The purpose of this chapter is to establish uniform procedures that are common to the application, preparation, filing, and processing of a variety of different land use and development permits and approvals. For procedures specific to different permit types, see Part IV, Land Use and Development Permits.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
This chapter establishes uniform procedures for all land use and development permits and approvals provided for in the Zoning Ordinance, unless superseded by a specific requirement of the Land Use and Development Code or by state law.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
A. 
Applicant. An applicant may be any person or agency authorized to submit a development application to the City. For requests involving a specific site or property, an applicant may be the owner of property or the owner's authorized agent. If the application is made by someone other than the owner or the owner's agent, proof, satisfactory to the Director of Community Development, of the right to use and possess the property as applied for, shall accompany the application.
B. 
Application Materials.
1. 
Application Forms and Submittal Requirements. The Director of Community Development shall prepare and issue application forms and lists that specify the information required from applicants for projects subject to the provisions of this title. All applications shall include the information specified on these forms and lists.
2. 
Supporting Materials. The Director of Community Development may require the submission of supporting materials as part of preparing a complete application, including but not limited to statements, photographs, plans, drawings, renderings, models, material samples and other items necessary to describe existing conditions and the proposed project, and to determine the required level of environmental review pursuant to the California Environmental Quality Act (CEQA). Additional information required for the environmental review may be required after a determination of application completeness, if necessary to meet the requirements of CEQA.
3. 
Availability of Materials. All material submitted becomes the property of the City, although the City does not own the rights to the content, and materials may be distributed to the public, and shall be made available for public inspection. At any time upon reasonable request, and during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the Planning Division offices. Unless prohibited by law, copies of such materials shall be made available at a reasonable cost.
C. 
Multiple Applications.
1. 
Concurrent Filing. An applicant for a project which requires more than one development application (e.g., conditional use permit and planned development) shall file all related applications concurrently, together with all application fees. The concurrent filing requirements may be waived by the Director of Community Development.
2. 
Concurrent Processing. Multiple permits for the same project shall be processed concurrently and shall be reviewed and decided on by the highest decision maker for any of the permits.
D. 
Application Fees.
1. 
Fee Schedule. The Council shall approve by resolution a municipal fee schedule that establishes fees for permits, informational materials, penalties, copying, and other such items.
2. 
Fee Payment. All required application fees or deposits must be submitted prior to an application being deemed complete and application processing.
3. 
Fee Waiver. No fee shall be required when the applicant is the City, or if the fee is waived or reduced under any other provision of the Vacaville Municipal Code.
4. 
Refund of Fees. Application fees are non-refundable unless otherwise provided for in the Vacaville Municipal Code or by policy of the City Council, or if an application is withdrawn unused fees or deposits may be refunded to an applicant in an amount at the discretion of the Director of Community Development.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
Pre-application meeting is a required meeting between the applicant and City staff, that is intended to provide feedback on the readiness of the application submittal.
A preliminary review is an optional review process that is intended to provide information on relevant policies, zoning regulations, and procedures.
A. 
Exemption from Permit Streamlining Act. Pre-application review is not subject to the requirements of the California Permit Streamlining Act. An application that is accepted for pre-application review shall not be considered complete pursuant to the requirements of the Permit Streamlining Act unless and until the Director of Community Development has received an application for approval of a development project, reviewed it, and determined it to be complete under Section 14.09.030.050, Review of Applications.
B. 
Procedures. A prospective applicant may submit an optional preliminary review consisting of a preliminary project description, preliminary plans, and designs. The Director of Community Development shall conduct a preliminary review of the submittal and inform the applicant of applicable City requirements, provide a preliminary list of issues that will likely be of concern, and may suggest possible alternatives or modifications to the project. The Director of Community Development may consult with or request review by any City agency or official with interest in the application.
C. 
Recommendations Are Advisory. Neither the pre-application review nor the provision of information and/or pertinent policies shall be construed as either a recommendation for approval or denial of the application or project by City staff. Any recommendations that result from pre-application review are considered advisory only and shall not be binding on either the applicant or the City.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
A. 
Initial Completeness Review. In compliance with the Permit Streamlining Act, the Director of Community Development shall determine whether an application is complete within 30 calendar days of the date the application is filed and the required fee is received. Legislative actions (i.e., City Council) are not subject to the 30-day time limit for determination that an application is complete.
B. 
Incomplete Application. If an application is deemed incomplete, the Director of Community Development shall provide written notification to the applicant listing the applications for permit(s), forms, information, and any additional fees that are necessary to complete the application.
1. 
Zoning Code Violations. A determination of application completeness may also include notification to an applicant of any conditions existing on the site that are in violation of this title or any permit or other approval granted in compliance with this title. The applicant may modify their application to remedy the violation, or the project may be conditioned as part of project approval to correct the code violation prior to commencing uses, activities and/or improvements.
2. 
Submittal of Additional Information. The applicant shall provide the additional information within 180 calendar days from the date the project is deemed to be incomplete. The Director of Community Development may grant one extension of up to 90 calendar days.
3. 
Expiration of Application. If an applicant fails to correct the specified deficiencies within the specific time limit, the application shall expire and be deemed withdrawn, unless an extension is granted by the Director of Community Development. After the expiration of an application, review shall require the submittal of a new, complete application, along with all required fees.
C. 
Complete Application. In accordance with the Permit Streamlining Act, when an application is deemed complete, the Director of Community Development shall make a record of that date and proceed with processing the application. If an application requires a public hearing, the Director of Community Development shall schedule it and notify the applicant of the date and time, pursuant to Section 14.09.030.070, Public Notice.
D. 
Referral of Application. At the discretion of the Director of Community Development, or where otherwise required by this title, state or federal law, applications filed in compliance with this title may be referred to any City department or public agency that may be affected by or have an interest in the proposed land use project.
E. 
Extensions. The Director of Community Development may, upon written request and for good cause, grant extensions of any time limit for review of applications imposed by this title.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
All projects shall be reviewed for compliance with the California Environmental Quality Act (CEQA). Environmental review will be conducted pursuant to Title 14, CEQA Guidelines, of the California Code of Regulations and Divisions 13, 13.5, and 34 of California's Public Resource Code. If Title 14 of the California Code of Regulations or Divisions 13, 13.5, and 34 of California's Public Resource Code is amended, such amendments will govern City procedures.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
Unless otherwise specified, whenever the provisions of this title require public notice, the City shall provide notice in compliance with state law as follows:
A. 
Mailed Notice. At least 10 calendar days before the date of the public hearing, or 15 calendar days before the proposed date of action when no public hearing is required, the Director of Community Development shall provide notice by first class mail delivery to the following:
1. 
The applicant, the owner, and any occupant of the subject property;
2. 
All property owners of record within a minimum 600-foot radius of the subject property as shown on the latest available assessment roll or a larger radius if deemed necessary by the Director of Community Development in order to provide adequate public notification;
3. 
All neighborhood and community organizations that have previously filed a written request for notice of projects in the area where the site is located; and
4. 
Any person or group who has filed a written request for notice regarding the specific application.
5. 
Notification shall be provided within 400 feet of property lines for projects subject to discretionary review by the Director of Community Development. All other projects shall provide notification to property owners and existing tenants within 600 feet of property lines.
B. 
Alternative Method for Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than 1,000, and for legislative decisions such as a code amendment, instead of a mailed notice, the Director of Community Development (or City Clerk for City Council hearings) may provide notice by placing a display advertisement of at least one-eighth of a page in at least one newspaper of general circulation in the City, at least 10 calendar days prior to the hearing.
1. 
Posted Notice. For any hearing involving a specific property/site, the Director of Community Development shall require notice be posted in a format approved by the Director of Community Development, in a prominent place on or near the subject property site; and/or a public place such as City Hall or the public library at least 10 calendar days prior to the hearing.
2. 
Newspaper Notice. At least 10 calendar days before the date of either Planning Commission or City Council public hearings or the proposed date of action when no public hearing is required, the Director of Community Development shall publish a notice in at least one newspaper of general circulation in the City.
3. 
Contents of Notice. The notice shall include the following information:
a. 
The location of the real property, if any, that is the subject of the application;
b. 
A general description of the proposed project or action;
c. 
The date, time, location, and purpose of the public hearing or the proposed date of action when no public hearing is required;
d. 
The identity of the hearing body or officer;
e. 
The names of the applicant and the property owner that is the subject of the application;
f. 
The location and times at which the complete application and project file, including any environmental assessment prepared in connection with the application, may be viewed by the public;
g. 
A statement that any interested person or authorized agent may appear and be heard;
h. 
A statement describing how to submit written comments and the deadline for submittal of written comments; and
i. 
For City Council hearings, the Planning Commission recommendation.
C. 
Failure to Notify Individual Properties. The validity of the proceedings shall not be affected by the failure of any property owner, resident, or community organization to receive a mailed notice.
D. 
Optional Public Notice. The Director of Community Development may permit additional noticing of public hearings on social media platforms available on the internet to augment traditional forms of public noticing and consistent with any adopted City Council policies for additional public noticing. Suitable projects that may be considered for optional public noticing include those that may result in major policy changes, affect large neighborhoods or districts, or that may have strong public interest.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023)
When the decision maker makes a decision to approve, approve with conditions, modify, revoke, or deny any discretionary permit under this title, the decision maker shall issue a notice of action and make findings of fact as required by this title.
A. 
Date of Action. The decision maker shall decide to approve, modify, revoke, or deny any discretionary permit following the close of the public hearing, or if no public hearing is required, within the time period set forth below. These deadlines do not apply to any action that has been appealed to the City Council in accordance with Section 14.09.030.120, Appeals. Time extensions may be granted pursuant to Section 14.09.030.100, Expiration and Extension.
1. 
Project Exempt From Environmental Review. Within 30 calendar days of the date the City has determined an application to be complete, a determination must be made whether the project is exempt from environmental review per state CEQA requirements.
2. 
Project for Which a Negative Declaration or Mitigated Negative Declaration Is Prepared. Within 60 calendar days of the date a negative declaration or mitigated negative declaration has been completed and adopted for project approval, the City shall take action on the accompanying discretionary project.
3. 
Project for Which an EIR Is Prepared. Within 180 calendar days from the date the decision maker certifies a final EIR, the City shall take action on the accompanying discretionary project.
B. 
Notice of Action. After the Director of Community Development or Planning Commission takes any action to approve, modify, or deny an application that is subject to appeal under the terms of this title, the Director of Community Development shall issue a notice of action. The notice shall describe the action taken, including any applicable conditions, and shall list the findings that were the basis for the decisions. The Director of Community Development shall file the notice with the City Clerk and mail the notice to the applicant and to any other person or entity that has filed a written request for such notification with the Planning Division.
C. 
Findings. Findings, when required by state law or this title, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action on the permit.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
A. 
Scope. The scope of approvals includes only those uses and activities proposed in the application, excluding other uses and activities. Unless otherwise specified, the approval of a new use shall terminate all rights and approvals for previous uses no longer occupying the same site or location.
B. 
Conditions. The application exhibits, including site plan, floor plans, building elevations, and/or any additional information or representation, whether oral or written, indicating the proposed use and manner of operation submitted with an application or submitted during the approval process and any conditions specified and adopted by the decision maker shall be deemed conditions of approval. Any approval may be subject to any conditions specified by the City and adopted with the project approval requirements that the applicant guarantees, warranties, or ensures compliance with submitted plans and conditions in all respects.
C. 
Actions Voiding Approval. If the construction of a building or structure or the use established is contrary to the description or illustration in the application, so as to either violate any provision of this title or require additional permits, then the approval shall be deemed in violation of this title and subject to enforcement action as provided by Chapter 14.01.040 of this code, Enforcement. If the construction or use does not substantially comply with the approval the construction or use may be subject to enforcement and the Director of Community Development has the discretion to initiate enforcement action to correct any such violations.
D. 
Periodic Review. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring, or assessments, it shall be the responsibility of the permit holder, the property owner, or successor property owners to comply with such conditions.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
A. 
Effective Dates. A final decision on an application for any approval subject to appeal shall become effective after the expiration of the 10-day appeal period following the date of action unless an appeal is filed.
B. 
Expiration. Permits and project approvals shall lapse and become void two years after the approval date unless a greater time period is granted by the decision maker, or unless any of the following occurs:
1. 
A building permit is issued for the approved project and is active;
2. 
If no building permit is required, and the use is initiated in accordance with the applicable conditions of approval;
3. 
A complete application for a time extension has been filed and related fees have been paid. The original approval shall then be extended until a determination is made to approve, conditionally approve, or deny the time extension application; or
4. 
The two-year expiration date is pre-empted by a superior law that provides for a different expiration time period.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
If an applicant would like to modify an approved permit for a use, structure or other approval for which a land use or building permit has been approved (including after project completion), the Director of Community Development shall determine the level of permit modification that shall be required based on the following criteria for either substantial compliance, minor revisions, or major revisions, as follows. A permit modification may also require design review approval.
A. 
Modification Application.
1. 
Substantial Compliance. A determination of the Director of Community Development that a use or activity and/or structure is being used, is proposed to be modified, or has been partially or completely constructed, in accordance with approved entitlements, plans and/or permits.
2. 
Minor Revisions. Minor revisions to approved plans and permits must meet the following criteria:
a. 
Consistent with the original findings and conditions of approval, including site and building design;
b. 
Does not substantially expand the approved floor area or height of a building;
c. 
Would not intensify the use; and
d. 
Would not result in any new or intensified effects, unless waived by the City.
3. 
Major Revisions. Major revisions to approved plans and permits shall be decided on by the same level of decision maker as the original approval, and must meet the following criteria:
a. 
Proposal to change or eliminate conditions of approval, and/or would not be consistent with the original findings of approval;
b. 
Proposal to revise an approved site plan or building plan that would affect a condition of approval;
c. 
The proposal would substantially expand the approved floor area or height of a building in a way that would conflict with any applicable criteria identified in this section; and
d. 
Proposed revision that would result in a new or intensified potential impact of the project. If potential impacts would affect approved mitigation measures, then the project shall be reviewed and processed in conformance with the California Environmental Quality Act provisions for revocation of permits or approvals.
4. 
Required Findings. The decision maker, when approving a modification, shall adopt the following findings of fact:
a. 
That the proposed change is of a nature that does not require the complete redesign and resubmittal of the original project;
b. 
That the proposed change is consistent with the original project;
c. 
That the proposed change does not result in lack of compliance with the development standards approved with the original project;
d. 
That the proposed change is consistent with the findings for a design review approval;
e. 
That the proposed change is consistent with the goals, objectives, and policies of the General Plan, the Zoning Ordinance, and the Development Code.
B. 
Revocation. Any permit or entitlement granted under this title may be revoked or revised for cause if any of the conditions or terms of the permit or entitlement are violated, or if any law or ordinance is violated.
1. 
Initiation of Proceeding. Revocation proceedings may be initiated by the City Council, Planning Commission, or Director of Community Development.
2. 
Public Notice, Hearings, and Action. After conducting a duly noticed public hearing, the Planning Commission shall act on the proposed revocation, pursuant to this chapter, Common Procedures.
3. 
Required Findings. The decision maker may revoke or modify the permit if it makes any of the following findings:
a. 
Failure to comply with the original approval or with one or more of the project conditions as originally approved; or the construction or development of the subject property is not in conformance with the project as approved;
b. 
Upon a determination that the permit or entitlement was obtained or extended upon fraud or misrepresentation;
c. 
Upon a determination that the project violates a provision of the Municipal Code or is not operating in conformance with the performance standards;
d. 
The use, building, or structure has been expanded beyond what is set forth in the approval changed in character;
e. 
The use in question has ceased to exist or has been suspended for one year or more;
f. 
There is or has been a violation of or failure to observe the terms or conditions of approval, or the use has been conducted in violation of the provisions of this title, or any applicable local or state law or regulation; or
g. 
The use has been conducted in a manner detrimental to the public safety, health, and welfare, and/or is a nuisance.
4. 
Notice of Action. Following Planning Commission action to revoke or modify a permit, the Director of Community Development shall issue a notice of action within seven calendar days of the date of action. The notice of action shall describe the Commission's action with its findings. The Director of Community Development shall mail notice to the permit holder and to any person or entity who requested the revocation proceeding.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023)
A. 
Applicability. Any action by the Planning Commission or Director of Community Development in the administration or enforcement of the provisions of the Zoning Ordinance may be appealed in accordance with this section. Failure to exhaust all administrative remedies as specified in this section may jeopardize an appellant's opportunities to seek any subsequent remedy.
1. 
Decisions of the Director of Community Development. The Planning Commission is the appeal body for decisions of the Director of Community Development.
2. 
Decisions of the Planning Commission. The City Council is the appeal body for decisions of the Planning Commission.
B. 
Who May File an Appeal. Any interested party may appeal a final action of the Director of Community Development or Planning Commission during the appeal period set forth in this code.
C. 
Call for Review. In lieu of filing an appeal, members of the City Council and the Planning Commission, the City Manager, and the Director of Community Development may call an action for review prior to expiration of the appeal period, as detailed below. A call for review is not subject to the appeal filing requirements or payment of a filing fee. The call for review otherwise will be processed as an appeal.
1. 
Any member of the Planning Commission may call for review any action of the Director of Community Development. The application will be heard by the Planning Commission.
2. 
Any member of the City Council may call for review an action of the Director of Community Development or the Planning Commission. The application will be heard by the City Council, unless the City Councilor requests that an action of the Director of Community Development be heard by the Planning Commission.
3. 
The City Manager or Director of Community Development may call for review an action of the Planning Commission. The application will be heard by the City Council.
D. 
Time Limits. Unless otherwise specified in state or federal law, all appeals shall be filed in writing within 10 calendar days of the date which the action was taken, except for minor use permits, which have a five-calendar-day appeal period. In the event an appeal period ends on a Saturday, Sunday, or any other day the City is closed, the appeal period shall end at the close of business on the next consecutive business day.
E. 
Procedures for Filing an Appeal. The appellant shall file the appeal on a form specified by the Director of Community Development. The appeal shall include the following:
1. 
An appeal fee as specified by Council resolution;
2. 
Reference to the action that is being appealed;
3. 
A written description of the specific grounds for the appeal, including why the appellant contends the action is not in accordance with this code, where there was an error or abuse of discretion, where the record includes inaccurate information, or how a decision is not supported by evidence in the record;
4. 
A description of how the appellant requests the action be reversed or modified; and
5. 
An appeal is void upon failure to adequately provide any of the requirements above, subject to the determination of the Director of Community Development.
F. 
Appeal Hearing and Standards of Review.
1. 
The hearing on the appeal shall be a new hearing. Any party may appear and provide additional testimony or evidence.
2. 
The hearing shall be held according to review body's hearing process.
3. 
When reviewing any decision on appeal, the appeal body shall use the same standards for decision making required for the original decision. The appeal body may adopt the same decision and findings as were originally approved; it also may request or require changes to the application as a condition of approval.
G. 
Decision on Appeal. The appeal body may affirm, modify, or reverse the prior action. The appeal body shall base its decision on the applicable standards and criteria. The appeal body shall adopt findings supporting its decision based on the criteria.
H. 
Effect of Approval While an Appeal Is Pending.
1. 
Approvals shall be suspended if an appeal is filed in accordance with the provisions of this section pending resolution of the appeal.
2. 
Prior to expiration of the appeal period, and prior to an appeal being filed under this section, the applicant may be issued building permits or construction permits and commence work or operation and provided the following occur:
a. 
The Director of Community Development determines there were no written comments or oral testimony during the public comment period or hearing that would indicate substantive opposition to the decision rendered;
b. 
The applicant submits a written waiver of right to appeal the decision and acknowledgement that any work done is at the applicant's risk, as indicated in Section 14.09.030.130, Duty to Indemnify and Defend City;
c. 
If an approval is modified by a subsequent appeal, the project shall be redesigned or altered to be consistent with the required change; and
d. 
If approval is overturned by a subsequent appeal, all permits issued become void and the applicant shall be responsible for removing any structure, portion of a structure, or improvements constructed to date.
I. 
Scheduling the Appeal. An appeal shall be scheduled for public hearing on the next available Planning Commission agenda, as determined by the Director of Community Development, or, if applicable, on the next available City Council agenda, as determined by the City Clerk.
J. 
Notice. The Director of Community Development or the City Clerk shall provide notice of the public hearing in accordance with the provisions of Section 14.09.030.070, Public Notice. Notice shall be given to the same persons and agencies as when the action was originally taken on the project, to the appellant, and to any persons submitting written comments prior to the original action.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
Except as otherwise provided by law (e.g., Government Code Section 66474.9), any applicant who receives a permit, entitlement, or approval pursuant to the Zoning Ordinance shall defend, indemnify, and hold harmless the City and its agents, officers, officials, and employees from any claim, action, challenge, or proceeding (collectively "actions") brought against the City and its agents, officers, officials, and employees which arises from or is related to the permit, entitlement, or approval issued by the City, including but not limited to actions:
A. 
Brought by a third party to attack, overturn, set aside, void, or annul such permit, entitlement, or approval; or
B. 
Brought by a third party in connection with, or arising out of applicant's ownership, occupancy, use or development of the property, or any portion thereof, for which the permit, entitlement, or approval was issued, including, but not limited to, the installation or construction of improvements thereon. City shall promptly notify applicant of any action and shall fully cooperate in the defense of any action.
(Ord. 1972, Repealed and Replaced, 02/22/2022)