Chapter 14.09.270
Standards For Specific Uses And Activities
Sections:
14.09.270.040 Accessory Dwelling Units.
14.09.270.050 Adult-Oriented Businesses.
14.09.270.060 Alcoholic Beverage Sales.
14.09.270.080 Commercial Cannabis Business Regulations.
14.09.270.090 Drive-Through Facilities.
14.09.270.100 Farmer’s Market.
14.09.270.110 Heliports, Helistops, and Helicopters.
14.09.270.120 Home Occupations.
14.09.270.130 Outdoor Dining and Seating.
14.09.270.140 Outdoor Display and Sales.
14.09.270.150 Recycling Facilities.
14.09.270.160 Residential Uses in Commercial and Employment Districts.
14.09.270.170 Telecommunication Facilities.
14.09.270.190 Urban Agriculture.
14.09.270.200 Low-Barrier Navigation Center Regulations.
14.09.270.010 Purpose.
The purpose of this chapter is to establish standards for specific uses and activities that are permitted or conditionally permitted in several or all zoning districts. These provisions are supplemental standards and requirements to minimize the impacts of these uses and activities on surrounding properties and to protect the health, safety, and welfare of their occupants and of the general public.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.270.020 Applicability.
Each land use and activity covered by this chapter shall comply with the requirements of the section applicable to the specific use or activity, in addition to any applicable standard this title requires in the district where the use or activity is proposed and all other applicable provisions of this title.
The uses that are subject to the standards in this chapter shall be located only where allowed by base, specific plan, and overlay district use regulations.
The uses that are subject to the standards in this chapter are allowed only when authorized by the planning permit required by district regulations, such as a conditional use permit, except where this chapter establishes a different planning permit requirement for a specific use.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.270.030 Accessory Uses.
Accessory uses that are clearly incidental and subordinate to a principal use on the site may be allowed in conjunction with the principal use to which it relates. Accessory uses shall be subject to the same regulations as the principal use and any standards applicable to specific uses and activities found in this chapter.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.270.040 Accessory Dwelling Units.
A. Purpose. The California Legislature has declared that accessory dwelling units are a valuable and essential component of California’s housing supply. Accessory dwelling units provide a form of lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting the character of the neighborhoods. The purpose of this section is:
1. To promote and encourage the creation of legal accessory dwelling units in a manner that enhances residential neighborhoods and helps residents meet their housing needs.
2. To provide the opportunity for the development of small rental housing units designed to meet the special housing needs of families and individuals.
3. To establish development requirements for the creation of accessory dwelling units.
4. To incorporate Section 65852.2 of the California Government Code requirements regarding accessory dwelling units into the City’s regulations and development standards.
5. To provide for the creation of junior accessory dwelling units in residential zones and mixed-use zones.
B. Number and Permitted Location.
1. One accessory dwelling unit is allowed in all residential or mixed-use zoning districts where single-family dwellings are a permitted or conditional use and where there is one existing or proposed single-family dwelling on site, subject to the standards of this chapter. The accessory dwelling unit may be attached to, detached from, or located entirely within the living area of the existing primary single-family dwelling.
2. One junior accessory dwelling unit is allowed in all residential or mixed-use zoning districts where single-family dwellings are a permitted or conditional use and where there is one existing or proposed single-family dwelling on site, subject to the standards of this chapter. A junior accessory dwelling unit may be in addition to one approved accessory dwelling unit on that site. Junior accessory dwellings are not permitted within multifamily dwelling structures or sites.
3. Accessory dwelling units may be created within a multifamily dwelling in all residential and mixed use zones provided they are created outside of the living area of any dwelling unit, such as within storage rooms, boiler rooms, passageways, attics, basements, or garages. This does not include closets, family/living rooms, or hallways within any dwelling unit. The maximum number of accessory dwelling units allowed within each multifamily dwelling is one or 25 percent of the number of existing apartments within the multifamily dwelling, whichever is greater.
4. Up to two detached accessory dwelling units are allowed on a lot that has an existing multifamily dwelling provided the accessory dwelling units do not exceed 16 feet in height.
5. An accessory dwelling unit shall not count toward the minimum or maximum allowable density for the site upon which the accessory dwelling unit is located.
C. Process.
1. Ministerial Review. A request for an accessory dwelling unit or junior accessory dwelling unit shall be subject to ministerial review by the Community Development Director of Community Development for compliance with the provisions of this section. The Director of Community Development shall take action within 60 calendar days of receiving a complete application. If the applicant requests a delay, the 60-day time period shall be tolled for period of the delay. Approval shall be subject to the issuance of a building permit. The application shall clearly indicate that the request is for an accessory dwelling unit and/or a junior accessory dwelling unit.
2. Alternative Discretionary Review. When a request for an accessory dwelling unit does not comply with the provisions of this section, the applicant may elect to use any of the following alternative discretionary review processes:
a. If a proposed accessory dwelling unit does not meet the architectural development standards identified in this section, the applicant may elect to have the application reviewed using the discretionary design review process described in Chapter 14.09.290 of this code, Design Review. The decision maker may vary the architectural standards in this section provided the design review criteria are met.
b. If a proposed accessory dwelling unit is on any site that contains any resource listed in the California Register of Historic Resources or on any abutting site, the applicant may elect to have the application reviewed using the discretionary historic design review process described in Chapter 14.09.130 of this code, Historic Preservation (HP) Overlay District. The decision maker may allow exterior alterations to the building or site provided the applicable historic review criteria are met.
c. If a proposed accessory dwelling unit does not meet the yard, setback, height or site coverage requirements in this section, the applicant may elect to apply for an administrative clearance process using the discretionary process described in Chapter 14.09280 of this code, Zoning Clearance, or a variance using the discretionary process described in Chapter 14.09.320 of this code, Variances.
d. Proposed accessory dwelling units in residential zoning districts that conditionally permit single-family dwellings shall be subject to a conditional use permit process described in Chapter 14.09.300 of this code, Use Permits.
3. Alternative Concurrent Review. While accessory dwelling units and junior accessory dwelling units are subject to ministerial review, construction of structures that could later be eligible for conversion to accessory dwelling units may be subject to discretionary review processes such as design review, conditional use or planned development review. Normally these processes shall be completed prior to an applicant filing for an accessory dwelling unit or junior accessory dwelling unit. At the applicant’s request, the applicant may choose to have the accessory dwelling unit, or junior accessory dwelling unit application reviewed concurrently with the discretionary review application. Such concurrent review does not change the standards, criteria, or process for review of the discretionary application.
D. Development Standards for Accessory Dwelling Units.
1. Site Coverage.
a. New Construction and Additions.
i. New accessory dwelling units with 800 square feet or less gross floor area are not subject to site coverage standards;
ii. For any accessory dwelling unit with over 800 square feet gross floor area proposed within a new detached structure or an addition to an existing structure that increases the site coverage of the lot, the maximum site coverage for all structures on the site shall be no more than 10 percent above the maximum allowable site coverage of the underlying district, as identified in Chapter 14.09.060 of this code, Residential Zoning Districts. For example, if the maximum allowable site coverage for a district is 40 percent, the maximum allowable site coverage may be up to 50 percent of the site covered for the purpose of constructing an accessory dwelling unit.
b. Converted Structures. Conversions of existing legally established structures to accessory dwelling units shall not be subject to nor required to meet site coverage standards.
2. Rear Yard Coverage.
a. New accessory dwelling units with 800 square feet or less gross floor area are not subject to rear yard coverage standards.
b. The maximum required rear yard coverage for accessory dwelling units with over 800 square feet gross floor area may be increased from 20 percent to no more than 35 percent for the purpose of constructing a new detached accessory dwelling within the required rear yard.
3. Permitted Size.
a. Minimum Living Area. The minimum living area of an accessory dwelling unit shall be 150 square feet.
b. Maximum Living Area. The maximum living area of accessory dwelling units shall not exceed the following:
i. If the accessory dwelling unit is detached: 1,200 square feet.
ii. If the primary dwelling has 1,700 square feet or less living area and an attached accessory dwelling unit provides one or fewer bedrooms: 850 square feet.
iii. If the primary dwelling has 2,000 square feet or less living area and an attached accessory dwelling unit provides two or more bedrooms: 1,000 square feet.
iv. In all other cases: 50 percent of the living area of the primary dwelling or 1,200 square feet, whichever is less.
c. When calculating the maximum permitted living area of the accessory dwelling unit, the size of the primary dwelling is the total of the living area of the primary dwelling after creation of the proposed accessory dwelling unit.
d. In all cases, the smaller dwelling unit shall be considered the accessory dwelling unit, and the larger unit shall be considered the primary dwelling unit.
4. Yard, Setback, and Height Requirements.
a. New Detached Accessory Dwelling Units.
i. New detached accessory dwelling units measuring 12 feet or less in height shall meet the setbacks applicable to accessory structures on that site, or four feet side and rear yard setbacks, whichever is less.
ii. New detached accessory dwelling units measuring over 12 feet in height shall meet the yard, setback, and height standards otherwise applicable to the primary dwelling on that site, as identified in Chapter 14.09.060 of this code, Residential Zoning Districts, or four feet side and rear yard setbacks, whichever is less.
b. New Attached or Expanded Accessory Dwelling Units.
i. Building additions to a primary single-family dwelling to accommodate an accessory dwelling unit shall meet the yard, setback, and height standards otherwise applicable to a residential addition to the primary single-family dwelling in that district, or four-foot side and rear yard setbacks, whichever is less.
ii. A building addition to an existing secondary structure or accessory structure on the same lots as a primary single-family dwelling to accommodate an accessory dwelling unit measuring 12 feet or less in height shall meet the yard and setback requirements otherwise applicable to accessory structures on that site, or a minimum four-foot side setback and rear setback; whichever is less.
iii. A building addition to an existing secondary structure or accessory structure on the same lots as a primary single-family dwelling to accommodate an accessory dwelling unit that exceeds 12 feet in height shall meet the yard, setback, and height standards otherwise applicable to the primary single-family dwelling on that site or a minimum four-foot side setback and rear setback; whichever is less.
iv. A building addition to multifamily dwelling or to an existing secondary structure or accessory structure on the same lot as multifamily dwelling to accommodate an accessory dwelling unit shall meet the yard, setback, height, and other requirements that would otherwise be required for an addition adding living area to the dwelling or structure.
c. Conversions of Existing Structures to Accessory Dwelling Units.
i. Accessory dwellings units that are created within the existing primary dwelling or within an accessory structure or secondary structure on the same lot as the primary dwelling are not subject to additional height or setback requirements.
ii. Illegally constructed structures may not be converted to an accessory dwelling unit.
iii. Removal of an existing structure and replacement with a new structure housing an accessory dwelling unit in the same location and to the same dimensions as existing structure is not subject to additional yard, setback or height requirements. Any other replacement is subject to the yard, setback, and height requirements applicable to new detached or attached accessory dwelling units, as applicable, and as described above. Removal of an existing structure includes removal of the walls or roof structure existing as of the effective date.
5. Independent Entrance. All accessory dwelling units shall have exterior access independent from the primary dwelling.
6. Architectural Requirements. The following architectural requirements apply to new detached accessory dwelling units and new or expanded accessory dwelling units in building additions:
a. The accessory dwelling shall be constructed with the same roofing and siding materials and colors as the primary dwelling.
b. The entrance to the accessory dwelling unit shall not be on the same building frontage as the entrance to the primary dwelling unless the proposed accessory dwelling unit has no other exterior wall that could accommodate an entrance in compliance with all applicable standards. In such cases, the entrance door shall be painted to match the color of the adjoining wall.
c. The roof pitch shall be the same as the roof pitch existing on at least 25 percent of the primary dwelling.
d. Trim around windows and doors shall be same style as the trim around windows and doors on the primary dwelling.
e. Exterior stairways leading to an accessory dwelling unit shall not be constructed in the required front yard for the underlying zoning district and shall be set back a minimum of four feet from any side or rear property line.
7. Manufactured Homes. A manufactured home may be used as an accessory dwelling unit provided it meets the standards for new detached accessory dwelling units in this section, including the yard, setback, height, and architectural requirements. The manufactured home shall be constructed on a permanent foundation. Other types of portable or temporary housing, such as mobile homes, recreational vehicles, or tents may not be used as accessory dwelling units.
8. Fire Sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary dwelling.
9. Landscaping. Accessory dwelling units shall meet the landscaping standards of Chapter 14.09.060 of this code, Residential Zoning Districts.
10. Historic Resources. For any accessory dwelling unit proposed on or adjacent to any property that is listed in the California Register of Historic Resources, the following additional requirements apply:
a. If the unit is created entirely within an existing historic structure, exterior changes to that structure shall be limited to creation of required openings, stairs, and landings. Such changes shall duplicate the style of existing features on the structure.
b. If the unit is attached to an existing historic structure, new exterior features shall be designed to duplicate and continue the exterior features and materials of the existing structure. The roofline of the addition shall be a continuation of the roof line of the existing structure or be below the roof line of the existing structure. The existing structure shall not be modified except to provide required attachments.
c. If the unit is created within a new detached structure on a site containing a historic resource, the structure shall either be constructed to duplicate the architectural style and materials of the existing or a prior structure on the site.
d. If the unit is created on a site adjacent to a historic property and would be visible from the historic property, the unit shall be located as far as possible from the property line of the historic property and still meet the standards of this chapter.
E. Parking Requirements for Accessory Dwelling Units.
1. Each accessory dwelling unit shall provide a minimum of one parking space per accessory dwelling unit, except in any instances where parking for the accessory dwelling unit is not required by state law, including:
a. The accessory dwelling unit is located within one-half mile walking distance of public transit, as defined in Government Code Section 65852.2(j)(10).
b. The accessory dwelling unit is located within an architecturally and historically significant historic district.
c. The accessory dwelling unit is part of the existing primary dwelling or an existing accessory structure or secondary structure.
d. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
e. When there is a car share vehicle located within one block of the accessory dwelling unit.
f. The accessory dwelling unit is a studio unit.
2. Required parking spaces may be provided as tandem parking on an existing driveway and in setback areas.
3. Parking shall be provided for the primary dwelling in accordance with Chapter 14.09.230, Parking and Loading. However, when a garage, carport, or covered parking structure is demolished in conjunction with an accessory dwelling unit or converted to an accessory dwelling unit, there shall be no requirement to replace the off-street parking spaces.
F. Owner Occupancy and Deed Restrictions for Accessory Dwelling Units.
1. For any permit for an accessory dwelling unit issued on or after January 1, 2025, on a lot that includes a proposed or existing single-family dwelling, either the primary single-family dwelling unit or the accessory dwelling unit shall be occupied by owner of the site upon which the accessory dwelling unit is located. In the event ownership is through a trust, partnership (general, limited, limited liability, or limited liability limited), joint venture, company (limited liability or corporation), nonprofit, or some other form of ownership other than personal individual ownership, the term “owner” shall mean such individual person designated by the trust, partnership, company, or other form of ownership to reside within either the primary single-family dwelling unit or the accessory dwelling unit. For purposes of this section, such designated person shall have an equitable interest in the trust, partnership, company, or other form of ownership at all times in order to meet the definition of the term “owner.” The owner of the site shall present satisfactory evidence to the Director of Community Development of the appointment of such designated individual person prior to the occupancy of the primary dwelling unit or the accessory dwelling unit.
2. The accessory dwelling unit shall not be rented, occupied, or offered for rental or occupancy for periods of less than 31 calendar days.
3. The accessory dwelling unit shall not be sold independently of the primary dwelling on the site.
4. For any permit subject to subsection A of this section, the property owner shall record a deed restriction in the official records of Solano County, California, which includes substantially the following restriction:
The premises include an accessory dwelling unit. In order to use the accessory dwelling unit as a dwelling, the property owner shall reside in as a principal residence, either the primary single-family dwelling or the accessory dwelling unit. If neither the primary single-family dwelling nor the accessory dwelling unit is occupied by the property owner, then the accessory dwelling unit may not be rented, leased, or occupied as a separate dwelling unit. The accessory dwelling unit shall not be rented, occupied, or offered for rental or occupancy for a period of less than 31 calendar days. The accessory dwelling unit shall not be sold independently of the primary single-family dwelling on the premises.
5. The applicant shall submit proof of deed restriction recordation to the Director of Community Development prior to receiving final building permit inspection and prior to occupancy.
G. Standards for Junior Accessory Dwelling Units.
1. A junior accessory dwelling unit shall be constructed within the walls of the existing or proposed or existing single-family residence.
2. The junior accessory dwelling unit shall not exceed 500 square feet gross floor area.
3. The junior accessory dwelling unit shall have a separate entrance from the main entrance to the proposed or existing single-family dwelling.
4. The junior accessory dwelling unit shall include an efficiency kitchen, which shall include the following:
a. A cooking facility with appliances;
b. At least one food preparation counters that is at least two square feet and total preparation counter area of no more than 100 square feet; and
c. Storage cabinet space totaling at least two cubic feet and not more than 250 cubic feet.
5. Additional parking is not required for the creation of the unit.
6. For any junior accessory dwelling unit, the owner shall occupy the junior accessory dwelling unit or the remaining portion of the single-family dwelling or an accessory dwelling unit, if one exists; unless the owner is another governmental agency, land trust, or housing organization. The term “owner” shall have the same meaning as in subsection A.(1) of this section. The owner shall record a deed restriction in the official records of Solano County, California, that includes substantially the following restriction:
The single-family dwelling on the premises includes a junior accessory dwelling unit. In order to allow occupancy of the junior accessory dwelling unit, the property owner shall reside in the single-family dwelling or the junior accessory dwelling unit. If the property owner does not reside in the single-family dwelling or the junior accessory dwelling unit, then the junior accessory dwelling unit may not be rented, leased, or occupied as a separate dwelling unit. The junior accessory dwelling unit shall not be rented, occupied, or offered for rental or occupancy for a period of less than 31 calendar days. The junior accessory dwelling unit shall not be sold independently of the single-family dwelling on the premises. The junior accessory dwelling unit may not be expanded or modified except as allowed by the laws of the City and State of California. This deed restriction may be enforced against future purchasers.
H. Conflicts and Interpretations of State Law. This chapter is intended to be consistent with the provisions of Government Code Sections 65852.2 and 65852.22. However, those sections contain a number of undefined terms, internally conflicting requirements, and requirements subject to multiple interpretations. In the event that a court of competent jurisdiction issues an opinion, the California Department of Housing and Community Development issues guidelines, or the California Legislature adopts amendments that modify, interpret or define requirements or terms, the Director of Community Development is authorized to issue an order consistent with that opinion, guidance, or modifications. Applications filed pursuant to this chapter will thereafter be reviewed for compliance with that order in lieu of any provision of this chapter determined in be in conflict with that opinion, guidance or modification.
I. Severability. This chapter is intended to be the ordinance providing for creation of accessory dwelling units as permitted by Government Code Section 65852.2(a) and the ordinance providing for creation of junior accessory dwelling units as permitted by Government Code Section 65852.22(a). If any section, subsection, phrase or clause of this chapter is for any reason held to be in conflict with state law, including any provision that would cause the ordinance otherwise to be null and void per Government Code Section 65852.2(a)(4), such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. The City Council hereby declares that it would have adopted this chapter and each section, subsection, phrase, or clause thereof irrespective of the fact that anyone or more sections, subsections, phrases, or clauses be declared in conflict with state law.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.270.050 Adult-Oriented Businesses.
A. Purpose. Adult-oriented businesses are recognized as having serious objectionable operational characteristics and adverse secondary effects, particularly when several of them are concentrated under certain circumstances, or located in direct proximity to sensitive or incompatible uses such as parks, schools, churches, and residential districts. It is the intent of this section to establish standards to prevent community wide adverse effects associated with adult-oriented businesses and ensure that adverse secondary side effects will not contribute to an increase in crime rates, to a decrease in property values, or to the blighting or deterioration of the areas in which such businesses are located or in surrounding areas. The provisions of this section are established to achieve the following purposes:
1. To provide standards which regulate the location of adult-oriented businesses to ensure such businesses are not situated in close proximity to uses which attract or are intended to cater to minors or are not located adjacent to incompatible uses;
2. To prevent the concentration or clustering of adult-oriented businesses in any one area to ensure the adverse secondary effects of adult-oriented businesses do not lead to the blighting or downgrading of surrounding neighborhoods;
3. To allow the location of adult-oriented businesses in certain appropriate zoning districts;
4. To implement the goals, objectives, and policies of the Zoning Ordinance, the Land Use and Development Code, and the General Plan.
B. Definitions. Adult-oriented use definitions are provided in Chapter 14.02.050 of this code, Definitions.
C. Applicability. Adult-oriented businesses shall be located, developed and operated in compliance with the standards of this section and Chapter 9.05 of this code, Adult-Oriented Business Permit.
D. Minimum Distance Requirements.
1. Adult-oriented business shall be located a minimum of 750 feet from any residential district or zone under the jurisdiction of the City or the county, school, park and recreation facility, community assembly use, day care center, commercial entertainment and recreation use, use frequented by minors, or other adult-oriented business.
2. When a freeway divides zoning districts and serves as a physical barrier between districts with no pedestrian pathways, the minimum distance criteria shall not apply.
3. No school, park and recreation facility, community assembly use, day care center, commercial entertainment and recreation use, or any use frequented by minors shall be established or located within 750 feet of an existing or approved adult-oriented business. In the event the City has received a completed application for a land use permit or other regulatory approval (e.g., adult-oriented business permit under Chapter 9.05 of this code, Adult-Oriented Business Permit) to establish an adult-oriented business, the City shall not accept an application for a land use permit or other regulatory approval to establish a school, park and recreation facility, community assembly use, day care center, commercial entertainment and recreation use, or any use frequented by minors that, if approved, would be located within 750 feet of the proposed adult-oriented business, until after the City has made a final decision on the application of the proposed adult-oriented business. Conversely, in the event the City has received a completed application for a land use permit or other regulatory approval to establish a school, park and recreation facility, community assembly use, day care center, commercial entertainment and recreation use, or any use frequented by minors, the City shall not accept an application for a land use permit or other regulatory approval (e.g., adult-oriented business permit under Chapter 9.05 of this code, Adult-Oriented Business Permit) to establish an adult-oriented business that, if approved, would be located within 750 feet of the proposed school, park and recreation facility, community assembly use, day care center, commercial entertainment and recreation use, or any use frequented by minors, until after the City has made a final decision on the application of the proposed school, park and recreation facility, community assembly use, day care center, commercial entertainment and recreation use, or any use frequented by minors.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.270.060 Alcoholic Beverage Sales.
A. Purpose. This section integrates state law regarding alcoholic beverage sales in areas of undue concentration with the development review process. This section outlines the review process and provides for reasonable public notice and input, establishes criteria for consideration by the decision maker, and sets forth required findings of fact. The provisions of this section are established to achieve the following purposes:
1. To implement provisions of state law related to the issuance of liquor licenses in areas of the City where there is an undue concentration of businesses engaged in the sale of alcoholic beverages;
2. To coordinate the requirements of state law with City development review procedures in order to provide an early determination of public convenience or necessity prior to the construction of improvements and facilities intended to accommodate the sale of alcoholic beverages;
3. To provide appropriate public notice and input for the proposed sale of alcoholic beverages in areas of undue concentration;
4. To establish reasonable criteria for the consideration of liquor licenses in areas of undue concentration;
5. To implement the goals, objectives, and policies of the City’s General Plan and any adopted specific plan; and
6. To protect the public health, safety, and welfare through the establishment of standards related to the issuance of liquor licenses in areas of undue concentration.
B. Reference to California Business and Professions Code. This section is intended to supplement Division 9, Alcoholic Beverages, of the California Business and Professions Code, as it pertains to retail sales of alcoholic beverages in areas of undue concentration, which is hereby incorporated by reference into this section. Where this section establishes more restrictive objectives and procedures that are unique to Vacaville and are consistent with state regulations, the more restrictive procedures shall apply.
C. Applicability. The determination of public convenience or necessity for the issuance of liquor licenses in areas of undue concentration shall be subject to the provisions of this section as described below.
1. Pursuant to state law (Section 23817.7 of the California Business and Professions Code), all alcoholic beverage sales resulting in or adding to an undue concentration of liquor licenses shall be subject to a determination that the public convenience or necessity will be served by the issuance of the liquor license. The applicant is required to show that the public convenience or necessity will be served by the proposed original or premises-to-premises transfer of any retail license within the following areas of undue concentration:
a. In a crime reporting district that has a 20 percent greater number of reported crimes as determined from all crime reporting districts within the City; or
b. In a census tract or division where the ratio of on-sale liquor licenses to population exceeds the county-wide average or where the ratio of off-sale liquor licenses to population exceeds the county-wide average.
c. The Department of Alcoholic Beverage Control (ABC) is authorized to issue a liquor license if the applicant shows that the public convenience or necessity would be served by the issuance for a nonretail license, a retail on-sale bona fide eating place license, a retail license issued for a hotel, motel, or other lodging establishment, a retail license issued in conjunction with a beer manufacturer’s license, or a winegrower’s license.
d. The Department of Alcoholic Beverage Control is authorized to issue a liquor license for all other types of alcoholic beverage sales not included in subsection C.(1)(c) of this section only upon the City determination of public convenience or necessity made in accordance with the provisions of this section.
e. For the purposes of this section, the definitions in Division 9, Alcoholic Beverages, of the California Business and Professions Code shall apply.
D. Determination Required.
1. No use shall be established and no building permit shall be issued for a use which requires a City determination of public convenience or necessity unless such determination is made in accordance with the provisions of this section.
2. Unless a City determination of public convenience or necessity is requested and specifically made by the decision maker in accordance with the provisions of this section, then it shall be deemed that no City determination of public convenience or necessity has been made in regard to the proposed sale of alcoholic beverages.
E. Permitting Authority. Authority to approve a City determination of public convenience or necessity in an area of undue concentration shall be as follows unless the City Council assumes jurisdiction for said determination:
1. The decision maker for a City determination of public convenience or necessity for a use which is subject to the approval of a development project application shall be the same decision maker as established for that development project application pursuant to this division.
2. The decision maker for a City determination of public convenience or necessity involving an existing use or facility for a development project application is not otherwise required shall be the same decision maker as the one established for the original use or facility.
3. The Director of Community Development shall act as the decision maker for a City determination of public convenience or necessity for uses that do not meet the criteria listed in the above paragraphs for a decision by others. The Director of Community Development may refer items directly to the Planning Commission when the Director of Community Development finds the public interest would be better served by having the Planning Commission act as the decision maker.
F. Application Process and Review Procedures. The application and review procedures, as described in Chapter 14.09.030 of this code, Common Procedures, shall apply to the City determination of public convenience or necessity for alcoholic beverages sales in areas of undue concentration.
G. Department of Alcoholic Beverage Control License Application. The applicant shall apply for a retail license from the Department of Alcoholic Beverage Control prior to filing the request for a City determination of public convenience or necessity. Documentation of such retail license application shall be submitted in conjunction with the filing of a request for a City determination of public convenience or necessity.
H. Application Type.
1. New Construction. A City determination of public convenience or necessity involving new construction shall be made with the review process required for the underlying use or project. The request for alcoholic beverage sales in areas of undue concentration shall be filed concurrent with the design review, conditional use permit, or other applicable land use application.
2. Existing Uses and Facilities. For alcoholic beverage sales proposed at an existing site or facility for which no development application is required, the request shall be filed as the same type of land use application required for the original use or facility.
I. City Council Notification. The Director of Community Development shall provide notice to all members of the City Council regarding alcoholic beverage sale applications in areas of undue concentration five calendar days of the date the application is deemed complete. If any member of the City Council determines that the request for a City determination of public convenience or necessity involves issues of City-wide concern or compatibility with established uses within the vicinity of the proposal, that member may request that the City Council review the request and concurrent development application(s), if any. Such a request shall be made in writing to the City Clerk within 10 calendar days of the notification.
J. Police Chief Referral. All applications for a City determination of public convenience or necessity shall be referred to the Police Chief for review and comment. The Police Chief may recommend approval, denial, or approval with specific conditions to the appropriate decision-making authority. The decision maker shall consider the recommendations of the Police Chief in determining if the public convenience or necessity is served by the approval of the application.
K. Conditions of Approval. The decision maker shall be authorized to impose reasonable conditions on the development application or modification to an approved project in the interest of the public health, safety, and welfare. Such conditions may include, but are not limited to, requirements regarding signing, training for responsible beverage sales, hours of operation, display, and method of sale.
L. Factors to Consider in Determining Public Convenience or Necessity. The decision maker, in reviewing a proposal for alcoholic beverage sales in an area of undue concentration and making findings required pursuant to subsection M of this section, Findings Required for Approval, shall consider the following factors:
1. The potential for the proposed sale of alcoholic beverages to unreasonably impact more sensitive surrounding land uses, such as residences, schools, and other similar uses.
2. The potential for the proposed sale of alcoholic beverages to enhance recreational or entertainment opportunities in the area.
3. The potential for the proposed sale of alcoholic beverages to enhance the economic viability of the area in which it is proposed.
4. The number of liquor licenses within the vicinity of the proposed licensed location.
5. The history of police or crime-related problems in the area proposed for the alcoholic beverage sales, as determined by the Chief of Police.
6. The potential for the type of use proposed in conjunction with the sale of alcoholic beverages to adversely impact surrounding properties.
M. Findings Required for Approval. The decision maker, when considering an application to sell alcoholic beverages in an area of undue concentration, shall adopt findings of fact including, but not limited to, the following:
1. That the approval of the application is consistent with the goals, objectives, and policies of the General Plan and of the Land Use and Development Code;
2. That the approval of the application will not be detrimental to the public health, safety, or welfare of the community; and
3. That the public convenience or necessity is served by the approval of the application.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.270.070 Animal Keeping.
Animals may be kept in compliance with Title 6, Animals, and the following:
A. Household Pets and Beekeeping. The keeping of household pets and beekeeping are regulated under Title 6, Animals.
B. Chickens. Chickens may be kept as an accessory use to a primary residential use in compliance with the following standards. Roosters are subject to the standards of subsection C of this section, Other Animals.
1. Allowable Districts. Any district which allows detached single-unit dwellings.
2. Use Limitation. The keeping of chickens shall be for noncommercial use only.
3. Minimum Lot Size. Six thousand square feet.
4. Maximum Number.
a. Parcels Less Than One Acre in Size. One chicken per 1,000 square feet up to nine chickens per parcel.
b. Parcels One Acre or More in Size. One chicken per 1,000 square feet. No maximum number of chickens per parcel where the structure housing the chickens is located a minimum of 50 feet from any dwelling and 50 feet from any property line.
5. Enclosures. Coops, runs, and other enclosures for the keeping or housing of chickens shall be in compliance with setback requirements of the underlying zoning district. No such enclosure shall be closer than three feet to a property line. The maximum height of any such enclosure shall be six feet plus one foot for every foot setback from the property line, up to a maximum of 12 feet.
C. Other Animals. Animals other than chickens, household pets, and bees may be kept as an accessory use to a primary residential use in compliance with the following standards:
1. Allowable Districts. AG, AH, RR, and RE districts.
2. Use Limitation. Feedlots are prohibited.
3. Minimum Lot Size. One acre.
4. Maximum Number.
a. Livestock. One animal per parcel plus one animal per acre.
b. Other Animals. One animal per 1,000 square feet.
D. Enclosures. Stables, corrals, and other enclosures for the keeping or housing of animals shall be located a minimum of 50 feet from any dwelling and 100 feet from any property line.
E. Exceptions. The Director of Community Development may allow exceptions to the above standards through an adjustment or reasonable accommodation where necessary to accommodate a disability, a 4-H or similar educational project, or other exceptional circumstances. The Director of Community Development may add conditions to protect the health, safety, or welfare of the neighborhood.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.270.080 Commercial Cannabis Business Regulations.
A. Purpose and Intent. It is the purpose and intent of this section to implement the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) to accommodate the needs of medically ill persons in need of cannabis for medicinal purposes as recommended by their health care provider(s), and to provide access to same. It is also the purpose and intent of this section to provide access to adult-use cannabis for persons aged 21 and over as authorized by the Control, Tax and Regulate the Adult Use Cannabis Act (“AUMA” or “Proposition 64”), while imposing sensible regulations on the use of land to protect City of Vacaville residents, neighborhoods, and businesses from disproportionately negative impacts. It is the purpose and intent of this section to regulate the commercial cultivation, processing, manufacturing, testing, sale, delivery, and distribution of cannabis and cannabis products in a responsible manner to protect the health, safety, and welfare of the residents of the City of Vacaville and to enforce rules and regulations consistent with state law.
B. Legal Authority. This section is adopted pursuant to the authority granted to the City by Sections 5 and 7 of Article XI of the California Constitution, and the provisions of MAUCRSA.
C. Cannabis Cultivation and Cannabis Activities Prohibited Unless Specifically Authorized by This Section. Except as specifically authorized by this section, the commercial cultivation, manufacture, processing, storing, laboratory testing, labeling, sale, delivery, distribution, or transportation (other than as provided under Business and Professions Code Section 26090(e)) of cannabis or cannabis products is expressly prohibited in the City.
D. Compliance with State and Local Laws and Regulations. It is the responsibility of the owners and operators of any commercial cannabis business within the City limits to ensure that they operate in a manner compliant with this chapter, all applicable state and local laws, and any regulations promulgated thereunder, including but not limited to the MAUCRSA.
E. Cannabis Business Permit Required to Engage in Cannabis Business. No person may engage in any cannabis business within the City including cultivation, manufacture, processing, laboratory testing, distributing, dispensing, or sale of cannabis or a cannabis product unless the person meets all of the following requirements:
1. A valid cannabis business permit from the City;
2. A valid state of California seller’s permit; and
3. Is currently in compliance with all applicable state and local laws and regulations pertaining to the cannabis business and the cannabis activities, including the duty to obtain any required state licenses.
F. Evidence of Cannabis Owners and/or Employees Background Check Required.
1. Any person who is an owner, employee or who otherwise works within a cannabis business must be legally authorized to do so under applicable state law.
2. Cannabis business owners, operators, investors, managers, and employees shall be required to submit to a criminal background check for themselves and all persons in their employment.
3. The City shall conduct criminal background checks which must at a minimum identify the following:
a. Whether the individual applying for ownership or employment has ever been convicted of a violent felony as defined by California Penal Code Section 667.5 or equivalent offenses in other states;
b. Whether the individual applying for ownership or employment has ever been convicted of a crime involving dishonesty, fraud, or deceit, including but not limited to fraud, forgery, theft, or embezzlement as those offenses are defined in California Penal Code Sections 186.11, 470, 484, and 504a, respectively; or equivalent offenses in other states; or
c. Whether the individual applying for ownership or employment has ever been convicted of the illegal use, possession, transportation, distribution, or similar activities related to controlled substances, as defined in the Federal Controlled Substances Act, not including cannabis-related offenses for which the conviction occurred after the passage of the Compassionate Use Act of 1996.
4. Evidence of a conviction of any the offenses enumerated in subsection F.(3) of this section shall be grounds for denial of ownership or employment.
5. Violation of this section shall be grounds for immediate suspension of the business’s operating cannabis business permit, pending a hearing before the City Manager within 30 days for a final determination of the status of the permit.
G. Personnel Prohibited From Holding a License or From Employment With a Cannabis Business Permittee. Any person, including, but not limited to, any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, in which any of the following actions or notices have been issued for noncompliance, shall not be eligible to obtain a cannabis business permit from the City or employment with a cannabis business permittee in the City of Vacaville:
1. The applicant has been denied a cannabis license or has had a cannabis license suspended or revoked by any city, county, city and county, or any other state cannabis licensing authority;
2. The applicant was notified by the state, county, or city that it was conducting cannabis activity in violation of City ordinances, codes, and requirements, and failed to cure the violation in a timely manner;
3. Evidence that the applicant is delinquent in payment of federal, state, or local taxes and/or fees, and took no steps to cure the delinquency when notified by the appropriate agencies;
4. As of June 1, 2021, applicant was conducting cannabis activity in the City of Vacaville in violation of local and state law;
5. No person shall be issued a cannabis business permit if such person enters or has entered into either a verbal or written agreement to lease, sublease, or any other agreement for any terms of use of a premises granted by a property owner, commercial broker, or any third party, that is in violation of subsection E of this section unless that property is leased at fair market value. Any such lease, sublease, or agreement shall not contain terms or conditions requiring the cannabis businesses permit licensee to pay the property owner, commercial broker, or any third party a percentage of gross receipts, royalties, equity, or other unreasonable compensation as determined by the City. In addition, all leases, subleases, or other agreements must be based on a monthly rate.
H. Maximum Number and Type of Authorized Cannabis Businesses Permitted. This section is only intended to create a maximum number and types of cannabis businesses that may be issued permits to operate in the City.
1. The number of each type of cannabis business that shall be permitted to operate in the City shall be established by resolution by the City Council.
2. Each year following the City Council’s initial award of permits (if any), or at any time in the City Council’s discretion, the City Council may reassess the number of cannabis business permits which are authorized for issuance.
3. The City Council at its sole discretion may determine that the number and/or types of cannabis business permits should remain the same or be modified.
I. Community Benefits.
1. The application procedure process shall include a component on community benefits.
2. Any community benefits that a cannabis business agrees to provide shall be incorporated into the terms and conditions under which the cannabis business will operate with the City’s approval, if and when a cannabis business permit is issued. Such terms and conditions shall be in addition to the requirements of this chapter.
3. Community benefits may include but are not limited to: in-kind donations; sponsorship of community events; financial support or otherwise for special community events such as fairs, afterschool programs, youth centers, Boys and Girls Clubs, or local schools whether public or private; school athletic programs; school clubs; and community centers, homeless shelters, senior centers, senior living facilities, and/or parks and recreation programs.
J. City’s Reservation of Rights. The City reserves the right to reject any or all applications for a cannabis business permit. Prior to such permit issuance, the City may modify, postpone, or cancel any request for applications, at any time without liability, obligation, or commitment to any person, party, firm, or organization, to the extent permitted under California law. Persons submitting applications assume the risk that all or any part of the request for applications, or any particular category of permit potentially authorized under this section, may be canceled at any time prior to permit issuance. The City further reserves the right to request and obtain additional information from any candidate submitting an application. In addition to a failure to comply with other requirements in this section, an application may be rejected for any of the following reasons:
1. The application was received after the designated time and date of the deadline.
2. The application did not contain the required elements, exhibits, or was not organized in the required format.
3. The application was considered not fully responsive to the request for a permit application – that is, the application was substantially incomplete.
K. Procedure Guidelines and Review Criteria to Evaluate Cannabis Business Applications.
1. By resolution, the City Council shall adopt procedure guidelines and review criteria for the City’s evaluation of cannabis business permit applications.
2. The procedure guidelines shall provide the process for soliciting applications including time frames, limitations, forms, and rules for completing applications.
3. The review criteria shall include detailed objective review criteria to be evaluated on a point system or equivalent quantitative evaluation scale tied to particular sets of criteria.
4. The scoring on review criteria shall be used to determine which candidates will be eligible to participate in the interview or other decision process as determined by the City Council.
5. The City Manager shall be authorized to prepare any necessary forms and adopt any necessary rules to implement the procedures, guidelines and review criteria. This will also include preparing the process for conducting the interviews in which all eligible applicants will participate.
6. At the time of filing, each applicant shall pay an application fee established by resolution of the City Council to cover all costs incurred by the City in the application process.
L. Permittee Selection Process.
1. Applications will be reviewed per the procedure guidelines and review criteria and will be either denied or approved.
2. Once the proposed locations of approved applications have been identified, the Community Development Director shall verify it is properly zoned for the type of license(s) in which the applicant has applied. If permitted, a zoning verification letter shall be issued.
3. Only approved applications meeting guidelines set by Council resolution as to cut off score will be eligible to participate in the interview process or any further process.
4. Upon the completion of the selection process, a public meeting shall be set in which concerns of residents, businesses, and community organizations alike may be brought before the City and/or City Council.
5. The Community Development Director shall conduct the public meeting to solicit community feedback.
6. Public notice shall be mailed at least 10 days prior to the public meeting to the following:
a. All property owners of record within a minimum 600-foot radius of the subject property as shown on the latest available assessment roll or a larger radius if deemed necessary by the Community Development Director in order to provide adequate public notification; and
b. Any person or group who has filed a written request for notice regarding the specific application.
7. Failure to Notify Individual Properties. The validity of the proceedings shall not be affected by the failure of any property owner, resident or neighborhood or community organization to receive a mailed notice.
8. Applications shall be vetted by the City Manager consistent with subsection K.(3) of this section. At the conclusion of the vetting process, the City Manager shall prepare a report with findings and recommendations for consideration by the City Council. The recommendations shall include a summary of the concerns voiced by the community at the public meeting.
9. The City Council shall either deny or approve the final candidates and shall select the top candidates in each category of the cannabis businesses pursuant to subsection K.(1) of this section. The City Council’s decision as to the selection of the prevailing candidates shall be final, pending an appeal, in the event an appeal is filed as provided for under subsections T, Appeals, and U, Written Request for Appeal, of this section.
10. The City will issue notice to the prevailing candidates that the City will issue an official cannabis business permit(s) upon the prevailing applicant(s) obtaining all required land use approvals. Once all required land use approvals are secured, the City will issue an official cannabis business permit.
M. Exercise of a Cannabis Business Permit.
1. Each cannabis business permit issued pursuant to this section shall expire 12 months after the date of issuance. Cannabis business permits may be renewed as provided in subsection P of this section.
2. A cannabis business permit shall be exercised within 12 months of issuance. “Exercised” shall mean when any of the following occur:
a. A certificate of occupancy has been issued;
b. The permitted use(s) has commenced on the site; or
c. A City building permit or grading permit is secured, and construction lawfully commenced.
N. Scope of Approval.
1. If a location has not been in regular and continuous operation in the preceding four months, that location shall be considered abandoned and shall need to reapply for a cannabis business permit unless a mitigating circumstance occurs which was beyond the control of the permittee and an extension is authorized by the City Manager.
2. The approval of a new use shall terminate all rights and approvals of a cannabis business permit occupying the same site or location.
O. Reapplying for a Cannabis Business Permit. If an applicant is denied a permit due to a disqualifying factor such as failing a background check or not complying with any state or local jurisdictions’ regulatory requirements in which legal or administrative action has been taken a new application may not be filed for one year from the date of the denial. This section shall not apply to an approved applicant who was not awarded a permit resulting from the City not selecting them for one of the permits in an application process.
P. Renewal of Cannabis Business Permits.
1. An application for renewal of a cannabis business permit shall be filed at least 60 calendar days prior to the expiration date of the current permit.
2. The renewal application shall contain all the information required for new applications.
3. The applicant shall pay a fee in an amount to be set by the City Council to cover the costs of processing the renewal permit application, together with any costs incurred by the City to administer the program created under this section.
4. An application for renewal of a cannabis business permit shall be rejected if any of the following exists:
a. The application is filed less than 60 days before its expiration unless the City Manager, at the City Manager’s sole discretion, approves an extension of the deadline.
b. The cannabis business permit is suspended or revoked at the time of the renewal application.
c. The cannabis business has not been in regular and continuous operation in the four months prior to the renewal application or the approved extension of the deadline from the City Manager.
d. The cannabis business has failed to conform to the requirements of the cannabis business permit or this section or any regulations adopted pursuant to this section.
e. The permittee fails or is unable to renew its state of California license.
f. If the state has determined, based on substantial evidence, that the permittee or applicant is in violation of the requirements of the state rules and regulations and the state has determined that the violation is grounds for termination or revocation of the cannabis business permit.
5. The City Manager is authorized to make all decisions concerning the issuance of a renewal permit. In making the decision, the City Manager is authorized to impose additional conditions to a renewal permit, if it is determined to be necessary to ensure compliance with state or local laws and regulations or to preserve the public health, safety, or welfare. Appeals from the decision of the City Manager shall be handled pursuant to subsections W, Appeal Hearing Process, through X, Administrative Hearing and Proceedings, of this section.
6. If a renewal application is denied, a person may file a new application pursuant to this section no sooner than one year from the date of the denial.
Q. Revocation of Permits. Cannabis business permits may be revoked for any violation of any state or local laws, rules, standards, policies, procedures, or regulations in this section relating to cannabis.
R. Effect of State License Suspension. Suspension of a license issued by the state of California, or by any of its departments or divisions, shall immediately suspend the ability of a cannabis business to operate within the City until the state of California or its respective department or division reinstates or reissues the state license.
S. Effect of State Revocation. Revocation of a license issued by the state of California, or by any of its departments or divisions, shall immediately suspend the ability of a cannabis business to operate within the City until the state of California or its respective department or division takes appropriate action. Should the state revoke a license, the cannabis business owner may reapply for a local permit at such time as it can demonstrate that the grounds for revocation of the license by the state no longer exist or that the underlying deficiency has otherwise been cured.
T. Appeals. Appeals relating to denial of an initial application; denial of advancement to the interview or final determination process; to revoke or suspend a permit; to deny renewal of an application for a permit; or to add conditions to a permit shall be conducted as prescribed in this section.
U. Written Request for Appeal.
1. Any denial of an initial application; denial of advancement to the interview or final determination process; revocation or suspension of a permit; denial of a renewal of an application for a permit; or addition of any condition(s) to a permit by the City Manager shall be in writing. The written decision shall be personally delivered or sent to the parties by first class mail. The decision shall be served upon the applicant and any other responsible person. The decision may be personally delivered or sent by first class mail. If service is by mail, service shall be deemed completed at the time of deposit into the United States mail. The failure to serve any person required herein to be served shall not invalidate any proceedings under this section as to any other person duly served. In cases in which the City can verify delivery of a notice to an applicant or in which an applicant is documented as refusing delivery, lack of receipt of the notice cannot form the basis for an appeal.
2. Within 10 calendar days after the date of a decision of the City Manager to revoke, suspend, or deny an initial or renewal permit application, or to add conditions to a permit, an applicant or permittee may appeal such action by filing a written appeal with the City Clerk setting forth the reasons why the decision was not proper.
V. Grounds for Appeal for an Initial Permit Decision to Advance to the Interview or Final Decision Process.
1. The Hearing Examiner will hear appeals that address the following issues:
a. Any deviation from the City’s published application procedures that adversely affected the applicant by altering the outcome of the City’s decision on the applicant’s application. Examples of appealable deviations are:
i. Failure on the part of the City to provide appropriate notification regarding changes to the application process via website postings and/or email to the applicant prior to the time the application was submitted;
ii. Failure on the part of the City to provide an applicant an equal opportunity to modify an application where that opportunity was provided to other applicants; or
iii. The scoring of one or more portions of the applicant’s application was not justified based on the information presented in the application or due to a material error or omission on the part in scoring the application.
2. Any appeal based upon this section must be supported by evidence that the applicant presented the relevant information with completeness and in the appropriate section of the application. Information presented in the application that is incomplete in nature or that is relevant to a question posed by the City on the application form but appears in the incorrect section, even if complete, may be grounds for the dismissal of the appeal.
3. No applicant that is eligible to participate in the final determination process but is not selected during the final determination process shall be eligible to appeal the final decision.
W. Appeal Hearing Process.
1. The decision of the Hearing Examiner shall be issued in writing in accordance with subsection X of this section and shall be personally delivered or sent to the parties by first class mail. The decision shall be served upon the applicant and any other responsible person. If service is by mail, service shall be deemed completed at the time of deposit into the United States mail. The failure to serve any person required herein to be served shall not invalidate any proceedings under this section as to any other person duly served. In cases in which the City can verify delivery of a notice to an applicant or in which an applicant is documented as refusing delivery, lack of receipt of the notice cannot form the basis for an appeal.
2. In the event the Hearing Examiner upholds the decision of the City Manager to deny advancement to the interview or other final determination process, to revoke or suspend a permit, to deny a renewed application for a permit; or to add conditions to a permit, the applicant or permittee may appeal such action to the City Council by filing a written appeal with the City Clerk setting forth the reason why the decision was not proper. For an initial permit application appeal, reasons shall be stated with specificity and shall address the issues outlined in subsection V of this section.
3. The notice of appeal shall be in writing and signed by the person making the appeal (“appellant”), or their legal representative, and shall contain the following:
a. Name, address, and telephone number of the appellant.
b. Specify decisions, actions, or a particular part thereof, made that are the subject of the appeal.
c. A true and correct copy of the decision issued by the Hearing Examiner for which the appellant is appealing.
d. State with specificity the reasons and grounds for making the appeal, including, but not limited to, a statement of facts upon which the appeal is based in sufficient detail to enable the City Council to understand the nature of the controversy, the basis of the appeal, and the relief requested.
e. All documents or other evidence pertinent to the appeal that the appellant requests the City Council to consider at the hearing.
4. Failure of the City Clerk to receive a timely appeal constitutes a waiver of the right to appeal the notice issued by the Hearing Examiner. In this event, the Hearing Examiner’s decision shall be final.
5. In the event a written notice of appeal is timely filed, the nonrenewal, suspension, or revocation shall not become effective until a final decision has been rendered and issued by the City Council. Notices of appeal not served in a timely manner or served by nonoperational business shall not serve to allow such business to operate pending appeal.
6. If no appeal is timely filed in the event of a decision of nonrenewal, the cannabis business’s permit shall expire at the conclusion of the term of the permit. If no appeal is timely filed in the event of a decision supporting suspension or revocation, the suspension or revocation shall become effective upon the expiration of the period for filing a written notice of appeal.
X. Administrative Hearing and Proceedings.
1. Review by City Council or Hearing Examiner – Administrative Hearing and Proceedings.
a. Appellants who file a timely written notice of appeal will be entitled to an administrative hearing before the Hearing Examiner, or if applicable, by the City Council. Any appeal related to the initial application process shall be subject to the procedures pursuant to subsection W of this section.
b. Upon receipt by the City Clerk of a timely filed notice of appeal pertaining to suspensions, revocations, or nonrenewals the City Clerk shall forward such appeal to the Hearing Examiner, who shall schedule a hearing within 30 days of receipt of the notice of appeal. For appeals to the City Council the City Clerk shall schedule a hearing within 30 days of receipt of the notice of appeal. In the event such hearing cannot be heard within that time period or a mutually agreed upon time with the appellant then the City Clerk shall schedule the appeal to be heard by the City Council or Hearing Examiner within 45 days of the receipt of the notice of appeal, or for appeals heard by the City Council, if such appeal cannot be held within 45 days of the receipt of the notice of appeal then as reasonably possible at the next scheduled City Council meeting.
c. The appellant(s) listed on the written notice of appeal shall be notified in writing of the date, time, and location of the hearing at least 10 days before the date of the hearing (“notice of appeal hearing”).
d. A request by an appellant or by the City to continue a hearing must be submitted to the City Clerk in writing no later than three business days before the date scheduled for the hearing. The City Council, or Hearing Examiner, may continue a hearing for good cause or on its own motion; however, in no event may the hearing be continued for more than 30 calendar days, unless there is a stipulation by all parties to do so.
2. At the date, time, and location set forth in the notice of appeal hearing, the City Council or Hearing Examiner shall hear and consider the testimony of the appellant(s), City staff, and/or their witnesses, as well as any documentary evidence properly submitted for consideration.
3. The following rules shall apply at the appeal hearing:
a. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. However, rules of privilege shall be applicable to the extent they are permitted by law, and irrelevant, collateral, undue, and repetitious testimony may be excluded.
b. The City bears the burden of proof to establish the grounds for nonrenewal, suspension or revocation by a preponderance of evidence. Appellant(s) bear the burden of proof regarding denial of an applicant’s application.
c. The issuance of the City Manager’s decision constitutes prima facie evidence of grounds for the denial, nonrenewal, suspension or revocation, and City personnel who significantly took part in the investigation, which contributed to the City Manager issuing a notice of decision may participate in the administrative hearing.
d. The City Council or the Hearing Examiner may accept and consider late evidence not submitted initially with the notice of appeal upon a showing by the appellant of good cause. The City Council, or Hearing Examiner, shall determine whether a particular fact or facts amount to good cause on a case-by-case basis.
e. The appellant may bring a language interpreter to the hearing at the appellant’s sole expense.
f. The City may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video recording. If the appellant requests from the City that a court reporter, stenographer, or videographer be used, appellant shall bear the costs of same and shall deposit such fees prior to commencement of the administrative hearing.
4. If the appellant, or appellant’s legal representative, fails to appear at the appeal hearing, the City Council, or the Hearing Examiner, may cancel the appeal hearing and send a notice thereof to the appellant by first class mail to the address(es) stated on the notice of appeal. A cancellation of a hearing due to nonappearance of the appellant shall constitute the appellant’s waiver of the right to appeal and a failure to exhaust all administrative remedies. In such instances, the City Manager’s notice of decision is final and binding.
5. Decision of the City Council, or Appointed Hearing Examiner – Final Decision. Following the conclusion of the administrative hearing, the City Council or Hearing Examiner shall issue a written decision within 20 days which (a) determines if the action appealed from is affirmed or overturned and (b) specifies the basis (grounds and reasons) for the decision.
6. The written decision of the Hearing Examiner shall provide that it is final and conclusive and is subject to the time limits set forth in California Code of Civil Procedure Section 1094.6 for judicial review unless appealed to the City Council in accordance with subsections W.(2) and (3) of this section.
7. The written decision of the City Council shall provide that it is final and conclusive and is subject to the time limits set forth in California Code of Civil Procedure Section 1094.6 for judicial review.
8. A copy of the written decision shall be served by certified, first class mail on the appellant. If the appellant is not the owner of the real property in which the cannabis business is located, or proposed to be located, a copy of the final decision may also be served on the property owner by first class mail to the address shown on the last equalized assessment roll. Failure of a person to receive a properly addressed final decision shall not invalidate any action or proceeding by the City pursuant to this section.
9. In the event the final decision upholds the decision of the City Manager to deny advancement to the interview or other final determination process, to revoke or suspend a permit, to deny a renewed application for a permit; or to add conditions to a permit, the City shall charge applicant or permittee an appeal fee, as established by resolution of the City Council.
Y. Change in Location – Updated Application Form.
1. Any time the dispensing, testing, manufacturing, and distribution location specified in the regulatory permit is changed, the permittee shall submit an updated application form to the City Manager. The process and the fees for the processing of the application form shall be the same as the process and fees set forth in subsections P and Z of this section.
2. Within 15 calendar days of any other change in the information provided in the updated application form or any change in status of compliance with the provisions of this section, including any change in the cannabis business ownership or management members, the applicant shall file an updated application form with the City Manager for review along with an application amendment fee, as set forth in subsections P.(3) and Z of this section.
Z. Transfer of Cannabis Business Permit.
1. The owner of a cannabis business permit shall not transfer ownership or control of the permit to another person or entity until the transferee obtains an amendment to the permit from the City Manager stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the City Manager in accordance with all provisions of this section (as though the transferee were applying for an original cannabis business permit). The proposed transferee’s application shall be accompanied by a transfer fee in an amount set by resolution of the City Council (or if not set, shall be the same amount as the application fee).
2. The City Manager shall conduct a hearing to determine whether the transferee satisfies the eligibility requirements for a new permit. The transferee’s application will be treated as a new application and will be evaluated according to the procedures described in subsections K and L of this section. This will require a complete evaluation of the application and an interview of the applicant prior to the hearing, including a determination of whether the transfer involves a substantial change in ownership (any alteration in the permittee’s business structure/ownership that results in a change of 51 percent or more of the original ownership). Following the hearing, the City Council must approve the transfer in order for it to be authorized, as provided in subsection Z of this section. If the transfer involves a lesser percentage of the change in ownership than the threshold cited above, then the hearing will be administrative in nature and City Council approval will not be required for the transfer to be authorized.
3. Cannabis business permits issued through the grant of a transfer by the City Manager shall be valid for a period of one year beginning on the day the City Manager approves the transfer of the permit. Before the transferee’s permit expires, the transferee shall apply for a renewal permit and pay the appropriate fee in the manner required by this section.
4. Changes in ownership of a permittee’s business structure or a substantial change in the ownership of a permittee business entity (changes that result in a change of more than 51 percent of the original ownership) must be approved by the City Council following completion of the transfer process contained in subsection A of this section. Failure to comply with this provision is grounds for permit revocation.
5. A permittee may change the form of business entity without applying to the City Manager for a transfer of permit, provided:
a. The membership of the new business entity is substantially similar to original permit holder business entity (at least 51 percent of the membership is identical).
b. Although a transfer is not required in this circumstance, the permit holder is required to notify the City Manager in writing of the change within 10 days. Failure to comply with this provision is grounds for permit revocation.
6. A cannabis business permit shall not be transferred when the City has notified the permittee in writing that the permit has been or may be suspended or revoked.
7. Any attempt to transfer a cannabis business permit either directly or indirectly in violation of this section is hereby declared a violation of the permit and this chapter. Such a purported transfer shall be deemed a ground for revocation of the permit.
AA. City Business License. Prior to commencing operations, a cannabis business shall obtain a City of Vacaville business license as required under Section 5.08.010, License Required.
BB. Building Permits and Inspection. Prior to commencing operations, a cannabis business permit shall be subject to a mandatory building inspection and must obtain all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. This includes, but is not limited to, obtaining any required building permit(s), City Fire Department approval, City Police Department approval, City Code Enforcement approvals, City Community Development Department approval, County of Solano Health Department approval, and any other applicable zoning and land use permit(s) and approvals.
CC. Authorization From the Community Development Director. Prior to commencing operations, a cannabis business must obtain authorization from the Director of Community Development (as defined under Section 14.02.040.020, Definitions of Officers, Managers and Entities), certifying that the business is located on a site that meets all of the requirements in subsections BB, DD, and EE of this section.
DD. Right to Occupy and to Use Property. Prior to the City’s issuance of a cannabis business permit pursuant to this section, any person intending to open and to operate a cannabis business shall first provide sufficient evidence of the legal right to occupy and to use the proposed location. If the proposed location will be leased from the property owner, the applicant shall be required to provide a signed and notarized statement from the owner of the property, acknowledging that the property owner has read this section and consents to the operation of the cannabis business on the owner’s property.
EE. Location and Design of Cannabis Businesses. Cannabis businesses permitted to engage in retail, distribution, manufacturing, testing labs, and microbusiness (noncultivation) operations for cannabis and cannabis products are subject to the following zoning and locational requirements:
1. Distribution, manufacturing, testing labs and microbusiness (noncultivation) which includes non-storefront retail activities may only be zoned in the following zone districts: BP (business park), IP (industrial park), applicable policy plans and must meet all the requirements pursuant to this division. Cannabis business permittees must also meet all of the following distance requirements:
a. It shall be no closer than 600 feet from any zoned parcel in the City designated by the City and state law as a sensitive use, and pursuant to this subsection. The distance measured shall be the horizontal distance measured in a straight line from the property line of those parcels in this subsection to the closest property line of the lot on which the cannabis business is located.
b. It shall be no closer than 600 feet from any parcel containing any of the following:
i. A school providing instruction in kindergarten or any grades one through 12, (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12);
ii. A commercial daycare center licensed by the state, county or City which is in existence at the time the license is issued unless the state licensing authority or the City specifies a greater radius;
iii. A youth center that is in existence prior to the submittal of the initial cannabis application or at the time the license is issued, unless the state licensing authority or the City specifies a greater radius.
2. Retail storefront shall be zoned in the following zone districts: CG (general commercial district) and must meet all the requirements pursuant to Chapter 14.09.070 of this code, Commercial and Mixed-Use Zoning Districts. The commercial cannabis businesses must also meet all of the following distance requirements:
a. It shall be no closer than 600 feet from any zoned parcel in the City designated by the City and state law as a sensitive use and pursuant to this subsection. The distance measured shall be the horizontal distance measured in a straight line from the property line of those parcels in this subsection to the closest property line of the lot on which the cannabis business is located.
b. It shall be no closer than 600 feet from any parcel containing any of the following:
i. A school providing instruction in kindergarten or any grades one through 12, (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12).
ii. A commercial daycare center licensed by the state, county or City which is in existence at the time the license is issued, unless the state licensing authority or the City specifies a greater radius.
iii. A youth center that is in existence prior to the submittal of the initial cannabis application or at the time the license is issued, unless the state licensing authority or the City specifies a greater radius.
3. Each proposed cannabis business shall:
a. Conform with the City’s General Plan, any applicable specific plan, master plan, and design requirements.
b. Comply with all applicable zoning and related development standards.
c. Be constructed in a manner that minimizes odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties.
d. Be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and all items required for the development.
e. Be served by highways adequate in width and improved as necessary to carry the kind and quantity of traffic such use will generate.
f. Be provided with adequate electricity, sewerage, disposal, water, fire protection and storm drainage facilities for the intended purpose.
FF. Limitations on City’s Liability. To the fullest extent permitted by law, the City of Vacaville shall not assume any liability whatsoever with respect to having issued a cannabis business permit pursuant to this section or otherwise approving the operation of any cannabis business. As a condition to the approval of any cannabis business permit, the applicant shall be required to meet all of the following conditions before they can receive the cannabis business permit:
1. Execute an agreement, in a form approved by the City Attorney, agreeing to indemnify, defend (at applicant’s sole cost and expense), and hold the City of Vacaville, and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, damages, injuries, liabilities, or losses which arise out of, or which are in any way related to, the City’s issuance of the cannabis business permit, the City’s decision to approve the operation of the cannabis business or activity, the process used by the City in making its decision, or the alleged violation of any federal, state or local laws by the cannabis business or any of its officers, employees or agents.
2. Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time by the City Manager.
3. Reimburse the City for all costs and expenses, including but not limited to legal fees and costs and court costs, which the City may be required to pay as a result of any legal challenge related to the City’s approval of the applicant’s cannabis business permit or related to the City’s approval of a cannabis activity. The City, at its sole discretion, may participate at its own expense in the defense of any such action, but such participation shall not relieve any of the obligations imposed on applicant hereunder.
GG. Records and Recordkeeping.
1. Each owner and operator of a cannabis business shall maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than an annual basis (at or before the time of the renewal of a cannabis business permit issued pursuant to this section), or at any time upon reasonable request of the City, each cannabis business shall file a sworn statement detailing the number of sales by the cannabis business during the previous 12-month period (or shorter period based upon the timing of the request), provided on a per-month basis. The statement shall also include gross sales for each month, and all applicable taxes and fees paid or due to be paid. On an annual basis, each owner and operator shall submit to the City a financial audit of the business’s operations conducted by an independent certified public accountant. Each permittee shall be subject to a regulatory compliance review and financial audit as determined by the City Manager.
2. Each owner and operator of a cannabis business shall maintain a current register of the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in the cannabis business, and separately of all the officers, managers, employees, agents, and volunteers currently employed or otherwise engaged by the cannabis business. The register required by this subsection shall be provided to the City Manager upon a reasonable request.
3. All cannabis businesses shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products for all stages of the growing and production or manufacturing, laboratory testing processes until purchase as set forth in the MAUCRSA.
HH. Security Measures.
1. A cannabis business permittee shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products and to deter and prevent the theft of cannabis or cannabis products at the cannabis business. Except as may otherwise be determined by the City Manager, these security measures shall include, but shall not be limited to, all of the following:
a. Perimeter fencing and exterior lighting systems (including motion sensors) for after-hours security as approved by the Chief of Police and/or the Director of Community Development as applicable.
b. Preventing individuals from remaining on the premises of the cannabis business if they are not engaging in an activity directly related to the permitted operations of the cannabis business; in cases in which the individual will not voluntarily leave the premises the cannabis employee shall contact the City Police Department.
c. Establishing limited access areas accessible only to authorized cannabis business personnel.
d. Except for live growing clone plants which are being sold at a cannabis business where applicable, all cannabis and cannabis products shall be stored in a secured and locked vault or vault equivalent. All safes and vaults shall be compliant with Underwriters Laboratories burglary-resistant and fire-resistant standards. All cannabis and cannabis products, including live clone plants that are being sold, shall be kept in a manner as to prevent diversion, theft, and loss.
e. Installing 24-hour security surveillance cameras of at least high-definition (HD) quality to monitor all entrances and exits to and from the premises, all interior spaces within the cannabis business which are open and accessible to the public, all interior spaces where cannabis, cash, or currency is being stored for any period of time on a regular basis, and all interior spaces where diversion of cannabis could reasonably occur. All cameras shall record in color. All exterior cameras shall be in weather-proof enclosures, shall be located so as to minimize the possibility of vandalism, and shall have the capability to automatically switch to black and white in low light conditions. The cannabis business shall be responsible for ensuring that the security surveillance camera’s footage is remotely accessible by the City Manager, and that it is compatible with the City’s software and hardware. In addition, if required by City, remote and real-time live access to the video footage from the cameras shall be provided to the City Chief of Police at the expense of the permittee. Video recordings shall be maintained for a minimum of 90 days and shall be made available to the City Chief of Police upon request. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the cannabis business and shall be capable of enlargement via projection or other means. Internet protocol address information shall be provided to the City Police Department by the cannabis business, to facilitate remote monitoring of security cameras by the City Police Department. Each business shall have network security protocols that are certified by Underwriters Laboratories, LLC.
f. Sensors shall be installed to detect entry and exit from all secure areas and shall be monitored in real time by a security company licensed by the state of California Bureau of Security and Investigative Services.
g. Panic buttons shall be installed in all cannabis businesses with direct notification to the City Police Department dispatch and shall be configured to immediately alert dispatch for the City Police Department.
h. Having a professionally installed, maintained, and monitored real-time alarm system by a security company licensed by the state of California Bureau of Security and Investigative Services.
i. Any security measures, such as bars, installed on the windows or the doors of the cannabis business shall be installed only on the interior of the building.
j. Security personnel shall be on site 24 hours a day or alternative security as authorized by the City Manager and must have a verified response security patrol when closed. Security personnel must be licensed by the state of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the City Manager, with such approval not to be unreasonably withheld.
k. Each cannabis business shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.
l. Entrance areas are to be locked at all times and under the control of a designated responsible party that is either: (i) an employee of the cannabis business; or (ii) a licensed security professional.
m. Each cannabis business shall have an accounting software system in place to provide point of sale data as well as audit trails or both product and cash, where applicable.
n. Each cannabis business shall demonstrate to the City Manager, compliance with the state’s track and trace system for cannabis and cannabis products as soon as it is operational.
o. Each cannabis business shall have a professionally installed video surveillance system, access control and intrusion alarm systems designed to protect the inventory, facility, and employees. Each business shall have network security protocols that are certified by Underwriters Laboratories, LLC.
p. Exterior vegetation shall be planted, altered, and maintained in a fashion that precludes its use as a hiding place for persons on the premises.
q. Emergency access and emergency evacuation plans that are in compliance with state and local fire safety standards.
r. Installation of “mosquitos” (high-pitch frequency devices) as a deterrent to vandalism/loitering.
2. Each cannabis business shall identify a designated security representative/liaison to the City, who shall be reasonably available to meet with the City Manager regarding any security related measures or operational issues. The designated security representative/liaison shall, on behalf of the cannabis business, annually maintain a copy of the current security plan on the premises of the business, to present to the City Manager upon request that meets the following requirements:
a. Confirms that a designated manager will be on duty during business hours and will be responsible for monitoring the behavior of employees.
b. Identifies all managers of the cannabis business and their contact phone numbers.
c. Confirms that first aid supplies and operational fire extinguishers are located in the service areas and the manager’s office.
d. Confirms that burglar, fire, and panic alarms are operational and monitored by a licensed security company 24 hours a day, seven days a week, and provides contact information for each licensed security company.
e. Identify a sufficient number of licensed, interior and exterior security personnel who will monitor individuals inside and outside the cannabis business, the parking lot, any adjacent property under the business’s control, and ensure that the parking lot is cleared of employees and their vehicles one-half hour after closing.
3. As part of the application and permitting process each cannabis business shall have a storage and transportation plan, which describes in detail the procedures for safely and securely storing and transporting all cannabis, cannabis products, any hazardous materials that may be used by the business, and any currency.
4. The cannabis business shall cooperate with the City whenever the City Manager makes a request, with or without prior notice, to inspect or audit the effectiveness of any security plan or of any other requirement of this section.
5. A cannabis business shall notify the City Manager within 24 hours after discovering any of the following:
a. Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the City Manager.
b. Diversion, theft, loss, or any criminal activity involving the cannabis business or any agent or employee of the cannabis business.
c. The loss or unauthorized alteration of records related to cannabis, customers or employees or agents of the cannabis business.
d. Any other breach of security.
6. Compliance with the foregoing requirements shall be verified by the City Manager prior to commencing business operations. The City Manager may supplement these security requirements once operations begin, subject to review by the City Manager if requested by the business owner.
II. Fees and Charges.
1. No person may commence or continue any cannabis activity in the City, without timely paying in full all fees and charges required for the operation of a cannabis activity. Fees and charges associated with the operation of a cannabis activity shall be established by resolution of the City Council which may be amended from time to time.
2. All cannabis businesses authorized to operate under this section shall pay all sales, use, business and other applicable taxes, and all license, registration, and other fees required under federal, state, and local law. Each cannabis business shall cooperate with City with respect to any reasonable request to audit the cannabis business’s books and records for the purpose of verifying compliance with this section, including but not limited to a verification of the amount of taxes or fees required to be paid during any period.
3. Prior to operating in the City and as a condition of issuance of a regulatory permit, the operator of each cannabis facility shall enter into an operational or community benefit agreement with the City setting forth the terms and conditions under which the cannabis facility will operate that are in addition to the requirements of this section, including, but not limited to, public outreach and education, community service, payment of fees and other charges as mutually agreed, and such other terms and conditions that will protect and promote the public health, safety, and welfare.
JJ. General Operating Requirements.
1. Cannabis businesses may operate only during the hours specified in the cannabis business permit issued by the City. No person under the age of 21 shall operate or be issued a permit for a cannabis business of any kind, unless permitted per subsection JJ.(8)(b) of this section.
2. Restriction on Sales and Consumption. Cannabis shall not be consumed by any person on the premises of any cannabis business. No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages or tobacco on or about the premises of the cannabis business.
3. No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any property issued a cannabis business permit, or on any of the vehicles owned or used as part of the cannabis business. No outdoor storage of cannabis or cannabis products is permitted at any time.
4. Reporting and Tracking of Product and of Gross Sales. Each cannabis business shall have in place a point-of-sale or management inventory tracking system to track and report on all aspects of the cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale), and other information which may be deemed necessary by the City. The cannabis business shall ensure that such information is compatible with the City’s record-keeping systems. In addition, the system must have the capability to produce historical transactional data for review. Furthermore, any system selected must be approved and authorized by the City Manager prior to being used by the permittee.
5. All cannabis and cannabis products sold, distributed, or manufactured shall be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with the state and local regulations.
6. Emergency Contact. Each cannabis business shall provide the City Manager with the name, telephone number (both land line and mobile, if available) of an on-site employee or owner to whom emergency notice can be provided at any hour of the day.
7. Signage and Notices.
a. In addition to the requirements otherwise set forth in this section, business identification signage for a cannabis business shall conform to the requirements of Chapter 14.09.260 of this code, Signs, including, but not limited to, seeking the issuance of a City sign permit.
b. No signs placed on the premises of a cannabis business shall obstruct any entrance or exit to the building or any window.
c. Each entrance to a cannabis business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the cannabis business is prohibited.
d. Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered. No cannabis business shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the cannabis business or elsewhere including, but not limited to, the public right-of-way.
e. Signage shall not depict any image of cannabis or cannabis products. No banners, flags, snipe signs, billboards, or other prohibited signs may be used at any time.
f. In accordance with state law and regulations or as stipulated in the City’s cannabis business permit, holders of a cannabis business permit shall agree that, as an express and ongoing condition of permit issuance and subsequent renewal, the holder of the permit shall be prohibited from advertising any cannabis business located in the city limits utilizing a billboard (fixed or mobile), bus shelter, placard, aircraft, or other similar forms of advertising.
This subsection is not intended to place limitations on the ability of a cannabis business to advertise in other legally authorized forms, including on the internet, in magazines, or in other similar ways.
8. Minors.
a. Persons under the age of 21 years shall not be allowed on the premises of a cannabis business and shall not be allowed to serve as a driver for a mobile delivery service. It shall be unlawful and a violation of this section for any person to employ any person at a cannabis business who is not at least 21 years of age.
b. Except as provided in subsection JJ.(8)(a) of this section, persons aged 18 to 20 years shall be allowed on the premises of a cannabis business if they can produce a valid physician’s recommendation. In that event, such persons can lawfully purchase cannabis for the sole purpose of addressing the medical need that is the subject of the valid physician’s recommendation.
c. The entrance to the cannabis business shall be clearly and legibly posted with a notice that no person under the age of 21 years of age is permitted to enter upon the premises of the cannabis business.
9. Odor Control. Odor control devices and techniques shall be incorporated in all cannabis businesses to ensure that odors from cannabis are not detectable off site. Cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the cannabis business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the cannabis business. As such, cannabis businesses must install and maintain the following equipment, or any other equipment which the Director of Community Development determines is a more effective method or technology:
a. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;
b. An air system that creates negative air pressure between the cannabis business’s interior and exterior, so that the odors generated inside the cannabis business are not detectable on the outside of the cannabis business.
10. Display of Permit and City Business License. The original copy of the cannabis business permit issued by the City pursuant to this section and the City issued business license shall be posted inside the cannabis business in a location readily visible to the public.
11. Background Check. Pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11), which authorize City authorities to access state and local summary criminal history information for cannabis employment, licensing, or certification purposes and authorize access to federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation, every person listed as an owner, investor, manager, supervisor, employee, contract employee or who otherwise works in a cannabis business must submit fingerprints and other information deemed necessary by the Chief of Police for a background check by the City Police Department. Pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11), which require that there be a requirement or exclusion from cannabis employment, licensing or certification based on specific criminal conduct on the part of the subject of the record, no person shall be issued a permit to operate a cannabis business or be allowed to work in a cannabis business unless they have first cleared the background check, as determined by the Chief of Police, as required by this section. A fee for the cost of the background investigation, which shall be the actual cost to the City to conduct the background investigation as it deems necessary and appropriate, shall be paid at the time the application for a cannabis business permit is submitted. Evidence of a conviction of any of the offenses enumerated in Business and Professions Code Section 26057(b)(4), absent a certificate of rehabilitation, shall be grounds for immediate disqualification of the applicant.
12. Loitering. The owner and/or operator of a cannabis business shall prohibit loitering by persons outside the facility both on the premises and within 50 feet of the premises. The cannabis business shall notify the City Police Department if anyone continues to loiter around the building or premises after all reasonable action has been taken to remove the individual(s) and the reasonable action taken has not been effective in a timely manner.
13. Permits and Other Approvals. Prior to the establishment of any cannabis business or the operation of any such business, the person intending to establish a cannabis business must first obtain all applicable planning, zoning, building, and other applicable permits from the relevant governmental agency which may be applicable to the zoning district in which such cannabis business intends to establish and to operate pursuant to subsection W of this section and all applicable requirements in this section.
14. Each cannabis operator shall establish minimum training standards for all employees. The City Manager shall have the discretion to require other training for the business operations should the City identify deficiencies or noncompliance issues with City or state requirements.
KK. Amendments to General Operating Requirements. The City Manager may develop other cannabis business operational requirements or regulations as are determined to be necessary to protect the public health, safety, and welfare.
LL. Operating Requirements for Retail Storefront Facilities.
1. No more than the number of cannabis retailers adopted by Council resolution may operate within the City at any one time and shall be issued a permit by the City.
2. Retailers shall verify the age and all necessary documentation of each individual to ensure the customer is not under the age of 18 years. If the potential customer is 18 to 20 years old, retailer shall confirm the customer’s possession of a valid doctor’s recommendation and/or Health and Safety Code Section 11362.71 identification card (medical marijuana card). For adult-use purchases, retailers shall verify that all customers are 21 years of age or older for the purchase of cannabis or cannabis products.
3. Individuals must show their government-issued identification, and, in the case of medical cannabis facilities, their physician’s recommendation, or a cannabis card issued pursuant to Health and Safety Code Section 11362.71 in order to gain access into the retailer. The government-issued identification and, if applicable, doctor’s recommendation or cannabis card must also be shown at the point-of-sale station at the time of purchase. Doctor recommendations are not to be obtained or provided at the retail location.
4. Uniformed licensed security personnel shall be employed to monitor site activity, control loitering and site access, and to serve as a visual deterrent to unlawful activities. Security personnel may be allowed to carry firearms if authorized by the Chief of Police.
5. Retailers may have only that quantity of cannabis and cannabis products to meet the daily demand readily available for sale on site in the retail sales area of the retailer. Additional product may be stored in a secured, locked area to which customers, vendors, and visitors shall not have access.
6. All restrooms used by the public shall remain locked and under the control of management.
7. Retailers authorized to conduct retail activities shall only serve customers who are within the licensed premises, or at a delivery address that meets the requirements of this section.
a. The sale and delivery of cannabis goods shall not occur through a pass-through window or a slide-out tray to the exterior of the premises.
b. Retailers shall not operate as or with a drive-in or drive-through at which cannabis goods are sold to persons within or about a motor vehicle.
c. No cannabis goods shall be sold and/or delivered by any means or method to any person within a motor vehicle.
d. All cannabis goods sold by a retail business shall be contained in child-resistant packaging.
e. Retailers shall record point-of-sale areas and areas where cannabis goods are displayed for sale on the video surveillance system. At each point-of-sale location, camera placement must allow for the recording of the facial features of any person purchasing or selling cannabis goods, or any person in the retail area, with sufficient clarity to determine identity.
f. A retail licensee who is engaged in retail sale shall hire or contract for security personnel who are at least 21 years of age to provide security services for the licensed retail premises. All security personnel hired or contracted for by the licensee shall be licensed by the Bureau of Security and Investigative Services and shall comply with Chapters 11.4 and 11.5 of Division 3 of the Business and Professions Code.
8. Access to Retailer Premises.
a. Access to the premises of a retail licensee/permittee shall be limited to individuals who are at least 21 years of age.
b. Except as provided in subsection JJ.(8)(a) of this section, individuals who are at least 18 years of age and in possession of a valid physician’s recommendation shall be granted access to the premises of a retail licensee/permittee for the sole purpose of purchasing medicinal cannabis consistent with the physician’s recommendation.
9. Authorized Sales. A retailer shall only sell adult-use cannabis and adult-use cannabis products to individuals who are at least 21 years of age. A retailer shall only sell medicinal cannabis or medicinal cannabis products to individuals who are at least 18 years of age, but not yet 21, if those individuals are in possession of a valid physician’s recommendation. Medicinal cannabis sales to individuals 21 years of age and older are unrestricted.
10. Limited Access Areas. A retailer shall establish limited-access areas and permit only authorized individuals to enter the limited-access areas. Authorized individuals include individuals employed by the retailer as well as any outside vendors, contractors, or other individuals conducting business that requires access to the limited access area. All individuals granted access to the limited access area shall be at least 21 years of age, and if not employed by the retailer, shall be escorted at all times by an employee of the licensee/permittee. A retailer shall maintain a log of all individuals who are not employees who are granted access to the limited access area. These logs shall be made available to the City Manager or the Chief of Police upon request.
11. Operating hours of the store front retailer license shall be limited to the hours of nine a.m. through nine p.m., seven days a week.
12. Storefront/Retail Security Requirements. All provisions incorporated within subsection HH of this section are directly applicable to and binding on all cannabis businesses, including all storefront/retail businesses.
MM. Retailer, Non-Storefront Retailer, and Microbusiness Delivery Requirements.
1. Retailers, non-storefront retailers (delivery), and microbusinesses license owners and operators are required to verify the age and the necessary documentation of each customer. They must ensure that medical customers are at least 18 years of age and verify that the customer has a valid doctor’s recommendation. Doctor recommendations are not to be obtained or provided at the retail location. In the case of adult-use customers, they must verify that the customer is at least 21 years of age. Sales shall only be made to persons matching this criteria.
2. All storefront retailers, non-storefront retailers (delivery), and microbusinesses which conduct deliveries into or within the City of Vacaville shall be required to obtain a permit from the City of Vacaville in order to conduct retail sales regardless, if they are located in the City or another local jurisdiction.
3. Operating hours of the non-storefront retailer license or out of town retail delivery services shall be limited to the hours of nine a.m. through nine p.m., seven days a week.
NN. Retailer, Non-Storefront Retailer and Microbusiness Delivery Vehicle Requirements. Prior to commencing delivery operations, a cannabis retailer, cannabis non-storefront retailer and microbusiness shall provide the following information to the City:
1. Proof of ownership of the vehicle or a valid lease for any and all vehicles that will be used to deliver cannabis or cannabis products.
2. The year, make, model, color, license plate number, and numerical vehicle identification number (VIN) for any and all vehicles that will be used to deliver cannabis goods.
3. Proof of insurance as required in subsection FF of this section for any and all vehicles being used to deliver cannabis goods.
4. The licensee shall provide the City with the information required by this section in writing for any new vehicle that will be used to deliver cannabis goods prior to using the vehicle to deliver cannabis goods.
5. The licensee shall provide the City with any changes to the information required by this section in writing within 30 calendar days.
OO. Operating Requirements for Distributors.
1. A distributor shall not store non-cannabis products or non-cannabis accessories that are to be sold to another party on any licensed or permitted premises. Additionally, a distributor shall not distribute non-cannabis products or non-cannabis accessories at a licensed premises. For the purposes of this section, non-cannabis products are any goods that do not meet the definition of cannabis goods as defined in Title 16, Division 42, Section 5000(c) of the California Code of Regulations.
2. After taking physical possession of a cannabis goods batch, the distributor shall contact a testing laboratory and arrange for a laboratory employee to come to the distributor’s licensed premises to select a representative sample for laboratory testing. The determination of which cannabis goods are to be included in the sample for laboratory testing shall be left to the sole discretion of the laboratory employee.
3. A distributor shall ensure that all cannabis goods batches are stored separately and distinctly from other cannabis goods batches on the distributor’s premises.
4. The distributor shall ensure that the batch size from which the sample is taken meets the requirements of state law, specifically the testing provisions within the California Code of Regulations.
5. A distributor or an employee of the distributor shall be physically present to observe the laboratory employee obtain the sample of cannabis goods for testing and shall ensure that the increments are taken from throughout the batch. The sampling shall be video-recorded, and the recording kept available to state and the City for a minimum of 180 days, pursuant to Title 16, Division 42, Section 5305 of the California Code of Regulations.
6. A distributor shall not transport cannabis or cannabis products to a licensed retail facility until and unless it has verified that the cannabis or cannabis products have been tested and certified by a testing lab as being in compliance with state health and safety requirements pursuant to Title 16, Division 42, Sections 5705, 5710, and 5714 of the California Code of Regulations.
PP. Operating Requirements for Testing Labs.
1. Testing labs shall be required to conduct all testing in a manner pursuant to Business and Professions Code Section 26100 and shall be subject to state and local law. Each testing lab shall be subject to additional regulations as determined from time to time as more regulations are developed under this section and any subsequent state of California legislation regarding the same.
2. Testing labs shall conduct all testing in a manner consistent with general requirements for the competence of testing and calibrations activities, including sampling using verified methods.
3. All cannabis testing laboratories performing testing shall obtain and maintain ISO/IEC 17025 accreditation as required by the Bureau of Cannabis Control.
4. Testing labs shall destroy any harvest batch whose testing sample indicates noncompliance with health and safety standards required by the Bureau unless remedial measures can bring the cannabis or cannabis products into compliance with quality standards as specified by law and implemented by the Bureau.
5. Each operator shall ensure that a testing laboratory employee takes the sample of cannabis or cannabis products from the distributor’s premises for testing required by state law and that the testing laboratory employee transports the sample to the testing laboratory.
6. Except as provided by state law, a testing laboratory shall not acquire or receive cannabis or cannabis products except from a licensee in accordance with state law, and shall not distribute, sell, or dispense cannabis, or cannabis products, from the licensed premises from which the cannabis or cannabis products were acquired or received. All transfer or transportation shall be performed pursuant to a specified chain of custody protocol.
7. A testing laboratory may receive and test samples of cannabis or cannabis products from a qualified patient or primary caregiver only if the qualified patient or primary caregiver presents the qualified patient’s valid physician’s recommendation for cannabis for medicinal purpose. A testing lab shall not certify samples from a qualified patient or primary caregiver for resale or transfer to another party or licensee. All tests performed by a testing laboratory for a qualified patient or primary caregiver shall be recorded with the name of the qualified patient or primary caregiver and the amount of the cannabis or cannabis products received.
QQ. Operating Requirements for Cannabis Manufacturing – Edibles and Other Cannabis Products – Sale of Edible and Other Cannabis Products.
1. Cannabis manufacturing shall only be permitted pursuant to subsection E of this section, or any subsequently created manufacturing state license as defined in MAUCRSA and may be permitted to operate only within those zone districts as defined in the City’s Municipal Code.
2. Any compressed gases used in the manufacturing process shall not be stored on any property within the City in containers that exceed the amount which is approved by the City Fire Department and authorized by the regulatory permit. Each site or parcel subject to a cannabis business permit shall be limited to a total number of tanks as authorized by the City Fire Department on the property at any time.
3. Cannabis manufacturing facilities may use heat, screens, presses, steam distillation, ice water, ethanol, and other methods without employing solvents or gases to create keef, hashish, bubble hash, or infused dairy butter, or oils or fats derived from natural sources, and other extracts.
4. If an extraction process uses a professional grade closed loop CO2 gas extraction system every vessel must be certified by the manufacturer for its safe use as referenced in subsection QQ.(6) of this section. The CO2 must be of at least 99 percent purity.
5. Closed loop systems for compressed gas extraction systems must be commercially manufactured and bear a permanently affixed and visible serial number.
6. Certification from an engineer licensed by the state of California, or by a certified industrial hygienist, must be provided to the Community Development Department for a professional grade closed loop system used by any cannabis manufacturing manufacturer to certify that the system was commercially manufactured, is safe for its intended use, and was built to codes of recognized and generally accepted good engineering practices, including but not limited to:
a. The American Society of Mechanical Engineers (ASME);
b. American National Standards Institute (ANSI);
c. Underwriters Laboratories, LLC (UL); or
d. The American Society for Testing and Materials (ASTM).
7. The certification document must contain the signature and stamp of the professional engineer or industrial hygienist and serial number of the extraction unit being certified.
8. Professional closed loop systems, other equipment used, the extraction operation, and facilities must be approved for their use by the City Fire Department and meet any required fire, safety, and building code requirements specified in the California Building Reference Codes.
9. Cannabis manufacturing facilities may use food grade glycerin, ethanol, and propylene glycol solvents to create or refine extracts. Ethanol should be removed from the extract in a manner to recapture the solvent and ensure that it is not vented into the atmosphere.
10. Cannabis manufacturing facilities creating cannabis extracts must develop standard operating procedures, good manufacturing practices, and a training plan prior to producing extracts for the marketplace.
11. Any person using solvents or gases in a closed looped system to create cannabis extracts must be fully trained on how to use the system, have direct access to applicable material safety data sheets to handle, and store the solvents and gases safely.
12. Parts per million for one gram of finished extract cannot exceed state standards for any residual solvent or gas when quality assurance tested.
RR. Operating Requirements for Delivery Services. Prior to commencing operations, a cannabis out-of-City delivery service shall comply with the following requirements:
1. Obtain from the City a permit authorizing the delivery of cannabis and cannabis products within the City limits. A copy of this permit shall be retained by all drivers.
2. The retail business operating the delivery service shall provide the City Manager with evidence of a valid state license for a cannabis business on whose authorization the delivery service is performing the delivery function.
3. The retail business operating the delivery service shall furnish to the City Manager the year, make, model, license plate number, and numerical vehicle identification number (VIN) for any and all vehicles that will be used to deliver cannabis goods.
SS. Permissible Delivery Locations and Customers. Cannabis delivery businesses located outside of the City permitted to engage in delivery of cannabis and cannabis products inside the City are subject to the following requirements:
1. A licensed cannabis business shall not deliver cannabis goods to an address located on publicly owned land or any address on land or in a building leased by a public agency.
2. A licensed cannabis business shall comply with all requirements of state and local law pertaining to the cannabis business permit and all subsequent policies, procedures and regulations which may be amended by the City Manager from time to time in order to enforce this section.
3. Any kiosk, iPad, tablet, smartphone, fixed location, or technology platform, whether manned or unmanned, other than a retail location permitted by the City, that facilitates, directs, or assists the retail sale or delivery of cannabis or cannabis products is prohibited and shall be a violation of this section.
TT. Promulgation of Regulations, Standards and Other Legal Duties.
1. In addition to any regulations adopted by the City Council, the City Manager (as Chief Administrative Officer pursuant to Section 2.08.040, Powers and duties) is authorized to establish any additional rules, regulations and standards governing the issuance, denial or renewal of cannabis business permits, the ongoing operation of cannabis businesses and the City’s oversight, or concerning any other subject determined to be necessary to carry out the purposes of this section.
2. Regulations shall be published on the City’s website.
3. Regulations promulgated by the City Manager shall become effective upon date of publication. Cannabis businesses shall be required to comply with all state and local laws and regulations, including but not limited to any rules, regulations or standards adopted by the City Manager.
4. Special events shall be subject to state law and City permitting requirements. They shall also be subject to applicable City regulations developed under this subsection and any applicable state legislation.
UU. Community Relations.
1. Each cannabis business shall provide the name, telephone number, and email address of a community relations contact to whom notice of problems associated with the cannabis business can be provided. Each cannabis business shall also provide the above information to all businesses and residences located within 100 feet of the cannabis business.
2. During the first year of operation pursuant to this section, the owner, manager, and community relations representative from each cannabis business holding a permit issued pursuant to this section shall attend meetings with the City Manager, and other interested parties as deemed appropriate by the City Manager, to discuss costs, benefits, and other community issues arising as a result of implementation of this section. After the first year of operation, the owner, manager, and community relations representative from each such cannabis business shall meet with the City Manager when and as requested by the City Manager.
3. Cannabis businesses to which a permit is issued pursuant to this section shall develop a City approved public outreach and educational program for youth organizations and educational institutions that outlines the risks of youth addiction to cannabis, and that identifies resources available to youth related to drugs and drug addiction.
VV. Fees Deemed Debt to the City. The amount of any fee, cost or charge imposed pursuant to this section shall be deemed a debt to the City that is recoverable via an authorized administrative process as set forth in the City ordinance or in any court of competent jurisdiction.
WW. Permit Holder Responsible for Violations. The person to whom a permit is issued pursuant to this section shall be responsible for all violations of the laws of the state of California or of the regulations and/or the ordinances of the City, whether committed by the permittee or any employee or agent of the permittee, which violations occur in or about the premises of the cannabis business whether or not said violations occur within the permit holder’s presence.
XX. Inspection and Enforcement.
1. The enforcement officer may enter the location of a cannabis business at any time, without notice, and inspect the location of any cannabis business as well as any recordings and records required to be maintained pursuant to this section or under applicable provisions of state law.
2. It is unlawful for any person having responsibility over the operation of a cannabis business, to impede, obstruct, interfere with, or otherwise not to allow the City to conduct an inspection, review or copy records, recordings or other documents required to be maintained by a cannabis business under this section or under state or local law. It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a cannabis business under this section or under state or local law.
3. The enforcement officer may enter the location of a cannabis business at any time during the hours of operation and without notice to obtain samples of the cannabis to test for public safety purposes. Any samples obtained by the City shall be logged, recorded, and maintained in accordance with established procedures by the City Manager or these regulations.
YY. Violations Declared a Public Nuisance. Each and every violation of the provisions of this section constitutes a misdemeanor and is hereby deemed unlawful and a public nuisance. The City reserves the right to pursue any available legal remedy to address violations of this section.
ZZ. Severability.
1. If any section, subsection, phrase, or clause of this division is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this division.
2. The City Council declares that it would have passed the ordinance codified in this chapter and each section, subsection, phrase, or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared unconstitutional.
AAA. Publication. This chapter shall be published in accordance with the provisions of Government Code Section 36933.
BBB. Effective Date. This chapter shall take effect 30 days after the passage thereof.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.270.090 Drive-Through Facilities.
Drive-through facilities are allowed as accessory uses in compliance with the following:
A. Permitted. A drive-through facility is permitted within the CG or CH district.
B. Minor Use Permit Required. A drive-through facility may be located within the IP or BP district subject to approval of a minor use permit pursuant to Chapter 14.09.300 of this code, Use Permits.
C. Conditional Use Permit Required. A drive-through facility may be located within the CN, CO, or MX district subject to approval of a conditional use permit pursuant to Chapter 14.09.300 of this code, Use Permits.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.270.100 Farmer’s Market.
Farmer’s markets shall be located, developed, and operated in compliance with the following:
A. Required Permits. The market operator and vendors shall obtain any permits required pursuant to this title and secure all necessary licenses, certificates and health permits, including permits for street closure, if applicable. All permits (or copies of them) shall be in the possession of the farmer’s market manager or the vendor, as applicable, on the site of the farmer’s market during all hours of operation.
B. Management Plan. A management plan shall be prepared and provided to the Director of Community Development. The management plan shall include the following:
1. Identification of a market manager or managers, who shall be present during all hours of operation.
2. A set of operating rules addressing the governance structure of the market, the method of assigning booths and registering vendors, hours of operation, maintenance, security, refuse collection, and parking.
C. Hours of Operation. Market activities may be conducted between the hours of seven a.m. and ten p.m. with specific hours and duration to be approved by the City. Set-up of market operations cannot begin more than two hours prior to the operational hours of the market and take-down shall be completed within two hours of the close of the market.
D. Waste Disposal. Adequate composting, recycling, and trash containers shall be provided during hours of operation, and shall be removed from site for appropriate disposal. The site shall be cleaned at the end of each day of operations, including the removal of all stalls and debris.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.270.110 Heliports, Helistops, and Helicopters.
Heliports and helistops, and the operation of helicopters shall be located, developed, and operated in compliance with the following:
A. Landing at Other Than an Established Heliport or Helistop Prohibited. It shall be unlawful for any person to land; discharge passengers, materials, or goods; load passengers, materials or goods; or depart in a helicopter any place within the incorporated limits of the City other than at an approved heliport or helistop, or airport, except as follows:
1. In connection with a construction project where a helicopter is to be used to lift equipment related and a temporary use permit has been issued and all other approvals that may be required herein and from other reviewing agencies including, but not limited to, the Federal Aviation Administration and the state of California Department of Transportation Division of Aeronautics have been attained.
2. Where such deliveries are located within 1,000 feet of a residential district, property owners and residents within 1,000 feet of the site shall be notified by the City at the applicant’s expense, a minimum of five calendar days in advance of the proposed delivery. The notification shall include where the use of a helicopter is proposed and of the times and dates when the helicopter will be operated.
3. The use of a helicopter within 1,000 feet of a residential district is prohibited between dusk and dawn Monday through Saturday and all day on Sunday and holidays unless specifically approved by the Planning Commission at a duly noticed public hearing.
4. In conjunction with a special event such as an athletic contest, a holiday celebration or similar activity after 30 calendar days’ advance notice has been given to the Director of Community Development and a temporary use permit has been approved.
B. General Requirements. The operation of heliports and helistops within the City shall comply with all of the following requirements:
1. There shall be compliance with all laws and regulations of the Federal Aviation Administration, the state of California, and the City.
2. No elevated structure being used as a helistop shall be used for fueling, refueling or the storage of flammables.
3. The owner and the operator of a helipad or helistop within the City shall maintain insurance in the amount of ten million dollars for personal injury and property damage, naming the City as an additional insured, or such additional sums as the Director of Community Development shall deem necessary because of special circumstances in granting a conditional use permit for such facilities.
4. The maximum number of take-offs and landings to be permitted at a helipad or helistop shall be specified in the conditional use permit and shall not exceed a combined total of 10 per day unless the Director of Community Development or the Planning Commission finds that a specified additional number is in the public interest and allows an additional number in granting a conditional use permit for the operation of a helipad or helistop.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.270.120 Home Occupations.
Home occupations shall be located, developed, and operated in compliance with the following:
A. Applicability. This section applies to home occupations in any residential unit in the City regardless of the zoning designation, and agricultural districts. It does not apply to family day care, which is regulated separately.
B. Business License Required. Where applicable, a separate City business license is required for each home occupation.
C. Home Occupation Permit Required. A home occupation permit pursuant to Chapter 14.09.300 of this code, Use Permits, is required prior to the establishment of any home occupation.
D. Operational Standards. All home occupations shall be located and operated consistent with the following standards:
1. Residential Appearance. The residential appearance of the dwelling unit within which the home occupation is conducted shall be maintained, and no exterior indication of a home occupation is permitted.
2. Location. All home occupation activities shall be conducted entirely within the residential/dwelling unit, garage, or accessory building on the lot.
3. Floor Area Limitation. No more than 20 percent of the total floor area of a building on the lot may be used in the conduct of the home occupation.
4. Structural Modification Limitation. No dwelling shall be altered to create an entrance to a space devoted to a home occupation that is not from within the building, or to create features not customary in dwellings.
5. Employees. No employees or independent contractors other than residents of the dwelling unit shall be permitted to work at the location of a home occupation except as otherwise allowed for cottage food operations.
6. On-Site Client Contact. No customer or client visits are permitted except for personal instruction services (e.g., musical instruction or training, art lessons, academic tutoring) which may have up to two students at one time, and as permitted by subsection F of this section for cottage food operations.
7. Direct Sales Prohibition. Home occupations involving the display or sale of products or merchandise are not permitted from the site except by mail, telephone, internet, or other mode of electronic communication, or except as otherwise allowed for cottage food operations.
8. Storage. There shall be no exterior storage of materials, supplies, and/or equipment for the home occupation.
9. Hazardous Materials. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the premises, nor use utilities different from those normally provided for residential use. There shall be no storage or use of toxic or hazardous materials other than the types and quantities customarily found in connection with a dwelling unit.
10. Nuisances. A home occupation shall be conducted such that no offensive or objectionable noise, dust, vibration, smell, smoke, heat, humidity, glare, refuse, radiation, electrical disturbance, interference with the transmission of communications, interference with radio or television reception, or other hazard or nuisance is perceptible at or beyond any lot line of the unit or structure within which the home occupation is conducted, or outside the dwelling unit if conducted in other than a detached single-unit dwelling.
11. Traffic and Parking Generation. Home occupations shall not generate a volume of pedestrian, automobile, or truck traffic that is inconsistent with the normal level of traffic in the vicinity or on the street on which the dwelling is located or which creates the need for additional parking spaces, or involve deliveries to or from the premises in excess of that which is customary for a dwelling unit.
12. Vehicles. A maximum of one automobile, van-type vehicle, or pickup or utility truck related to a home occupation, together with equipment, tools and stock-in-trade, shall be permitted in any residential district subject to the following:
a. Flatbed style trucks, trucks exceeding a one ton load capacity or vehicles exceeding 80 inches in width shall not be permitted;
b. Tools and equipment may not be used for the performance of services upon the premises and stock-in-trade may not be sold from the premises;
c. Commercial vehicles and trailers may not be parked on any public street except when services are being provided; and
d. Trailers used in conjunction with any home occupation may not be parked in the front yard.
E. Exceptions to Operational Standards. The Director of Community Development may grant exceptions to the operational standards of this section upon making the following findings:
1. That the granting of the exception does not result in a home occupation which is inconsistent with the purposes of this section.
2. That there are special circumstances surrounding the proposed home occupation, including evidence of physical disability, or its proposed location such that the proposed home occupation will not be disruptive to the general harmony, safety, or welfare of the residential neighborhood in which the use is proposed.
F. Cottage Food Operations. A cottage food operation is allowed as a home occupation and an accessory use to any legally established residential unit subject to the following standards:
1. Registration. Cottage food operations shall be registered as “Class A” (sold directly to the public) or “Class B” (sold either indirectly to the public or both indirectly and directly to the public) cottage food operations and shall meet the respective health and safety standards set forth in Section 114365 et seq. of the California Health and Safety Code.
2. Sales. Sales directly from a cottage food operation are limited to the sale of cottage food products. A cottage food operation shall not have more than fifty thousand dollars in gross annual sales in each calendar year.
3. Operator and Employee Allowed. Only the cottage food operator and members of the household living in the dwelling unit, as well as one full-time equivalent cottage food employee, may participate in a cottage food operation on the site.
4. Equipment. Cottage food operations may employ kitchen equipment as needed to produce products for which the operation has received registration; provided, that equipment would not change the residential character of the unit, result in safety hazards, or create smoke or steam noticeable at the lot line of an adjoining residential property. Venting of kitchen equipment shall not be directed toward neighboring residential uses.
G. Prohibited Home Occupations. The following specific businesses are not permitted as home occupations:
1. Automobile/vehicle sales and services;
2. Animal care, sales, and services;
3. Cannabis retail;
4. Eating and drinking establishments;
5. Firearm sales, including firearms brokers;
6. Hospitals and clinics;
7. Lodging;
8. Personal services; and
9. Retail sales.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.270.130 Outdoor Dining and Seating.
Outdoor dining and seating shall be located, developed, and operated in compliance with the following:
A. Applicability. The standards of this section apply to outdoor dining and seating located on private property. Outdoor dining and seating located in the public right-of-way is subject to an encroachment permit issued by the Public Works Department or other process established by the City Council.
B. Accessory Use. Outdoor dining and seating shall be conducted as an accessory use to a legally established use that is located on the same lot.
C. Hours of Operation. The hours of operation are limited to the hours of operation of the associated use.
D. Maintenance. Outdoor dining and seating areas shall remain clear of litter at all times.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.270.140 Outdoor Display and Sales.
Outdoor display and sales shall be located, developed, and operated in compliance with the following:
A. Temporary Outdoor Display and Sales. The temporary outdoor display and sale of merchandise shall comply with Section 14.09.270.170, Temporary Uses, and Chapter 14.09.300 of this code, Use Permits.
B. Size. There is no limit on the size of outdoor display areas for vehicle sales and leasing, nursery and garden centers, and building materials sales. For other uses, outdoor display areas 500 square feet or less in size are permitted. Outdoor display areas more than 500 square feet in size require minor use permit approval.
C. Relationship to Main Use. The outdoor display and sales area shall be directly related to a business occupying a primary structure on the subject parcel.
D. Allowable Merchandise. Only merchandise sold at the business is permitted to be displayed outdoors.
E. Location. The displayed merchandise shall occupy a fixed, specifically approved and defined location and shall not disrupt the normal function of the site or its circulation and shall not encroach upon parking spaces, driveways, pedestrian walkways, or required landscaped areas.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.270.150 Recycling Facilities.
Recycling facilities shall be located, developed, and operated in compliance with the California Beverage Container Recycling and Litter Reduction Act of 1986 (Public Resources Code Section 14500) and the following standards:
A. All Recycling Facilities. All recycling facilities shall be subject to the following standards:
1. Security. Recycling facilities shall be secured from unauthorized entry or removal of material and have enough capacity to accommodate materials collected and collection schedule.
2. Maintenance. Recycling facilities, including donation areas, shall be maintained in a dust- and litter-free condition and shall be swept daily.
3. Overconcentration – Grounds for Denial. The decision maker may find that the presence of more than one recycling facility in any convenience zone established by the California State Department of Conservation to be an over-concentration of recycling facilities and on this basis, the decision maker may deny a permit for a recycling facility.
B. Reverse Vending Machines. In addition to the requirements of subsection A of this section, reverse vending machines shall be located, developed, and operated in compliance with the following standards:
1. Number of Machines. Reverse vending machines shall be limited to one machine per host business.
2. Maximum Size. Reverse vending machines shall occupy no more than 50 square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height.
3. Location. In addition to the following requirements, recycling facilities shall comply with the setback requirements of the district in which the facility is located.
a. Reverse vending machines shall only be established in conjunction with a commercial or community service host facility in compliance with applicable Building and Fire Codes.
b. Reverse vending machines shall be located within 30 feet of the entrance to the commercial or community service facility.
c. Reverse vending machines shall not obstruct pedestrian or vehicular circulation.
4. Material. Reverse vending machines shall be constructed and maintained with durable waterproof and rustproof material.
5. Parking. Reverse vending machines shall not occupy parking spaces required by the primary use.
6. Reverse vending machines outside a commercial structure do not require additional parking spaces for patrons.
7. Signs and Identification. Reverse vending machines shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative. The maximum sign area on a reverse vending machine is four square feet per machine, not including operating instructions.
8. Hours of Operation. Operating hours shall be at least the operating hours of the host business.
9. Lighting. Reverse vending machines shall be illuminated to ensure comfortable and safe operations if operating hours are between dusk and dawn.
C. Recycling Collection Facilities. In addition to the requirements of subsection A of this section, recycling collection facilities (including drop-off box locations) shall be located, developed, and operated in compliance with the following standards:
1. Small Recycling Collection Facilities.
a. Maximum Size. Small recycling collection facilities shall not exceed a building footprint of 500 square feet or occupy more than five parking spaces (not including space periodically needed for removal or exchange of materials or containers).
b. Location. In addition to the following requirements, recycling facilities shall comply with the setback requirements of the district in which the facility is located.
i. Small recycling collection facilities shall only be established in conjunction with a commercial or community service host facility in compliance with applicable Building and Fire Codes.
ii. Small recycling collection facilities shall be set back at least 10 feet from any street line, be at least 200 feet from the edge of any four-way intersection, and not obstruct pedestrian or vehicular circulation.
iii. Attended small recycling collection facilities located within 100 feet of a property zoned or occupied for residential use shall operate only during the hours between nine a.m. and seven p.m.
iv. Containers for the 24-hour donation of materials shall all be at least 100 feet from any property zoned or occupied for residential use, unless there is a recognized service corridor and acoustical shielding between the containers and the residential use.
v. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.
c. Equipment. No power-driven processing equipment, except for reverse vending machines, may be used.
d. Items Accepted. Small recycling collection facilities shall accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with permission of the county public health official.
e. Signs and Identification. Signs shall comply with the requirements of Chapter 14.09.260 of this code, Signs. The Director of Community Development may authorize increases in the number, size, and nature of additional signs for necessary directional or identification purposes, but not for outdoor advertising.
i. Informational Sign. Containers shall be clearly marked to identify the type of recyclables that may be deposited. The name and telephone number of the facility operator shall be conspicuously posted, along with the hours of operation, and a notice stating that no material shall be left outside the recycling enclosure or containers.
ii. Additional Signs. In addition to informational signs, signs with a maximum sign area of 16 square feet are allowed.
f. Storage. All recyclable material shall be stored in containers or in the mobile unit vehicle. Materials shall not be left outside of containers when attendant is not present.
g. Parking.
i. Customer Parking. No additional parking spaces are required for customers of a small collection recycling facility located at the established parking lot of a host use.
ii. Attendant Parking. One space shall be provided for the facility attendant.
iii. Parking Reduction. The number of parking spaces required for the primary host may be reduced to allow occupation of parking space by a small collection facility and/or attendant, provided all of the conditions are met:
(A) The facility is located in a convenience zone, as designated by the California Department of Conservation;
(B) The facility is certified by the California Department of Conservation;
(C) A parking study shows available capacity during recycling facility operation;
(D) The permit will be reconsidered at the end of 18 months; and
(E) The parking space reduction does not exceed the requirements of Table 14.09.270.A, Allowed Parking Reduction to Accommodate Small Recycle Collection Facilities.
|
Required Parking Space for Primary Host |
Maximum Parking Space Reduction |
|---|---|
|
Commercial Facility Host Use |
|
|
0 – 25 |
0 |
|
26 – 35 |
1 |
|
36 – 49 |
2 |
|
50 – 99 |
3 |
|
100 + |
4 |
|
Commercial Facility Primary Use |
|
|
A maximum reduction of five spaces allowed when not in conflict with parking needs of the primary use |
|
2. Large Recycling Collection Facilities.
a. Location. In addition to the following requirements, recycling facilities shall comply with the setback requirements of the zoning district in which the facility is located:
i. Large recycling collection facilities shall not abut any property with a residential use.
ii. Large recycling collection facility located within 100 feet of property zoned, planned or occupied for residential use, shall not be in operation between seven p.m. and seven a.m.
iii. Any containers provided for after-hours donation of recyclable materials will be at least 100 feet from any property zoned or occupied for residential use.
b. Equipment. Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding or other light processing activities necessary for efficient temporary storage and shipment of material, may be allowed if all activities are fully enclosed within a building.
c. Signs and Identification. Signs shall comply with the requirements of Chapter 14.09.260 of this code, Signs. The Director of Community Development may authorize increases in the number, size, and nature of additional signs for necessary directional or identification purposes, but not for outdoor advertising.
i. Containers shall be clearly marked to identify the type of recyclables that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers.
ii. The facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation.
d. Noise. Large recycling collection facilities shall not exceed noise levels of 60 dBA as measured at the property line of the nearest residentially zoned or occupied property, or 70 dBA at all other property lines.
e. Parking. Large recycling collection facilities shall comply with the parking requirements of Chapter 14.09.230 of this code, Parking and Loading. An exception may be made to allow a parking reduction where it can be shown that parking spaces are not necessary (i.e., when employees are transported in a company vehicle to a work facility).
i. Customer Parking. The facility shall provide six parking spaces, or the number of spaces to accommodate the anticipated peak customer load, whichever is higher, except where the Director of Community Development determines that allowing additional parking is appropriate to the site and compatible with surrounding businesses and public safety.
ii. Commercial Vehicle Parking. One parking space shall be required for each commercial vehicle operated by the large recycling collection facility.
D. Recycling Processing Facilities. In addition to the requirements of subsection A of this section, recycling processing facilities shall be located, developed, and operated in compliance with the following standards:
1. All Recycling Processing Facilities. All recycling processing facilities shall be subject to the following criteria:
a. No portion of an existing parcel shall be divided for the financial purpose of establishing a subleased recycling facility, nor shall any such facility receive approval, until the provisions of the Subdivision Map Act have been complied with and a record map or description is filed;
b. All recycling facilities shall comply with the requirements of Chapter 14.09.230 of this code, Parking and Loading;
c. All sites shall have access to a convenient water supply for cleaning purposes; and
d. All sites shall be located near or have access to a storm drain.
2. Light Processing Facilities. In addition to the requirements of subsection D.(1) of this section, light processing facilities shall be located, developed, and operated in compliance with the following standards:
a. Maximum Size. Light processing facilities shall not exceed 4,500 square feet.
b. Location. In addition to the following requirements, recycling facilities shall comply with the setback requirements of the district in which the facility is located:
i. Light processing facilities shall not abut a property zoned or used for residential use.
ii. Light processing facilities located within 100 feet of property zoned or occupied for residential use shall not be in operation between seven p.m. and seven a.m.
c. After-Hours Donation Containers.
i. Shall be located at least 100 feet from any property zoned or occupied for residential use;
ii. Shall be constructed of durable waterproof, rustproof material;
iii. Shall have enough capacity to accommodate materials collected; and
iv. Shall be secure from unauthorized entry or removal of materials.
d. Equipment. Power-driven processing shall be permitted in compliance with Section 14.09.240.140, Noise. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source separated recyclable materials and repairing of reusable materials.
e. Items Accepted. Light processing facilities may accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code.
f. Signs and Identification. Signs shall comply with the requirements of Chapter 14.09.260 of this code, Signs. The Director of Community Development may authorize increases in the number, size, and nature of additional signs for necessary directional or identification purposes, but not for outdoor advertising.
i. Containers shall be clearly marked to identify the type of recyclables that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers.
ii. The facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation.
g. Parking.
i. Customer Parking. Adequate space shall be provided on site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, space will be provided for a minimum of 10 customers or the peak load, whichever is higher, except where the Planning Commission determines that allowing additional parking is appropriate to the site and compatible with surrounding businesses and public safety.
ii. Commercial Vehicle Parking. One parking space shall be provided for each commercial vehicle operated by the light processing facility.
h. Noise. Light processing facilities shall not exceed noise levels of 60 dBA as measured at the property line of the nearest residentially zoned or occupied property, or 70 dBA at all other property lines.
i. Operations.
i. Shipments. Light processing facilities shall have no more than an average of two outbound truck shipments of material per day and may not shred, compact, or bale ferrous metals other than food and beverage containers.
ii. Personnel. Light processing facilities will be administered by on-site personnel during the hours the facility is open.
j. Performance Standards. No dust, fumes, smoke, vibration or odor above ambient level shall be detectable on neighboring properties, as provided for by Chapter 14.09.240 of this code, Performance Standards.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.270.160 Residential Uses in Commercial and Employment Districts.
A. Allowed Development. Attached single-unit dwellings and multi-unit dwellings are allowed in the CN, CG, and CO districts and multi-unit dwellings (only) in the BP district, subject to conditional use permit approval and the standards of this section.
B. Minimum Density. The minimum density is 8.1 units per acre.
C. Development Standards. Development standards, including, but not limited to, parking, site coverage, open space and recreation area, building height, separation between uses, and required yards shall be determined through the conditional use permit process.
D. Required Findings. In approving a residential use in commercial and employment districts pursuant to this section, the decision making authority shall make the following findings:
1. Future residents would not be exposed to health or safety hazards or excessive lighting due to the operation of nonresidential development;
2. Residential development would not be detrimental to the existing or proposed uses allowed by the underlying zoning district;
3. The site or area dedicated to residential uses is not needed to provide commercial services or employment uses; and
4. In the BP district, the residential development is part of an integrated development with a mix of commercial and employment uses.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.270.170 Telecommunication Facilities.
A. Purpose. To provide a uniform and comprehensive set of standards for the development and installation of facilities related to telecommunication facilities in order to accommodate the needs of residents and businesses while protecting the public health, safety, and welfare, and the aesthetic quality of the community, consistent with the goals, objectives, and policies of the General Plan, while providing for managed development of telecommunication infrastructure in compliance with the Federal Telecommunications Act of 1996 and related requirements in state law. The specific objectives of this chapter are to:
1. Ensure that a comprehensive and broad range of telecommunications services and high quality telecommunications infrastructure are provided to serve the community, including the enhancement of Vacaville’s emergency response network;
2. Maintain an aesthetically pleasing community environment by ensuring that antenna support structures and associated communications equipment will not create visual clutter, block or degrade views, or diminish the architectural character of buildings and neighborhoods;
3. Minimize adverse visual and aesthetic effects of telecommunication facilities through careful design and siting standards;
4. Maximize the use of existing and approved structures to accommodate new communication antennas in order to reduce the number of freestanding facilities needed to serve the community;
5. Encourage the location of facilities in nonresidential areas through performance standards and incentives; and
6. Accrue additional benefit from the facilities to the public by encouraging the leasing of publicly owned properties, where feasible, for the development of telecommunication facilities.
B. Applicability and Exemptions. The requirements of this section apply to all telecommunication facilities that transmit and/or receive electromagnetic signals, including but not limited to personal communications services (cellular and paging) and radio and television broadcast facilities. The requirements apply to telecommunication facilities that are the primary use of a property and those that are accessory facilities, except that the following facilities are exempt:
1. Licensed amateur (ham) radio and citizen band operations.
2. Handheld, mobile, marine, and portable radio transmitters and/or receivers.
3. Emergency services radio.
4. Radio and television mobile broadcast facilities.
5. Antennas and equipment cabinets or rooms completely located inside of permitted structures.
6. A single ground- or building-mounted receive-only radio or television antenna not exceeding the maximum height permitted by this code, including any mast, or a receive-only radio or television satellite dish antenna, subject to the following restrictions:
a. Residential Districts.
i. Satellite Dish One Meter or Less. A satellite dish that does not exceed one meter in diameter, is not located within a required front or street side setback or in front of the primary structure, and for the sole use of a resident occupying the same residential parcel is permitted so long as it does not exceed the height of the ridgeline of the primary structure on the same parcel.
ii. Satellite Dish Greater Than One Meter. A satellite dish that is greater than one meter in diameter, is not located within a required setback, and is screened from view from any public right-of-way and adjoining property.
iii. Antennas. An antenna that is mounted on any existing building or other structure that does not exceed 25 feet in height. The antenna shall be for the sole use of a resident occupying the same residential parcel on which the antenna is located.
b. Nonresidential Districts.
i. Satellite Dish Two Meters or Less. A satellite dish that does not exceed two meters in diameter is permitted on a lot in a nonresidential district so long as it is not located within a required front or street side setback or in front of the primary structure.
ii. Satellite Dish Greater Than Two Meters. A satellite dish that is greater than two meters in diameter that is not located within a required setback and is screened from view from any public right-of-way and adjoining property.
iii. Mounted Antennas. An antenna that is mounted on any existing building or other structure when the overall height of the antenna and its supporting tower, pole or mast does not exceed a height of 25 feet or is completely screened by the parapet or other roof elements of the building.
iv. Freestanding Antennas. A freestanding antenna and its supporting tower, pole, or mast that complies with all applicable setback requirements when the overall height of the antenna and its supporting structure does not exceed a height of 25 feet.
v. Undergrounding Required. All wires and/or cables necessary for operation of an antenna shall be placed underground or attached flush with the surface of the building or the structure of the antenna.
7. Any antenna or wireless communications facility that is exempt from local regulation pursuant to the rules and regulations of the Federal Communications Commission (FCC) or a permit issued by the California Public Utilities Commission (CPUC). The owner or operator of such facility shall provide the Director of Community Development with a copy of a current FCC or CPUC permit or a copy of applicable FCC regulations prior to its installation.
8. Minor modifications to existing wireless facilities, including replacement in kind or with smaller or less visible equipment, that meet the standards set forth in this section and will have little or no change in the visual appearance of the facility.
C. Permit Requirements.
1. Replacement, Removal, or Co-Location of Transmission Equipment (Eligible Facilities Request). The co-location of new transmission equipment, removal of transmission equipment, or the replacement of transmission equipment is permitted by right provided the modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base structure, including an electric utility pole erected to replace an existing electric utility pole, if the replacement pole will serve both electric and wireless communications functions, and if the replacement pole is substantially equivalent to the predecessor pole in placement, height, diameter, and profile.
2. Stealth Facilities. Stealth facilities in which the antenna, and sometimes the support equipment, are hidden from view in a structure or concealed as an architectural feature, are permitted in all districts subject to minor use permit approval.
3. Co-Located Facilities. Permitted by right when proposed to be co-located on a facility that was subject to a discretionary permit issued on or after January 1, 2007, and an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the wireless telecommunication collocation facility in compliance with the California Environmental Quality Act and the collocation facility incorporates required mitigation measures specified in that environmental impact report, negative declaration, or mitigated negative declaration.
4. Non-Stealth Facilities. Permitted in nonresidential districts subject to conditional use permit approval.
D. Standards. Telecommunication facilities shall be located, developed, and operated in compliance with all of the following standards and with applicable standards of the zoning district in which they are located:
1. Location and Siting.
a. New telecommunication facilities located on prominent points of ridgelines or that silhouette against the sky above a protected ridgeline are prohibited. Telecommunication facilities located in ridgeline areas are also subject to the provisions of Section 14.09.120.050, Ridgeline Setback.
b. No new freestanding facility, including a tower, lattice tower, or monopole, shall be located within one mile of another freestanding facility, unless mounting on a building or co-location on an existing pole or tower is not feasible and appropriate camouflage techniques have been used to minimize the visual impact of the facility to the extent feasible.
c. Telecommunication facilities shall meet the setback requirements of the district in which they are to be located.
d. When feasible, providers of personal wireless services shall co-locate facilities in order to reduce adverse visual impacts. The Director of Community Development may require co-location or multiple-user wireless telecommunication facilities based on a determination that it is feasible and consistent with the purposes and requirements of this section.
e. When determined to be feasible and consistent with the purposes and requirements of this section, the Director of Community Development shall require the applicant to make unused space available for future co-location of other telecommunication facilities, including space for different operators providing similar, competing services.
2. Support Structures. Support structures for telecommunication facilities may be any of the following:
a. An existing nonresidential building.
b. An existing structure other than a building, including, but not limited to, light poles, electric utility poles, water towers, smokestacks, billboards, lattice towers, and flag poles.
c. An alternative tower structure such as a clock tower, steeple, functioning security light pole, functioning recreational light pole, or any similar alternative-design support structure that conceals or camouflages the telecommunication facility. The term “functioning” as used herein means the light pole serves a useful and appropriate lighting function as well as a wireless communications function.
d. Existing publicly owned and operated monopole or a lattice tower exceeding the maximum height limit.
e. A single pole (monopole) sunk into the ground and/or attached to a foundation. Any new monopole shall be constructed to allow for co-location of at least one other similar communications provider.
f. A monopole mounted on a trailer or a portable foundation if the use is for a temporary communications facility.
3. Height Requirements.
a. Freestanding Antenna or Monopole. A freestanding antenna or monopole shall comply with the following height requirements:
i. A freestanding antenna or monopole designed to accommodate only one service provider shall not exceed 65 feet in height.
ii. A freestanding antenna or monopole designed to accommodate two service providers shall not exceed 80 feet in height.
iii. A freestanding antenna or monopole designed to accommodate more than two service providers shall not exceed 125 feet in height.
b. Building-Mounted Facilities. Telecommunication facilities mounted on buildings shall not exceed a height of 10 feet above the height limit of the district or 10 feet above the existing height of a legally established building, whichever is lower, measured from the top of the facility to the point of attachment to the building.
c. Facilities Mounted on Structures. Telecommunication facilities mounted on an existing structure shall not exceed the height of the existing structure unless camouflaged as part of the structure design, except antennas may extend up to 10 feet above the height of an electric utility pole.
d. Facilities Mounted on Light Poles. A functioning security light pole or functioning recreational light pole shall have a height consistent with existing poles in the surrounding area or height usually allowed for such light poles.
4. Design and Screening. Telecommunication facility structures and equipment shall be located, designed, and screened to blend with the existing natural or built surroundings, as well as any existing support structures, so as to reduce visual impacts to the extent feasible.
a. Stealth Facilities. State of the art stealth design technology shall be utilized as appropriate to the site and type of facility. Where no stealth design technology is proposed for the site, a detailed analysis as to why stealth design technology is physically and technically infeasible for the project shall be submitted with the application.
b. Other Facility Types. If a stealth facility is not feasible, the order of preference for facility type is, based on their potential aesthetic impact: facade-mounted, roof-mounted, ground-mounted, and freestanding tower or monopole. A proposal for a new ground-mounted or freestanding tower shall include factual information to explain why other facility types are not feasible.
c. Minimum Functional Height. All freestanding antennas, monopoles, and lattice towers shall be designed to be the minimum functional height and width required to support the proposed antenna installation, unless it can be demonstrated that a higher antenna, monopole, or tower will facilitate co-location.
d. Camouflage Design. Telecommunication facilities that are mounted on buildings or structures shall be designed to match existing architectural features, incorporated in building design elements, camouflaged, or otherwise screened to minimize their appearance in a manner that is compatible with the architectural design of the building or structure.
e. Equipment Cabinets. Equipment cabinets shall be located within the building upon which antennas are placed, if technically feasible. Otherwise, equipment cabinets, buildings, and associated equipment, such as air conditioning units and emergency generators, shall be screened from view by a wall or landscaping, as approved by the City. Any wall shall be architecturally compatible with the building or immediate surrounding area.
f. Landscaping. Landscaping shall be provided for and maintained to screen any ground structures or equipment visible from a public right-of-way.
g. Lighting. Artificial lighting of a telecommunication facility, including its components, is prohibited, unless required by the Federal Aviation Administration. A motion-sensor light may be used for security purposes if the beam is directed downwards, shielded from adjacent properties, and kept off except when personnel are present at night.
h. Advertising. No advertising shall be placed on telecommunication facilities, equipment cabinets, or associated structures.
5. Security Features. All facilities shall be designed to minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances.
a. Fencing. Security fencing, if any, shall not exceed the fence height limit of the base district. Fencing shall be effectively screened from view through the use of landscaping. No chain link fences shall be visible from public view.
b. Maintenance. The permittee shall be responsible for maintaining the site and facilities free from graffiti.
6. Radio Frequency Standards, Interference, and Noise.
a. Radio Frequency. Telecommunication facilities shall comply with federal standards for radio frequency emissions and interference. Failure to meet federal standards may result in termination or modification of the permit.
b. Interference. Telecommunications facilities shall not interfere with public safety radio communications.
c. Noise. Telecommunication facilities and any related equipment, including backup generators and air conditioning units, shall not generate noise in excess of the limits established in Section 14.09.240.140, Noise. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall be scheduled and conducted in such a manner that is the least disruptive to surrounding land uses.
7. Co-Location. The applicant and owner of any site on which a telecommunication facility is located shall cooperate and exercise good faith in co-locating telecommunication facilities on the same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of co-location, and may include negotiations for erection of a replacement support structure to accommodate co-location. A competitive conflict to co-location or financial burden caused by sharing information normally will not be considered as an excuse to the duty of good faith.
a. All facilities shall make available unused space for co-location of other telecommunication facilities, including space for these entities providing similar, competing services. Co-location is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a significant period of time. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the City may require the applicant to obtain a third party technical study at applicant’s expense. The City may review any information submitted by applicant and permittee(s) in determining whether good faith has been exercised.
b. All co-located and multiple-user telecommunication facilities shall be designed to promote facility and site sharing. Telecommunication towers and necessary appurtenances, including but not limited to parking areas, access roads, utilities, and equipment buildings, shall be shared by site users whenever possible.
c. No co-location may be required where it can be shown that the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing telecommunication facilities or failure of the existing facilities to meet federal standards for emissions.
d. Failure to comply with co-location requirements when feasible or cooperate in good faith as provided for in this section is grounds for denial of a permit request or revocation of an existing permit.
8. Fire Prevention and Emergency Response. All telecommunication facilities shall be designed and operated in a manner that will minimize the risk of igniting a fire or intensifying one that otherwise occurs.
a. At least one-hour fire resistant interior surfaces shall be used in the construction of all buildings.
b. The exterior walls and roof covering of all above-ground equipment shelters and cabinets shall be constructed of materials rated as non-flammable in the Building Code.
c. Monitored automatic fire extinguishing systems shall be installed in all equipment buildings and enclosures.
d. Openings in all above-ground equipment shelters and cabinets shall be protected against penetration by fire and wind-blown embers to the extent feasible.
e. Address signs shall be installed in conformance with Fire Chief’s requirements at the entrance off the public way, where needed to provide direction along the access road, and at the facility itself.
f. A permanent, weather-proof, facility identification sign shall be placed on the gate in the fence or wall around the equipment building, or if there is no fence or wall, next to the door to the equipment shed itself. Said sign shall identify the facility operator and specify a 24-hour telephone number at which the operator can be reached.
9. Surety Bond. As a condition of approval, an applicant for a building permit to erect or install a telecommunication facility shall be required to post a cash or surety bond in a form and amount acceptable to the City Attorney to cover removal costs of the facility in the event that its use is abandoned or the approval is otherwise terminated.
E. Required Findings.
1. General Findings. In approving a telecommunication facility, the decision-making authority shall make the following findings:
a. The proposed use conforms with the specific purposes of this section and any special standards applicable to the proposed facility;
b. The applicant has made good faith and reasonable efforts to locate the proposed facility on a support structure other than a new ground-mounted antenna, monopole, or lattice tower or to accomplish co-location;
c. The proposed site results in fewer or less severe environmental impacts than any feasible alternative site; and
d. The proposed facility will not be readily visible or it is not feasible to incorporate additional measures that would make the facility not readily visible.
2. Additional Findings for Facilities Not Co-Located. To approve a telecommunication facility that is not co-located with other existing or proposed facilities or a new ground-mounted antenna, monopole, or lattice tower, the decision making authority shall find that co-location or siting on an existing structure is not feasible because of technical, aesthetic, or legal consideration including that such siting:
a. Would have more significant adverse effects on views or other environmental considerations;
b. Is not permitted by the property owner;
c. Would impair the quality of service to the existing facility; or
d. Would require existing facilities at the same location to go offline for a significant period of time.
3. Additional Findings for Setback Reductions. To approve a reduction in setback, the decision making authority shall make one or more of the following findings:
a. The facility will be co-located onto or clustered with an existing, legally established telecommunication facility; and/or
b. The reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible;
c. Additional Findings for Any Other Exception to Standards. The Planning Commission may waive or modify requirements of this section upon finding that strict compliance would result in noncompliance with applicable federal or state law.
F. Vacation and Removal of Facilities.
1. A carrier using facilities within the City shall provide the City with a copy of the notice to the FCC or California Public Utilities Commission of intent to cease operations at the time such notice is filed.
2. The operator of a telecommunications facility shall remove all unused or abandoned equipment, antennas, poles, or towers within one year of discontinuation of the use and, if there are no active providers on the facility, the site shall be restored to its original, preconstruction condition.
3. If the facilities are not removed within one year, or other period of time as determined in writing by the City, the City may have the facilities removed at the owner’s or carrier’s expense, provided, however, that recovery of expenses shall be limited to the reasonable and documented costs of removal.
4. All costs incurred by the City to undertake any work required to be performed pursuant to this section shall be borne solely by the applicant.
(Ord. 1985, Amended, 07/25/2023; Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.270.180 Temporary Uses.
This section establishes standards for certain uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the site where they occur. The provisions of this section apply to temporary uses on private property. Temporary uses on public property require a special event permit from the City.
A. Business License Required. Where applicable, a separate City business license is required for each vendor.
B. Temporary Uses Not Requiring a Use Permit. The following types of temporary uses may be conducted without a use permit. Other permits, such as building permits, may be required.
1. Yard/Garage Sales. Sales of personal property conducted by a resident of the premises with a maximum term of three consecutive calendar days and occurring no more than two times a year.
2. Nonprofit Fundraising. Fundraising activities by tax exempt organizations pursuant to 501(C) of the Federal Revenue and Taxation Code are allowed in nonresidential zones with no limitation on the number of occasions and duration where there is no disruption to the normal circulation of the site; encroachment upon driveways, pedestrian walkways, or required parking or landscaped areas; obstruction to sight distances; or other created hazard for vehicle or pedestrian traffic.
3. Seasonal Sales. The annual sales of holiday related items such as Christmas trees, pumpkins, and similar items may be permitted in accordance with the following standards. This subsection is only applicable to temporary seasonal sales that are not in conjunction with an existing business and are not applicable to farmers’ markets or the sale of fireworks.
a. Location. Seasonal sales are limited to nonresidential zones.
b. Time Period.
i. Seasonal sales associated with holidays are allowed up to a month preceding and one week following the holiday.
ii. The subject lot shall not be used for seasonal sales more than three times within the calendar year.
c. Display.
i. Location of the displayed merchandise shall not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required parking or landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.
ii. All items for sale, as well as signs and temporary structures, shall be removed within 10 calendar days after the end of sales, and the appearance of the site shall be returned to its original state.
4. Commercial Special Events and Sales. Commercial special events and sales including, but not limited to, grand opening events, and other special sales events, are allowed in accordance with the following standards:
a. Location. Events are limited to nonresidential zones and shall be located on the site of a permanent, commercial use.
b. Number of Events. No more than six events at one site shall be allowed within any 12-month period.
c. Duration. The maximum duration of a single event is five consecutive calendar days, with a minimum of 14 calendar days between each event.
d. Display. Location of the event or displayed merchandise shall not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required parking or landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.
5. Temporary Construction Office Trailers. Screening may be required by the Director of Community Development for on-site temporary construction offices during the period of construction.
6. Sales Offices and Model Homes. Model homes with sales offices and temporary information/sales offices in new residential developments of five or more units or lots are subject to the following requirements:
a. Time Limits.
i. Temporary Sales Office. A temporary information/sales trailer may be used during the construction of the model homes for a maximum period of six months or completion of the first phase of the development, whichever occurs first.
ii. Model Homes. Model homes may be established and operated for a period of three years or until completion of the sale of the lots or units, whichever comes first. One-year extensions may be approved by the Director of Community Development until the sale of all lots/residences is completed.
b. Location of Sales. Real estate sales conducted from a temporary sales office are limited to sales of lots or units within the development.
c. Return to Residential Use. Prior to the sale of any of the model homes as a residence, any portion used for commercial purposes shall be converted to its intended residential purpose.
C. Standards for Model Homes and Complexes. For the purpose of this section, a model home is a residential dwelling unit(s) designed and improved to temporarily display and market homes to be constructed on lots in a planned subdivision after tentative map and before final map approval. Model homes are permitted but not required for all residential subdivisions. Model homes and complexes shall be constructed in accordance with the following standards:
1. Applicability of Standards. The model homes shall meet all applicable zoning and development standards for the lots as shown on the tentative map.
2. Number Permitted. A minimum of one model home is permitted within each tentative subdivision with a maximum number of model homes not to exceed 10 percent of the total number of proposed homes in the tentative subdivision.
3. Site Plan Required. All applicants shall submit a site plan indicating the lots on which the models are to be constructed. The location and details of the sales office shall be identified on the plans. The site plan shall also provide the location of all proposed off-street parking, fencing and all other on- and off-site improvements associated with the models.
4. Parking. No less than one off-street parking space shall be provided for each model. Parking spaces shall be located within 600 feet of the model complex and comply with standards in Chapter 14.09.230 of this code, Parking and Loading. Accessible parking spaces shall be provided and comply with ADA standards.
5. Landscaping. Model home complexes shall be landscaped in the same manner as the final lots.
6. Conversion of Office Space Back to Living Area. Sales offices, signs, and temporary improvements associated with the model complex shall be removed prior to occupancy of the last dwelling unit constructed in the subdivision. Sales offices located in an approved garage space shall be converted back into garage area.
7. Signs. Signs for model homes shall follow Chapter 14.09.260 of this code, Signs. The location of all proposed street numbering, fire routes, ground and wall signage shall be clearly identified on the site plan. Any sign illumination shall be directed towards the sign itself and diverted from adjacent properties.
D. Temporary Uses Requiring a Temporary Use Permit. Other temporary uses may be permitted pursuant to Chapter 14.09.300 of this code, Use Permits, subject to the following standards. Additional or more stringent requirements may be established through the temporary use permit process to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the City as a whole.
1. Special Events. Short-term special events that are not located on the site of a permanent, commercial use may be permitted in accordance with the following standards:
a. Location. Events are limited to nonresidential zones.
b. Number of Events. No more than six events at one site shall be allowed within any 12-month period.
c. Duration. The maximum duration of a single event is five consecutive calendar days, with a minimum of 14 calendar days between each event.
2. Carnivals or Other Amusement Activities. Temporary outdoor operation of carnivals or other amusement activities in accordance with the provisions of Chapter 9.17 of this code, Circuses, Carnivals and Amusement Rides. The maximum duration of a single event shall be seven consecutive calendar days, with a minimum of 120 calendar days between such events.
3. Temporary Structures. Temporary structures in a nonresidential zone for less than one year.
4. Mobile Food Service. Mobile food service carts, trailers, vehicles, and/or similar temporary, portable, or mobile structures or vehicles may be permitted in accordance with the following standards:
a. Location. Mobile food service may only operate in nonresidential districts. Vehicles shall not be left unattended at any time, or be left on site when inactive, or stored overnight.
b. Duration. No lot may have a mobile food service on site for more than 30 calendar days total in any 12-month period unless authorized through a minor use permit.
c. Displaced Parking. Mobile food service may displace up to three required nonresidential parking spaces for a maximum of four hours per day per parking lot; provided, that no more than 10 percent of the total number of parking spaces on site are displaced. Required parking spaces for an existing nonresidential use may be displaced if the existing nonresidential use is not open during the event.
d. Paving. Mobile food service vehicles shall only be stopped or parked on surface paved with concrete, asphalt, or another surface approved by the Director of Community Development.
e. Obstructions. Mobile vendor location and operations, including customers, seating, and equipment, shall not obstruct the right-of-way, sight distances, or otherwise create hazards for vehicle or pedestrian traffic. The location shall comply with applicable accessibility requirements and the Americans with Disabilities Act.
f. Nuisance. Mobile vendors shall be responsible for keeping the area clean of any litter or debris and shall provide trash receptacles for customer use on site. No vendor shall ring bells, play chimes, play an amplified musical system, or make any other notice to attract attention to its business while operating within City limits. The use of prohibited or unpermitted signs for mobile food vendors is not allowed.
E. Temporary Uses Requiring a Minor Use Permit. Other temporary uses that do not meet the standards for temporary uses not requiring a permit or requiring a temporary use permit may be allowed in nonresidential districts with the approval of a minor use permit so long as they are determined to be temporary in nature and will not unreasonably impair circulation or the operation of other uses in the area or otherwise create significant impacts.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.270.190 Urban Agriculture.
Urban agriculture uses shall be located, developed, and operated in compliance with the following. Urban agriculture does not include cannabis, which is separately regulated pursuant to Chapter 9.14 of this code, Personal Home Cannabis Cultivation.
A. Community and Market Gardens.
1. Management. A manager shall be designated for each garden who shall serve as liaison between gardeners, property owner(s), and the City.
2. Hours of Operation. Gardens shall only be tended between dawn and dusk unless additional hours are approved pursuant to a minor use permit.
3. Buildings and Structures. Accessory buildings, such as sheds, greenhouses, and hoop houses, are allowed and shall comply with the property development standards of the zone.
4. Equipment. Use of mechanized farm equipment is prohibited except as provided below or approved pursuant to a minor use permit.
a. Heavy equipment may be used initially to prepare the land for gardening.
b. Landscaping equipment designed for household use is permitted.
5. Maintenance.
a. The operator shall be responsible for the overall maintenance of the site and shall remove weeds, debris, and other similar materials in a timely manner.
b. Soil amendments, composting, and waste material shall be managed and shall not attract nuisance flies or support growth of flies.
6. Composting.
a. Compost and compost receptacles shall be located so as not to be visible from a public right-of-way.
b. Compost and compost receptacles shall be set back a minimum of 20 feet from residential structures.
c. In residential districts, composting is limited to the materials generated on site and shall be used on site.
7. Utilities. The land shall be served by a water supply sufficient to support the cultivation practices used on the site.
B. Urban Agriculture Stands. Urban agriculture stands are permitted on the site of an urban agriculture use subject to the following regulations:
1. Maximum Size. Limited to 120 square feet unless a larger size is approved pursuant to a minor use permit.
2. Removal. Urban agriculture stands shall be dismantled and removed during nonoperating hours.
3. Sales. Product sales are limited to produce and value-added products grown and produced on site.
4. Hours of Operation. Operating hours for an urban agriculture stand are limited to eight a.m. to seven p.m.
5. Days of Operation. In residential districts, urban agriculture stands may operate a maximum of three calendar days per week.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.270.200 Low-Barrier Navigation Center Regulations.
A. Purpose and Applicability. The purpose of this section is to establish development standards for low-barrier navigation centers and to ensure this use is constructed and operated in a manner that is consistent with the requirements and allowances of state law, specifically Article 12 of Chapter 3 of Division 1 of the Planning and Zoning Law commencing with California Government Code Section 65660. The provisions of this section shall apply to all low-barrier navigation center projects.
B. Permit Required. A planning permit is required prior to the establishment of any low-barrier navigation center project meeting either of the following criteria. The permit shall be a ministerial action without discretionary review or a hearing. The City shall notify a developer whether the developer’s application is complete within 30 days, pursuant to California Government Code Section 65943. City action shall be taken within 60 days of a complete application being filed.
C. Development and Operational Standards. A low-barrier navigation center development is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses, if it meets the following requirements:
1. Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.
2. Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to 24 CFR Section 576.400(d) or 578.7(a)(8), as applicable, as those sections read on January 1, 2020, and any related requirements designed to coordinate program participant intake, assessment, and referrals.
3. Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
4. Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as described by 24 CFR Section 578.57.
(Ord. 1984, Added, 07/25/2023)