The purpose of this chapter is to identify the bodies, officials, and administrators with designated responsibilities under various chapters of the Zoning Code and who serve as the "Review Authority" for planning permits and decisions. Other chapters provide detailed information on procedures, applications, and permits, including zoning and general plan text and map amendments, establishment of fees, and enforcement. When carrying out their assigned duties and responsibilities, all bodies, administrators, and officials shall interpret and apply the provisions of this Zoning Code as minimum requirements adopted to implement the policies and achieve the objectives of the general plan.

The powers and duties of the city council under this Zoning Code include, but are not limited to the following:

A.

Consider and adopt, reject or modify amendments to the general plan map and text pursuant to the provisions of Chapter 16.612, General Plan Amendments, and the Government Code, following a public hearing and recommended action by the planning commission.

B.

Consider and adopt the zoning map, the Zoning Code, and amendments to the zoning map and text of the Zoning Code pursuant to the provisions of Chapter 16.611, Zoning Text and Map Amendments, and the Government Code, following a public hearing and recommended action by the planning commission.

C.

Consider and adopt, reject or modify specific plans or amendments to specific plans pursuant to the provisions of Chapter 16.609, Specific Plans and Amendments, and the Government Code, and planned development plans pursuant to the provision of Chapter 16.610, Planned Development Districts, and other applicable land use entitlements following a public hearing and recommended action by the planning commission.

D.

Adopt guidelines for design review applicable to designated areas;

E.

Hear and decide appeals from decisions of the planning commission, architectural heritage and landmarks commission and design review board on any other permits that can be appealed, pursuant to Chapter 16.602, Common Procedures, Section 16.602.14, Appeals.

F.

Hear and decide appeals on environmental determinations by the director or the planning commission, pursuant to Chapter 16.602, Common Procedures, Section 16.602.06, Environmental Review.

G.

Establish, by resolution, a Municipal Fee Schedule listing fees, charges, and deposits for various applications and services provided, pursuant to the Zoning Code.

The planning commission is established and organized pursuant to the requirements of Chapter 402, Boards and Commissions of the City Charter and the requirements of the California State Government Code. The powers and duties of the planning commission under the Zoning Code are established pursuant to Chapter 2.44 of the Vallejo Municipal Code and include, but are not limited to the following:

A.

Conduct public hearings and make recommendations to the city council on proposed amendments to the general plan map and text, pursuant to Chapter 16.612, General Plan Amendments.

B.

Annually review progress towards implementation of the general plan and recommend to the city council changes needed due to new legislation, development trends and changing economic, social and environmental conditions.

C.

Conduct public hearings and make recommendations to the city council on proposed amendments to the zoning map and to the text of the Zoning Code, pursuant to Chapter 16.611, Zoning Text and Map Amendments.

D.

Conduct hearings and make recommendations to the city council on proposed specific plans and amendments, pursuant to Chapter 16.609, Specific Plans and Amendments and 16.610, planned development districts pursuant to the provision of Chapter 16.610, Planned Development Districts, and other applicable land use entitlements as recommended by the planning and development services director (the director).

E.

Approve, conditionally approve, modify or deny conditional use permits and variances, pursuant to Chapter 16.606, Minor and Major Use Permits, and Chapter 16.607, Variances.

F.

Hear and decide appeals from decisions of the director on determinations, or interpretations made in the enforcement of the Zoning Code and any other decisions that are subject to appeal, pursuant to Chapter 16.602, Common Procedures, Section 16.602.14, Appeals.

G.

Make environmental determinations on any approvals it grants that are subject to environmental Review under the California Environmental Quality Act and the procedures in Chapter 16.602, Common Procedures, Section 16.602.06, Environmental Review.

H.

Recommend to the city council for adoption guidelines for conducting design review, pursuant to Chapter 16.604, Design Review.

I.

Such other duties and powers as assigned or directed by the city council.

The planning and development services director (the director) is a city staff member appointed by the city manager with powers and duties that include but are not limited to the following: monitor and enforce provisions of the Zoning Code.

A.

Review and issue land use permits that are minor in nature and which customarily result in an activity of generally minor public controversy and adverse impact based on specific findings of fact to support the resulting decision. The director has authority to require specific conditions when warranted to ensure that the requested activity or project is conducted or constructed in a manner consistent with the goals, objectives, and policies of the general plan.

B.

Maintain and administer the Zoning Code, including processing of applications, abatements and other enforcement actions.

C.

Approve, conditionally approve, modify or deny requests for waivers to dimensional requirements, pursuant to Chapter 16.608, Exceptions.

D.

Interpret the Zoning Code to members of the public and to other city departments.

E.

Prepare and effect rules and procedures necessary or convenient for the conduct of the department's business. These rules and procedures must be as approved by a resolution of the city council following review and recommendation of the planning commission. They may include the administrative details of hearings (e.g., scheduling, rules of procedure and record keeping).

F.

Prepare administrative regulations for procedures for submission and review of applications subject to the requirements of the Zoning Code and Government Code Section 65950, Deadlines for Project Approval Conformance; Extensions.

G.

Review applications for permits and licenses for conformance with the Zoning Code and issue a zoning clearance when the proposed use, activity or building is allowed by right and conforms to all applicable development and use standards.

H.

Review applications for discretionary permits and approvals under the Zoning Code for conformance with applicable submission requirements and time limits.

I.

Review applications for discretionary permits and approvals to determine whether the application is exempt from review under the California Environmental Quality Act and the city's environmental review requirements and notify the applicant if any additional information is necessary to conduct the review.

J.

Approve, conditionally approve, modify or deny applications for minor and major use permits, modifications to conditions of approved use permits, and time extensions of use permits, pursuant to Chapter 16.606, Minor and Major Use Permits, and Temporary Use Permits, pursuant to Section 16.339.03, Temporary Use Permits.

K.

Decide requests for minor modifications to approved permits, pursuant to Chapter 16.602, Common Procedures.

L.

Decide proposals to revoke permits, pursuant to Chapter 16.602, Common Procedures, Section 16.602.13, Revocation of Permits, following a public hearing. Oversee Enforcement of the Zoning Code.

M.

Refer items to the planning commission where, in their opinion, the public interest would be better served by a planning commission public hearing and action.

N.

Process and make recommendations to the planning commission and city council on all applications, amendments, appeals and other matters upon which the council has the authority and the duty to act under the Zoning Code.

O.

Serve as secretary of the planning commission, architectural heritage and landmarks commission, and design review board.

P.

Delegate administrative functions as they so deem to members of the planning division.

Q.

Other duties and powers as may be assigned by the city council, the city manager or established by legislation.

The design review board is established and organized pursuant to the requirements of Section 402, Boards and Commissions of the City Charter. The powers and duties of the design review board are established by Chapter 2.59 of the Municipal Code, and include but are not limited to the following:

A.

Conduct public hearings for projects within the DMX (Downtown Mixed Use) Zoning District, which includes the Downtown Vallejo Specific Plan area.

B.

Conduct public hearings for projects within the WMX (Waterfront Mixed Use) Zoning District, and as specified in the Waterfront and Vallejo Station Project Planned Development Master Plan and accompanying waterfront design guidelines (collectively, the "waterfront PDMP/design guidelines") for the waterfront area (the "waterfront area") the disposition and development agreement (the "DDA") between the city of Vallejo and the developer of the waterfront area (the "developer"), and the development agreement between the city and the developer. Pursuant to the DDA, the developer is obligated to timely appeal decisions of the design review board regarding major projects, as determined by the director, to the city council.

C.

Hear and decide appeals of the director on decisions, determinations, or interpretations made in the enforcement of the Zoning Code and any other decisions that are subject to appeal, pursuant to Chapter 16.602, Common Procedures, Section 16.602.14, Appeals.

D.

Advise or make recommendations on the design of architecture, lighting, landscaping, site layout and signage of projects on a preliminary basis, as referred by the city council, planning commission, architectural heritage and landmarks commission, or director.

E.

Such other duties and powers as assigned or directed by the city council.

The architectural heritage and landmarks commission is established and organized pursuant to the requirements of Chapter 402, Boards and Commissions of the City Charter. The powers and duties of the architectural heritage and landmarks commission are established by Chapter 2.48 of the Municipal Code, and include but are not limited to the following:

A.

Approve, conditionally approve, modify or deny certificate of appropriateness permits, variances and exceptions for projects within the architectural heritage overlay districts, pursuant to Chapter 16.614, Architectural Heritage and Historic Preservation.

B.

Designate certain structures, sites, portions of structures, groups of structures, landscape elements, objects, works of art, or integrated combinations thereof as landmarks, pursuant to Chapter 16.614, Architectural Heritage and Historic Preservation.

C.

Conduct public hearings for certificate of appropriateness permits, variances, exceptions and landmark designations.

D.

Review decisions of the director on certificate of appropriateness permits to determine if a project will adversely affect the character of the historic district and if so, conduct a public hearing for the project.

E.

Hear and decide appeals of the director on certificate of appropriateness permits, pursuant to Chapter 16.602, Common Procedures, Section 16.602.14, Appeals.

F.

Undertake and complete one or more architectural heritage surveys. Upon completion of such survey(s), the commission shall undertake to establish and maintain a list of structures, objects and areas having a special historical, cultural, architectural or aesthetic interest or value. This list may include single structures or sites, portions of structures, groups of structures, man-made or natural landscape elements, objects, works of art, or integrated combinations thereof.

See Table 16.601-A: Permit Review Authority.

This chapter establishes procedures that are common to the application and processing of all permits and approvals provided for in the Zoning Code ("Applications") unless superseded by specific requirement of the Zoning Code or State law.

A.

Applicants. The following persons may file applications:

1.

The owner of the property or the owner's authorized agent with the owner's written consent verified by signature;

2.

A lessee, with a written lease signed by the property owner the term of which exceeds one year with written consent verified by owner signature; or

3.

An entity authorized to exercise the power of eminent domain.

B.

Application Forms and Materials.

1.

Supporting Materials. The director may require the submission of supporting materials describing the project in the application and sufficient information to permit the city to determine the level of environmental review required pursuant to the California Environmental Quality Act ("CEQA") and the city's environmental review guidelines.

2.

Availability of Materials. All material submitted becomes the property of the city, 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 to be established annually and published in the Master Fee Schedule.

3.

A complete application also requires submittal of a signed reimbursement agreement in a form approved by the planning director and city attorney to reimburse the city for processing costs of the application for such matters as environmental review documents, required technical studies and/or peer review of same, planning, engineering, legal and other consultants performing work on the applications.

C.

Application Fees.

1.

Schedule of Fees. The city council shall approve by resolution a Master Fee Schedule that establishes fees for permits, informational materials, penalties, copying, and other such items. Applications for permits shall be accompanied by the required fees. Payment of the fee is required in order for an application to be complete under the Permit Streamlining Act. No application shall be processed without payment of a fee unless a fee waiver has been approved subject to any applicable provision of the Vallejo Municipal Code.

2.

Multiple Applications. The city's processing fees are cumulative unless the Master Fee Schedule lists an alternate fee. For example, if an application for development review also includes a use permit, both fees shall be charged.

3.

Fee Waiver. No fee shall be required when the applicant is the city, or if it is waived under any other provision of the Vallejo Municipal Code.

4.

Refund of Fees. If an application is withdrawn prior to a decision, the applicant may be eligible to receive a refund of a portion of the fee. The director shall determine the amount of the refund based on the level of staff review conducted to date. No refund shall be made for any application that has been denied.

5.

Resubmittal of Withdrawn Application. An applicant may resubmit an application that has been withdrawn or deemed denied without prejudice because it was incomplete within two years of the original submission. The director shall determine whether the resubmitted application is the same or substantially similar to the previous application and whether it meets all existing standards and requirements. Resubmittal will require a new fee to cover the review of a resubmitted application including the actual cost of additional permits that may be required by the Zoning Code as of the resubmittal date. The resubmittal shall adhere to current code requirements.

A.

Indemnification Agreement.

1.

All applications described in this Zoning Code shall include the applicant agreeing to an indemnification agreement, as part of the application, to defend, indemnify, and hold harmless the city, any city board, commission or committee, and their respective officers, officials, appointees, agents, and employees (collectively, "City Indemnitees") from and against any claim, action, or proceeding (collectively referred to as "proceeding") brought against the city indemnitees to attack, set aside, void, or annul:

a.

Any approval of the application(s) by any city indemnitee; and/or

b.

An action taken to provide environmental clearance under the California Environmental Quality Act ("CEQA") by any city indemnitee.

The indemnification agreement shall be in a form acceptable to the city attorney and shall include, but not be limited to, damages, fees and/or costs awarded against the city, if any, and cost of suit, attorney's fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by the applicant, the city, and/or the parties initiating or bringing such proceeding. The agreement shall also include a provision obligating the applicant to indemnify the city for all of the city's costs, fees, and damages which the city incurs in enforcing the indemnification provisions of this section.

2.

Also at the time of submitting an application, the applicant shall agree, as part of the application, to defend, indemnify and hold harmless the city indemnitees, for all costs incurred in additional investigation of or study of, or for supplementing, redrafting, revising, or amending any document (such as an EIR, negative declaration, specific plan, or general plan amendment) if made necessary by said proceeding and if the applicant desires to pursue securing such approvals and/or clearances, after initiation of the proceeding, which are conditioned on the approval of these documents.

3.

In the event that a proceeding described in Subdivision A.1. or 2, above, or in Subsection B. below, is brought, the city shall promptly notify the applicant of the existence of the proceeding and the city will cooperate fully in the defense of the proceeding. Nothing in this section shall prohibit the city from participating in the defense of any proceeding.

4.

In the event that the applicant is required to defend the city in connection with any proceeding described in Subsection A above, or in Subsection B below, the city shall retain the right to:

a.

Choose and approve the counsel to so defend the city;

b.

Approve all significant decisions concerning the manner in which the defense is conducted; and

c.

Approve any and all settlements.

The city shall also have the right not to participate in the defense, except that the city agrees to cooperate with the applicant in the defense of the proceeding. If the city chooses to have counsel of its own defend any proceeding where the applicant has already retained counsel to defend the city in such matters, the fees and expenses of the counsel selected by the city shall be paid by the applicant.

5.

If at the time that this section becomes effective, an application for any of the approvals or clearances covered by this section has already been deemed complete, there shall be added as a condition to its approval or clearance the obligation of the applicant to indemnify the city in a form and with language substantially in conformance with Subsections A.1 through A.4 above.

B.

Indemnification Applicable Even if Applicant Fails or Refuses to Enter into Agreement. Even if the applicant fails or refuses to enter into the indemnification agreement specified in Subsections A.1 through A.4, that applicant and any successor in interest and the owner of the subject property if different from the applicant, whether in whole or part, shall, as a condition to any of the approvals:

1.

Defend, indemnify, and hold harmless the city, any city board, commission or committee, and their respective officers, officials, appointees, agents, and employees (collectively, "city indemnitees") from and against any claim, action, or proceeding (collectively referred to as "proceeding") brought against the city indemnitees to attack, set aside, void, or annul:

a.

Any approval of the application(s) by any city indemnitee; and/or

b.

An action taken to provide environmental clearance under the California Environmental Quality Act ("CEQA") by any city indemnitee.

This indemnification shall include, but not be limited to, damages, fees and/or costs awarded against the city, if any, and cost of suit, attorneys' fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by applicant, the city, and/or the parties initiating or bringing such proceeding.

2.

Defend, indemnify and hold harmless the city, its agents, officers, employees and attorneys for all costs incurred in additional investigation and/or study of, or for supplementing, preparing, redrafting, revising, or amending any document (such as a negative declaration, EIR, specific plan or general plan amendment), if made necessary by said proceeding and if applicant desires to pursue securing such approvals, after initiation of such proceeding, which are conditioned on the approval of such documents.

3.

Indemnify the city for all the city's costs, fees, and damages which the city incurs in enforcing the indemnification provisions set forth in this section.

Preliminary review is an optional review process intended to provide information on relevant general or specific plan policies, zoning regulations, and procedures related to projects that will be subject to discretionary approvals, including both legislative and quasi-judicial decisions, pursuant to the Zoning Code. This review is intended for large or complex projects and projects that are potentially controversial.

A.

Application Forms. The director shall prepare, and issue application forms and lists that specify the information that will be required from applicants for preliminary review. No application will be accepted for preliminary review without submission of materials that the director has determined necessary to conduct such review.

B.

Payment of Fee. No application will be accepted for preliminary review without payment of a fee specified in the Master Fee Schedule established by city council resolution.

C.

Permit Streamlining Act. Preliminary review is not subject to the requirements of the California Permit Streamlining Act (the Act). An application that is accepted for preliminary review shall not be considered complete pursuant to the requirements of the Act unless and until the director has received an application for approval of a development project pursuant to the Zoning Code and has reviewed the application and determined it to be complete in compliance with the requirements of Section 16.602.05, Application Review.

D.

Review Procedure. The planning division shall conduct preliminary review. The director may consult with or request review by any city agency or official with interest in the application.

E.

Recommendations Are Advisory. Neither the preliminary review nor the provision of information and/or pertinent policies shall be construed as a recommendation for approval or denial of the application by city representatives. Any recommendation that results from preliminary review shall be considered advisory only and shall not be binding on either the applicant or the city.

A.

Review Process. The director shall determine whether an application is complete within thirty calendar days of the date the application is filed consistent with the Permit Streamlining Act and the required fee. As part of the review to determine whether an application is complete, the director shall conduct a preliminary assessment of potential environmental issues to help the city decide if the project is subject to environmental review and, if so, which issues may require analysis.

B.

Incomplete Application. If an application is incomplete, the director 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 Ordinance Violations. An application shall not be found complete if conditions exist on the site in violation of the Zoning Code or any permit or other approval granted in compliance with the Zoning Code, unless the proposed project includes the correction of the violations.

2.

Appeal of Determination. Determinations of incompleteness are subject to the appeal provisions of Section 16.602.14, Appeals, except there shall be a final written determination on the appeal not later than sixty calendar days after receipt of the appeal. The fact that an appeal is permitted to both the planning commission and city council does not extend the sixty-day period.

3.

Submittal of Additional Information. The applicant shall provide the additional information specified in writing by the director. The written notification shall specify the deadline for submittal of the additional information, which must be no sooner than thirty calendar days. The director may grant one extension of up to ninety calendar days.

4.

Expiration of Application. If an applicant fails to correct the specified deficiencies within sixty calendar days from the date of the director's notification and has not requested an extension as provided for in Sub-section E of this chapter, the application shall expire and be deemed withdrawn. After the expiration of an application, project review shall require the submittal of a new, complete application along with all required fees.

5.

Abandoned Application. If an applicant fails to act on an application without formal notification to the director for more than six months, the application shall be deemed inactive and withdrawn and no fee shall be reimbursed for an abandoned application.

C.

Complete Application. When an application is determined to be complete the director shall make a record of that date. If an application requires a public hearing, the director shall schedule it and notify the applicant of the date and time.

D.

Additional Information. After an application is deemed complete, the director shall not subsequently request of an applicant any new information listed on the application form. The director may request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application in the course of processing the application. This request shall not invalidate the original determination that an application is complete and shall not result in a delay in processing the application. The director may request additional information needed to prepare adequate environmental documentation.

E.

Extensions. The director may, upon written request and for good cause, grant extensions up to two years for review of applications imposed by the Zoning Code in compliance with applicable provisions of state law.

Before approving any application subject to discretionary review under the Zoning Code, the requirements of the California Environmental Quality Act ("CEQA") (California Public Resources Code Section 21000 et seq.) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) must be met. The city adopts and incorporates by reference the State CEQA Guidelines as its environmental review procedures. An application subject to environmental review pursuant to CEQA shall not be considered complete until the applicant has submitted all studies and other documentation the director has deemed necessary to make an environmental determination together with all required fees, unless prohibited by state law. Environmental review shall be conducted pursuant to the State CEQA Guidelines unless otherwise stated in this chapter.

A.

Procedures. The city adopts and incorporates by reference the State CEQA Guidelines as its environmental review procedures.

B.

Appeals. Any person may appeal to the city council from the decision of a review authority to certify an environmental impact report, approve a negative declaration or mitigated negative declaration or determine that a project is not subject to Public Resources Code Section 21080 et seq. (California Environmental Quality Act) if that decision is not otherwise subject to further administrative review. Any such appeal must be filed in accordance with Section 16.602.12, Appeals within ten calendar days of the date that the decision is made. The appellant shall state the specific reasons for the appeal on an appeal form prepared by the city. The appeal must be accompanied by the required filing fee.

If the director elects to retain an independent consultant(s) in connection with any permit application or environmental review, the applicant shall pay the reasonable costs in connection with the services provided. Before the independent consultant(s) may perform any services, the applicant shall deposit with the city an amount equal to the estimated costs for the services to be rendered as determined by the director. If the deposit exceeds the total costs for consultant services, the director shall promptly return any unused funds after the applicant has received final city inspection or is denied by the city. If the reasonable costs for consultant services exceeds the deposit, the director shall invoice the applicant for the balance which shall be promptly paid by the applicant. The city shall not issue any construction or grading permit to any applicant with any unpaid deposit requests or invoices.

Unless otherwise specified, whenever the provisions of this Zoning Code require public notice, notification shall be provided in compliance with the requirements of state law and as follows.

A.

Mailed Notice. The director, or the city clerk for public hearings before the city council, shall provide a public notice as required below by first class mail delivery based on the following:

1.

Projects exempt from the California Environmental Quality Act (CEQA):

a.

At least fourteen calendar days before the date of the public hearing; or

b.

At least fourteen calendars days before the date of action by the director which does not require a public hearing.

2.

Projects subject to CEQA at least twenty-one calendar days before the date of the applicable review authority public hearing or date of action when no public hearing is required.

3.

Projects that propose changes to the Zoning Code text at least twenty-one calendar days before date of the public hearing.

4.

Notification list. Notification shall be provided to the following:

a.

The applicant, the owner, and/or the occupant of the subject property;

b.

All property owners of record as shown on the latest available county assessor or tax collector assessment role within a minimum three hundred-foot radius of the subject property for actions when no public hearing is required, and a minimum of five hundred feet of the subject property for actions when a public hearing is required, or a larger radius if deemed necessary by the director in order to provide adequate public notification.

c.

In lieu of the assessment roll, the records of the county assessor or tax collector, whichever contains more recent information than the assessment role, may be used;

d.

In the case of a large-scale, complex, or controversial project the director may require a one thousand-foot radius notice from the subject property;

e.

The Vallejo City Unified School District and any other local agency expected to provide water, wastewater treatment, streets, roads, schools, or other essential facilities or services to the project;

f.

The planning commission, architectural heritage and landmarks commission and design review board, as applicable, when a public hearing before the respective board or commission is required; and,

g.

The planning commission for projects subject to the director's decision;

h.

Any neighborhood organization within a three hundred-foot radius from the subject property for applications that require a director decision, or a neighborhood organization within a five hundred-foot radius from a subject property for applications that require a public hearing.

i.

Any person or group who has filed a written request for notice regarding the specific application and has paid any required fee that the city council has adopted to provide such service.

B.

Emailed Notice. On the same day that mailed notices are sent, an email with the notice shall be sent to:

1.

The planning commission, architectural heritage and landmarks commission and design review board, as applicable, when a public hearing before the respective board or commission is required; and,

2.

The planning commission for projects subject to the director's decision.

C.

Posted Notice. A notice of public hearing may be posted at a location visible to the public at the subject property. The notice shall include all of the information listed in subsection E below.

D.

Newspaper Notice. At least fourteen calendar days before the date of the public hearing or twenty-one days before the date of the public hearing for projects subject to CEQA, the director or the city clerk for hearings before the city council, shall provide notice by at least one publication in a newspaper of general circulation published in the city.

E.

Alternative Method for Large Mailings and Zoning Code Text Amendments, and Planned Developments. If the number of property owners to whom the notice would be mailed or delivered is greater than one thousand, or the notice is for a Zoning Code Text Amendment, or planned development, a mailed notice, is not required and the director or city clerk shall instead provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation at least fourteen days prior to the hearing.

F.

Contents of Notice. The notice shall include the following information:

1.

The location of the real property, if any, that is the subject of the application, assessor parcel number, and project number;

2.

A general description of the proposed project, including the size of the use or project and requested action;

3.

The date, time, location, and purpose of the public hearing or the date of action when no public hearing is required;

4.

The name of the hearing body or review authority, if applicable;

5.

The names of the applicant and the owner(s) of the property that is the subject of the application;

6.

The location and times at which the complete application and project file may be viewed by the public;

7.

A statement that any interested person or authorized agent may appear and be heard;

8.

A statement describing how to submit written comments;

9.

A vicinity and/or parcel map showing the project location;

10.

The proposed environmental determination;

11.

The appeal period and review authority for the appeal.

G.

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 such mailed notice.

H.

Community Meetings. In addition to providing public notice as state law and this chapter require, the director may require a neighborhood or community meeting to receive comments on any project that is anticipated to be of community concern due to potential environmental impacts or other significant planning concerns. The applicant shall be required to pay for the reasonable cost of conducting such a meeting including, but not limited to, mailing notices and facility costs.

Whenever the provisions of this Zoning Code require a public hearing, the hearing shall be conducted in compliance with the requirements of state law as follows:

A.

Generally. Hearings shall be conducted pursuant to procedures adopted by the hearing body. They do not have to be conducted according to technical rules relating to evidence and witnesses.

B.

Scheduling. Hearings shall be scheduled by the director.

C.

Presentation. An applicant or an applicant's representative may make a presentation of a proposed project.

D.

Public Hearing Testimony. Any person may appear at a public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization.

E.

Time Limits. The presiding officer may establish time limits for individual testimony and require that individuals with shared concerns select one or more spokespersons to present testimony on behalf of those individuals.

F.

Continuance of Public Hearing. The body conducting the public hearing may by motion continue the public hearing to a fixed date, time and place or may continue the item to an undetermined date and provide notice of the continued hearing or as provided below.

1.

Prior to Public Notice. An application may be withdrawn from a scheduled hearing at the written request of the applicant provided that the public notice of the meeting and the public hearing on the application has not been mailed or published. The application shall be rescheduled for a time agreed to by the applicant and the director if such extension is consistent with the requirements of state law and this section.

2.

After Public Notice. If public notification has been given, an application may be continued by the hearing body or the director or by written request of the applicant if there is a valid reason to justify the applicant's written request, which could not reasonably have been planned for or anticipated. the rescheduled public hearing shall be re-noticed in the original manner, and the applicant shall be subject to payment of a re-notification fee prior to the re-scheduled hearing.

g.

decision. the public hearing must be closed before a vote is taken.

a.

Scope. Approval shall only apply to those uses and activities actually proposed in the application and excludes 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, unless specified in the application.

b.

Conditions of Approval. The site plan, floor plans, building elevations and/or any additional information or representations, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process shall be deemed conditions of approval. Any approval may be subject to requirements that the applicant guarantees, warranties or ensures e compliance with the 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 the zoning code or require additional permits, then the approval shall be deemed null and void.

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.

A final decision on an application for any discretionary approval subject to appeal shall become effective after the expiration of ten calendar days following the date of action, unless an appeal is filed. No building permit or business license shall be issued until the 11th day following the date of the action. If a different termination date is fixed at the time of granting, or if actual construction or alteration has begun under valid building permits, the ten-day, period may be waived.

A.

Expiration. The review authority, in the granting of any permit, may specify a time, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare, within which the proposed use must be undertaken and actively and continuously pursued. If no time period is specified, any permit granted under the Zoning Code shall automatically expire if it is not exercised or extended within the time limits listed below:

1.

Permits for Affordable Housing and Mixed-Use Projects. Three years of the effective date, for affordable housing or mixed-use projects where housing units comprise at least seventy-five percent of the floor area of the project, and the housing project has received city, state or federal funding or is comprised of units at least fifty percent of which are deed-restricted to be affordable to low income households and the remainder of which are deed-restricted to be affordable to low or moderate income households.

2.

All Other Permits. Two years of the effective date.

B.

Exercise of Rights. A permit for the use of a building or a property is exercised when, if required, a valid city business license has been issued, and the permitted use has commenced on the site unless the permit is granted in conjunction with approval of new construction.

1.

New Construction. If a permit is granted in conjunction with approval of new construction, issuance of a building permit shall constitute exercise of rights; provided, however, that, unless otherwise specified as a condition of project approval, the permit shall expire if:

a.

The Building Permit expires;

b.

Final inspection is not completed, or certificate of occupancy issued within the time specified as a condition of project approval; or

c.

The rights granted under the permit are not exercised within one year following the earliest to occur of the following: issuance of a certificate of occupancy; or if no certificate of occupancy is required, the last required final inspection for the new construction.

C.

Extensions.

1.

First Time Extension. The director may approve a one-year extension of any permit or approval granted for a residential or non-residential project under the Zoning Code upon receipt of a written application and fees received fifteen calendar days before the expiration date with the required fee prior to expiration of the permit.

2.

Other Extensions. The director may approve a further extension of an additional one year on any permit or approval granted under the Zoning Code upon receipt of a written application with the required fee at least fifteen calendar days prior to expiration of the permit (for a total of two twelve-month extensions per entitlement).

3.

Application:

a.

Applications for an extension must be filed and processed in compliance with the requirements in Section 16.602.02, Application Forms and Fees, and shall be subject to a fee established by the Master Fee Schedule.

b.

The director may grant an extension request for good cause, and may consider in this review the reason for the extension, the extent to which the project is consistent with current development standards and policies, whether the project is consistent in principal with the goals, objectives, policies, land uses, and programs specified in the adopted general plan at the time of extension request, conditions surrounding the project site and whether the project will adversely affect the environment, public health, safety and general welfare.

D.

Changes to an Approved Permit. No change in the use or structure for which a permit or other approval has been issued is permitted unless the permit is modified as provided for in the Zoning Code. For the purpose of this chapter, the modification of a permit may include minor modification of a development review approval that is in substantial compliance as determined by the director.

E.

Application for Changes to An Approved Permit. Applications for changes to an approved permit must be filed and processed in compliance with the requirements in Section 16.602.02, Application Forms and Fees, and shall be subject to a fee established by the Master Fee Schedule.

1.

Minor Modifications. The director may approve minor changes to approved plans that are consistent with the original findings and conditions approved by the hearing body and would not intensify any potentially detrimental effects of the project.

2.

Major Modifications. A request for changes in conditions of approval of a discretionary permit or a change in an approved site plan or building plan that would affect the findings adopted as a basis for project approval shall be treated as a new application, except that the director may approve changes that he or she determines to be minor.

F.

Review by Original Review Authority. A request for major changes to an approved site plan or building plan that will not affect the findings adopted as a basis for project approval, but are still considered substantial, shall be forwarded to the original review authority for the discretionary permit for review and approval.

Any permit granted under the Zoning Code may be revoked or modified for cause if any of the conditions or terms of the permit are violated or if any law or ordinance is violated, pursuant to Section 16.615.05 Revocation of Permits.

A.

Applicability. Any action by the director, planning commission, architectural heritage and landmarks commission, or design review board in the administration or enforcement of the provisions of the Zoning Code, in accordance with Table 16.601-A: Permit Review Authority, may be appealed as provided in this chapter.

1.

Appeals of Director Decisions. Decisions of the director may be appealed to the planning commission, architectural heritage and landmarks commission or design review board by filing a written appeal with the planning division.

2.

Appeals of Planning Commission Architectural Heritage and Landmarks Commission, or Design Review Board Decisions. Original decisions of the planning commission, architectural heritage and landmarks commission and design review board may be appealed to the city council by filing a written appeal with the city clerk.

3.

Multiple Actions. In the event an appeal is filed regarding a decision on one of multiple permits or city approvals concurrently granted for a single project (for example, the approval of a use permit is appealed on a project for which a negative declaration was approved at the same time), all concurrently granted determinations, findings city permits and approvals for the project shall be automatically appealed, and shall be considered and acted upon in compliance with this chapter.

B.

Rights of Appeal. Appeals may be filed by the applicant, by the owner of property, or by any other person aggrieved by a decision that is subject to appeal under the provisions of the Zoning Code.

1.

The appeal shall clearly and concisely set forth the grounds upon which the appeal if based. Fees for the appeal established by Master Fee Schedule shall be paid by the appellant.

2.

For ministerial determinations including, but not limited to, zoning compliance, the grounds for the appeal shall be based on factual information demonstrating whether application meets specific standards applicable to the project.

C.

Time Limits. Unless otherwise specified in state or federal law, all appeals shall be filed in writing within ten calendar days of the date of the action, decision, motion, or resolution is taken or seven calendar days in the case of temporary use permits. 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.

D.

Procedures.

1.

If a timely appeal is made by the applicant, the city clerk shall forward a copy of the written appeal to the director. If the appeal is made by someone other than the applicant, the clerk shall forward a copy of the written appeal to the applicant and a copy to the director.

2.

Proceedings Stayed by Appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of city building permits and business licenses.

3.

Transmission of Record. The director shall schedule the appeal for consideration by the authorized hearing body within forty-five calendar days of the date the appeal is filed. The director shall forward the appeal, the staff report and resolution, and all other documents that constitute the record to the hearing body. The director shall also prepare a staff report that responds to the issues raised by the appeal and may include a recommendation for action.

E.

Calls for Review. A member of the city council may call for review of a decision of the director, planning commission, architectural heritage and landmarks commission or design review board within the appeal period. The call for review shall be processed in the same manner as an appeal by any other person. Such action shall stay all proceedings in the same manner as the filing of an appeal. Such action shall not require any statement of reasons and shall not represent opposition to or support of an application or appeal.

F.

Public Notice and Hearing. Public notice shall be provided, and the hearing conducted by the applicable appeal body pursuant to Chapter 16.602, Common Procedures. Notice of the hearing shall also be given to the applicant and party filing the appeal and any other interested person who has filed with the director a written request for such notice. In the case of an appeal of a planning commission, architectural heritage and landmarks commission or design review board decision, notice of such appeal shall also be given to the planning commission, architectural heritage and landmarks commission or design review board, who may be represented at the hearing.

1.

After opening the public hearing on an appeal, the appeal body may take one of the following actions:

a.

Continue the public hearing;

b.

Based on the record of the appeal review authority's consideration and hearing, reverse or affirm, wholly or partly, or modify any decision, determination, condition or requirement of the director's, commission's or the board's original action; or

c.

Remand the matter to the commission or board to reconsider the application or any revisions submitted after the commission's, or board's action, in which case the appeal review authority shall specify whether or not the commission or board shall hold a new public hearing, and which issues the commission or board is directed to reconsider.

G.

Standards of Review. When reviewing any decision on appeal, the appeal body shall use the same standards for review 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.

H.

Action. An action by the commission, board or the council to grant an appeal shall require a majority vote of the hearing body members. A tie vote shall have the effect of rejecting the appeal.

Whenever the director finds that the decision on any application is beyond his or her purview of authority, the application shall be forwarded to the planning commission, design review board, architectural heritage and landmarks commission or city council for determination depending on the highest level of review authority.

These provisions establish procedures to conduct a zoning compliance review for verification of compliance with applicable requirements outlined in this code, for each new or expanded use or structure.

Zoning compliance review is required for buildings or structures erected, constructed, altered, repaired or moved, the use of vacant land, changes in the character of the use of land or building, or for substantial expansions in the use of land or building that are allowed as a matter of right by the Zoning Code. Before the city may issue any approval, the director must review the application to ensure that all conditions, if applicable have been satisfied. Zoning compliance review replaces the administrative permit process, based on the director's determination.

A.

Application. An application for zoning compliance review must be filed and processed in accordance with the provisions of this chapter.

B.

Determination. The director must review the application to determine whether the proposed use or construction is allowed by right, requires further review of compliance with standards as prescribed in the Zoning Code or any type of discretionary permit, is allowed pursuant to any previously approved permit, or is prohibited. If the director determines that the proposal conforms to the requirements of the Zoning Code and any applicable specific plan or planned development or other applicable plans, a zoning compliance certificate will be issued. If the director determines that the proposal does not conform to the requirements of the Zoning Code or any applicable specific plan or planned development, a zoning compliance certificate will not be issued, and the applicant will be advised as to how the proposal can be brought into compliance.

C.

Public Notice. A public notice, as provided in Chapter 1.602.08 Noticing, for Zoning Compliance Review shall not be required unless deemed necessary by the director.

D.

Appeals. The director's determination may be appealed to the planning commission in accordance with Chapter 16.602, Common Procedures, Section 16.602.14, Appeals.

These provisions establish objectives, standards, and procedures for conducting design review through the development review application process under Chapter 16.605, Development Review. They preserve and enhance the character of Vallejo's existing neighborhoods. More specifically, to:

A.

Establish regulations for an objective process that applies urban design principles to ensure that new construction supports the best of the city's architectural traditions;

B.

Encourage new structures that show creativity and imagination, add distinction, interest, and variety to the community, and are environmentally sustainable;

C.

Promote architectural and design excellence in new construction and discourage poor quality development;

D.

Ensure that future development should:

1.

Reflect the values of the community;

2.

Enhance the surrounding environment;

3.

Visually harmonize with its surroundings and not unnecessarily obstruct scenic views; and

4.

Avoid nostalgic misrepresentations that may confuse the relationships among structures over time.

E.

Ensure that decisions on housing development projects are based on objective design standards as required by the State Housing Accountability Act (Government Code Section 65589.5);

F.

Provide for new landscaping to create a visually pleasing setting for structures on the site;

G.

Promote the protection and retention of landmark, native, and specimen trees and if feasible mature canopy trees and other significant landscaping of aesthetic and environmental value;

H.

Ensure that the design, quality, and location of signs are consistent with the character and scale of the structures to which they are attached and are visually harmonious with surrounding development; and

I.

Promote the conservation, enhancement, preservation, and protection of historic resources.

Design Review is required for the following projects:

J.

Applicability.

1.

New residential development that consists of two or more units.

2.

New non-residential development that consists of five thousand square feet of more.

K.

Responsibility. Responsibility for design review is specified in Table 16.601-A. However, the design review board or the planning commission may delegate any review and approval functions to the director and the director may delegate director review to the design review board or planning commission as appropriate.

1.

Residential Projects.

a.

Two—Ten units - Director decision

b.

Eleven—Forty-nine units - Design review board recommendation to director

c.

Fifty or More units - Design review board recommendation to planning commission

2.

Non-Residential Projects.

a.

Structures or buildings up to five thousand s.f. - Director decision

b.

Structures or buildings more than five thousand s.f. - Design review board decision

L.

Exemptions. The following projects are exempt from the requirements of this chapter:

1.

The construction or alteration of a single-unit dwelling or residential accessory structure on a pre-existing lot, unless it is a single-unit dwelling within a planned development (PD) district, or within the boundaries of the DMX Zoning District (Downtown Vallejo Specific Plan) or WMX Zoning District (Waterfront Planned Development Master Plan);

2.

Alterations, additions, and repairs that do not change the exterior appearance of a structure, including replacement in kind of existing features. To be considered "replacement in kind," the features must reasonably match the design, profile, material, and general appearance of the originals.

3.

Changes in the color or finish of building exteriors when the original colors or finishes were not subject to approval by the design review board;

4.

Accessory dwelling units complying with the development standards of Chapter 16.303, Accessory Dwelling Units;

5.

Interior features and interior alterations unless they materially affect a structure's appearance from the public right-of-way;

6.

After notice to the director, demolition or removal of either:

a.

Structures declared to be unsafe by the building official or the city council. "Unsafe structures" means structures found by the chief building official or the city council, to require immediate issuance of a demolition permit to protect the public health and safety; or

b.

Structures declared to be a public nuisance by the chief building official or city council that are not designated historic properties or potentially designated historic properties.

7.

Surface parking lots.

A.

Design review shall concentrate on those exterior portions of the structure and related features that are in full or partial view from the public right-of-way. Design review may also consider interior courtyards and building elevations out of public view in order to improve the visual relationship between new construction and its surroundings, to create more open views and improved access to light and air, and to ensure that predominant architectural and landscaping treatments are appropriately incorporated into the secondary elevations and open space of the structure.

B.

When conducting design review, the director or the design review board shall consider the applicable design and development standards of this Zoning Code, adopted objective design standards for residential development, adopted design guidelines for non-residential development, and applicable specific plans and planned developments with respect to:

1.

Building articulation, facade treatment and architectural details.

2.

Exterior colors and materials.

3.

Character defining features and the relation to existing settings.

4.

Design of fences, walls, and screen plantings, including but not limited to height of those structures, materials, colors, and type.

5.

Location and type of landscaping including selection and size of plant materials and design of hardscape including landscape lighting.

6.

The size, location, design, color, number, lighting, and materials of signs.

7.

Design of the streetscape, including but not limited to landscaping, furniture and materials.

8.

Pedestrian connectivity and circulation.

C.

Changes in a project required as a condition of design review approval may include density, height, open space, parking or loading, and sign requirements, as long as the conditions are not more restrictive than those prescribed by applicable zoning district regulations or a valid Zoning Compliance determination, major or minor use permit, exception, development agreement, planned development, variance, or other legislative or zoning entitlements.

D.

Design review for projects proposing new and amended planned developments shall be limited to recommendations to the planning commission and city council on aesthetic and urban design issues related to architecture, landscaping, site plan, and related aesthetic issues, as well as historic preservation. Additionally, recommendations regarding the future scope of design review for the proposed project, and comments and analysis on the aesthetic/cultural resources of an associated draft environmental study are appropriate.

E.

Design review may require appropriate site plan revisions (e.g., different arrangements of open space), as well as revisions to the proposed building massing and transitions in scale of the structure(s), especially in historic districts to achieve greater compatibility between new construction and existing historic resources.

A.

Application requirements. Design review when required shall be conducted as part of development review pursuant to Chapter 16.605, Development Review or as part of a discretionary application.

B.

Required findings. The director or the design review board shall approve, conditionally approve or deny, or make recommendations to the planning commission for final design review approval after finding that the application:

1.

Is consistent with the purposes of this chapter, the design policies of the general plan and any applicable specific plan, any adopted applicable design guidelines;

2.

Is consistent with any planning are zoning approvals by the director or the planning commission;

3.

Complies with any other relevant city policies or regulations; and

4.

Meets the following criteria:

a.

The aesthetic design, including its exterior design and landscaping, is appropriate to the function of the project and will provide an attractive and comfortable environment for occupants, visitors, and the general community.

b.

Project details, colors, materials, and landscaping are fully integrated with one another and used in a manner that is visually consistent with the proposed architectural design.

c.

The project has been designed with consideration of neighboring development.

d.

The project contributes to the creation of an attractive and visually interesting built environment that includes well-articulated structures that present varied building facades, rooflines, and building heights and encourages increased pedestrian activity and transit use.

e.

Street frontages are attractive and interesting for pedestrians, address the street and provide for greater safety by allowing for surveillance of the street by people inside buildings and elsewhere.

f.

The proposed design is compatible with the historical or visual character of any area recognized by the city as having such character.

g.

The aesthetic design preserves significant public views and vistas from public streets and open spaces and enhances them by providing areas for pedestrian activity.

h.

The proposed landscaping plan is suitable for the type of project and will improve the appearance of the community by enhancing the building, minimizing hardscape and softening walls; and the landscape plan incorporates plant materials that are drought-tolerant, will minimize water usage, and are compatible with Vallejo's climate.

i.

The project has been designed to be energy efficient including, but not limited to, landscape design and green or eco-friendly design and materials.

j.

The project design protects and integrates natural features including creeks, open space, significant vegetation, and geologic features.

c.

Conditions. In granting final design review approval for a project that meets all of the applicable standards and requirements of the Zoning Code, standards, and applicable design guidelines, the director or design review board, in accordance with Table 16.601-A: Permit Review Authority, may impose final architectural or other design conditions reasonably related to the application and deemed necessary to achieve the purposes of this chapter. Such conditions may not overlap with or impose more restrictive requirements than those provided for under planning commission land use authority pursuant to state law, the Vallejo Municipal Code, Zoning Ordinance, and any other adopted plans, policies, permits or regulations.

D.

Final Site Plan and Building Permit Review. No building or grading permit shall be issued for any project for which design review is required until the applicant submits, and the city approves final building permit plans showing any changes required as a condition of design Review approval.