distance Visibility. Adequate sight distance on all streets and all intersections shall be maintained in compliance with § 14.02.030.140. Measuring Intersection and Sight Distance Visibility. Landscaping shall comply with the sight distance visibility provisions of the City's Standard Specifications, unless an alternative is determined acceptable by the decision maker.
C. 
Streetscape Landscaping and Street Trees.
1. 
Streetscape Landscaping. Streetscape landscaping adjacent to public and private streets shall be high quality design. Plant materials and design shall be compatible with the adjacent neighborhood(s). Berms and variation in plant materials are also encouraged.
2. 
Street Trees. Street trees shall be used to shade sidewalks, emphasize the neighborhood design theme, provide shade for pedestrians and bicyclists, and create improved streetscape views.
a. 
All single-unit dwellings/lots with street frontage 40 feet or greater shall include a street tree (shade tree specimen) intended to shade the public sidewalk and parking lane at maturity (minimum 15-gallon one-and-one-half-inch trunk caliper measured four feet above finished grade). Lots with frontage of less than 40 feet may include one street tree for every two lots. Street trees should be planted no more than five feet from the property line for attached sidewalk conditions or within a parkway strip for detached sidewalk conditions.
b. 
All other developments in residential districts shall include one street tree for every 50 to 75 feet of street frontage, evenly spaced within the landscaped area. The street tree shall be a minimum 15-gallon one-and-one-half-inch trunk caliper measured four feet above the finished grade.
c. 
Street trees may be located in a parkway between the curb and sidewalk, between the sidewalk and property line, or within the front or street side yard. Placement of street trees within the public right-of-way is subject to approval of the Director of Community Development and City Engineer. Trees in the parkway or adjacent to a sidewalk shall include root barriers to minimize lifting the sidewalk or street. Tree species shall be selected to minimize intrusion into the street.
d. 
Utilities, driveways, and sight-distance areas shall be planned during project design to provide for the minimum street tree standards as listed in this section.
e. 
Street tree selection shall be based on intended purpose and suitable for proposed location so that trees will not impact or interfere with power lines, hardscapes and utility lines, and adjacent properties. Trees are categorized as follows:
i. 
Small trees: under 25 feet at maturity.
ii. 
Medium trees: 25 feet to 45 feet at maturity.
iii. 
Large trees: over 45 feet at maturity.
f. 
Street tree species shall be selected to provide shade for sidewalks and trails. Acceptable street tree species shall be approved by the decision maker.
g. 
In the event a street tree is removed, a replacement street tree shall be planted in its place, or in a location to be approved by the Director of Community Development, within six months of removal.
D. 
Landscape Plan. A landscape plan demonstrating compliance with the standards of this section and Division 14.27, Water Efficient Landscaping, shall be submitted for review and approval by the Director of Community Development.
E. 
Installation.
1. 
Consistency With Approved Plans. All landscaping shall be installed consistent with approved plans and specifications, in a manner designed to promote and maintain healthy plant growth.
2. 
Timing.
a. 
Residential Single Unit Development. Landscaping shall be installed prior to final inspection of the dwelling, except as provided below:
i. 
For custom built single-unit homes, front yard and corner lot street side yard landscaping shall be installed within one year of final inspection.
b. 
Other Development. Required landscaping shall be installed prior to the issuance of a certificate of occupancy for the project. However, the Director of Community Development may permit the required landscaping to be installed within 120 calendar days after the issuance of a certificate of occupancy in special circumstances related to weather conditions or plant availability. A surety in the amount equal to 150% of the estimated cost of landscaping, including materials and labor, as well as an agreement that the required landscaping will be installed within 120 calendar days, shall be filed with the City to assure completion of landscaping installation within such time. The surety may take the form of cash deposit, irrevocable letter of credit or bond; and together with the agreement, would provide for payment to the City of any costs incurred in contracting for completion of the required landscaping.
F. 
Maintenance. All planting and other landscape elements shall be maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning, fertilizing, and regular watering. Wherever necessary, plantings shall be replaced with other plant materials to ensure continued compliance with applicable landscaping requirements. Tree removal requires a tree removal permit and is subject to replacement requirements of § 14.09.250.060. Tree Preservation.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 2011, Amended, 2/10/2026)
§ 14.09.200.080 Mechanical Equipment.
Mechanical equipment shall be screened from view from public and private property, whether developed or undeveloped, as follows:
A. 
Ground-Mounted Equipment. Ground-mounted mechanical equipment, including, but not limited to, air conditioning units, double detector check valves, electrical equipment, communication antennas, gas meters, storage tanks, and other such equipment, shall be screened by walls, fencing, or landscaping.
B. 
Roof-Mounted Equipment. Roof-mounted mechanical equipment, not including solar equipment, shall be screened by a parapet wall of equal or greater height than the highest piece of roof mounted equipment or vent except as provided below:
1. 
Roof Screens. Equipment may be screened by a separate roof screen that is architecturally integrated with the building, when the Director of Community Development determines that screening by a parapet wall is not feasible. When separate roof screens are used, roof equipment shall be grouped together to minimize the number of screened areas.
2. 
Exceptions. The Director of Community Development may approve alternatives or exceptions to screening standards for roof mounted equipment in the following situations:
a. 
Minor vents when protruding from a pitched roof area.
b. 
Individual vents when required by air quality regulations that may not be feasible to screen through an architecturally integrated element of the building.
c. 
Telecommunication equipment, when visually integrated with the building design through color, location, or construction.
d. 
Equipment that is visible from locations on properties or structures that have an elevation that is substantially greater than the project site.
C. 
Building-Mounted Equipment. All building mounted equipment, including, but not limited to, louvers, pipes, overhead doors, service doors, access ladders, downspouts, conduit and electrical service boxes, shall be painted a color that is consistent with the color scheme of the building to blend into the background of the structure or the site, unless specifically intended to be an architectural element of the building design.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 2011, Amended, 2/10/2026)
§ 14.09.200.090 Outdoor Storage.
Storage of goods, materials, machines, equipment, and inoperable vehicles or parts outside of a building for more than 72 hours shall conform to the standards in Table 14.09.200.D, Outdoor Storage Regulations. The standards in this section do not apply to temporary storage of construction materials reasonably required for construction work on the premises pursuant to a valid building permit.
TABLE 14.09.200.D: OUTDOOR STORAGE REGULATIONS
District
Outdoor Storage Permitted:
AG and AH Districts
Permitted as an accessory use where:
• Occupies less than 200 square feet or 5% of the lot area, whichever is greater. The Director of Community Development may allow additional area on properties dedicated to agricultural production for agriculture related outdoor storage; and
• Located outside of all required setbacks, parking and circulation areas, and landscaped areas.
RR and RE Districts
Permitted as an accessory use where:
• Occupies less than 200 square feet or 5% of the lot area, whichever is greater;
• Located on the rear half of the lot, outside of all required setbacks, parking and circulation areas, and landscaped areas; and
• Not visible from a public right-of-way.
RL, RLM, RM, RMHD, RH, and MHP Districts
Permitted as an accessory use where:
• Occupies less than 200 square feet;
• Located outside of all required setbacks, parking and circulation areas, and landscaped areas; and
• Not visible from a public right-of-way.
Commercial Districts
Permitted as an accessory use where:
• Occupies less than 200 square feet or 5% of the lot area, whichever is greater;
• Located on the rear half of the lot, outside of all required setbacks, parking and circulation areas, and landscaped areas; and
• Not visible from a public right-of-way.
Mixed Use Districts
Not permitted. (All storage shall be located within an enclosed building.)
Employment Districts, PF District
Permitted as an accessory use where:
• Located outside of all required setbacks, parking and circulation areas, and landscaped areas; and
• Screened with a minimum six-foot-high solid fence or wall.
PR and OS Districts
Not permitted. (All storage shall be located within an enclosed building.)
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 2011, Amended, 2/10/2026)
§ 14.09.210.010 Purpose.
The purpose of this chapter is to implement State Government Code Section 65915 et seq., as may be amended (State Density Bonus Law). This chapter also intended to incentivize development of affordable housing and implement the provisions of the City's General Plan Housing Element that promote construction of dwellings affordable to moderate, low, and very low-income households by granting density bonuses.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1996, Amended, 07/23/2024)
§ 14.09.210.020 Applicability.
This chapter shall be applicable in all zoning districts that allow residential uses.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.210.030 Density Bonus Eligibility, Calculations, and Incentives.
A. 
Minimum Requirements. Any housing development that proposes five or more units and incorporates at least one of the requirements below is eligible for density bonus:
1. 
Very Low Income. Five percent of the total units of a housing development, including a shared housing building development, for rental or sale, restricted to "very low income" households as defined in Section 50105 of the California Health and Safety Code.
2. 
Low Income. Ten percent of total units of a housing development, for rental or sale, restricted to "low income" households as defined in Section 50079.5 of the California Health and Safety Code.
3. 
Moderate Income. Ten percent of the total units of a housing development restricted to "moderate income" households as defined in Section 50093 of the California Health and Safety Code, provided that all units are offered for purchase.
4. 
Senior Housing. A senior housing development (no affordable units required), including a shared housing building development, as defined in Sections 51.3 and 51.2 of the California Civil Code, or a mobile home park (no affordable units required) that limits residency based on age requirements for housing older persons under Section 798.76 or 799.5 of the California Civil Code.
5. 
Transitional Foster Youth, Disabled Veterans, or Homeless Persons. Ten percent of the total units of a housing development for foster youth (Education Code Section 66025.9), disabled veterans (Government Code Section 18541), or homeless persons (42 U.S.C. Sec. 11301 et seq.), with rents restricted at the very low income level.
6. 
Student Housing. Twenty percent of the total units of a housing development dedicated for full-time students at accredited colleges with rents at the low-income level.
7. 
Affordable Housing. One hundred percent of all units in the development, including total units and density bonus units (excluding manager's units), restricted to lower income households (California Health and Safety Code Section 50079.5) with a maximum of 20 percent units for moderate-income households (California Health and Safety Code Section 50043).
B. 
Calculation of Bonus Units. When a housing development that conforms to the requirements specified in subsection A of this section, the number of density bonus units shall be calculated as follows:
1. 
Very Low Income. For each one percent increase above five percent in the percentage of units affordable to very low income households, the density bonus is increased by two and one-half percent up to a maximum of 35 percent.
2. 
Low Income. For each one percent increase above 10 percent in the percentage of units affordable to low-income households, the density bonus is increased by one and one-half percent up to a maximum of 35 percent.
3. 
Moderate Income. For each one percent increase above 10 percent but below 40 percent in the percentage of units affordable to moderate-income households, the density bonus is increased by one percent up to 35 percent. For each one percent increase above 40 percent in the percentage of units affordable to moderate income households, the density bonus is increased by three-and-three quarters percent up to maximum of 50 percent.
4. 
Senior Housing. The density bonus shall be 20 percent of the number of senior housing units.
5. 
Transitional Foster Youth, Disabled Veterans, or Homeless Persons. The density bonus shall be 20 percent of the number of the type of units.
6. 
Student Housing. The density bonus shall be 35 percent of the number of student housing units.
7. 
Affordable Housing. Except as otherwise provided below, the density bonus shall be 80 percent of the number of units for lower income households.
a. 
If the housing development is located within one-half mile of a major transit stop, the City shall not impose any maximum controls on density.
b. 
If the housing development is located in a very low vehicle travel area, the City shall not impose any maximum controls on density.
C. 
Number of Incentives. When a housing development that conforms to the requirements specified in subsection A. of this section, the applicant shall receive the following number of incentives or concessions:
1. 
One incentive for a project that includes at least 10 percent of the total units for lower income households, at least five percent for very low income households, or at least 10 percent for persons and families of moderate income in a development in which the units are for sale.
2. 
One incentive or concession for projects that include at least 20 percent of the total units for lower income students in a student housing development.
3. 
Two incentives or concessions for projects that include at least 17 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a development in which the units are for sale.
4. 
Three incentives or concessions for projects that include at least 24 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a development in which the units are for sale.
5. 
Four incentives or concessions for projects that include at least 16 percent of the units for very low income households or at least 45 percent for persons and families of moderate income in a development in which the units are for sale.
6. 
Five incentives or concessions for a project meeting the criteria of subsection A.(7) of this section. If the project is located within one-half mile of a major transit stop or is located in a very low vehicle travel area, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.
D. 
Childcare Facilities.
1. 
Incentives. When a housing development that conforms to the requirements specified in subsection A. of this section and includes a childcare facility as defined in California Government Code Section 65915(h) that will be located on the premises of, as part of, or adjacent to the housing development, the City shall grant either of the following if requested:
a. 
An additional density bonus in the amount of square feet of a residential space that is equal to or greater than the amount of square feet in the childcare facility; or
b. 
An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.
2. 
Findings. A housing development is eligible for the density bonus or incentive as described in this section if both the following occur:
a. 
The childcare facility will remain in operation for a period of time that is as long as or longer than the period of time during which the target units are required to remain affordable under California Government Code Section 65915(c).
b. 
Of the children who attend the childcare facility, the percentage of children of very low-income households, low-income households, or moderate-income households shall be equal to or greater than the percentage of dwelling units that are proposed to be affordable to very low-income households, low-income households, or moderate-income households.
3. 
Necessity. Notwithstanding any requirement of this section, the City is not required to provide a density bonus or incentive for a childcare facility if it finds, based upon substantial evidence, that the community already has adequate child care facilities.
E. 
Land Donation.
1. 
Incentives. When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the City as provided in this section, the applicant is entitled to a 15 percent increase above the otherwise maximum allowable residential density under the general plan land use element or zoning ordinance for the entire development. For each one percent increase above the minimum 10 percent land donation described in subsection E.(2) of this section, the density bonus shall be increased by one percent, up to a maximum 35 percent. This increase shall be in addition to any increase in density required by subsection A. of this section, up to a maximum combined density increase of 35 percent if an applicant seeks both. All density calculations resulting in fractional units shall be recorded to the next larger number. An applicant is not eligible for an increase in density bonus for the donation of land as a condition of development.
2. 
Findings. A housing development is eligible for the density bonus or incentive as described in this section if all the following occur:
a. 
The applicant will donate and transfer the land no later than the date of approval of the final subdivision map, parcel map, or residential development application.
b. 
The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low-income households in an amount of at least 10 percent of the number of residential units of the proposed development or will permit construction of a greater percentage of units if proposed by the developer.
c. 
The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned for development of lower income households and is or will be served by adequate public facilities and infrastructure.
d. 
The transferred land shall have all the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the proposed development may be subject to subsequent design review to the extent authorized by California Government Code Section 65583.2(i) if the design is not reviewed by the City before the time of transfer.
e. 
The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with California Government Code Section 65915(c), which restriction shall be recorded on the property at the time of the transfer.
f. 
The land is transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify a developer of the very low-income units and to require that the land be transferred to that developer.
g. 
The transferred land is within the boundary of the proposed housing development or within one-quarter mile of the boundary of the proposed development.
h. 
A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.
F. 
Condominium Conversions.
1. 
Incentives. The City shall grant either a density bonus or other incentives of equivalent financial value if the applicant for a conversion of existing rental apartments to condominiums agrees to provide 33 percent of the total units of the proposed condominium project as target units affordable to low- or moderate-income households, or to provide 15 percent of the total units in the condominium conversion project as target units affordable to low-income households. All such target units shall remain affordable for the period specified in California Government Code Section 65915(c). For purposes of this section, a "density bonus" means an increase in units of 25 percent over the number of apartments to be provided within the existing structure or structures proposed for conversion.
2. 
Findings. No condominium conversion is eligible for a density bonus if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were previously provided under this section or California Government Code Section 65915.
G. 
Mixed-Use Development.
1. 
Incentives. When an applicant for approval of a commercial development has entered into an agreement for partnered housing as described in California Government Code Section 65915.7 to contribute to affordable housing through a joint project or two separate projects encompassing affordable housing, the City shall grant to the commercial developer a development bonus that may include but is not limited to any of the following:
a. 
Up to a 20% increase in maximum allowable intensity in the General Plan.
b. 
Up to a 20% increase in maximum allowable floor area ratio.
c. 
Up to a 20% increase in maximum height requirements.
d. 
Up to a 20% reduction in minimum parking requirements.
e. 
Use of a limited-use/limited-application elevator for upper floor accessibility.
f. 
An exception to a zoning ordinance or other land use regulation.
2. 
Findings. A project is eligible for the density bonus or incentive as described in this section if the housing is constructed on the site of the commercial development or on a site that is all the following:
a. 
Within the boundaries of the City.
b. 
In close proximity to public amenities including schools and employment centers.
c. 
Located within one-half mile of a major transit stop as defined in subdivision (b) of Section 21155 of the California Public Resources Code.
H. 
Infill Development.
1. 
Applicability. Incentives for infill development apply to development that meets the following criteria:
a. 
Vacant or developed property, with or without existing structures, that are less than five acres and consists of:
i. 
One legal lot; or
ii. 
Two or more contiguous legal lots that are not separated by a public street.
b. 
The property is bounded on at least three sides by existing urban uses or development.
c. 
The property is served by existing water, sewer, drainage, streets, and schools; and qualified for categorical exemption under the California Environmental Quality Act, Section 15332, CEQA, Class 32.
2. 
Incentives. Density may be reduced or increased by a maximum 25% at the discretion of the decision maker.
3. 
Densities may not conflict with the maximum densities prescribed in the Travis AFB and Nut Tree Airport Plan Compatibility Zones, as applicable to the project.
(Ord. 1996, Repealed and Replaced, 07/23/2024; Ord. 2011, Amended, 2/10/2026)
§ 14.09.210.040 Procedure.
A. 
Concurrent Review. The applicant for a density bonus shall submit the request to the Director of Community Development in conjunction with the application for planned development, design review, or other application necessary for the housing development.
B. 
Completeness Review. The Director of Community Development shall notify the applicant for a density bonus whether the application is complete in accordance with the procedures found in Chapter 14.09.030 of this code, Common Procedures. If the Director of Community Development notifies the applicant that the application is deemed complete, the Director of Community Development shall include the information required by California Government Code Section 65915.
C. 
Any determination under this section shall be based on the development project at the time the application is deemed complete. The decision maker shall adjust the amount of density bonus and parking ratios awarded pursuant to this chapter based on any changes to the project during the course of development.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.210.050 Submittal Requirements.
The applicant for a density bonus shall submit the items listed below, in addition to and in conjunction with the submittal requirements for the housing development application.
A. 
Density Bonus Description. A detailed description of the requested density bonus, including:
1. 
The density and maximum number of dwelling units possible under the existing zoning without a density bonus.
2. 
The percentage increase and number of dwelling units requested above the maximum allowable density.
3. 
The number and percentage of dwelling units proposed by income level.
4. 
Any proposed occupancy restrictions, such as restrictions to occupancy by seniors or to special needs tenants, and whether the units are proposed to be offered for sale or for rent.
5. 
The method proposed to guarantee the proposed affordability levels, such as proposed deed restrictions.
B. 
Concessions and Incentives. If the applicant requests concessions or incentives, as defined in California Government Code Section 65915(k), the application shall include:
1. 
A detailed description of the requested concessions or incentives.
2. 
All documentation the applicant wishes to rely on to show how the incentive or concession would result in identifiable and actual cost reductions necessary to meet affordability levels as opposed to the project without the concessions or incentives.
C. 
Waivers and Reductions. If the applicant requests a waiver or reduction of any development standard based on an assertion that the development standard physically precludes the construction of a qualifying affordable housing development per California Government Code Section 65915(e), include the following:
1. 
A detailed description of the requested waiver or reduction of development standards.
2. 
All documentation the applicant wishes to rely on to show how the development standards physically preclude the construction of the qualified affordable housing development.
3. 
All documentation the applicant wishes to rely on to show that the waiver or reduction would not have a specific adverse impact, as defined in California Government Code Section 65589.5(d)(2), upon health, safety or the physical environment, including proposed mitigation or avoidance measures.
D. 
Parking Ratios. If the applicant requests parking ratios pursuant to California Government Code Section 65915(p), then include the following:
1. 
The requested parking ratio.
2. 
Information on the number of dwelling units and number of bedrooms in each dwelling unit.
3. 
If the application requests parking ratios per California Government Code Section 65915(p)(2) or (3), evidence to show the proposal meets the criteria in those sections, including the distance to the nearest major transit stop, information on access to and any impediment to that transit stop from the housing development, information on the service provided at the transit stop, paratransit service available and its frequency, and any occupancy restrictions proposed.
E. 
Response to Criteria. Citations to the legal standards and criteria upon which the density bonus, concession, incentive, waiver, reduction in development standards, or parking ratio is requested and an explanation, evidence, and findings showing how the applicant contends the proposal meets the applicable standards and criteria.
F. 
Fees. Fees as established by City Council resolution.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.210.060 Decision Maker.
A. 
Director or Planning Commission. Where the Director of Community Development or Planning Commission is otherwise authorized to approve the subject housing development application, that decision maker is also authorized to consider and take action on the associated applications for density bonuses, concessions and incentives, reduction in development standards, and parking ratios listed below. The density bonus review shall occur concurrently and on the same timelines as the housing development application review.
1. 
A density bonus that is less than or equal to the minimum density bonus required to be granted by state law for the number and affordability level of dwelling units and that increases the maximum allowable density by 30 percent or less.
2. 
Parking ratios pursuant to California Government Code Section 65915(p).
3. 
Decreases in minimum standards and increases in maximum standards as listed in Chapter 14.09.320 of this code, Variances.
4. 
An increase in maximum building height by up to 10 feet.
5. 
An increase in maximum site coverage by up to 10 additional percent coverage.
B. 
City Council. Any other density bonus, concession and incentive, or reduction in development standards requested shall be subject to City Council review at a public hearing. The housing development application and density bonus application shall first be referred to the Planning Commission for review and recommendation. The request shall be referred to the City Council within 60 calendar days following the Planning Commission's recommendation.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.210.070 Required Findings.
A. 
The decision maker shall review the density bonus request and may approve, approve with conditions or modifications, or deny the request based on the applicable standards and criteria found in the state density bonus law. The decision maker shall adopt findings supporting the decision.
B. 
If the application qualifies for a concession or incentive, the decision maker shall grant the concession or incentive unless it makes a written finding, based upon substantial evidence, of any of the following, or other criteria established by state law:
1. 
The concession or incentive does not result in identifiable and actual cost reductions, consistent with California Government Code Section 65915(k), to provide for affordable housing costs, as defined in California Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in California Government Code Section 65915(c).
2. 
The concession or incentive would have a specific, adverse impact, as defined in California Government Code Section 65589.5(2)(d), upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households.
3. 
The concession or incentive would be contrary to state or federal law.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.210.080 Additional Bonuses.
The City Council may, at its own discretion, approve density bonuses, concessions, and incentives in addition to the minimum required in state law, provided the Council finds the following:
A. 
The application provides affordable housing beyond the minimum percentages listed in state law.
B. 
The additional density bonus, concession or incentive is proportional to the increase in affordable housing provided beyond the minimum percentages provided in state law.
C. 
The additional density bonus, concession or incentive would not result in significant effect on the environment as defined in the California Environmental Quality Act.
D. 
The proposal otherwise meets the criteria applicable to the development application.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.210.090 Agreements and Compliance.
To ensure that the units remain available and affordable as described in the approved density bonus application, the applicant shall enter into a density bonus housing agreement with the City and record a deed restriction on the property. The density bonus housing agreement shall be recorded prior to final or parcel map approval, or, where the housing development does not include a map, prior to issuance of a building permit for any structure in the housing development. The density bonus housing agreement shall run with the land and bind on all future owners and successors in interest. The agreement shall follow a form determined by the Vacaville Director of Housing Services and be approved by the City Attorney. Where allowable by law, the agreement may require payment of a fee to cover the cost of monitoring compliance with the agreement.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.210.100 Sites Included in Two or More Consecutive Housing Element Cycles.
A. 
Pursuant to Government Code Section 65583.2(c), any nonvacant sites identified in the fifth Housing Element cycle (2015-2022) or vacant sites identified in two or more consecutive planning periods shall be provided by-right development when at least 20 percent of the units in the proposed development are affordable to lower-income households.
B. 
Housing by right is permitted on the following four Residential High Density properties when at least 20 percent of the units are affordable to lower-income households:
1. 
681 Markham (APN 129-202-010).
2. 
Leisure Town Road Apartments (1) (APN 134-020-210).
3. 
Leisure Town Road Apartments (2) (APN 134-056-010).
4. 
Vanden Townhome Site (APN 136-080-040).
C. 
These properties are illustrated on the maps on the following pages:
MARKHAM AVENUE SITES – NORTH
LEISURE TOWN APARTMENTS SITE
VANDEN TOWNHOME SITE
(Ord. 1984, Added, 07/25/2023)
§ 14.09.220.010 Purpose.
This chapter is intended to permit the continuation of uses and continued occupancy and maintenance of structures that were legally established but do not comply with all standards and requirements of this title, and that are operated in a manner that does not conflict with the General Plan. Further, this chapter is established to:
A. 
Ensure that nonconforming uses, sites, and structures do not increase in their discrepancy between existing conditions and the current standards, and requirements of this title;
B. 
Ensure that nonconforming uses, sites, and structures, once discontinued or destroyed, are replaced by those that conform to the current standards and requirements of this title;
C. 
Establish the circumstances under which a nonconforming use or structure may be continued or modified, and it provides for the removal of nonconforming uses and structures when their continuation conflicts with the General Plan and public health, safety, and general welfare.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.220.020 Applicability.
The provisions of this chapter apply to nonconforming uses, sites, and structures that were legally established but have become nonconforming by adoption of this title; as well as uses, sites, and structures that have become nonconforming due to subsequent amendments to the text of this title, or the zoning map. Any relocation, alteration, or enlargement of a nonconforming use or structure may be subject to the approval of a design review, relocation permit, or other applicable approval (see Part IV, Administration and Permits).
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.220.030 Nonconforming Uses.
A. 
Continuation of a Nonconforming Use. A legally established use that either no longer conforms to applicable regulations or is no longer a permitted use where it is located may be continued as originally approved, including uses that were permitted uses when established and are now conditional uses.
B. 
Change or Discontinuation of Nonconforming Use. Any nonconforming use that is discontinued for a continuous period of one year shall invalidate the nonconforming use, and it may not be reestablished at that location. The determination of a nonconforming use being discontinued shall be determined by the Director of Community Development.
C. 
Modifications to Nonconforming Use. When a nonconforming use occupies or partially occupies a structure that is either conforming or nonconforming to applicable provisions of this title, the use shall not be modified, moved, altered, or expanded unless required by law, or unless the moving, alteration, or expansion of the use would result in the elimination of the nonconforming use or reduce the extent of or intensity of the nonconforming use. The following exceptions shall apply:
1. 
When a nonconforming residential use occupies a structure located in an agriculture, residential, or commercial district, said structure may be moved, altered, or enlarged; provided, that:
a. 
The number of dwelling units is not increased through the alteration or enlargement; and/or
b. 
The structure and the use, if moved, complies with all provisions of the district.
2. 
A nonconforming use shall not be expanded in such a way that it would displace any conforming use occupying a structure or site.
3. 
A nonconforming use that occurs outside of structures (e.g., used car lots), may be modified with approval of a conditional use permit if the use would not expand more than 10 percent beyond the existing area used for the nonconforming use and it would not result in negative impacts to surrounding properties (e.g., traffic, noise, etc.).
4. 
The limited expansion of a nonconforming use within a commercial, business park, or industrial park zoning district (with the exception of the CR-recreation commercial district) shall be permitted with approval of a conditional use permit, as follows:
a. 
A nonresidential, nonconforming use may be expanded or altered within an existing, enclosed structure, and that the expansion does not exceed one-third of the existing floor area originally occupied by the use.
b. 
Any structural expansion shall comply with the development standards of the zoning district in which it is located.
D. 
Nonconforming Residential Uses. In an agriculture, residential, or any commercial zoning district, a nonconforming residential structure may be reconstructed, and a nonconforming residential use may be reestablished with the approval of a conditional use permit, provided the restoration is undertaken within two years from the date of destruction and is diligently pursued.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023)
§ 14.09.220.040 Nonconforming Sites.
Except as otherwise provided in this chapter, a nonconforming site may be developed; provided, that:
A. 
Any structure or development complies with the site development standards for the district, unless a standard is specifically waived, substituted, or otherwise altered through the approval of a variance, an adjustment, or a planned development. The following standards shall apply:
B. 
The site was part of a legally recorded subdivision that has an area, frontage, width, or depth that is less than the minimum required under the current zoning district provisions and shall be subject to all other applicable zoning district regulations.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.220.050 Nonconforming Structures.
The following standards shall apply to nonconforming structures:
A. 
Continuation and Maintenance. A nonconforming structure may be maintained as originally approved and/or legally established, except as otherwise provided in this chapter. Routine maintenance and repairs may be performed on a nonconforming structure.
B. 
Modifications to Nonconforming Structures. A nonconforming structure shall not be moved, altered, expanded or reconstructed in any manner which would increase the discrepancy between existing conditions and the applicable zoning district development standards (e.g., lot coverage, setbacks, building height, or the minimum distance required between structures).
C. 
Restoration or Replacement of a Damaged Nonconforming Structure. Restoration of a damaged nonconforming structure that is damaged or partially destroyed by fire, earthquake, flood, windstorm, or other calamity beyond the control of the property owner may be replaced as follows:
1. 
If the structure is damaged or partially destroyed to the extent of 50 percent or less of its replacement value, the structure may be restored; provided, that the restoration is started within two years from the date of destruction and diligently pursued to completion. Reconstruction of the structure shall not increase the discrepancy between existing conditions and the applicable zoning district development standards.
2. 
If the structure is damaged or partially destroyed to an extent greater than 50 percent of its replacement value, or is voluntarily or required by law to be demolished, the structure shall not be restored to the previous nonconforming condition, and shall be reconstructed in full conformity with the standards for the district in which the structure is located; and provided, that the restoration is started within two years from the date of destruction and diligently pursued to completion. An exception from this provision applies to single-family homes that have burned down which may be allowed to rebuild to the same dimensions (or smaller) in the same location.
3. 
The determination of the extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of rebuilding the entire structure as it existed prior to the damage. Estimates for this purpose shall be provided by the property owner or applicant and shall be subject to the approval of the Director of Community Development.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.230.010 Purpose.
The purpose of this chapter is to:
A. 
Encourage a diversity of transportation modes and a reflect a general shift away from solely automobile-oriented travel;
B. 
Require parking spaces and loading spaces for all land uses that are sufficient but not excessive in number, size, and arrangement;
C. 
Minimize the negative environmental and urban design impacts that can result from parking lots, driveways, and drive aisles within parking lots, including the urban runoff and heat island effect;
D. 
Ensure the provision of adequate bicycle parking facilities, in order to increase bicycle trips and reduce motor vehicle trips;
E. 
Establish standards and regulations for safe and well-designed parking, unloading, and vehicle circulation areas that minimize conflicts within parking lots and, where appropriate, create buffers from surrounding land uses; and
F. 
Offer flexible means of minimizing the amount of area devoted to parking by allowing reductions in the number of required spaces in transit-served locations, locations with shared parking facilities, and other situations expected to have lower vehicle parking demand.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.230.020 Applicability.
The requirements of this chapter apply to the establishment, alteration, expansion, or change in any use or structure, as provided in this section.
A. 
New Buildings and Land Uses. Parking and loading in accordance with this chapter shall be provided at the time any new building or structure is erected or any new land use is established on a site.
B. 
Existing Buildings and Land Uses. Existing buildings and land uses may be changed, altered, or enlarged as follows:
1. 
Existing Residential Buildings and Land Uses. Parking and loading in accordance with this chapter shall be provided where additional dwelling units are created through the alteration of an existing building or construction of new structures.
2. 
Existing Nonresidential Buildings and Land Uses. When a change or expansion of use or occupancy results in an increase of floor area of at least 10 percent or 1,000 square feet, whichever is smaller, additional on-site parking and loading shall be provided for such addition or enlargement, and not for the entire building or site. A change or expansion of use or occupancy that does not result in an increase of floor area shall not require additional parking or loading, as long as it remains within the same use category (e.g., a commercial use to another commercial use), but shall require additional parking or loading if changing use categories (e.g., a commercial use to an industrial use).
a. 
Parking and loading in excess of minimum requirements may be removed.
b. 
A change in occupancy is not considered a change in use unless the new occupant proposes a different use classification listed in Chapter 14.02.060 of this code, Use Classifications, than the former occupant.
c. 
Additional parking and loading spaces are not required for the reconstruction of an existing building when there is no increase in floor area.
C. 
When Constructed. Parking and loading facilities required by this chapter shall be constructed or installed prior to final inspection or the issuance of a certificate of occupancy for the uses that they serve.
D. 
Design Review. All parking and loading facilities required by this chapter shall be subject to the provisions of Chapter 14.09.290 of this code, Design Review.
E. 
Downtown Parking Assessment District. Parking and loading facilities located in the 1967 Downtown Parking Assessment District, shown in Figure 14.09.230.A, shall not be subject to the requirements of this chapter, except as follows:
1. 
Existing Parking and Loading to Be Maintained. Parcels which have received credit for existing parking in the assessment of the 1967 Downtown Parking Assessment District shall retain the number of parking spaces for which the credit was received.
2. 
New Development Above the First Story. Parking and loading in accordance with this chapter shall be provided at the time any new development is erected or new land use is established above the first story. The provided parking shall be required to meet the standards of Section 14.09.230.040, Required Parking Spaces, for the floor area above the first story only.
3. 
Waiver. The requirements of this subsection may be waived by City Council in its sound discretion as to any number of parking spaces as provided below:
a. 
Removal of Parking Spaces. Pursuant to such a waiver, prior to the removal of any existing parking spaces, the property owner shall pay to the City an amount set by resolution of the City Council for each space to be removed from parking use;
b. 
Reduction in Parking. Pursuant to such a waiver, prior to the reduction of parking spaces otherwise required to be provided for new development above the first story, the property owner shall pay to the City an amount for each parking space reduced below the required number of parking spaces as set by resolution of the City Council.
FIGURE 14.09.230.A: 1967 DOWNTOWN PARKING ASSESSMENT DISTRICT
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.230.030 General Provisions.
A. 
Existing Parking and Loading to Be Maintained. No existing parking and/or loading facilities serving any use may be reduced in amount or changed in design, location or maintenance below the requirements for such use, unless equivalent substitute facilities are provided.
B. 
Nonconforming Parking or Loading. An existing use of land or structure shall not be nonconforming solely because of a lack of on-site parking and/or loading facilities required by this chapter; provided, that facilities used for on-site parking and/or loading as of the date of adoption of this title are not reduced in number to less than what this chapter requires.
C. 
Required Location of Parking.
1. 
Residential Uses. Required parking for residential uses shall be located on the same lot as the dwelling unit or use it serves, or in an off-site facility as provided in Section 14.09.230.050.B, Off-Site Parking. Required parking may be located within a required front or street-side setback.
2. 
Nonresidential Uses. Required parking for nonresidential uses shall be located on the same lot as the use it serves, or in an off-site facility as provided in Section 14.09.230.050.B, Off-Site Parking. Required parking shall not be located within a required front or street-side setback.
D. 
Valet Parking. Valet parking is allowed if an attendant is present or an automated system is in place to move vehicles. If parking managed by an attendant is used for required parking spaces, an acceptable form of guarantee shall be filed with the Director of Community Development ensuring that an attendant will be present while the lot is in operation.
E. 
Vehicle Storage Prohibited. No required parking and/or loading facilities provided in accordance with the requirements of this chapter shall be used for the storage of inoperable vehicles for any period of time.
F. 
Repairs Prohibited. Repair work and servicing of vehicles is prohibited within required parking and/or loading facilities.
G. 
Required Accessible Parking. Accessible parking shall be provided and located in accordance with Title 15, Building, Construction and Fire Code, the California Building Code, and the Americans with Disabilities Act.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.230.040 Required Parking Spaces.
Each land use defined by Chapter 14.02.060 of this code, Use Classifications, is subject to the following minimum parking and loading requirements, unless otherwise provided elsewhere by this title.
A. 
Minimum Number of Parking Spaces. The required number of parking spaces for any use not listed in Table 14.09.230.A, Required Number of Parking Spaces, or defined by Chapter 14.02.060 of this code, Use Classifications, shall be determined by the Director of Community Development based upon the requirements for the most similar comparable use, the characteristics of the proposed use, and any other relevant information regarding parking demand, such as hours of operation or the particular nature of visitors or clientele.
TABLE 14.09.230.A: REQUIRED NUMBER OF PARKING SPACES
Land Use Classification
Required Parking Spaces
Residential Uses
The required number of parking spaces for residential uses will be that required for the residential housing type, unless otherwise specified below
Residential Housing Types
Studio unit or 1-bedroom unit: 0.5 space
2-bedroom unit: 2 spaces
Plus 1 guest space per every 3 dwelling units
3-bedroom unit: 1.5 spaces
4-bedroom unit: 2.5 spaces
Accessory Dwelling Unit
See § 14.09.270.040, Accessory Dwelling Units
Group Residential
1 space per sleeping room, or 1 space per every 2 guest beds whichever is greater
Manufactured Home Park
1 space per dwelling unit, plus 1 guest space per every 7 dwelling units
Residential Facility, Assisted Living
1 space per every 3 beds
Single Room Occupancy Units
See § 14.09.270.220, Single Room Occupancy Units
Public/Semi-Public Uses
1 space per 250 square feet, or as determined by the Director of Community Development, unless otherwise specified below
Campgrounds and Recreational Vehicle Parks
1 space per campsite
Community Assembly
1 space per every 100 square feet of assembly seating area
Day Care Centers
1 space per classroom or office, plus a pick-up/drop-off area for children of a size determined by the decision maker
Emergency Shelters
1 space per employee and 1 space per every 5 beds, or as based upon demonstrated need but not to exceed parking requirements for other residential or commercial uses within the same zone
Hospitals and Clinics
Hospitals
1 space per 1,000 square feet floor area
Clinic
1 space per 300 square feet
Skilled Nursing Facility
1 space per every 3 beds
Instructional Services
1 space per 300 square feet
Commercial Uses (including Commercial Centers)
1 space per 300 square feet, or as determined by the Director of Community Development, unless otherwise specified below
Automobile/Vehicle Sales and Services
1 space per 1,000 square feet of showroom, storage, and retail areas, plus 1 space per 300 square feet of office, plus 1 space per vehicle service bay
Commercial Entertainment and Recreation
Cinema/Theater
1 space per 100 square feet of assembly area
Eating and Drinking Establishments
1 space per 100 square feet of dining area
Funeral Parlors and Interment Services
1 space per 100 square feet of assembly area
Lodging
1 space per guest room/unit
Industrial Uses
1 space per 1,000 square feet, or as determined by the Director of Community Development, unless otherwise specified below
Contractor Shops
1 space per 1,000 square feet of outdoor display/storage, plus 1 space per 400 square feet of other area
Research and Development
1 space per 750 square feet of equipment and storage area, plus 1 space per 300 square feet of other area
Storage, Warehousing, and Wholesaling
Personal Storage
4 spaces, plus 1 space per 300 square feet of office area
Transportation, Communication, and Utility Uses
1 space per 300 square feet of office area, or as determined by the Director of Community Development
B. 
Calculation of Required Spaces. The number of required parking spaces shall be calculated according to the following rules:
1. 
Sites with Multiple Uses. If more than one use is located on a site, the number of required parking and loading spaces shall be equal to the sum of the requirements calculated separately for each use, unless a reduction is approved pursuant to Section 14.09.230.050, Parking Reductions.
2. 
Fractions. When the number of parking spaces required result in a fraction of a space, fractions of one-half or greater shall be rounded up to the nearest whole number. Fractions of less than one-half shall be rounded down.
3. 
Parking Ratios.
a. 
Floor Area. Where an on-site parking or loading requirement is stated as a ratio of parking spaces to floor area, the floor area is assumed to be gross floor area.
b. 
Bedrooms. Where a parking requirement is stated as a ratio of parking spaces to bedrooms, any rooms having the potential of being a bedroom and meeting the standards of the Building Code as a sleeping room shall be counted as a bedroom.
c. 
Seats. Where parking requirements are stated as a ratio of parking spaces to seats, each 80 inches of bench-type seating at maximum seating capacity is counted as one seat.
C. 
Additional Spaces Required. Additional off-street parking spaces may be required if the decision maker determines that the use will generate more parking than is set forth in the schedule because of increased density, intensity of use, or other factors. The determination of spaces to be provided shall be based on appropriate parking generation studies conducted by the City or by a consultant.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1996, Amended, 07/23/2024; Ord. 2011, Amended, 2/10/2026)
§ 14.09.230.050 Parking Reductions.
The number of parking spaces required by Section 14.09.230.040, Required Parking Spaces, may be reduced as follows if the decision maker determines any of the following criteria have been met. Parking reductions are cumulative for parking facilities meeting more than one of the following criteria:
A. 
Joint Use of Parking Facilities. Where a parking facility is provided that serves multiple uses, the total number of required parking spaces may be reduced by up to 25 percent if the following findings are made:
1. 
The peak hours of use will not substantially overlap or coincide to the degree that peak demand for parking spaces from all uses will be greater than the total supply of spaces;
2. 
The proposed shared parking provided will be adequate to serve each use;
3. 
Parking spaces in the shared parking facility will not be reserved for individual tenants, owners, or their visitors without approval of an overall parking management plan; and
4. 
A shared parking agreement or easement will be recorded prior to the issuance of a building permit.
B. 
Off-Site Parking. For uses other than single-unit dwellings and duplexes, off-site parking may be counted towards the required number of parking spaces, in accordance with the standards below.
1. 
On-Street Parking Spaces. On-street parking spaces along a site's corresponding frontage lines on a public or private street may be counted towards the required number of parking spaces. Where an on-street parking space is adjacent to multiple lots, the parking space shall be counted towards the use on the lot whose frontage contains more than 50 percent of the parking space length. Where on-street parking is not marked and is not otherwise painted or dedicated for another purpose, 18 lineal feet of curb space shall constitute an on-street parking space.
2. 
Off-Site Parking Facilities. Parking spaces provided in off-site parking lots or structures may count towards the required number of parking spaces, as provided below.
a. 
Located Within 1,000 Feet. Off-site parking facilities shall be located within 1,000 feet of an entrance to the use for which the spaces are required, measured by the shortest route of pedestrian access.
b. 
Parking Agreement or Easement Required. A parking agreement or easement between the property owner and the City shall be executed and recorded prior to the start of parking activities. The agreement shall include:
i. 
A guarantee among the property owner for access to and use of the parking facility; and
ii. 
A guarantee that the spaces to be provided will be maintained and reserved for the uses served for as long as such uses are in operation.
C. 
Transit Accessibility. The total number of required parking spaces may be reduced by up to 10 percent if any portion of the lot is located within 1,000 feet of a transit stop with regular scheduled service (every 30 minutes) during the weekday hours of seven a.m. to nine a.m. and five p.m. to seven p.m.
D. 
Passenger Loading Areas. If a use provides a designated passenger loading area, the total number of required parking spaces may be reduced by five parking spaces for every passenger loading area, up to a total reduction of 10 parking spaces. Additional reductions are not granted for provision of more than one space.
1. 
Passenger loading areas shall be marked and designated in accordance with Chapter 10.28 of this code, Loading and Unloading.
2. 
Passenger loading areas shall provide sufficient space for safe maneuvering.
3. 
Passenger loading areas shall not block any mode of travel in the public right-of-way.
E. 
Motorcycle Parking. Motorcycle parking may substitute for up to five percent of the required number of parking spaces. Each motorcycle space shall be at least four feet wide and seven feet deep to accommodate two-wheeled motorized vehicles, including scooters, mopeds, and similar vehicles.
F. 
Other Parking Reductions. In addition to the individual parking reduction allowed in Section 14.09.230.040, Required Parking, for any use may be reduced as follows:
1. 
Criteria for Approval. The decision maker may approve reduced parking if it finds that:
a. 
Special conditions exist that will reduce parking demand at the site. Conditions may include the nature of the proposed operation; transportation characteristics of persons residing, working, or visiting the site;
b. 
The use will be adequately served by the proposed on-site parking; and
c. 
Parking demand generated by the project will not exceed the capacity of or have a significant impact on the supply of on-street parking in the surrounding area.
2. 
Parking Demand Study. Based on the completion and submittal of a parking demand study, the decision maker may approve a reduction in the amount of parking from that otherwise required by this chapter. The parking demand study shall be developed in accordance with established professional practices, and may combine the reductions permitted by this section with additional reductions identified by the parking demand study for a maximum reduction of 90 percent.
3. 
Parking Management Plan Parking Reduction. The decision maker is authorized to reduce the parking requirements for office and other uses in this section. A parking management plan shall be submitted with an application for development approval. A reduction may be granted if the following standards are met:
a. 
The amount of reduction shall be no more than 90 percent of the parking required by this section.
b. 
The project shall have a single user/owner/management authority who is obligated to effectively exercise control over compliance with the plan.
c. 
The parking management plan shall be prepared and submitted by a registered traffic engineer and shall include data on the effectiveness of similar plans elsewhere.
d. 
The traffic management plan shall contain information on the strategies, designated parking, incentives, company vehicles, staggered work hours, and other information indicating the owner's ability and agreement to provide and enforce these elements over time.
e. 
The decision maker may impose conditions that are needed to ensure the long-term compliance with the plan, including but not limited to a reserve parking area, phasing, or contributions to transit or other alternative means of transportation.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.230.060 Bicycle Parking.
A. 
Short-Term Bicycle Parking. Short-term bicycle parking shall be provided in order to serve guests, customers, messengers, and other visitors to a site who generally stay for short periods of time.
1. 
Short-Term Bicycle Parking Required. For the following uses, the number of short-term bicycle parking spaces shall be a minimum of two parking spaces provided per use:
a. 
Multi-unit dwellings and group residential.
b. 
All public/semi-public uses.
c. 
All commercial uses unless the decision maker determines that no short-term bicycle parking is appropriate based on the use, such as automobile/vehicle repair; major.
2. 
Location. Short-term bicycle parking shall be conveniently located within 100 feet of the main entrance to the building or buildings and shall not interfere with parking or pedestrian areas.
3. 
Anchoring and Security. Bicycle parking shall require a stationary, securely anchored object to be provided to which a bicycle frame and one wheel (two points of contact) can be secured with a high-security U-shaped shackle lock if both wheels are left on the bicycle. One such object may serve multiple bicycle parking spaces.
4. 
Size and Accessibility. Each short-term bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible without moving another bicycle. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways and at least five feet from any vehicle parking spaces.
FIGURE 14.09.230.B: SHORT-TERM BICYCLE PARKING
B. 
Long-Term Bicycle Parking. Long-term bicycle parking shall be provided in order to serve residents, employees, students, commuters, and other visitors to a site who generally stay at a site for four hours or longer at a time.
1. 
Long-Term Bicycle Parking Required. Long-term bicycle parking shall be provided for the following uses:
a. 
Multi-Unit Dwellings and Group Residential. Long-term bicycle parking shall be provided at a minimum of one space per every five dwelling units.
b. 
Parking Lots and Structures. Long-term bicycle parking shall be provided at a minimum ratio of one space per 25 vehicle parking spaces.
c. 
Other Uses. Any establishment with 25 or more full time equivalent employees shall provide long-term bicycle parking equivalent to at least five percent of the number of required automobile parking spaces.
2. 
Location. Long-term bicycle parking shall be conveniently located on the same lot as the use it serves in a private or common bicycle parking area. Where a common bicycle parking area is not visible from the entrance of the building, signs located at the entrance or in an entry lobby of the building shall identify the location of common bicycle parking.
3. 
Security. Long-term bicycle parking shall be located in one of the following locations:
a. 
A private garage for an individual dwelling unit;
b. 
An enclosed bicycle locker;
c. 
A fenced, covered, and locked or guarded bicycle storage area;
d. 
A rack or stand inside a building visible from employee work areas, or within a secure/restricted bicycle storage room; or
e. 
Other secure areas approved by the Director of Community Development.
4. 
Size and Accessibility. Each long-term bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible without moving another bicycle. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways and at least five feet from any vehicle parking spaces.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.230.070 Loading.
All uses requiring the receipt or distribution of material or merchandise by vehicles and trucks shall provide off-street loading and unloading areas to handle the traffic volume and loading requirements.
A. 
Location. Loading areas shall not be located in a required front, side, or rear yard, or adjacent to a residential zoning district or a residential property. An exception may be made where the decision maker finds that:
1. 
The proposed or anticipated hours of loading and unloading do not conflict with the enjoyment or use of the adjacent property;
2. 
Street-facing loading areas will exhibit architectural treatment, or will be enhanced with landscaping, in such a way as to minimize visual and noise impacts; and
3. 
There are specific features of the site and design of the building, and/or existing development such that warrant a modification.
B. 
Design Standards.
1. 
Size and Dimensions. Each on-site loading space shall not be less than 10 feet wide, 35 feet long, and 14 feet high, exclusive of driveways for ingress and egress, maneuvering areas and setbacks. The Director of Community Development may waive the size requirements if the applicant has satisfactorily demonstrated that due to the nature of the proposed use, such size will not be necessary.
2. 
Circulation and Accessibility. Loading areas and truck parking facilities shall be accessible from a street or alley, with entrances and exits at locations approved by the City Engineer.
3. 
Screening. All loading areas and truck parking facilities shall require screening a minimum of six feet in height, consisting of one or any combination of the methods listed below:
a. 
Masonry Walls. Solid, decorative walls consisting of brick, stone, stucco, or other quality durable material approved by the Director of Community Development.
b. 
Fences. Open fences of wrought iron or similar material combined with plant materials to form an opaque screen.
c. 
Plantings. Plant materials consisting of compact evergreen plants that form an opaque screen.
4. 
Bumper Rails. Bumper rails shall be provided adjacent to loading areas and truck parking facilities, where necessary for safety or to protect private property.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.230.080 Parking Area Design Standards.
All parking areas, except those used exclusively for stacked or valet parking, shall be designed and developed consistent with the following standards. Parking areas used exclusively for stacked or valet parking are subject only to this section.
A. 
Tandem Parking. Tandem parking may be permitted to satisfy parking requirements in accordance with the following:
1. 
No more than two vehicles shall be parked in a tandem configuration.
2. 
Tandem spaces shall be assigned to a single dwelling unit or a nonresidential use.
3. 
Residential Uses. Tandem parking spaces shall not exceed 25 percent of the total number of required parking spaces. Tandem parking shall not be used to meet the guest parking requirement.
4. 
Nonresidential Uses. Tandem parking to meet parking requirements may be used for employee parking. Tandem parking spaces shall not exceed 50 percent of the total number of required parking spaces.
B. 
Circulation and Safety.
1. 
Pedestrian Access.
a. 
Connection to Public Sidewalk. An on-site walkway shall connect the main building entry to a public sidewalk on each street frontage. Such walkway shall be the shortest practical distance between the main building entry and sidewalk.
b. 
Nonresidential projects shall provide shared vehicle and pedestrian access to adjacent nonresidential properties for convenience, safety, and efficient circulation.
c. 
Walkways shall be at least four feet in width, with shading and lighting as required by the decision maker.
d. 
A joint access agreement guaranteeing the continued availability of the shared access between the properties approved by the Director of Community Development shall be executed and recorded in a form satisfactory to the City Attorney.
FIGURE 14.09.230.C: PEDESTRIAN CIRCULATION
2. 
Public Service Vehicles. Parking lots shall be designed so that sanitation, emergency, and other public service vehicles can provide service without backing up unreasonable distances or making other dangerous turns or maneuvers.
3. 
Forward Entry. Parking facilities of four or more spaces shall be provided with suitable maneuvering room so that all vehicles accessing the facility may enter an abutting street in a forward direction. Parking facilities which require vehicles to back out into the street right-of-way, including alleys, are prohibited except for single-unit dwellings and duplexes.
4. 
Driveway Dimensions.
a. 
One-Way Driveways. One-way driveways serving two garage or parking spaces or less shall have a minimum width of 12 feet. One-way driveways serving three or more garage or parking spaces shall have a minimum width of 24 feet.
b. 
Two-Way Driveways. Two-way driveways shall have a minimum width of 25 feet.
c. 
Fire Access. The minimum width of driveways providing required access for Fire Department vehicles shall be 26 feet.
C. 
Size and Dimensions of Parking Spaces and Maneuvering Aisles.
1. 
Parking Space Minimum Dimensions. Parking spaces shall meet the minimum dimensions established in Table 14.09.230.B, Parking Space Minimum Dimensions. For parking facilities with less than 20 spaces, a maximum of 40 percent of required spaces may be compact spaces. For parking facilities with 20 spaces or more, a maximum of 50 percent of required spaces may be compact spaces.
TABLE 14.09.230.B: PARKING SPACE MINIMUM DIMENSIONS
Type of Parking Space
Width (feet)
Stall Depth/Length (feet)
Standard
9
18
Compact
9
16
Parallel
10
24
Accessible
Compliant with the California Building Code
2. 
Maneuvering Aisle Minimum Dimensions. Maneuvering aisles shall meet the minimum dimensions established in Table 14.09.230.C, Drive Aisle Minimum Dimensions. Screening walls, roof support posts, columns, or other structural members shall not intrude into the required dimensions for parking spaces.
TABLE 14.09.230.C: DRIVE AISLE MINIMUM DIMENSIONS
Angle of Parking
One-Way Aisle Width (feet)
Two-Way Aisle Width (feet)
0 degrees (Parallel)
12
18
1 – 30 degrees
14
18
31 – 45 degrees
14
18
46 – 60 degrees
16
18
61 – 75 degrees
18
25
76 – 90 degrees
25
25
FIGURE 14.09.230.D: DIMENSIONS OF PARKING SPACES AND DRIVE AISLES
D. 
Striping, Marking, and Painting. Parking and loading areas, drive aisles, approach lanes, etc., shall be striped, marked, signed, and maintained in conformance with City standards. The decision maker may require the installation of additional striping and marking to facilitate safe and efficient traffic movement on and off site.
E. 
Curbing. A continuous, permanent curb at least six inches high and six inches wide shall be provided at least three feet from any wall, fence, property line, walkway, or structure.
F. 
Heat Island Reduction. In order to reduce ambient surface temperatures in parking areas, at least 50 percent of the areas not landscaped shall be shaded, of light-colored materials with a solar reflectance index of at least 29, or a combination of shading and light-colored materials.
1. 
Shade may be provided by canopies, shade structures, trees, or other equivalent mechanisms. If shade is provided by trees, the amount of required shading is to be reached within 15 years.
2. 
Trees shall be selected from a list provided by the Director of Community Development.
G. 
Lighting. Parking and loading areas shall provide sufficient illumination for security and safety, in accordance with Chapter 14.09.240 of this code, Performance Standards. In addition, parking areas shall comply with the following:
1. 
Parking areas designed to accommodate 10 or more vehicles shall be provided with a minimum of one-half foot-candle and a maximum of 3.0 foot-candles of light over the parking surface during the hours of use from one-half hour before dusk until one hour till dawn.
2. 
Lighting shall be designed to direct light and glare away from any adjoining lots, residential areas, and public streets.
3. 
Lighting design shall be coordinated with the landscape plan to ensure that vegetation growth will not substantially impair the intended illumination.
H. 
Landscaping. Parking areas designed to accommodate five or more parking spaces shall be landscaped according to the general standards of Section 14.09.200.070, Landscaping, as well as the following standards. The decision maker may approve an adjustment to the below requirements upon finding that providing the required landscaping would block access to driveways, walkways, or joint access aisles; or that significant or unusual site constraints such as site configuration, natural features, or dedications of right-of-way prevent a project from being feasible.
1. 
Residential Uses.
a. 
Perimeter Landscaping. A minimum width of five feet of landscaping shall be provided between the parking area and any property line.
b. 
Interior Landscaping. In addition to the required perimeter landscaping, an additional five percent of the gross parking lot area shall be landscaped.
2. 
Nonresidential Uses.
a. 
Perimeter Landscaping.
i. 
Adjacent to Residential Zoning District. A minimum width of 10 feet of perimeter landscaping shall be provided when adjacent to a residential zoning district.
ii. 
Other. A minimum width of five feet of perimeter landscaping shall be provided when adjacent to any other zoning district.
b. 
Interior Landscaping. In addition to the required perimeter landscaping, an additional five percent of the gross parking area shall be landscaped.
I. 
Fencing and Screening. Parking facilities for nonresidential uses established adjacent to a residential zoning district or residential property shall require screening a maximum of eight feet in height consisting of one or any combination of the methods listed below:
1. 
Masonry Walls. Solid, decorative walls consisting of brick, stone, stucco, or other quality durable material approved by the Director of Community Development.
2. 
Fences. Open fences of wrought iron or similar material combined with plant materials to form an opaque screen.
3. 
Plantings. Plant materials consisting of compact evergreen plants that form an opaque screen.
J. 
Drive-Through Facilities. Drive-through facilities shall be designed to be integrated with the surrounding parking areas. Queue lines shall contain stacking between the order board and pickup window for a minimum of four vehicles, with an additional minimum four vehicle stacking area in advance of the menu board. The decision maker may grant an exception to this requirement if the project proponent can demonstrate that the drive-through as proposed would not adversely affect the public health, safety, or welfare. Drive-through queue lines shall be screened from public streets with landscaped planter areas a minimum of 15 feet wide, or 10 feet wide if provided with a low wall.
K. 
Sight Distance. All parking and loading facilities shall be designed and constructed to provide adequate visibility at driveway and street intersections, in accordance with the provisions of Section 14.02.030.140, Measuring Intersection and Sight Distance Visibility.
L. 
Maintenance. Parking and loading facilities, including landscaped areas, shall be maintained free of refuse, debris, or other accumulated matter and shall always be kept in good repair.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.240.010 Purpose.
The purposes of this chapter are to:
A. 
Establish permissible limits and permit objective measurement of nuisances, hazards, and objectionable conditions;
B. 
Ensure that all uses will provide necessary control measures to protect the community from nuisances, hazards, and objectionable conditions; and
C. 
Protect industry from arbitrary exclusion from areas of the City.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.240.020 Applicability.
The standards of this chapter shall apply to all uses and properties existing in the City at the time of adoption of this title. The standards established by this chapter are minimum requirements and shall not be construed to prevent the City Council, the Planning Commission, or the Director of Community Development from imposing, as part of a project approval, specific conditions which may be more restrictive, in order to meet the intent of these regulations.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.240.030 General Requirements.
Land or buildings shall be used or occupied in a manner that does not create any dangerous, injurious, or noxious fire, explosive, or other hazard that would adversely affect the surrounding area.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.240.040 Measurement of Impacts.
Measurements necessary for determining compliance with the performance standards of this chapter shall be taken at the property line of the establishment or use that is the source of a potentially objectionable condition, hazard, or nuisance.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.240.050 Air Contaminants.
Uses, activities, and processes shall not operate in a manner that emits excessive dust, fumes, gases, or other particulate matter, unless authorized under federal, state, or local law. Sources of air emissions shall comply with regulations established by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the California Air Resources Board, the Yolo-Solano Air Quality Management Control District, and the Vacaville Fire Department.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.240.060 Electromagnetic Interference.
Uses, activities, and processes shall operate in a manner that does not cause electromagnetic interference with normal radio and television reception, or with the function of other electronic equipment beyond the boundaries of the subject site. Uses, activities, and processes shall comply with applicable Federal Communications Commission regulations.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.240.070 Fire and Explosion Hazards.
Uses, activities, and processes shall operate in a manner that does not create fire and explosion hazards and shall be enforced by the provisions of Chapter 8.10 of this code, Abatement of Public Nuisance. Fire alarms and fire suppression equipment and devices standard in industry shall be subject to approval by the Fire Department and shall comply with the California Fire Code (CFC) and National Fire Protection Association Standards (NFPA).
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.240.080 Hazardous Materials.
Uses, activities, and processes involving the handling, use, transport, or storage of hazardous materials shall comply with the regulations of Title 8, Health and Safety, and Title 15, Building, Construction and Fire Code, as well as the regulations established by the Solano County Department of Environmental Health and the California Department of Health Services.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.240.090 Heat and Humidity.
Uses, activities, and processes shall not produce any emissions of heat or humidity that cause distress, physical discomfort, or injury to a reasonable person of normal sensitivity, or interfere with the ability to perform work tasks or conduct other customary activities off site or to an adjacent use on the same site.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.240.100 Hours of Operation and Construction.
A. 
Hours of operation for all uses, activities, and processes may be regulated as determined by the decision maker, through the conditions of project approval, in order to mitigate impacts on surrounding uses and ensure compliance with the provisions of this title.
B. 
No construction or grading equipment shall be operated nor any outdoor construction or repair work shall be permitted within 500 feet from any occupied residence between dusk (one-half hour after sunset) and 7:00 a.m. Monday through Saturday, and no such grading or construction activities shall be allowed on Sundays or holidays except as provided for herein:
1. 
Interior work which would not create noise or disturbance noticeable to a reasonable person of normal sensitivity in the surrounding neighborhood shall not be subject to these restrictions;
2. 
Construction or repair work performed by or under the direction of a homeowner at his or her residence is exempt from these restrictions on Sundays and holidays, but such construction or repair work shall be limited to the hours between 8:00 a.m. and dusk.
C. 
A request for an exception to the permitted construction hours and days may be granted by the Director for emergency work, to offset project delays due to inclement weather, for 24-hour construction projects, or other similar occurrences.
D. 
City projects undertaken by or on behalf of the City's Public Works Department shall be exempt from these provisions.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 2011, Amended, 2/10/2026)
§ 14.09.240.110 Light and Glare.
All exterior lighting shall comply with the provisions of the appropriate zone's supplemental standards section and shall be enforced through Division 14.25, Enforcement Procedures.
A. 
Lighting shall be shielded and directed so as not to create a hazard or nuisance to other properties or impact traffic on adjacent streets. Lighting fixtures attached to residential dwellings to illuminate the side or rear yards shall not shine above the top of the fenceline.
B. 
Exterior lighting shall be installed to identify building entrances and to promote on-site safety or security.
C. 
Parking lot lighting shall comply § 14.09.230.080.G, Parking Area Design Standards. All developments shall comply with the following:
1. 
Exterior lighting shall be a minimum of one footcandle and a maximum of three footcandles.
2. 
Flickering or flashing lights shall not be permitted.
3. 
A reduction in the minimum lighting or an exception to the maximum lighting standard requirement may be granted by the Director if the applicant or developer can demonstrate to the satisfaction of the Director that the minimum lighting is unnecessary or that additional lighting is needed.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 2011, Amended, 2/10/2026)
§ 14.09.240.120 Liquid or Solid Waste.
The handling of liquid or solid wastes shall comply with Chapter 13.08 of this code, Sewers, and applicable regulations established by the state Water Resources Control Board and any other public agency.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.240.130 Odors.
No use or activity shall be permitted which emits odorous gases or fumes beyond the boundaries of the subject site in such quantities as to be dangerous, injurious, or noxious, or otherwise objectionable to a reasonable person of normal sensitivity in order to minimize impacts to adjacent uses. Odors shall be enforced by the provisions of Chapter 8.10 of this code, Abatement of Public Nuisance.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.240.140 Noise.
These standards implement the Noise Element of the General Plan. Noise, including construction, repair work, and grading, shall be enforced by the provisions of Chapter 8.10 of this code, Abatement of Public Nuisance.
A. 
Projected Noise Environment.
1. 
Ground Transportation. Future noise exposure contours for the City from ground transportation noise sources are shown in Figure 14.09.240.A, Vacaville Noise Contours. The DNL also considers people's increased sensitivity to noise at night. The mapped contours do not show the effect of existing sound walls, intervening buildings, or topography in contributing to the reduction of sound levels, nor the possible contribution of fixed-point, nontransportation noise sources that increase noise levels in areas throughout the community. Figure 14.09.240.A provides a generalized indication of anticipated noise exposures that may be made more precise through site specific analysis.
FIGURE 14.09.240.A: VACAVILLE NOISE CONTOURS
2. 
Airport Operations. Future noise exposure contours from aircraft operations at Nut Tree Airport and Travis Air Force Base are shown in Figure 14.09.240.B, Airport Contours. These contours are expressed in community noise equivalent levels (CNEL). Figure 14.09.240.B provides a generalized indication of anticipated noise exposures that may be made more precise through site specific analysis.
FIGURE 14.09.240.B: AIRPORT NOISE CONTOURS
B. 
Land Use Determination Standards. These standards are applicable to land use determinations approved through a General Plan amendment or a zone change. A site-specific acoustical analysis may be considered in lieu of the standards below if the Director of Community Development determines that such an analysis would more adequately describe the projected noise.
1. 
Ground Transportation Related Standards. Noise exposure from these sources is measured as DNL. Figure 14.09-240.B shall be used as the basis for determining compliance with this section. All land use determinations involving General Plan amendments and zone changes shall be consistent with the standards established in Table 14.09.240.A, Land Use Determination Standards for Ground Transportation Noise Sources.
TABLE 14.09.240.A: LAND USE DETERMINATION STANDARDS FOR GROUND TRANSPORTATION NOISE SOURCES
Land Use Category
Noise Contours
40
45
50
55
60
65
70
75
80
Residential
Transient Lodging
40
45
50
55
60
65
70
75
80
Motels, Hotels
40
45
50
55
60
65
70
75
80
Hospitals, Nursing Homes
40
45
50
55
60
65
70
75
80
Other Uses
Normally Acceptable – with typical conditions of approval (setbacks, walls, fences and standard building practices).
Conditionally Acceptable – subject to future noise study to demonstrate noise can be reduced to normally acceptable levels with acceptable mitigation.
Normally Unacceptable – regardless of measures implemented to reduce noise.
2. 
Airport Related Standards. Noise exposure from these sources are measured in CNEL. Figure 14.09.240.B shall be used as the basis for determining compliance with this section. All land use determinations involving General Plan amendments and zone changes shall be consistent with the standards established in Table 14.09.240.B, Airport/Land Use Noise Compatibility Criteria.
TABLE 14.09.240.B: AIRPORT/LAND USE NOISE COMPATIBILITY CRITERIA
Land Use Category
CNEL, dBA
50
55
60
65
70
75
Residential
Schools, Libraries, Hospitals, Nursing Homes
Churches, Auditoriums, Concert Halls
Transportation, Parking, Cemeteries
Offices, Retail Trade
Service Commercial, Wholesale Trade, Warehousing, Light Industrial
Extractive Industrial, General Manufacturing, Utilities
Cropland
Livestock Breeding
Playgrounds, Parks, Zoos
Golf Courses, Riding Stables, Water Recreation
Outdoor Spectator Sports
Amphitheaters
CLEARLY ACCEPTABLE
NORMALLY UNACCEPTABLE
The activities associated with the specified land use can be carried out with essentially no interference from the noise exposure.
Noise will create substantial interference with both outdoor and indoor activities. Noise intrusion upon indoor activities can be mitigated by requiring special noise insulation construction. Land uses which have conventionally constructed structures and/or involve outdoor activities which would be disrupted by noise should generally be avoided.
NORMALLY ACCEPTABLE
CLEARLY UNACCEPTABLE
Noise is a factor to be considered in that slight interference with outdoor activities may occur. Conventional construction methods will eliminate most noise intrusions upon indoor activities.
Unacceptable noise intrusion upon land use activities will occur. Adequate structural noise insulation is not practical under most circumstances. The indicated land use should be avoided unless strong overriding factors prevail and it should be prohibited if outdoor activities are involved.
MARGINALLY ACCEPTABLE
The indicated noise exposure will cause moderate interference with outdoor activities and with indoor activities when windows are open. The land use is acceptable on the conditions that outdoor activities are minimal and construction features which provide sufficient noise attenuation are used (e.g., installation of air conditioning so that windows can be kept closed). Under other circumstances, the land use should be discouraged.
Source: Solano Co. Airport Land Use Commission, Airport Land Use Compatibility Plan, May 1988 Appendix B
C. 
Project Approval and Operational Standards. These standards apply to all land uses subject to approval through this division, Zoning, and Division 14.11, Subdivisions, and are applicable to both transportation and nontransportation noise sources. Compliance with these standards shall be required in conjunction with all land development and subdivision approvals.
1. 
Compliance With Noise Standards. Compliance with the noise standards shall be measured on the property line of the affected location of the land use, as determined by the Director of Community Development. For single-family residential uses, the exterior affected location typically is the backyard.
a. 
For single-unit dwellings, attached, multi-unit dwellings, hospitals, and clinics, and residential care facilities, the exterior noise standards shall apply to courtyards, patios, private yard areas, and common activity areas;
b. 
Lodging uses do not have specific exterior noise standards. However, areas designed for outdoor recreation at transient lodging, motels, or hotels shall be located in such a manner so that noise impacts are practically minimized.
2. 
Acoustical Study Required. Acoustical studies, prepared in a format consistent with the criteria established in the Noise Element of the General Plan, shall be required and submitted as a part of an application for a development project. The acoustical study shall demonstrate compliance with the noise standards and ensure that sensitive land uses, as receptors of noise, will not be exposed to noise levels in excess of the standards established for both transportation and nontransportation noise sources. The acoustical study shall identify mitigation measures that would result in compliance with such standards.
a. 
When a proposed sensitive land use would potentially be exposed to levels of noise which would exceed the standards shown in Tables 14.09.240.C and 14.09.240.D.
b. 
When a proposed use would potentially generate levels of noise which would exceed the standards shown in Tables 14.09.240.C and 14.09.240.D.
Table 14.09.240.C: NOISE STANDARD FOR TRANSPORTATION SOUCES
Land Use Category
Noise Standard (DNL)
Interior
Exterior
Residential
45
60
Transient Lodging: Motels, Hotels
45
—
Hospitals, Nursing Homes
45
60
Other Uses
—
—
Table 14.09.240.D: MAXIMUM NOISE EXPOSURE AND GENERATION LEVELS FOR NONTRANSPORTATION SOURCES
Land Use Category
Noise Level Descriptor
Exterior Noise Levels
Interior Noise Levels
Daytime (7:00 a.m. to 10:00 p.m.)
Nighttime (10:00 p.m. to 7:00 a.m.)
Daytime (7:00 a.m. to 10:00 p.m.)
Nighttime (10:00 p.m. to 7:00 a.m.)
Residential
Hourly Leq, dBA
50
45
45
35
Maximum Level, dBA
70
65
—
—
—
Transient Lodging
Hourly Leq, dBA
—
—
45
35
Hospitals, Nursing Homes
Hourly Leq, dBA
50
45
45
35
Other
Hourly Leq, dBA
—
—
—
—
Maximum Level, dBA
—
—
—
—
Each of the noise levels specified above shall be lowered by five dB for simple tone noises, noises consisting primarily of speech or music, or for recurring impulsive noises.
3. 
Transportation Sources. The standard of noise measurement for transportation noise is the DNL. All new uses shall comply with the standards established in Table 14.09.240.C, except that the decision maker may approve an exception to the standards contained in Table 14.09.240.D for unique situations where the requirement of strict compliance with the standard is not practical or feasible. In such situations, the decision maker shall find that the projected noise levels have been mitigated to the maximum extent practical.
4. 
Nontransportation Sources. Two standards apply to nontransportation noise sources: the hourly Leq, dBA, which is an hourly average sound level, and the maximum level, dBA. Table 14.09.240.D shows the maximum hourly average and the peak daytime and nighttime noise standards for nontransportation sources when located near sensitive land uses. All uses shall comply with these standards. The noise standards for nontransportation sources shall not apply in the following situations:
a. 
To new uses if the ambient noise levels exceed the hourly Leq or the maximum level of the proposed noise generator, unless the additional noise generated would increase the projected, combined noise levels a minimum of three decibels;
b. 
To public parks or public playgrounds upon a finding by the decision maker that the location of the facilities within the park or playground reasonably limits the noise impacts upon other land uses;
c. 
For nuisance abatement related to residential generated noise sources including, but not limited to, children playing, lawn mowers, barking dogs, and musical equipment;
d. 
To residential caretaker units established in conjunction with nonresidential uses;
e. 
To construction activity related to public improvement projects where the Director of Community Development has determined that full compliance with these standards cannot practically be achieved.
5. 
Construction. Construction activity, except for capital improvement projects, shall comply with the following standards:
a. 
All construction equipment powered by internal combustion engines shall be properly muffled and maintained.
b. 
All stationary noise-generating construction equipment, such as tree grinders and air compressors, shall be located the farthest distance possible from existing residential development.
c. 
Quiet construction equipment, particularly air compressors, shall be used where possible.
d. 
Hours of operation of outdoor noise sources may be limited where conditions of approval are required.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 2011, Amended, 2/10/2026)
§ 14.09.240.150 Security Measures.
Facilities shall be designed and uses, activities, and processes shall be operated in such a manner as to provide for the security and safety of customers, employees, and residents, and to minimize demand for City police and fire services, as determined by the decision maker.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.240.160 Vibration.
No use, activity, or process shall cause vibration to be apparent to a reasonable person of normal sensitivity beyond the boundaries of the subject site, or to an adjacent use on the subject site. The ground vibration caused by moving vehicles or temporary construction activities is exempted from this prohibition.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.250.010 Purpose.
The purpose of this chapter is to protect known, sensitive environmental resources in the City, establishing avoidance, minimization and/or mitigation measure processes in order to preserve creeks and riparian areas, wildlife habitats, oak woodlands and savannah habitats. This chapter integrates applicable policies of the Vacaville General Plan Conservation and Open Space Element (COS) and the Draft Solano County Multispecies Habitat Conservation Plan (HCP). It also establishes environmental clearance thresholds and mechanisms for implementation and compliance with federal, state and local regulations.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.250.020 Consistency with California Environmental Quality Act (CEQA).
Compliance with this chapter demonstrates project compliance with environmental review requirements and consistency with CEQA.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.250.030 Wildlife and Biological Resource Habitat Protection.
All development projects shall comply with the policies and actions of the General Plan COS and regulations and mitigation measures of the Draft Solano County HCP.
A. 
Wildlife Habitat and Community Resource Areas. The City is located within four different natural community environments, as shown on the General Plan "Natural Community Boundaries" map and referenced in the Solano County HCP. For purposes of development project review, the boundaries of these wildlife habitat and biological resource communities are to be determined by surveys conducted by qualified resource experts.
1. 
Valley floor grassland and vernal pools;
2. 
Inner coast range;
3. 
Riparian, stream and freshwater marsh; and
4. 
Agriculture.
B. 
Biological Resource Report Required. A complete biological resources report is required for all projects that are not categorically exempt from CEQA (Class 32), is on property that is five acres or larger, or is smaller than five acres but has existing biological resources located on it.
C. 
Biological Survey. It is recommended that all projects that are not exempt from CEQA (Class 32) meet with the City before they submit a biological study as part of their project application submittal, to determine if specific biological survey(s) may be required to identify the types and level of wildlife and/or habitat necessary to protect, and specific avoidance, minimization and mitigation measures that may apply to a project. These factors may affect project design and determine the type and length of the project review process. See Solano County HCP Minimum Requirements for All Projects for Biological Resources Reports – "Pre-Application Survey Requirements" protected species and habitats. It is important to review this list early in the project design process since some surveys may need to be seasonally timed and/or may require multiple, sequential years of surveys (e.g., vernal pools). Biological reports are required to be prepared by a qualified biologist.
1. 
Biological Survey Information Submittal Requirements:
a. 
Vicinity map, project description, site plan, assessor's parcel number, legal owner, applicant, and lead agency with tracking number and contact information.
b. 
Identification of natural community and conservation area(s) applicable (e.g., map(s), resource description(s)), including likely presence of habitat features (e.g., wetland, stream).
D. 
Protections for Special-Status Bat Species. All special status bat surveys shall comply with the requirements of the state Department of Fish and Wildlife (DFW) protocols.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.250.040 Creeks and Riparian Habitat Protection.
A. 
Purpose. This section is intended to protect the City's creek and riparian areas, which provide benefits to the community in the form of natural habitats, flood protection and storm water runoff, and areas for active and passive recreation.
B. 
Applicability. Creek and riparian setback requirements shall apply to all creeks and riparian, stream, and freshwater marshes as defined in the General Plan COS and shown on the "Natural Community Boundaries" map.
C. 
Visibility from Right-of-Way. Creek areas shall be visible from the public right-of-way to ensure safety, maintenance, recreational access, integration into neighborhoods, and shall be located parallel or adjacent to creek setbacks, where feasible.
D. 
Creek Setbacks. The setback from all creeks, riparian areas, streams, and freshwater marshes shall be 40 feet from the existing, stable top of bank.
1. 
Measurement of Creek Setback. The top of bank determination shall be consistent with the California Department of Fish and Wildlife where state or federal jurisdictional areas apply. A soils engineer, registered in the state of California, shall prepare a map documenting existing soil conditions. The stable top of bank is determined by measuring the furthest distance from the toe of slope by the following methods, subject to the satisfaction of the City Engineer:
a. 
The actual top of bank;
b. 
Measuring from the toe of slope within the creek to the top of bank at a 2:1 slope.
c. 
The top of bank as determined by a licensed geotechnical engineer.
E. 
Freshwater Marsh Setbacks. Setbacks from freshwater marshes shall be determined through preparation of a hydrologic drainage and/or freshwater delineation study, or as required in compliance with the Solano Habitat Conservation Plan.
1. 
Larger Setbacks. The decision maker may require setbacks larger than 40 feet from the top of bank when approving a discretionary application required under the Land Use and Development Code in order to implement adopted City plans or mitigate potentially significant environmental impacts in compliance with CEQA.
F. 
Prohibited Within Setbacks. Prohibit all grading, paving, vegetation removal, agricultural cultivation, and construction of structures within the creek setback area, except as allowed by subsection G of this section. An exception may be approved with a variance if this prohibition would make the parcel unbuildable. The application for a variance shall provide a conservation plan that provides for the appropriate protection of the biological resources, water quality, bank stability, groundwater recharge, and other applicable riparian functions.
G. 
Allowed Within Setbacks. The following uses and activities are allowed within the creek setback area:
1. 
Fencing Within Setback. Fences are allowed, but not required within the creek setback area, the requirements for which will be determined on an as-need basis by the decision maker in conformance with Chapter 14.09.200 of this code, Fences, Walls, and Hedges;
2. 
Plants, landscaping, vegetation buffers, and features providing interception for storm water runoff;
3. 
Streamside maintenance and riparian habitat restoration, drainage and erosion control, or invasive plant removal, carried out or overseen by a public agency;
4. 
Public roads and utility line crossings, or private driveways and streets, subject to City construction standards and maintenance guidelines;
5. 
Bikeways, trails, and parks for public use; and
6. 
The replacement, maintenance, restoration, or reconstruction of a legally established use or structure, in conformance with Chapter 14.09.220 of this code, Nonconforming Uses, Sites, and Structures.
H. 
During Construction. Creekway and riparian area protection is required during construction, such as providing adequate setbacks from the creek bank and riparian areas, and creekway and riparian area restoration after construction. Construction in these areas requires a creek protection plan prepared by a qualified specialist and includes site-specific mitigation measures in compliance with CEQA or the Solano County HCP as well as protective construction fencing.
I. 
Hazardous Wildlife Attractants on or Near Airports. FAA recommends that minimum separation of 12,500 feet from the Travis Air Force Base runways and Nut Tree Airport shall be maintained to avoid bird strike hazards to aircraft.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.250.050 Oak Woodland and Savannah Habitat Protection.
A. 
Applicability. New development that would result in loss, conversion, or other impacts to oak woodland and savannah habitats shall comply with the provisions of this section.
B. 
Clustered Impact. New development shall develop and implement a plan that reduces site disturbance and clusters impacts to the maximum extent feasible.
C. 
Three to One Preservation Ratio. New development shall mitigate all impacted oak woodland (as identified on the City General Plan Environmental Impact Report, Figure XX, Habitat Areas) and savannah habitats by preserving habitats with similar tree canopy densities at a three acres: one acre ratio (preservation: impact).
D. 
Long-Term Management Plan. New development that would result in impacts to oak woodland and savannah habitats shall require the applicant to prepare and implement a long-term management plan for oak woodland and savannah areas that are protected as open space, and a mitigation plan to address short-term impacts. Funding for the short-term mitigation and long-term management of these areas shall also be provided. A qualified specialist experienced in the development and implementation of grassland and oak woodland and savannah restoration, mitigation, and management plans shall prepare a long-term management plan and shall include:
1. 
Management Plan Goals. The plan shall clearly identify goals focusing on vegetation (e.g., stability, succession, reproduction, and nonnative species) and wildlife (e.g., habitat quality and species diversity) issues.
2. 
Vegetation Management. The plan shall include vegetation management, site preparation, exotic species removal, site grading, erosion control, and revegetation of disturbed areas outside of development envelopes. Any revegetation program shall use plant materials indigenous to the region.
3. 
Construction and Post-Construction Maintenance Monitoring Program. The plan shall include a construction and five-year post-construction maintenance and monitoring program by a qualified restoration team to ensure that the project goals and performance standards are met. The monitoring program shall include provisions for remedial action as needed to correct deficiencies. Annual reports and a final report, prepared by the property owner and subject to approval by the local lead agency and the Department of Fish and Wildlife, shall document the success of the revegetation. If the revegetation is not successful, an additional period of correction and monitoring shall be determined.
4. 
Maintenance and Implementation. The plan shall specify maintenance requirements and the responsibility for implementation, long-term ownership and/or management responsibility, and a funding mechanism.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.250.060 Tree Preservation.
A. 
Purpose. This section is intended to support the preservation and maintenance of mature trees on private and public property in order to promote the public health, safety, and general welfare. Additionally, the City recognizes individual rights to develop private property that have trees located on them and the need to maintain and improve public property with trees. The City supports the need to enhance the attractiveness of City streets and neighborhoods, enhance the value of property, retain natural beauty and the environment, provide habitat for wildlife, and preserve the character of the community.
This section provides regulations for:
1. 
Tree removal permits on private property, public rights-of-way, and on public lands;
2. 
Tree replacements for loss of trees on private property, public rights-of-way, and public lands;
3. 
Tree protection and mitigation during construction;
4. 
Post-construction monitoring;
5. 
Penalties for unauthorized tree removal.
B. 
Applicability. The provisions of this section apply to the removal or destruction of any tree on public or private property in the City with a diameter at breast height (dbh) of six inches or more. Separate sections for trees on private property (with and without construction proposed), trees in the public rights-of-way, and on public lands, are provided below.
The standards established by this section are minimum requirements and shall not be construed to prevent the City Council, the Planning Commission, or the Director of Community Development from imposing more restrictive conditions as part of project approval, or from not approving a project in order to meet the intent of these regulations. Approval of a development project by the decision maker shall constitute a permit to remove any trees when removal of such trees is clearly designated as part of the project application.
C. 
Tree Removal on Private Property. Except as otherwise specified by this title, no person shall cut down, remove, or destroy any tree, or cause the cutting down, removal or destruction of any tree on private property except in accordance with the conditions of a tree removal permit issued by the Director of Community Development or, for projects subject to discretionary review, the decision maker.
1. 
Tree Removal Permit Application With New Construction. A property owner or the owner's authorized representative shall submit a tree removal permit application. The application submittal requirements are as specified on the tree removal permit application. The Director of Community Development may also require the applicant to submit a certified arborist report or report prepared by a licensed landscape architect, to verify the condition of the affected tree(s).
2. 
Review and Determination. Prior to the issuance of a tree removal permit, the Director of Community Development shall review the application and conduct a site investigation. The Director of Community Development shall determine whether to issue the permit based upon the following criteria:
a. 
Design project to reduce development impacts to trees. High priority in the approval of private or public projects shall be given to designing construction around existing trees to the greatest extent feasible;
b. 
Condition of the Tree. The condition of the tree shall be determined by its general health, the presence of disease or damage, whether it is a public nuisance or poses a danger to the public from instability or falling limbs, its proximity to existing or proposed structures, or its interference with utility services. The condition of the tree shall also be determined by whether the tree serves as a host for a plant that is parasitic to another species of tree which is in danger of being exterminated by the parasite;
c. 
Species of Tree. Native tree species shall have a higher preservation priority than introduced species, or trees that are not naturally occurring and were planted as part of a landscape plan;
d. 
Number of Existing Trees. The number of existing trees in the area shall be considered, as well as the effect of the tree's removal upon the public health, safety, and general welfare, and the effect upon the aesthetic and visual quality of the area;
e. 
Sound Forestry Practice. The number of healthy trees that a given parcel of land will support shall be considered, and whether removal would enhance the survival of remaining trees;
f. 
Size of Tree. The scale of the tree shall be considered, as well as the size of the tree's canopy. Larger, more visually prominent trees shall have a higher preservation priority than smaller, less visually prominent trees;
g. 
Location of Tree. The location of the tree on private property shall be considered. Trees located in a private rear yard, which are not highly visible from the public right-of-way, shall have a lower preservation priority than trees with a high visual impact to the neighborhood; and
h. 
Replacement Proposal. A proposal for the tree replacements (in compliance with subsection F of this section) to offset the tree removal shall be part of the Director of Community Development's consideration.
3. 
Tree removal permit on existing developed, infill property. The property owner or the owner's authorized representative shall submit a tree removal permit application, consistent with subsections C.(1) and (2) of this section. For existing developed, infill property the review and determination criteria will provide a higher priority on criteria in subsection C.(2)(b) of this section, Condition of a tree, and the potential for personal and/or property damage that may result from poor tree health, shall be considered.
D. 
Tree Removal on Public Property. The City may trim or prune trees on public property at the discretion of the Director of Public Works; providing, that such trimming and pruning shall not endanger the long term health of the trees. The City may remove trees subject to the approval of a tree removal permit by the Director of Public Works, subject to the following criteria:
1. 
Review and Determination. Prior to the issuance of a tree removal permit, the Director of Public Works shall review the application and conduct a site investigation. The Director of Public Works shall determine whether to issue the permit based upon the following criteria:
a. 
Design project to reduce development impacts to trees. High priority in the approval of private or public projects shall be given to designing construction to avoid or protect existing trees to the greatest extent feasible;
b. 
Condition of the Tree. The condition of the tree shall be determined by its general health, the presence of disease or damage, whether it is a public nuisance or poses a danger to the public from instability or falling limbs, its proximity to existing or proposed structures, or its interference with utility services. The condition of the tree shall also be determined by whether the tree serves as a host for a plant that is parasitic to another species of tree which is in danger of being exterminated by the parasite;
c. 
Species of Tree. Native tree species shall have a higher preservation priority than introduced species, or trees that are not naturally occurring and were planted as part of a landscape plan;
d. 
Number of Existing Trees. The number of existing trees in the area shall be considered, as well as the effect of the tree's removal upon the public health, safety, and general welfare, and the effect upon the aesthetic and visual quality of the area;
e. 
Sound Forestry Practice. The number of healthy trees that a given parcel of land or location will support shall be considered, and whether removal would enhance the survival of remaining trees;
f. 
Size of Tree. The scale of the tree shall be considered, as well as the size of the tree's canopy. Larger, more visually prominent trees shall have a higher preservation priority than smaller, less visually prominent trees;
g. 
Location of Tree. The location of the tree on public property shall be considered. Trees which are not highly visible from the public right-of-way or do not meet other community conservation goals shall have a lower preservation priority than trees with a high visual or resource impact to the neighborhood or public facility; and
h. 
Replacement Proposal. A proposal for the tree replacements, including the option of off-site mitigation as specified in subsection G of this section, to offset the tree removal shall be part of the Director of Community Development's consideration.
E. 
Exemptions From Tree Removal Permit. In accordance with this code, the following trees are not protected, and a tree removal permit is not required to remove a tree:
1. 
Commercial fruit trees, almond trees, or grafted English walnut trees;
2. 
Trees planted, grown, or held for sale as part of a licensed nursery business or tree farm;
3. 
In cases of emergency, trees representing a hazard or danger to human life or to structures or property, where immediate action is necessary, and approved by the Director of Public Works;
4. 
In cases of pruning by a public utility to protect or maintain overhead clearance for existing electric power or communication lines in the public rights-of-way, subject to prior notice to the Director of Public Works in nonemergency situations;
5. 
Routine maintenance and pruning of limbs or deadwood, in accordance with standard horticultural practices, such that the survival of the tree is not compromised, including such work within the public right-of-way.
F. 
Replacement of Trees. All trees located on private or public property that have a six-inch or more diameter at breast height (dbh) are protected trees. Protected trees that are removed due to new construction, public improvements, or were planted as part of a landscape plan on private property shall require tree replacements, as follows. Replacement trees shall be derived from local stock, when available.
1. 
Native Trees.
a. 
Six to 10 inches dbh. Trees shall be replaced at a ratio of two replacement trees to one removed tree (2:1 ratio).
b. 
10.1 to 18 inches dbh. Trees shall be replaced at a ratio of four replacement trees to one removed tree (4:1 ratio).
c. 
18.1 to 36 inches dbh. Trees shall be replaced at a ratio of six replacement trees to one removed tree (6:1 ratio).
d. 
Over 36 inches. Trees shall be replaced at a ratio of eight replacement trees to one removed tree (8:1 ratio).
2. 
Nonnative Trees.
a. 
Six to 10 inches dbh. Trees shall be replaced at a ratio of one replacement tree to one removed tree (1:1 ratio).
b. 
10.1 to 18 inches dbh. Trees shall be replaced at a ratio of two replacement trees to one removed tree (2:1 ratio)
c. 
18.1 to 36 inches dbh. Trees shall be replaced at a ratio of three replacement trees to one removed tree (3:1 ratio).
d. 
Over 36 inches. Trees shall be replaced at a ratio of four replacement trees to one removed tree (4:1 ratio).
3. 
Eucalyptus Trees. The Director of Public Works shall determine the mitigation for removal of eucalyptus trees on a case-by-case basis.
G. 
Off-Site Tree Replacement Mitigation, Private or Public Land. If it is not feasible to accommodate tree replacements on the property or location where the tree was removed, the Director of Community Development may approve an off-site tree replacement plan as part of the tree removal permit. Specific off-site tree replacement locations shall be determined through consultation with the Director of Community Development prior to approval of the tree removal permit.
H. 
Tree Protection Prior to and During Construction. Protect established mature trees from construction encroachment.
1. 
Mitigation Plan Required. Prior to the issuance of a tree removal permit and the commencement of tree removal or construction activity on any public or private property containing trees, a mitigation plan shall be developed by a qualified biologist or certified arborist in order to ensure the long-term survival of the native plantings. Replacement trees shall be planted on the project site, unless determined by the Director of Community Development that off-site planting would be suitable, and an accompanying tree maintenance plan is provided by the applicant and approved by the Director of Community Development.
2. 
Tree Protection Zone. A tree protection zone shall be established on a new development site adjacent to work areas to reduce potential impacts to native trees during site construction, subject to approval by the Director of Community Development. A certified arborist shall be consulted prior to construction regarding the specifications of the tree protection zone and the appropriate care for trees before, during, and after construction.
a. 
When proposed developments encroach into the dripline of any tree, special construction practices shall be required as determined by the Director of Community Development and based upon recommendations of a certified arborist's report.
b. 
The existing ground surface within four feet (measured horizontally) of the base of any tree shall not be cut, filled, or compacted. Tree wells may be used where advised and excavation adjacent to any tree shall not be permitted where damage to the root system will result, as determined by a certified arborist.
c. 
No oil, gas, chemicals, heavy construction machinery or other construction materials shall be stored within 10 feet of any tree trunk.
d. 
No wires, unless those needed for the support of any tree, or signs other than small tree identification signs, shall be attached to any tree.
e. 
The Director of Community Development shall be notified by any contractor, developer, or owner of any damage that occurs to a tree during construction so that proper treatment may be administered by the contractor.
3. 
Maintenance of trees on private property shall be at the property owner's expense.
I. 
Post-Construction Monitoring Period. Monitoring shall be done for at least five years after planting.
1. 
Established Trees. At five years after planting, a professional arborist shall verify that a minimum of 80 percent of planted replacement trees have been established. "Established trees" are trees that are not hazardous, diseased, or a nuisance.
2. 
Replacement of Dead Trees. Trees that die within the five-year monitoring period shall be replaced at a ratio of three replacement trees to one dead tree (3:1 ratio). These new replacement trees shall be monitored by a long-term management plan, as established by Section 14.09.230.040.D.
J. 
Abuse or Mutilation Prohibited. It is unlawful for any person to break, injure, deface, mutilate, kill, cut down, or destroy any tree in any public place or way in the City; to place, apply, attach, or keep attached to any such tree, or any guard or stake intended for the tree's protection, any wire, rope, sign, paint or other substance so that it substantially impedes the free access of water or air to the roots of any street trees.
K. 
Penalties for Unauthorized Tree Removal. Any person who personally, or through an agent, employee or representative, violates any provision of this chapter shall be guilty of a separate offense for each and every act constituting a violation of this chapter, and for each and every day during any portion of which such violation is committed, continued or permitted by such person. Each offense shall be punishable as a misdemeanor pursuant to Chapter 1.16 of this code, General Penalty.
1. 
In addition to the penalties prescribed above, the Director of Community Development may require the person(s) responsible for a violation of this chapter to replace the affected tree or trees or to compensate the City for the cost of replacement of the affected tree or trees.
2. 
The remedies and penalties provided in this section shall be in addition to any other remedies and penalties provided by law, including, but not limited to, the remedies and penalties provided for in Chapter 1.16 of this code, General Penalty.
L. 
Appeals. A determination by the Director of Community Development may be appealed in accordance with the provisions of Chapter 14.09.030 of this code, Common Procedures.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023)
§ 14.09.250.070 Agricultural and Avian Foraging Habitat Mitigation.
A. 
Purpose. The purposes of this section are to implement the agricultural land and habitat conservation policies contained in the 2015 Vacaville General Plan and implementing Ordinance No. 1942 related to permanently protecting agricultural land, avian foraging habitat, and open space.
B. 
Applicability. This section shall apply to development projects that require mitigation for impacts to agricultural lands and/or to avian species non-riparian foraging habitat.
C. 
Mitigation Required. The City shall require agricultural or avian foraging habitat mitigation for any of the following actions:
1. 
Development projects that convert prime farmland, farmland of statewide importance, or unique farmland (as classified by the California Department of Conservation).
2. 
Development projects east of Leisure Town Growth Area that convert agricultural or open space lands.
3. 
Development projects that require annexation to the City that also convert prime farmland as defined by Government Code Section 56064.
D. 
Types of Mitigation. Development projects that are required to provide mitigation per Ordinance 1942, Sections 14.28.040.D and E, may elect one or a combination of both the following options to satisfy mitigation obligations:
1. 
Provide direct agricultural and/or avian habitat foraging mitigation; and/or
2. 
Pay the appropriate fee.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.260.010 Purpose.
The purpose of this chapter is to promote the public health, safety, and welfare through a comprehensive system of reasonable, effective, consistent, content-neutral, and nondiscriminatory sign standards and requirements. More specifically, this chapter is intended to:
A. 
Balance public and private objectives by allowing adequate avenues for both commercial and noncommercial messages;
B. 
Allow signs to serve as an effective channel of communication while preventing visual clutter that will detract from the aesthetic character of the City;
C. 
Protect and improve the local economy and quality of life by preserving and enhancing the City's visual appearance and character;
D. 
Direct persons to various places, activities, and uses, and to provide for the public convenience;
E. 
Maintain and enhance the City's appearance by regulating the location, number, type, quality of materials, size, illumination, and maintenance of signs;
F. 
Restrict signs that may create a nuisance to nearby properties, violate privacy, or create hazards and distractions for pedestrians or drivers;
G. 
Provide clear and unambiguous sign standards that enable fair and consistent enforcement; and
H. 
Ensure that the constitutionally guaranteed right of free speech is protected.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.260.020 Applicability.
A. 
Applicable to All Zoning Districts. The provisions of this chapter apply to all signs in all zoning districts, constructed or altered on or after the effective date of the ordinance codified in this title, unless otherwise specified. If any zoning district or specific plan imposes requirements which conflict with those set forth by this chapter, the more restrictive provisions shall prevail.
1. 
The provisions of this chapter shall not be construed to prohibit a person from holding a sign while picketing or protesting on public property that has been determined to be a traditional or designated public forum, so long as the person holding the sign does not block ingress and egress from buildings, create a safety hazard by impeding travel on sidewalks, in bike or vehicle lanes, or on trails, or violate any other reasonable time, place, and manner restrictions adopted by the City.
2. 
The provisions of this chapter shall not require alteration of the display of any registered mark, trademark, service mark, trade name, or corporate name that may be associated with or incorporated into a registered mark, where such alteration would require the registered mark to be displayed in a manner differing from the mark as exhibited in the certificate of registration issued by the United States Patent and Trademark Office. It is the responsibility of the applicant to establish that a proposed sign includes a registered mark.
B. 
Regulatory Interpretations. The provisions of this chapter shall be applied in a content-neutral manner. Noncommunicative aspects of all signs, not related to the content of the sign, shall comply with the provisions of this chapter. "Noncommunicative aspects" include the time, place, manner, location, size, height, illumination, spacing, and orientation of signs.
C. 
Message Substitution. A noncommercial message of any type may be substituted, in whole or in part, for any permitted commercial message. Any noncommercial message may be substituted for any noncommercial message. Any on-site commercial message may be substituted for any on-site commercial message.
1. 
No Additional Approval Required. Such substitution of message may be made without any additional approval, permitting, registration, or notice to the City. This provision prevents any inadvertent favoring of commercial speech over noncommercial speech or favoring any noncommercial message over any other noncommercial message.
2. 
Limitations. This provision does not allow the following:
a. 
Create the right to increase the total amount of signage for a parcel, lot, or land use;
b. 
Affect the requirement that a sign structure or mounting device be properly permitted;
c. 
Allow a change in the physical structure of a sign or its mounting device;
d. 
Allow a sign that could be confused with or interfere with any official traffic device, traffic signal, or directional sign;
e. 
Authorize the substitution of an off-site commercial message in place of an on-site commercial message or in place of a noncommercial message.
f. 
Nullify or eliminate any contractual obligation through a development agreement or similar agreement that specifies the allowable content of a sign; or
g. 
Permit the conversion of an existing sign to a billboard.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.260.030 Exempt Signs.
The following signs are exempt from the permit requirements of this chapter, and do not count toward the maximum sign area limitation for a site; provided, that they conform to the specified standards.
A. 
Architectural Features. Architectural features, symbols embedded in architecture that are permanently integrated into the structure of a permanent building, including stained glass windows, carved or bas relief doors or walls, bells, and religious statuary.
B. 
Government Signs. Any sign, posting, notice or similar signs placed, installed or required by law by a city, county, or a federal or state governmental agency in carrying out its responsibility to protect the public health, safety, and welfare, including, but not limited to, the following:
1. 
Emergency and warning signs necessary for public safety or civil defense;
2. 
Traffic signs erected and maintained by an authorized public agency;
3. 
Numerals and letters identifying an address from the street to facilitate emergency response and compliant with city requirements;
4. 
Signs required to be displayed by law;
5. 
Signs directing the public to points of interest, except for sign programs identifying a district or area or set of destinations, such as City-wide wayfinding signage, or sign programs adopted as part of a specific plan; and
6. 
Signs showing the location of public facilities.
C. 
Grave Markers. Grave markers, gravestones, headstones, mausoleums, shrines, and other markers of the deceased.
D. 
Historic Plaques and Commemorative Signs. Historic plaques, memorial signs or tablets, or commemorative signs indicating names of buildings and dates of building erection, either attached to or cut into the surface of a building, not to exceed four square feet in area.
E. 
Minor Signs. Minor signs which do not exceed four square feet in sign area and 10 feet in height do not require a sign permit and may be placed as follows:
1. 
One minor sign facing each parking stall in a parking lot.
2. 
One minor sign on each side of each driveway entrance to a parking lot.
3. 
One minor sign at each entrance to a building.
4. 
Inflatable, temporary, moveable, gymnasium devices commonly used for children's birthday parties, and similar devices, commonly referred to as "bounce houses" or "party jumps."
5. 
News racks and newsstands.
F. 
Signs not readable from the public right-of-way, such as:
1. 
Signs or displays located entirely inside of a building and not visible from the building's exterior;
2. 
Signs intended to be readable from within a parking area but not readable beyond the boundaries of the lot or parcel upon which they are located or from any public right-of-way; and
3. 
Signs located within City recreation facilities.
G. 
Signs that are an integral part of an allowed vending machine or similar facility located outside of a business.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.260.040 Prohibited Signs.
The following signs are prohibited.
A. 
Location Restrictions.
1. 
Signs Located in the Public Right-of-Way or on Public Property. Other than official government signs or warning signs required by law, any sign placed in or projecting into the public right-of-way or on public property, unless expressly authorized by this chapter or an encroachment permit.
2. 
Signs Affixed to Trees or Terrain. Signs affixed to or cut into trees or other living vegetation, or cut, burned, marked, or displayed on a street, sidewalk, cliff, hillside, or other terrain feature.
3. 
Signs Creating Traffic or Pedestrian Safety Hazards. Signs placed or located in such a manner as to constitute a traffic or pedestrian safety hazard.
B. 
Display Restrictions.
1. 
Animated or Motion Signs. Animated, flashing, blinking, reflecting, revolving, or other similar sign with visibly moving or rotating parts or visible mechanical movement of any kind, unless expressly permitted by another section of this chapter.
2. 
Balloons, Inflatable Signs, Streamers, and Other Attention-Getting Devices. Balloons, inflatable signs, streamers, pennants, and other attention-getting devices, made of lightweight fabric or similar material, designed to rotate or move with the wind, that direct and promote, or are otherwise designed to attract attention.
3. 
Billboards. The new construction, erection, or use of billboards is prohibited, except for as follows:
a. 
Digital freeway billboards approved under Section 14.09.260.100.B, Digital Freeway Billboards; or
b. 
Those approved under a relocation agreement as provided in Section 14.09.260.110, Nonconforming Signs.
4. 
Message Center Signs. All message center signs used for any use, except for those approved under Section 14.09.260.100.B, Digital Freeway Billboards.
5. 
Search Lights and Klieg Lights. Search and arc lights when used as attention-attracting devices for commercial uses.
6. 
Signs Producing Noise or Emissions. Signs producing visible smoke, vapor, particles, odor, noise, or sounds that can be heard at the property line.
7. 
Signs for Prohibited Uses. A sign displaying a commercial message promoting a business that is a prohibited use and that has not been established as a legal nonconforming use.
8. 
Unauthorized Signs. Signs that have been placed on private or public property without the consent of the property owner or as authorized in this chapter.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1995, Amended, 07/23/2024)
§ 14.09.260.050 Sign Procedures.
All permanent and temporary signs may be installed only subject to a sign permit and in compliance with this section, unless specifically stated otherwise. The owner shall also be responsible for obtaining other applicable permits and approvals, such as building permits, electrical permits, and grading permits.
A. 
Sign Permit Required. Prior to installing any sign requiring a permit under this chapter, the applicant shall submit a sign permit application to the Director of Community Development. Applications and fees for a sign permit shall be submitted in accordance with the provisions set forth in Section 14.09.030.030, Application Forms and Fees. The Director of Community Development may request further information regarding the location, design, dimensions, and installation details of all proposed signs.
1. 
Sign Permit Only. If the sign permit application is not connected to another land use permit application, the Director of Community Development shall review the application in accordance with the procedures set forth in Chapter 14.09.030 of this code, Common Procedures. The Director of Community Development shall approve, approve with conditions, or deny the application based on compliance with the standards of this chapter.
2. 
Concurrent Review. For projects which require another land use permit and include signs, the applicant shall submit a concurrent sign permit application to the Director of Community Development. The decision maker shall review the sign permit application concurrently with the primary application and shall decide based on conformance with the standards of this chapter. Discretionary review shall be limited to the time, place, and manner aspects of the proposed sign.
B. 
Sign Program Required. Sign projects for nonresidential development that includes multiple buildings, multiple tenant spaces, or multiple lots shall require a planned sign program approval.
1. 
Purpose. The purpose of a planned sign program is to provide a method for an applicant to integrate the design and placement of signs with the overall development design to achieve a more unified, coordinated aesthetic appearance.
2. 
Application. Applications and fees for a planned sign program shall be submitted in accordance with the provisions set forth in Section 14.09.030.030, Application Forms and Fees. The Director of Community Development may request plans, elevations, and further information regarding the location, design, dimensions, and installation details of all proposed signs.
3. 
Decision Maker. Planned sign programs are subject to review by the decision maker for the project with which the signs are associated. A planned sign program may be submitted separately or concurrently with other applications for the project.
4. 
Review and Decision. The planned sign program shall be reviewed for conformance with the standards in this chapter. While the application may be reviewed concurrently with another application that is subject to discretionary review, discretionary review shall not be used in the review of any communicative aspects of the signs comprising the planned sign program.
5. 
Required Findings and Bonus Sign Allowance. The decision maker shall make a minimum of eight of the 11 findings for common sign elements listed below. The decision maker may allow one additional freestanding sign, or one additional wall sign per building frontage if they can make all of the following findings.
a. 
All wall signs, except for one per building frontage, are installed at the same height on the building elevation.
b. 
All wall signs, except for one per building frontage, are the same height (from the bottom to the top of the sign).
c. 
All wall signs, except for one per building frontage, are the same geometric shape.
d. 
The faces of all wall signs are the same material.
e. 
The cabinets of all wall signs are of the same material and color.
f. 
All wall signs have the same illumination method, such as interior illumination, exterior illumination, or use of neon.
g. 
All freestanding signs have frames and supports that are the same color as the building's primary color or primary trim color.
h. 
All freestanding signs have frames and supports that are of the same material or appear to be of the same material as the siding materials of the building.
i. 
If there is more than one freestanding sign, all freestanding signs shall have the same basic shape.
j. 
The faces of all freestanding signs are of the same materials as the wall signs.
k. 
The illumination method of the freestanding signs is the same as the wall signs.
6. 
Sign Permit Conformance with Planned Sign Program. The Director of Community Development shall review a sign permit application for installation of a sign in the area covered by an approved planned sign program. The application shall be approved if it conforms to the approved planned sign program.
7. 
Nonconforming Planned Sign Program. A planned sign program approved by the City prior to the enactment of this chapter or any revisions hereto that does not conform to the provisions of this chapter shall continue to remain in effect. If an application is submitted to modify the nonconforming planned sign program, the modified planned sign program shall conform to the provisions of this chapter.
8. 
Modifications to Planned Sign Program. The Director of Community Development shall review any proposed modification to an approved planned sign program, based on conformance with the standards of this chapter. The Director of Community Development shall approve a proposal to modify an approved, nonconforming planned sign program if the proposed modification results in the program coming closer to complying with the standards of this chapter.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.260.060 Sign Measurement.
A. 
Measuring Sign Area. Building elements, painting, striping, and supporting structures are not included in the sign area measurement. The sign area is the total area contained within the smallest rectangular perimeter encompassing the sign, structures, and any background embellishments.
1. 
Single-Faced Signs. The sign area is the area of the sign face.
FIGURE 14.09.260.A: MEASURING SIGN AREA FOR SINGLE-FACED SIGNS
2. 
Double-Faced Signs. For a sign whose two faces are back-to-back, parallel, and located two feet or less apart, the sign area shall be taken as the area of the larger face, or one face if the two faces are of equal area.
FIGURE 14.09.260.B: MEASURING SIGN AREA FOR DOUBLE-FACED SIGNS
3. 
Multi-Faced Signs. The sign area is the sum total area of all sign faces.
FIGURE 14.09.260.C: MEASURING SIGN AREA FOR MULTI-FACED SIGNS
4. 
Three-Dimensional Signs. Three-dimensional signs include those that consist of, or have attached to them, one or more three-dimensional objects such as balls, cubes, clusters, or sculpture-like trademarks. The sign area is the sum of the area of the four vertical sides of the smallest rectangular prism that will encompass the sign.
FIGURE 14.09.260.D: MEASURING SIGN AREA FOR THREE-DIMENSIONAL SIGNS
B. 
Measuring Sign Height. The height of a sign is the vertical distance from the uppermost point used to measure sign area, to the existing grade immediately below the sign.
FIGURE 14.09.260.E: MEASURING SIGN HEIGHT
C. 
Measuring Sign Clearance. Sign clearance shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or background embellishments.
FIGURE 14.09.260.F: MEASURING SIGN CLEARANCE
D. 
Measuring Building Frontage. Building frontage shall be measured as the widest lineal dimension, parallel to the ground, of a continuous frontage. A building's frontage is considered continuous if projections or recesses in a building wall do not exceed 10 feet in any direction. For buildings with two or more frontages, the length of the frontage and allowable sign area shall be calculated separately for each building frontage.
FIGURE 14.09.260.G: MEASURING BUILDING FRONTAGE
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.260.070 General Provisions.
A. 
Applicable Codes. In addition to complying with the provisions of this chapter, all signs shall be constructed in accordance with the Uniform Building Code, the Electrical Code, and all other applicable laws, rules, regulations, and policies.
B. 
Encroachment. Signs mounted on private property may project into or above public property or the public right-of-way only with approval of an encroachment permit.
C. 
Illumination.
1. 
Amount of Illumination. The amount of illumination allowed shall be sufficient to allow visibility of the sign but shall not produce excessive glare on adjacent properties or create a traffic hazard. Illuminated signs facing a residential zoning district shall not cast light that exceeds one-half foot-candle at the residential property line, nor cast any intermittent light.
2. 
Message Center Signs.
a. 
Message center signs shall not include the use of a flashing, intermittent, or moving light, or any illumination that is in motion or appears to be in motion or changes in light intensity, in accordance with Section 14.09.260.040 of this code, Prohibited Signs.
b. 
Messages shall be displayed for a minimum of four seconds and the interval between messages shall be a maximum of one second.
D. 
Sign Maintenance. All signs shall be maintained by any property owner, lessor, lessee, manager, agent, or other person having lawful possession or control over a sign, building, structure, or parcel of land, in a condition or state of equivalent quality to which was approved or required by the City.
1. 
All signs together with their supports and appurtenances shall be maintained in good structural condition, in compliance with applicable building and electrical codes, and in conformance with this chapter. Maintenance of a sign includes periodic cleaning, replacement of flickering, burned out or broken light bulbs or fixtures, repair or replacement of any faded, peeled, cracked, or otherwise damaged or broken parts of a sign, and any other activity necessary to restore the sign so that it continues to comply with the requirements and contents of the sign permit issued for its installation and provisions of this chapter.
2. 
Landscape Maintenance. Required landscaped areas contained by a fixed border, curbed area, wall, or other perimeter structure shall receive regular repair and maintenance. Plant materials that do not survive after installation in required landscape areas are required to be replaced within three months of the plant's demise.
3. 
Removal of Unused Signs. Any vacant and/or unused sign support structures, angle irons, or other remnants of old signs which are not currently in use or proposed for immediate reuse evidenced by a permit application for a permitted sign, shall be removed. When a building mounted sign is removed, the wall shall be repaired and restored to its original condition. When a freestanding sign is removed, all supports including the footings shall be removed and the area shall be finished to match the contiguous landscape or surfaced area.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.260.080 Permanent Signs.
Sign allowances and standards for permanent signs are established by zoning district. The following signs require a sign permit:
A. 
Agricultural and Residential Zoning Districts.
1. 
Residential Uses. Signs are allowed for residential uses on sites at least five acres in size consistent with the following standards:
a. 
Number of Signs. Two signs per residential site entrance.
b. 
Maximum Sign Area. 32 square feet per sign.
c. 
Maximum Sign Height. Six feet.
2. 
Nonresidential Uses and Multi-Unit Residential Uses. Signs are allowed for nonresidential uses and multifamily residential uses with more than four dwelling units consistent with the following standards:
a. 
Number of Signs: One sign per building frontage.
b. 
Maximum Sign Area: 32 square feet per sign.
c. 
Maximum Sign Height: Six feet.
B. 
Commercial and Mixed-Use Zoning Districts.
1. 
Wall Signs.
a. 
Number of Signs. One per building frontage, plus one per tenant.
b. 
Sign Area.
i. 
Minimum. 20 square feet per lot regardless of building frontage length.
ii. 
Maximum. One square foot per one linear foot of building frontage. Each building elevation shall be given sign square footage for only that frontage and may not combine other street frontage signage to increase signage.
(A) 
If a building has frontage on more than one public street or right-of-way, the sign area for the lesser length frontages shall not exceed one-half square foot of sign area per lineal foot of building frontage.
(B) 
A portion of the allowed sign area on one building frontage may be transferred to another building frontage provided the maximum sign area on any one frontage is not increased by more than twice the maximum allowed sign area on that frontage.
c. 
Design.
i. 
Maximum Letter Height: 24 inches.
ii. 
The maximum logo height or individual letters with ascenders or descenders is 30 inches. A logo is considered a graphic image and does not include letters.
iii. 
Illumination. All signs shall be internally or halo-lit illuminated with an individual letter design.
iv. 
No cabinet signs or exposed raceways are permitted.
2. 
Freestanding Signs. For purposes of this subsection, contiguous lots that function as an integrated development with reciprocal parking and/or access easements or rights shall be considered one site.
a. 
Number of Signs. One per site on a public street, provided the site has off-street parking.
i. 
If a site has frontage on more than one public street or right-of-way, each frontage of at least 100 feet in length shall be allowed one sign.
ii. 
If a site has over 300 feet in length of frontage on a public street, one additional sign may be placed for each additional 300 feet of frontage. The additional sign shall also be consistent with the maximum sign area and height standards for sites with less than 100 feet of frontage (see below).
b. 
Maximum Sign Area.
i. 
Less Than 100 Feet of Frontage: 25 square feet.
ii. 
100 Feet or More of Frontage.
(A) 
Local or Collector Street: 40 square feet.
(B) 
Four-Lane Undivided Arterial Street: 50 square feet.
(C) 
Four-Lane Divided Arterial Street: 90 square feet.
c. 
Maximum Sign Height.
i. 
Less Than 100 Feet of Frontage: 10 feet.
ii. 
100 Feet or More of Frontage.
(A) 
Local or Collector Street: 15 feet.
(B) 
Four-Lane Undivided Arterial Street: 20 feet.
(C) 
Four-Lane Divided Arterial Street: 25 feet.
d. 
Minimum Distance Between Freestanding Signs: 250 feet.
e. 
Additional Regulations.
i. 
If a proposed sign is located within 100 feet of another existing freestanding sign on an abutting property on the same street frontage, the proposed sign shall not obstruct the view of the existing sign by a motorist approaching the sign in the closest lane in that direction on the adjacent public or private street at a distance of not less than 300 feet from the existing sign.
ii. 
If a lot has no frontage on a public street, the owner of that lot may enter into an agreement with the owner of an adjacent lot that fronts on a public street. With such an agreement, the owner of the lot with street frontage may increase the size of one freestanding sign on that lot by up to 20 square feet more than the maximum size otherwise allowed. This provision does not apply to any multi-tenant development on multiple lots where there is a coordinated and integrated plan for signage, access, and parking.
3. 
Freeway Signs. A site is eligible for a freeway sign if it is at least five acres in size and located within 300 feet of the nearest edge of freeway right-of-way. Contiguous lots may be considered as one site if the total area is at least five acres in size and all lots are encumbered with a recorded easement, restriction, or instrument restricting the freeway sign.
a. 
Number of Signs: One sign per site.
b. 
Maximum Sign Area.
i. 
Single Tenant: 175 square feet.
ii. 
Multiple Tenants: 325 square feet.
c. 
Maximum Sign Height.
i. 
Single Tenant: 25 feet above the elevation of the freeway or 35 feet above the grade at the location of the sign, whichever is greater.
ii. 
Multiple Tenants: Five additional feet per tenant, up to 60 feet.
iii. 
Alternatives. The Director of Community Development shall approve a sign that exceeds the height limitations prescribed in this subsection (B)(3)(c) up to a maximum sign height of 60 feet if the applicant demonstrates that an approaching freeway motorist's view of the proposed sign would be obscured by a freeway overcrossing or other obstruction from a viewing distance of one-quarter mile.
d. 
Design Standards.
i. 
Materials and Colors. All sign panels shall consist of the same materials, colors, and opacity. All raised individual letters, symbols, pictures, or logotypes shall consist of the same materials. This shall not preclude coloring an area of up to 75% of the panel underneath the letters, symbols, pictures, or logotypes an alternative color.
ii. 
Shape. Sign panels shall be in the shape of a rectangle, triangle, trapezoid, circle, oval, parallelogram, or regular polygon.
4. 
Projecting Signs/Blade Signs.
a. 
Encroachment. Signs placed in or projecting into the public right-of-way or on public property shall require an encroachment permit and shall require a minimum clearance of eight feet from the ground below.
b. 
Number of Signs: One per tenant, which may be two-sided.
c. 
Maximum Sign Area: Six square feet per sign face.
d. 
Design Standards.
i. 
All signs shall be internally or halo-lit illuminated with an individual letter design.
ii. 
No cabinet signs or exposed raceways are permitted.
iii. 
All signs shall use painted dimensional letters mounted to the blade panel.
C. 
The following uses shall be eligible for a freeway sign:
1. 
Restaurants and eating establishments;
2. 
Service stations;
3. 
Automobiles and other vehicles, sales and service, new;
4. 
Hotels and motels;
5. 
Bars and lounges;
6. 
Recreation centers and outdoor commercial recreation; and
7. 
Retail shopping centers that contain a minimum of 80,000 square feet of floor area and at least one tenant within that shopping center that has a minimum floor area of 20,000 square feet.
D. 
Employment Zoning Districts.
1. 
Total Sign Area. The total sign area shall be one square foot of sign area per lineal foot of building frontage, up to a maximum of 300 square feet for all signs.
2. 
Wall Signs.
a. 
Number of Signs: One wall sign per tenant space per building frontage.
b. 
Maximum Sign Area: 200 square feet.
c. 
Design.
i. 
Maximum Letter Height: 24 inches.
ii. 
The maximum logo height or individual letters with ascenders or descenders is 30 inches. A logo is considered a graphic image and does not include letters.
iii. 
Illumination. All signs shall be internally or halo-lit illuminated with an individual letter design.
iv. 
No cabinet signs or exposed raceways are permitted.
3. 
Freestanding Signs.
a. 
Building and Tenant Signs.
i. 
Number of Signs: One freestanding sign per building frontage, plus one additional freestanding sign for each 300 feet of linear street frontage.
ii. 
Maximum Sign Area: 40 square feet.
iii. 
Maximum Sign Height: 15 feet.
iv. 
Minimum Distance Between Freestanding Signs: 250 feet.
b. 
Industrial Park Entrance Sign. The first entrance to an industrial park is allowed one sign, with maximum sign area of 64 square feet. Any additional entrance is allowed one sign, with maximum sign area of 32 square feet. The maximum sign height shall be 10 feet.
E. 
Public and Semipublic Zoning Districts.
1. 
Wall Signs.
a. 
Total Sign Area. The total sign area shall be one square foot of sign area per lineal foot of building frontage, up to a maximum of 150 square feet for all signs. If a building has more than one frontage on a public street, the sign area for the lesser length frontage shall be one-half square foot of sign area per lineal foot of frontage.
b. 
Number of Signs: One wall sign per tenant space per building frontage.
2. 
Freestanding Signs.
a. 
Number of Signs: One freestanding sign per building frontage.
b. 
Maximum Sign Area: 50 square feet.
c. 
Maximum Sign Height: 10 feet.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023; Ord. 1996, Amended, 07/23/2024; Ord. 2011, Amended, 2/10/2026)
§ 14.09.260.090 Temporary Signs.
A. 
Sign Permit Not Required. This section provides for temporary signs not located within a public right-of-way or on City property commonly known or referred to as "real estate signs," "garage sale signs," "campaign signs," "construction signs," "banners," "feather banners", and "event posters." The foregoing examples notwithstanding, nothing in this section shall regulate or restrict the content of such signs. A sign permit is not required for temporary signs that comply with the provisions of this chapter except as otherwise may be required under the Uniform Code. Any lot may contain temporary posters, banners, portable signs, yard signs, or ground signs not exceeding the maximum limits set forth in the table below without requiring a sign permit. Any temporary poster, banner, portable sign or yard sign may remain in place for a period not exceeding 60 calendar days. Any temporary ground sign may remain in place for a period not exceeding two years provided it is constructed and anchored as required by the Uniform Sign Code. These time limits do not prevent the sign being replaced with another temporary sign from time to time.
TABLE 14.09.260.A: TEMPORARY SIGNS NOT REQUIRING A SIGN PERMIT
Zoning District
Number of Signs (per lot)
Maximum Sign Area (per sign)
Maximum Sign Height
Residential Zoning District
2
16 square feet
8 feet
All Other Zoning Districts
2 signs, or 1 sign per 100 feet of street frontage, whichever is greater
32 square feet
10 feet
1. 
Temporary Signs During Specific Periods. In addition to the temporary signs allowed under subsection A of this section, additional temporary signs are allowed during the specific time periods listed below.
a. 
Special Event Period. A special event period is a time period designated by a property owner during which the number of temporary signs on the site is not limited. Temporary signs may be up to 100 square feet. In a commercial or industrial zone, the owner may designate a special event period of up to a total of 60 calendar days during any calendar year, which may or may not be continuous. In any other zone, the owner may designate a special event period of up to a total of 30 calendar days during any calendar year, which may or may not be continuous. The owner shall notify the Director of Community Development of the beginning and ending dates of the special event period.
b. 
Election Period. An election period is that time beginning 90 calendar days prior to any official election within Solano County and ending 30 calendar days after the election. During an election period, the number of temporary signs on a site is not limited. Temporary signs may be up to 100 square feet.
c. 
Construction Period. A construction period is that time beginning when a building permit or similar permit authorizing construction on a site is issued and ending 30 calendar days after the final inspection or approval of the construction or expiration of the permit. During a construction period, one additional temporary sign not to exceed 64 square feet in area may be placed on the site.
B. 
Sign Permit Required. The following temporary signs are allowed but require a sign permit prior to their installation:
1. 
Temporary Signs at an Industrial Park. One temporary sign shall be allowed at the boundary of an industrial park with undeveloped lots on each street or freeway frontage. Each sign may not exceed 128 square feet in area or 15 feet in height. All such signs shall be removed within seven calendar days of the sale or lease of the last lot within the industrial park.
2. 
Temporary Signs at a Residential Subdivision During the Initial Sales Phase. Each residential subdivision shall be allowed temporary signs within the subdivision subject to the following standards. Signs permitted under this section shall not be installed until and unless a final map has been recorded for the subdivision with the Solano County Recorder. This provision does not require any particular content of the signs.
a. 
Two temporary signs not exceeding 32 square feet in total area for each sign nor more than six feet in height nor 10 feet in horizontal length shall be allowed.
b. 
The temporary signs shall be removed within seven calendar days of the sale of the final residential lot within the subdivision.
c. 
No sign shall be located within 100 feet of an occupied residence or building.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.260.100 Sign Standards for Specific Land Uses and Development Types.
A. 
Drive-Through Facility. Drive-through facilities may have additional signs located in the drive-through area, subject to the following requirements:
1. 
Location. Drive-through area signs shall be located a minimum of 15 feet from the public right-of-way.
2. 
Height. Drive-through area signs shall be a maximum of 10 feet tall.
3. 
Letter Size. All letters, logotypes, pictures, or symbols shall be a maximum of six inches in height.
B. 
Digital Freeway Billboards. Digital freeway billboards may be allowed in commercial and employment zoning districts, subject to the following requirements:
1. 
Applicability. The provisions of this subsection B apply to all digital freeway billboards located within the City of Vacaville, including, but not limited to, the construction of new digital freeway billboards and the conversion of existing static (standard) billboards into digital billboards.
2. 
Development Standards. All digital freeway billboard proposals shall comply with the development regulations identified in Table 14.09.260.B, Digital Freeway Billboard Development Regulations.
TABLE 14.09.260.B: DIGITAL FREEWAY BILLBOARD DEVELOPMENT REGULATIONS
Standard
Notes
Development Standards
Permitted Zoning Districts
Commercial and employment zoning districts
See Table 14.09.040.A of this code
Permitted Locations
See subclassifications below
Interstate 80
Parcels east of Leisure Town Road and west of Midway Road
Only on parcels abutting Interstate 80
See Note (a)
Interstate 505
Parcels north of Vaca Valley Parkway, south of Midway Road, and west of Interstate 505
Only on parcels abutting Interstate 505
Not allowed within Nut Tree Airport area of influence
Maximum Sign Width
60 feet
See California Business and Professions Code Section 5408(a)
Maximum Sign Height
25 feet
Maximum Sign Area
1,200 square feet
Maximum Number of Sign Faces
2 sign faces (one in each direction)
Maximum Height
65 feet
Minimum Separation Between Billboard Structures
3,000 feet
Measured as a radius between digital billboards
Minimum Distance from Sensitive Receptors
300 feet
See Note (b)
Angle to the Freeway
To the extent possible, the billboard shall be located and oriented in a manner that avoids or minimizes the direct exposure of the display to view from adjacent or nearby residential or hotel uses. Lighting shall be designed to direct light and glare away from adjoining lots, residential areas, and public streets.
Landscaping
All areas not being used for the billboard structure or for maintenance access shall be landscaped.
Design Standards
City Identification
At least one of the following shall be included on the structure in a location visible from the freeway:
• "Vacaville"
• "City of Vacaville"
• The City logo
Subject to major design review approval, as established by Chapter 14.09.290.
See Note (c)
Theming
The billboard structure shall incorporate Vacaville-specific designs and themes, such as, but not limited to, golden hills, biotechnology, and agriculture, subject to approval by the City Council.
Subject to major design review approval, as established by Chapter 14.09.290.
Notes:
a. Airport Land Use Commission Consistency Determination. A proposal for a digital billboard located along Interstate 80 within the Nut Tree Airport area of influence shall be referred to the Solano County Airport Land Use Commission for a determination of consistency with the Nut Tree Airport land use compatibility plan.
b. Sensitive Receptors. For the purposes of this subsection, a sensitive receptor includes the following uses:
i. All residential uses, as identified under § 14.02.060.010, Residential Uses; and
ii. Lodging.
c. City Identification Standards. All City identification shall be internally illuminated or halo-lit with an individual letter design. No cabinet signs or exposed raceways are permitted.
3. 
Static (Standard) Billboard Reduction.
a. 
Removal Ratio. Proposals to establish new digital billboards or convert existing billboards must include the removal of at least three billboard structures or four sign faces, whichever results in the most removal of static billboard structures.
b. 
In-Lieu Option. If a digital billboard applicant does not have sufficient existing billboard structures or sign faces, as specified in subsection (B)(3)(a) of this section, the applicant may enter into a development agreement which shall set forth the terms and conditions under which the billboard installation will be allowed to operate in lieu of removal of existing billboard(s) to satisfy the removal ratio requirement. In-lieu options may include, but are not limited to, the following:
i. 
The payment of fees, charges, and contributions as mutually agreed;
ii. 
Community benefits, such as additional funding for parks, city beautification, or infrastructure; and
iii. 
Any such other terms that promote public health, safety, and welfare.
4. 
Performance Standards.
a. 
Messaging.
i. 
Static Messaging. All messaging shall be static, meaning that messaging shall not have movement, or the appearance or optical illusion of movement, of any part of the sign structure, design, or pictorial segment of the sign, including the movement or appearance of movement of any illumination or flashing or scintillating light.
ii. 
Emergency Information. Digital billboard operators must be capable of displaying, when appropriate, regional emergency information important to the traveling public, including, but not limited to, amber alerts, Alert Solano, or emergency management information.
b. 
Minimum Message Display Time. Picture display shall be static for a minimum of eight seconds.
c. 
Lighting.
i. 
Photometric Plan. All development applications for a digital freeway billboard shall include a photometric plan identifying the anticipated light pollution from the billboard, which shall be measured 250 feet away from the face of the billboard.
ii. 
Intensity. The intensity of each lighting element or lamp in the message center portion of the off-site advertising structure shall not impair the vision of travelers on any adjacent freeway. Illumination shall be considered vision impairing when its brilliance exceeds the values set forth in Section 21466 of the California Vehicle Code, or any successor statute or California Department of Transportation regulations.
iii. 
Recessed Illumination. The actual lamps/light sources shall be recessed back into the cabinet or enclosure so that no part of the lamp/light source protrudes out past the face of the display so that the angle of the light towards the display might be altered.
iv. 
Automatic Dimming Device. Dimming circuitry shall be incorporated in the electronic portion of the off-site advertising display automatically dimming the off-site advertising display to reduce halo effects and glare as ambient light conditions change.
v. 
Illumination Orientation. The off-site advertising display shall aim, focus, and shield any illumination sufficiently to prevent glare or overcast of illumination into adjacent residential development or hotel vantage points.
vi. 
Digital freeway billboards shall not operate at a brightness level of more than 0.3 foot-candles above ambient light, as measured using a foot-candle meter at a preset distance consistent with acceptable practices.
d. 
Malfunction. Digital freeway billboards shall be operated with systems and monitoring in place to either turn the display off or show a "full black" image on the display in the event of a malfunction. Examples of a malfunction include, but are not limited to:
i. 
Defective pixels that cover more than five percent of the screen area;
ii. 
Error messages; and/or
iii. 
Images or messaging other than the one intended by the billboard operator.
5. 
Compliance with State and Federal Law.
a. 
Compliance with the Outdoor Advertising Act. In addition to complying with the other requirements of this section, a digital freeway billboard must also comply with the requirements of the Outdoor Advertising Act, Chapter 2 in Division 3 of the California Business and Professions Code, including but not limited to restrictions on size, height, intermittent flashing lights, and proximity to freeways.
b. 
Caltrans Preliminary Determination. All development applications for a digital freeway billboard shall include a preliminary determination from the California Department of Transportation prior to submittal to the City of Vacaville.
6. 
Review.
a. 
Development Agreement. The operator of an off-site advertising display or billboard proposed under this section shall enter into a development agreement with the City, whereby the operator provides performance, one-time fee, and ongoing revenue provisions that allow the City to undertake projects, programs, or other activities for the benefit of the City that offset or mitigate the impacts of the proposed advertising displays.
i. 
Billboard Relocations. All development agreements approved under this section shall include provisions for the relocation of existing static billboards, as required under subsection B.(3)(a) of this section.
b. 
Conditional Use Permit. A digital freeway billboard shall not be allowed to operate without approval of a conditional use permit, pursuant to Chapter 14.09.300 of this code, Use Permits.
c. 
Major Design Review. The design of a proposed digital freeway billboard structure shall be subject to major design review, pursuant to Chapter 14.09.290 of this code, Design Review.
7. 
Decision Maker. The Planning Commission shall make recommendations to the City Council, which shall have final authority to approve, approve with modifications, or deny a proposed development agreement for digital freeway billboard.
8. 
Required Findings. In addition to findings for conditional use permit and design review, any digital freeway billboard shall meet the following findings:
a. 
The proposed off-site advertising display will not create a hazard to vehicular or pedestrian traffic, and measures have been taken to reduce potential impacts upon the existing visual character of the site and its surroundings.
b. 
All advertising on the off-site advertising display will conform with the Outdoor Advertising Act, the California Business and Professions Code, and all other applicable state and federal rules and regulations.
c. 
The development of the off-site advertising display will result in a public benefit to the City that outweighs any adverse impacts that might be caused by the advertising display.
d. 
The design of the proposed off-site advertising display is reflective of Vacaville's identity and character.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1995, Amended, 07/23/2024; Ord. 2011, Amended, 2/10/2026)
§ 14.09.260.110 Nonconforming Signs.
Any sign that was lawfully installed in compliance with the laws in effect at the time of installation, and which does not conform to the provisions of this chapter, shall be deemed to be nonconforming.
A. 
Continuance. A nonconforming sign may continue in use indefinitely, subject to the provisions set forth in this section.
B. 
Maintenance. Reasonable and routine maintenance and repairs may be performed on signs that are nonconforming, provided there is no expansion of any nonconformity. Maintenance and repair may include structural alterations but shall not include any change that would increase nonconformity with respect to the provisions of this chapter.
C. 
Abandonment of Nonconforming Sign. Whenever a nonconforming sign has been abandoned, or the use of the property has been discontinued for a continuous period of 60 calendar days, the nonconforming sign shall be removed.
D. 
Restoration of a Damaged Sign. A nonconforming sign may be restored if it meets either of the following criteria:
1. 
A sign with damage that does not exceed 50 percent of the total sign area, including hardware and attachments; provided, that the repairs start within 60 calendar days of the date of damage and are diligently pursued to completion.
2. 
A sign that is a danger to the public or is unsafe as determined by the Building Official.
E. 
Relocation and Replacement of Nonconforming Static (Standard) Billboards. City Council may approve an agreement to permit the relocation or replacement of a nonconforming static (standard) billboard sign within the City limits along a freeway, subject to the provisions below:
1. 
Application. The applicant shall submit an application in accordance with the provisions of Chapter 14.09.030 of this code, Common Procedures. The application may include a proposal to construct a digital freeway billboard, as provided under Section 14.09.260.100.B, Digital Freeway Billboards.
2. 
Planning Commission Recommendation. The Planning Commission shall hold a public hearing to consider the application for a relocation/replacement application. Following the public hearing, the Planning Commission shall recommend with approval, approval with modifications, or denial of the application.
3. 
City Council Decision. City Council shall hold a public hearing to consider the application and Planning Commission recommendation. Following the public hearing, City Council shall approve, approve with modifications, or deny the application.
4. 
Required Findings. The City Council shall make the following findings to approve a relocation/replacement application.
a. 
The application is consistent with the goals, objectives, purposes and provisions of the Vacaville General Plan and the Vacaville Municipal Code;
b. 
The proposed relocation site is compatible with the uses and structures on the site and in the surrounding area;
c. 
The proposed relocation contributes to the reduction of visual clutter in the City by proposing a net decrease in existing billboards and promotes activities of City-wide benefit and interest;
d. 
The proposed billboard would not create a traffic or safety problem with regard to on-site access circulation or visibility;
e. 
The proposed billboard would not interfere with on-site parking or landscaping required by City ordinance or permit; and
f. 
The proposed billboard would not otherwise result in a threat to the general health, safety, and welfare of City residents, based on factors including but not limited to such factors as distracted driving, driver safety, light and glare, or aesthetics.
F. 
Nonconforming Digital Freeway Billboards. A nonconforming digital freeway billboard may continue to operate as originally approved, except as outlined below.
1. 
Location Restrictions. A nonconforming digital freeway billboard outside of the permitted locations identified in Table 14.09.260.B, Digital Freeway Billboard Development Regulations, may continue to operate at that location as originally approved.
2. 
Modification. Any proposed modification to a nonconforming digital freeway billboard shall require a new development agreement and is subject to the same standards, requirements, and review procedures outlined in Section 14.09.260.100.B, Digital Freeway Billboards.
3. 
Extension of Approval. The operator of a nonconforming digital freeway billboard may request an extension of their original approval subject to a new development agreement and the same standards, requirements, and review procedures outlined in Section 14.09.260.100.B, Digital Freeway Billboards.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1995, Amended, 07/23/2024)
§ 14.09.260.120 Illegal Signs.
Any sign installed in violation of any ordinance or law in effect at the time of its installation or that is currently in violation of the maintenance provisions set forth in Section 14.09.260.110.B, Maintenance, is an illegal sign and is declared to be a public nuisance that shall be abated pursuant to Chapter 8.10 of this code, Abatement of Public Nuisance.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.260.130 Enforcement.
Signs that do not conform to the provisions of this chapter and are erected after their effective date without obtaining required permits are declared to be unlawful and a public nuisance.
A. 
Authority. The Director of Community Development is authorized to enforce and administer this chapter. All violations of this chapter shall be subject to enforcement remedies, penalties, and abatement as provided by Chapters 8.10, Abatement of Public Nuisance, and 14.25, Enforcement Procedures, of this code. All costs associated with removal and/or abatement shall be paid for by the sign owner.
B. 
Abandoned Signs. Abandoned signs shall be removed within 60 calendar days after being abandoned.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.260.140 Severability.
If any section, sentence, clause, phrase, word, portion, or provision of this chapter is held invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this chapter which can be given effect without the invalid provision. The invalidation of the application of any section, sentence, clause, phrase, word, portion, or provision of this chapter to a particular property or structure, or any particular properties or structures, by any court of competent jurisdiction shall not affect the application of such section, sentence, clause, phrase, word, portion or provision to any other property or structure not specifically included in said invalidation.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.270.010 Purpose.
The purpose of this chapter is to establish standards for specific uses and activities that are permitted or conditionally permitted in several or all zoning districts. These provisions are supplemental standards and requirements to minimize the impacts of these uses and activities on surrounding properties and to protect the health, safety, and welfare of their occupants and of the general public.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.270.020 Applicability.
Each land use and activity covered by this chapter shall comply with the requirements of the section applicable to the specific use or activity, in addition to any applicable standard this title requires in the district where the use or activity is proposed and all other applicable provisions of this title.
The uses that are subject to the standards in this chapter shall be located only where allowed by base, specific plan, and overlay district use regulations.
The uses that are subject to the standards in this chapter are allowed only when authorized by the planning permit required by district regulations, such as a conditional use permit, except where this chapter establishes a different planning permit requirement for a specific use.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.270.030 Accessory Uses.
Accessory uses that are clearly incidental and subordinate to a principal use on the site may be allowed in conjunction with the principal use to which it relates. Accessory uses shall be subject to the same regulations as the principal use and any standards applicable to specific uses and activities found in this chapter.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.270.040 Accessory Dwelling Units.
A. 
Purpose. The purpose of this chapter is to establish a registration program and standards for vacant and abandoned properties. The registration program and provisions for these properties are established to protect neighborhoods and other areas of the city from becoming blighted due to inadequate maintenance and security of abandoned and vacant properties.
B. 
Definitions.
"Property"
Shall mean any portion of unimproved or improved real estate which includes the buildings or structures located on it regardless of condition.
"Property owner"
Shall mean the responsible party, person, or entity owning the property as shown on the last equalized tax assessment maintained in the Solano County Assessor's office; or any person, co-partnership, agent, operator, firm, association, corporation, or fiduciary having a legal or eguitable interest in the property or who otherwise exercises control of the property, including the trustee or guardian of the estate of any such person and the executor or administrator or the estate of such person. For purposes of this chapter only a single registration will be necessary per property.
"Vacant building"
Shall mean any residential or commercial property which is not occupied or used for more than 30 consecutive days, whether made vacant by voluntary action, fire, or other damage, or as a result of enforcement action by the city.
"Vacant lot"
Shall mean a lot or parcel that is undeveloped.
"Vacant real property"
Shall mean any vacant lot or vacant building. For the purposes of this chapter, vacant real property shall not include vacant lots or buildings for which construction on the property is proceeding to completion with active building permits, and shall not include property owned by a governmental entity providing adequate maintenance of their property on a monthly basis as determined by the Code Enforcement division of the city.
C. 
Registration.
1. 
Any property owner who holds any property interest in any vacant real property that has been vacant for more than 30 days and is located within the City of Vacaville shall register the property with the Code Enforcement Division of the City. The registration form shall include the following:
a. 
Name, mailing address, and contact information of the property owner.
b. 
Name, mailing address, and contact information of anyone handling the deed of trust or foreclosure.
c. 
Name, mailing address, and contact information of the property management company responsible for maintaining the property.
d. 
A statement of intent which provides the following information:
i. 
The expected period of vacancy.
ii. 
A detailed plan for the regular maintenance of the property during the period of vacancy.
iii. 
A timeframe for the lawful re-occupancy, rehabilitation, or demolition of the structure.
2. 
An annual registration fee shall be paid to the Code Enforcement Division of the City.
a. 
The registration and accompanying fee shall be valid for the remaining portion of the calendar year in which the registration was initially required.
b. 
The registration fee may be prorated.
c. 
Subsequent registrations and fees shall be due January 1st of each year and must be received by the city no later than January 31st of the year due.
3. 
Persons required to register property pursuant to this chapter shall keep the property registered and comply with all security and maintenance requirements of this chapter for the entire time the property remains vacant.
4. 
The person responsible for registering the property shall notify the City of any change of information contained in the registration, when property becomes occupied, or when the title is transferred to another party within 10 calendar days of the change. When the title is transferred to another party, the responsible party shall re-register the property with City within 10 calendar days of the transfer.
5. 
Exemptions. The Code Enforcement Division may determine at their discretion that a property may be exempt from the registration requirement of this chapter, but shall still comply with maintenance requirements of this chapter, and Chapters 8.04 and 8.10, if one of the following conditions are met:
a. 
The building is subject to, or becomes subject to, an active building permit authorizing repair or rehabilitation, and the property owner is progressing to complete the repair or rehabilitation; or
b. 
The building meets all codes, is ready for occupancy, and, through the verifiable use of signage, current real estate listings, or other acceptable means, is actively being offered for sale, lease or rent.
6. 
Notice of Violation. Upon a finding by the Code Enforcement Division that an unregistered property is in violation with the provisions of this chapter, notice will be issued to the property owner of the violation. Such notice will establish a 30-day compliance period in which the violations must be resolved.
D. 
Maintenance.
1. 
The property shall be kept free of all conditions that are deemed a public nuisance by Chapters 8.04 and 8.10.
2. 
The property shall be kept free of graffiti or similar markings, trash, debris, and litter.
3. 
Yards shall be landscaped and maintained.
a. 
Permitted landscaping includes, but is not limited to, grass, ground cover, bushes, shrubs, hedges or similar plantings, decorative rock or bark, and artificial turf or sod.
b. 
Prohibited landscaping includes weeds, broken concrete, asphalt, plastic sheeting, and interior carpet.
c. 
Required maintenance includes, but is not limited to, cutting, pruning, and mowing of landscaping and the removal of all trimmings.
4. 
All vacant buildings must have functioning windows and doors at all times. All broken doors and windows shall be replaced or covered in a manner acceptable to and approved by the Code Enforcement Division.
5. 
The Code Enforcement Division, in its discretion, may require the property to be secured in a manner to ensure adequate protection against unauthorized entry.
E. 
Standards for Junior Accessory Dwelling Units.
1. 
A junior accessory dwelling unit shall be constructed within the walls of the existing or proposed single-family residence.
2. 
The junior accessory dwelling unit shall not exceed 500 square feet gross floor area.
3. 
The junior accessory dwelling unit shall have a separate entrance from the main entrance to the proposed or existing single-family dwelling.
4. 
The junior accessory dwelling unit shall include an efficiency kitchen, which shall include the following:
a. 
A cooking facility with appliances;
b. 
At least one food preparation counters that is at least two square feet and total preparation counter area of no more than 100 square feet; and
c. 
Storage cabinet space totaling at least two cubic feet and not more than 250 cubic feet.
5. 
Additional parking is not required for the creation of the unit.
6. 
For any junior accessory dwelling unit, the property owner shall occupy the junior accessory dwelling unit or the remaining portion of the single-family dwelling or an accessory dwelling unit, if one exists; unless the owner is another governmental agency, land trust, or housing organization. The term "property owner" shall have the same meaning as defined in Chapter 14.02.050. The owner shall record a deed restriction in the official records of Solano County, California, that includes substantially the following restriction:
The single-family dwelling on the premises includes a junior accessory dwelling unit. In order to allow occupancy of the junior accessory dwelling unit, the property owner shall reside in the single-family dwelling or the junior accessory dwelling unit. If the property owner does not reside in the single-family dwelling or the junior accessory dwelling unit, then the junior accessory dwelling unit may not be rented, leased, or occupied as a separate dwelling unit. The junior accessory dwelling unit shall not be rented, occupied, or offered for rental or occupancy for a period of less than 31 calendar days. The junior accessory dwelling unit shall not be sold independently of the single-family dwelling on the premises. The junior accessory dwelling unit may not be expanded or modified except as allowed by the laws of the City and State of California. This deed restriction may be enforced against future purchasers.
(Ord. 2013, Repealed and Replaced, 2/10/2026)
§ 14.09.270.050 Adult-Oriented Businesses.
A. 
Purpose. Adult-oriented businesses are recognized as having serious objectionable operational characteristics and adverse secondary effects, particularly when several of them are concentrated under certain circumstances, or located in direct proximity to sensitive or incompatible uses such as parks, schools, churches, and residential districts. It is the intent of this section to establish standards to prevent community wide adverse effects associated with adult-oriented businesses and ensure that adverse secondary side effects will not contribute to an increase in crime rates, to a decrease in property values, or to the blighting or deterioration of the areas in which such businesses are located or in surrounding areas. The provisions of this section are established to achieve the following purposes:
1. 
To provide standards which regulate the location of adult-oriented businesses to ensure such businesses are not situated in close proximity to uses which attract or are intended to cater to minors or are not located adjacent to incompatible uses;
2. 
To prevent the concentration or clustering of adult-oriented businesses in any one area to ensure the adverse secondary effects of adult-oriented businesses do not lead to the blighting or downgrading of surrounding neighborhoods;
3. 
To allow the location of adult-oriented businesses in certain appropriate zoning districts;
4. 
To implement the goals, objectives, and policies of the Zoning Ordinance, the Land Use and Development Code, and the General Plan.
B. 
Definitions. Adult-oriented use definitions are provided in Chapter 14.02.050 of this code, Definitions.
C. 
Applicability. Adult-oriented businesses shall be located, developed and operated in compliance with the standards of this section and Chapter 9.05 of this code, Adult-Oriented Business Permit.
D. 
Minimum Distance Requirements.
1. 
Adult-oriented business shall be located a minimum of 750 feet from any residential district or zone under the jurisdiction of the City or the county, school, park and recreation facility, community assembly use, day care center, commercial entertainment and recreation use, use frequented by minors, or other adult-oriented business.
2. 
When a freeway divides zoning districts and serves as a physical barrier between districts with no pedestrian pathways, the minimum distance criteria shall not apply.
3. 
No school, park and recreation facility, community assembly use, day care center, commercial entertainment and recreation use, or any use frequented by minors shall be established or located within 750 feet of an existing or approved adult-oriented business. In the event the City has received a completed application for a land use permit or other regulatory approval (e.g., adult-oriented business permit under Chapter 9.05 of this code, Adult-Oriented Business Permit) to establish an adult-oriented business, the City shall not accept an application for a land use permit or other regulatory approval to establish a school, park and recreation facility, community assembly use, day care center, commercial entertainment and recreation use, or any use frequented by minors that, if approved, would be located within 750 feet of the proposed adult-oriented business, until after the City has made a final decision on the application of the proposed adult-oriented business. Conversely, in the event the City has received a completed application for a land use permit or other regulatory approval to establish a school, park and recreation facility, community assembly use, day care center, commercial entertainment and recreation use, or any use frequented by minors, the City shall not accept an application for a land use permit or other regulatory approval (e.g., adult-oriented business permit under Chapter 9.05 of this code, Adult-Oriented Business Permit) to establish an adult-oriented business that, if approved, would be located within 750 feet of the proposed school, park and recreation facility, community assembly use, day care center, commercial entertainment and recreation use, or any use frequented by minors, until after the City has made a final decision on the application of the proposed school, park and recreation facility, community assembly use, day care center, commercial entertainment and recreation use, or any use frequented by minors.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.270.060 Alcoholic Beverage Sales.
A. 
Purpose. This section integrates state law regarding alcoholic beverage sales in areas of undue concentration with the development review process. This section outlines the review process and provides for reasonable public notice and input, establishes criteria for consideration by the decision maker, and sets forth required findings of fact. The provisions of this section are established to achieve the following purposes:
1. 
To implement provisions of state law related to the issuance of liquor licenses in areas of the City where there is an undue concentration of businesses engaged in the sale of alcoholic beverages;
2. 
To coordinate the requirements of state law with City development review procedures in order to provide an early determination of public convenience or necessity prior to the construction of improvements and facilities intended to accommodate the sale of alcoholic beverages;
3. 
To provide appropriate public notice and input for the proposed sale of alcoholic beverages in areas of undue concentration;
4. 
To establish reasonable criteria for the consideration of liquor licenses in areas of undue concentration;
5. 
To implement the goals, objectives, and policies of the City's General Plan and any adopted specific plan; and
6. 
To protect the public health, safety, and welfare through the establishment of standards related to the issuance of liquor licenses in areas of undue concentration.
B. 
Reference to California Business and Professions Code. This section is intended to supplement Division 9, Alcoholic Beverages, of the California Business and Professions Code, as it pertains to retail sales of alcoholic beverages in areas of undue concentration, which is hereby incorporated by reference into this section. Where this section establishes more restrictive objectives and procedures that are unique to Vacaville and are consistent with state regulations, the more restrictive procedures shall apply.
C. 
Applicability. The determination of public convenience or necessity for the issuance of liquor licenses in areas of undue concentration shall be subject to the provisions of this section as described below.
1. 
Pursuant to state law (Section 23817.7 of the California Business and Professions Code), all alcoholic beverage sales resulting in or adding to an undue concentration of liquor licenses shall be subject to a determination that the public convenience or necessity will be served by the issuance of the liquor license. The applicant is required to show that the public convenience or necessity will be served by the proposed original or premises-to-premises transfer of any retail license within the following areas of undue concentration:
a. 
In a crime reporting district that has a 20 percent greater number of reported crimes as determined from all crime reporting districts within the City; or
b. 
In a census tract or division where the ratio of on-sale liquor licenses to population exceeds the county-wide average or where the ratio of off-sale liquor licenses to population exceeds the county-wide average.
c. 
The Department of Alcoholic Beverage Control (ABC) is authorized to issue a liquor license if the applicant shows that the public convenience or necessity would be served by the issuance for a nonretail license, a retail on-sale bona fide eating place license, a retail license issued for a hotel, motel, or other lodging establishment, a retail license issued in conjunction with a beer manufacturer's license, or a winegrower's license.
d. 
The Department of Alcoholic Beverage Control is authorized to issue a liquor license for all other types of alcoholic beverage sales not included in subsection C.(1)(c) of this section only upon the City determination of public convenience or necessity made in accordance with the provisions of this section.
e. 
For the purposes of this section, the definitions in Division 9, Alcoholic Beverages, of the California Business and Professions Code shall apply.
D. 
Determination Required.
1. 
No use shall be established and no building permit shall be issued for a use which requires a City determination of public convenience or necessity unless such determination is made in accordance with the provisions of this section.
2. 
Unless a City determination of public convenience or necessity is requested and specifically made by the decision maker in accordance with the provisions of this section, then it shall be deemed that no City determination of public convenience or necessity has been made in regard to the proposed sale of alcoholic beverages.
E. 
Permitting Authority. Authority to approve a City determination of public convenience or necessity in an area of undue concentration shall be as follows unless the City Council assumes jurisdiction for said determination:
1. 
The decision maker for a City determination of public convenience or necessity for a use which is subject to the approval of a development project application shall be the same decision maker as established for that development project application pursuant to this division.
2. 
The decision maker for a City determination of public convenience or necessity involving an existing use or facility for a development project application is not otherwise required shall be the same decision maker as the one established for the original use or facility.
3. 
The Director of Community Development shall act as the decision maker for a City determination of public convenience or necessity for uses that do not meet the criteria listed in the above paragraphs for a decision by others. The Director of Community Development may refer items directly to the Planning Commission when the Director of Community Development finds the public interest would be better served by having the Planning Commission act as the decision maker.
F. 
Application Process and Review Procedures. The application and review procedures, as described in Chapter 14.09.030 of this code, Common Procedures, shall apply to the City determination of public convenience or necessity for alcoholic beverages sales in areas of undue concentration.
G. 
Department of Alcoholic Beverage Control License Application. The applicant shall apply for a retail license from the Department of Alcoholic Beverage Control prior to filing the request for a City determination of public convenience or necessity. Documentation of such retail license application shall be submitted in conjunction with the filing of a request for a City determination of public convenience or necessity.
H. 
Application Type.
1. 
New Construction. A City determination of public convenience or necessity involving new construction shall be made with the review process required for the underlying use or project. The request for alcoholic beverage sales in areas of undue concentration shall be filed concurrent with the design review, conditional use permit, or other applicable land use application.
2. 
Existing Uses and Facilities. For alcoholic beverage sales proposed at an existing site or facility for which no development application is required, the request shall be filed as the same type of land use application required for the original use or facility.
I. 
City Council Notification. The Director of Community Development shall provide notice to all members of the City Council regarding alcoholic beverage sale applications in areas of undue concentration five calendar days of the date the application is deemed complete. If any member of the City Council determines that the request for a City determination of public convenience or necessity involves issues of City-wide concern or compatibility with established uses within the vicinity of the proposal, that member may request that the City Council review the request and concurrent development application(s), if any. Such a request shall be made in writing to the City Clerk within 10 calendar days of the notification.
J. 
Police Chief Referral. All applications for a City determination of public convenience or necessity shall be referred to the Police Chief for review and comment. The Police Chief may recommend approval, denial, or approval with specific conditions to the appropriate decision-making authority. The decision maker shall consider the recommendations of the Police Chief in determining if the public convenience or necessity is served by the approval of the application.
K. 
Conditions of Approval. The decision maker shall be authorized to impose reasonable conditions on the development application or modification to an approved project in the interest of the public health, safety, and welfare. Such conditions may include, but are not limited to, requirements regarding signing, training for responsible beverage sales, hours of operation, display, and method of sale.
L. 
Factors to Consider in Determining Public Convenience or Necessity. The decision maker, in reviewing a proposal for alcoholic beverage sales in an area of undue concentration and making findings required pursuant to subsection M of this section, Findings Required for Approval, shall consider the following factors:
1. 
The potential for the proposed sale of alcoholic beverages to unreasonably impact more sensitive surrounding land uses, such as residences, schools, and other similar uses.
2. 
The potential for the proposed sale of alcoholic beverages to enhance recreational or entertainment opportunities in the area.
3. 
The potential for the proposed sale of alcoholic beverages to enhance the economic viability of the area in which it is proposed.
4. 
The number of liquor licenses within the vicinity of the proposed licensed location.
5. 
The history of police or crime-related problems in the area proposed for the alcoholic beverage sales, as determined by the Chief of Police.
6. 
The potential for the type of use proposed in conjunction with the sale of alcoholic beverages to adversely impact surrounding properties.
M. 
Findings Required for Approval. The decision maker, when considering an application to sell alcoholic beverages in an area of undue concentration, shall adopt findings of fact including, but not limited to, the following:
1. 
That the approval of the application is consistent with the goals, objectives, and policies of the General Plan and of the Land Use and Development Code;
2. 
That the approval of the application will not be detrimental to the public health, safety, or welfare of the community; and
3. 
That the public convenience or necessity is served by the approval of the application.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.270.070 Animal Keeping.
Animals may be kept in compliance with Title 6, Animals, and the following:
A. 
Household Pets and Beekeeping. The keeping of household pets and beekeeping are regulated under Title 6, Animals.
B. 
Chickens. Chickens may be kept as an accessory use to a primary residential use in compliance with the following standards. Roosters are subject to the standards of subsection C of this section, Other Animals.
1. 
Allowable Districts. Any district which allows detached single-unit dwellings.
2. 
Use Limitation. The keeping of chickens shall be for noncommercial use only.
3. 
Minimum Lot Size. Six thousand square feet.
4. 
Maximum Number.
a. 
Parcels Less Than One Acre in Size. One chicken per 1,000 square feet up to nine chickens per parcel.
b. 
Parcels One Acre or More in Size. One chicken per 1,000 square feet. No maximum number of chickens per parcel where the structure housing the chickens is located a minimum of 50 feet from any dwelling and 50 feet from any property line.
5. 
Enclosures. Coops, runs, and other enclosures for the keeping or housing of chickens shall be in compliance with setback requirements of the underlying zoning district. No such enclosure shall be closer than three feet to a property line. The maximum height of any such enclosure shall be six feet plus one foot for every foot setback from the property line, up to a maximum of 12 feet.
C. 
Other Animals. Animals other than chickens, household pets, and bees may be kept as an accessory use to a primary residential use in compliance with the following standards:
1. 
Allowable Districts. AG, AH, RR, and RE districts.
2. 
Use Limitation. Feedlots are prohibited.
3. 
Minimum Lot Size. One acre.
4. 
Maximum Number.
a. 
Livestock. One animal per parcel plus one animal per acre.
b. 
Other Animals. One animal per 1,000 square feet.
D. 
Enclosures. Stables, corrals, and other enclosures for the keeping or housing of animals shall be located a minimum of 50 feet from any dwelling and 100 feet from any property line.
E. 
Exceptions. The Director of Community Development may allow exceptions to the above standards through an adjustment or reasonable accommodation where necessary to accommodate a disability, a 4-H or similar educational project, or other exceptional circumstances. The Director of Community Development may add conditions to protect the health, safety, or welfare of the neighborhood.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.270.080 Commercial Cannabis Business Regulations.
A. 
Purpose and Intent. It is the purpose and intent of this section to implement the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA") to accommodate the needs of medically ill persons in need of cannabis for medicinal purposes as recommended by their health care provider(s), and to provide access to same. It is also the purpose and intent of this section to provide access to adult-use cannabis for persons aged 21 and over as authorized by the Control, Tax and Regulate the Adult Use Cannabis Act ("AUMA" or "Proposition 64"), while imposing sensible regulations on the use of land to protect City of Vacaville residents, neighborhoods, and businesses from disproportionately negative impacts. It is the purpose and intent of this section to regulate the commercial cultivation, processing, manufacturing, testing, sale, delivery, and distribution of cannabis and cannabis products in a responsible manner to protect the health, safety, and welfare of the residents of the City of Vacaville and to enforce rules and regulations consistent with state law.
B. 
Legal Authority. This section is adopted pursuant to the authority granted to the City by Sections 5 and 7 of Article XI of the California Constitution, and the provisions of MAUCRSA.
C. 
Cannabis Cultivation and Cannabis Activities Prohibited Unless Specifically Authorized by This Section. Except as specifically authorized by this section, the commercial cultivation, manufacture, processing, storing, laboratory testing, labeling, sale, delivery, distribution, or transportation (other than as provided under Business and Professions Code Section 26090(e)) of cannabis or cannabis products is expressly prohibited in the City.
D. 
Compliance with State and Local Laws and Regulations. It is the responsibility of the owners and operators of any commercial cannabis business within the City limits to ensure that they operate in a manner compliant with this chapter, all applicable state and local laws, and any regulations promulgated thereunder, including but not limited to the MAUCRSA.
E. 
Cannabis Business Permit Required to Engage in Cannabis Business. No person may engage in any cannabis business within the City including cultivation, manufacture, processing, laboratory testing, distributing, dispensing, or sale of cannabis or a cannabis product unless the person meets all of the following requirements:
1. 
A valid cannabis business permit from the City;
2. 
A valid state of California seller's permit; and
3. 
Is currently in compliance with all applicable state and local laws and regulations pertaining to the cannabis business and the cannabis activities, including the duty to obtain any required state licenses.
F. 
Evidence of Cannabis Owners and/or Employees Background Check Required.
1. 
Any person who is an owner, employee or who otherwise works within a cannabis business must be legally authorized to do so under applicable state law.
2. 
Cannabis business owners, operators, investors, managers, and employees shall be required to submit to a criminal background check for themselves and all persons in their employment.
3. 
The City shall conduct criminal background checks which must at a minimum identify the following:
a. 
Whether the individual applying for ownership or employment has ever been convicted of a violent felony as defined by California Penal Code Section 667.5 or equivalent offenses in other states;
b. 
Whether the individual applying for ownership or employment has ever been convicted of a crime involving dishonesty, fraud, or deceit, including but not limited to fraud, forgery, theft, or embezzlement as those offenses are defined in California Penal Code Sections 186.11, 470, 484, and 504a, respectively; or equivalent offenses in other states; or
c. 
Whether the individual applying for ownership or employment has ever been convicted of the illegal use, possession, transportation, distribution, or similar activities related to controlled substances, as defined in the Federal Controlled Substances Act, not including cannabis-related offenses for which the conviction occurred after the passage of the Compassionate Use Act of 1996.
4. 
Evidence of a conviction of any the offenses enumerated in subsection F.(3) of this section shall be grounds for denial of ownership or employment.
5. 
Violation of this section shall be grounds for immediate suspension of the business's operating cannabis business permit, pending a hearing before the City Manager within 30 days for a final determination of the status of the permit.
G. 
Personnel Prohibited From Holding a License or From Employment With a Cannabis Business Permittee. Any person, including, but not limited to, any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, in which any of the following actions or notices have been issued for noncompliance, shall not be eligible to obtain a cannabis business permit from the City or employment with a cannabis business permittee in the City of Vacaville:
1. 
The applicant has been denied a cannabis license or has had a cannabis license suspended or revoked by any city, county, city and county, or any other state cannabis licensing authority;
2. 
The applicant was notified by the state, county, or city that it was conducting cannabis activity in violation of City ordinances, codes, and requirements, and failed to cure the violation in a timely manner;
3. 
Evidence that the applicant is delinquent in payment of federal, state, or local taxes and/or fees, and took no steps to cure the delinquency when notified by the appropriate agencies;
4. 
As of June 1, 2021, applicant was conducting cannabis activity in the City of Vacaville in violation of local and state law;
5. 
No person shall be issued a cannabis business permit if such person enters or has entered into either a verbal or written agreement to lease, sublease, or any other agreement for any terms of use of a premises granted by a property owner, commercial broker, or any third party, that is in violation of subsection E of this section unless that property is leased at fair market value. Any such lease, sublease, or agreement shall not contain terms or conditions requiring the cannabis businesses permit licensee to pay the property owner, commercial broker, or any third party a percentage of gross receipts, royalties, equity, or other unreasonable compensation as determined by the City. In addition, all leases, subleases, or other agreements must be based on a monthly rate.
H. 
Maximum Number and Type of Authorized Cannabis Businesses Permitted. This section is only intended to create a maximum number and types of cannabis businesses that may be issued permits to operate in the City.
1. 
The number of each type of cannabis business that shall be permitted to operate in the City shall be established by resolution by the City Council.
2. 
Each year following the City Council's initial award of permits (if any), or at any time in the City Council's discretion, the City Council may reassess the number of cannabis business permits which are authorized for issuance.
3. 
The City Council at its sole discretion may determine that the number and/or types of cannabis business permits should remain the same or be modified.
I. 
Community Benefits.
1. 
The application procedure process shall include a component on community benefits.
2. 
Any community benefits that a cannabis business agrees to provide shall be incorporated into the terms and conditions under which the cannabis business will operate with the City's approval, if and when a cannabis business permit is issued. Such terms and conditions shall be in addition to the requirements of this chapter.
3. 
Community benefits may include but are not limited to: in-kind donations; sponsorship of community events; financial support or otherwise for special community events such as fairs, afterschool programs, youth centers, Boys and Girls Clubs, or local schools whether public or private; school athletic programs; school clubs; and community centers, homeless shelters, senior centers, senior living facilities, and/or parks and recreation programs.
J. 
City's Reservation of Rights. The City reserves the right to reject any or all applications for a cannabis business permit. Prior to such permit issuance, the City may modify, postpone, or cancel any request for applications, at any time without liability, obligation, or commitment to any person, party, firm, or organization, to the extent permitted under California law. Persons submitting applications assume the risk that all or any part of the request for applications, or any particular category of permit potentially authorized under this section, may be canceled at any time prior to permit issuance. The City further reserves the right to request and obtain additional information from any candidate submitting an application. In addition to a failure to comply with other requirements in this section, an application may be rejected for any of the following reasons:
1. 
The application was received after the designated time and date of the deadline.
2. 
The application did not contain the required elements, exhibits, or was not organized in the required format.
3. 
The application was considered not fully responsive to the request for a permit application – that is, the application was substantially incomplete.
K. 
Procedure Guidelines and Review Criteria to Evaluate Cannabis Business Applications.
1. 
By resolution, the City Council shall adopt procedure guidelines and review criteria for the City's evaluation of cannabis business permit applications.
2. 
The procedure guidelines shall provide the process for soliciting applications including time frames, limitations, forms, and rules for completing applications.
3. 
The review criteria shall include detailed objective review criteria to be evaluated on a point system or equivalent quantitative evaluation scale tied to particular sets of criteria.
4. 
The scoring on review criteria shall be used to determine which candidates will be eligible to participate in the interview or other decision process as determined by the City Council.
5. 
The City Manager shall be authorized to prepare any necessary forms and adopt any necessary rules to implement the procedures, guidelines and review criteria. This will also include preparing the process for conducting the interviews in which all eligible applicants will participate.
6. 
At the time of filing, each applicant shall pay an application fee established by resolution of the City Council to cover all costs incurred by the City in the application process.
L. 
Permittee Selection Process.
1. 
Applications will be reviewed per the procedure guidelines and review criteria and will be either denied or approved.
2. 
Once the proposed locations of approved applications have been identified, the Community Development Director shall verify it is properly zoned for the type of license(s) in which the applicant has applied. If permitted, a zoning verification letter shall be issued.
3. 
Only approved applications meeting guidelines set by Council resolution as to cut off score will be eligible to participate in the interview process or any further process.
4. 
Upon the completion of the selection process, a public meeting shall be set in which concerns of residents, businesses, and community organizations alike may be brought before the City and/or City Council.
5. 
The Community Development Director shall conduct the public meeting to solicit community feedback.
6. 
Public notice shall be mailed at least 10 days prior to the public meeting to the following:
a. 
All property owners of record within a minimum 600-foot radius of the subject property as shown on the latest available assessment roll or a larger radius if deemed necessary by the Community Development Director in order to provide adequate public notification; and
b. 
Any person or group who has filed a written request for notice regarding the specific application.
7. 
Failure to Notify Individual Properties. The validity of the proceedings shall not be affected by the failure of any property owner, resident or neighborhood or community organization to receive a mailed notice.
8. 
Applications shall be vetted by the City Manager consistent with subsection K.(3) of this section. At the conclusion of the vetting process, the City Manager shall prepare a report with findings and recommendations for consideration by the City Council. The recommendations shall include a summary of the concerns voiced by the community at the public meeting.
9. 
The City Council shall either deny or approve the final candidates and shall select the top candidates in each category of the cannabis businesses pursuant to subsection K.(1) of this section. The City Council's decision as to the selection of the prevailing candidates shall be final, pending an appeal, in the event an appeal is filed as provided for under subsections T, Appeals, and U, Written Request for Appeal, of this section.
10. 
The City will issue notice to the prevailing candidates that the City will issue an official cannabis business permit(s) upon the prevailing applicant(s) obtaining all required land use approvals. Once all required land use approvals are secured, the City will issue an official cannabis business permit.
M. 
Exercise of a Cannabis Business Permit.
1. 
Each cannabis business permit issued pursuant to this section shall expire 12 months after the date of issuance. Cannabis business permits may be renewed as provided in subsection P of this section.
2. 
A cannabis business permit shall be exercised within 12 months of issuance. "Exercised" shall mean when any of the following occur:
a. 
A certificate of occupancy has been issued;
b. 
The permitted use(s) has commenced on the site; or
c. 
A City building permit or grading permit is secured, and construction lawfully commenced.
N. 
Scope of Approval.
1. 
If a location has not been in regular and continuous operation in the preceding four months, that location shall be considered abandoned and shall need to reapply for a cannabis business permit unless a mitigating circumstance occurs which was beyond the control of the permittee and an extension is authorized by the City Manager.
2. 
The approval of a new use shall terminate all rights and approvals of a cannabis business permit occupying the same site or location.
O. 
Reapplying for a Cannabis Business Permit. If an applicant is denied a permit due to a disqualifying factor such as failing a background check or not complying with any state or local jurisdictions' regulatory requirements in which legal or administrative action has been taken a new application may not be filed for one year from the date of the denial. This section shall not apply to an approved applicant who was not awarded a permit resulting from the City not selecting them for one of the permits in an application process.
P. 
Renewal of Cannabis Business Permits.
1. 
An application for renewal of a cannabis business permit shall be filed at least 60 calendar days prior to the expiration date of the current permit.
2. 
The renewal application shall contain all the information required for new applications.
3. 
The applicant shall pay a fee in an amount to be set by the City Council to cover the costs of processing the renewal permit application, together with any costs incurred by the City to administer the program created under this section.
4. 
An application for renewal of a cannabis business permit shall be rejected if any of the following exists:
a. 
The application is filed less than 60 days before its expiration unless the City Manager, at the City Manager's sole discretion, approves an extension of the deadline.
b. 
The cannabis business permit is suspended or revoked at the time of the renewal application.
c. 
The cannabis business has not been in regular and continuous operation in the four months prior to the renewal application or the approved extension of the deadline from the City Manager.
d. 
The cannabis business has failed to conform to the requirements of the cannabis business permit or this section or any regulations adopted pursuant to this section.
e. 
The permittee fails or is unable to renew its state of California license.
f. 
If the state has determined, based on substantial evidence, that the permittee or applicant is in violation of the requirements of the state rules and regulations and the state has determined that the violation is grounds for termination or revocation of the cannabis business permit.
5. 
The City Manager is authorized to make all decisions concerning the issuance of a renewal permit. In making the decision, the City Manager is authorized to impose additional conditions to a renewal permit, if it is determined to be necessary to ensure compliance with state or local laws and regulations or to preserve the public health, safety, or welfare. Appeals from the decision of the City Manager shall be handled pursuant to subsections W, Appeal Hearing Process, through X, Administrative Hearing and Proceedings, of this section.
6. 
If a renewal application is denied, a person may file a new application pursuant to this section no sooner than one year from the date of the denial.
Q. 
Revocation of Permits. Cannabis business permits may be revoked for any violation of any state or local laws, rules, standards, policies, procedures, or regulations in this section relating to cannabis.
R. 
Effect of State License Suspension. Suspension of a license issued by the state of California, or by any of its departments or divisions, shall immediately suspend the ability of a cannabis business to operate within the City until the state of California or its respective department or division reinstates or reissues the state license.
S. 
Effect of State Revocation. Revocation of a license issued by the state of California, or by any of its departments or divisions, shall immediately suspend the ability of a cannabis business to operate within the City until the state of California or its respective department or division takes appropriate action. Should the state revoke a license, the cannabis business owner may reapply for a local permit at such time as it can demonstrate that the grounds for revocation of the license by the state no longer exist or that the underlying deficiency has otherwise been cured.
T. 
Appeals. Appeals relating to denial of an initial application; denial of advancement to the interview or final determination process; to revoke or suspend a permit; to deny renewal of an application for a permit; or to add conditions to a permit shall be conducted as prescribed in this section.
U. 
Written Request for Appeal.
1. 
Any denial of an initial application; denial of advancement to the interview or final determination process; revocation or suspension of a permit; denial of a renewal of an application for a permit; or addition of any condition(s) to a permit by the City Manager shall be in writing. The written decision shall be personally delivered or sent to the parties by first class mail. The decision shall be served upon the applicant and any other responsible person. The decision may be personally delivered or sent by first class mail. If service is by mail, service shall be deemed completed at the time of deposit into the United States mail. The failure to serve any person required herein to be served shall not invalidate any proceedings under this section as to any other person duly served. In cases in which the City can verify delivery of a notice to an applicant or in which an applicant is documented as refusing delivery, lack of receipt of the notice cannot form the basis for an appeal.
2. 
Within 10 calendar days after the date of a decision of the City Manager to revoke, suspend, or deny an initial or renewal permit application, or to add conditions to a permit, an applicant or permittee may appeal such action by filing a written appeal with the City Clerk setting forth the reasons why the decision was not proper.
V. 
Grounds for Appeal for an Initial Permit Decision to Advance to the Interview or Final Decision Process.
1. 
The Hearing Examiner will hear appeals that address the following issues:
a. 
Any deviation from the City's published application procedures that adversely affected the applicant by altering the outcome of the City's decision on the applicant's application. Examples of appealable deviations are:
i. 
Failure on the part of the City to provide appropriate notification regarding changes to the application process via website postings and/or email to the applicant prior to the time the application was submitted;
ii. 
Failure on the part of the City to provide an applicant an equal opportunity to modify an application where that opportunity was provided to other applicants; or
iii. 
The scoring of one or more portions of the applicant's application was not justified based on the information presented in the application or due to a material error or omission on the part in scoring the application.
2. 
Any appeal based upon this section must be supported by evidence that the applicant presented the relevant information with completeness and in the appropriate section of the application. Information presented in the application that is incomplete in nature or that is relevant to a question posed by the City on the application form but appears in the incorrect section, even if complete, may be grounds for the dismissal of the appeal.
3. 
No applicant that is eligible to participate in the final determination process but is not selected during the final determination process shall be eligible to appeal the final decision.
W. 
Appeal Hearing Process.
1. 
The decision of the Hearing Examiner shall be issued in writing in accordance with subsection X of this section and shall be personally delivered or sent to the parties by first class mail. The decision shall be served upon the applicant and any other responsible person. If service is by mail, service shall be deemed completed at the time of deposit into the United States mail. The failure to serve any person required herein to be served shall not invalidate any proceedings under this section as to any other person duly served. In cases in which the City can verify delivery of a notice to an applicant or in which an applicant is documented as refusing delivery, lack of receipt of the notice cannot form the basis for an appeal.
2. 
In the event the Hearing Examiner upholds the decision of the City Manager to deny advancement to the interview or other final determination process, to revoke or suspend a permit, to deny a renewed application for a permit; or to add conditions to a permit, the applicant or permittee may appeal such action to the City Council by filing a written appeal with the City Clerk setting forth the reason why the decision was not proper. For an initial permit application appeal, reasons shall be stated with specificity and shall address the issues outlined in subsection V of this section.
3. 
The notice of appeal shall be in writing and signed by the person making the appeal ("appellant"), or their legal representative, and shall contain the following:
a. 
Name, address, and telephone number of the appellant.
b. 
Specify decisions, actions, or a particular part thereof, made that are the subject of the appeal.
c. 
A true and correct copy of the decision issued by the Hearing Examiner for which the appellant is appealing.
d. 
State with specificity the reasons and grounds for making the appeal, including, but not limited to, a statement of facts upon which the appeal is based in sufficient detail to enable the City Council to understand the nature of the controversy, the basis of the appeal, and the relief requested.
e. 
All documents or other evidence pertinent to the appeal that the appellant requests the City Council to consider at the hearing.
4. 
Failure of the City Clerk to receive a timely appeal constitutes a waiver of the right to appeal the notice issued by the Hearing Examiner. In this event, the Hearing Examiner's decision shall be final.
5. 
In the event a written notice of appeal is timely filed, the nonrenewal, suspension, or revocation shall not become effective until a final decision has been rendered and issued by the City Council. Notices of appeal not served in a timely manner or served by nonoperational business shall not serve to allow such business to operate pending appeal.
6. 
If no appeal is timely filed in the event of a decision of nonrenewal, the cannabis business's permit shall expire at the conclusion of the term of the permit. If no appeal is timely filed in the event of a decision supporting suspension or revocation, the suspension or revocation shall become effective upon the expiration of the period for filing a written notice of appeal.
X. 
Administrative Hearing and Proceedings.
1. 
Review by City Council or Hearing Examiner – Administrative Hearing and Proceedings.
a. 
Appellants who file a timely written notice of appeal will be entitled to an administrative hearing before the Hearing Examiner, or if applicable, by the City Council. Any appeal related to the initial application process shall be subject to the procedures pursuant to subsection W of this section.
b. 
Upon receipt by the City Clerk of a timely filed notice of appeal pertaining to suspensions, revocations, or nonrenewals the City Clerk shall forward such appeal to the Hearing Examiner, who shall schedule a hearing within 30 days of receipt of the notice of appeal. For appeals to the City Council the City Clerk shall schedule a hearing within 30 days of receipt of the notice of appeal. In the event such hearing cannot be heard within that time period or a mutually agreed upon time with the appellant then the City Clerk shall schedule the appeal to be heard by the City Council or Hearing Examiner within 45 days of the receipt of the notice of appeal, or for appeals heard by the City Council, if such appeal cannot be held within 45 days of the receipt of the notice of appeal then as reasonably possible at the next scheduled City Council meeting.
c. 
The appellant(s) listed on the written notice of appeal shall be notified in writing of the date, time, and location of the hearing at least 10 days before the date of the hearing ("notice of appeal hearing").
d. 
A request by an appellant or by the City to continue a hearing must be submitted to the City Clerk in writing no later than three business days before the date scheduled for the hearing. The City Council, or Hearing Examiner, may continue a hearing for good cause or on its own motion; however, in no event may the hearing be continued for more than 30 calendar days, unless there is a stipulation by all parties to do so.
2. 
At the date, time, and location set forth in the notice of appeal hearing, the City Council or Hearing Examiner shall hear and consider the testimony of the appellant(s), City staff, and/or their witnesses, as well as any documentary evidence properly submitted for consideration.
3. 
The following rules shall apply at the appeal hearing:
a. 
Appeal hearings are informal, and formal rules of evidence and discovery do not apply. However, rules of privilege shall be applicable to the extent they are permitted by law, and irrelevant, collateral, undue, and repetitious testimony may be excluded.
b. 
The City bears the burden of proof to establish the grounds for nonrenewal, suspension or revocation by a preponderance of evidence. Appellant(s) bear the burden of proof regarding denial of an applicant's application.
c. 
The issuance of the City Manager's decision constitutes prima facie evidence of grounds for the denial, nonrenewal, suspension or revocation, and City personnel who significantly took part in the investigation, which contributed to the City Manager issuing a notice of decision may participate in the administrative hearing.
d. 
The City Council or the Hearing Examiner may accept and consider late evidence not submitted initially with the notice of appeal upon a showing by the appellant of good cause. The City Council, or Hearing Examiner, shall determine whether a particular fact or facts amount to good cause on a case-by-case basis.
e. 
The appellant may bring a language interpreter to the hearing at the appellant's sole expense.
f. 
The City may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video recording. If the appellant requests from the City that a court reporter, stenographer, or videographer be used, appellant shall bear the costs of same and shall deposit such fees prior to commencement of the administrative hearing.
4. 
If the appellant, or appellant's legal representative, fails to appear at the appeal hearing, the City Council, or the Hearing Examiner, may cancel the appeal hearing and send a notice thereof to the appellant by first class mail to the address(es) stated on the notice of appeal. A cancellation of a hearing due to nonappearance of the appellant shall constitute the appellant's waiver of the right to appeal and a failure to exhaust all administrative remedies. In such instances, the City Manager's notice of decision is final and binding.
5. 
Decision of the City Council, or Appointed Hearing Examiner – Final Decision. Following the conclusion of the administrative hearing, the City Council or Hearing Examiner shall issue a written decision within 20 days which (a) determines if the action appealed from is affirmed or overturned and (b) specifies the basis (grounds and reasons) for the decision.
6. 
The written decision of the Hearing Examiner shall provide that it is final and conclusive and is subject to the time limits set forth in California Code of Civil Procedure Section 1094.6 for judicial review unless appealed to the City Council in accordance with subsections W.(2) and (3) of this section.
7. 
The written decision of the City Council shall provide that it is final and conclusive and is subject to the time limits set forth in California Code of Civil Procedure Section 1094.6 for judicial review.
8. 
A copy of the written decision shall be served by certified, first class mail on the appellant. If the appellant is not the owner of the real property in which the cannabis business is located, or proposed to be located, a copy of the final decision may also be served on the property owner by first class mail to the address shown on the last equalized assessment roll. Failure of a person to receive a properly addressed final decision shall not invalidate any action or proceeding by the City pursuant to this section.
9. 
In the event the final decision upholds the decision of the City Manager to deny advancement to the interview or other final determination process, to revoke or suspend a permit, to deny a renewed application for a permit; or to add conditions to a permit, the City shall charge applicant or permittee an appeal fee, as established by resolution of the City Council.
Y. 
Change in Location – Updated Application Form.
1. 
Any time the dispensing, testing, manufacturing, and distribution location specified in the regulatory permit is changed, the permittee shall submit an updated application form to the City Manager. The process and the fees for the processing of the application form shall be the same as the process and fees set forth in subsections P and Z of this section.
2. 
Within 15 calendar days of any other change in the information provided in the updated application form or any change in status of compliance with the provisions of this section, including any change in the cannabis business ownership or management members, the applicant shall file an updated application form with the City Manager for review along with an application amendment fee, as set forth in subsections P.(3) and Z of this section.
Z. 
Transfer of Cannabis Business Permit.
1. 
The owner of a cannabis business permit shall not transfer ownership or control of the permit to another person or entity until the transferee obtains an amendment to the permit from the City Manager stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the City Manager in accordance with all provisions of this section (as though the transferee were applying for an original cannabis business permit). The proposed transferee's application shall be accompanied by a transfer fee in an amount set by resolution of the City Council (or if not set, shall be the same amount as the application fee).
2. 
The City Manager shall conduct a hearing to determine whether the transferee satisfies the eligibility requirements for a new permit. The transferee's application will be treated as a new application and will be evaluated according to the procedures described in subsections K and L of this section. This will require a complete evaluation of the application and an interview of the applicant prior to the hearing, including a determination of whether the transfer involves a substantial change in ownership (any alteration in the permittee's business structure/ownership that results in a change of 51 percent or more of the original ownership). Following the hearing, the City Council must approve the transfer in order for it to be authorized, as provided in subsection Z of this section. If the transfer involves a lesser percentage of the change in ownership than the threshold cited above, then the hearing will be administrative in nature and City Council approval will not be required for the transfer to be authorized.
3. 
Cannabis business permits issued through the grant of a transfer by the City Manager shall be valid for a period of one year beginning on the day the City Manager approves the transfer of the permit. Before the transferee's permit expires, the transferee shall apply for a renewal permit and pay the appropriate fee in the manner required by this section.
4. 
Changes in ownership of a permittee's business structure or a substantial change in the ownership of a permittee business entity (changes that result in a change of more than 51 percent of the original ownership) must be approved by the City Council following completion of the transfer process contained in subsection A of this section. Failure to comply with this provision is grounds for permit revocation.
5. 
A permittee may change the form of business entity without applying to the City Manager for a transfer of permit, provided:
a. 
The membership of the new business entity is substantially similar to original permit holder business entity (at least 51 percent of the membership is identical).
b. 
Although a transfer is not required in this circumstance, the permit holder is required to notify the City Manager in writing of the change within 10 days. Failure to comply with this provision is grounds for permit revocation.
6. 
A cannabis business permit shall not be transferred when the City has notified the permittee in writing that the permit has been or may be suspended or revoked.
7. 
Any attempt to transfer a cannabis business permit either directly or indirectly in violation of this section is hereby declared a violation of the permit and this chapter. Such a purported transfer shall be deemed a ground for revocation of the permit.
AA. 
City Business License. Prior to commencing operations, a cannabis business shall obtain a City of Vacaville business license as required under Section 5.08.010, License Required.
BB. 
Building Permits and Inspection. Prior to commencing operations, a cannabis business permit shall be subject to a mandatory building inspection and must obtain all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. This includes, but is not limited to, obtaining any required building permit(s), City Fire Department approval, City Police Department approval, City Code Enforcement approvals, City Community Development Department approval, County of Solano Health Department approval, and any other applicable zoning and land use permit(s) and approvals.
CC. 
Authorization From the Community Development Director. Prior to commencing operations, a cannabis business must obtain authorization from the Director of Community Development (as defined under Section 14.02.040.020, Definitions of Officers, Managers and Entities), certifying that the business is located on a site that meets all of the requirements in subsections BB, DD, and EE of this section.
DD. 
Right to Occupy and to Use Property. Prior to the City's issuance of a cannabis business permit pursuant to this section, any person intending to open and to operate a cannabis business shall first provide sufficient evidence of the legal right to occupy and to use the proposed location. If the proposed location will be leased from the property owner, the applicant shall be required to provide a signed and notarized statement from the owner of the property, acknowledging that the property owner has read this section and consents to the operation of the cannabis business on the owner's property.
EE. 
Location and Design of Cannabis Businesses. Cannabis businesses permitted to engage in retail, distribution, manufacturing, testing labs, and microbusiness (noncultivation) operations for cannabis and cannabis products are subject to the following zoning and locational requirements:
1. 
Distribution, manufacturing, testing labs and microbusiness (noncultivation) which includes non-storefront retail activities may only be zoned in the following zone districts: BP (business park), IP (industrial park), applicable policy plans and must meet all the requirements pursuant to this division. Cannabis business permittees must also meet all of the following distance requirements:
a. 
It shall be no closer than 600 feet from any zoned parcel in the City designated by the City and state law as a sensitive use, and pursuant to this subsection. The distance measured shall be the horizontal distance measured in a straight line from the property line of those parcels in this subsection to the closest property line of the lot on which the cannabis business is located.
b. 
It shall be no closer than 600 feet from any parcel containing any of the following:
i. 
A school providing instruction in kindergarten or any grades one through 12, (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12);
ii. 
A commercial daycare center licensed by the state, county or City which is in existence at the time the license is issued unless the state licensing authority or the City specifies a greater radius;
iii. 
A youth center that is in existence prior to the submittal of the initial cannabis application or at the time the license is issued, unless the state licensing authority or the City specifies a greater radius.
2. 
Retail storefront shall be zoned in the following zone districts: CG (general commercial district) and must meet all the requirements pursuant to Chapter 14.09.070 of this code, Commercial and Mixed-Use Zoning Districts. The commercial cannabis businesses must also meet all of the following distance requirements:
a. 
It shall be no closer than 600 feet from any zoned parcel in the City designated by the City and state law as a sensitive use and pursuant to this subsection. The distance measured shall be the horizontal distance measured in a straight line from the property line of those parcels in this subsection to the closest property line of the lot on which the cannabis business is located.
b. 
It shall be no closer than 600 feet from any parcel containing any of the following:
i. 
A school providing instruction in kindergarten or any grades one through 12, (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12).
ii. 
A commercial daycare center licensed by the state, county or City which is in existence at the time the license is issued, unless the state licensing authority or the City specifies a greater radius.
iii. 
A youth center that is in existence prior to the submittal of the initial cannabis application or at the time the license is issued, unless the state licensing authority or the City specifies a greater radius.
3. 
Each proposed cannabis business shall:
a. 
Conform with the City's General Plan, any applicable specific plan, master plan, and design requirements.
b. 
Comply with all applicable zoning and related development standards.
c. 
Be constructed in a manner that minimizes odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties.
d. 
Be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and all items required for the development.
e. 
Be served by highways adequate in width and improved as necessary to carry the kind and quantity of traffic such use will generate.
f. 
Be provided with adequate electricity, sewerage, disposal, water, fire protection and storm drainage facilities for the intended purpose.
FF. 
Limitations on City's Liability. To the fullest extent permitted by law, the City of Vacaville shall not assume any liability whatsoever with respect to having issued a cannabis business permit pursuant to this section or otherwise approving the operation of any cannabis business. As a condition to the approval of any cannabis business permit, the applicant shall be required to meet all of the following conditions before they can receive the cannabis business permit:
1. 
Execute an agreement, in a form approved by the City Attorney, agreeing to indemnify, defend (at applicant's sole cost and expense), and hold the City of Vacaville, and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, damages, injuries, liabilities, or losses which arise out of, or which are in any way related to, the City's issuance of the cannabis business permit, the City's decision to approve the operation of the cannabis business or activity, the process used by the City in making its decision, or the alleged violation of any federal, state or local laws by the cannabis business or any of its officers, employees or agents.
2. 
Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time by the City Manager.
3. 
Reimburse the City for all costs and expenses, including but not limited to legal fees and costs and court costs, which the City may be required to pay as a result of any legal challenge related to the City's approval of the applicant's cannabis business permit or related to the City's approval of a cannabis activity. The City, at its sole discretion, may participate at its own expense in the defense of any such action, but such participation shall not relieve any of the obligations imposed on applicant hereunder.
GG. 
Records and Recordkeeping.
1. 
Each owner and operator of a cannabis business shall maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than an annual basis (at or before the time of the renewal of a cannabis business permit issued pursuant to this section), or at any time upon reasonable request of the City, each cannabis business shall file a sworn statement detailing the number of sales by the cannabis business during the previous 12-month period (or shorter period based upon the timing of the request), provided on a per-month basis. The statement shall also include gross sales for each month, and all applicable taxes and fees paid or due to be paid. On an annual basis, each owner and operator shall submit to the City a financial audit of the business's operations conducted by an independent certified public accountant. Each permittee shall be subject to a regulatory compliance review and financial audit as determined by the City Manager.
2. 
Each owner and operator of a cannabis business shall maintain a current register of the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in the cannabis business, and separately of all the officers, managers, employees, agents, and volunteers currently employed or otherwise engaged by the cannabis business. The register required by this subsection shall be provided to the City Manager upon a reasonable request.
3. 
All cannabis businesses shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products for all stages of the growing and production or manufacturing, laboratory testing processes until purchase as set forth in the MAUCRSA.
HH. 
Security Measures.
1. 
A cannabis business permittee shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products and to deter and prevent the theft of cannabis or cannabis products at the cannabis business. Except as may otherwise be determined by the City Manager, these security measures shall include, but shall not be limited to, all of the following:
a. 
Perimeter fencing and exterior lighting systems (including motion sensors) for after-hours security as approved by the Chief of Police and/or the Director of Community Development as applicable.
b. 
Preventing individuals from remaining on the premises of the cannabis business if they are not engaging in an activity directly related to the permitted operations of the cannabis business; in cases in which the individual will not voluntarily leave the premises the cannabis employee shall contact the City Police Department.
c. 
Establishing limited access areas accessible only to authorized cannabis business personnel.
d. 
Except for live growing clone plants which are being sold at a cannabis business where applicable, all cannabis and cannabis products shall be stored in a secured and locked vault or vault equivalent. All safes and vaults shall be compliant with Underwriters Laboratories burglary-resistant and fire-resistant standards. All cannabis and cannabis products, including live clone plants that are being sold, shall be kept in a manner as to prevent diversion, theft, and loss.
e. 
Installing 24-hour security surveillance cameras of at least high-definition (HD) quality to monitor all entrances and exits to and from the premises, all interior spaces within the cannabis business which are open and accessible to the public, all interior spaces where cannabis, cash, or currency is being stored for any period of time on a regular basis, and all interior spaces where diversion of cannabis could reasonably occur. All cameras shall record in color. All exterior cameras shall be in weather-proof enclosures, shall be located so as to minimize the possibility of vandalism, and shall have the capability to automatically switch to black and white in low light conditions. The cannabis business shall be responsible for ensuring that the security surveillance camera's footage is remotely accessible by the City Manager, and that it is compatible with the City's software and hardware. In addition, if required by City, remote and real-time live access to the video footage from the cameras shall be provided to the City Chief of Police at the expense of the permittee. Video recordings shall be maintained for a minimum of 90 days and shall be made available to the City Chief of Police upon request. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the cannabis business and shall be capable of enlargement via projection or other means. Internet protocol address information shall be provided to the City Police Department by the cannabis business, to facilitate remote monitoring of security cameras by the City Police Department. Each business shall have network security protocols that are certified by Underwriters Laboratories, LLC.
f. 
Sensors shall be installed to detect entry and exit from all secure areas and shall be monitored in real time by a security company licensed by the state of California Bureau of Security and Investigative Services.
g. 
Panic buttons shall be installed in all cannabis businesses with direct notification to the City Police Department dispatch and shall be configured to immediately alert dispatch for the City Police Department.
h. 
Having a professionally installed, maintained, and monitored real-time alarm system by a security company licensed by the state of California Bureau of Security and Investigative Services.
i. 
Any security measures, such as bars, installed on the windows or the doors of the cannabis business shall be installed only on the interior of the building.
j. 
Security personnel shall be on site 24 hours a day or alternative security as authorized by the City Manager and must have a verified response security patrol when closed. Security personnel must be licensed by the state of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the City Manager, with such approval not to be unreasonably withheld.
k. 
Each cannabis business shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.
l. 
Entrance areas are to be locked at all times and under the control of a designated responsible party that is either: (i) an employee of the cannabis business; or (ii) a licensed security professional.
m. 
Each cannabis business shall have an accounting software system in place to provide point of sale data as well as audit trails or both product and cash, where applicable.
n. 
Each cannabis business shall demonstrate to the City Manager, compliance with the state's track and trace system for cannabis and cannabis products as soon as it is operational.
o. 
Each cannabis business shall have a professionally installed video surveillance system, access control and intrusion alarm systems designed to protect the inventory, facility, and employees. Each business shall have network security protocols that are certified by Underwriters Laboratories, LLC.
p. 
Exterior vegetation shall be planted, altered, and maintained in a fashion that precludes its use as a hiding place for persons on the premises.
q. 
Emergency access and emergency evacuation plans that are in compliance with state and local fire safety standards.
r. 
Installation of "mosquitos" (high-pitch frequency devices) as a deterrent to vandalism/loitering.
2. 
Each cannabis business shall identify a designated security representative/liaison to the City, who shall be reasonably available to meet with the City Manager regarding any security related measures or operational issues. The designated security representative/liaison shall, on behalf of the cannabis business, annually maintain a copy of the current security plan on the premises of the business, to present to the City Manager upon request that meets the following requirements:
a. 
Confirms that a designated manager will be on duty during business hours and will be responsible for monitoring the behavior of employees.
b. 
Identifies all managers of the cannabis business and their contact phone numbers.
c. 
Confirms that first aid supplies and operational fire extinguishers are located in the service areas and the manager's office.
d. 
Confirms that burglar, fire, and panic alarms are operational and monitored by a licensed security company 24 hours a day, seven days a week, and provides contact information for each licensed security company.
e. 
Identify a sufficient number of licensed, interior and exterior security personnel who will monitor individuals inside and outside the cannabis business, the parking lot, any adjacent property under the business's control, and ensure that the parking lot is cleared of employees and their vehicles one-half hour after closing.
3. 
As part of the application and permitting process each cannabis business shall have a storage and transportation plan, which describes in detail the procedures for safely and securely storing and transporting all cannabis, cannabis products, any hazardous materials that may be used by the business, and any currency.
4. 
The cannabis business shall cooperate with the City whenever the City Manager makes a request, with or without prior notice, to inspect or audit the effectiveness of any security plan or of any other requirement of this section.
5. 
A cannabis business shall notify the City Manager within 24 hours after discovering any of the following:
a. 
Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the City Manager.
b. 
Diversion, theft, loss, or any criminal activity involving the cannabis business or any agent or employee of the cannabis business.
c. 
The loss or unauthorized alteration of records related to cannabis, customers or employees or agents of the cannabis business.
d. 
Any other breach of security.
6. 
Compliance with the foregoing requirements shall be verified by the City Manager prior to commencing business operations. The City Manager may supplement these security requirements once operations begin, subject to review by the City Manager if requested by the business owner.
II. 
Fees and Charges.
1. 
No person may commence or continue any cannabis activity in the City, without timely paying in full all fees and charges required for the operation of a cannabis activity. Fees and charges associated with the operation of a cannabis activity shall be established by resolution of the City Council which may be amended from time to time.
2. 
All cannabis businesses authorized to operate under this section shall pay all sales, use, business and other applicable taxes, and all license, registration, and other fees required under federal, state, and local law. Each cannabis business shall cooperate with City with respect to any reasonable request to audit the cannabis business's books and records for the purpose of verifying compliance with this section, including but not limited to a verification of the amount of taxes or fees required to be paid during any period.
3. 
Prior to operating in the City and as a condition of issuance of a regulatory permit, the operator of each cannabis facility shall enter into an operational or community benefit agreement with the City setting forth the terms and conditions under which the cannabis facility will operate that are in addition to the requirements of this section, including, but not limited to, public outreach and education, community service, payment of fees and other charges as mutually agreed, and such other terms and conditions that will protect and promote the public health, safety, and welfare.
JJ. 
General Operating Requirements.
1. 
Cannabis businesses may operate only during the hours specified in the cannabis business permit issued by the City. No person under the age of 21 shall operate or be issued a permit for a cannabis business of any kind, unless permitted per subsection JJ.(8)(b) of this section.
2. 
Restriction on Sales and Consumption. Cannabis shall not be consumed by any person on the premises of any cannabis business. No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages or tobacco on or about the premises of the cannabis business.
3. 
No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any property issued a cannabis business permit, or on any of the vehicles owned or used as part of the cannabis business. No outdoor storage of cannabis or cannabis products is permitted at any time.
4. 
Reporting and Tracking of Product and of Gross Sales. Each cannabis business shall have in place a point-of-sale or management inventory tracking system to track and report on all aspects of the cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale), and other information which may be deemed necessary by the City. The cannabis business shall ensure that such information is compatible with the City's record-keeping systems. In addition, the system must have the capability to produce historical transactional data for review. Furthermore, any system selected must be approved and authorized by the City Manager prior to being used by the permittee.
5. 
All cannabis and cannabis products sold, distributed, or manufactured shall be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with the state and local regulations.
6. 
Emergency Contact. Each cannabis business shall provide the City Manager with the name, telephone number (both land line and mobile, if available) of an on-site employee or owner to whom emergency notice can be provided at any hour of the day.
7. 
Signage and Notices.
a. 
In addition to the requirements otherwise set forth in this section, business identification signage for a cannabis business shall conform to the requirements of Chapter 14.09.260 of this code, Signs, including, but not limited to, seeking the issuance of a City sign permit.
b. 
No signs placed on the premises of a cannabis business shall obstruct any entrance or exit to the building or any window.
c. 
Each entrance to a cannabis business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the cannabis business is prohibited.
d. 
Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered. No cannabis business shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the cannabis business or elsewhere including, but not limited to, the public right-of-way.
e. 
Signage shall not depict any image of cannabis or cannabis products. No banners, flags, snipe signs, billboards, or other prohibited signs may be used at any time.
f. 
In accordance with state law and regulations or as stipulated in the City's cannabis business permit, holders of a cannabis business permit shall agree that, as an express and ongoing condition of permit issuance and subsequent renewal, the holder of the permit shall be prohibited from advertising any cannabis business located in the city limits utilizing a billboard (fixed or mobile), bus shelter, placard, aircraft, or other similar forms of advertising.
This subsection is not intended to place limitations on the ability of a cannabis business to advertise in other legally authorized forms, including on the internet, in magazines, or in other similar ways.
8. 
Minors.
a. 
Persons under the age of 21 years shall not be allowed on the premises of a cannabis business and shall not be allowed to serve as a driver for a mobile delivery service. It shall be unlawful and a violation of this section for any person to employ any person at a cannabis business who is not at least 21 years of age.
b. 
Except as provided in subsection JJ.(8)(a) of this section, persons aged 18 to 20 years shall be allowed on the premises of a cannabis business if they can produce a valid physician's recommendation. In that event, such persons can lawfully purchase cannabis for the sole purpose of addressing the medical need that is the subject of the valid physician's recommendation.
c. 
The entrance to the cannabis business shall be clearly and legibly posted with a notice that no person under the age of 21 years of age is permitted to enter upon the premises of the cannabis business.
9. 
Odor Control. Odor control devices and techniques shall be incorporated in all cannabis businesses to ensure that odors from cannabis are not detectable off site. Cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the cannabis business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the cannabis business. As such, cannabis businesses must install and maintain the following equipment, or any other equipment which the Director of Community Development determines is a more effective method or technology:
a. 
An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;
b. 
An air system that creates negative air pressure between the cannabis business's interior and exterior, so that the odors generated inside the cannabis business are not detectable on the outside of the cannabis business.
10. 
Display of Permit and City Business License. The original copy of the cannabis business permit issued by the City pursuant to this section and the City issued business license shall be posted inside the cannabis business in a location readily visible to the public.
11. 
Background Check. Pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11), which authorize City authorities to access state and local summary criminal history information for cannabis employment, licensing, or certification purposes and authorize access to federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation, every person listed as an owner, investor, manager, supervisor, employee, contract employee or who otherwise works in a cannabis business must submit fingerprints and other information deemed necessary by the Chief of Police for a background check by the City Police Department. Pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11), which require that there be a requirement or exclusion from cannabis employment, licensing or certification based on specific criminal conduct on the part of the subject of the record, no person shall be issued a permit to operate a cannabis business or be allowed to work in a cannabis business unless they have first cleared the background check, as determined by the Chief of Police, as required by this section. A fee for the cost of the background investigation, which shall be the actual cost to the City to conduct the background investigation as it deems necessary and appropriate, shall be paid at the time the application for a cannabis business permit is submitted. Evidence of a conviction of any of the offenses enumerated in Business and Professions Code Section 26057(b)(4), absent a certificate of rehabilitation, shall be grounds for immediate disqualification of the applicant.
12. 
Loitering. The owner and/or operator of a cannabis business shall prohibit loitering by persons outside the facility both on the premises and within 50 feet of the premises. The cannabis business shall notify the City Police Department if anyone continues to loiter around the building or premises after all reasonable action has been taken to remove the individual(s) and the reasonable action taken has not been effective in a timely manner.
13. 
Permits and Other Approvals. Prior to the establishment of any cannabis business or the operation of any such business, the person intending to establish a cannabis business must first obtain all applicable planning, zoning, building, and other applicable permits from the relevant governmental agency which may be applicable to the zoning district in which such cannabis business intends to establish and to operate pursuant to subsection W of this section and all applicable requirements in this section.
14. 
Each cannabis operator shall establish minimum training standards for all employees. The City Manager shall have the discretion to require other training for the business operations should the City identify deficiencies or noncompliance issues with City or state requirements.
KK. 
Amendments to General Operating Requirements. The City Manager may develop other cannabis business operational requirements or regulations as are determined to be necessary to protect the public health, safety, and welfare.
LL. 
Operating Requirements for Retail Storefront Facilities.
1. 
No more than the number of cannabis retailers adopted by Council resolution may operate within the City at any one time and shall be issued a permit by the City.
2. 
Retailers shall verify the age and all necessary documentation of each individual to ensure the customer is not under the age of 18 years. If the potential customer is 18 to 20 years old, retailer shall confirm the customer's possession of a valid doctor's recommendation and/or Health and Safety Code Section 11362.71 identification card (medical marijuana card). For adult-use purchases, retailers shall verify that all customers are 21 years of age or older for the purchase of cannabis or cannabis products.
3. 
Individuals must show their government-issued identification, and, in the case of medical cannabis facilities, their physician's recommendation, or a cannabis card issued pursuant to Health and Safety Code Section 11362.71 in order to gain access into the retailer. The government-issued identification and, if applicable, doctor's recommendation or cannabis card must also be shown at the point-of-sale station at the time of purchase. Doctor recommendations are not to be obtained or provided at the retail location.
4. 
Uniformed licensed security personnel shall be employed to monitor site activity, control loitering and site access, and to serve as a visual deterrent to unlawful activities. Security personnel may be allowed to carry firearms if authorized by the Chief of Police.
5. 
Retailers may have only that quantity of cannabis and cannabis products to meet the daily demand readily available for sale on site in the retail sales area of the retailer. Additional product may be stored in a secured, locked area to which customers, vendors, and visitors shall not have access.
6. 
All restrooms used by the public shall remain locked and under the control of management.
7. 
Retailers authorized to conduct retail activities shall only serve customers who are within the licensed premises, or at a delivery address that meets the requirements of this section.
a. 
The sale and delivery of cannabis goods shall not occur through a pass-through window or a slide-out tray to the exterior of the premises.
b. 
Retailers shall not operate as or with a drive-in or drive-through at which cannabis goods are sold to persons within or about a motor vehicle.
c. 
No cannabis goods shall be sold and/or delivered by any means or method to any person within a motor vehicle.
d. 
All cannabis goods sold by a retail business shall be contained in child-resistant packaging.
e. 
Retailers shall record point-of-sale areas and areas where cannabis goods are displayed for sale on the video surveillance system. At each point-of-sale location, camera placement must allow for the recording of the facial features of any person purchasing or selling cannabis goods, or any person in the retail area, with sufficient clarity to determine identity.
f. 
A retail licensee who is engaged in retail sale shall hire or contract for security personnel who are at least 21 years of age to provide security services for the licensed retail premises. All security personnel hired or contracted for by the licensee shall be licensed by the Bureau of Security and Investigative Services and shall comply with Chapters 11.4 and 11.5 of Division 3 of the Business and Professions Code.
8. 
Access to Retailer Premises.
a. 
Access to the premises of a retail licensee/permittee shall be limited to individuals who are at least 21 years of age.
b. 
Except as provided in subsection JJ.(8)(a) of this section, individuals who are at least 18 years of age and in possession of a valid physician's recommendation shall be granted access to the premises of a retail licensee/permittee for the sole purpose of purchasing medicinal cannabis consistent with the physician's recommendation.
9. 
Authorized Sales. A retailer shall only sell adult-use cannabis and adult-use cannabis products to individuals who are at least 21 years of age. A retailer shall only sell medicinal cannabis or medicinal cannabis products to individuals who are at least 18 years of age, but not yet 21, if those individuals are in possession of a valid physician's recommendation. Medicinal cannabis sales to individuals 21 years of age and older are unrestricted.
10. 
Limited Access Areas. A retailer shall establish limited-access areas and permit only authorized individuals to enter the limited-access areas. Authorized individuals include individuals employed by the retailer as well as any outside vendors, contractors, or other individuals conducting business that requires access to the limited access area. All individuals granted access to the limited access area shall be at least 21 years of age, and if not employed by the retailer, shall be escorted at all times by an employee of the licensee/permittee. A retailer shall maintain a log of all individuals who are not employees who are granted access to the limited access area. These logs shall be made available to the City Manager or the Chief of Police upon request.
11. 
Operating hours of the store front retailer license shall be limited to the hours of nine a.m. through nine p.m., seven days a week.
12. 
Storefront/Retail Security Requirements. All provisions incorporated within subsection HH of this section are directly applicable to and binding on all cannabis businesses, including all storefront/retail businesses.
MM. 
Retailer, Non-Storefront Retailer, and Microbusiness Delivery Requirements.
1. 
Retailers, non-storefront retailers (delivery), and microbusinesses license owners and operators are required to verify the age and the necessary documentation of each customer. They must ensure that medical customers are at least 18 years of age and verify that the customer has a valid doctor's recommendation. Doctor recommendations are not to be obtained or provided at the retail location. In the case of adult-use customers, they must verify that the customer is at least 21 years of age. Sales shall only be made to persons matching this criteria.
2. 
All storefront retailers, non-storefront retailers (delivery), and microbusinesses which conduct deliveries into or within the City of Vaca­ville shall be required to obtain a permit from the City of Vacaville in order to conduct retail sales regardless, if they are located in the City or another local jurisdiction.
3. 
Operating hours of the non-storefront retailer license or out of town retail delivery services shall be limited to the hours of nine a.m. through nine p.m., seven days a week.
NN. 
Retailer, Non-Storefront Retailer and Microbusiness Delivery Vehicle Requirements. Prior to commencing delivery operations, a cannabis retailer, cannabis non-storefront retailer and microbusiness shall provide the following information to the City:
1. 
Proof of ownership of the vehicle or a valid lease for any and all vehicles that will be used to deliver cannabis or cannabis products.
2. 
The year, make, model, color, license plate number, and numerical vehicle identification number (VIN) for any and all vehicles that will be used to deliver cannabis goods.
3. 
Proof of insurance as required in subsection FF of this section for any and all vehicles being used to deliver cannabis goods.
4. 
The licensee shall provide the City with the information required by this section in writing for any new vehicle that will be used to deliver cannabis goods prior to using the vehicle to deliver cannabis goods.
5. 
The licensee shall provide the City with any changes to the information required by this section in writing within 30 calendar days.
OO. 
Operating Requirements for Distributors.
1. 
A distributor shall not store non-cannabis products or non-cannabis accessories that are to be sold to another party on any licensed or permitted premises. Additionally, a distributor shall not distribute non-cannabis products or non-cannabis accessories at a licensed premises. For the purposes of this section, non-cannabis products are any goods that do not meet the definition of cannabis goods as defined in Title 16, Division 42, Section 5000(c) of the California Code of Regulations.
2. 
After taking physical possession of a cannabis goods batch, the distributor shall contact a testing laboratory and arrange for a laboratory employee to come to the distributor's licensed premises to select a representative sample for laboratory testing. The determination of which cannabis goods are to be included in the sample for laboratory testing shall be left to the sole discretion of the laboratory employee.
3. 
A distributor shall ensure that all cannabis goods batches are stored separately and distinctly from other cannabis goods batches on the distributor's premises.
4. 
The distributor shall ensure that the batch size from which the sample is taken meets the requirements of state law, specifically the testing provisions within the California Code of Regulations.
5. 
A distributor or an employee of the distributor shall be physically present to observe the laboratory employee obtain the sample of cannabis goods for testing and shall ensure that the increments are taken from throughout the batch. The sampling shall be video-recorded, and the recording kept available to state and the City for a minimum of 180 days, pursuant to Title 16, Division 42, Section 5305 of the California Code of Regulations.
6. 
A distributor shall not transport cannabis or cannabis products to a licensed retail facility until and unless it has verified that the cannabis or cannabis products have been tested and certified by a testing lab as being in compliance with state health and safety requirements pursuant to Title 16, Division 42, Sections 5705, 5710, and 5714 of the California Code of Regulations.
PP. 
Operating Requirements for Testing Labs.
1. 
Testing labs shall be required to conduct all testing in a manner pursuant to Business and Professions Code Section 26100 and shall be subject to state and local law. Each testing lab shall be subject to additional regulations as determined from time to time as more regulations are developed under this section and any subsequent state of California legislation regarding the same.
2. 
Testing labs shall conduct all testing in a manner consistent with general requirements for the competence of testing and calibrations activities, including sampling using verified methods.
3. 
All cannabis testing laboratories performing testing shall obtain and maintain ISO/IEC 17025 accreditation as required by the Bureau of Cannabis Control.
4. 
Testing labs shall destroy any harvest batch whose testing sample indicates noncompliance with health and safety standards required by the Bureau unless remedial measures can bring the cannabis or cannabis products into compliance with quality standards as specified by law and implemented by the Bureau.
5. 
Each operator shall ensure that a testing laboratory employee takes the sample of cannabis or cannabis products from the distributor's premises for testing required by state law and that the testing laboratory employee transports the sample to the testing laboratory.
6. 
Except as provided by state law, a testing laboratory shall not acquire or receive cannabis or cannabis products except from a licensee in accordance with state law, and shall not distribute, sell, or dispense cannabis, or cannabis products, from the licensed premises from which the cannabis or cannabis products were acquired or received. All transfer or transportation shall be performed pursuant to a specified chain of custody protocol.
7. 
A testing laboratory may receive and test samples of cannabis or cannabis products from a qualified patient or primary caregiver only if the qualified patient or primary caregiver presents the qualified patient's valid physician's recommendation for cannabis for medicinal purpose. A testing lab shall not certify samples from a qualified patient or primary caregiver for resale or transfer to another party or licensee. All tests performed by a testing laboratory for a qualified patient or primary caregiver shall be recorded with the name of the qualified patient or primary caregiver and the amount of the cannabis or cannabis products received.
QQ. 
Operating Requirements for Cannabis Manufacturing – Edibles and Other Cannabis Products – Sale of Edible and Other Cannabis Products.
1. 
Cannabis manufacturing shall only be permitted pursuant to subsection E of this section, or any subsequently created manufacturing state license as defined in MAUCRSA and may be permitted to operate only within those zone districts as defined in the City's Municipal Code.
2. 
Any compressed gases used in the manufacturing process shall not be stored on any property within the City in containers that exceed the amount which is approved by the City Fire Department and authorized by the regulatory permit. Each site or parcel subject to a cannabis business permit shall be limited to a total number of tanks as authorized by the City Fire Department on the property at any time.
3. 
Cannabis manufacturing facilities may use heat, screens, presses, steam distillation, ice water, ethanol, and other methods without employing solvents or gases to create keef, hashish, bubble hash, or infused dairy butter, or oils or fats derived from natural sources, and other extracts.
4. 
If an extraction process uses a professional grade closed loop CO2 gas extraction system every vessel must be certified by the manufacturer for its safe use as referenced in subsection QQ.(6) of this section. The CO2 must be of at least 99 percent purity.
5. 
Closed loop systems for compressed gas extraction systems must be commercially manufactured and bear a permanently affixed and visible serial number.
6. 
Certification from an engineer licensed by the state of California, or by a certified industrial hygienist, must be provided to the Community Development Department for a professional grade closed loop system used by any cannabis manufacturing manufacturer to certify that the system was commercially manufactured, is safe for its intended use, and was built to codes of recognized and generally accepted good engineering practices, including but not limited to:
a. 
The American Society of Mechanical Engineers (ASME);
b. 
American National Standards Institute (ANSI);
c. 
Underwriters Laboratories, LLC (UL); or
d. 
The American Society for Testing and Materials (ASTM).
7. 
The certification document must contain the signature and stamp of the professional engineer or industrial hygienist and serial number of the extraction unit being certified.
8. 
Professional closed loop systems, other equipment used, the extraction operation, and facilities must be approved for their use by the City Fire Department and meet any required fire, safety, and building code requirements specified in the California Building Reference Codes.
9. 
Cannabis manufacturing facilities may use food grade glycerin, ethanol, and propylene glycol solvents to create or refine extracts. Ethanol should be removed from the extract in a manner to recapture the solvent and ensure that it is not vented into the atmosphere.
10. 
Cannabis manufacturing facilities creating cannabis extracts must develop standard operating procedures, good manufacturing practices, and a training plan prior to producing extracts for the marketplace.
11. 
Any person using solvents or gases in a closed looped system to create cannabis extracts must be fully trained on how to use the system, have direct access to applicable material safety data sheets to handle, and store the solvents and gases safely.
12. 
Parts per million for one gram of finished extract cannot exceed state standards for any residual solvent or gas when quality assurance tested.
RR. 
Operating Requirements for Delivery Services. Prior to commencing operations, a cannabis out-of-City delivery service shall comply with the following requirements:
1. 
Obtain from the City a permit authorizing the delivery of cannabis and cannabis products within the City limits. A copy of this permit shall be retained by all drivers.
2. 
The retail business operating the delivery service shall provide the City Manager with evidence of a valid state license for a cannabis business on whose authorization the delivery service is performing the delivery function.
3. 
The retail business operating the delivery service shall furnish to the City Manager the year, make, model, license plate number, and numerical vehicle identification number (VIN) for any and all vehicles that will be used to deliver cannabis goods.
SS. 
Permissible Delivery Locations and Customers. Cannabis delivery businesses located outside of the City permitted to engage in delivery of cannabis and cannabis products inside the City are subject to the following requirements:
1. 
A licensed cannabis business shall not deliver cannabis goods to an address located on publicly owned land or any address on land or in a building leased by a public agency.
2. 
A licensed cannabis business shall comply with all requirements of state and local law pertaining to the cannabis business permit and all subsequent policies, procedures and regulations which may be amended by the City Manager from time to time in order to enforce this section.
3. 
Any kiosk, iPad, tablet, smartphone, fixed location, or technology platform, whether manned or unmanned, other than a retail location permitted by the City, that facilitates, directs, or assists the retail sale or delivery of cannabis or cannabis products is prohibited and shall be a violation of this section.
TT. 
Promulgation of Regulations, Standards and Other Legal Duties.
1. 
In addition to any regulations adopted by the City Council, the City Manager (as Chief Administrative Officer pursuant to Section 2.08.040, Powers and duties) is authorized to establish any additional rules, regulations and standards governing the issuance, denial or renewal of cannabis business permits, the ongoing operation of cannabis businesses and the City's oversight, or concerning any other subject determined to be necessary to carry out the purposes of this section.
2. 
Regulations shall be published on the City's website.
3. 
Regulations promulgated by the City Manager shall become effective upon date of publication. Cannabis businesses shall be required to comply with all state and local laws and regulations, including but not limited to any rules, regulations or standards adopted by the City Manager.
4. 
Special events shall be subject to state law and City permitting requirements. They shall also be subject to applicable City regulations developed under this subsection and any applicable state legislation.
UU. 
Community Relations.
1. 
Each cannabis business shall provide the name, telephone number, and email address of a community relations contact to whom notice of problems associated with the cannabis business can be provided. Each cannabis business shall also provide the above information to all businesses and residences located within 100 feet of the cannabis business.
2. 
During the first year of operation pursuant to this section, the owner, manager, and community relations representative from each cannabis business holding a permit issued pursuant to this section shall attend meetings with the City Manager, and other interested parties as deemed appropriate by the City Manager, to discuss costs, benefits, and other community issues arising as a result of implementation of this section. After the first year of operation, the owner, manager, and community relations representative from each such cannabis business shall meet with the City Manager when and as requested by the City Manager.
3. 
Cannabis businesses to which a permit is issued pursuant to this section shall develop a City approved public outreach and educational program for youth organizations and educational institutions that outlines the risks of youth addiction to cannabis, and that identifies resources available to youth related to drugs and drug addiction.
VV. 
Fees Deemed Debt to the City. The amount of any fee, cost or charge imposed pursuant to this section shall be deemed a debt to the City that is recoverable via an authorized administrative process as set forth in the City ordinance or in any court of competent jurisdiction.
WW. 
Permit Holder Responsible for Violations. The person to whom a permit is issued pursuant to this section shall be responsible for all violations of the laws of the state of California or of the regulations and/or the ordinances of the City, whether committed by the permittee or any employee or agent of the permittee, which violations occur in or about the premises of the cannabis business whether or not said violations occur within the permit holder's presence.
XX. 
Inspection and Enforcement.
1. 
The enforcement officer may enter the location of a cannabis business at any time, without notice, and inspect the location of any cannabis business as well as any recordings and records required to be maintained pursuant to this section or under applicable provisions of state law.
2. 
It is unlawful for any person having responsibility over the operation of a cannabis business, to impede, obstruct, interfere with, or otherwise not to allow the City to conduct an inspection, review or copy records, recordings or other documents required to be maintained by a cannabis business under this section or under state or local law. It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a cannabis business under this section or under state or local law.
3. 
The enforcement officer may enter the location of a cannabis business at any time during the hours of operation and without notice to obtain samples of the cannabis to test for public safety purposes. Any samples obtained by the City shall be logged, recorded, and maintained in accordance with established procedures by the City Manager or these regulations.
YY. 
Violations Declared a Public Nuisance. Each and every violation of the provisions of this section constitutes a misdemeanor and is hereby deemed unlawful and a public nuisance. The City reserves the right to pursue any available legal remedy to address violations of this section.
ZZ. 
Severability.
1. 
If any section, subsection, phrase, or clause of this division is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this division.
2. 
The City Council declares that it would have passed the ordinance codified in this chapter and each section, subsection, phrase, or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared unconstitutional.
AAA. 
Publication. This chapter shall be published in accordance with the provisions of Government Code Section 36933.
BBB. 
Effective Date. This chapter shall take effect 30 days after the passage thereof.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.270.090 Drive-Through Facilities.
Drive-through facilities are allowed as accessory uses in compliance with the following:
A. 
Permitted. A drive-through facility is permitted within the CG or CH district.
B. 
Minor Use Permit Required. A drive-through facility may be located within the IP or BP district subject to approval of a minor use permit pursuant to Chapter 14.09.300 of this code, Use Permits.
C. 
Conditional Use Permit Required. A drive-through facility may be located within the CN, CO, or MX district subject to approval of a conditional use permit pursuant to Chapter 14.09.300 of this code, Use Permits.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.270.100 Farmer's Market.
Farmer's markets shall be located, developed, and operated in compliance with the following:
A. 
Required Permits. The market operator and vendors shall obtain any permits required pursuant to this title and secure all necessary licenses, certificates and health permits, including permits for street closure, if applicable. All permits (or copies of them) shall be in the possession of the farmer's market manager or the vendor, as applicable, on the site of the farmer's market during all hours of operation.
B. 
Management Plan. A management plan shall be prepared and provided to the Director of Community Development. 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, refuse collection, and parking.
C. 
Hours of Operation. Market activities may be conducted between the hours of seven a.m. and ten p.m. with specific hours and duration to be approved by the City. Set-up of market operations cannot begin more than two hours prior to the operational hours of the market and take-down shall be completed within two hours of the close of the market.
D. 
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.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.270.110 Heliports, Helistops, and Helicopters.
Heliports and helistops, and the operation of helicopters shall be located, developed, and operated in compliance with the following:
A. 
Landing at Other Than an Established Heliport or Helistop Prohibited. It shall be unlawful for any person to land; discharge passengers, materials, or goods; load passengers, materials or goods; or depart in a helicopter any place within the incorporated limits of the City other than at an approved heliport or helistop, or airport, except as follows:
1. 
In connection with a construction project where a helicopter is to be used to lift equipment related and a temporary use permit has been issued and all other approvals that may be required herein and from other reviewing agencies including, but not limited to, the Federal Aviation Administration and the state of California Department of Transportation Division of Aeronautics have been attained.
2. 
Where such deliveries are located within 1,000 feet of a residential district, property owners and residents within 1,000 feet of the site shall be notified by the City at the applicant's expense, a minimum of five calendar days in advance of the proposed delivery. The notification shall include where the use of a helicopter is proposed and of the times and dates when the helicopter will be operated.
3. 
The use of a helicopter within 1,000 feet of a residential district is prohibited between dusk and dawn Monday through Saturday and all day on Sunday and holidays unless specifically approved by the Planning Commission at a duly noticed public hearing.
4. 
In conjunction with a special event such as an athletic contest, a holiday celebration or similar activity after 30 calendar days' advance notice has been given to the Director of Community Development and a temporary use permit has been approved.
B. 
General Requirements. The operation of heliports and helistops within the City shall comply with all of the following requirements:
1. 
There shall be compliance with all laws and regulations of the Federal Aviation Administration, the state of California, and the City.
2. 
No elevated structure being used as a helistop shall be used for fueling, refueling or the storage of flammables.
3. 
The owner and the operator of a helipad or helistop within the City shall maintain insurance in the amount of ten million dollars for personal injury and property damage, naming the City as an additional insured, or such additional sums as the Director of Community Development shall deem necessary because of special circumstances in granting a conditional use permit for such facilities.
4. 
The maximum number of take-offs and landings to be permitted at a helipad or helistop shall be specified in the conditional use permit and shall not exceed a combined total of 10 per day unless the Director of Community Development or the Planning Commission finds that a specified additional number is in the public interest and allows an additional number in granting a conditional use permit for the operation of a helipad or helistop.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.270.120 Home Occupations.
Home occupations shall be located, developed, and operated in compliance with the following:
A. 
Applicability. This section applies to home occupations in any residential unit in the City regardless of the zoning designation, and agricultural districts. It does not apply to family day care, which is regulated separately by the State of California.
B. 
Business License Required. Where applicable, a separate City business license is required for each home occupation.
C. 
Home Occupation Permit Required. A home occupation permit is required prior to the establishment of any home-based business, and shall be processed concurrently with a business license.
D. 
Operational Standards. All home occupations shall be located and operated consistent with the following standards:
1. 
Residential Appearance. The residential appearance of the dwelling unit within which the home occupation is conducted shall be maintained, and no exterior indication of a home occupation is permitted.
2. 
Location. All home occupation activities shall be conducted entirely within the residential/dwelling unit, garage, or accessory building on the lot.
3. 
Floor Area Limitation. No more than 20 percent of the total floor area of a building on the lot may be used in the conduct of the home occupation.
4. 
Structural Modification Limitation. No dwelling shall be altered to create an entrance to a space devoted to a home occupation that is not from within the building, or to create features not customary in dwellings.
5. 
Employees. No employees or independent contractors other than residents of the dwelling unit shall be permitted to work at the location of a home occupation except as otherwise allowed for cottage food operations.
6. 
On-Site Client Contact. No customer or client visits are permitted except for personal instruction services (e.g., musical instruction or training, art lessons, academic tutoring) which may have up to two students at one time, and as permitted by subsection F of this section for cottage food operations.
7. 
Direct Sales Prohibition. Home occupations involving the display or sale of products or merchandise are not permitted from the site except by mail, telephone, internet, or other mode of electronic communication, or except as otherwise allowed for cottage food operations.
8. 
Storage. There shall be no exterior storage of materials, supplies, and/or equipment for the home occupation.
9. 
Hazardous Materials. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the premises, nor use utilities different from those normally provided for residential use. There shall be no storage or use of toxic or hazardous materials other than the types and quantities customarily found in connection with a dwelling unit.
10. 
Nuisances. A home occupation shall be conducted such that no offensive or objectionable noise, dust, vibration, smell, smoke, heat, humidity, glare, refuse, radiation, electrical disturbance, interference with the transmission of communications, interference with radio or television reception, or other hazard or nuisance is perceptible at or beyond any lot line of the unit or structure within which the home occupation is conducted, or outside the dwelling unit if conducted in other than a detached single-unit dwelling.
11. 
Traffic and Parking Generation. Home occupations shall not generate a volume of pedestrian, automobile, or truck traffic that is inconsistent with the normal level of traffic in the vicinity or on the street on which the dwelling is located or which creates the need for additional parking spaces, or involve deliveries to or from the premises in excess of that which is customary for a dwelling unit.
12. 
Vehicles. A maximum of one automobile, van-type vehicle, or pickup or utility truck related to a home occupation, together with equipment, tools and stock-in-trade, shall be permitted in any residential district subject to the following:
a. 
Flatbed style trucks, trucks exceeding a one ton load capacity or vehicles exceeding 80 inches in width shall not be permitted;
b. 
Tools and equipment may not be used for the performance of services upon the premises and stock-in-trade may not be sold from the premises;
c. 
Commercial vehicles and trailers may not be parked on any public street except when services are being provided; and
d. 
Trailers used in conjunction with any home occupation may not be parked in the front yard.
E. 
Exceptions to Operational Standards. The Director of Community Development may grant exceptions to the operational standards of this section upon making the following findings:
1. 
That the granting of the exception does not result in a home occupation which is inconsistent with the purposes of this section.
2. 
That there are special circumstances surrounding the proposed home occupation, including evidence of physical disability, or its proposed location such that the proposed home occupation will not be disruptive to the general harmony, safety, or welfare of the residential neighborhood in which the use is proposed.
F. 
Cottage Food Operations. A cottage food operation is allowed as a home occupation and an accessory use to any legally established residential unit subject to the following standards:
1. 
Registration. Cottage food operations shall be registered as "Class A" (sold directly to the public) or "Class B" (sold either indirectly to the public or both indirectly and directly to the public) cottage food operations and shall meet the respective health and safety standards set forth in Section 114365 et seq. of the California Health and Safety Code.
2. 
Sales. Sales directly from a cottage food operation are limited to the sale of cottage food products. A cottage food operation shall not have more than fifty thousand dollars in gross annual sales in each calendar year.
3. 
Operator and Employee Allowed. Only the cottage food operator and members of the household living in the dwelling unit, as well as one full-time equivalent cottage food employee, may participate in a cottage food operation on the site.
4. 
Equipment. Cottage food operations may employ kitchen equipment as needed to produce products for which the operation has received registration; provided, that equipment would not change the residential character of the unit, result in safety hazards, or create smoke or steam noticeable at the lot line of an adjoining residential property. Venting of kitchen equipment shall not be directed toward neighboring residential uses.
G. 
Prohibited Home Occupations. The following specific businesses are not permitted as home occupations:
1. 
Automobile/vehicle sales and services;
2. 
Animal care, sales, and services;
3. 
Cannabis retail;
4. 
Eating and drinking establishments;
5. 
Firearm sales, including firearms brokers;
6. 
Hospitals and clinics;
7. 
Lodging;
8. 
Personal services; and
9. 
Retail sales.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1996, Amended, 07/23/2024)
§ 14.09.270.130 Outdoor Dining and Seating.
Outdoor dining and seating shall be located, developed, and operated in compliance with the following:
A. 
Applicability. The standards of this section apply to outdoor dining and seating located on private property. Outdoor dining and seating located in the public right-of-way is subject to an encroachment permit issued by the Public Works Department or other process established by the City Council.
B. 
Accessory Use. Outdoor dining and seating shall be conducted as an accessory use to a legally established use that is located on the same lot.
C. 
Hours of Operation. The hours of operation are limited to the hours of operation of the associated use.
D. 
Maintenance. Outdoor dining and seating areas shall remain clear of litter at all times.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.270.140 Outdoor Display and Sales.
Outdoor display and sales shall be located, developed, and operated in compliance with the following:
A. 
Temporary Outdoor Display and Sales. The temporary outdoor display and sale of merchandise shall comply with Section 14.09.270.170, Temporary Uses, and Chapter 14.09.300 of this code, Use Permits.
B. 
Size. There is no limit on the size of outdoor display areas for vehicle sales and leasing, nursery and garden centers, and building materials sales. For other uses, outdoor display areas 500 square feet or less in size are permitted. Outdoor display areas more than 500 square feet in size require minor use permit approval.
C. 
Relationship to Main Use. The outdoor display and sales area shall be directly related to a business occupying a primary structure on the subject parcel.
D. 
Allowable Merchandise. Only merchandise sold at the business is permitted to be displayed outdoors.
E. 
Location. The displayed merchandise shall occupy a fixed, specifically approved and defined location and shall not disrupt the normal function of the site or its circulation and shall not encroach upon parking spaces, driveways, pedestrian walkways, or required landscaped areas.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.270.150 Recycling Facilities.
Recycling facilities shall be located, developed, and operated in compliance with the California Beverage Container Recycling and Litter Reduction Act of 1986 (Public Resources Code Section 14500) and the following standards:
A. 
All Recycling Facilities. All recycling facilities shall be subject to the following standards:
1. 
Security. Recycling facilities shall be secured from unauthorized entry or removal of material and have enough capacity to accommodate materials collected and collection schedule.
2. 
Maintenance. Recycling facilities, including donation areas, shall be maintained in a dust- and litter-free condition and shall be swept daily.
3. 
Overconcentration – Grounds for Denial. The decision maker may find that the presence of more than one recycling facility in any convenience zone established by the California State Department of Conservation to be an over-concentration of recycling facilities and on this basis, the decision maker may deny a permit for a recycling facility.
B. 
Reverse Vending Machines. In addition to the requirements of subsection A of this section, reverse vending machines shall be located, developed, and operated in compliance with the following standards:
1. 
Number of Machines. Reverse vending machines shall be limited to one machine per host business.
2. 
Maximum Size. Reverse vending machines shall occupy no more than 50 square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height.
3. 
Location. In addition to the following requirements, recycling facilities shall comply with the setback requirements of the district in which the facility is located.
a. 
Reverse vending machines shall only be established in conjunction with a commercial or community service host facility in compliance with applicable Building and Fire Codes.
b. 
Reverse vending machines shall be located within 30 feet of the entrance to the commercial or community service facility.
c. 
Reverse vending machines shall not obstruct pedestrian or vehicular circulation.
4. 
Material. Reverse vending machines shall be constructed and maintained with durable waterproof and rustproof material.
5. 
Parking. Reverse vending machines shall not occupy parking spaces required by the primary use.
6. 
Reverse vending machines outside a commercial structure do not require additional parking spaces for patrons.
7. 
Signs and Identification. Reverse vending machines shall be 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. The maximum sign area on a reverse vending machine is four square feet per machine, not including operating instructions.
8. 
Hours of Operation. Operating hours shall be at least the operating hours of the host business.
9. 
Lighting. Reverse vending machines shall be illuminated to ensure comfortable and safe operations if operating hours are between dusk and dawn.
C. 
Recycling Collection Facilities. In addition to the requirements of subsection A of this section, recycling collection facilities (including drop-off box locations) shall be located, developed, and operated in compliance with the following standards:
1. 
Small Recycling Collection Facilities.
a. 
Maximum Size. Small recycling collection facilities shall not exceed a building footprint of 500 square feet or occupy more than five parking spaces (not including space periodically needed for removal or exchange of materials or containers).
b. 
Location. In addition to the following requirements, recycling facilities shall comply with the setback requirements of the district in which the facility is located.
i. 
Small recycling collection facilities shall only be established in conjunction with a commercial or community service host facility in compliance with applicable Building and Fire Codes.
ii. 
Small recycling collection facilities shall be set back at least 10 feet from any street line, be at least 200 feet from the edge of any four-way intersection, and not obstruct pedestrian or vehicular circulation.
iii. 
Attended small recycling collection facilities located within 100 feet of a property zoned or occupied for residential use shall operate only during the hours between nine a.m. and seven p.m.
iv. 
Containers for the 24-hour donation of materials shall all be at least 100 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.
v. 
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. 
Equipment. No power-driven processing equipment, except for reverse vending machines, may be used.
d. 
Items Accepted. Small recycling collection facilities shall accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with permission of the county public health official.
e. 
Signs and Identification. Signs shall comply with the requirements of Chapter 14.09.260 of this code, Signs. The Director of Community Development may authorize increases in the number, size, and nature of additional signs for necessary directional or identification purposes, but not for outdoor advertising.
i. 
Informational Sign. Containers shall be clearly marked to identify the type of recyclables that may be deposited. The name and telephone number of the facility operator shall be conspicuously posted, along with the hours of operation, and a notice stating that no material shall be left outside the recycling enclosure or containers.
ii. 
Additional Signs. In addition to informational signs, signs with a maximum sign area of 16 square feet are allowed.
f. 
Storage. All recyclable material shall be stored in containers or in the mobile unit vehicle. Materials shall not be left outside of containers when attendant is not present.
g. 
Parking.
i. 
Customer Parking. No additional parking spaces are required for customers of a small collection recycling facility located at the established parking lot of a host use.
ii. 
Attendant Parking. One space shall be provided for the facility attendant.
iii. 
Parking Reduction. The number of parking spaces required for the primary host may be reduced to allow occupation of parking space by a small collection facility and/or attendant, provided all of the conditions are met:
(A) 
The facility is located in a convenience zone, as designated by the California Department of Conservation;
(B) 
The facility is certified by the California Department of Conservation;
(C) 
A parking study shows available capacity during recycling facility operation;
(D) 
The permit will be reconsidered at the end of 18 months; and
(E) 
The parking space reduction does not exceed the requirements of Table 14.09.270.A, Allowed Parking Reduction to Accommodate Small Recycle Collection Facilities.
TABLE 14.09.270.A: ALLOWED PARKING REDUCTIONS TO ACCOMMODATE SMALL RECYCLING COLLECTION FACILITIES
Required Parking Space for Primary Host
Maximum Parking Space Reduction
Commercial Facility Host Use
0 – 25
0
26 – 35
1
36 – 49
2
50 – 99
3
100 +
4
Commercial Facility Primary Use
A maximum reduction of five spaces allowed when not in conflict with parking needs of the primary use
2. 
Large Recycling Collection Facilities.
a. 
Location. In addition to the following requirements, recycling facilities shall comply with the setback requirements of the zoning district in which the facility is located:
i. 
Large recycling collection facilities shall not abut any property with a residential use.
ii. 
Large recycling collection facility located within 100 feet of property zoned, planned or occupied for residential use, shall not be in operation between seven p.m. and seven a.m.
iii. 
Any containers provided for after-hours donation of recyclable materials will be at least 100 feet from any property zoned or occupied for residential use.
b. 
Equipment. Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding or other light processing activities necessary for efficient temporary storage and shipment of material, may be allowed if all activities are fully enclosed within a building.
c. 
Signs and Identification. Signs shall comply with the requirements of Chapter 14.09.260 of this code, Signs. The Director of Community Development may authorize increases in the number, size, and nature of additional signs for necessary directional or identification purposes, but not for outdoor advertising.
i. 
Containers shall be clearly marked to identify the type of recyclables that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers.
ii. 
The facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation.
d. 
Noise. Large recycling collection facilities shall not exceed noise levels of 60 dBA as measured at the property line of the nearest residentially zoned or occupied property, or 70 dBA at all other property lines.
e. 
Parking. Large recycling collection facilities shall comply with the parking requirements of Chapter 14.09.230 of this code, Parking and Loading. An exception may be made to allow a parking reduction where it can be shown that parking spaces are not necessary (i.e., when employees are transported in a company vehicle to a work facility).
i. 
Customer Parking. The facility shall provide six parking spaces, or the number of spaces to accommodate the anticipated peak customer load, whichever is higher, except where the Director of Community Development determines that allowing additional parking is appropriate to the site and compatible with surrounding businesses and public safety.
ii. 
Commercial Vehicle Parking. One parking space shall be required for each commercial vehicle operated by the large recycling collection facility.
D. 
Recycling Processing Facilities. In addition to the requirements of subsection A of this section, recycling processing facilities shall be located, developed, and operated in compliance with the following standards:
1. 
All Recycling Processing Facilities. All recycling processing facilities shall be subject to the following criteria:
a. 
No portion of an existing parcel shall be divided for the financial purpose of establishing a subleased recycling facility, nor shall any such facility receive approval, until the provisions of the Subdivision Map Act have been complied with and a record map or description is filed;
b. 
All recycling facilities shall comply with the requirements of Chapter 14.09.230 of this code, Parking and Loading;
c. 
All sites shall have access to a convenient water supply for cleaning purposes; and
d. 
All sites shall be located near or have access to a storm drain.
2. 
Light Processing Facilities. In addition to the requirements of subsection D.(1) of this section, light processing facilities shall be located, developed, and operated in compliance with the following standards:
a. 
Maximum Size. Light processing facilities shall not exceed 4,500 square feet.
b. 
Location. In addition to the following requirements, recycling facilities shall comply with the setback requirements of the district in which the facility is located:
i. 
Light processing facilities shall not abut a property zoned or used for residential use.
ii. 
Light processing facilities located within 100 feet of property zoned or occupied for residential use shall not be in operation between seven p.m. and seven a.m.
c. 
After-Hours Donation Containers.
i. 
Shall be located at least 100 feet from any property zoned or occupied for residential use;
ii. 
Shall be constructed of durable waterproof, rustproof material;
iii. 
Shall have enough capacity to accommodate materials collected; and
iv. 
Shall be secure from unauthorized entry or removal of materials.
d. 
Equipment. Power-driven processing shall be permitted in compliance with Section 14.09.240.140, Noise. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source separated recyclable materials and repairing of reusable materials.
e. 
Items Accepted. Light processing facilities may accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code.
f. 
Signs and Identification. Signs shall comply with the requirements of Chapter 14.09.260 of this code, Signs. The Director of Community Development may authorize increases in the number, size, and nature of additional signs for necessary directional or identification purposes, but not for outdoor advertising.
i. 
Containers shall be clearly marked to identify the type of recyclables that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers.
ii. 
The facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation.
g. 
Parking.
i. 
Customer Parking. Adequate space shall be provided on site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, space will be provided for a minimum of 10 customers or the peak load, whichever is higher, except where the Planning Commission determines that allowing additional parking is appropriate to the site and compatible with surrounding businesses and public safety.
ii. 
Commercial Vehicle Parking. One parking space shall be provided for each commercial vehicle operated by the light processing facility.
h. 
Noise. Light processing facilities shall not exceed noise levels of 60 dBA as measured at the property line of the nearest residentially zoned or occupied property, or 70 dBA at all other property lines.
i. 
Operations.
i. 
Shipments. Light processing facilities shall have no more than an average of two outbound truck shipments of material per day and may not shred, compact, or bale ferrous metals other than food and beverage containers.
ii. 
Personnel. Light processing facilities will be administered by on-site personnel during the hours the facility is open.
j. 
Performance Standards. No dust, fumes, smoke, vibration or odor above ambient level shall be detectable on neighboring properties, as provided for by Chapter 14.09.240 of this code, Performance Standards.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.270.160 Residential Uses in Commercial and Employment Districts.
A. 
Allowed Development. Attached single-unit dwellings and multi-unit dwellings are allowed in the CN, CG, and CO districts and multi-unit dwellings (only) in the BP district, subject to conditional use permit approval and the standards of this section.
B. 
Minimum Density. The minimum density is 8.1 units per acre.
C. 
Development Standards. Development standards, including, but not limited to, parking, site coverage, open space and recreation area, building height, separation between uses, and required yards shall be determined through the conditional use permit process.
D. 
Required Findings. In approving a residential use in commercial and employment districts pursuant to this section, the decision making authority shall make the following findings:
1. 
Future residents would not be exposed to health or safety hazards or excessive lighting due to the operation of nonresidential development;
2. 
Residential development would not be detrimental to the existing or proposed uses allowed by the underlying zoning district;
3. 
The site or area dedicated to residential uses is not needed to provide commercial services or employment uses; and
4. 
In the BP district, the residential development is part of an integrated development with a mix of commercial and employment uses.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.270.170 Telecommunication Facilities.
A. 
Purpose. To provide a uniform and comprehensive set of standards for the development and installation of facilities related to telecommunication facilities in order to accommodate the needs of residents and businesses while protecting the public health, safety, and welfare, and the aesthetic quality of the community, consistent with the goals, objectives, and policies of the General Plan, while providing for managed development of telecommunication infrastructure in compliance with the Federal Telecommunications Act of 1996 and related requirements in state law. The specific objectives of this chapter are to:
1. 
Ensure that a comprehensive and broad range of telecommunications services and high quality telecommunications infrastructure are provided to serve the community, including the enhancement of Vacaville's emergency response network;
2. 
Maintain an aesthetically pleasing community environment by ensuring that antenna support structures and associated communications equipment will not create visual clutter, block or degrade views, or diminish the architectural character of buildings and neighborhoods;
3. 
Minimize adverse visual and aesthetic effects of telecommunication facilities through careful design and siting standards;
4. 
Maximize the use of existing and approved structures to accommodate new communication antennas in order to reduce the number of freestanding facilities needed to serve the community;
5. 
Encourage the location of facilities in nonresidential areas through performance standards and incentives; and
6. 
Accrue additional benefit from the facilities to the public by encouraging the leasing of publicly owned properties, where feasible, for the development of telecommunication facilities.
B. 
Applicability and Exemptions. The requirements of this section apply to all telecommunication facilities that transmit and/or receive electromagnetic signals, including but not limited to personal communications services (cellular and paging) and radio and television broadcast facilities. The requirements apply to telecommunication facilities that are the primary use of a property and those that are accessory facilities, except that the following facilities are exempt:
1. 
Licensed amateur (ham) radio and citizen band operations.
2. 
Handheld, mobile, marine, and portable radio transmitters and/or receivers.
3. 
Emergency services radio.
4. 
Radio and television mobile broadcast facilities.
5. 
Antennas and equipment cabinets or rooms completely located inside of permitted structures.
6. 
A single ground- or building-mounted receive-only radio or television antenna not exceeding the maximum height permitted by this code, including any mast, or a receive-only radio or television satellite dish antenna, subject to the following restrictions:
a. 
Residential Districts.
i. 
Satellite Dish One Meter or Less. A satellite dish that does not exceed one meter in diameter, is not located within a required front or street side setback or in front of the primary structure, and for the sole use of a resident occupying the same residential parcel is permitted so long as it does not exceed the height of the ridgeline of the primary structure on the same parcel.
ii. 
Satellite Dish Greater Than One Meter. A satellite dish that is greater than one meter in diameter, is not located within a required setback, and is screened from view from any public right-of-way and adjoining property.
iii. 
Antennas. An antenna that is mounted on any existing building or other structure that does not exceed 25 feet in height. The antenna shall be for the sole use of a resident occupying the same residential parcel on which the antenna is located.
b. 
Nonresidential Districts.
i. 
Satellite Dish Two Meters or Less. A satellite dish that does not exceed two meters in diameter is permitted on a lot in a nonresidential district so long as it is not located within a required front or street side setback or in front of the primary structure.
ii. 
Satellite Dish Greater Than Two Meters. A satellite dish that is greater than two meters in diameter that is not located within a required setback and is screened from view from any public right-of-way and adjoining property.
iii. 
Mounted Antennas. An antenna that is mounted on any existing building or other structure when the overall height of the antenna and its supporting tower, pole or mast does not exceed a height of 25 feet or is completely screened by the parapet or other roof elements of the building.
iv. 
Freestanding Antennas. A freestanding antenna and its supporting tower, pole, or mast that complies with all applicable setback requirements when the overall height of the antenna and its supporting structure does not exceed a height of 25 feet.
v. 
Undergrounding Required. All wires and/or cables necessary for operation of an antenna shall be placed underground or attached flush with the surface of the building or the structure of the antenna.
7. 
Any antenna or wireless communications facility that is exempt from local regulation pursuant to the rules and regulations of the Federal Communications Commission (FCC) or a permit issued by the California Public Utilities Commission (CPUC). The owner or operator of such facility shall provide the Director of Community Development with a copy of a current FCC or CPUC permit or a copy of applicable FCC regulations prior to its installation.
8. 
Minor modifications to existing wireless facilities, including replacement in kind or with smaller or less visible equipment, that meet the standards set forth in this section and will have little or no change in the visual appearance of the facility.
C. 
Permit Requirements.
1. 
Replacement, Removal, or Co-Location of Transmission Equipment (Eligible Facilities Request). The co-location of new transmission equipment, removal of transmission equipment, or the replacement of transmission equipment is permitted by right provided the modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base structure, including an electric utility pole erected to replace an existing electric utility pole, if the replacement pole will serve both electric and wireless communications functions, and if the replacement pole is substantially equivalent to the predecessor pole in placement, height, diameter, and profile.
2. 
Stealth Facilities. Stealth facilities in which the antenna, and sometimes the support equipment, are hidden from view in a structure or concealed as an architectural feature, are permitted in all districts subject to minor use permit approval.
3. 
Co-Located Facilities. Permitted by right when proposed to be co-located on a facility that was subject to a discretionary permit issued on or after January 1, 2007, and an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the wireless telecommunication collocation facility in compliance with the California Environmental Quality Act and the collocation facility incorporates required mitigation measures specified in that environmental impact report, negative declaration, or mitigated negative declaration.
4. 
Non-Stealth Facilities. Permitted in nonresidential districts subject to conditional use permit approval.
D. 
Standards. Telecommunication facilities shall be located, developed, and operated in compliance with all of the following standards and with applicable standards of the zoning district in which they are located:
1. 
Location and Siting.
a. 
New telecommunication facilities located on prominent points of ridgelines or that silhouette against the sky above a protected ridgeline are prohibited.
Telecommunication facilities located in ridgeline areas are also subject to the provisions of § 14.09.120.050, Ridgeline Setback.
b. 
No new freestanding facility, including a tower, lattice tower, or monopole, shall be located within one mile of another freestanding facility, unless mounting on a building or co-location on an existing pole or tower is not feasible and appropriate camouflage techniques have been used to minimize the visual impact of the facility to the extent feasible.
c. 
Telecommunication facilities shall meet the setback requirements of the district in which they are to be located.
d. 
When feasible, providers of personal wireless services shall co-locate facilities in order to reduce adverse visual impacts. The Director of Community Development may require co-location or multiple-user wireless telecommunication facilities based on a determination that it is feasible and consistent with the purposes and requirements of this section.
e. 
When determined to be feasible and consistent with the purposes and requirements of this section, the Director of Community Development shall require the applicant to make unused space available for future co-location of other telecommunication facilities, including space for different operators providing similar, competing services.
f. 
Telecommunication facilities shall be located at least 150 feet away from any residential use, residential zoning district, or fire station.
2. 
Support Structures. Support structures for telecommunication facilities may be any of the following:
a. 
An existing nonresidential building.
b. 
An existing structure other than a building, including, but not limited to, light poles, electric utility poles, water towers, smokestacks, billboards, lattice towers, and flag poles.
c. 
An alternative tower structure such as a clock tower, steeple, functioning security light pole, functioning recreational light pole, or any similar alternative-design support structure that conceals or camouflages the telecommunication facility. The term "functioning" as used herein means the light pole serves a useful and appropriate lighting function as well as a wireless communications function.
d. 
Existing publicly owned and operated monopole or a lattice tower exceeding the maximum height limit.
e. 
A single pole (monopole) sunk into the ground and/or attached to a foundation. Any new monopole shall be constructed to allow for co-location of at least one other similar communications provider.
f. 
A monopole mounted on a trailer or a portable foundation if the use is for a temporary communications facility.
3. 
Height Requirements.
a. 
Freestanding Antenna or Monopole. A freestanding antenna or monopole shall comply with the following height requirements:
i. 
A freestanding antenna or monopole designed to accommodate only one service provider shall not exceed 65 feet in height.
ii. 
A freestanding antenna or monopole designed to accommodate two service providers shall not exceed 80 feet in height.
iii. 
A freestanding antenna or monopole designed to accommodate more than two service providers shall not exceed 125 feet in height.
b. 
Building-Mounted Facilities. Telecommunication facilities mounted on buildings shall not exceed a height of 10 feet above the height limit of the district or 10 feet above the existing height of a legally established building, whichever is lower, measured from the top of the facility to the point of attachment to the building.
c. 
Facilities Mounted on Structures. Telecommunication facilities mounted on an existing structure shall not exceed the height of the existing structure unless camouflaged as part of the structure design, except antennas may extend up to 10 feet above the height of an electric utility pole.
d. 
Facilities Mounted on Light Poles. A functioning security light pole or functioning recreational light pole shall have a height consistent with existing poles in the surrounding area or height usually allowed for such light poles.
4. 
Design and Screening. Telecommunication facility structures and equipment shall be located, designed, and screened to blend with the existing natural or built surroundings, as well as any existing support structures, so as to reduce visual impacts to the extent feasible.
a. 
Stealth Facilities. State of the art stealth design technology shall be utilized as appropriate to the site and type of facility. Where no stealth design technology is proposed for the site, a detailed anafysis as to why stealth design technology is physically and technically infeasible for the project shall be submitted with the application.
b. 
Other Facility Types. If a stealth facility is not feasible, the order of preference for facility type is, based on their potential aesthetic impact: facade-mounted, roof-mounted, ground-mounted, and freestanding tower or monopole. A proposal for a new ground-mounted or freestanding tower shall include factual information to explain why other facility types are not feasible.
c. 
Minimum Functional Height. All freestanding antennas, monopoles, and lattice towers shall be designed to be the minimum functional height and width required to support the proposed antenna installation, unless it can be demonstrated that a higher antenna, monopole, or tower will facilitate co-location.
d. 
Camouflage Design. Telecommunication facilities that are mounted on buildings or structures shall be designed to match existing architectural features, incorporated in building design elements, camouflaged, or otherwise screened to minimize their appearance in a manner that is compatible with the architectural design of the building or structure.
e. 
Equipment Cabinets. Equipment cabinets shall be located within the building upon which antennas are placed, if technically feasible. Otherwise, equipment cabinets, buildings, and associated equipment, such as air conditioning units and emergency generators, shall be screened from view by a wall or landscaping, as approved by the City. Any wall shall be architecturally compatible with the building or immediate surrounding area.
f. 
Landscaping. Landscaping shall be provided for and maintained to screen any ground structures or equipment visible from a public right-of-way.
g. 
Lighting. Artificial lighting of a telecommunication facility, including its components, is prohibited, unless required by the Federal Aviation Administration. A motion-sensor light may be used for security purposes if the beam is directed downwards, shielded from adjacent properties, and kept off except when personnel are present at night.
h. 
Advertising. No advertising shall be placed on telecommunication facilities, equipment cabinets, or associated structures.
5. 
Security Features. All facilities shall be designed to minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances.
a. 
Fencing. Security fencing, if any, shall not exceed the fence height limit of the base district. Fencing shall be effectively screened from view through the use of landscaping. No chain link fences shall be visible from public view.
b. 
Maintenance. The permittee shall be responsible for maintaining the site and facilities free from graffiti.
6. 
Radio Frequency Standards, Interference, and Noise,
a. 
Radio Frequency. Telecommunication facilities shall comply with federal standards for radio frequency emissions and interference. Failure to meet federal standards may result in termination or modification of the permit.
b. 
Interference. Telecommunications facilities shall not interfere with public safety radio communications.
c. 
Noise. Telecommunication facilities and any related equipment, including backup generators and air conditioning units, shall not generate noise in excess of the limits established in § 14.09.240.140. Noise. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall be scheduled and conducted in such a manner that is the least disruptive to surrounding land uses.
7. 
Co-Location. The applicant and owner of any site on which a telecommunication facility is located shall cooperate and exercise good faith in co-locating telecommunication facilities on the same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of co-location, and may include negotiations for erection of a replacement support structure to accommodate co-location. A competitive conflict to co-location or financial burden caused by sharing information normally will not be considered as an excuse to the duty of good faith.
a. 
All facilities shall make available unused space for co-location of other telecommunication facilities, including space for these entities providing similar, competing services. Co-location is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a significant period of time. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the City may require the applicant to obtain a third party technical study at applicant's expense. The City may review any information submitted by applicant and permittee(s) in determining whether good faith has been exercised.
b. 
All co-located and multiple-user telecommunication facilities shall be designed to promote facility and site sharing. Telecommunication towers and necessary appurtenances, including but not limited to parking areas, access roads, utilities, and equipment buildings, shall be shared by site users whenever possible.
c. 
No co-location may be required where it can be shown that the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing telecommunication facilities or failure of the existing facilities to meet federal standards for emissions.
d. 
Failure to comply with co-location requirements when feasible or cooperate in good faith as provided for in this section is grounds for denial of a permit request or revocation of an existing permit.
8. 
Fire Prevention and Emergency Response. All telecommunication facilities shall be designed and operated in a manner that will minimize the risk of igniting a fire or intensifying one that otherwise occurs.
a. 
At least one-hour fire resistant interior surfaces shall be used in the construction of all buildings.
b. 
The exterior walls and roof covering of all above-ground equipment shelters and cabinets shall be constructed of materials rated as non-flammable in the Building Code.
c. 
Monitored automatic fire extinguishing systems shall be installed in all equipment buildings and enclosures.
d. 
Openings in all above-ground equipment shelters and cabinets shall be protected against penetration by fire and wind-blown embers to the extent feasible.
e. 
Address signs shall be installed in conformance with Fire Chiefs requirements at the entrance off the public way, where needed to provide direction along the access road, and at the facility itself.
f. 
A permanent, weather-proof, facility identification sign shall be placed on the gate in the fence or wall around the equipment building, or if there is no fence or wall, next to the door to the equipment shed itself. Said sign shall identify the facility operator and specify a 24-hour telephone number at which the operator can be reached.
9. 
Surety Bond. As a condition of approval, an applicant for a building permit to erect or instalf a telecommunication facility shall be required to post a cash or surety bond in a form and amount acceptable to the City Attorney to cover removal costs of the facility in the event that its use is abandoned or the approval is otherwise terminated.
E. 
Required Findings.
1. 
General Findings. In approving a telecommunication facility, the decision-making authority shall make the following findings:
a. 
The proposed use conforms with the specific purposes of this section and any special standards applicable to the proposed facility;
b. 
The applicant has made good faith and reasonable efforts to locate the proposed facility on a support structure other than a new ground-mounted antenna, monopole, or lattice tower or to accomplish co-location;
c. 
The proposed site results in fewer or less severe environmental impacts than any feasible alternative site; and
d. 
The proposed facility will not be readily visible or it is not feasible to incorporate additional measures that would make the facility not readily visible.
2. 
Additional Findings for Facilities Not Co-Located. To approve a telecommunication facility that is not co-located with other existing or proposed facilities or a new ground-mounted antenna, monopole, or lattice tower, the decision making authority shall find that co-location or siting on an existing structure is not feasible because of technical, aesthetic, or legal consideration including that such siting:
a. 
Would have more significant adverse effects on views or other environmental considerations;
b. 
Is not permitted by the property owner;
c. 
Would impair the quality of service to the existing facility; or
d. 
Would require existing facilities at the same location to go offline for a significant period of time.
3. 
Additional Findings for Setback Reductions. To approve a reduction in setback, the decision making authority shall make one or more of the following findings:
a. 
The facility will be co-located onto or clustered with an existing, legally established telecommunication facility; and/or
b. 
The reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible;
c. 
Additional Findings for Any Other Exception to Standards. The Planning Commission may waive or modify requirements of this section upon finding that strict compliance would result in noncompliance with applicable federal or state law.
F. 
Vacation and Removal of Facilities.
1. 
A carrier using facilities within the City shall provide the City with a copy of the notice to the FCC or California Public Utilities Commission of intent to cease operations at the time such notice is filed.
2. 
The operator of a telecommunications facility shall remove all unused or abandoned equipment, antennas, poles, or towers within one year of discontinuation of the use and, if there are no active providers on the facility, the site shall be restored to its original, preconstruction condition.
3. 
If the facilities are not removed within one year, or other period of time as determined in writing by the City, the City may have the facilities removed at the owner's or carrier's expense, provided, however, that recovery of expenses shall be limited to the reasonable and documented costs of removal.
4. 
All costs incurred by the City to undertake any work required to be performed pursuant to this section shall be borne solely by the applicant.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023; Ord. 2011, Amended, 2/10/2026)
§ 14.09.270.180 Temporary Uses.
This section establishes standards for certain uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the site where they occur. The provisions of this section apply to temporary uses on private property. Temporary uses on public property require a special event permit from the City.
A. 
Business License Required. Where applicable, a separate City business license is required for each vendor.
B. 
Temporary Uses Not Requiring a Use Permit. The following types of temporary uses may be conducted without a use permit. Other permits, such as building permits, may be required.
1. 
Yard/Garage Sales. Sales of personal property conducted by a resident of the premises with a maximum term of three consecutive calendar days and occurring no more than two times a year.
2. 
Nonprofit Fundraising. Fundraising activities by tax exempt organizations pursuant to 501(C) of the Federal Revenue and Taxation Code are allowed in nonresidential zones with no limitation on the number of occasions and duration where there is no disruption to the normal circulation of the site; encroachment upon driveways, pedestrian walkways, or required parking or landscaped areas; obstruction to sight distances; or other created hazard for vehicle or pedestrian traffic.
3. 
Seasonal Sales. The annual sales of holiday related items such as Christmas trees, pumpkins, and similar items may be permitted in accordance with the following standards. This subsection is only applicable to temporary seasonal sales that are not in conjunction with an existing business and are not applicable to farmers' markets or the sale of fireworks.
a. 
Location. Seasonal sales are limited to nonresidential zones.
b. 
Time Period.
i. 
Seasonal sales associated with holidays are allowed up to a month preceding and one week following the holiday.
ii. 
The subject lot shall not be used for seasonal sales more than three times within the calendar year.
c. 
Display.
i. 
Location of the displayed merchandise shall not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required parking or landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.
ii. 
All items for sale, as well as signs and temporary structures, shall be removed within 10 calendar days after the end of sales, and the appearance of the site shall be returned to its original state.
4. 
Commercial Special Events and Sales. Commercial special events and sales including, but not limited to, grand opening events, and other special sales events, are allowed in accordance with the following standards:
a. 
Location. Events are limited to nonresidential zones and shall be located on the site of a permanent, commercial use.
b. 
Number of Events. No more than six events at one site shall be allowed within any 12-month period.
c. 
Duration. The maximum duration of a single event is five consecutive calendar days, with a minimum of 14 calendar days between each event.
d. 
Display. Location of the event or displayed merchandise shall not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required parking or landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.
5. 
Temporary Construction Office Trailers. Screening may be required by the Director of Community Development for on-site temporary construction offices during the period of construction.
6. 
Sales Offices and Model Homes. Model homes with sales offices and temporary information/sales offices in new residential developments of five or more units or lots are subject to the following requirements:
a. 
Time Limits.
i. 
Temporary Sales Office. A temporary information/sales trailer may be used during the construction of the model homes for a maximum period of six months or completion of the first phase of the development, whichever occurs first.
ii. 
Model Homes. Model homes may be established and operated for a period of three years or until completion of the sale of the lots or units, whichever comes first. One-year extensions may be approved by the Director of Community Development until the sale of all lots/residences is completed.
b. 
Location of Sales. Real estate sales conducted from a temporary sales office are limited to sales of lots or units within the development.
c. 
Return to Residential Use. Prior to the sale of any of the model homes as a residence, any portion used for commercial purposes shall be converted to its intended residential purpose.
C. 
Standards for Model Homes and Complexes. For the purpose of this section, a model home is a residential dwelling unit(s) designed and improved to temporarily display and market homes to be constructed on lots in a planned subdivision after tentative map and before final map approval. Model homes are permitted but not required for all residential subdivisions. Model homes and complexes shall be constructed in accordance with the following standards:
1. 
Applicability of Standards. The model homes shall meet all applicable zoning and development standards for the lots as shown on the tentative map.
2. 
Number Permitted. A minimum of one model home is permitted within each tentative subdivision with a maximum number of model homes not to exceed 10 percent of the total number of proposed homes in the tentative subdivision.
3. 
Site Plan Required. All applicants shall submit a site plan indicating the lots on which the models are to be constructed. The location and details of the sales office shall be identified on the plans. The site plan shall also provide the location of all proposed off-street parking, fencing and all other on- and off-site improvements associated with the models.
4. 
Parking. No less than one off-street parking space shall be provided for each model. Parking spaces shall be located within 600 feet of the model complex and comply with standards in Chapter 14.09.230 of this code, Parking and Loading. Accessible parking spaces shall be provided and comply with ADA standards.
5. 
Landscaping. Model home complexes shall be landscaped in the same manner as the final lots.
6. 
Conversion of Office Space Back to Living Area. Sales offices, signs, and temporary improvements associated with the model complex shall be removed prior to occupancy of the last dwelling unit constructed in the subdivision. Sales offices located in an approved garage space shall be converted back into garage area.
7. 
Signs. Signs for model homes shall follow Chapter 14.09.260 of this code, Signs. The location of all proposed street numbering, fire routes, ground and wall signage shall be clearly identified on the site plan. Any sign illumination shall be directed towards the sign itself and diverted from adjacent properties.
D. 
Temporary Uses Requiring a Temporary Use Permit. Other temporary uses may be permitted pursuant to Chapter 14.09.300 of this code, Use Permits, subject to the following standards. Additional or more stringent requirements may be established through the temporary use permit process to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the City as a whole.
1. 
Special Events. Short-term special events that are not located on the site of a permanent, commercial use may be permitted in accordance with the following standards:
a. 
Location. Events are limited to nonresidential zones.
b. 
Number of Events. No more than six events at one site shall be allowed within any 12-month period.
c. 
Duration. The maximum duration of a single event is five consecutive calendar days, with a minimum of 14 calendar days between each event.
2. 
Carnivals or Other Amusement Activities. Temporary outdoor operation of carnivals or other amusement activities in accordance with the provisions of Chapter 9.17 of this code, Circuses, Carnivals and Amusement Rides. The maximum duration of a single event shall be seven consecutive calendar days, with a minimum of 120 calendar days between such events.
3. 
Temporary Structures. Temporary structures in a nonresidential zone for less than one year.
4. 
Mobile Food Service. Mobile food service carts, trailers, vehicles, and/or similar temporary, portable, or mobile structures or vehicles may be permitted in accordance with the following standards:
a. 
Location. Mobile food service may only operate in nonresidential districts. Vehicles shall not be left unattended at any time, or be left on site when inactive, or stored overnight.
b. 
Duration. No lot may have a mobile food service on site for more than 30 calendar days total in any 12-month period unless authorized through a minor use permit.
c. 
Displaced Parking. Mobile food service may displace up to three required nonresidential parking spaces for a maximum of four hours per day per parking lot; provided, that no more than 10 percent of the total number of parking spaces on site are displaced. Required parking spaces for an existing nonresidential use may be displaced if the existing nonresidential use is not open during the event.
d. 
Paving. Mobile food service vehicles shall only be stopped or parked on surface paved with concrete, asphalt, or another surface approved by the Director of Community Development.
e. 
Obstructions. Mobile vendor location and operations, including customers, seating, and equipment, shall not obstruct the right-of-way, sight distances, or otherwise create hazards for vehicle or pedestrian traffic. The location shall comply with applicable accessibility requirements and the Americans with Disabilities Act.
f. 
Nuisance. Mobile vendors shall be responsible for keeping the area clean of any litter or debris and shall provide trash receptacles for customer use on site. No vendor shall ring bells, play chimes, play an amplified musical system, or make any other notice to attract attention to its business while operating within City limits. The use of prohibited or unpermitted signs for mobile food vendors is not allowed.
E. 
Temporary Uses Requiring a Minor Use Permit. Other temporary uses that do not meet the standards for temporary uses not requiring a permit or requiring a temporary use permit may be allowed in nonresidential districts with the approval of a minor use permit so long as they are determined to be temporary in nature and will not unreasonably impair circulation or the operation of other uses in the area or otherwise create significant impacts.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.270.190 Urban Agriculture.
Urban agriculture uses shall be located, developed, and operated in compliance with the following. Urban agriculture does not include cannabis, which is separately regulated pursuant to Chapter 9.14 of this code, Personal Home Cannabis Cultivation.
A. 
Community and Market Gardens.
1. 
Management. A manager shall be designated for each garden who shall serve as liaison between gardeners, property owner(s), and the City.
2. 
Hours of Operation. Gardens shall only be tended between dawn and dusk unless additional hours are approved pursuant to a minor use permit.
3. 
Buildings and Structures. Accessory buildings, such as sheds, greenhouses, and hoop houses, are allowed and shall comply with the property development standards of the zone.
4. 
Equipment. Use of mechanized farm equipment is prohibited except as provided below or approved pursuant to a minor use permit.
a. 
Heavy equipment may be used initially to prepare the land for gardening.
b. 
Landscaping equipment designed for household use is permitted.
5. 
Maintenance.
a. 
The operator shall be responsible for the overall maintenance of the site and shall remove weeds, debris, and other similar materials in a timely manner.
b. 
Soil amendments, composting, and waste material shall be managed and shall not attract nuisance flies or support growth of flies.
6. 
Composting.
a. 
Compost and compost receptacles shall be located so as not to be visible from a public right-of-way.
b. 
Compost and compost receptacles shall be set back a minimum of 20 feet from residential structures.
c. 
In residential districts, composting is limited to the materials generated on site and shall be used on site.
7. 
Utilities. The land shall be served by a water supply sufficient to support the cultivation practices used on the site.
B. 
Urban Agriculture Stands. Urban agriculture stands are permitted on the site of an urban agriculture use subject to the following regulations:
1. 
Maximum Size. Limited to 120 square feet unless a larger size is approved pursuant to a minor use permit.
2. 
Removal. Urban agriculture stands shall be dismantled and removed during nonoperating hours.
3. 
Sales. Product sales are limited to produce and value-added products grown and produced on site.
4. 
Hours of Operation. Operating hours for an urban agriculture stand are limited to eight a.m. to seven p.m.
5. 
Days of Operation. In residential districts, urban agriculture stands may operate a maximum of three calendar days per week.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.270.200 Low-Barrier Navigation Center Regulations.
A. 
Purpose and Applicability. The purpose of this section is to establish development standards for low-barrier navigation centers and to ensure this use is constructed and operated in a manner that is consistent with the requirements and allowances of state law, specifically Article 12 of Chapter 3 of Division 1 of the Planning and Zoning Law commencing with California Government Code Section 65660. The provisions of this section shall apply to all low-barrier navigation center projects.
B. 
Permit Required. A planning permit is required prior to the establishment of any low-barrier navigation center project meeting either of the following criteria. The permit shall be a ministerial action without discretionary review or a hearing. The City shall notify a developer whether the developer's application is complete within 30 days, pursuant to California Government Code Section 65943. City action shall be taken within 60 days of a complete application being filed.
C. 
Development and Operational Standards. A low-barrier navigation center development is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses, if it meets the following requirements:
1. 
Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.
2. 
Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to 24 CFR Section 576.400(d) or 578.7(a)(8), as applicable, as those sections read on January 1, 2020, and any related requirements designed to coordinate program participant intake, assessment, and referrals.
3. 
Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
4. 
Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as described by 24 CFR Section 578.57.
(Ord. 1984, Added, 07/25/2023)
§ 14.09.270.210 Agricultural Employee Housing.
A. 
Purpose. The purpose of this section is to establish a streamlined, ministerial approval process for employee housing in a manner that is consistent with the requirements and allowances of state law, specifically California Health and Safety Code Section 17021.8 (Employee Housing Act).
B. 
Applicability. To be eligible for streamlined approval under this section, an agricultural employee housing development must meet all the following requirements:
1. 
The development is located on land designated as agricultural in the City of Vacaville General Plan.
2. 
The development is not located on a site that is any of the following:
a. 
Within the coastal zone, as defined in Division 20 (commencing with Section 30000) of the California Public Resources Code.
b. 
Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
c. 
Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the California Government Code, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the California Public Resources Code.
d. 
A hazardous waste site that is listed pursuant to Section 65962.5 of the California Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
e. 
Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901)), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the California Government Code.
f. 
Within a floodplain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a floodplain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
g. 
Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency.
h. 
Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the California Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), or other adopted natural resource protection plan.
i. 
Lands under conservation easement. For purposes of this section, "conservation easement" shall not include a contract executed pursuant to the Williamson Act (Chapter 7 (commencing with Section 51200) of Division 1 of Title 5 of the California Government Code).
j. 
Lands with groundwater levels within five feet of the soil surface and for which the development would be served by an on-site wastewater disposal system serving more than six family housing units.
3. 
The development has adequate water and wastewater facilities and dry utilities to serve the project.
4. 
The development is located:
a. 
Within one-half mile of a duly designated collector road with an average daily trips (ADT) of 6,000 or greater; or
b. 
Adjacent to a duly designated collector road with an ADT of 2,000 or greater.
5. 
The development provides one parking space per unit, or as based upon demonstrated need; provided, that these standards do not require more parking than other residential uses of similar size within the jurisdiction.
6. 
The development is an eligible agricultural employee housing development as defined in California Health and Safety Code Section 17021.8.
(Ord. 1996, Added, 07/23/2024)
§ 14.09.270.220 Single Room Occupancy Units.
A. 
Purpose and Applicability. The purpose of this section is to establish standards and regulations for single room occupancy (SRO) units.
B. 
Definitions. "Single room occupancy" means a facility providing six or more dwelling units where each unit has a minimum floor area of 150 square feet and a maximum floor area of 400 square feet. These dwelling units may have kitchen or bathroom facilities and shall be offered on a monthly basis or longer.
C. 
Development Standards. Each SRO facility shall comply with all applicable development standards for the applicable zoning district and minimum standards contained herein below. In the event of a conflict between these standards and the underlying zoning district standards, the provisions of this section shall apply.
1. 
Unit Size. The minimum size of a unit shall be 150 square feet and the maximum size shall be 400 square feet.
2. 
Bathroom Facilities. An SRO 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, shower, or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with California Building Code for congregate residences with at least one full bathroom per every three units on a floor.
3. 
Kitchen. An SRO unit is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator, and a stove, range top, or oven. A partial kitchen is missing at least one of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one full kitchen per floor.
4. 
Closet. Each SRO shall have a separate closet.
5. 
Common Area. A minimum of four square feet of interior common space per unit shall be provided, or 200 square feet, whichever is greater, excluding shared bathrooms, kitchen, storage, laundry facilities, and common hallways. Dining rooms, meeting rooms, recreational rooms, and other similar areas may be considered interior common space. All common areas shall be fully accessible.
6. 
Laundry Facilities. Laundry facilities shall be provided in a separate room at the ratio of one washer and one dryer for every 10 units, with at least one washer and one dryer per floor.
7. 
Utility Closet. One utility closet or cleaning supply room with a wash tub and hot and cold running water shall be provided on each floor.
8. 
Management. An SRO facility with 10 or more units shall provide a management office on site. An SRO facility with less than 10 units may provide a management office off site.
9. 
Parking. One parking space per unit shall be provided, plus an additional space for an on-site manager.
10. 
Code Compliance. All SRO units shall comply with all requirements of the California Building Code.
11. 
Accessibility. All SRO facilities shall comply with all applicable ADA accessibility and adaptability requirements.
(Ord. 1996, Added, 07/23/2024)
§ 14.09.270.230 Animal Shelter and Boarding.
The following special development standards shall apply to businesses involving Animal Shelter and Boarding facilities in a general commercial zone:
A. 
Purpose. The purpose of this section is to implement a humane policy that accommodates the comfort and convenience of caring for household pets by qualified business operators within commercial facilities and ensures that operations are compatible with surrounding neighborhoods.
B. 
Applicability. The provisions in this section shall apply to Animal Shelter and Boarding facilities, as defined under § 14.02.060.030.
C. 
Location. A Minor Use Permit shall be required for any new Animal Shelter and Boarding facility within the General Commercial (CG) zoning district. A Minor Design Review shall be required for any new Animal Shelter and Boarding facility located in the Industrial Service (IS) and Industrial Park (IP) zoning districts. A Conditional Use Permit, rather than a Minor Use Permit, shall be required for Animal Shelter and Boarding facilities located in a permitted zone that is abutting or adjoining a residential zoning district or existing residential land use, and which includes an outdoor component.
D. 
Development Standards. Animal Shelter and Boarding facilities shall comply with the following development standards:
1. 
Outdoor areas (e.g., dog runs, relief areas) shall meet the same setbacks as required for new buildings.
2. 
Where an Animal Shelter and Boarding facility has an entrance on any elevation that abuts, has a common corner with, or is across a public right-of-way from residentially zoned land or residential use, pets can only be brought through that entrance between 7:00 a.m. to 9:00 p.m. daily.
3. 
Interior Standards.
a. 
Tenant spaces shall include operational Heating, Ventilation, and Air Conditioning (HVAC) systems.
b. 
An Acoustical Analysis shall be prepared by a licensed acoustical engineer, which shall be submitted with the Minor Use Permit or Conditional Use Permit, to confirm whether the interior space and outdoor relief areas will provide noise attenuation to ensure exterior noise adjacent to the building is no louder than 40 dbA. Tenant spaces that do not provide sufficient noise attenuation shall implement recommendations from the acoustical engineer, which shall be demonstrated in construction documents submitted for Building Permits and included as conditions of approval in a Conditional Use Permit, if required.
c. 
Tenant spaces shall provide interior lighting to ensure all areas are illuminated by natural or artificial means.
d. 
The lower four feet of all interior walls shall consist of impervious materials, and floors shall be designed and improvements installed in a manner that permits cleaning and sanitizing (e.g., antimicrobial/antibacterial paints or coatings).
e. 
Enclosures shall be kept in sanitary conditions at all times and shall be constructed of materials that will withstand cleaning on a regular basis.
f. 
At a minimum, kennel space must be provided for every animal within an enclosure to, separately and together, stand up, lie down, and turn around in a natural position. Wire flooring of any kind, coated or otherwise, is not permitted.
g. 
All food shall be stored in an area separate from permanent, fixed, or temporary enclosures.
4. 
Exterior Standards.
a. 
Staff shall be present in the outdoor area at all times, when animals are present to monitor the animals.
b. 
Opaque fencing of a minimum of six feet and a maximum of eight feet in height shall be required to screen all outdoor areas from adjacent uses, which shall be located outside of the required setbacks for the main building.
c. 
The number of animals permitted in the outdoor area shall be limited to ensure a minimum of 50 square feet of floor area per animal.
d. 
Outdoor areas shall have a covered area such as a patio cover, sunshade, etc., to provide animals protection from extreme temperatures and weather conditions. Outdoor areas shall be monitored by staff at all times, and pets shall be brought inside when temperatures and weather conditions do not permit safe outdoor activities.
e. 
Outdoor relief areas shall be cleaned daily and maintained to ensure runoff is contained in the area. If artificial turf is proposed, drainage shall be required so that runoff does not enter storm drains. On-site drainage that does not enter the City's storm drain network shall be subject to review and approval by the Chief Building Official. Floor drains into the City's sewer network shall require review and approval by the Utilities Department.
f. 
Designated covered trash enclosures, which shall be enclosed with materials to match the existing building, shall be provided. Enclosures shall be designed to minimize the escape of odor by reducing gaps and spacing between doors and roofing areas. Trash and recycling enclosure areas must be covered and screened from public view. In lieu of providing a trash enclosure, an Applicant may request approval of alternative, equivalent methods, such as more frequent waste pickup and double bags for waste containment, to ensure waste disposal protocols will provide the same level of odor prevention as a trash enclosure would. The Community Development Director has the authority to modify or waive the trash enclosure requirements based on such alternative odor control methods if requested by the applicant.
E. 
Performance/Operational Standards.
1. 
In the event that standard refuse collection is suspended due to unforeseen circumstances, the property owner shall perform refuse disposal services on their own until regular collection services can be reinstituted.
2. 
The building or tenant space in which the Animal Shelter and Boarding facility is located shall be improved and maintained, such that animals housed therein do not cause regular annoyance and disturbance to persons in the surrounding area, including but not limited to noise, odor, waste disposal, etc. Upon substantiated complaints received regarding noise or odor, the Community Development director may require additional modifications to the site's operating standards to address those specific concerns.
3. 
If pet grooming services are offered by an Animal Shelter and Boarding facility, the grooming work area shall be separated from the Animal Shelter and Boarding facility's permanent or fixed and temporary enclosures, and the operator shall ensure that the grooming areas are clean and sanitized at least once daily.
4. 
All refuse and waste shall be collected at a minimum of twice per week. All trash generated from Animal Shelter and Boarding facilities shall be properly contained in trash bins located within approved trash enclosures. Trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property.
(Ord. 2009, Added, 12/9/2025)
§ 14.09.270.240 Vacant and Abandoned Properties.
A. 
Purpose. The California Legislature has declared that accessory dwelling units are a valuable and essential component of California's housing supply. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.
B. 
Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
1. 
Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.
2. 
Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
3. 
Considered in the application of any local ordinance, policy, or program to limit residential growth.
4. 
Required to correct a nonconforming zoning condition, as defined in subsection (C)(8) of this section. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.
C. 
Definitions. As used in this section, terms are defined as follows:
1. 
"Accessory dwelling unit" or "ADU"
means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
a. 
All Private Outdoor Recreation Space.
b. 
An efficiency unit, as defined by California Health and Safety Code Section 17958.1; and
c. 
A manufactured home, as defined by California Health and Safety Code Section 18007.
2. 
"Accessory structure"
means a structure that is accessory and incidental to a dwelling located on the same lot.
3. 
"Complete independent living facilities"
means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
4. 
"Efficiency kitchen"
means a kitchen that includes all of the following:
a. 
A cooking facility with appliances.
b. 
A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
5. 
"Junior accessory dwelling unit" or "JADU"
means a residential unit that satisfies all of the following:
a. 
It is no more than 500 square feet of interior livable space in size.
b. 
It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.
c. 
It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
d. 
If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
e. 
It includes an efficiency kitchen, as defined in subsection (c)(4) of this section.
6. 
"Livable space"
means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
7. 
"Living area"
means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
8. 
"Nonconforming zoning condition"
means a physical improvement on a property that does not conform with current zoning standards.
9. 
"Passageway"
means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
10. 
"Proposed dwelling"
means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
11. 
"Public transit"
means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
12. 
"Tandem parking"
means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
D. 
Approvals. The following approvals apply to ADUs and JADUs created under this section:
1. 
Ministerial ADU and Building Permits Required. Every ADU and JADU requires an ADU permit and a building permit. The city will review and approve permit applications in accordance with subsection (D)(3) of this section.
2. 
Processing Fee. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city's ADU ordinance. The ADU-permit processing fee is determined by the most recent fee schedule approved by city council resolution.
3. 
Process and Timing.
a. 
Completeness.
i. 
Determination In 15 days. The city will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the city receives the application submittal.
ii. 
Incomplete Items. If the city's determination under subsection (D)(3)(a)(i) of this section is that the application is incomplete, the city's notice must list the incomplete items and describe how the application can be made complete.
iii. 
Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the city to be incomplete.
iv. 
Subsequent Submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the city will determine in writing whether the additional information remedies all the incomplete items that the city identified in its original notice. The city may not require the application to include an item that was not included in the original notice.
v. 
Deemed Complete. If the city does not make a timely determination as required by this subsection a, the application or resubmitted application is deemed complete for the purposes of subsection (D)(3)(c) of this section.
vi. 
Appeal of Incompleteness. An applicant may appeal the city's determination that the application is incomplete by submitting a written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal.
b. 
No Discretion or Hearing. Ministerial permits for an ADU or JADU are considered and approved without discretionary review or a hearing.
c. 
Deadline to Approve or Deny Ministerial Approvals. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a complete application. If the city has not approved or denied the complete application within 60 days, the application is deemed approved unless either:
i. 
The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or
ii. 
When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
d. 
Denial. If the city denies an application to create an ADU or JADU the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (D)(3)(c) of this section.
e. 
Appeal of Denial. An applicant may appeal the city's denial of the application by submitting a written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal.
f. 
Concurrent Review of Demolition. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
E. 
Classes.
1. 
Class 1: Statutorily Regulated. Class 1 ADUs and JADUs are approved under Government Code Section 66323. If an ADU or JADU complies with each of the general requirements in subsection F of this section, it is allowed in each of the following scenarios provided in this subsection. An ADU and JADU approved under subsection (E)(1)(a) of this section may be combined with an ADU approved under subsection (E)(1)(b) of this section and ADUs approved under subsection (E)(1)(c) of this section may be combined with ADUs approved under subsection (E)(1)(d) of this section.
a. 
Converted on Lot with Single-Family Dwelling. One ADU as described in this subsection and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i. 
Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
ii. 
Has exterior access that is independent of that for the single-family dwelling; and
iii. 
Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes;
iv. 
The JADU complies with the requirements of Government Code Sections 66333 through 66339.
b. 
Limited Detached on Lot with Single-Family. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling, if the detached ADU satisfies each of the following limitations:
i. 
The side- and rear-yard setbacks are at least four feet.
ii. 
The total floor area is 800 square feet of livable space or smaller.
iii. 
The peak height above grade does not exceed the applicable height limit in subsection (F)(2) of this section.
c. 
Converted on Lot with Multifamily. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25% of the existing multifamily dwelling units.
d. 
Limited Detached on Lot with Multifamily. No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:
i. 
The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
ii. 
The peak height above grade does not exceed the applicable height limit provided in subsection (F)(2) of this section.
iii. 
If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.
2. 
Class 2: Locally Regulated. Class 2 ADUs are approved under Government Code Sections 66314 through 66322. Except as expressly specified, all ADUs are subject to the standards set forth in subsections F and G of this section.
F. 
General ADU and JADU Requirements. The following requirements apply to all Class 1 and Class 2 ADUs and JADUs:
1. 
Zoning.
a. 
A Class 1 ADU subject only to a building permit under subsection (E)(1) of this section may be created on a lot in a residential or mixed-use zone.
b. 
A Class 2 ADU subject to an ADU permit under subsection (E)(2) of this section may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
c. 
In accordance with Government Code Section 66333(a), a JADU may only be created on a lot zoned for single-family residences.
2. 
Height.
a. 
Except as otherwise provided by subsections (F)(2)(b) and (F)(2)(c) of this section, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed 18 feet in height.
b. 
A detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a "major transit stop" or "high quality transit corridor," as those terms are defined in Section 21155 of the Public Resources Code, may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
c. 
An ADU that is located as a second story above an existing or proposed detached garage may be up to 25 feet in height.
d. 
An ADU that is attached to the primary dwelling may not exceed 25 feet in height. Notwithstanding the foregoing, ADUs subject to this subsection may not exceed two stories.
e. 
For purposes of this subsection (F)(2), height is determined by measuring the vertical distance from the average finished grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the highest point of the highest gable of a pitch or hip roof, but exclusive of vents, air conditioners, chimneys, or other such incidental appurtenances.
3. 
Fire Sprinklers.
a. 
Fire sprinklers are required in an ADU or JADU if sprinklers are required in the primary residence.
b. 
The construction of an ADU or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
4. 
Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.
5. 
No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
6. 
Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
7. 
Owner Occupancy.
a. 
ADUs. ADUs are not subject to an owner-occupancy requirement.
b. 
JADUs.
i. 
Generally. As required by state law, JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence.
ii. 
Exceptions. The owner-occupancy requirement in this subsection (F)(7)(b) does not apply if (A) the JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary dwelling unit structure) or (B) the property is entirely owned by another governmental agency, land trust, or housing organization.
8. 
Deed Restriction. Prior to issuance of a certificate of occupancy for a JADU, a deed restriction must be recorded against the title of the property in the county recorder's office and a copy filed with the community development department. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city, and must provide that:
a. 
The JADU may not be sold separately from the primary dwelling.
b. 
The JADU is restricted to the approved size and to other attributes allowed by this section.
c. 
The deed restriction runs with the land and may be enforced against future property owners.
d. 
The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the community development director, providing evidence that the JADU has in fact been eliminated. The community development director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the community development director's determination consistent with other provisions of this Code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
e. 
The deed restriction is enforceable by the community development director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.
9. 
Building and Safety.
a. 
Must comply with building code. Subject to subsection (F)(9)(b) of this section, all ADUs and JADUs must comply with all local building code requirements.
b. 
No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official, in consultation with the community development director, makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
10. 
Certificate of Occupancy Timing.
a. 
Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit.
b. 
Limited Exception for State-Declared Emergencies. Notwithstanding subsection (F)(10)(a) of this section, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:
i. 
The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025.
ii. 
The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor's state of emergency proclamation.
iii. 
The ADU has been issued construction permits and has passed all required inspections.
iv. 
The ADU is not attached to the primary dwelling.
G. 
Specific ADU Requirements. The following requirements apply only to Class 2 ADUs that are approved under subsection (E)(2) of this section. This subsection does not apply to Class 1 ADUs or JADUs approved under subsection (E)(1) of this section.
1. 
Minimum and Maximum Size.
a. 
The minimum size of an attached or detached ADU shall be 150 square feet.
b. 
The maximum size of a detached or attached ADU subject to this subsection G is 1,200 square feet of interior livable space.
c. 
An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50% of the floor area of the existing primary dwelling.
d. 
Application of other development standards in this subsection G might further limit the size of the ADU, but no application of the percent-based size limit in subsection (G)(1)(b) of this section or front setback may require the ADU to be less than 800 square feet of interior livable space.
2. 
Setbacks.
a. 
ADUs that are subject to this subsection G must conform to four-foot side and rear setbacks. ADUs that are subject to this subsection G must conform to 20-foot front setbacks, subject to subsection (G)(1)(d) of this section.
b. 
No setback is required for an ADU that is subject to this subsection G if the ADU is constructed in the same location and to the same dimensions as an existing structure.
3. 
Passageway. No passageway, as defined by subsection (C)(9) of this section, is required for an ADU.
4. 
Parking.
a. 
Generally. One paved off-street parking space is required for each ADU or bedroom, whichever is less. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (C)(12) of this section.
b. 
Exceptions. No parking under subsection (G)(4)(a) of this section is required in the following situations:
i. 
The ADU is located within one-half mile walking distance of public transit, as defined in subsection (C)(11) of this section.
ii. 
The ADU is located within an architecturally and historically significant historic district.
iii. 
The ADU is part of the proposed or existing primary residence or an accessory structure.
iv. 
When on-street parking permits are required but not offered to the occupant of the ADU.
v. 
When there is an established car share vehicle stop located within one block of the ADU.
vi. 
When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (G)(4)(b)(i) through (G)(4)(b)(v) of this section.
c. 
No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced. Except for the preceding circumstance, parking for the primary dwelling shall continue to be provided in accordance with Chapter 14.09.230, Parking and Loading.
5. 
Architectural Requirements.
a. 
The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling. Projects utilizing the city's pre-designed ADU plans or factory building housing are not subject to this standard.
b. 
The exterior lighting must be limited to down lights or as otherwise required by the building or fire code.
c. 
When a garage is converted to an ADU, the garage door opening shall be replaced with exterior wall coverings, or residential windows and doors, to match the existing exterior garage wall covering and detailing.
d. 
The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
e. 
No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window or door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.
f. 
Second-floor living area shall be setback five feet from the ground floor footprint.
g. 
Window sashes and doorframes shall be made of wood or vinyl. Unfinished aluminum is not allowed. Trim around windows and doors shall be the same style as the trim around windows and doors on the primary dwelling.
h. 
All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
i. 
Rooftop decks are prohibited on all detached ADUs.
j. 
The entrance to the accessory dwelling unit shall not be on the same building frontage as the entrance to the primary dwelling unless the proposed accessory dwelling unit has no other exterior wall that could accommodate an entrance in compliance with all applicable standards. In such cases, the entrance door shall be painted to match the color of the adjoining wall.
k. 
Exterior stairways leading to an accessory dwelling unit shall not be constructed in the required front yard for the underlying zoning district and shall be set back a minimum of four feet from any side or rear property line.
6. 
Site Coverage.
a. 
New accessory dwelling units with 800 square feet or less of interior livable space and conversions of existing legally established structures to accessory dwelling units are not subject to site coverage standards.
b. 
For any accessory dwelling unit with over 850 square feet of interior livable space proposed within a new detached structure or an addition to an existing structure that increases the site coverage of the lot, the maximum site coverage for all structures on the site shall be no more than 10% above the maximum allowable site coverage of the underlying district, as identified in Chapter 14.09.060, Residential Zoning Districts. For example, if the maximum allowable site coverage for a district is 40%, the maximum allowable site coverage may be up to 50% of the site covered for the purpose of constructing an accessory dwelling unit.
7. 
Rear Yard Coverage.
a. 
New accessory dwelling units with 800 square feet or less of interior livable space are not subject to rear yard coverage standards.
b. 
The maximum required rear yard coverage for accessory dwelling units with over 850 square feet of interior livable space may be increased from 20% to no more than 35% for the purpose of constructing a new detached accessory dwelling within the required rear yard.
H. 
Fees. The following requirements apply to all Class 1 ADUs and JADUs and Class 2 ADUs that are approved under subsections (E)(1) or (E)(2) of this section.
1. 
Impact Fees.
a. 
No impact fee is required for a JADU or an ADU that is less than 800 square feet of interior livable space in size. For purposes of this subsection (H)(1), "impact fee" means a "fee" under the Mitigation Fee Act (Government Code § 66000(b)) and a fee under the Quimby Act (Government Code § 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
b. 
A JADU or ADU with less than 500 square feet of interior livable space does not increase assessable space by 500 square feet for purposes of Education Code Section 17620(a)(1)(C), and is therefore not subject to school fees under Education Code Section 17620.
c. 
Any impact fee that is required for an ADU that has 800 square feet or more of interior livable space must be charged proportionately in relation to the square footage of the primary dwelling unit. (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
2. 
Utility Fees.
a. 
If an ADU or JADU is constructed concurrently with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
b. 
Except as described in subsection (H)(2)(a) of this section JADUs and converted ADUs on a single-family lot that are created under subsection (E)(1)(a) of this section are not required to have a new or separate utility connection directly between the JADU or ADU and the utility. Nor is a connection fee or capacity charge required.
c. 
Except as described in subsection (H)(2)(a) of this section, all ADUs that are not covered by subsection (H)(2)(b) of this section require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.
i. 
The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
ii. 
The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.
I. 
Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
1. 
Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
2. 
Unpermitted ADUs and JADUs constructed before 2020.
a. 
Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
i. 
The ADU or JADU violates applicable building standards; or
ii. 
The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (section 16.52.150).
b. 
Exceptions:
i. 
Notwithstanding subsection (I)(2)(a) of this section, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3.
ii. 
Subsection (I)(2)(a) of this section does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.
J. 
Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that would otherwise be allowed under this section but that does not conform to the objective design or development standards set forth in subsections A through I of this section may be allowed by the city with a conditional use permit, in accordance with the other provisions of this title.
K. 
Conflicts and Interpretations of State Law. This chapter is intended to be consistent with the provisions of California Government Code Section 66310 et seq. In the event that a court of competent jurisdiction issues an opinion, the California Department of Housing and Community Development issues guidelines, or the California Legislature adopts amendments that modify, interpret or define requirements or terms within state ADU law, the Director of Community Development is authorized to issue an order consistent with that opinion, guidance, or modifications. Applications filed pursuant to this chapter will thereafter be reviewed for compliance with that order in lieu of any provision of this chapter determined in be in conflict with that opinion, guidance or modification.
L. 
Severability. This chapter is intended to be the ordinance providing for creation of accessory dwelling units and junior accessory dwelling units as permitted by California Government Code Section 66310 et seq. If any section, subsection, phrase or clause of this chapter is for any reason held to be in conflict with state law, including any provision that would cause the ordinance otherwise to be null and void per California Government Code Section 66310 et seq., such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. The City Council hereby declares that it would have adopted this chapter and each section, subsection, phrase, or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared in conflict with state law.
(Ord. 2011, Added, 2/10/2026)
§ 14.09.271.010 Purpose and Applicability.
A. 
Purpose. The provisions of this title are hereby established and adopted to protect and promote the public health, safety, morals, comfort, convenience, and welfare, and more particularly to:
1. 
Implement the goals and objectives of the general plan and guide and manage development within the city in accordance with such plan.
2. 
Protect the physical, social, and economic stability of residential, commercial, industrial, and other land uses within the city to assure its orderly and beneficial development.
3. 
Reduce hazards to the public and emergency responders resulting from the inappropriate location, use, or design of buildings/structures and other improvements.
4. 
Attain the physical, social, and economic advantages resulting from comprehensive and orderly land use and resource planning.
5. 
To prioritize public safety over exploitation of corporate profit.
B. 
Applicability. The requirements of this ordinance shall apply to all Tier 2 and Tier 3 front-of-the-meter Battery Energy Storage Systems that are permitted and installed in the City of Vacaville after the effective date of the ordinance codified in this chapter. This chapter does not extend to the general maintenance and repair of battery energy storage systems permitted, installed, or modified prior to the effective date of the ordinance codified in this chapter. This chapter does not apply to behind-the-meter Battery Energy Storage Systems supporting residential, commercial, agricultural, and industrial uses.
C. 
Exclusions. Tier 2 and Tier 3 Battery Energy Storage Systems that contain "Lithium-ion" or any technology type with documented occurrences of thermal runaway events shall not be permitted within the City of Vacaville.
(Ord. 2015, 3/24/2026)
§ 14.09.271.020 Definitions.
"Battery Energy Storage System" (BESS)
means an electrochemical device, with a rated capacity of equal to or greater than 1,000-kilowatt hours (one megawatt hour), that charges or collects energy from the grid or a generation facility, stores that energy, and then discharges that energy at a later time to provide electricity or other grid services when needed. For the purpose of this chapter, the definition or term
"Behind-the-meter (BTM) Battery Energy Storage System"
refers to a Battery Energy Storage System (BESS) installed on the customer's side of the utility meter. These systems are designed to support energy use by providing backup power, demand charge management, load shifting, or renewable energy integration.
"BESS"
shall not include any chemistry type involving "Lithium-ion" or any technology type with documented occurrences of thermal runaway events.
"Commissioning"
means a systematic process that provides documented confirmation that a battery energy storage system functions according to the intended design criteria and complies with applicable code requirements.
"Decommissioning Plan"
means a plan to retire the physical facilities of the Project, including decontamination, dismantlement, rehabilitation, landscaping and monitoring. The plan contains detailed information on the proposed decommissioning and covers the schedule, type and sequence of decommissioning activities; waste management, storage and disposal of the waste from decommissioning; the timeframe for decommissioning and site rehabilitation.
"Energy Storage"
means any technology that is capable of absorbing electricity, storing the electricity for a period of time, and redelivering the electricity.
"Front-of-the-meter (FTM) Battery Energy Storage System"
refers to a Battery Energy Storage System (BESS) that is directly connected to the transmission or distribution grid and primarily serves wholesale market functions such as grid support, frequency regulation, or energy arbitrage.
"Hazard Mitigation Analysis (HMA)"
is a systematic method that considers the various hazards related to the installation, identifies potential failure modes as well as their causes and effects, and develops appropriate mitigation solutions. HMAs evaluate the consequences of thermal runaway conditions, failure of an energy storage management system, failure of a required ventilation or exhaust system, and failure of a required smoke/fire detection system, fire suppression, or gas detection system.
"IEEE"
is the Institute of Electrical and Electronics Engineers is a global professional organization dedicated to advancing technology for the benefit of humanity. IEEE develops and maintains international standards in various fields of electrical and electronic engineering, computer science, and related disciplines.
"Lithium-ion"
batteries refers to a battery where the negative electrode (anode) and positive electrode (cathode) materials serve as a host for the lithium ion (Li+). Lithium ions move from the anode to the cathode during discharge and are intercalated into (i.e., inserted into voids in the crystallographic structure of) the cathode. The ions reverse direction during charging. Since lithium ions are intercalated into host materials during charge or discharge, there is no free lithium metal within a lithium-ion cell and thus, even if a cell does ignite due to external flame impingement or an internal fault, metal fire suppression techniques are not appropriate for controlling the lithium-ion fire. "Lithium ion" is a generic term covering a number of different technologies, which can be broken down into the following three main groups that are currently commercially available:
1. 
Lithium metal oxide cathodes with a carbon anode, e.g., nickel cobalt aluminate (NCA) and nickel manganese cobaltate (NMC).
2. 
Lithium phosphate cathode with a carbon anode, e.g., lithium iron phosphate (LFP).
3. 
Lithium metal oxide cathode with a titanium oxide anode, e.g., lithium titanate (LTO).
"National Electric Code" (NEC),
also known as NFPA 70, is a set of standards for the safe installation of electrical wiring and equipment in the United States. Its primary purpose is to ensure the safety of electrical installations by setting forth requirements to protect people and property from electrical hazards. The NEC covers the installation of electrical conductors, equipment, and raceways; signaling and communications conductors and equipment; and fiber optics. It is updated every three years to incorporate new technologies and improve safety measures.
"National Fire Protection Association" (NFPA)
is a nonprofit organization dedicated to eliminating death, injury, property, and economic loss due to fire, electrical, and related hazards. Established in 1896, the NFPA develops and publishes over 300 consensus codes and standards intended to minimize the risk and effects of fire by establishing criteria for building, processing, design, service, and installation in the United States and internationally. The NFPA's mission extends beyond code development; it also focuses on research, training, education, and advocacy to promote safety and preparedness.
"NFPA 855"
the Standard for the Installation of Stationary Energy Storage Systems, provides comprehensive guidelines for the safe installation of stationary energy storage systems (ESS), including those using lithium batteries. These standards address various aspects of installation to mitigate fire and explosion risks associated with energy storage technologies. It covers topics such as system design, construction, operation, and maintenance to ensure safety and reliability.
"Sensitive Receptors"
shall include locations with hospitals, schools, and day care centers, residential uses, and such other locations as the air district board or California Air Resources Board may determine pursuant to the California Health and Safety Code § 42705.5(a)(5).
"Thermal Runaway"
refers to an uncontrollable, self-sustaining exothermic chain reaction within a battery energy storage system, initiated by a failure mechanism (e.g., internal short circuit, overcharging, physical damage, or thermal exposure). This reaction results in a rapid increase in cell temperature, leading to the release of flammable electrolytes, generation of toxic gases (e.g., hydrogen fluoride, carbon monoxide), and potential cascading failures to adjacent cells. If unmitigated, thermal runaway may cause fire, explosion, or hazardous material release, posing risks to public safety, property, and the environment.
"Tier 1 (Residential-Scale) battery energy storage systems"
have a maximum stored energy capacity less than or equal to 20 kWh and, if in a room or enclosed area, consist of only a single energy storage system technology. The aggregate rating of the ESS shall not exceed the following for each location listed:
1. 
40 kWh within utility closets, basements, and storage or utility spaces.
2. 
80 kWh in attached or detached garages and detached accessory structures.
3. 
80 kWh where outdoor wall or ground mounted.
"Tier 2 (Medium-Scale/Commercial) battery energy storage systems"
have an aggregate energy capacity greater than 40 kWh, up to 600 kWh.
"Tier 3 (Industrial-Scale/Public Utility) battery energy storage systems"
have an aggregate energy capacity greater than 600 kWh, or battery energy storage systems with more than one storage battery energy technology (e.g., Lithium-ion, Lead-acid, Flow batteries, Nickel-based, Sodium-ion, and Solid-state batteries) is provided in a room or enclosed area. A HMA as outlined in NFPA 855 shall be required for lithium-ion ESS that exceed 600 kWh (2,160 MJ) for outdoor ESS installations, ESS installations in open parking garages and on rooftops of buildings, and mobile ESS equipment.
"UL 9540"
is a standard for ESS and equipment. It is designed to ensure the safety of these systems and covers their construction, performance, and testing requirements. UL 9540 certification is essential for verifying that energy storage systems, such as batteries and related equipment, meet rigorous safety standards to prevent hazards related to electrical, mechanical, and environmental conditions.
(Ord. 2015, 3/24/2026)
§ 14.09.271.030 Land Use and Siting Standards.
A. 
Land Use. Table 14.09.271.A, Land Use Regulations — Energy Uses, establishes the land use regulations for specific energy uses. In cases where a specific land use or activity is not defined, the Director of Community Development shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the table and not substantially like the uses identified below are prohibited. Within the Northeast Growth Area, the supplemental regulations identified in § 14.09.060.040 are applicable.
TABLE 14.09.271.A: LAND USE REGULATIONS — ENERGY USES
"P" = Permitted Use; "M" = Minor Use Permit required;
"C" = Conditional Use Permit required; "-" = Use Not Allowed
Land Use Classification
PF
IP
BP
Additional Regulations
Transportation, Communication, and Utility Uses
Battery Energy Storage Systems
C
C
C
See Chapter 14.09.191
No Battery Energy Storage Systems are allowed within the Nut Tree Airport Compatibility Plan area.
1. 
Unincorporated County. New BESS facilities proposed on unincorporated land located within Solano County that desire to annex into Vacaville city limits must be located within the city's Sphere of Influence and shall be required to amend the Vacaville General Plan and Zoning Map to ensure the subject site is designated and zoned consistently with this chapter.
2. 
Tier 1 Battery Energy Storage Systems are allowed in all zoning districts, subject to the applicable requirements of the most current (or adopted per Title 24) editions of the NEC, NFPA 70, NFPA 855, and Title 24 of the California Code of Regulations, and all equipment shall be UL 9540 listed. Tier 1 systems, if installed outside a structure, shall meet all established setbacks for the zone they are within, and shall be protected by fencing and screened from view of any adjacent property and the public right-of-way.
3. 
Natural Disaster Zone Exclusion. A Battery Energy Storage System facility shall not be located on a parcel in the following areas that are subject to impacts from natural disasters:
a. 
BESS facilities are not permitted in High or Very High Fire Hazard Severity Zones as determined by Cal Fire within a State Responsibility Area or a Local Responsibility Area. Applicants must submit mapping of the proposed site demonstrating compliance with this section. If the maps listed are updated prior to permit issuance, the application must be amended to reflect most recent maps.
b. 
BESS facilities are not permitted within a FEMA designated floodplain unless the parcel or developed area where the BESS, including perimeter roads for emergency vehicles, is to be installed, is raised to at least two feet above the Base Flood Elevation (BFE) through engineered fill or equivalent flood protection measures. A Conditional Letter of Map Revision (CLOMR) shall be obtained from FEMA prior to site grading or fill, demonstrating that the project will not result in an increase in BFE or adverse floodplain impacts, demonstrating that the proposed project meets all applicable NFIP requirements.
c. 
Front-of-the-meter BESS modules will not be permitted indoors.
B. 
Development Standards.
1. 
Development Regulations. Table 14.09.271.B, Development Regulations — Energy Uses, establishes standards for new BESS facilities, which shall comply with these standards. In addition, Battery Energy Storage Systems shall comply with NFPA 855 requirements related to setbacks and buffers. In the event of a conflict between standards, the standard providing the greatest level of protection to City residents shall prevail, as determined by the Director of Community Development and Vacaville Fire Chief. An applicant may request a waiver of these requirements or submit an Alternate Means and Methods Request under California Title 24, under circumstances where an engineered solution may satisfy setback requirements outlined in NFPA 855. The Director of Community Development shall make the final determination on a requested waiver of development requirements.
TABLE 14.09.271.B: DEVELOPMENT REGULATIONS — ENERGY USES
Standard
PF
IP
BP
Additional Regulations
Setbacks (setbacks are measured from property line or back of sidewalk, whichever results in a greater setback)
Minimum Front Setback & Corner Street Side (ft.)
Buildings/Batteries
100
100
100
Guardhouses
75
75
75
Perimeter Wall/Fence
50
50
50
Minimum Interior Side (ft.)
Buildings/Batteries
50
50
50
Perimeter Wall/Fence
30
30
30
Minimum Rear Setback (ft.)
Buildings/Batteries
50
50
50
Perimeter Wall/Fence
30
30
30
Minimum Setback Adjoining Freeway (ft.)
200
200
200
Minimum Setback from Residentially Zoned Property and Parcels Developed with Sensitive Receptors (ft.)
500
500
500
Setback also applies to properties in Solano County
Height Standards
Maximum Building Height (ft.)
20
20
20
Standard is applicable to structures used to enclose batteries
2. 
Lighting Requirements. BESS facilities shall comply with the following City standards:
a. 
Interior and perimeter lighting shall be provided to ensure all areas are illuminated to an intensity between one-to-three-foot candles. Interior lighting shall be dimmable to turn off when no motion is detected after five minutes.
b. 
Lighting poles or fixtures mounted to cabinets and perimeter walls/fences that are located on the interior of a BESS facility shall not exceed a height 20 feet above the ground. Lighting poles and fixtures located on the exterior of a BESS facility shall not exceed eight feet, excluding street lighting located along the public right-of-way.
c. 
All lighting shall be directed downward and shall not shine across adjoining properties.
d. 
Other requirements specified in state statutes or code for electrical infrastructure that are appropriate to apply to BESS.
e. 
Access roads for emergency responders shall be illuminated as well as all emergency disconnects.
3. 
Security and Screening. BESS facilities shall comply with the following security and screening requirements:
a. 
The facility shall have a non-scalable and transparent perimeter fence of at least 10 feet in height. The perimeter fence shall have at minimum two entrance gates equipped with a rapid access system chosen in consultation with Vacaville Fire Department; and shall have the discretion to require more entrances. Fencing shall consist of tubular-steel, powder-coated black fence or equivalent. Click to Enter and Knox-Switches shall be required on all gates.
b. 
The facility shall be equipped with a security system to prevent break-ins including cameras and barbed wire that is visible from public roads. The cameras must be monitored 24 hours a day, seven days a week, with any threats immediately reported to law enforcement.
c. 
The facility shall comply with NFPA 855 specifications related to barriers and buffering.
d. 
BESS modules shall not be visible from the public right of way and freeway.
e. 
Reflective Signage shall be located on BESS modules, perimeter fences and any other security barriers. Signage shall include an illuminated site map. Signage shall contain 24-hour emergency contact information, product description, site owner and hazard warnings. Signage or maps should identify isolation distances response personnel shall maintain from BESS during an emergency. Signage shall be provided for grid-interactive BESS operating in parallel with other power generating sources. Signage shall be provided indicating explosion hazard zones. Signage must be compliant with all NFPA 704 standards and must be reflective of local amendments by the City of Vacaville.
4. 
Noise Requirements. The average noise generated from BESS facilities, components, and associated ancillary equipment, measured at the nearest building, lot line that can be built upon, or public way, shall not exceed any noise limits established under § 14.09.240.140, Noise.
5. 
Utility Lines and Electrical Circuitry. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles, with new easements and right-of-way. In accordance with Chapter 14.12.050. Undergrounding of Utilities, a developer shall provide for the undergrounding of all existing and proposed utility distribution or transmission facilities, which include but are not limited to electric, natural gas, irrigation district canals, cable television, telephone and other communication facilities, within or abutting the subdivision or development.
6. 
Landscaping. No landscaping is required on the interior side of the screen walls, regardless of the percentage of open space landscaped. At minimum, the facility shall provide a 20-foot-wide fire access road around the perimeter of the site, which must be designed to support emergency services apparatus weighing 80,000 lbs. At the discretion of the Vacaville Fire Department, additional maintenance roads may be required. The first 30 feet of setback along a street frontage and freeway shall be landscaped and irrigated with a combination of dirt mounding a minimum of three feet tall.
7. 
Must provide a water supply that is approved by the Vacaville Fire Department.
8. 
Must have Click to Enter and Knox-Switches on all gates for emergency responders.
9. 
Tier 2 and 3 systems must be provided with fire extinguishing systems.
C. 
Battery Chemistry Technology.
1. 
Best Available Technology. BESS facilities shall utilize commercially available battery technologies that minimize the risk of thermal runaway. Applicants are strongly encouraged to select technologies with no or low thermal runaway risk. All BESS applications must include third party written documentation evaluating whether the proposed battery technology poses a risk of thermal runaway.
a. 
If the proposed battery technology is determined by the City of Vacaville to present a thermal runaway risk, the applicant shall submit a comprehensive technology comparison analysis. This analysis must include, at a minimum: A techno-economic comparison of alternative battery technologies based on publicly available information; an assessment of hazardous chemicals involved in the event of thermal runaway, qualitative and quantitative risk analysis of thermal runaway; A thermal runaway plume modeling analysis; and any additional information deemed necessary by the Director of Community Development and/or the Fire Chief.
b. 
If the proposed battery technology is determined by the City of Vacaville to present no risk of thermal runaway, then the Applicant shall submit Third-party verification of system stability (e.g., material safety analysis, abusetolerance testing results) and basic chemical hazard documentation to demonstrate no risk of hazardous emissions or thermal runaway propagation.
2. 
Owner Responsibility for Thermal Runaway. BESS facility owners must reimburse the City of Vacaville and emergency response agencies, including fire agencies, for all costs associated with a thermal runaway event. This includes thermal runaway response costs, as tracked by the Vacaville Fire Department. In the event of thermal runaway, the BESS facility owner/operator shall provide three scopes of work for the hiring of a subject matter expert to conduct a root-cause analysis of the event, which shall be subject to review and authorization by the Vacaville Fire Department. The Vacaville Fire Department shall act as the lead coordinator is directing the preparation of the analysis, and all costs shall be funded by the BESS facility operator/owner.
The BESS facility owner must also reimburse costs of an assessment of damage to the environment, agriculture, residents, and businesses conducted by one or more third party consultants selected by the City of Vacaville and all testing, damages and remediation conducted by responsible entities that is required to return all sites in the path of the plume caused by thermal runaway to the previous condition after thermal runaway incident or other hazardous incident.
(Ord. 2015, 3/24/2026)
§ 14.09.271.040 Permitting and Environmental Compliance.
A. 
Conditional Use Permits. All new applications for Tier 2 and Tier 3 Battery Energy Storage Systems shall require a Conditional Use Permit, which shall be processed in accordance with Chapter 14.09.300, Use Permits.
B. 
Development Agreement. All new applications for Tier 2 and Tier 3 Battery Energy Storage Systems shall require a Development Agreement in accordance with Division 14.17, Development Agreements, to strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, to ensure that the community's safety is addressed, and to ensure that the public benefits provided by the development are appropriate.
C. 
Modifications. Applications for periodic augmentation to maintain the capacity of the Battery Energy Storage System or nominally increase the capacity of the system shall constitute a Modification. For applications to modify an approved use permit for a Battery Energy Storage System for which a land use or building permit has been approved (including after project completion), the Director of Community Development shall determine the level of permit modification that shall be required based on the criteria outlined under § 14.09.030.110. Modifications to an Approved Project and/or Permit.
D. 
Environmental Compliance. An Applicant shall comply with, and receive the necessary permits for, relevant state and federal environmental and wildlife laws prior to commencing construction and operation of the Battery Energy Storage System.
(Ord. 2015, 3/24/2026)
§ 14.09.271.050 Application Submittal Procedures.
A. 
Preliminary Application Process.
1. 
Purpose. The purpose of the Preliminary Application is to allow the Planning Division to work with the applicant and coordinate an internal review of Battery Energy Storage Systems. This process is intended to provide feedback to the applicant early in the process by helping applicants understand the approval process, identifying potential issues to be addressed, and facilitating community outreach. The Preliminary Application is not intended to be a comprehensive review of the project, does not result in any approvals, and is not subject to appeal. The outcome of the Preliminary Application process is a comprehensive letter describing the approval process, summarizing major planning concerns and issues noted during internal review and a fee estimate. The fee estimate for the project application may differ from the Pre-App estimate.
2. 
Applicability. A Preliminary Application for Tier 2 and Tier 3 Battery Energy Storage Systems shall be required to provide neighborhood notification and a minimum of one Planning Commission study session to discuss the proposed project and to document community concerns. The Director shall have discretion to require additional community meetings prior to the Planning Commission Study Session. The Director may require additional meetings if it is determined that additional meetings will be beneficial to the community. Preliminary Applications must include written confirmation demonstrating compliance with requirements outlined under NFPA 855.
3. 
Community Meeting Requirements. The applicant is responsible for arranging the community meeting venue and presenting the project to the community. Meetings shall occur at a publicly accessible venue within the City, preferably at the project site or within a one-mile radius of the site. At least 30 days before the meeting date, the Applicant shall notify the City of the desired meeting date and the City shall promptly determine whether it conflicts with any established City-sponsored meetings. Public notification shall be provided in accordance with § 14.09.030.070, Public Notice. The Applicant shall be required to provide the following services for the Community Meeting:
a. 
Publish a website with project information and contact information.
b. 
Reception desk with sign-in sheets, flyers printed with contact information.
c. 
Staff to document questions from the community, prepare meeting minutes, and organize responses to the questions. The meeting shall be recorded and made available to the public.
d. 
Moderator with at least one representative knowledgeable about Battery Energy Storage Systems to facilitate the meeting, presentation, and questions.
e. 
Weeknight meetings shall occur between 6:00 p.m. and 9:00 p.m. and weekend meetings shall occur between 10:00 a.m. and 9:00 p.m.
4. 
Preliminary Application Letter and Formal Submittal. Within 30 days of outreach completion, the Planning Division will send to the Applicant a letter summarizing major project concerns, a description of the approval process, other issues noted during internal review, and a fee estimate. A formal project submittal will be accepted only after the Pre-Application letter has been issued. If a formal application is not submitted within one year, a new Pre-App will be required before project submittal.
B. 
Formal Application Process.
1. 
Application. Applications and fees for Battery Energy Storage Systems shall be submitted in accordance with the provisions set forth in § 14.09.030.030, Application Forms and Fees. In addition, application shall include information demonstrating that requested entitlements conform to the required findings for approval.
2. 
Environmental Review. Applications for Battery Energy Storage Systems shall be evaluated in accordance with Division 14.03, Environmental Review, and the California Environmental Quality Act (CEQA). Applicants are responsible for funding the environmental analysis and corresponding technical studies necessary to disclose project-related impacts. Any unused fees will be reimbursed upon completion of the application process or withdrawal of a pending application.
3. 
Public Notice and Hearing. An application for a Battery Energy Storage System facility shall require noticed public hearings before the Planning Commission and City Council. Applications shall comply with the public notice and hearing requirements of § 14.09.030.070, Public Notice.
4. 
Decision. The decision maker must make a determination that the application complies with the required findings under Chapter 14.09.300, Use Permits, and Chapter 14.09.290, Design Review, and any other entitlement findings that are required for the application. The decision maker shall deny an application for a Battery Energy Storage System facility if it is unable to make a determination that the project meets the required findings for approval.
5. 
Submittal Checklist.
a. 
A preliminary emergency response plan that includes site access, equipment locations and potential hazards for responders, nearby residents, and businesses, in addition to any other requirements. The emergency response plan may be revised after land use permits are approved, with written approval from the Vacaville Fire Department. A final emergency response plan, with written approval of Vacaville Fire Department, must be submitted prior to issuance of any building permits.
b. 
A report documenting coordination to-date with the Vacaville Fire Department and Solano County Office of Emergency Services in developing the required emergency response plan for the project site.
c. 
A plan for offering site-specific training to first responders including the Vacaville Fire Department and cooperating agencies that are likely to provide mutual aid during the initial response at project site. If the fire department determines that specialized training, PPE and/or equipment are required for response to potential incidents at this location, the cost of such will be provided by the developer.
d. 
A hazard mitigation analyses if required by NFPA 855.
e. 
A comprehensive technology comparison analysis.
f. 
A financial assurances plan, including liability insurance that includes coverage for thermal runaway events and other hazardous incidents, pollution and other environmental damages, decommissioning bonds, a battery cell manufacturer responsibility agreement, and an agreement indemnifying the City of Vacaville and all emergency response agencies in the event of an incident associated with the BESS facility that causes environmental damage or causes injury to persons or property. Insurance shall address all phases of construction, development, and operations.
i. 
As part of the financial assurances, the applicant shall acknowledge that relevant and responsible agencies having jurisdiction over the site will oversee and coordinate subject matter experts to conduct a root cause analysis related to any hazardous incident, with all costs borne by the BESS facility owner.
ii. 
As an additional aspect of the financial assurances, the applicant shall acknowledge the responsibility and agreement to reimburse all damaged parties for an assessment of damage to the environment, agriculture, residents, and businesses conducted by one or more third-party consultants selected by the City of Vacaville and all testing, damages, and remediation conducted by responsible entities that is required to return all sites in the path of any plume caused by thermal runaway or otherwise subject to a hazardous incident to the previous site conditions.
g. 
A description of cybersecurity risks and mitigation measures associated with BESS modules, the Battery Management System, and active and passive fire and explosion detection systems.
h. 
Submitted plans and documents must be under the signature and seal of a CA Licensed design professional.
i. 
HMA, Fire Risk Analysis, fire suppression systems and deflagration protection analysis submittals shall be from a CA Licensed Fire Protection Engineer approved by the Vacaville Fire Department per California Fire Code (CFC) Section [A]104.7.2 as it may be amended. Submittals shall include signature and seal.
j. 
Fire protection system submittals such as fire suppression, pre-engineered systems, and water supply shall be provided by a licensed fire protection engineer or other approved licensed professionals as required by the CFC.
k. 
Fire alarm systems, fire detection, and gas detection shall include a C-10 - Electrical Contractor of record.
l. 
Final approval of any BESS or safety related equipment that has routine maintenance requirements according to the code or manufacturer's instructions will not receive approval until a maintenance plan has been submitted to the Vacaville Fire Department. Maintenance must comply with all NFPA Standards, Title 24, and manufacturer's instructions.
m. 
Once an application is accepted for review, any updated submittals during the period of review, installation and final inspections must either be signed and sealed by the design professional of record, or a cover letter signed and sealed by the design professional of record shall accompany the submittal, attesting that the updated information conforms to the overall design and code requirements.
n. 
Applicant must provide funding to the air quality district with jurisdiction over the project site to establish 10 or more permanent air monitors, at distances and elevations determined by the air quality district with jurisdiction over the project site to detect harmful constituents, hazardous to human life or wildlife, emitted as a result of thermal runaway as determined by the air quality district with jurisdiction over the project site. The number of sensors deployed will be determined by the air quality district with jurisdiction over the project site. If a thermal runaway incident occurs or air monitors detect hazardous constituents, the monitoring system and BESS operators shall notify Vacaville Police and Fire Dispatch. After an incident, related to BESS thermal runaway or otherwise, City staff will have access to the raw, unfiltered data from the air monitors.
o. 
BESS operator will submit a comprehensive annual report to the City of Vacaville staff as designated by the City consisting of but not limited to; the number of threats made to the site, the number of trips of the site security system, the number of hazardous incidents at the site, the number of fire and law responses to the site, soil testing on-site and the surrounding properties for hazardous chemicals existing in the battery system, air monitor results. This list can be supplemented and modified by City staff at any time.
p. 
The Applicant shall prepare and submit a Phase II Environmental Analysis that includes soil testing to provide the baseline condition of the site, which shall provide a benchmark reading for future measurements of potential contamination resulting from a thermal runaway event.
6. 
Technical Studies.
a. 
All technical studies, Hazard Mitigation Analysis and planning documents required by SB 38, NFPA 855 and the City of Vacaville must include both a probable scenario of limited thermal runaway and possible scenarios of simultaneous thermal runaway in all site modules at once, and shall address hazards as outlined in the "Emergency Response Plan Guidance" to the site and mitigation measures deployed.
b. 
Applicants must submit technical studies prepared by a third-party fire protection engineer selected by the City detailing the proposed fire safety features of the design, operation, and use of the BESS. Changes in installation configuration from the initial UL 9540A cell, module, and unit level test and the separate large scale fire testing, including internal architecture of modules and units will not be accepted unless it is demonstrated that the configuration provides equivalent results, subject to review and approval by the Vacaville Fire Department and Building Division. Fire safety features must include mechanisms for maintaining the temperature and humidity ratings of the listing.
c. 
Technical studies prepared by a third-party fire protection engineer, which the City has the discretion to select, must account for setback requirements and best practices from residential buildings and sensitive receptors. Technical study must include estimated impacts to property values and insurability of properties potentially impacted by a plume caused by thermal runaway.
d. 
Technical studies prepared by third party subject matter experts, which the City has the discretion to select, must include plume modeling and toxic gas dispersion analysis, specifically addressing impacts on missions and flight paths of Travis Air Force Base and Nut Tree Airport and freeways.
e. 
Technical studies prepared by third party subject matter experts selected by the City analyzing the chemical composition of BESS fire emissions and associated human, wildlife and environmental hazards, specifically at which distances emission impacts will be hazardous.
f. 
Technical studies prepared must analyze runoff of water and fire suppression liquid associated impacts to groundwater, wildlife, waterways, and the environment. If determined to be required by City staff, site plans must include a system for capturing runoff water, whose size requirements will be determined based on technical studies in consultation with the City of Vacaville, for water or fire suppressant liquid that may be used by first responders during thermal runaway incidents, and a geo-lined impermeable layer under all BESS modules. The retention basin must be emptied the same day if filled by rain or flood water. In accordance with applicable state laws. If thermal runaway occurs, five samples of fire suppressant liquid or water utilized must be taken by the third-party subject matter expert selected by the City and mitigation measures will be taken to reduce the adverse impact by third-party subject matter experts selected by the City, with the costs being paid for by the site owner. Applications shall include samples of the existing groundwater subbasin that would be affected by the BESS facilities to determine current levels of concentration.
g. 
BESS facilities must have active and passive fire and explosion detection systems in place, including gas detectors that meet UL 9540A, NFPA 72, and NFPA 69 standards. These systems must be able to detect explosive gases, trigger alarms, and initiate ventilation systems to mitigate risks from thermal runaway.
h. 
Battery Management System (BMS) must be approved and meet manufacturer's specifications. The BMS must transmit signals to an approved location, as reviewed and approved by the Vacaville Fire Department, if hazardous conditions are detected, and such signals must be monitored 24 hours a day, seven days a week. BMS documentation must identify security risks and potential threats, along with the mitigation measures implemented to reduce each identified risk. A combustible gas concentration reduction system compliant with NFPA 855, NFPA 69, UL 9540, and CFC that has undergone UL 9540A testing will have the ability to be automatically activated.
(Ord. 2015, 3/24/2026)
§ 14.09.271.060 Required Findings of Economic Benefit - Public Benefit Agreement - Exempt Projects.
A. 
Consistent with Public Resources Code Section 25545.9, and in addition to all other findings and determinations necessary for the grant of a conditional use permit, no conditional use permit for an Tier 2 or Tier 3 Battery Energy Storage System shall be granted unless the City finds that the construction and operation of the facility will have an overall net positive economic benefit to the City. For purposes of this subsection, economic benefits may include, but are not limited to, any of the following:
1. 
Employment growth.
2. 
Housing development.
3. 
Infrastructure and environmental improvements.
4. 
Assistance to public schools and education.
5. 
Assistance to public safety agencies and departments.
6. 
Property taxes and sales and use tax revenues.
7. 
Contributions to City initiatives or projects that benefit the community.
B. 
Consistent with Public Resources Code Section 24454.10, no Conditional Use Permit for a Tier 2 or Tier 3 Battery Energy Storage System shall be granted unless the City has entered into a legally binding and enforceable agreement with, or that benefits, the City, where there is mutual benefit to the parties to the agreement. The topics and specific terms of the community benefits agreements may vary and may include funding for or providing specific community improvements or amenities such as public safety training facilities for emergency responders, park and playground equipment, urban greening, enhanced safety crossings, and paving roads and bike paths.
C. 
The City of Vacaville finds and declares that, where an Tier 2 or Tier 3 Battery Energy Storage System is issued a certificate pursuant to Chapter 6.2 (commencing with Section 25545) of Division 15 of the Public Resources Code, and where such certificate is in lieu of a conditional use permit or other permit, certificate, or document required by the City, a community benefit agreement in the form described in subsection (B) of this section, shall satisfy the obligations on Public Resources Code Section 24454.10.
D. 
Training, Emergency Response, and Monitoring Agreement shall be required for BESS facility operators of Tier 2 and Tier 3 facilities. Agreements shall outline the funding mechanism and procedure for obtaining equipment and providing training to emergency responders, which shall include the following:
1. 
Annual training with updates on BESS best practices paid for by the company and provided to the Vacaville Fire Department and cooperating agencies that are likely to provide mutual aid during the initial response, Vacaville Police Department, Utilities, and Public Works. If the best practice include new equipment or PPE this must be paid for by the company.
2. 
Initial training on all systems regarding their BESS for all County Haz Mat personnel throughout the county and other Fire Departments in neighboring agencies that collaborate through mutual aid agreements (e.g., Dixon Fire Department and Fairfield Fire Department).
3. 
Air Monitoring systems provided by and maintained by the owner of the company with remote monitoring systems accessible by the Vacaville Fire Department and Solano County Haz Mat team.
4. 
Gas monitors provided by and maintained by the owner of company including cost of training, maintenance and calibration.
5. 
Reimbursement agreements to ensure all costs associated with mitigation of events at their facility are paid by owners/operators of the BESS facility.
(Ord. 2015, 3/24/2026)
§ 14.09.271.070 Commissioning, Safety Standards and Certifications.
A. 
Commissioning Plan. Prior to issuance of Building and Fire Permits for a BESS facility, Applicants shall submit a commissioning plan consistent with NFPA 855 that contains:
1. 
A electrical diagram detailing the Battery Energy Storage System layout, associated components, and electrical interconnection methods, with all NEC compliant disconnects and over current devices.
2. 
A preliminary equipment specification sheet that documents the proposed Battery Energy Storage System components (including all associated cutsheets), inverters and associated electrical equipment that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of the building permit.
3. 
Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the battery energy storage system. Such information regarding the final system installer shall be submitted prior to the issuance of a Building Permit. The installer must have a business license with the City of Vacaville.
4. 
A commissioning plan, commissioning test and report meeting the requirements of NFPA 855 Sections 6.1.3, 6.1.4 6.1.5 shall be submitted prior to final inspection.
5. 
If plans include connection to the City of Vacaville wastewater collection system, an Industrial User Permit application must be submitted to the Utilities Department.
B. 
Safety Requirements. Battery Energy Storage Systems shall comply with the latest published version that is approved to be used by the CFC Chapter 80 and NFPA 855, Standard for Installation of Stationary Energy Storage Systems, at the date of the submission of the application. Prior to issuance of Building and Fire Permits, Applicants are required to:
1. 
Submit an emergency response plan as an appendix to the project application.
2. 
Submit a plan as an appendix to the project application for offering site-specific training to the Vacaville Fire Department and cooperating agencies that are likely to provide mutual aid during the initial response at the project site.
3. 
Conduct hazard mitigation analyses if specified by NFPA 855.
4. 
Equipment Certification. All batteries integrated within the battery energy storage system shall be listed under UL 1973. The battery energy storage system shall be listed in accordance with UL 9540, either from the manufacturer or by field evaluation.
5. 
Submit an ongoing weed abatement plan for review and approval by the Vacaville Fire Department.
C. 
Decommissioning.
1. 
Decommissioning Plan. Prior to issuance of any permits related to decommissioning activities, the Applicant shall submit a Decommissioning Plan that complies with the following requirements, and is consistent with NFPA 855 and agreements reached between the Applicant and other landowners of participating properties, and that ensures the return of all participating properties to a useful condition, including removal of above-surface facilities and infrastructure that have no ongoing purpose. The decommissioning plan shall include, but is not limited to:
a. 
An overview of the decommissioning process developed specifically for the BESS that is to be decommissioned.
b. 
Roles and responsibilities for all those involved in the decommissioning of the BESS.
c. 
A detailed description of each activity to be conducted during the decommissioning process and who will perform that activity and at what point in time.
d. 
Procedures to be used in documenting the BESS and all associated operational controls and safety systems that have been decommissioned.
e. 
Guidelines and format for a decommissioning checklist and relevant operational testing forms and necessary decommissioning logs and progress reports.
f. 
A description of how any changes to the surrounding areas and other systems adjacent to the ESS facility, including, but not limited to, structural elements, building openings, means of egress, and required fire detection and suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed.
g. 
Estimated costs associated with decommissioning.
h. 
Evidence of insurance for bankruptcy in the form of a bridge policy. This includes financial assurance in the form of a bond, a parent company guarantee, or an irrevocable letter of credit, but excluding cash, to be determined by applicant. The amount of the financial assurance shall not be less than the estimated cost of decommissioning the energy facility, after deducting salvage or recycling value, as calculated by a third party with expertise in decommissioning, hired by the applicant. The entire financial assurance must be posted by the start of full commercial operation of the BESS facility.
i. 
Battery disposal plan and acknowledgment of the facility owner's responsibility to recover and recycle battery cells at an authorized recycling facility upon decommissioning.
D. 
Ownership Changes. If the owner of the Battery Energy Storage Systems facility changes or the owner of the property changes, the project approvals shall remain in effect, provided that the successor owner or operator assumes in writing all the obligations of the project, site plan approval, and Decommissioning Plan. A new owner or operator of the facility shall notify the Community Development Department of such change in ownership or operator within 30 days of the ownership change. A new owner or operator must provide such notification to the Community Development Department in writing. The project and all approvals for the facilities would be void if a new owner or operator fails to provide written notification to the Community Development Department in the required timeframe. Reinstatement of a voided project or approvals will be subject to the same review and approval processes for new applications under this chapter.
(Ord. 2015, 3/24/2026)
§ 14.09.280.010 Purpose.
This chapter establishes the procedure to verify that each new, modified or expanded use, activity, or structure complies with all applicable requirements of this title, as well as the conditions of any previous discretionary approval granted by the City.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.280.020 Applicability.
A. 
Zoning Clearance Required. A zoning clearance is a ministerial review and determination that is required for a proposed new or modification to an existing structure, land use, site improvement, building repair (outside of routine maintenance), or to satisfy the requirements of California Government Code Sections 65852.21 and 66411.7, to ensure the activity conforms to the applicable zoning provisions. A zoning clearance is conducted for all building permits that require a planning review (except for interior alterations that do not add floor area, bedrooms or change the use of a building which do not require planning review), business licenses, change in use, and modifications to site improvements (except for single-family residences).
B. 
Exception. A zoning clearance is not required for the continuation of previously approved or permitted uses and structures or uses and structures that are not subject to any building or zoning regulations.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.280.030 Decision Maker.
The Director of Community Development shall act as the decision maker for zoning clearances based on consideration of the requirements of this chapter.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.280.040 Procedures.
A. 
Application. Additional applications and fees are not required for a zoning clearance if it is associated with another type of City permit such as a building permit or business license. If a zoning clearance is required, and the proposed use or change is not associated with a building permit or business license, an application and fee for a zoning clearance shall be submitted in accordance with the provisions set forth in Section 14.09.030.030, Application Forms and Fees. The Director of Community Development may request that the zoning clearance application be accompanied by a written narrative, plans, and other related materials necessary to show that the proposed use of the site complies with all provisions of the Zoning Ordinance and the requirements and conditions of any previous discretionary approval granted by the City.
B. 
Zoning Clearance Determination. The Director of Community Development shall make a determination whether a proposed use, activity, or structure is allowed without requiring discretionary review by the Zoning Ordinance, and conforms to all applicable development and use standards, and shall issue a zoning clearance. An approved zoning clearance may include attachments of other written or graphic information, including statements, numeric data, site plans, floor plans, and building elevations and sections, as a record of the proposal's conformity with the applicable regulations of this title. Prior to issuing any building permit, or associated permit approval, the Director of Community Development shall also determine through approval of a zoning clearance that the use, building, or modifications to uses and/or buildings conforms to the provisions of any applicable previous discretionary approval, and satisfies all conditions of such permits and approvals.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.290.010 Purpose.
This chapter establishes procedures for design review, ensuring that new development supports the goals and objectives of the General Plan and other adopted plans and guidelines. More specifically, design review is intended to:
A. 
Promote excellence in site planning and design, and the harmonious appearance of buildings and sites; and
B. 
Ensure that new and modified uses and development maintain or improve the physical character of the surrounding area; and
C. 
Supplement other City regulations and standards to ensure implementation of design excellence that are not otherwise addressed.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.290.020 Applicability.
Ensure internal code consistency by adding design review applicability for changes to planned development design guidelines.
A. 
Minor Design Review.
1. 
Change of use or exterior building or site alterations.
2. 
Nonresidential uses up to 5,000 square feet for new or expanded floor area in nonresidential districts adjacent to residential zones, and up to 25,000 square feet in commercial districts not abutting a residential zone, and up to 100,000 square feet in industrial or business park districts not abutting a residential zone.
3. 
Residential uses for multifamily projects, or single-family attached units up to 10 units, and custom single-family homes.
4. 
New house plans within a previously approved specific plan or tentative subdivision map that complies with all residential design requirements.
5. 
Design guidelines that comply with all residential design requirements.
6. 
Exterior alterations to designated historic buildings or sites in a historic district, in accordance with the provisions of Chapter 14.09.130, Historic Preservation (HP) Overlay District.
B. 
Major Design Review.
1. 
Nonresidential uses over 5,000 square feet for new or expanded floor area in nonresidential districts adjacent to residential zones, and over 25,000 square feet in commercial districts not abutting a residential zone, and over 100,000 square feet in industrial or business park districts not abutting a residential zone.
2. 
Nonresidential uses over 5,000 square feet in all other zoning districts.
3. 
Residential uses for multifamily projects, or single-family attached units (either on one site, or new subdivision) over 10 units, and single-family developments that include request for design exceptions.
4. 
Development projects that require Planning Commission approval.
5. 
New house plans within a previously approved specific plan or tentative subdivision map that require exceptions to residential design requirements including plotting mixture, setbacks, building height, and lot coverage as permitted by Chapter 14.09.310 of this code (Adjustments).
6. 
Digital freeway billboards, as regulated by Section 14.09.260.100.B of this code, Digital Freeway Billboards.
7. 
Design guidelines that require exceptions to residential design requirements.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023; Ord. 1995, Amended, 07/23/2024; Ord. 1996, Amended, 07/23/2024; Ord. 2011, Amended, 2/10/2026)
§ 14.09.290.030 Decision Maker.
A. 
Director of Community Development. The Director of Community Development is the decision maker for all projects that require minor design review, and that do not require Planning Commission or City Council approval based on consideration of the requirements of this chapter. The Director of Community Development may refer any application for a minor design review permit to the Planning Commission, where it is determined the project involves a significant policy issue.
B. 
Planning Commission. The Planning Commission is the decision maker for all major design review projects, and projects that would otherwise require Planning Commission approval, based on consideration of the requirements of this chapter.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.290.040 Procedures.
A. 
Application. Applications and fees for design review shall be submitted in accordance with the provisions set forth in Section 14.09.030.030, Application Forms and Fees. In addition, the application for a design review shall include information demonstrating that the request conforms to the required findings set forth in Section 14.09.290.050, Design Review Findings.
B. 
Waiver. The Director of Community Development may waive the requirement for projects subject to minor design review when a change in use does not involve exterior building or site modifications, and/or when it can be determined that the change of use and/or modifications would be consistent with the previously approved entitlement for the site or use.
C. 
Public Notice and Hearing. Applications subject to design review shall comply with the public notice and hearing requirements of Section 14.09.030.070, Public Notice.
D. 
Decision. The decision maker must make a determination that the application complies with Section 14.09.290.050, Design Review Findings. The decision maker shall deny an application for design review if it is unable to make a determination that the project meets the design criteria.
E. 
Unbuilt Portions. The design review aspects for any unbuilt portion of a project that is approved as a phased master plan project shall expire 10 years after the original approval date, and a new design review approval shall be required.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1996, Amended, 07/23/2024)
§ 14.09.290.050 Design Review Findings.
A. 
The design, size, and other physical characteristics of the proposed use are compatible with adjacent uses, activities, structures, and adjacent natural resources.
B. 
The subject site is suitable for the type and intensity of uses, activities, and structures proposed.
C. 
The project will not be detrimental to the public health, safety, or welfare of the community.
D. 
The project is consistent with the goals, objectives, and policies of the General Plan, the Zoning Ordinance, and the Land Use and Development Code.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.300.010 Purpose.
This chapter establishes a process to permit discretionary land use applications for uses that are generally consistent with the goals, objectives, and policies of the General Plan, and the purposes of the district where they are proposed, and that require special consideration and specific conditions of approval applied (e.g., operational limitations and design requirements) to minimize potential impacts that may otherwise result from a land use, and to ensure that they can be designed, located, and operated in a manner that will be compatible with the surrounding area and consistent with the zoning district and the General Plan.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.300.020 Applicability.
A. 
A use permit is required for uses specifically identified in Part II, District Regulations, of Division 14.09, and/or any other part of the Zoning Ordinance which requires a use permit.
1. 
Minor Use Permit. A minor use permit (MUP) is required for land uses that have a limited scope or less potential for land use incompatibility impacts.
2. 
Conditional Use Permit. A conditional use permit (CUP) is required for land uses that may result in potentially significant land use incompatibility impacts.
B. 
Use permits apply to and run with the land where the use and/or development is approved. If a use was legally established as permitted use, and now requires a use permit the use is considered a nonconforming use. Once a land use approved with a use permit has been legally established and activated the use permit shall remain in effect (regardless of ownership), unless or until either of the following occurs:
1. 
There is a change in use to a use not entitled by the applicable use permit; or
2. 
The use is discontinued for a period of one year.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.300.030 Decision Maker.
A. 
Director. The Director of Community Development shall act as the decision maker for minor use permits based on consideration of the requirements of this chapter. The Director of Community Development may refer an application for a minor use permit to the Planning Commission where the project involves a significant policy issue.
B. 
Planning Commission. The Planning Commission shall act as the decision maker for conditional use permits based on consideration of the requirements of this chapter.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.300.040 Procedures.
A. 
Application. The provisions set forth in Section 14.09.030.030, Application Forms and Fees, apply to applications and fees for a use permit and shall be submitted in accordance with the provisions set forth in Section 14.09.030.030, Application Forms and Fees. In addition, the application for a use permit shall demonstrate that the request conforms to the required findings set forth in Section 14.09.300.050, Use Permit Findings.
B. 
Public Notice. An application for a use permit shall require a public notice, pursuant to Section 14.09.030.070, Public Notice.
C. 
Public Hearing. An application for a minor use permit shall require a noticed public hearing held by the Director of Community Development. An application for a conditional use permit shall require a public hearing before the Planning Commission.
D. 
Decision. The decision maker must make a determination that the application for a use permit is in compliance with the applicable use permit findings. The decision maker shall deny an application for a use permit if it is unable to make a determination that a project complies with any of the use permit findings, in which case it shall state the reasons for that determination.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1996, Amended, 07/23/2024)
§ 14.09.300.050 Use Permit Findings.
The decision maker shall approve, conditionally approve, or deny a minor or conditional use permit application, based on the following findings:
A. 
That the subject site is suitable for the type and intensity of the proposed use or development, meaning that the proposed use or development can meet the applicable requirements of the zoning ordinance including development standards, design guidelines, special use provisions, and supplemental regulations;
B. 
The operating characteristics of the proposed use, including traffic, noise, light, and others, will be, or have been conditioned to be, in compliance with performance standards, mitigation programs and other development requirements, as applicable and as outlined in this code or City policies, including Division 14.13 (Traffic Impact Mitigation), Division 14.03 of this code (Environmental Review), and Chapter 14.09.240 of this code (Performance Standards), which will ensure that the use will be in keeping with the character of the neighborhood and other adjacent uses or uses in the vicinity;
C. 
The proposed improvements of the site, including building design, height and bulk of buildings, setbacks, fencing, landscaping, signage size and location, meet the applicable requirements of the Zoning Ordinance, including development standards, design guidelines, special use provisions, and supplemental regulations, which ensures compatibility with the surrounding neighborhood;
D. 
That the proposed use shall not result in conditions that would be detrimental to the public health, safety, or welfare of the community;
E. 
All required public facilities and services have adequate capacity and are available to serve the proposed use or will be made available concurrent with the proposed development;
F. 
Allowing the proposed use at the proposed location would be consistent with and help achieve the goals, objectives, and policies of the City General Plan and the Land Use and Development Code, including the applicable zoning district; and
G. 
The project would not result in a negative effect to the City's land use inventory available for residential and economic development, consistent with the intent of the City's General Plan Land Use Element or Housing Element.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1996, Amended, 07/23/2024)
§ 14.09.310.010 Purpose.
This chapter establishes the procedure for granting relief to property owners from codified locational, developmental, and operational standards to allow limited adjustment to zoning standards on specific sites to accommodate an owner's desired use and development of property where allowing the adjustment would be consistent with and not compromise the intent and purpose of the goals, objectives, and policies of the General Plan, and the standards in the Zoning Ordinance and the Land Use and Development Code.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.310.020 Adjustments.
Adjustments to adopted standards apply to limited special circumstances where discretionary review is warranted, but the situation does not meet the requirements of a variance based on physical hardship. Adjustments may be applied to the following standards:
A. 
Adjustments in Standards.
1. 
Front Yard Setback. Up to a 25% reduction with a minimum of 18 feet for front- entry garages, and structures above the first floor in single-family residential districts. Exception: not applicable in residential districts with a 15-foot front setback, and to unenclosed porches that have a 10-foot front setback.
2. 
Side Yard Setback and Setbacks Between Buildings. Up to a 20% decrease, with a minimum of five feet for side yards. Exception: not applicable to balconies or additions above the first floor.
3. 
Rear Yard Setback. Up to a 25% reduction. Exception: not applicable to street side yard setbacks, balconies or additions above the first floor unless adjacent to public open space.
4. 
Miscellaneous.
a. 
Driveways Width Reduction. Up to a 20% reduction in required driveway width;
b. 
Deck Setback Reduction (for Structures 18 to 30 Inches Above Grade). Up to 20% reduction of side or rear yard setbacks;
c. 
Fence Height Increase. Up to a two-foot increase in height above maximum fence height permitted;
d. 
Lot Coverage Increase. Up to a 10% increase in maximum lot coverage for accessory structures or additions;
e. 
Hazardous Fencing Materials. The use of barbed wire, razor wire, ultra-barrier, electrified, and other hazardous fencing upon finding that this type of fencing is required for security or animal control purposes;
f. 
Animal Keeping Standards. An exception to the standards of § 14.09.270.070, Animal Keeping, upon finding that an exception is necessary to accommodate a disability, a 4-H or similar education project, or other exceptional circumstances; and
g. 
All Other Standards. Up to a 10% modification for any numerical standards outlined in this code. This section is only applicable to existing residential uses and is not applicable to proposed production homes.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023; Ord. 1996, Amended, 07/23/2024; Ord. 2011, Amended, 2/10/2026)
§ 14.09.310.030 Decision Maker.
The Director of Community Development shall act as the decision maker for adjustments. Decisions of the Director of Community Development may be appealed to the Planning Commission per Section 14.090.030.120, Appeals.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.310.040 Procedures.
A. 
Application. An application for an adjustment shall be filed with the Director of Community Development on the prescribed application forms in accordance with the procedures in Section 14.09.030.030, Application Forms and Fees. In addition, the application for an adjustment shall include a statement showing how the applicant contends the request meets the applicable criteria set forth in Section 14.09.310.050, Adjustment Review Findings.
B. 
Public Notice. An application for an adjustment shall require a public notice prior to the Director of Community Development decision, pursuant to Section 14.09.030.070, Public Notice.
C. 
Public Hearing. An application for an adjustment shall require a public hearing before the Director of Community Development.
D. 
Decision. After conducting a public hearing, the decision maker must make all the findings set forth in Section 14.09.310.050, Adjustment Review Findings, to approve or conditionally approve an adjustment application. The decision maker shall deny an application for an adjustment if it is unable to make any of the required findings, in which case it shall state the reasons for that determination.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.310.050 Adjustment Review Findings.
The decision maker shall approve, approve with conditions, or deny the adjustment request based on the following findings:
A. 
The adjustment would meet all other applicable requirements of the Zoning Ordinance and thus would not result in an undue impact on surrounding properties;
B. 
The adjustment would not allow a use or activity which is not otherwise expressly authorized by the applicable regulations governing the subject property and thus would maintain neighborhood compatibility;
C. 
There are no alternatives to the requested adjustment that could accommodate the owner's desired use of the property; and
D. 
The adjustment would result in enhanced, improved or mitigating features, including but not limited to additional living area, improved parking area, increased security, improved or additional landscaping, recreational, architectural detailing, materials, treatments, or finishes, and walkways, etc.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1996, Amended, 07/23/2024)
§ 14.09.310.060 Conditions of Approval.
Land uses and/or developments with an approved adjustment must comply with this section, as well as applicable standard conditions of approval and any site specific conditions of approval that may be applied to a project by the decision maker to ensure the use or development meets all the required findings in accordance with Section 14.09.310.050, Adjustment Review Findings.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.320.010 Purpose.
This chapter is intended to provide a mechanism for relief from the strict application of the Zoning Ordinance where the subject property's unique and special conditions exist which would preclude development within the provisions of the Zoning Ordinance. More specifically, this chapter is intended to:
A. 
Provide relief from certain regulations which, if applied to a proposed project, would be inconsistent with the objectives of the Zoning Ordinance;
B. 
Provide for the equitable use of properties where development would unreasonably be limited due to the irregular shape or size of the property, unusual topographic features, or other physical constraints;
C. 
Ensure that the public health, safety, welfare, and property values are protected, and that property owners are not deprived of privileges enjoyed by similar properties because of their property's unique and special conditions; and
D. 
Implement the goals, objectives, and policies of the General Plan, the Zoning Ordinance, and the Land Use and Development Plan.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.320.020 Applicability.
An applicant may apply for a variance application which may be granted to vary or modify dimensional development standards and performance standards required by this Zoning Ordinance. Variances do not allow land uses that are not allowed in established zoning districts, modifications to procedures, increases in density above the maximum permitted by zone (see Chapter 14.09.210 of this code, Affordable Housing, Density Bonus, and Incentives), a reduction in the minimum density, or other activities or standards that are not expressly authorized by the Zoning Ordinance.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.320.030 Decision Maker.
The Planning Commission shall act as the decision maker for variance applications based on consideration of the requirements of this chapter.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.320.040 Procedures.
A. 
Application. An application for a variance shall be filed with the Director of Community Development on the prescribed application forms in accordance with the procedures in Section 14.09.030.030, Application Forms and Fees. In addition, the application for a variance shall include a statement showing how the applicant contends the request meets the applicable criteria. Application for a variance is subject to Solano County Airport Land Use Commission review if the amendment applies to land within airport influence area of Nut Tree Airport or Travis Air Force Base and involves matters that may have airport land use compatibility implications.
B. 
Public Notice. An application for a variance shall require a public notice prior to the Planning Commission decision, pursuant to Section 14.09.030.070, Public Notice.
C. 
Public Hearing. An application for a variance shall require a public hearing before the Planning Commission.
D. 
Decision. After conducting a public hearing, the Planning Commission shall make a determination if the application meets the applicable criteria to approve or conditionally approve a variance application. The Planning Commission shall deny an application for a variance if it is unable to make a determination that it meets the applicable findings, in which case the record of the Planning Commission's action shall state the reasons for that determination.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.320.050 Variance Findings.
The Planning Commission must determine that a variance application meets the following findings to approve or conditionally approve a variance request:
A. 
There are special circumstances applicable to the property, including size, shape, topography, location or surroundings, that the strict application of the Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification;
B. 
The granting of a variance would not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated;
C. 
A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. The provisions of this section shall not apply to conditional use permits;
D. 
There are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the vicinity or the base district in which it is located;
E. 
The strict application of the Zoning Ordinance would deprive the property owner of privileges enjoyed by the owners of similar properties because of their property's unique and special conditions;
F. 
The granting of the request will not constitute a granting of a special privilege inconsistent with the limitations on other properties in the vicinity within the same zoning district;
G. 
The granting of the request is necessary to prevent a physical hardship that would result from the strict application of the Zoning Ordinance and which is not the result of a previous action of the current or prior property owner intended to circumvent the standards of this Zoning Ordinance;
H. 
The granting of the request will not be detrimental or injurious to property or improvements in the vicinity, nor to the public health, safety, or general welfare;
I. 
The granting of the variance is the minimum request necessary to provide the requested relief; and
J. 
The granting of the request will be consistent with the general purposes and objectives of the General Plan, any applicable specific plans, and the purpose of the applicable zoning district.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.320.060 Conditions of Approval.
In granting a variance request, the Planning Commission may impose reasonable conditions deemed necessary to ensure compliance with the criteria in Section 14.09.320.060, Variance Findings.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.330.010 Purpose.
This chapter establishes the procedures to request reasonable accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act ("the Acts") in the application of zoning law and other land use regulations, policies, procedures, and conditions of approval.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.330.020 Applicability.
A. 
A request may be made by any person with a disability, their representative, or any other entity, when the application of zoning law or other land use regulation, policy, or procedure acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment, or as may be defined in applicable law.
B. 
A request for reasonable accommodation may include a change or exception to the practices, rules, and standards for the development, siting, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.330.030 Decision Maker.
The Director of Community Development shall act as the review authority for reasonable accommodation applications based on consideration of the requirements of this chapter, unless it is associated with another discretionary application that would be considered by the Planning Commission and/or City Council, then all of the requests shall be reviewed by the applicable decision maker.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.330.040 Procedures.
A. 
Application. An application for a reasonable accommodation shall be prepared, filed, and processed in compliance with Section 14.09.030.030, Application Forms and Fees. Requests submitted for concurrent review with another discretionary land use application shall be reviewed by the decision maker for the discretionary land use application. In addition to any other information required under the Vacaville Municipal Code, an applicant submitting a request for reasonable accommodation must provide the following information:
1. 
Description of the accommodation request;
2. 
Name and address of the property owner and the owner's written consent to the application;
3. 
Verifiable documentation of the individual's disability status;
4. 
The regulation(s), policy, or procedure for which accommodation is requested;
5. 
Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling; and
6. 
Additional information necessary for City staff to facilitate proper consideration of the request, consistent with fair housing laws.
B. 
Public Noticing and Public Hearing Not Required. No noticing or public hearing are required for a reasonable accommodation request.
C. 
Decision. The Director of Community Development shall make a written determination within 45 calendar days of the application being deemed complete and either approve, modify, or deny a request for reasonable accommodation in compliance with Section 14.09.330.050, Reasonable Accommodation Findings.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.330.050 Reasonable Accommodation Findings.
The decision maker may approve, approve with conditions, or deny the request based on the following findings:
A. 
The housing, which is the subject of the request, will be used by an individual defined as disabled under the Acts;
B. 
The reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts;
C. 
The reasonable accommodation would not impose an undue financial or administrative burden on the City; and
D. 
The reasonable accommodation would not require a fundamental alteration of the City's land use and zoning.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1984, Amended, 07/25/2023)
§ 14.09.330.060 Conditions of Approval.
In granting a request for reasonable accommodation, the Director of Community Development may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required herein. The conditions shall also state whether the accommodation granted shall terminate if the recipient of the accommodation requested no longer resides on the property.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.340.010 Purpose.
This chapter establishes the City's requirements for specific plans and the procedures for their review and adoption. More specifically, this chapter is intended to:
A. 
Encourage the master planning of development which promotes economical and efficient land use practices;
B. 
Permit flexibility in establishing development standards, public improvement systems, and a mix of land uses; and
C. 
Implement the goals, objectives, and policies of the General Plan, the Zoning Ordinance, and the Land Use and Development Code.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.340.020 Applicability.
The requirements established by this chapter are intended to supplement the requirements of Section 65450 of the California Government Code. Where this chapter establishes more restrictive provisions that are consistent with state regulations, the more restrictive provisions shall control.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.340.030 Procedures.
A. 
Initiation. The preparation of a new specific plan or an amendment to an existing specific plan may be initiated as follows:
1. 
Property Owner. A property owner or a property's agent may initiate the preparation of a new specific plan or an amendment to an existing specific plan. If the subject property is under more than one ownership, one or more of the property owners may initiate the specific plan. Initiation shall not require the consensus of all property owners; however, all property owners within the specific plan area shall be notified by the applicant, in conjunction with the requirements described on the application form, that a specific plan has been initiated; and
2. 
City Council. The City Council may initiate the preparation of a new specific plan or an amendment to an existing specific plan through a specific action, through the adoption of the City's operating budget, or through any other form of Council direction. The Planning Commission or Director of Community Development may request that the City Council initiate the preparation of a new specific plan or an amendment to an existing specific plan.
B. 
Application. An application for the preparation of a new specific plan or an amendment to an existing plan shall be prepared, filed, and processed in compliance with Section 14.09.030.030, Application Forms and Fees. In addition, where applicable, the application shall include the following materials listed on the official application form(s) provided by the City:
1. 
Concurrent Filing. An application for a related General Plan amendment, amendment to the Zoning Ordinance and zoning map, and/or development agreement; and
2. 
Multiple Ownerships. A statement signed by the property owner that all other property owners within the plan area have been notified of the intent to prepare or amend a specific plan, a copy of the notice, and mailing list.
C. 
Public Hearing and Notice. An application for a specific plan shall require a public notice, pursuant to Section 14.09.030.070, Public Notice.
D. 
Planning Commission Hearing and Recommendation. The procedure shall be the same as amendments to the Zoning Ordinance and zoning map, according to Section 14.09.020.050, Planning Commission Hearing and Recommendation.
E. 
City Council Hearing and Action. The procedure shall be the same as amendments to the Zoning Ordinance and zoning map, according to Section 14.09.020.060, City Council Hearing and Action.
F. 
Consistency with Airport Land Use Compatibility Plans. Adoption or amendment of specific plans affecting land within the influence area of Nut Tree Airport or Travis Air Force Base must be referred to Solano County Airport Land Use Commission for a determination of consistency with the respective Airport Land Use Compatibility Plan prior to final approval by the City.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.340.040 Contents of Plan.
In accordance with California Government Code Section 65450, a specific plan must include, but is not limited to, materials that specify all the following in detail:
A. 
The distribution, location and extent of individual land uses, including open space, within the area covered by the plan;
B. 
The proposed distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, parks and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan;
C. 
Land use and development standards that, at a minimum, address land use, density, height, setbacks, landscaping, parking and design;
D. 
Standards that address the conservation, development and utilization of natural resources, where applicable;
E. 
A program of implementation measures, including regulations, programs, public works projects, financing measures and a statement of consistency with any existing master/capital improvement plan necessary to carry out subsections A, B and C of this section;
F. 
A statement of relationship of the specific plan to the General Plan, including a statement of how the specific plan implements the goals and policies of the General Plan;
G. 
Any other subjects that, in the judgment of the Director of Community Development, Planning Commission or City Council, are necessary or desirable for implementation of the General Plan; and
H. 
Development and design guidelines for the buildout of the specific plan area.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.340.050 Specific Plan Findings.
City Council must make the following findings to approve an application for a new specific plan or an amendment to an existing specific plan:
A. 
The specific plan or amendment will not be detrimental to the public health, safety, or welfare of the community;
B. 
The specific plan or amendment includes provisions which ensure that adequate public facilities will be available to serve the range of development describe in the plan;
C. 
The specific plan or amendment will maintain an appropriate balance of land uses within the City, and it does not change the overall density of the applicable General Plan land use designation;
D. 
The specific plan or amendment proposes land uses which are compatible with existing and future surrounding uses; and
E. 
The specific plan or amendment is consistent with the goals, objectives, and policies of the General Plan, the Zoning Ordinance, and the Land Use and Development Code.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.09.340.060 Amendments of Approved Plans.
A specific plan may be amended in the same manner as it was adopted, subject to the provisions of Section 14.09.340.030, Procedures. The amendment of a specific plan is subject to the same findings as the initial approval, established in Section 14.09.340.050, Specific Plan Findings.
(Ord. 1972, Repealed and Replaced, 02/22/2022)