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.

Development review is a discretionary process that may also include design review. These standards and procedures for conducting site review of development proposals are intended to:

A.

Promote excellence in design that will enhance the attractiveness of the city's districts and neighborhoods by being compatible with the best elements of the existing character of the area to provide a pleasing environment for residents, pedestrians, and building occupants;

B.

Support site development practices that are appropriate with respect to the site's solar orientation, drainage patterns, existing trees and landscaped areas and the location, size and massing of existing structures adjacent to the subject property;

C.

Supplement other city regulations and standards in order to ensure that exterior design features that are not otherwise addressed but have a bearing on land use compatibility and neighborhood fit are considered during the development review and approval process.

D.

Exceptions. Development review is required for all permits for new construction, reconstruction, rehabilitation alteration, or other improvements to the exterior of a structure, development site or parking area except for:

1.

Replacement in kind;

2.

Parking lots providing fewer than ten parking spaces which do not substantially change from existing design;

3.

Decks that do not exceed four feet in height at any point excluding railings;

4.

The relocation or movement of any non-residential building or accessory structure under five hundred square feet in area to another lot or a new location less than one hundred feet or more from the existing location;

5.

Residential additions less than five hundred square feet in area and less than fourteen feet in height including, but not limited to, minor window, door, and roof modifications except for additional stories to an existing building and as long as no more than one addition is exempted in any twenty-four-month period;

6.

Additions of any size or repairs that do not affect any street-facing facade or add stories to existing buildings;

7.

Accessory structures less than five hundred square feet in area and less than fourteen in height;

8.

Additions or improvements to industrial, commercial and mixed-use structures that are less than one thousand square feet in area and are not adjacent to a R Zoning District;

9.

Accessory dwelling units in compliance with state standards;

10.

Residential solar panels located on roofs or in a rear yard;

11.

Temporary structures;

12.

Exterior alterations required by state or federal law or other public agencies;

13.

Any other buildings, structures, and improvements requiring a building permit that the director finds in compliance with all applicable standards of the Zoning Code when the exterior of any existing improvement will not be significantly altered;

The final determination shall be made by the director. The city council may, by resolution, direct such development review within specified areas of the city, if the exterior is to be significantly altered.

A.

Application for Development Review.

1.

Applications for Development Review 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.

2.

Applications for Development Review approval shall include such information as may be required in submission requirements issued by the director and available from the planning division, which may include, but is not limited to, site plans, floor plans, building sections perpendicular to the street, exterior elevations, photographs of the subject or abutting properties, perspective or axonometric drawings and/or a model, description of building materials, material and/color samples, exterior lighting and fence plans, signage details and locations, and landscape and irrigation plans and any other items as stated in a current checklist maintained by the city.

1.

When a development project requires a use permit, variance, or any other discretionary approval, the development review application shall be submitted to the planning division as part of the application for the use permit, variance, or other discretionary approval development review decisions shall be made by the review authority for the use permit, variance or any other discretionary permit.

3.

Applications for development review within a specific plan area or a planned development zoning district replaces the unit plan process. The application shall describe the specific design and uses for all or part of the project as proposed conceptually in the adopted planned development, and provide at minimum the following:

a.

Site Plan

b.

Roof plan of building

c.

Location of all existing and proposed structures

d.

Location of existing trees or natural attributes

e.

Location of off-street parking and loading facilities

f.

Location and dimensions of street and highway dedications

g.

Location of points of entry and exits for vehicles and internal circulation patterns

h.

Location of walls and fences and the indication of their height and material of construction

i.

Exterior lighting standards and devices

j.

Grading and slopes where they affect the relationship of the buildings with cross-sections, amount of cut and fill and a statement of whether or not there will be balanced grading plan

k.

Location of all utilities and related easements.

l.

Architectural Plans.

i.

Plan to scale;

ii.

Four elevations and cross-sections including all sides of development;

iii.

Architectural drawings indicating location, size, color and shape of all appurtenances visible from the exterior, including, but not limited to, signs, stairs, ramps, storage areas, solid waste storage area, utility lines, meter boxes, transformers, mechanical equipment, awnings, balconies, towers and antennas;

iv.

Perspectives or other suitable graphic materials, if required by the planning division; and

v.

Colors and materials of exterior surfaces, including samples when requested.

4.

Landscaping plans showing number, size, spacing and names of plant materials including planting and irrigation specifications pursuant to Chapter 16.504, Landscaping.

5.

Signage plans.

6.

Identification of type and location of all proposed uses.

B.

Notification. Notice shall be provided in compliance with the requirements of Chapter 16.602, Common Procedures, Section 16.602.08, Noticing. When a development proposal subject to development review approval requires a use permit, variance, or an amendment of the Zoning Code, the notice for such approvals shall also state that the project is subject to development review.

C.

Scope of Review. The development review process shall focus on issues of site and building design and shall not address land use issues, which are considered separately. Development review approval may not be used to require a reduction in density, height or floor area or an increase in setbacks or parking that is different from the standards that are required by the Zoning Code or have been imposed by a discretionary approval including but not limited to a major or minor use permit, variance, specific plan, planned development, or tentative map applicable to the project or the location where it is proposed.

D.

Concurrent Review. When a development proposal subject to development review requires a major or minor use permit, variance, or an amendment to the Zoning Code or a specific plan, development review shall be conducted concurrently with any review the use permit, variance or amendment application requires pursuant to this code.

E.

Referral to the Design Review Board. The director or planning commission may refer development review applications to the design review board for review and comment if such referral seems appropriate.

F.

Notification of Approval or Denial. Upon making a determination, the director shall prepare and send one copy of the staff report to the applicant, and one copy of the staff report shall be made available at no cost to each of the identified neighborhood groups within three hundred feet of the subject property at city hall. Any other person or group requesting a copy of the staff report shall be charged the city's current per page copying cost.

Prior to granting a development review approval, the director, planning commission, or design review board shall find that the proposed development:

1.

Complies with all applicable specific standards and criteria of this Zoning Code;

2.

Is consistent with the general plan and any applicable approved specific plan or planned development;

3.

Complies with any design conditions, standards, or requirements imposed by a discretionary approval including but not limited to a major or minor use permit, variance, specific plan, planned development, or tentative map applicable to the project or the location where it is proposed;

4.

Is in substantial compliance with any applicable adopted design guidelines;

5.

Will serve to achieve groupings of structures that are well related one to another and which, taken together, will result in a well-composed urban design, with consideration given to site, height, arrangement, texture, material, color and appurtenances, the relation of these factors to other structures in the immediate area, and the relation of the development to the total setting as seen from key points in the surrounding area; only elements of design which have some significant relationship to outside appearance shall be considered;

6.

Will be of a quality and demonstrates thoughtful site planning that will serve to protect the value of private and public investments in the area; and

7.

That the project has been reviewed in compliance with the California Environmental Quality Act, if applicable, and the requirements of this chapter.

The director, planning commission or design review board may impose reasonable conditions related to the design impacts of the proposed development review approvals. Such conditions must be consistent with the considerations of this chapter and deemed reasonable and necessary under the circumstances to carry out the intent of this chapter.

A.

Appeals. Development review approvals for projects that do not require a use permit, variance, or other final action by the director or planning commission may be appealed to the planning commission and design review board in accordance with Table 16.601-A: Permit Review Authority, as provided for in Chapter 16.602, Common Procedures, Section 16.602.14, Appeals.

B.

Expirations, Extensions and Modifications. Development review approvals are effective and may only be extended or modified as provided for in Chapter 16.602, Common Procedures, Sections 16.602.12, Expiration and Extension.

C.

Revocation. A development review permit may be revoked as provided for Chapter 16.615, Enforcement and Abatement.

No building permit, license, certificate or other approval or entitlement shall be issued or given by the city or any department or employee thereof with respect to any improvement subject to development review approval until the design of the improvement has been approved as provided in this chapter. No certificate of use and occupancy or similar approval shall be issued or given for any improvement subject to development review approval under this chapter unless and until the director has certified that the improvement has been completed in accordance with the design approved pursuant to this chapter.

Nothing in this chapter shall be construed to exempt any application from compliance with any requirement of any other provision of this Zoning Code or any other ordinance of this city, or to amend any such other ordinance unless so stated in the code codified in this chapter.

These regulations establish procedures intended to allow for review of uses that are generally consistent with the purposes of the zoning district where they are proposed but may require special consideration to ensure they can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of surrounding properties. Although these uses have been found not inherently detrimental, in certain circumstances they may require an additional level of review and need a higher threshold of approval as provided for in this Zoning Code to prevent adverse impacts to the areas where they are located. Approval of a minor conditional use permit or major conditional use permit, referenced in this Zoning Code as "Minor Use Permit" and "Major Use Permit", is required for such uses or projects pursuant to Part II, Districts and Development Standards, Part III, Use Standards and other provisions of the Zoning Code. Such uses include, but are not limited to, the construction of buildings or structures, the use of vacant land, changes in the character of the use of land or building, or substantial expansion in the use of land or buildings.

A.

Minor Use Permit. The director shall review, approve, conditionally approve, or deny an application for a minor use permit based on consideration of the requirements of this chapter. The director may, at his/her discretion, refer any application for a minor use permit for a project the director determines may generate substantial public controversy or involve significant land use policy decisions to the planning commission for a decision. In that case, the application must be processed as a major use permit.

B.

Major Use Permit. The planning commission shall review, approve, conditionally approve, or deny an application for a major use permit based on consideration of the requirements of this chapter.

C.

Application requirements.

1.

Applications and fees for minor and major use permits shall be submitted in accordance with the provisions set forth in Chapter 16.602, Section 16.602.02, Application Forms and Fees. In addition to any other application requirements, the application shall include data or other evidence in support of the applicable findings required by Section 16.606.03, Required Findings, below.

2.

In addition, any applicant for a minor or major use permit to sell alcohol shall complete and submit a questionnaire available from the planning division. Information provided in the questionnaire shall be included in the public notice.

D.

Public notice and hearing.

1.

All applications for a minor use permit shall require public notice of the director's proposed action and the deadline for filing an appeal pursuant to the requirements of Chapter 16.602, Common Procedures, Section 16.602.14, Appeals. If an appeal is filed with the director, a hearing shall be scheduled before the planning commission in the same manner as an application for a major use permit.

2.

All applications for a major use permit shall require a public notice and hearing before the planning commission pursuant to Chapter 16.602, Common Procedures.

A minor or major use permit shall only be granted if the review authority determines that the project, as submitted or modified, and subject to any conditions imposed, meets all of the following criteria. The inability to make one or more of the findings is grounds for denial of an application.

A.

The proposed use is conditionally allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and all other titles of the Vallejo Municipal Code;

B.

The proposed use is consistent with the general plan and any applicable specific plan or planned development and any other applicable plans;

C.

The subject parcel is physically suitable for the type of land use being proposed;

D.

The proposed use is compatible with existing and permissible land uses within the zoning district and the general area in which the proposed use is to be located which may include but not be limited to size, intensity, hours of operation, number of employees, or the nature of the operation;

E.

The physical location or placement of the use on the site is compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood;

F.

The proposed use and related project features will not create any nuisances arising from the emission of odor, dust, gas, noise, vibration, smoke, heat or glare at a level exceeding ambient conditions and would not otherwise be detrimental to the public interest, health, safety, or general welfare; and

G.

The project has been reviewed in compliance with the California Environmental Quality Act, if applicable, and the requirements of this chapter.

In granting a minor or major use permit, the review authority or the appeal body as described in Table 16.601-A, Summary of Review Authorities for Decisions and Appeals shall require that the use and development of the property conform with a site plan, architectural drawings, or statements submitted in support of the application, or in such modifications as may be deemed necessary to protect the public health, safety, and general welfare and secure the objectives of the general plan and this Zoning Code. The review authority may also impose other conditions deemed necessary to achieve these purposes and to support the findings of approval. Such conditions shall be related to and proportionate to what is being requested by the applicant. The review authority may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

A.

Appeals. A decision on a use permit may be appealed in accordance with Chapter 16.602, Common Procedures, Section 16.602.14, Appeals.

B.

Expiration, Extensions and Modifications. Use permits are effective and may only be extended or modified as provided for in Chapter 16.602, Common Procedures, Section 16.602.12, Expiration and Extension.

C.

Revocations. A use permit may be revoked pursuant to Chapter 16.615, Enforcement and Abatement.

This chapter establishes procedures for approval or disapproval of variance applications. Variances from the terms of the Zoning Code may be granted only when, because of special circumstances applicable to the property, including but not limited to size, shape, topography, and location surroundings, the strict application of the requirements would deprive such property of privileges enjoyed by other property in the vicinity and under identical zoning district.

A.

Variances may be granted to vary or modify dimensional and performance standards but shall not be granted to allow uses or activities that this Zoning Code does not authorize for a specific lot or site.

B.

A Variance may be granted from parking and/or open space requirements as set forth in Government Code Sections 65906.5 and 65911, respectively.

A.

Review Authority. The planning commission, architectural heritage and landmarks commission, in accordance with Table 16.601-A: Permit Review Authority, or city council on appeal must approve, conditionally approve, or deny an application for a variance, in accordance with Table 16.601-A: Permit Review Authority, based on consideration of the requirements of this chapter.

B.

Application Requirements. Application for any variance permissible under the provisions of this chapter shall be filed with the planning division on the prescribed application forms in accordance with the procedures in Chapter 16.602, Common Procedures. In addition to any other application requirements, the application must include the following:

1.

Data or other evidence showing that the requested variance conforms to the findings required by Section 16.607.03 Required Findings.

2.

A list of the names of all persons having an interest in the application as well as the names of all persons having any ownership interest in any property involved;

C.

Public Notice and Hearing. All applications for a variance shall require a public notice and hearing before the planning commission pursuant to Chapter 16.602, Common Procedures.

The planning commission or architectural heritage and landmarks commission, in accordance with Table 16.601-A: Permit Review Authority or city council on appeal, shall grant the requested variance in whole or in part, conditionally or unconditionally, only if from the facts presented with the application or at the public hearing, or determined by investigation, the following conditions are found:

A.

That a hardship peculiar to the property and not created by any act of the owner exists. In this context, personal, family or financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance. Further, a previous variance can never set a precedent, for each case must be considered only on its individual merits;

B.

That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other conforming property in the same vicinity and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors;

C.

That the granting of the variance will not be materially detrimental to the public health, safety or welfare or will not impair an adequate supply of light and air to adjacent property;

D.

That the conditions upon which the requested variance is based would not be applicable, generally, to other property within the same zoning classification;

E.

That either the variance is so insignificant that granting it will not be incompatible with the general plan; or the potentially adverse effects of the variance on said plan, which would be avoided by denying the variance, are exceeded by the individual hardship which would be relieved by granting the variance; and

F.

The project has been reviewed in compliance with the California Environmental Quality Act, if applicable, and the requirements of this chapter.

No application for any variance shall be accepted nor any hearings held thereon when any application for the variance has been previously denied, until a period of six months has elapsed from the date of the final denial of the application by properly constituted body having final jurisdiction in the matter.

A.

Appeals. A decision on a variance may be appealed in accordance with Chapter 16.602, Common Procedures, Section 16.602.14, Appeals.

B.

Expiration, Extensions and Modifications. Variances are effective and may only be extended or modified as provided for in Chapter 16.602, Common Procedures, Section 16.602.12, Expiration and Extension.

C.

Revocations. A variance may be revoked pursuant to Chapter 16.615, Enforcement and Abatement.

This chapter provides alternate means of relief from the Zoning Code's requirements, when so doing is consistent with the Code's objectives and not possible to grant a variance. Complying with; the Federal Fair Housing Act, the Americans with Disabilities Act, the Religious Land Use and Institutionalized Persons Act, and the California Fair Employment and Housing Act, to provide reasonable accommodation for protected uses and persons with disabilities.

The director may grant relief from the dimensional requirements specified in the Zoning Code, not to exceed twenty-five percent of the requirement. The director also may grant an exception that exceeds twenty-five percent where necessary to comply with the reasonable accommodation provisions of state and/or federal law. Exceptions may be granted for:

A.

Setbacks. Up to twenty-five percent of front, side, and rear yard setback standards.

B.

Build-to Lines. Up to twenty-five percent of the standards for building facade location.

C.

Parking. Up to twenty-five percent of the dimensional standards for parking spaces, aisles, driveways, landscaping, garages on sloping lots, and parking facility design.

D.

Fences. Up to twenty-five percent of the standards for the maximum height and location of fences.

E.

Lot Coverage. Up to twenty-five percent of the maximum amount of lot coverage.

F.

Height. Up to twenty-five percent or two feet above the maximum building height or other height limitations, whichever is less.

G.

Landscaping. Up to twenty-five percent of the required landscaping.

H.

Other Standards. Up to twenty-five percent of other development standards not listed in Section 16.608.02, Exclusions, below.

Exceptions shall not be granted from any of the following standards:

A.

Lot area, width, or depth;

B.

Maximum number of stories;

C.

Minimum number of required parking spaces other than reductions approved pursuant to Chapter 16.508, Off-Street Parking and Loading;

D.

Minimum or maximum residential density; or

E.

Maximum floor area ratio (FAR).

Exceptions to residential parking space requirement shall be permitted only when substitute space is provided, and upon the granting of an exception permit, as set forth in this chapter. The director shall grant or deny applications as follows:

A.

When required parking space of a single-family home is converted into living space, the director may grant the exception to allow substitute off-street parking to be uncovered when in his or her judgment it would be impractical to provide acceptable covered parking.

B.

The exception may be granted in single-family residences where:

1.

The existing garage or covered parking does not meet current zoning and/or other applicable city ordinances and is not usable for automobile parking; or

2.

The existing garage or covered parking complies with current zoning and/or other applicable city ordinances and is usable for automobile parking, with a finding that off-street parking for a minimum of one vehicle is available and that the conversion is in harmony with the characteristics of the neighborhood. In making the finding, the director shall consider:

a.

Type, style and design of the structure(s) on the site,

b.

Compatibility of colors and materials with the main structure,

c.

Traffic flow and volume, and

d.

Adequate length of driveway.

C.

In the case of newly constructed homes, every house must be completed with required covered off-street parking, and must be occupied for at least one year before an exception application for any conversion or required covered parking can be filed.

D.

In no case will any exception be granted unless the proposed construction would be eligible for the issuance of a building permit upon the granting of an exception as set forth in this chapter. Any conversion shall comply with Building Code requirements.

A.

Review Authority and Duties. The director, architectural heritage and landmarks commission and design review board, planning commission or city council, in accordance with Table 16.601-A: Permit Review Authority, must approve, conditionally approve, or deny applications for an exception based on consideration of the requirements of this chapter.

B.

Application Requirements. An application for an exception must be filed and processed in accordance with the procedures in Chapter 16.602, Common Procedures. In addition to any other application requirements, the application for an exception must include data or other evidence explaining why the findings necessary to grant the exception set forth in Section 16.608.05, Required Findings, are satisfied.

C.

Decision. The director must issue a written decision within forty-five calendar days of the date the application is deemed complete, and may grant the reasonable accommodation request, grant with modifications, or deny the request. All written decisions must give notice of the right to appeal and to request reasonable accommodation in the appeals process.

D.

Concurrent Processing. If a request for an exception is being submitted in conjunction with an application for another approval, permit, or entitlement under the Zoning Code, it must be heard and acted upon at the same time and in the same manner as that application.

E.

Exception Requests for Reasonable Accommodation to Ensure Access to Housing. An application for an exception based on a request for a reasonable accommodation to ensure access to housing will be referred to the director for review and consideration. Such a request may exceed the twenty-five percent limits in Section 16.608.01, Purpose and Applicability.

1.

Application. A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. Requests for reasonable accommodation shall be submitted with an application for zoning/planning/subdivision action (no fee) and with a letter to the planning and development services director and shall contain the following information:

a.

The applicant's name, address and telephone numbers.

b.

Address of the property for which the request is being made.

c.

The name of the property owner and owner's written consent or signature on application form.

d.

The current actual use of the property.

e.

The basis for the claim that the person(s) is considered disabled under the fair housing laws.

f.

The Zoning Code provision, regulation or policy from which reasonable accommodation is being requested.

g.

Why the reasonable accommodation is necessary to make the specific property accessible to the person(s).

h.

Copies of memoranda, correspondence, pictures, plans or background information reasonably necessary to reach a decision regarding the need for the reasonable accommodation.

i.

Other relevant supportive information as requested by the community development director or his or her designee, consistent with fair housing laws.

2.

Decision. The director shall render a decision in writing within thirty days after the application is complete, and shall approve, approve with conditions or deny the application based on the findings in Subsection 3.

3.

Findings. Director shall approve the application, with or without conditions, if the following findings are made:

a.

The housing will be used by a disabled person(s);

b.

The requested accommodation is necessary to make specific housing available to a disabled person(s);

c.

The requested accommodation would not impose an undue financial or administrative burden on the city; and

d.

The requested accommodation would not require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning.

e.

The design and location of the accommodation is done in a way to minimize impacts on neighboring properties and the design character of the neighborhood to the extent reasonably feasible.

4.

Appeal. An appeal of the decision by the director may be made pursuant to the appeal procedures in Section 16.602.14, Appeals.

5.

Concurrent Processing. If the project for which the request for reasonable accommodation is being made also requires other discretionary approval, permit or entitlement under this code (including but not limited to: design review, variance, conditional use permit, rezoning, general plan amendment, etc.), then the applicant shall file the information required by Subsection E.1 together for concurrent review with the application for discretionary approval.

A decision to grant an exception must be based on the following findings:

A.

The exception is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, topography, noise exposure, irregular property boundaries, or other unusual circumstance;

B.

There are no alternatives to the requested exception that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public;

C.

The granting of the requested exception will not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of the Zoning Code;

D.

If the exception requested is to provide reasonable accommodation pursuant to state or federal law, the review authority must also make the following findings in addition to any other findings that this Zoning Code requires:

1.

That the subject housing or property will be used by an individual or organization entitled to protection;

2.

If the request for accommodation is to provide fair access to housing, that the request is necessary to make specific housing available to an individual protected under state or federal law;

3.

That the conditions imposed, if any, are necessary to further a compelling public interest and represent the least restrictive means of furthering that interest; and

4.

That denial of the requested exception would impose a substantial burden on religious exercise or would conflict with any state or federal statute requiring reasonable accommodation to provide access to housing; and

E.

The project has been reviewed in compliance with the California Environmental Quality Act, if applicable, and the requirements of this chapter.

F.

Notification. Notice shall be provided in compliance with the requirements of Chapter 16.602, Common Procedures, Section 16.602.08, Noticing. When a project subject to an exception permit approval and requires a development review permit, use permit variance, an amendment of the Zoning Code or any other discretionary action, the notice for such approval shall also state that the project is subject to an exception.

The review authority can impose reasonable conditions that are related and proportionate to what is being requested by the applicant, as deemed necessary and appropriate to ensure that the provisions of the general plan, any applicable specific plan, planned development, the Zoning Code and other applicable plans are met. The review authority may require reasonable guarantees and evidence that such conditions are being, or will be, complied with. Exceptions approved based on state or federal requirements for reasonable accommodation may be conditioned to provide for rescission or automatic expiration based on a change of occupancy or other relevant change in circumstance as requested and demonstrated by the applicant.

A.

Appeals. A decision on an exception may be appealed in accordance with Chapter 16.602, Common Procedures, Section 16.602.140, Appeals.

B.

Expiration, Extensions and Modifications. Exceptions are effective and may only be extended or modified as provided for in Chapter 16.602, Common Procedures, Section 16.602.12, Expiration and Extension.

C.

Revocation. An exception may be revoked in accordance with Chapter 16.615, Enforcement and Abatement.

This chapter establishes uniform procedures for the adoption and implementation of specific plans, which are regulatory documents established by the city to carry out specific purposes, as authorized by the Government Code, for specific geographic areas shown on the zoning map.

A specific plan shall be prepared, adopted, amended, and repealed in the same manner specified in Chapter 16.612, General Plan Amendments of this Zoning Code, except that a specific plan may be amended as often as deemed necessary by the city council.

A.

Initiation. A zoning map amendment to establish a specific plan district shall be initiated by a property owner or authorized agent, or by the city council, in accordance with Chapter 16.611, Zoning Text and Map Amendments. If the property is not under a single ownership, all owners must sign the application, and a map showing the extent of ownership shall be submitted with the application.

B.

Application Requirements. An application for a specific plan shall be made on the prescribed form and shall be filed with the planning division with applicable fees. Application shall include a specific plan that complies with the state requirements and requirements of this chapter.

The planning commission in recommending, and the city council in adopting a specific plan, must make all of the following findings:

A.

The proposed specific plan will contribute to the public health, safety, and general welfare or will be of benefit to the public;

B.

The proposed specific plan is consistent with the general plan goals, unless the goals themselves are proposed to be amended;

C.

The proposed specific plan retains the internal consistency of the general plan and is consistent with other adopted plans, unless concurrent amendments to those plans are also proposed and will result in consistency; and

D.

The proposed specific plan has been reviewed in compliance with the California Environmental Quality Act, if applicable, and the requirements of this Chapter.

E.

Public Notice and Hearing. All applications for a specific plan or a specific plan amendment shall require public noticing and hearings before the planning commission and city council, pursuant to Chapter 16.612, General Plan Amendments of this Zoning Code.

A.

Specific plan areas shall be designated on the zoning map by number (SP-#).

B.

A specific plan adopted by ordinance of the city council shall be administered as prescribed by the council, consistent with the Government Code Section 65450-65457.

C.

Land use regulations. No use other than an existing use is permitted except in accordance with an adopted specific plan. Any permitted or conditional use authorized by the Zoning Code may be included in an adopted specific plan consistent with the general plan land use designation(s) for the property. Where a proposed land use is encompassed by the definition of the specific plan's permitted use types but conflicts with the statement of purposes for a specific plan, the proposed land use will not be permitted.

D.

Development Review.

1.

All development within a specific plan district shall require development review, in accordance with Chapter 16.605, Development Review, which replaces the unit plan permit and process, and shall be subject to any design review guidelines adopted as part of the specific plan.

2.

An application for development review in a specific plan district shall only be accepted for planning and building permits or subdivisions review and approval if the application is consistent with an approved specific plan and any conditions of approval.

3.

No project may be approved, and no building permit issued unless the project, alteration or use is consistent with an approved specific plan.

This chapter establishes procedures for establishing a Planned Development (PD) Zoning District, which allows for one or more properties to be developed under a planned development plan.

A.

Initiation. An amendment to reclassify property to a PD zoning district shall be initiated by a property owner or authorized agent. If the property is not under a single ownership, all owners must sign the application, and a map showing the extent of ownership shall be submitted with the application.

B.

Application Requirements. An application for a planned development approval shall be made on the prescribed form and shall be filed with the planning division with applicable fees. Application shall include a PD Plan that complies with the requirements of this chapter.

1.

Rezoning. An application for rezoning to a PD zoning district shall include a planned development plan and shall be processed as an application for amendment to the zoning map, according to the procedures of Chapter 16.611, Zoning Text and Map Amendments.

2.

Planned Development Plan. The planned development plan shall be accepted and processed concurrently, in the same manner as a use permit application, or other applications if applicable, pursuant to Chapter 16.602, Common Procedures, and Chapter 16.606, Minor and Major Use Permits. Additional information necessary to determine that the intent of the Zoning Code and the general plan will be fulfilled shall be submitted as stipulated in application requirements issued by the director.

3.

Tentative Subdivision Map. When a planned development requires the submission of a tentative subdivision map, this map and all supporting documents shall be prepared and submitted concurrently with the application of the planned development.

C.

Preliminary Review. Prior to submitting an application for approval of a planned development plan and rezoning, the applicant may schedule a preliminary review conference with the director pursuant to Chapter 16.602, Common Procedures, Section 16.602.04, Preliminary Review to discuss the general acceptability of the proposal, possible issues that may be encountered, and the need for any interagency coordination. Such preliminary consultations shall be relative to a conceptual development plan submitted by the applicant. At the director's option, a conceptual plan may be referred to the planning commission for preliminary comments. Such comments shall be considered advisory in nature and shall not constitute a recommendation of approval.

D.

Review Authority. A PD rezoning and planned development plan shall be recommended by the planning commission following a public hearing, and adopted by ordinance by the city council.

E.

Public Notice and Hearing. All applications for a planned development plan shall require a public notice and hearings before the planning commission and city council, pursuant to Chapter 16.602. Common Procedures.

F.

City Council Hearing and Action. After receiving the report from the planning commission, the city council shall hold a duly noticed public hearing.

1.

All applications for a planned development rezoning and planned development plan shall require public noticing and hearings before the planning commission and city council, pursuant to Chapter 16.602, Common Procedures.

A planned development rezoning and planned development plan shall only be approved if the city council, based on a recommendation from the planning commission, makes the following findings:

A.

The proposed development is consistent with the general plan, including the density and intensity limitations that apply;

B.

The subject site is physically suitable for the type and intensity of the land use being proposed;

C.

Adequate transportation facilities and public services exist or will be provided in accord with the conditions of development plan approval, to serve the proposed development; and the approval of the proposed development will not result in a reduction of traffic levels of service or public services so as to be a detriment to public health, safety, or welfare;

D.

The proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area;

E.

The development generally complies with applicable adopted design guidelines; and

F.

The proposed development is demonstratively superior to the development that could occur under the standards applicable to the underlying base district, and will achieve superior community design, environmental preservation and/or substantial public benefit. In making this determination, the following factors shall be considered:

1.

Appropriateness of the use(s) at the proposed location.

2.

The mix of uses, housing types, and housing price levels.

3.

Provision of units affordable to persons and families of low and moderate income or to lower income households, if applicable.

4.

Provision of infrastructure improvements.

5.

Provision of open space.

6.

Compatibility of uses within the development area.

7.

Quality of design, and adequacy of light and air to the interior spaces of the buildings.

8.

Overall contribution to the enhancement of neighborhood character and the environment of Vallejo in the long term.

9.

Creativity in design and use of land; and

G.

The proposed PD rezoning and planned development plan has been reviewed in compliance with the California Environmental Quality Act, if applicable, and the requirements of this chapter.

In approving a planned development plan and rezoning, the review authority may impose reasonable conditions deemed necessary to:

A.

Ensure that the proposal conforms in all significant respects with the general plan and with any other applicable plans or policies that the city has adopted;

B.

Achieve the general purposes of the Zoning Code or the specific purpose of the zoning district in which the project is located;

C.

Achieve the findings listed above; or

D.

Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the requirements of the California Environmental Quality Act.

A.

Zoning Map Designation. All PD Zoning Districts created after the adoption of the Zoning Code shall be noted on the zoning map by the designation "PD.

B.

Land Use Regulations. No use other than an existing use is permitted in a PD Zoning District except in accordance with an adopted planned development plan. Any permitted or conditional use authorized by the Zoning Code may be included in an approved planned development plan consistent with the general plan land use designation(s) for the property. Where a proposed land use is encompassed by the definition of the PD Zoning District's permitted use types but conflicts with the statement of purposes for this district, the proposed land use will not be permitted.

All development within a PD Zoning District shall require a development review permit, in accordance with Chapter 16.605, Development Review which replaces the planned development unit plan permit and process. Plans for a development review permit in a PD Zoning District shall be accepted for planning and building permits or subdivisions only if they are consistent with an approved planned development plan and any conditions of approval. No project may be approved, and no building permit issued unless the project, alteration or use is consistent with an approved planned development plan.

Approved planned development plans may be amended when necessary to ensure consistency with the general plan and to further the stated purposes of PD Zoning Districts.

A.

Initiation. An amendment to a planned development plan may be initiated by:

1.

Planning Commission Resolution. Resolution of intention adopted by the planning commission;

2.

City Council Resolution. Resolution of intention adopted by the city council; or

3.

Applicant.

B.

Major Amendments. Major amendments to an approved PD Zoning District or planned development plan shall be considered by the city council at a duly noticed public hearing, following a planning commission recommendation. An amendment will be deemed major if it involves one or more of the following changes:

1.

A change in the boundary of the PD Zoning District;

2.

An increase or decrease in the number of dwelling units for the PD Zoning District that is greater than the maximum or less than the minimum stated in the planned development plan;

3.

An increase or decrease in the floor area for any nonresidential land use that results in the floor area exceeding the minimum or maximum stated in the planned development plan;

4.

Any change in land use or density that is likely to negatively impact or burden public facilities and utilities infrastructure as determined by the city engineer;

5.

Any change in land use or density that is likely to negatively impact or burden circulation adjacent to the PD Zoning District or to the overall major street system, as determined by the city engineer; or

6.

Any other proposed change to the planned development plan or the conditions of approval that substantively alters one or more of its components as determined by the director.

C.

Minor Amendments. Amendments not meeting one or more of the criteria listed in Subsection C above shall be considered minor if they are consistent with and would not change any original condition of approval. Minor amendments may be approved by the director.

A.

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

B.

Expiration.

1.

Planned Development Plan. A planned development plan shall be effective thirty days following the second reading of the ordinance creating the PD zoning district for which it was approved, and shall expire two years after the effective date unless actions specified in the conditions of approval have been taken, or a building permit has been issued and construction diligently pursued. An approved planned development plan may specify a development staging program exceeding two years.

2.

Tentative Map. Where a tentative map has been approved in conjunction with a planned development plan, the planned development plan shall expire upon the expiration of the tentative map.

3.

Phased Development. If the applicant intends to develop the project in phases, and the city council approves phased development, the planned development plan shall remain in effect so long as not more than one-year lapses between the end of one phase and the beginning of the next phase.

c.

Extension. Planned development approvals may only be extended as provided for in Chapter 16.602, Common Procedures, Section 16.602.12, Expiration and Extension.

D.

Revocation. Failure to comply with any planned development permit condition is a violation of this chapter may be revoked or modified as provided by Chapter 16.615, Enforcement and Abatement.

This chapter provides procedures for changes that may be made to the text of the Zoning Code and to the zoning map; consistent with the general plan. The procedures in this chapter shall apply to all proposals to change the text of the Zoning Code or to revise a zoning district classification or zoning district boundary line shown on the zoning map.

A.

Initiation. An amendment to the text of the zoning ordinance or to the zoning map may be initiated by:

1.

City Council. A resolution of intention directing the planning commission to initiate an amendment;

2.

Planning Commission. A resolution of intention initiated by the planning commission;

3.

Text Amendment. An amendment to the text of the zoning ordinance may be initiated by any qualified applicant identified in Section 16.602.02, Application Forms and Fees; or

4.

Map Amendment. An amendment to the zoning map may be initiated by a verified petition of one or more owners of property or city residents seeking reclassification.

B.

Application Requirements.

1.

Application. A qualified applicant shall submit an application for a zoning amendment on a form prescribed by the director accompanied by the required fee. The director may require an applicant to submit such additional information and supporting data as considered necessary to process the application.

2.

Coordination with Other Applications. The planning division may allow any necessary applications for amendments to zoning regulations or for approval under the requirements of the Zoning Code to be processed simultaneously with the proposed zoning amendment.

c.

Review Procedures and Public Notice.

1.

Staff report. The director shall prepare a report and recommendation to the planning commission on any application for a zoning amendment. The report shall include, but is not limited to, a discussion of how the proposed amendment meets the criteria in Chapter 16.611, Zoning Text and Map Amendments, for approving a zoning amendment and an environmental document prepared in compliance with the California Environmental Quality Act.

2.

Public Hearing Required. All zoning amendments shall be referred to the planning commission, which shall hold at least one public hearing on any proposed amendment.

3.

Public Notice. At least twenty-one days before the date of the public hearing, the planning division shall provide notice consistent with Chapter 16.602, Common Procedures.

D.

Planning Commission Hearing and Recommendation.

1.

Planning Commission Hearing. The planning commission shall conduct a public hearing in conformance with Chapter 16.602, Common Procedures.

2.

Recommendation to Council. Following the public hearing, the planning commission shall make a recommendation on the proposed zoning amendment to the city council. Such recommendation shall include the reasons for the recommendation, and the findings related to the criteria for zoning amendments in Chapter 16.611, Zoning Text and Map Amendments and shall be transmitted to the city council. If the matter under consideration is a proposal to reclassify a property from one zoning district to another and the planning commission has recommended against the adoption of such amendment, the city council is not required to take any further action unless an interested party files a written request for a hearing with the city clerk within fourteen days after the planning commission action.

E.

City Council Hearing and Action. After receiving the report from the planning commission, the city council shall hold a duly noticed public hearing.

1.

At least fourteen days before the date of the public hearing, the planning division shall provide notice consistent with Chapter 16.602, Common Procedures. The notice shall include a summary of the planning commission recommendation.

2.

After the conclusion of the hearing, the city council may approve, modify, or deny the proposed amendment.

The planning commission shall not recommend, and the city council shall not approve a zoning amendment unless it makes the following findings:

A.

Zoning Code Text Amendments.

1.

The ordinance amendment is consistent in principle with the general plan and any applicable specific plan; and

2.

The ordinance amendment is consistent with the purpose of the Zoning Code to promote the growth of the city in an orderly manner and to promote and protect the public health, safety, and general welfare.

B.

Revisions to Zoning District Boundaries/Zoning Map Amendment.

1.

The change in district boundaries is consistent in principle with the general plan;

2.

The change in district boundaries is consistent with the purpose of the Zoning Code to promote the growth of the city in an orderly manner and to promote and protect the public health, safety, and general welfare; and

3.

The change in district boundaries is necessary to achieve the balance of land uses desired by the city, consistent with the general plan, and to increase the inventory of land within a given zoning district.

The city council, to protect the public safety, health and welfare, may adopt an interim ordinance or moratorium prohibiting or allowing any uses or establishing development standards when this Zoning Code may otherwise be in conflict with a contemplated general plan, specific plan or zoning proposal which the city council, planning commission or the director is considering or studying or intends to study within a reasonable time. Nothing in this chapter shall limit the power of the city council, by virtue of the City Charter, to take necessary action to protect the public health, safety, and welfare.

A.

Procedures.

1.

In adopting an interim ordinance, the city council need not follow the procedures otherwise required prior to the adoption of an ordinance amendment as provided for in this chapter.

2.

An interim ordinance may be adopted as an emergency ordinance pursuant to the provisions of Section 312 of the City Charter.

3.

The city council as part of any interim ordinance, may adopt procedures to modify the standards contained in the interim ordinance, and may establish procedures which differ from those contained in Chapter 16.602, Common Procedures.

B.

Required Finding. The city council shall not adopt or extend any interim ordinance pursuant to this chapter unless the ordinance contains a finding that there is a current and immediate threat to the public health, safety, and welfare, and that the approval of additional subdivisions, use permits, variances, building permits or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in a threat to public health, safety, and welfare.

C.

Duration. An interim ordinance shall be of no further force and effect sixty days from its effective date. After notice and public hearing pursuant to the city council may extend the interim ordinance up to sixty months.

D.

Compliance with State Requirements. Notwithstanding subsections (A) through (C) of this chapter, if the interim zoning ordinance would operate to prohibit a use otherwise authorized by the Zoning Code, the city council shall follow the procedure specified in Government Code Section 65858, or any successor legislation thereto.

This chapter is intended to establish procedures for making changes to the general plan when it is in the public interest to do so as provided for in state law. These procedures apply to all proposals to change the text of the general plan and the diagrams that illustrate the application of its provisions.

A.

Proposals to amend the text of the general plan and the diagrams that illustrate the application of its provisions shall be as contained in Vallejo Municipal Code Sections 17.04.010—17.04.080.

This chapter establishes requirements for filing and approval of applications for conversion of existing residential or commercial property to a condominium or community apartment project containing five or more units in compliance with the general plan, the California Subdivision Map Act. and Title 15, Subdivisions, of the Vallejo Municipal Code.

A.

Condominium Conversion Permit Required. A condominium conversion shall be processed in the same manner as a major use permit in accordance with Chapter 16.606, Minor and Major Use Permits, and subject to Section 16.613.03, Procedures of this chapter.

B.

Use, Height, Yard and Other Requirements. Regulations governing the use, building, height, required yards, building separation, signs, off-street parking, and other explicit regulations where applicable and where not governed by the provisions of this chapter shall be those of the district within which the project is located.

C.

Separation from Other Structures. The main structures of any condominium project shall be separated from any other main structure by at least ten feet. This distance shall be increased two feet of each story in excess of two.

D.

Storage. Each unit shall have at least two hundred cubic feet of enclosed, lockable storage space with minimum dimensions as follows: twenty-five square feet horizontal surface area, three and one-half feet minimum interior dimension.

E.

Sound Transmission. Shock-mounting of all permanent mechanical equipment which is a source of structural vibration of structure-borne noise as determined by the building official.

F.

Utilities. All units shall be provided with separate gas and electric meters, and provision made for individual shutoff of all utility valves, including water.

G.

Traffic. The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed. Vehicular entrances and exits shall be carefully located and designed to minimize traffic hazards.

H.

Noise Resistance. Common walls and floors between units shall comply with the Uniform Building Code (UBC) provisions governing noise resistance with a maximum impact and Sound Transmission Class (STC) of 50 (45 in field tested) as defined in UBC Standard No. 35-1 and 35-2.

I.

Smoke Detectors. Every unit shall be provided with a smoke detector conforming to California Building Code Standards as adopted by the city pursuant to Ordinance No. 1828 N.C. (2d).

J.

Fire Walls. Where there is one common attic over more than one unit, the dividing wall between units shall extend all the way to the roof and that attic divider shall be rated for one-hour fire separation.

K.

Crime Prevention. All exterior doors shall be solid core type; all sliding glass doors shall be equipped with security devices approved by the police department.

L.

Condition of Equipment and Appliances. The developer shall provide a one-year complete warranty to the buyer of each unit, at the close of escrow, on any major appliances that are provided, or shall provide manufacturer's warranties for such items. At such time as the homeowner's association takes over management of the development, the developer shall provide a one-year complete warranty to the association that any pool and pool equipment and any appliances and mechanical equipment to be owned in common by the association is in operable working condition.

M.

Condition of Paved Areas. The development shall make any repairs needed so the engineering division of the public works department can certify that any paved areas are in satisfactory condition.

N.

Inspection. All units to be under separate ownership or lease after conversion shall be inspected by the city prior to planning commission approval of the application. Separate ownership means a condominium unit where the entire fee is one entity, whether individually, in joint tenancy, or tenancy in common.

O.

Building Code Compliance. As a minimum, all conversion projects shall be brought into compliance with the California Building Code as adopted by the city pursuant to Ordinance No. 1828 N.C. (2d).

P.

Declarations of Covenants. Project covenants, conditions and restrictions covering the following shall be submitted to the planning division for review and approval:

1.

Conveyance of private open space;

2.

Conveyance of private storage areas;

3.

Assignment and use of required off-street parking;

4.

Right of public entry to common areas;

5.

Maintenance of common areas and facilities;

6.

Utility easements over private streets and other areas;

7.

Access for construction, maintenance and repairs;

8.

Management contracts;

9.

Discrimination;

10.

Enforcement.

Q.

Other Provisions of this Zoning Code. Chapter 16.504, Landscaping and Chapter 16.508, Off-Street Parking and Loading, regulations shall also apply.

R.

Additional Requirements for Residential Condominium Conversions.

1.

Open Space. Each residential unit shall have attached open space of a minimum one hundred fifty square feet, except that studio units shall be required to have a minimum of one hundred thirty square feet. A minimum of three hundred square feet per unit of open space other than required setback areas shall be provided. Open space provided for each unit can be credited for up to half the open space required.

2.

Laundry Facilities. A laundry area should be provided in each unit, or a common laundry facility shall be provided.

A.

Structural Reports Required. Prior to filing a map permitting condominium conversion sales, the following reports shall be submitted for review and approval by the building inspector and development services director:

1.

A report from a licensed roofing contractor certifying that the roofs of all structures will last for a period of time specified in the report;

2.

A report by a professional engineer or city inspector attesting that the structure of all buildings, pavements, storm drainage facilities and the exterior plumbing, electrical systems and utility and mechanical equipment to be owned in common or as part of individual condominiums are in good serviceable condition;

3.

A report by a licensed painting contractor certifying that painting throughout the project is in good condition and that the building exteriors should not require repainting for at least five years;

4.

A report by a licensed termite and pest control specialist certifying that all the structures are free of infestation and structural damage. Any and all actual structural damage shall be repaired, or financial provision made for appropriate repair with a specific time period, prior to the approval of final map or properly bonded under the Subdivision Map Act.

B.

Application. An application for a residential condominium conversion shall contain the following information:

1.

A rental rate history for each type of unit, the monthly vacancy rate, the amount of tenant turnover, and the percentage annual increase in maintenance and taxes. These figures shall cover the preceding two years.

2.

A survey showing comparable rental housing within a one-half mile radius of the proposed conversion. This survey is to be used to evaluate the impact of the conversion on tenants who will be displaced. The survey shall include identification of all rental housing in structures of two or more units and the following information regarding such development:

a.

Number of units, categorized by bedroom count and rents charged;

b.

Vacancies by unit type;

c.

Policy on renting to families with children.

3.

No application shall be considered unless all the information required by this chapter is provided to the planning division, or the developer files with the planning division an affidavit or declaration showing good cause for failure to provide such information. This affidavit or declaration shall set forth, in detail, all efforts undertaken to discover such information and all reasons why the information cannot be obtained.

4.

A list of the names and addresses of the residents of each dwelling unit in the conversion project certified as to accuracy by the developer as of the date of the application.

5.

Each of the tenants shall receive from the applicant, written notification of the applicant's intention to convert at least sixty days prior to the filing of a tentative map pursuant to Section 66452 of the Government Code.

6.

Certification that the residents of the project have been notified of the proposed conversion in a manner approved by the planning division or a separate stamped, preaddressed envelope to the resident of each unit shall be furnished the city by the developer at the time the developer submits an application. The city shall use such envelopes to notify the residents by mailing a copy of the planning commission agenda and notice to tenants no less than seven days prior to the proposed hearing date. A failure by the city to mail such agenda and notice shall not invalidate any proceedings or action taken by the city under this chapter.

7.

All tenants who occupy the property after an application for a permit for conversion has been filed with the city shall be notified by the developer prior to occupancy by such tenant.

8.

A copy of the staff report on the application shall be sent to each tenant through certified mail at least three days prior to any action by the planning commission on the project.

C.

Effect of Conversion on Housing Stock. In reviewing applications for residential condominium conversion, the planning commission shall consider the following:

1.

Whether displacement of the tenants would be detrimental to the health, safety, or general welfare of the community.

2.

The role that the structure or project plays in the existing housing rental market. Particular emphasis shall be placed on the evaluation of rental structures to determine if the existing complex is serving low- and moderate-income households. Standard definitions of low and moderate income used by the federal and state governments will be used in the evaluation. Along with other factors, the commission shall consider the following:

a.

The number of families on current waiting lists for assisted rental housing programs that operate in Vallejo such as the Section 8, Section 23, and Section 236 programs.

b.

The probable income range of tenants living in existing apartments based on the assumption that households should pay between 1/4 ^th and 1/3 ^rd of their income for housing. That income range shall be compared with existing income limits for the Section 8 Program to determine whether displaced tenants can be categorized as low and moderate income.

c.

The need and demand for lower cost home ownership opportunities which are increased by the conversion of apartments to condominiums.

d.

If the planning commission or city council determines that vacancies in the project have been increased for the purpose of preparing the project for conversion, the tentative map and application may be disapproved. In evaluation of the current vacancy level under this paragraph, the increase in rental rates for each unit over the preceding two years and the average monthly vacancy rate for the project over the preceding two years shall be considered.

Applications for approving condominium conversions of historic properties that are listed on the city's historic resources inventory, shall comply with the requirements of this chapter with the following exceptions:

A.

New Structures. Any new structures to be constructed on the property in conjunction with the conversion shall meet the provisions of this chapter and the standards of the zoning district in which the project is located. All new construction shall conform to the secretary of the interior's standards for the treatment of historic properties.

B.

Open Space. If the open space requirements for condominiums in Section 16.613.02.C, Separation from Other Structures, cannot be met for the project due to site constraints of the historic property, the open space requirement may be reduced or excused. If, in the determination of the director, there is a feasible way to provide open space that would not have a negative impact on the historic integrity of the property by such means as removing non-historic structures, the applicant shall be required to comply with the open space requirement. In no case shall additional units or other structures be allowed at the expense of required open space, with the exception of required covered parking, the merits of which shall be weighed against the merits of providing open space for the project.

C.

Storage. If the storage requirement for condominium projects cannot be met without negative impacts to the historic integrity of the property, the storage requirement may be decreased or waived at the determination of the director.

D.

Noise Resistance. For historic properties, alternative means and methods may be utilized to satisfy the noise resistance standards of the current California Building Code for condominium conversions subject to the approval of the chief building official and the director.

E.

Fire Walls. The State Historic Building Code shall apply to fire protection requirements for condominium conversions of historic properties.

F.

Crime Prevention. Original exterior doors on historic properties shall be retained unless the director determines that replacement is necessary. If the original exterior doors have been replaced previously or need to be replaced, exterior doors shall be solid core type, of a design that is approved by the secretary of the architectural heritage and landmarks commission.

G.

Building Code Compliance. All historic property conversion projects shall comply with the State Historic Building Code. Exterior changes shall also comply with the secretary of the interior's standards for the treatment of historic properties.

H.

Parking. The on-site parking requirement for condominium conversions of historic properties may be relaxed at the discretion of the director if off-site parking in the neighborhood is readily available and the lack of on-site parking for the project would not have a significant impact on neighborhood parking; and

1.

The on-site parking requirement cannot be met on the property due to site constraints; or

2.

The parking requirement can be met only by utilizing a substantial portion of the required open space.

The planning commission shall make the following findings before approving an application for approval of a condominium conversion:

A.

The proposed conversion would not be detrimental to the health, safety or welfare of the community, and that it is consistent with the general plan, housing element, and the housing assistance plan;

B.

The overall design and construction of the project meets the standards specified in this chapter.

C.

For residential conversions:

1.

The proposed conversion will not have an adverse effect on the diversity of housing types available in the city;

2.

The proposed conversion will not displace a significant percentage of tenants and delete low-and moderate-income rental units from the city's housing stock, at a time when no equivalent housing is readily available in the city;

D.

For historic properties, the proposed conversion would not adversely affect the historic significance of the property and any historic district in which it is located and is in compliance with the secretary of the interior's standards of the treatment of historic properties and the State Historic Building Code.

A.

Conveyance of Private Land. Required private open space, storage area and parking spaces shall be described and conveyed in the grant deed as an integral part of the unit. With regard to parking, to the maximum practicable extent the spaces assigned to each unit shall be contiguous. All studio and one-bedroom units shall be assigned one parking space and may rent additional spaces from the association as available. An occupant of a unit with two or more bedrooms may rent one parking space back to the association. All parking spaces, except those specifically designated for recreational vehicles, shall be used solely for the purpose of parking motor vehicles as defined by the California Vehicle Code, and shall not be used for trailers, unmounted campers, boats or similar recreational vehicles.

B.

Right of Entry to Common Area. Officers, agents and employees of the city, the county, the state, and the government of the United States, and any department, bureau, or agency thereof, shall have the right of immediate access to all common areas of the project at all times for the purpose of preserving the public health, safety and welfare except in those instances where a common area is accessible only through a private unit.

C.

Maintenance of Common Areas and Facilities. Provision shall be made both for annual assessment of the owners for maintenance and special assessments for capital improvements. The amount of the regular annual assessment, and the procedure for its change, shall be specified. The manner in which special assessments may be levied for the purpose of defraying in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the common area shall be specified. Both annual and special assessments may be collected on a monthly basis. The remedies which the association may bring for the nonpayment of assessments shall be specified and may include penalties for late payment.

D.

Utility Easements over Private Streets and Other Areas. If the condominium project contains private streets, paths, or roadways, provision shall be made for public utility easements over the entire private street, path or roadway network. The planning commission may also require public utility easements adjacent to public streets or over other portions of the project to accommodate fire hydrants, water meters, street furniture, storm drainage, sanitary sewers, water and gas mains, electrical lines and similar public improvements and utilities. The planning commission may also require access routes necessary to assure that fire-fighting equipment can reach and operate efficiently in all areas of the project.

E.

Access for Construction, Maintenance or Repairs. Every owner and the association shall have an easement for entry upon a privately-owned unit, where necessary, in connection with construction, maintenance, or repair for the benefit of the common area or the owners of the units in common.

F.

Management Contracts. Unless otherwise prohibited by law, or any local, state or federal regulation, the association shall have the right to terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties three months after the association assumes control of the project, or at the time renegotiate any such contracts.

G.

Discrimination. Covenants, conditions and restrictions shall also contain a provision that the sale of any unit shall not be prevented because of the age, sex, or family composition of any potential buyer.

H.

Enforcement. There shall be a provision that in addition to the association, the city may enforce the provisions of the declaration.

I.

Historic Properties. For historic properties, there shall be a provision that all construction and repairs shall be in compliance with the secretary of the interior's standards for the treatment of historic properties.

The purpose of the architectural heritage and historic preservation chapter is to create and establish regulations for historic districts and landmark designations for specific properties that will conserve and enhance the city's architectural heritage and historic resources.

This chapter is also intended to create historic design guidelines to balance between housing needs with preservation needs. These guidelines shall address (1) Designated or contributing historic resources; (2) Non-contributing existing structures; and (3) New construction.

A.

More specifically, the historic district and landmark designations are intended to:

B.

Designate, preserve, protect, enhance and perpetuate those historic buildings, structures, landscaping, districts and neighborhoods that contribute to and serve as visible reminders of the cultural, aesthetic and architectural heritage of Vallejo;

C.

Foster civic pride in the beauty and accomplishments of the past;

D.

Deter demolition, destruction, alteration, misuse, or neglect of historically, culturally, archaeologically or architecturally significant districts, sites, buildings and objects that form an important link to the city's past;

E.

Encourage development tailored to the character and significance of each historic district or landmark through an historic district conservation plan that includes goals, objectives, and design standards;

F.

Provide a review process for appropriate alterations and additions to cultural, architectural and historical resources, consistent with the secretary of the interior's standards for the treatment of historic properties where applicable;

G.

Promote maintenance of a harmonious outward appearance of both historic and modern structures through complementary scale, form, color, proportion, texture and material;

H.

Stabilize and improve the economic values of designated historic buildings, structures, architectural resources, districts and neighborhoods; and

I.

Implement the policies of the general plan related to cultural and historical resources.

The historic resources inventory (HRI) is a database maintained by the planning division containing building descriptions and evaluations of potential historic resources in the city of Vallejo. Each property listed on the HRI has been evaluated by professionals using accepted industry standards and criteria at the time of conducting the inventory. The HRI is used to identify properties of potential historic significance.

Development Review. All new construction, demolition, alteration and relocation of contributing resources, including but not limited to landscaping, signage, and fencing within the Mare Island Historic District, as defined in the Mare Island Specific Plan, shall be subject to the standards, regulations and procedures contained in the Mare Island Specific Plan, and all of its appendices, particularly:

Appendix B.1 Mare Island Historic District Project Guidelines

Appendix B.4 Design Guidelines for the Mare Island Historic District

An "H" Historic District designation may be combined with any base zoning district and an "L" property designation may be within any base zoning district or "H" Historic District. The standards set forth in this chapter shall apply to all properties within a designated "H" Historic District and any "L" designation of a property.

A.

An application to add a new "L" Landmark property designation may be initiated by the city council, the architectural heritage and landmarks commission or planning commission, or upon the request of the Vallejo Architectural Heritage Foundation, neighborhood associations, historic preservation organizations, or city resident, or upon the verified application of the owner or authorized agent of the property to be designated.

B.

Landmarks Heritage Survey List. The architectural heritage and landmarks commission shall undertake and complete one or more architectural heritage surveys. Upon completion of such survey(s), the architectural heritage and landmarks 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, manmade or natural landscape elements, objects, works of art, or integrated combinations thereof.

Upon completion of such list, the architectural heritage and landmarks commission:

1.

May carry out, assist and collaborate in studies and programs designed to identify and evaluate structures, objects, sites and areas worthy of preservation, and establish archives where pictorial evidence of the structures and their architectural plans, if any, may be preserved and maintained;

2.

May consult with and consider the ideas and recommendations of civic groups, public agencies and citizens interested in historic preservation;

3.

With permission of the owner or, where appropriate, of the owner's authorized agent, inspect structures, objects, sites and areas which it has reason to believe worthy of preservation;

4.

May disseminate information to the public concerning those structures, objects, sites and areas deemed worthy of preservation, and may encourage and advise property owners and members of the community generally in the protection, enhancement, perpetuation and use of designated structures, property in historical districts, and other officially recognized property of historical, cultural or architectural interest;

5.

May consider methods for encouraging and achieving preservation, and may establish such policies, rules and regulations as it deems necessary to administer and enforce this chapter, subject to approval by the city council.

C.

Designation of Landmarks. From the heritage survey list, the architectural heritage and landmarks commission may designate certain structures, sites, portions of structures, groups of structures, landscape elements, objects, works of art, or integrated combinations thereof as landmarks. Each such designation shall include a description of the characteristics of the designated item which justifies its designation, and shall also include a description of the particular features that should be preserved, and also include the location of the landmark.

D.

Designation Criteria. The architectural heritage and landmarks commission shall use the following criteria when deciding whether to designate property as a landmark:

1.

Architectural Merit:

a.

Property that is the first, last, only, or most significant architectural property of its type in the city or region.

b.

Property that is the prototype of, or outstanding example of, periods, styles, architectural movements, engineering or construction techniques, or an example of the more notable work, or of the best surviving work in the city or region of an architect, designer or master builder.

c.

Architectural examples worth preserving for the values they add when integrated into the total fabric of the city's neighborhoods.

2.

Cultural Value: Structures, objects, sites and areas associated with the movement or evolution or religious, cultural, governmental, social and economic developments of the city;

3.

Educational Value: Structures worth preserving for their educational value;

4.

Historical Value: Preservation and enhancement of structures, objects, sites and areas that embody and express the history of Vallejo, Solano County, California, or the United States. History may be social, cultural, economic, political, religious or military;

5.

Any property which is listed on the National Register and is described in Section 470a of Title 16 of the United States Code and/or is a registered state landmark.

E.

Classification of Designations. Any property which the architectural heritage and landmarks commission finds to meet the criteria specified in Subsection B may be classified and designated as follows:

1.

City Landmark. City landmarks shall include those structures found to have unique historical, architectural or aesthetic interest or value and which are eligible for or listed on the National Register of Historic Places.

2.

Historic Structure. Historic structures shall include those structures found to have outstanding historical, architectural or aesthetic interest or value.

3.

Structure of Merit. Structures of merit shall include those structures found to have significant historical, architectural or aesthetic interest or value.

4.

Contributing Structure. Contributing structures shall include those structures found to warrant special historical, architectural or aesthetic interest or value.

F.

Application Required. Any such application for designation shall be filed with the architectural heritage and landmarks commission upon forms which it shall provide, and shall be accompanied by all data required by the architectural heritage and landmarks commission.

G.

Action by the Architectural Heritage and Planning Commission - Public Hearing. Upon receipt of a request for designation, or the property owners' consent to the designation if nominated by the architectural heritage and landmarks commission or city council, the architectural heritage and landmarks commission or the secretary shall schedule a public hearing and cause notice thereof to be published once in a newspaper of general circulation in the city. The secretary shall also cause all owners of property within a two hundred-foot radius of the property in question, and any neighborhood group applicable to the property, to be notified of such application by mail. These notifications shall be made at least twenty-one days prior to the date scheduled for the hearing. After conducting a public hearing, the architectural heritage and landmarks commission shall determine whether to designate the structure as a city landmark, provided that no such designation shall be final prior to ratification at a subsequent meeting of the commission.

H.

Time Limitation. The architectural heritage and landmarks commission shall offer a public hearing, approve, disapprove or modify the request within one hundred eighty days after receipt of the request.

I.

Notice of Action Taken. The architectural heritage and landmarks commission shall promptly notify in writing the applicant and owner of the property of such action taken. The architectural heritage and landmarks commission shall also mail a notice of its decision to persons requesting such notification. A copy of the notice of decision shall be filed with the secretary.

J.

Resubmission or Reconsideration. If a proposal initiated by application has been denied by the architectural heritage and landmarks commission, or by the city council on appeal, subsequent application that is the same or substantially the same may not be submitted or reconsidered for at least one year from the effective date of final action on the original proposal unless substantial additional data becomes available, in which case the architectural heritage and landmarks commission may rule to hear a resubmitted application after six months.

K.

Additional Notice of Action. When a structure has been designated as provided above, the architectural heritage and landmarks commission shall cause a copy of the designation, or notice thereof, to be recorded in the Office of the County Recorder and copies filed with the following: Planning division, building division, housing authority, Solano County Board of Realtors, Vallejo Architectural Heritage Foundation, American Institute of Architects—Solano County Branch, Northern California Chapter. Such structure shall be shown as a separate overlay on the city's GIS map. (This is currently shown on separate map.)

A.

An application to add a new "H" Historic District designation may be initiated by the city council, or the architectural heritage and landmarks commission or planning commission, or upon the request of the Vallejo Architectural Heritage Foundation, neighborhood associations, historic preservation organizations, or city resident, or upon the verified application of the owner or authorized agent of the property to be designated.

B.

Architectural Heritage District. This district may be made applicable to any area in the city with significant architectural heritage. Any zoning district, or a portion thereof, may be designated an "architectural heritage district." This district is adopted to preserve areas and specific buildings and structures which reflect elements of the cultural, social, economic, political and architectural history of the city. This district is intended to stabilize and improve property values in historical areas and to preserve specific buildings and structures which are considered to be of historical or architectural value, to foster civic pride and beauty, and to strengthen the community's economy.

C.

Historic District. This district may be made applicable to any area in the city found to have significant historical, architectural or aesthetic value. Any zoning district, or a portion thereof, may be designated an "historic district." It is the purpose of this district and the intent of the city council in adopting same to achieve maximum feasible rehabilitation. Rehabilitation, as distinct from restoration, is the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use. In rehabilitation, those portions of the property important to illustrating historic, architectural and cultural values are preserved or restored.

An amendment to an "H" Historic District and historic district conservation plan or historic district specific plan or an "L" Landmark designation shall be initiated, recommended by the architectural heritage and landmarks commission, and approved by the city council in the same manner as specified for new designations.

The land use regulations and development regulations applicable to a building, structure or area subject to an "H" Historic District or "L" Landmark designation shall be as prescribed for the base zoning district with which it is combined, provided that where conflicts arise, the criteria and requirements of any applicable historic district conservation plan or specific plan, shall govern.

A.

Ordinary Maintenance and Repair; Repair for Public Safety. Nothing in this chapter is intended to prohibit ordinary maintenance or repair of any exterior or interior architectural feature in or on any property subject to an "H" or "L" designation that does not involve a change in design, material or external appearance thereof. Nor is this chapter intended to prohibit the construction, reconstruction, alteration, restoration, demolition or removal of any such architectural feature when the chief building official certifies that such action is required for the public safety, due to an unsafe or dangerous condition which cannot be otherwise rectified, and where in such case, the architectural heritage and landmarks commission shall be notified.

B.

State Historical Building Code. The California State Historical Building Code provides alternative building regulations for the rehabilitation, preservation, restoration or relocation of structures designated as cultural resources. For any property subject to an "H" or "L" designation, such work on cultural resources shall be subject to the provisions of the California State Historical Building Code, rather than the Uniform Building Code, as provided by Section 6.06.071 of the Vallejo Municipal Code.

C.

The Secretary of the Interior's Standards for the Treatment of Historic Properties. The latest published version of the U.S. Secretary of the Interior's "Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings" shall be used as guidelines in carrying out responsibilities for such actions under this chapter, as refined by historic district conservation plans and specific plans and master plans adopted by the city.

D.

Allowable Modifications in Base District Standards. The director may modify the dimensional requirements specified in this code by up to twenty-five percent, and the architectural heritage and landmarks commission may allow additional modification, upon finding that the requested modification is necessary to facilitate conservation, rehabilitation, restoration, and adaptive reuse of, and appropriate additions to, identified historic buildings and landmarks. Such modifications shall be subject to the same procedures as specified for certificates of appropriateness. Specific waivers and modifications may be granted for:

1.

Setbacks. Front, side, and rear yard setback standards.

2.

Parking. The dimensional standards for parking spaces, aisles, driveways, landscaping, garages on sloping lots, and parking facility design.

3.

Fences and Walls. Standards for the location, height, and design of fences and walls.

4.

Lot Coverage. Standards for the maximum amount of lot coverage.

5.

Height. Maximum building height or other height limitations.

6.

Other Standards. Up to twenty-five percent of other development standards not listed above.

A certificate of appropriateness shall be required prior to the construction, demolition, alteration, or relocation of, or addition to, any main or accessory structure or other designated feature in a historic district, or on the property of a designated landmark. The purpose of this requirement is to ensure the integrity of structures and the general character in historic districts or the integrity and general character of designated landmarks that are of historical or architectural significance.

A.

Authority. The architectural heritage and landmarks commission or director shall have the authority to review and approve, approve with conditions, or disapprove a certificate of appropriateness pursuant to the procedures and criteria in this chapter.

B.

Exemptions.

1.

No certificate of appropriateness is required for ordinary maintenance, or for the demolition, alteration or relocation of, or addition to, a structure or feature identified as non-contributing in the applicable designation ordinance. Maintenance shall include, but not be limited to, painting, minor repair, routine maintenance and upgrading that does not involve significant changes to the designated structure, feature or site.

2.

No certificate of appropriateness is required to prevent any work necessary to correct the unsafe or dangerous condition of any structure, other feature or part thereof, where such condition has been declared unsafe or dangerous by the chief building official or fire marshal, and where such work has been declared necessary by such officials to correct the condition; provided, however, that only such work as is reasonably necessary to correct the unsafe or dangerous condition may be performed.

3.

No certificate of appropriateness is required for alteration of the interior of a structure, unless such structure is designated as a landmark.

4.

No certificate of appropriateness is required for development or alteration of an accessory dwelling unit.

5.

No certificate of appropriateness is required for paving, decks, fences, and retaining walls except those identified in Table 16.614-A.

C.

Initiation. An application for a certificate of appropriateness shall only be submitted by a qualified applicant, as defined in Section 16.602.02, Application Forms and Fees.

D.

Review Authority and Public Notice. The authority to review a certificate of appropriateness and public notice shall be as provided in Table 16.614-A.

E.

Findings for Approval. To approve an application for a certificate of appropriateness, the architectural heritage and landmarks commission or director shall find, as applicable:

1.

The project is in conformance with the U.S. Secretary of the Interior's Standards for the Treatment of Historic Properties applicable to the project and any ordinance designating the historic district or landmark.

2.

For projects located in a historic district, the proposed project is consistent with any conservation plan or specific plan adopted for the historic district.

3.

For projects that require demolition, the architectural heritage and landmarks commission shall also find, as applicable:

a.

It is not feasible to preserve or restore the structure after considering alternatives and balancing interest in preservation versus cost.

b.

The retention of the structure constitutes a hazard to public safety.

c.

The structure is a deterrent to a major improvement program which substantially benefits the city.

d.

Retention of the structure in the judgment of the commission is not in the interest of the majority within the historic district.

e.

Conditions of Approval. The director may impose or recommend that the architectural heritage and landmarks commission impose, such conditions in a certificate of appropriateness that are necessary to accomplish the purposes of this code and prevent or minimize adverse impacts upon the public. These conditions shall run with the land and not be affected by a change in ownership.

F.

Effect of Issuance of a Certificate of Appropriateness. Issuance of a certificate of appropriateness shall authorize the development, exterior alteration, restoration, or relocation of the site or structure within the historic district or of the landmark designation pursuant to the terms and conditions of the certificate of appropriateness and authorize the applicant to apply for a zoning or building permit.

A.

General. All owners of sites, structures or features included in the city's historic resources inventory, in an historic district or subject to a landmark designation, shall maintain such sites, structures or features in good repair, and no owner shall permit such sites, structures or features to fall into a state of disrepair that would, in the judgment of the director, produce a detrimental effect upon the character of such sites, structures or features. Structures and premises shall be considered in good repair if they do not present material evidence of disrepair or material variance in condition from surrounding structures that comply with the provisions of this code. The purpose of this chapter is to prevent an owner or other person having legal custody and control over a property from facilitating demolition of a historic resource by neglecting it and by permitting damage to it by weather, vandalism, wood-destroying insects, or other factors within the owner's means to prevent.

B.

Standards of Review. The standards of review for "good repair" and "disrepair" are as follows:

1.

Good Repair. Includes and is defined as the level of maintenance that ensures the continued availability of the structure and premises for a lawfully permitted use, and prevents unreasonable deterioration, dilapidation, and decay of the exterior portions of the structure and premises.

2.

Disrepair. Includes but is not limited to unreasonable deterioration of exterior walls, plaster, mortar or vertical or horizontal supports; deterioration of roofs and exterior chimneys; ineffective waterproofing, including broken windows or doors; or the deterioration of any other exterior feature that would create a hazardous or unsafe condition.

C.

Minimum Maintenance. Consistent with all other state and Vallejo Municipal Codes requiring that buildings and structures be kept in good repair, and subject to approval of a certificate of appropriateness if required, the owner or other person having legal custody and control of a property shall repair such building or structure if it is found to have any of the following defects.

3.

Building elements so attached that they may fall and injure members of the public or property.

4.

Deteriorated or inadequate foundation.

5.

Defective or deteriorated flooring.

6.

Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration.

7.

Members of ceilings roofs, ceilings or roof supports or other horizontal members which sag, split or buckle due to defective materials or deterioration.

8.

Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration.

9.

Deteriorated, crumbling or loose exterior plaster.

10.

Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors.

11.

Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other protective covering.

12.

Any fault, defect or deterioration in the building which renders it structurally unsafe or not properly watertight.

D.

Notice to Comply.

1.

Unmaintained Resources. If the director or chief building official determines that any site or structure is not being maintained in accordance with this chapter, the director or chief building official shall issue a notice to comply requiring the owner or other person having legal custody and control of the site or structure to take action in order that the site or structure may be preserved in accordance with this chapter. The director and/or chief building official may also meet with the owner or other person having legal custody and control of the site or structure to discuss ways to bring the site or structure into conformance with this chapter.

2.

Protection of Deteriorated, Vacant and Vandalized Resources. The director and/or chief building official shall have the authority to issue a notice to comply to any owner of any property subject to this chapter upon determining that the property has become subject to vandalism or constitutes a public nuisance. In such circumstances, the chief building official shall have the authority to issue any order deemed appropriate to keep the property from being further vandalized or from becoming a public nuisance including, but not limited to, ordering that the building be secured and fenced.

3.

For the purposes of this provision, the property shall include exteriors of any accessory building located on a property in the city's historic resources inventory.

4.

Security measures that the chief building official may order shall include, but not be limited to, the following:

a.

The installation of the maximum allowed height under this code of chain-link perimeter fencing and at least one securely locked pedestrian gate and the posting of "NO TRESPASSING" signs at regular intervals.

b.

Steel or plywood closures, with one-inch diameter air holes, installed at all doors and windows. (Sandwich panel installation shall be used to avoid drilling into window frames and sashes, doors, ornament or masonry units.)

c.

The removal of all debris from the premises, including but not limited to wood, paper, cans, bottles and fecal matter.

d.

Any temporary modifications required to be made to secure the building shall be reversible.

5.

Any plans or proposals for work required to be performed pursuant to a notice to comply to secure any building from bring further vandalized or from becoming a public nuisance must first be reviewed by the director and chief building official to ensure that any work to secure the building will not damage or alter the historic character of the building. This review by the director and chief building official shall be completed within ten calendar days from the date any request for review is submitted. If the work to be performed includes substantial alteration, the procedures set forth in this chapter shall be utilized for review.

6.

Nothing herein shall be interpreted to prohibit an owner from taking immediate temporary measures to secure a building from unauthorized entry.

7.

It shall be unlawful for any property owner to fail to comply with any notice to comply issued by the chief building official under this provision.

8.

In addition to the remedies provided by this Zoning Code, should an owner fail to comply with an order to comply, the city may take the necessary measures, including those authorized under this Zoning Code, to immediately secure the property against vandalism or prevent it from becoming a public nuisance. The city shall have the authority to assess the cost of performing this work as a lien against real property on which the building is located and take whatever additional action the city deems necessary to recover its costs and further secure the property and provide for its preservation. Prior to taking these measures, the city shall send a notice of intention to the owner.

A.

Appeals. A decision on an certificate of appropriateness may be appealed in accordance with Chapter 16.602, Common Procedures, Section 16.602.14, Appeals.

B.

Expiration, Extensions and Modifications. A certificate of appropriateness is effective and may only be extended or modified as provided for in Chapter 16.602, Common Procedures, Sections 16.602.12, Expiration and Extension and Section 16.602.13, Revocation of Permits.

C.

Revocation. A certificate of appropriateness may be revoked in accordance with Chapter 16.615, Enforcement and Abatement.

The provisions of this chapter establish procedures and requirements to ensure compliance with the Zoning Code. These provisions shall apply to the enforcement of this code but shall not be deemed to exclude other measures. The provisions of this chapter are applicable not only to private persons, firms, corporations, agencies and organizations, but also to all public agencies to the extent permissible by law.

A.

Duty to Enforce. It shall be the duty of the director to enforce all of the provisions of the Zoning Code, including all permits, conditions of approval, and non-conforming uses. All officials, departments, and employees of the city vested with the authority to issue permits, certificates, or licenses shall adhere to, and require conformance with this Zoning Code, and any such permit certificate or license issued in conflict with the provisions of this Zoning Code shall be null and void.

B.

Deputies. The authority granted in the Zoning Code to the director may be delegated to a person or persons under the director's supervision.

C.

Violation. Whenever any building, structure or premises is being used in violation of any provision of the Zoning Code, the director may by written notice order the owner or user or both to discontinue such use and to vacate such building, structure or premises. The person so notified shall discontinue the use or modify the use to comply with the provisions of this Zoning Code within fifteen days after receipt of such written notice.

The setting up, erection, construction, alteration, enlargement, conversion, moving or maintenance of any building or structure contrary to the provisions of this Zoning Code, and any use of land, building or premises established, conducted, operated or maintained contrary to the provisions of this Zoning Code is a public nuisance.

A.

For purposes of this chapter, a "permit" includes any minor use permit, major use permit, development review permit, exception, planned development permit or any other land use entitlement granted by the director or his or her designee, the planning commission, architectural heritage and landmarks commission and design review board, as may be applicable, pursuant to the requirements of the Zoning Code.

B.

No permit issued pursuant to the provisions of the Zoning Code may be revoked except in compliance with the procedures of this chapter.

C.

Whenever the director or his or her designee has sufficient cause to believe that the holder of a permit is in violation of the provisions of the Zoning Code, or has failed to maintain a use in accordance with the specific conditions of approval attached to the permit, the director or his or her designee shall give notice to the property owner(s) and the occupant(s) that the manner of use of the property is violation with the provisions of this Zoning Code or the conditions of approval attached to the permit. The notice shall specify the violation(s) and identify the date by which the corrective action(s) must occur.

D.

If the corrective action specified by the director or his or her designee does not occur within fifteen days of the date of the notice, the director or his or her designee shall issue a written notice of hearing before the planning commission on the proposed permit revocation, together with written notification of the specific grounds of complaint against the property owner(s) and the occupant(s). Proposed permit revocations for historic districts and landmark properties shall be heard by the architectural heritage and historic preservation commission and the design review board shall hear proposed permit revocations for properties in the DMX and WMX Zoning Districts. The written hearing notices shall be personally delivered or sent by certified mail to the property owner and the occupant at least fourteen calendar days prior to the hearing.

E.

The public hearing on the permit revocation shall be scheduled for consideration by the planning commission, architectural heritage and landmarks commission or design review board, based on Table 16.601-A: Permit Review Authority for the original permit, within sixty calendar days of the date set in the notice and shall be in accordance with the provisions of the Zoning Code. The review authority for the original permit may revoke, modify or take no action on the permit. Any additional conditions imposed on the permit shall be in keeping with the applicable standards for the use and the zoning district in which the property is located.

F.

The review authority for the original permit shall be hand delivered or mailed to the property owner and the occupant.

G.

The review authority for the original permit shall make its decision within thirty calendar days of the public hearing.

H.

The decision of the review authority for the original permit shall be final.

I.

In the event a permit is revoked pursuant to this chapter, a new permit for the same use may not be issued for twelve months after the date of such revocation.

A permit may be revoked by the city on the basis of any of the following:

A.

That the business or activity has been conducted in a manner which violates the provisions of this Zoning Code or is a public nuisance in violation of the Vallejo Municipal Code or fails to adhere to one or more of the conditions of approval imposed upon the issuance of the permit, or which fails to conform to the plans and procedures described in the application.

B.

That the permittee has failed to obtain or maintain all required city and state licenses and permits required for its operation.

C.

That the permittee is engaging in a use that is not allowed or a use that is different from that for which the permit was issued.

D.

The permit was obtained by fraud; or where the conditions of such permit have not been or are not complied with.

E.

Conditions of approval. Any condition of approval attached to the granting of a minor or major use permit, planned development permit, variance, or development review permit approval, or any other permit or approval provided for in this Zoning Code shall have the same force and effect as if it were a requirement mandated by this Zoning Code. Maintaining a use in the absence of or in a manner inconsistent with, a previously imposed condition of approval is a public nuisance.

Whenever under the provisions of this Zoning Code notice is required to be mailed to property owners, such notice shall be addressed to the person or persons listed as the owner of the real property in the most current equalized assessment roll of Solano County available at the time the notice is prepared at owner's last known place of address as shown therein.

A.

The failure of any property owner to receive such notice shall not invalidate the proceeding that has been noticed.

B.

The procedures set forth herein shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances by all other remedies, including Chapters 1.12, 1.14, and 1.15 Vallejo Municipal Code, or through other legally established procedures.

C.

Appeals of administrative citations issued for violations of the Zoning Code shall be heard by either the planning commission, architectural heritage and landmarks commission or design review board in accordance with the procedures stated in Chapter 1.15 of the Vallejo Municipal Code. Their decisions shall be final. See Table 16.601-A: Permit Review Authority.