Vacaville Municipal Code Ch. 14.09.270 Standards for Specific Uses and Activities

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(Ord. 1972, Repealed and Replaced, 02/22/2022)

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(Ord. 1972, Repealed and Replaced, 02/22/2022)

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(Ord. 1972, Repealed and Replaced, 02/22/2022)

A. Purpose. The purpose of this chapter is to establish a registration program and standards for vacant and abandoned properties. The registration program and provisions for these properties are established to protect neighborhoods and other areas of the city from becoming blighted due to inadequate maintenance and security of abandoned and vacant properties.

B. Definitions.

"Property"

Shall mean any portion of unimproved or improved real estate which includes the buildings or structures located on it regardless of condition.

"Property owner"

Shall mean the responsible party, person, or entity owning the property as shown on the last equalized tax assessment maintained in the Solano County Assessor's office; or any person, co-partnership, agent, operator, firm, association, corporation, or fiduciary having a legal or eguitable interest in the property or who otherwise exercises control of the property, including the trustee or guardian of the estate of any such person and the executor or administrator or the estate of such person. For purposes of this chapter only a single registration will be necessary per property.

"Vacant building"

Shall mean any residential or commercial property which is not occupied or used for more than 30 consecutive days, whether made vacant by voluntary action, fire, or other damage, or as a result of enforcement action by the city.

"Vacant lot"

Shall mean a lot or parcel that is undeveloped.

"Vacant real property"

Shall mean any vacant lot or vacant building. For the purposes of this chapter, vacant real property shall not include vacant lots or buildings for which construction on the property is proceeding to completion with active building permits, and shall not include property owned by a governmental entity providing adequate maintenance of their property on a monthly basis as determined by the Code Enforcement division of the city.

C. Registration.

1. Any property owner who holds any property interest in any vacant real property that has been vacant for more than 30 days and is located within the City of Vacaville shall register the property with the Code Enforcement Division of the City. The registration form shall include the following:

a. Name, mailing address, and contact information of the property owner.

b. Name, mailing address, and contact information of anyone handling the deed of trust or foreclosure.

c. Name, mailing address, and contact information of the property management company responsible for maintaining the property.

d. A statement of intent which provides the following information:

i. The expected period of vacancy.

ii. A detailed plan for the regular maintenance of the property during the period of vacancy.

iii. A timeframe for the lawful re-occupancy, rehabilitation, or demolition of the structure.

2. An annual registration fee shall be paid to the Code Enforcement Division of the City.

a. The registration and accompanying fee shall be valid for the remaining portion of the calendar year in which the registration was initially required.

b. The registration fee may be prorated.

c. Subsequent registrations and fees shall be due January 1st of each year and must be received by the city no later than January 31st of the year due.

3. Persons required to register property pursuant to this chapter shall keep the property registered and comply with all security and maintenance requirements of this chapter for the entire time the property remains vacant.

4. The person responsible for registering the property shall notify the City of any change of information contained in the registration, when property becomes occupied, or when the title is transferred to another party within 10 calendar days of the change. When the title is transferred to another party, the responsible party shall re-register the property with City within 10 calendar days of the transfer.

5. Exemptions. The Code Enforcement Division may determine at their discretion that a property may be exempt from the registration requirement of this chapter, but shall still comply with maintenance requirements of this chapter, and Chapters 8.04 and 8.10, if one of the following conditions are met:

a. The building is subject to, or becomes subject to, an active building permit authorizing repair or rehabilitation, and the property owner is progressing to complete the repair or rehabilitation; or

b. The building meets all codes, is ready for occupancy, and, through the verifiable use of signage, current real estate listings, or other acceptable means, is actively being offered for sale, lease or rent.

6. Notice of Violation. Upon a finding by the Code Enforcement Division that an unregistered property is in violation with the provisions of this chapter, notice will be issued to the property owner of the violation. Such notice will establish a 30-day compliance period in which the violations must be resolved.

D. Maintenance.

1. The property shall be kept free of all conditions that are deemed a public nuisance by Chapters 8.04 and 8.10.

2. The property shall be kept free of graffiti or similar markings, trash, debris, and litter.

3. Yards shall be landscaped and maintained.

a. Permitted landscaping includes, but is not limited to, grass, ground cover, bushes, shrubs, hedges or similar plantings, decorative rock or bark, and artificial turf or sod.

b. Prohibited landscaping includes weeds, broken concrete, asphalt, plastic sheeting, and interior carpet.

c. Required maintenance includes, but is not limited to, cutting, pruning, and mowing of landscaping and the removal of all trimmings.

4. All vacant buildings must have functioning windows and doors at all times. All broken doors and windows shall be replaced or covered in a manner acceptable to and approved by the Code Enforcement Division.

5. The Code Enforcement Division, in its discretion, may require the property to be secured in a manner to ensure adequate protection against unauthorized entry.

E. Standards for Junior Accessory Dwelling Units.

1. A junior accessory dwelling unit shall be constructed within the walls of the existing or proposed single-family residence.

2. The junior accessory dwelling unit shall not exceed 500 square feet gross floor area.

3. The junior accessory dwelling unit shall have a separate entrance from the main entrance to the proposed or existing single-family dwelling.

4. The junior accessory dwelling unit shall include an efficiency kitchen, which shall include the following:

a. A cooking facility with appliances;

b. At least one food preparation counters that is at least two square feet and total preparation counter area of no more than 100 square feet; and

c. Storage cabinet space totaling at least two cubic feet and not more than 250 cubic feet.

5. Additional parking is not required for the creation of the unit.

6. For any junior accessory dwelling unit, the property owner shall occupy the junior accessory dwelling unit or the remaining portion of the single-family dwelling or an accessory dwelling unit, if one exists; unless the owner is another governmental agency, land trust, or housing organization. The term "property owner" shall have the same meaning as defined in Chapter 14.02.050. The owner shall record a deed restriction in the official records of Solano County, California, that includes substantially the following restriction:

The single-family dwelling on the premises includes a junior accessory dwelling unit. In order to allow occupancy of the junior accessory dwelling unit, the property owner shall reside in the single-family dwelling or the junior accessory dwelling unit. If the property owner does not reside in the single-family dwelling or the junior accessory dwelling unit, then the junior accessory dwelling unit may not be rented, leased, or occupied as a separate dwelling unit. The junior accessory dwelling unit shall not be rented, occupied, or offered for rental or occupancy for a period of less than 31 calendar days. The junior accessory dwelling unit shall not be sold independently of the single-family dwelling on the premises. The junior accessory dwelling unit may not be expanded or modified except as allowed by the laws of the City and State of California. This deed restriction may be enforced against future purchasers.

(Ord. 2013, Repealed and Replaced, 2/10/2026)

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)

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)

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)

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)

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)

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)

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)

Home occupations shall be located, developed, and operated in compliance with the following:

A. Applicability. This section applies to home occupations in any residential unit in the City regardless of the zoning designation, and agricultural districts. It does not apply to family day care, which is regulated separately by the State of California.

B. Business License Required. Where applicable, a separate City business license is required for each home occupation.

C. Home Occupation Permit Required. A home occupation permit is required prior to the establishment of any home-based business, and shall be processed concurrently with a business license.

D. Operational Standards. All home occupations shall be located and operated consistent with the following standards:

1. Residential Appearance. The residential appearance of the dwelling unit within which the home occupation is conducted shall be maintained, and no exterior indication of a home occupation is permitted.

2. Location. All home occupation activities shall be conducted entirely within the residential/dwelling unit, garage, or accessory building on the lot.

3. Floor Area Limitation. No more than 20 percent of the total floor area of a building on the lot may be used in the conduct of the home occupation.

4. Structural Modification Limitation. No dwelling shall be altered to create an entrance to a space devoted to a home occupation that is not from within the building, or to create features not customary in dwellings.

5. Employees. No employees or independent contractors other than residents of the dwelling unit shall be permitted to work at the location of a home occupation except as otherwise allowed for cottage food operations.

6. On-Site Client Contact. No customer or client visits are permitted except for personal instruction services (e.g., musical instruction or training, art lessons, academic tutoring) which may have up to two students at one time, and as permitted by subsection F of this section for cottage food operations.

7. Direct Sales Prohibition. Home occupations involving the display or sale of products or merchandise are not permitted from the site except by mail, telephone, internet, or other mode of electronic communication, or except as otherwise allowed for cottage food operations.

8. Storage. There shall be no exterior storage of materials, supplies, and/or equipment for the home occupation.

9. Hazardous Materials. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the premises, nor use utilities different from those normally provided for residential use. There shall be no storage or use of toxic or hazardous materials other than the types and quantities customarily found in connection with a dwelling unit.

10. Nuisances. A home occupation shall be conducted such that no offensive or objectionable noise, dust, vibration, smell, smoke, heat, humidity, glare, refuse, radiation, electrical disturbance, interference with the transmission of communications, interference with radio or television reception, or other hazard or nuisance is perceptible at or beyond any lot line of the unit or structure within which the home occupation is conducted, or outside the dwelling unit if conducted in other than a detached single-unit dwelling.

11. Traffic and Parking Generation. Home occupations shall not generate a volume of pedestrian, automobile, or truck traffic that is inconsistent with the normal level of traffic in the vicinity or on the street on which the dwelling is located or which creates the need for additional parking spaces, or involve deliveries to or from the premises in excess of that which is customary for a dwelling unit.

12. Vehicles. A maximum of one automobile, van-type vehicle, or pickup or utility truck related to a home occupation, together with equipment, tools and stock-in-trade, shall be permitted in any residential district subject to the following:

a. Flatbed style trucks, trucks exceeding a one ton load capacity or vehicles exceeding 80 inches in width shall not be permitted;

b. Tools and equipment may not be used for the performance of services upon the premises and stock-in-trade may not be sold from the premises;

c. Commercial vehicles and trailers may not be parked on any public street except when services are being provided; and

d. Trailers used in conjunction with any home occupation may not be parked in the front yard.

E. Exceptions to Operational Standards. The Director of Community Development may grant exceptions to the operational standards of this section upon making the following findings:

1. That the granting of the exception does not result in a home occupation which is inconsistent with the purposes of this section.

2. That there are special circumstances surrounding the proposed home occupation, including evidence of physical disability, or its proposed location such that the proposed home occupation will not be disruptive to the general harmony, safety, or welfare of the residential neighborhood in which the use is proposed.

F. Cottage Food Operations. A cottage food operation is allowed as a home occupation and an accessory use to any legally established residential unit subject to the following standards:

1. Registration. Cottage food operations shall be registered as "Class A" (sold directly to the public) or "Class B" (sold either indirectly to the public or both indirectly and directly to the public) cottage food operations and shall meet the respective health and safety standards set forth in Section 114365 et seq. of the California Health and Safety Code.

2. Sales. Sales directly from a cottage food operation are limited to the sale of cottage food products. A cottage food operation shall not have more than fifty thousand dollars in gross annual sales in each calendar year.

3. Operator and Employee Allowed. Only the cottage food operator and members of the household living in the dwelling unit, as well as one full-time equivalent cottage food employee, may participate in a cottage food operation on the site.

4. Equipment. Cottage food operations may employ kitchen equipment as needed to produce products for which the operation has received registration; provided, that equipment would not change the residential character of the unit, result in safety hazards, or create smoke or steam noticeable at the lot line of an adjoining residential property. Venting of kitchen equipment shall not be directed toward neighboring residential uses.

G. Prohibited Home Occupations. The following specific businesses are not permitted as home occupations:

1. Automobile/vehicle sales and services;

2. Animal care, sales, and services;

3. Cannabis retail;

4. Eating and drinking establishments;

5. Firearm sales, including firearms brokers;

6. Hospitals and clinics;

7. Lodging;

8. Personal services; and

9. Retail sales.

(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1996, Amended, 07/23/2024)

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)

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)

Recycling facilities shall be located, developed, and operated in compliance with the California Beverage Container Recycling and Litter Reduction Act of 1986 (Public Resources Code Section 14500) and the following standards:

A. All Recycling Facilities. All recycling facilities shall be subject to the following standards:

1. Security. Recycling facilities shall be secured from unauthorized entry or removal of material and have enough capacity to accommodate materials collected and collection schedule.

2. Maintenance. Recycling facilities, including donation areas, shall be maintained in a dust- and litter-free condition and shall be swept daily.

3. Overconcentration – Grounds for Denial. The decision maker may find that the presence of more than one recycling facility in any convenience zone established by the California State Department of Conservation to be an over-concentration of recycling facilities and on this basis, the decision maker may deny a permit for a recycling facility.

B. Reverse Vending Machines. In addition to the requirements of subsection A of this section, reverse vending machines shall be located, developed, and operated in compliance with the following standards:

1. Number of Machines. Reverse vending machines shall be limited to one machine per host business.

2. Maximum Size. Reverse vending machines shall occupy no more than 50 square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height.

3. Location. In addition to the following requirements, recycling facilities shall comply with the setback requirements of the district in which the facility is located.

a. Reverse vending machines shall only be established in conjunction with a commercial or community service host facility in compliance with applicable Building and Fire Codes.

b. Reverse vending machines shall be located within 30 feet of the entrance to the commercial or community service facility.

c. Reverse vending machines shall not obstruct pedestrian or vehicular circulation.

4. Material. Reverse vending machines shall be constructed and maintained with durable waterproof and rustproof material.

5. Parking. Reverse vending machines shall not occupy parking spaces required by the primary use.

6. Reverse vending machines outside a commercial structure do not require additional parking spaces for patrons.

7. Signs and Identification. Reverse vending machines shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative. The maximum sign area on a reverse vending machine is four square feet per machine, not including operating instructions.

8. Hours of Operation. Operating hours shall be at least the operating hours of the host business.

9. Lighting. Reverse vending machines shall be illuminated to ensure comfortable and safe operations if operating hours are between dusk and dawn.

C. Recycling Collection Facilities. In addition to the requirements of subsection A of this section, recycling collection facilities (including drop-off box locations) shall be located, developed, and operated in compliance with the following standards:

1. Small Recycling Collection Facilities.

a. Maximum Size. Small recycling collection facilities shall not exceed a building footprint of 500 square feet or occupy more than five parking spaces (not including space periodically needed for removal or exchange of materials or containers).

b. Location. In addition to the following requirements, recycling facilities shall comply with the setback requirements of the district in which the facility is located.

i. Small recycling collection facilities shall only be established in conjunction with a commercial or community service host facility in compliance with applicable Building and Fire Codes.

ii. Small recycling collection facilities shall be set back at least 10 feet from any street line, be at least 200 feet from the edge of any four-way intersection, and not obstruct pedestrian or vehicular circulation.

iii. Attended small recycling collection facilities located within 100 feet of a property zoned or occupied for residential use shall operate only during the hours between nine a.m. and seven p.m.

iv. Containers for the 24-hour donation of materials shall all be at least 100 feet from any property zoned or occupied for residential use, unless there is a recognized service corridor and acoustical shielding between the containers and the residential use.

v. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.

c. Equipment. No power-driven processing equipment, except for reverse vending machines, may be used.

d. Items Accepted. Small recycling collection facilities shall accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with permission of the county public health official.

e. Signs and Identification. Signs shall comply with the requirements of Chapter 14.09.260 of this code, Signs. The Director of Community Development may authorize increases in the number, size, and nature of additional signs for necessary directional or identification purposes, but not for outdoor advertising.

i. Informational Sign. Containers shall be clearly marked to identify the type of recyclables that may be deposited. The name and telephone number of the facility operator shall be conspicuously posted, along with the hours of operation, and a notice stating that no material shall be left outside the recycling enclosure or containers.

ii. Additional Signs. In addition to informational signs, signs with a maximum sign area of 16 square feet are allowed.

f. Storage. All recyclable material shall be stored in containers or in the mobile unit vehicle. Materials shall not be left outside of containers when attendant is not present.

g. Parking.

i. Customer Parking. No additional parking spaces are required for customers of a small collection recycling facility located at the established parking lot of a host use.

ii. Attendant Parking. One space shall be provided for the facility attendant.

iii. Parking Reduction. The number of parking spaces required for the primary host may be reduced to allow occupation of parking space by a small collection facility and/or attendant, provided all of the conditions are met:

(A) The facility is located in a convenience zone, as designated by the California Department of Conservation;

(B) The facility is certified by the California Department of Conservation;

(C) A parking study shows available capacity during recycling facility operation;

(D) The permit will be reconsidered at the end of 18 months; and

(E) The parking space reduction does not exceed the requirements of Table 14.09.270.A, Allowed Parking Reduction to Accommodate Small Recycle Collection Facilities.

TABLE 14.09.270.A: ALLOWED PARKING REDUCTIONS TO ACCOMMODATE SMALL RECYCLING COLLECTION FACILITIES

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)

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)

A. Purpose. To provide a uniform and comprehensive set of standards for the development and installation of facilities related to telecommunication facilities in order to accommodate the needs of residents and businesses while protecting the public health, safety, and welfare, and the aesthetic quality of the community, consistent with the goals, objectives, and policies of the General Plan, while providing for managed development of telecommunication infrastructure in compliance with the Federal Telecommunications Act of 1996 and related requirements in state law. The specific objectives of this chapter are to:

1. Ensure that a comprehensive and broad range of telecommunications services and high quality telecommunications infrastructure are provided to serve the community, including the enhancement of Vacaville's emergency response network;

2. Maintain an aesthetically pleasing community environment by ensuring that antenna support structures and associated communications equipment will not create visual clutter, block or degrade views, or diminish the architectural character of buildings and neighborhoods;

3. Minimize adverse visual and aesthetic effects of telecommunication facilities through careful design and siting standards;

4. Maximize the use of existing and approved structures to accommodate new communication antennas in order to reduce the number of freestanding facilities needed to serve the community;

5. Encourage the location of facilities in nonresidential areas through performance standards and incentives; and

6. Accrue additional benefit from the facilities to the public by encouraging the leasing of publicly owned properties, where feasible, for the development of telecommunication facilities.

B. Applicability and Exemptions. The requirements of this section apply to all telecommunication facilities that transmit and/or receive electromagnetic signals, including but not limited to personal communications services (cellular and paging) and radio and television broadcast facilities. The requirements apply to telecommunication facilities that are the primary use of a property and those that are accessory facilities, except that the following facilities are exempt:

1. Licensed amateur (ham) radio and citizen band operations.

2. Handheld, mobile, marine, and portable radio transmitters and/or receivers.

3. Emergency services radio.

4. Radio and television mobile broadcast facilities.

5. Antennas and equipment cabinets or rooms completely located inside of permitted structures.

6. A single ground- or building-mounted receive-only radio or television antenna not exceeding the maximum height permitted by this code, including any mast, or a receive-only radio or television satellite dish antenna, subject to the following restrictions:

a. Residential Districts.

i. Satellite Dish One Meter or Less. A satellite dish that does not exceed one meter in diameter, is not located within a required front or street side setback or in front of the primary structure, and for the sole use of a resident occupying the same residential parcel is permitted so long as it does not exceed the height of the ridgeline of the primary structure on the same parcel.

ii. Satellite Dish Greater Than One Meter. A satellite dish that is greater than one meter in diameter, is not located within a required setback, and is screened from view from any public right-of-way and adjoining property.

iii. Antennas. An antenna that is mounted on any existing building or other structure that does not exceed 25 feet in height. The antenna shall be for the sole use of a resident occupying the same residential parcel on which the antenna is located.

b. Nonresidential Districts.

i. Satellite Dish Two Meters or Less. A satellite dish that does not exceed two meters in diameter is permitted on a lot in a nonresidential district so long as it is not located within a required front or street side setback or in front of the primary structure.

ii. Satellite Dish Greater Than Two Meters. A satellite dish that is greater than two meters in diameter that is not located within a required setback and is screened from view from any public right-of-way and adjoining property.

iii. Mounted Antennas. An antenna that is mounted on any existing building or other structure when the overall height of the antenna and its supporting tower, pole or mast does not exceed a height of 25 feet or is completely screened by the parapet or other roof elements of the building.

iv. Freestanding Antennas. A freestanding antenna and its supporting tower, pole, or mast that complies with all applicable setback requirements when the overall height of the antenna and its supporting structure does not exceed a height of 25 feet.

v. Undergrounding Required. All wires and/or cables necessary for operation of an antenna shall be placed underground or attached flush with the surface of the building or the structure of the antenna.

7. Any antenna or wireless communications facility that is exempt from local regulation pursuant to the rules and regulations of the Federal Communications Commission (FCC) or a permit issued by the California Public Utilities Commission (CPUC). The owner or operator of such facility shall provide the Director of Community Development with a copy of a current FCC or CPUC permit or a copy of applicable FCC regulations prior to its installation.

8. Minor modifications to existing wireless facilities, including replacement in kind or with smaller or less visible equipment, that meet the standards set forth in this section and will have little or no change in the visual appearance of the facility.

C. Permit Requirements.

1. Replacement, Removal, or Co-Location of Transmission Equipment (Eligible Facilities Request). The co-location of new transmission equipment, removal of transmission equipment, or the replacement of transmission equipment is permitted by right provided the modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base structure, including an electric utility pole erected to replace an existing electric utility pole, if the replacement pole will serve both electric and wireless communications functions, and if the replacement pole is substantially equivalent to the predecessor pole in placement, height, diameter, and profile.

2. Stealth Facilities. Stealth facilities in which the antenna, and sometimes the support equipment, are hidden from view in a structure or concealed as an architectural feature, are permitted in all districts subject to minor use permit approval.

3. Co-Located Facilities. Permitted by right when proposed to be co-located on a facility that was subject to a discretionary permit issued on or after January 1, 2007, and an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the wireless telecommunication collocation facility in compliance with the California Environmental Quality Act and the collocation facility incorporates required mitigation measures specified in that environmental impact report, negative declaration, or mitigated negative declaration.

4. Non-Stealth Facilities. Permitted in nonresidential districts subject to conditional use permit approval.

D. Standards. Telecommunication facilities shall be located, developed, and operated in compliance with all of the following standards and with applicable standards of the zoning district in which they are located:

1. Location and Siting.

a. New telecommunication facilities located on prominent points of ridgelines or that silhouette against the sky above a protected ridgeline are prohibited.

Telecommunication facilities located in ridgeline areas are also subject to the provisions of § 14.09.120.050, Ridgeline Setback.

b. No new freestanding facility, including a tower, lattice tower, or monopole, shall be located within one mile of another freestanding facility, unless mounting on a building or co-location on an existing pole or tower is not feasible and appropriate camouflage techniques have been used to minimize the visual impact of the facility to the extent feasible.

c. Telecommunication facilities shall meet the setback requirements of the district in which they are to be located.

d. When feasible, providers of personal wireless services shall co-locate facilities in order to reduce adverse visual impacts. The Director of Community Development may require co-location or multiple-user wireless telecommunication facilities based on a determination that it is feasible and consistent with the purposes and requirements of this section.

e. When determined to be feasible and consistent with the purposes and requirements of this section, the Director of Community Development shall require the applicant to make unused space available for future co-location of other telecommunication facilities, including space for different operators providing similar, competing services.

f. Telecommunication facilities shall be located at least 150 feet away from any residential use, residential zoning district, or fire station.

2. Support Structures. Support structures for telecommunication facilities may be any of the following:

a. An existing nonresidential building.

b. An existing structure other than a building, including, but not limited to, light poles, electric utility poles, water towers, smokestacks, billboards, lattice towers, and flag poles.

c. An alternative tower structure such as a clock tower, steeple, functioning security light pole, functioning recreational light pole, or any similar alternative-design support structure that conceals or camouflages the telecommunication facility. The term "functioning" as used herein means the light pole serves a useful and appropriate lighting function as well as a wireless communications function.

d. Existing publicly owned and operated monopole or a lattice tower exceeding the maximum height limit.

e. A single pole (monopole) sunk into the ground and/or attached to a foundation. Any new monopole shall be constructed to allow for co-location of at least one other similar communications provider.

f. A monopole mounted on a trailer or a portable foundation if the use is for a temporary communications facility.

3. Height Requirements.

a. Freestanding Antenna or Monopole. A freestanding antenna or monopole shall comply with the following height requirements:

i. A freestanding antenna or monopole designed to accommodate only one service provider shall not exceed 65 feet in height.

ii. A freestanding antenna or monopole designed to accommodate two service providers shall not exceed 80 feet in height.

iii. A freestanding antenna or monopole designed to accommodate more than two service providers shall not exceed 125 feet in height.

b. Building-Mounted Facilities. Telecommunication facilities mounted on buildings shall not exceed a height of 10 feet above the height limit of the district or 10 feet above the existing height of a legally established building, whichever is lower, measured from the top of the facility to the point of attachment to the building.

c. Facilities Mounted on Structures. Telecommunication facilities mounted on an existing structure shall not exceed the height of the existing structure unless camouflaged as part of the structure design, except antennas may extend up to 10 feet above the height of an electric utility pole.

d. Facilities Mounted on Light Poles. A functioning security light pole or functioning recreational light pole shall have a height consistent with existing poles in the surrounding area or height usually allowed for such light poles.

4. Design and Screening. Telecommunication facility structures and equipment shall be located, designed, and screened to blend with the existing natural or built surroundings, as well as any existing support structures, so as to reduce visual impacts to the extent feasible.

a. Stealth Facilities. State of the art stealth design technology shall be utilized as appropriate to the site and type of facility. Where no stealth design technology is proposed for the site, a detailed anafysis as to why stealth design technology is physically and technically infeasible for the project shall be submitted with the application.

b. Other Facility Types. If a stealth facility is not feasible, the order of preference for facility type is, based on their potential aesthetic impact: facade-mounted, roof-mounted, ground-mounted, and freestanding tower or monopole. A proposal for a new ground-mounted or freestanding tower shall include factual information to explain why other facility types are not feasible.

c. Minimum Functional Height. All freestanding antennas, monopoles, and lattice towers shall be designed to be the minimum functional height and width required to support the proposed antenna installation, unless it can be demonstrated that a higher antenna, monopole, or tower will facilitate co-location.

d. Camouflage Design. Telecommunication facilities that are mounted on buildings or structures shall be designed to match existing architectural features, incorporated in building design elements, camouflaged, or otherwise screened to minimize their appearance in a manner that is compatible with the architectural design of the building or structure.

e. Equipment Cabinets. Equipment cabinets shall be located within the building upon which antennas are placed, if technically feasible. Otherwise, equipment cabinets, buildings, and associated equipment, such as air conditioning units and emergency generators, shall be screened from view by a wall or landscaping, as approved by the City. Any wall shall be architecturally compatible with the building or immediate surrounding area.

f. Landscaping. Landscaping shall be provided for and maintained to screen any ground structures or equipment visible from a public right-of-way.

g. Lighting. Artificial lighting of a telecommunication facility, including its components, is prohibited, unless required by the Federal Aviation Administration. A motion-sensor light may be used for security purposes if the beam is directed downwards, shielded from adjacent properties, and kept off except when personnel are present at night.

h. Advertising. No advertising shall be placed on telecommunication facilities, equipment cabinets, or associated structures.

5. Security Features. All facilities shall be designed to minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances.

a. Fencing. Security fencing, if any, shall not exceed the fence height limit of the base district. Fencing shall be effectively screened from view through the use of landscaping. No chain link fences shall be visible from public view.

b. Maintenance. The permittee shall be responsible for maintaining the site and facilities free from graffiti.

6. Radio Frequency Standards, Interference, and Noise,

a. Radio Frequency. Telecommunication facilities shall comply with federal standards for radio frequency emissions and interference. Failure to meet federal standards may result in termination or modification of the permit.

b. Interference. Telecommunications facilities shall not interfere with public safety radio communications.

c. Noise. Telecommunication facilities and any related equipment, including backup generators and air conditioning units, shall not generate noise in excess of the limits established in § 14.09.240.140. Noise. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall be scheduled and conducted in such a manner that is the least disruptive to surrounding land uses.

7. Co-Location. The applicant and owner of any site on which a telecommunication facility is located shall cooperate and exercise good faith in co-locating telecommunication facilities on the same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of co-location, and may include negotiations for erection of a replacement support structure to accommodate co-location. A competitive conflict to co-location or financial burden caused by sharing information normally will not be considered as an excuse to the duty of good faith.

a. All facilities shall make available unused space for co-location of other telecommunication facilities, including space for these entities providing similar, competing services. Co-location is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a significant period of time. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the City may require the applicant to obtain a third party technical study at applicant's expense. The City may review any information submitted by applicant and permittee(s) in determining whether good faith has been exercised.

b. All co-located and multiple-user telecommunication facilities shall be designed to promote facility and site sharing. Telecommunication towers and necessary appurtenances, including but not limited to parking areas, access roads, utilities, and equipment buildings, shall be shared by site users whenever possible.

c. No co-location may be required where it can be shown that the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing telecommunication facilities or failure of the existing facilities to meet federal standards for emissions.

d. Failure to comply with co-location requirements when feasible or cooperate in good faith as provided for in this section is grounds for denial of a permit request or revocation of an existing permit.

8. Fire Prevention and Emergency Response. All telecommunication facilities shall be designed and operated in a manner that will minimize the risk of igniting a fire or intensifying one that otherwise occurs.

a. At least one-hour fire resistant interior surfaces shall be used in the construction of all buildings.

b. The exterior walls and roof covering of all above-ground equipment shelters and cabinets shall be constructed of materials rated as non-flammable in the Building Code.

c. Monitored automatic fire extinguishing systems shall be installed in all equipment buildings and enclosures.

d. Openings in all above-ground equipment shelters and cabinets shall be protected against penetration by fire and wind-blown embers to the extent feasible.

e. Address signs shall be installed in conformance with Fire Chiefs requirements at the entrance off the public way, where needed to provide direction along the access road, and at the facility itself.

f. A permanent, weather-proof, facility identification sign shall be placed on the gate in the fence or wall around the equipment building, or if there is no fence or wall, next to the door to the equipment shed itself. Said sign shall identify the facility operator and specify a 24-hour telephone number at which the operator can be reached.

9. Surety Bond. As a condition of approval, an applicant for a building permit to erect or instalf a telecommunication facility shall be required to post a cash or surety bond in a form and amount acceptable to the City Attorney to cover removal costs of the facility in the event that its use is abandoned or the approval is otherwise terminated.

E. Required Findings.

1. General Findings. In approving a telecommunication facility, the decision-making authority shall make the following findings:

a. The proposed use conforms with the specific purposes of this section and any special standards applicable to the proposed facility;

b. The applicant has made good faith and reasonable efforts to locate the proposed facility on a support structure other than a new ground-mounted antenna, monopole, or lattice tower or to accomplish co-location;

c. The proposed site results in fewer or less severe environmental impacts than any feasible alternative site; and

d. The proposed facility will not be readily visible or it is not feasible to incorporate additional measures that would make the facility not readily visible.

2. Additional Findings for Facilities Not Co-Located. To approve a telecommunication facility that is not co-located with other existing or proposed facilities or a new ground-mounted antenna, monopole, or lattice tower, the decision making authority shall find that co-location or siting on an existing structure is not feasible because of technical, aesthetic, or legal consideration including that such siting:

a. Would have more significant adverse effects on views or other environmental considerations;

b. Is not permitted by the property owner;

c. Would impair the quality of service to the existing facility; or

d. Would require existing facilities at the same location to go offline for a significant period of time.

3. Additional Findings for Setback Reductions. To approve a reduction in setback, the decision making authority shall make one or more of the following findings:

a. The facility will be co-located onto or clustered with an existing, legally established telecommunication facility; and/or

b. The reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible;

c. Additional Findings for Any Other Exception to Standards. The Planning Commission may waive or modify requirements of this section upon finding that strict compliance would result in noncompliance with applicable federal or state law.

F. Vacation and Removal of Facilities.

1. A carrier using facilities within the City shall provide the City with a copy of the notice to the FCC or California Public Utilities Commission of intent to cease operations at the time such notice is filed.

2. The operator of a telecommunications facility shall remove all unused or abandoned equipment, antennas, poles, or towers within one year of discontinuation of the use and, if there are no active providers on the facility, the site shall be restored to its original, preconstruction condition.

3. If the facilities are not removed within one year, or other period of time as determined in writing by the City, the City may have the facilities removed at the owner's or carrier's expense, provided, however, that recovery of expenses shall be limited to the reasonable and documented costs of removal.

4. All costs incurred by the City to undertake any work required to be performed pursuant to this section shall be borne solely by the applicant.

(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023; Ord. 2011, Amended, 2/10/2026)

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)

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)

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)

A. Purpose. The purpose of this section is to establish a streamlined, ministerial approval process for employee housing in a manner that is consistent with the requirements and allowances of state law, specifically California Health and Safety Code Section 17021.8 (Employee Housing Act).

B. Applicability. To be eligible for streamlined approval under this section, an agricultural employee housing development must meet all the following requirements:

1. The development is located on land designated as agricultural in the City of Vacaville General Plan.

2. The development is not located on a site that is any of the following:

a. Within the coastal zone, as defined in Division 20 (commencing with Section 30000) of the California Public Resources Code.

b. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

c. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the California Government Code, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the California Public Resources Code.

d. A hazardous waste site that is listed pursuant to Section 65962.5 of the California Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

e. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901)), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the California Government Code.

f. Within a floodplain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a floodplain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

g. Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency.

h. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the California Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), or other adopted natural resource protection plan.

i. Lands under conservation easement. For purposes of this section, "conservation easement" shall not include a contract executed pursuant to the Williamson Act (Chapter 7 (commencing with Section 51200) of Division 1 of Title 5 of the California Government Code).

j. Lands with groundwater levels within five feet of the soil surface and for which the development would be served by an on-site wastewater disposal system serving more than six family housing units.

3. The development has adequate water and wastewater facilities and dry utilities to serve the project.

4. The development is located:

a. Within one-half mile of a duly designated collector road with an average daily trips (ADT) of 6,000 or greater; or

b. Adjacent to a duly designated collector road with an ADT of 2,000 or greater.

5. The development provides one parking space per unit, or as based upon demonstrated need; provided, that these standards do not require more parking than other residential uses of similar size within the jurisdiction.

6. The development is an eligible agricultural employee housing development as defined in California Health and Safety Code Section 17021.8.

(Ord. 1996, Added, 07/23/2024)

A. Purpose and Applicability. The purpose of this section is to establish standards and regulations for single room occupancy (SRO) units.

B. Definitions. "Single room occupancy" means a facility providing six or more dwelling units where each unit has a minimum floor area of 150 square feet and a maximum floor area of 400 square feet. These dwelling units may have kitchen or bathroom facilities and shall be offered on a monthly basis or longer.

C. Development Standards. Each SRO facility shall comply with all applicable development standards for the applicable zoning district and minimum standards contained herein below. In the event of a conflict between these standards and the underlying zoning district standards, the provisions of this section shall apply.

1. Unit Size. The minimum size of a unit shall be 150 square feet and the maximum size shall be 400 square feet.

2. Bathroom Facilities. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink, and bathtub, shower, or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with California Building Code for congregate residences with at least one full bathroom per every three units on a floor.

3. Kitchen. An SRO unit is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator, and a stove, range top, or oven. A partial kitchen is missing at least one of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one full kitchen per floor.

4. Closet. Each SRO shall have a separate closet.

5. Common Area. A minimum of four square feet of interior common space per unit shall be provided, or 200 square feet, whichever is greater, excluding shared bathrooms, kitchen, storage, laundry facilities, and common hallways. Dining rooms, meeting rooms, recreational rooms, and other similar areas may be considered interior common space. All common areas shall be fully accessible.

6. Laundry Facilities. Laundry facilities shall be provided in a separate room at the ratio of one washer and one dryer for every 10 units, with at least one washer and one dryer per floor.

7. Utility Closet. One utility closet or cleaning supply room with a wash tub and hot and cold running water shall be provided on each floor.

8. Management. An SRO facility with 10 or more units shall provide a management office on site. An SRO facility with less than 10 units may provide a management office off site.

9. Parking. One parking space per unit shall be provided, plus an additional space for an on-site manager.

10. Code Compliance. All SRO units shall comply with all requirements of the California Building Code.

11. Accessibility. All SRO facilities shall comply with all applicable ADA accessibility and adaptability requirements.

(Ord. 1996, Added, 07/23/2024)

The following special development standards shall apply to businesses involving Animal Shelter and Boarding facilities in a general commercial zone:

A. Purpose. The purpose of this section is to implement a humane policy that accommodates the comfort and convenience of caring for household pets by qualified business operators within commercial facilities and ensures that operations are compatible with surrounding neighborhoods.

B. Applicability. The provisions in this section shall apply to Animal Shelter and Boarding facilities, as defined under § 14.02.060.030.

C. Location. A Minor Use Permit shall be required for any new Animal Shelter and Boarding facility within the General Commercial (CG) zoning district. A Minor Design Review shall be required for any new Animal Shelter and Boarding facility located in the Industrial Service (IS) and Industrial Park (IP) zoning districts. A Conditional Use Permit, rather than a Minor Use Permit, shall be required for Animal Shelter and Boarding facilities located in a permitted zone that is abutting or adjoining a residential zoning district or existing residential land use, and which includes an outdoor component.

D. Development Standards. Animal Shelter and Boarding facilities shall comply with the following development standards:

1. Outdoor areas (e.g., dog runs, relief areas) shall meet the same setbacks as required for new buildings.

2. Where an Animal Shelter and Boarding facility has an entrance on any elevation that abuts, has a common corner with, or is across a public right-of-way from residentially zoned land or residential use, pets can only be brought through that entrance between 7:00 a.m. to 9:00 p.m. daily.

3. Interior Standards.

a. Tenant spaces shall include operational Heating, Ventilation, and Air Conditioning (HVAC) systems.

b. An Acoustical Analysis shall be prepared by a licensed acoustical engineer, which shall be submitted with the Minor Use Permit or Conditional Use Permit, to confirm whether the interior space and outdoor relief areas will provide noise attenuation to ensure exterior noise adjacent to the building is no louder than 40 dbA. Tenant spaces that do not provide sufficient noise attenuation shall implement recommendations from the acoustical engineer, which shall be demonstrated in construction documents submitted for Building Permits and included as conditions of approval in a Conditional Use Permit, if required.

c. Tenant spaces shall provide interior lighting to ensure all areas are illuminated by natural or artificial means.

d. The lower four feet of all interior walls shall consist of impervious materials, and floors shall be designed and improvements installed in a manner that permits cleaning and sanitizing (e.g., antimicrobial/antibacterial paints or coatings).

e. Enclosures shall be kept in sanitary conditions at all times and shall be constructed of materials that will withstand cleaning on a regular basis.

f. At a minimum, kennel space must be provided for every animal within an enclosure to, separately and together, stand up, lie down, and turn around in a natural position. Wire flooring of any kind, coated or otherwise, is not permitted.

g. All food shall be stored in an area separate from permanent, fixed, or temporary enclosures.

4. Exterior Standards.

a. Staff shall be present in the outdoor area at all times, when animals are present to monitor the animals.

b. Opaque fencing of a minimum of six feet and a maximum of eight feet in height shall be required to screen all outdoor areas from adjacent uses, which shall be located outside of the required setbacks for the main building.

c. The number of animals permitted in the outdoor area shall be limited to ensure a minimum of 50 square feet of floor area per animal.

d. Outdoor areas shall have a covered area such as a patio cover, sunshade, etc., to provide animals protection from extreme temperatures and weather conditions. Outdoor areas shall be monitored by staff at all times, and pets shall be brought inside when temperatures and weather conditions do not permit safe outdoor activities.

e. Outdoor relief areas shall be cleaned daily and maintained to ensure runoff is contained in the area. If artificial turf is proposed, drainage shall be required so that runoff does not enter storm drains. On-site drainage that does not enter the City's storm drain network shall be subject to review and approval by the Chief Building Official. Floor drains into the City's sewer network shall require review and approval by the Utilities Department.

f. Designated covered trash enclosures, which shall be enclosed with materials to match the existing building, shall be provided. Enclosures shall be designed to minimize the escape of odor by reducing gaps and spacing between doors and roofing areas. Trash and recycling enclosure areas must be covered and screened from public view. In lieu of providing a trash enclosure, an Applicant may request approval of alternative, equivalent methods, such as more frequent waste pickup and double bags for waste containment, to ensure waste disposal protocols will provide the same level of odor prevention as a trash enclosure would. The Community Development Director has the authority to modify or waive the trash enclosure requirements based on such alternative odor control methods if requested by the applicant.

E. Performance/Operational Standards.

1. In the event that standard refuse collection is suspended due to unforeseen circumstances, the property owner shall perform refuse disposal services on their own until regular collection services can be reinstituted.

2. The building or tenant space in which the Animal Shelter and Boarding facility is located shall be improved and maintained, such that animals housed therein do not cause regular annoyance and disturbance to persons in the surrounding area, including but not limited to noise, odor, waste disposal, etc. Upon substantiated complaints received regarding noise or odor, the Community Development director may require additional modifications to the site's operating standards to address those specific concerns.

3. If pet grooming services are offered by an Animal Shelter and Boarding facility, the grooming work area shall be separated from the Animal Shelter and Boarding facility's permanent or fixed and temporary enclosures, and the operator shall ensure that the grooming areas are clean and sanitized at least once daily.

4. All refuse and waste shall be collected at a minimum of twice per week. All trash generated from Animal Shelter and Boarding facilities shall be properly contained in trash bins located within approved trash enclosures. Trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property.

(Ord. 2009, Added, 12/9/2025)

A. Purpose. The California Legislature has declared that accessory dwelling units are a valuable and essential component of California's housing supply. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.

B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:

1. Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.

2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

3. Considered in the application of any local ordinance, policy, or program to limit residential growth.

4. Required to correct a nonconforming zoning condition, as defined in subsection (C)(8) of this section. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

C. Definitions. As used in this section, terms are defined as follows:

"Accessory dwelling unit" or "ADU"

means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

a. All Private Outdoor Recreation Space.

b. An efficiency unit, as defined by California Health and Safety Code Section 17958.1; and

c. A manufactured home, as defined by California Health and Safety Code Section 18007.

"Accessory structure"

means a structure that is accessory and incidental to a dwelling located on the same lot.

"Complete independent living facilities"

means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

"Efficiency kitchen"

means a kitchen that includes all of the following:

a.

A cooking facility with appliances.

b.

A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

"Junior accessory dwelling unit" or "JADU"

means a residential unit that satisfies all of the following:

a.

It is no more than 500 square feet of interior livable space in size.

b.

It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.

c.

It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.

d.

If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

e.

It includes an efficiency kitchen, as defined in subsection (c)(4) of this section.

"Livable space"

means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

"Living area"

means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

"Nonconforming zoning condition"

means a physical improvement on a property that does not conform with current zoning standards.

"Passageway"

means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

"Proposed dwelling"

means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

"Public transit"

means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

"Tandem parking"

means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

D. Approvals. The following approvals apply to ADUs and JADUs created under this section:

1. Ministerial ADU and Building Permits Required. Every ADU and JADU requires an ADU permit and a building permit. The city will review and approve permit applications in accordance with subsection (D)(3) of this section.

2. Processing Fee. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city's ADU ordinance. The ADU-permit processing fee is determined by the most recent fee schedule approved by city council resolution.

3. Process and Timing.

a. Completeness.

i. Determination In 15 days. The city will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the city receives the application submittal.

ii. Incomplete Items. If the city's determination under subsection (D)(3)(a)(i) of this section is that the application is incomplete, the city's notice must list the incomplete items and describe how the application can be made complete.

iii. Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the city to be incomplete.

iv. Subsequent Submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the city will determine in writing whether the additional information remedies all the incomplete items that the city identified in its original notice. The city may not require the application to include an item that was not included in the original notice.

v. Deemed Complete. If the city does not make a timely determination as required by this subsection a, the application or resubmitted application is deemed complete for the purposes of subsection (D)(3)(c) of this section.

vi. Appeal of Incompleteness. An applicant may appeal the city's determination that the application is incomplete by submitting a written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal.

b. No Discretion or Hearing. Ministerial permits for an ADU or JADU are considered and approved without discretionary review or a hearing.

c. Deadline to Approve or Deny Ministerial Approvals. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a complete application. If the city has not approved or denied the complete application within 60 days, the application is deemed approved unless either:

i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or

ii. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

d. Denial. If the city denies an application to create an ADU or JADU the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (D)(3)(c) of this section.

e. Appeal of Denial. An applicant may appeal the city's denial of the application by submitting a written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal.

f. Concurrent Review of Demolition. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

E. Classes.

1. Class 1: Statutorily Regulated. Class 1 ADUs and JADUs are approved under Government Code Section 66323. If an ADU or JADU complies with each of the general requirements in subsection F of this section, it is allowed in each of the following scenarios provided in this subsection. An ADU and JADU approved under subsection (E)(1)(a) of this section may be combined with an ADU approved under subsection (E)(1)(b) of this section and ADUs approved under subsection (E)(1)(c) of this section may be combined with ADUs approved under subsection (E)(1)(d) of this section.

a. Converted on Lot with Single-Family Dwelling. One ADU as described in this subsection and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

i. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and

ii. Has exterior access that is independent of that for the single-family dwelling; and

iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes;

iv. The JADU complies with the requirements of Government Code Sections 66333 through 66339.

b. Limited Detached on Lot with Single-Family. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling, if the detached ADU satisfies each of the following limitations:

i. The side- and rear-yard setbacks are at least four feet.

ii. The total floor area is 800 square feet of livable space or smaller.

iii. The peak height above grade does not exceed the applicable height limit in subsection (F)(2) of this section.

c. Converted on Lot with Multifamily. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25% of the existing multifamily dwelling units.

d. Limited Detached on Lot with Multifamily. No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:

i. The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.

ii. The peak height above grade does not exceed the applicable height limit provided in subsection (F)(2) of this section.

iii. If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.

2. Class 2: Locally Regulated. Class 2 ADUs are approved under Government Code Sections 66314 through 66322. Except as expressly specified, all ADUs are subject to the standards set forth in subsections F and G of this section.

F. General ADU and JADU Requirements. The following requirements apply to all Class 1 and Class 2 ADUs and JADUs:

1. Zoning.

a. A Class 1 ADU subject only to a building permit under subsection (E)(1) of this section may be created on a lot in a residential or mixed-use zone.

b. A Class 2 ADU subject to an ADU permit under subsection (E)(2) of this section may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

c. In accordance with Government Code Section 66333(a), a JADU may only be created on a lot zoned for single-family residences.

2. Height.

a. Except as otherwise provided by subsections (F)(2)(b) and (F)(2)(c) of this section, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed 18 feet in height.

b. A detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a "major transit stop" or "high quality transit corridor," as those terms are defined in Section 21155 of the Public Resources Code, may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

c. An ADU that is located as a second story above an existing or proposed detached garage may be up to 25 feet in height.

d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height. Notwithstanding the foregoing, ADUs subject to this subsection may not exceed two stories.

e. For purposes of this subsection (F)(2), height is determined by measuring the vertical distance from the average finished grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the highest point of the highest gable of a pitch or hip roof, but exclusive of vents, air conditioners, chimneys, or other such incidental appurtenances.

3. Fire Sprinklers.

a. Fire sprinklers are required in an ADU or JADU if sprinklers are required in the primary residence.

b. The construction of an ADU or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

4. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

5. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

6. Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

7. Owner Occupancy.

a. ADUs. ADUs are not subject to an owner-occupancy requirement.

b. JADUs.

i. Generally. As required by state law, JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence.

ii. Exceptions. The owner-occupancy requirement in this subsection (F)(7)(b) does not apply if (A) the JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary dwelling unit structure) or (B) the property is entirely owned by another governmental agency, land trust, or housing organization.

8. Deed Restriction. Prior to issuance of a certificate of occupancy for a JADU, a deed restriction must be recorded against the title of the property in the county recorder's office and a copy filed with the community development department. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city, and must provide that:

a. The JADU may not be sold separately from the primary dwelling.

b. The JADU is restricted to the approved size and to other attributes allowed by this section.

c. The deed restriction runs with the land and may be enforced against future property owners.

d. The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the community development director, providing evidence that the JADU has in fact been eliminated. The community development director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the community development director's determination consistent with other provisions of this Code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

e. The deed restriction is enforceable by the community development director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.

9. Building and Safety.

a. Must comply with building code. Subject to subsection (F)(9)(b) of this section, all ADUs and JADUs must comply with all local building code requirements.

b. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official, in consultation with the community development director, makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

10. Certificate of Occupancy Timing.

a. Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit.

b. Limited Exception for State-Declared Emergencies. Notwithstanding subsection (F)(10)(a) of this section, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:

i. The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025.

ii. The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor's state of emergency proclamation.

iii. The ADU has been issued construction permits and has passed all required inspections.

iv. The ADU is not attached to the primary dwelling.

G. Specific ADU Requirements. The following requirements apply only to Class 2 ADUs that are approved under subsection (E)(2) of this section. This subsection does not apply to Class 1 ADUs or JADUs approved under subsection (E)(1) of this section.

1. Minimum and Maximum Size.

a. The minimum size of an attached or detached ADU shall be 150 square feet.

b. The maximum size of a detached or attached ADU subject to this subsection G is 1,200 square feet of interior livable space.

c. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50% of the floor area of the existing primary dwelling.

d. Application of other development standards in this subsection G might further limit the size of the ADU, but no application of the percent-based size limit in subsection (G)(1)(b) of this section or front setback may require the ADU to be less than 800 square feet of interior livable space.

2. Setbacks.

a. ADUs that are subject to this subsection G must conform to four-foot side and rear setbacks. ADUs that are subject to this subsection G must conform to 20-foot front setbacks, subject to subsection (G)(1)(d) of this section.

b. No setback is required for an ADU that is subject to this subsection G if the ADU is constructed in the same location and to the same dimensions as an existing structure.

3. Passageway. No passageway, as defined by subsection (C)(9) of this section, is required for an ADU.

4. Parking.

a. Generally. One paved off-street parking space is required for each ADU or bedroom, whichever is less. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (C)(12) of this section.

b. Exceptions. No parking under subsection (G)(4)(a) of this section is required in the following situations:

i. The ADU is located within one-half mile walking distance of public transit, as defined in subsection (C)(11) of this section.

ii. The ADU is located within an architecturally and historically significant historic district.

iii. The ADU is part of the proposed or existing primary residence or an accessory structure.

iv. When on-street parking permits are required but not offered to the occupant of the ADU.

v. When there is an established car share vehicle stop located within one block of the ADU.

vi. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (G)(4)(b)(i) through (G)(4)(b)(v) of this section.

c. No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced. Except for the preceding circumstance, parking for the primary dwelling shall continue to be provided in accordance with Chapter 14.09.230, Parking and Loading.

5. Architectural Requirements.

a. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling. Projects utilizing the city's pre-designed ADU plans or factory building housing are not subject to this standard.

b. The exterior lighting must be limited to down lights or as otherwise required by the building or fire code.

c. When a garage is converted to an ADU, the garage door opening shall be replaced with exterior wall coverings, or residential windows and doors, to match the existing exterior garage wall covering and detailing.

d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

e. No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window or door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.

f. Second-floor living area shall be setback five feet from the ground floor footprint.

g. Window sashes and doorframes shall be made of wood or vinyl. Unfinished aluminum is not allowed. Trim around windows and doors shall be the same style as the trim around windows and doors on the primary dwelling.

h. All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

i. Rooftop decks are prohibited on all detached ADUs.

j. The entrance to the accessory dwelling unit shall not be on the same building frontage as the entrance to the primary dwelling unless the proposed accessory dwelling unit has no other exterior wall that could accommodate an entrance in compliance with all applicable standards. In such cases, the entrance door shall be painted to match the color of the adjoining wall.

k. Exterior stairways leading to an accessory dwelling unit shall not be constructed in the required front yard for the underlying zoning district and shall be set back a minimum of four feet from any side or rear property line.

6. Site Coverage.

a. New accessory dwelling units with 800 square feet or less of interior livable space and conversions of existing legally established structures to accessory dwelling units are not subject to site coverage standards.

b. For any accessory dwelling unit with over 850 square feet of interior livable space proposed within a new detached structure or an addition to an existing structure that increases the site coverage of the lot, the maximum site coverage for all structures on the site shall be no more than 10% above the maximum allowable site coverage of the underlying district, as identified in Chapter 14.09.060, Residential Zoning Districts. For example, if the maximum allowable site coverage for a district is 40%, the maximum allowable site coverage may be up to 50% of the site covered for the purpose of constructing an accessory dwelling unit.

7. Rear Yard Coverage.

a. New accessory dwelling units with 800 square feet or less of interior livable space are not subject to rear yard coverage standards.

b. The maximum required rear yard coverage for accessory dwelling units with over 850 square feet of interior livable space may be increased from 20% to no more than 35% for the purpose of constructing a new detached accessory dwelling within the required rear yard.

H. Fees. The following requirements apply to all Class 1 ADUs and JADUs and Class 2 ADUs that are approved under subsections (E)(1) or (E)(2) of this section.

1. Impact Fees.

a. No impact fee is required for a JADU or an ADU that is less than 800 square feet of interior livable space in size. For purposes of this subsection (H)(1), "impact fee" means a "fee" under the Mitigation Fee Act (Government Code § 66000(b)) and a fee under the Quimby Act (Government Code § 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.

b. A JADU or ADU with less than 500 square feet of interior livable space does not increase assessable space by 500 square feet for purposes of Education Code Section 17620(a)(1)(C), and is therefore not subject to school fees under Education Code Section 17620.

c. Any impact fee that is required for an ADU that has 800 square feet or more of interior livable space must be charged proportionately in relation to the square footage of the primary dwelling unit. (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)

2. Utility Fees.

a. If an ADU or JADU is constructed concurrently with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

b. Except as described in subsection (H)(2)(a) of this section JADUs and converted ADUs on a single-family lot that are created under subsection (E)(1)(a) of this section are not required to have a new or separate utility connection directly between the JADU or ADU and the utility. Nor is a connection fee or capacity charge required.

c. Except as described in subsection (H)(2)(a) of this section, all ADUs that are not covered by subsection (H)(2)(b) of this section require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.

i. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.

ii. The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.

I. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

1. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

2. Unpermitted ADUs and JADUs constructed before 2020.

a. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:

i. The ADU or JADU violates applicable building standards; or

ii. The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (section 16.52.150).

b. Exceptions:

i. Notwithstanding subsection (I)(2)(a) of this section, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3.

ii. Subsection (I)(2)(a) of this section does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.

J. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that would otherwise be allowed under this section but that does not conform to the objective design or development standards set forth in subsections A through I of this section may be allowed by the city with a conditional use permit, in accordance with the other provisions of this title.

K. Conflicts and Interpretations of State Law. This chapter is intended to be consistent with the provisions of California Government Code Section 66310 et seq. In the event that a court of competent jurisdiction issues an opinion, the California Department of Housing and Community Development issues guidelines, or the California Legislature adopts amendments that modify, interpret or define requirements or terms within state ADU law, the Director of Community Development is authorized to issue an order consistent with that opinion, guidance, or modifications. Applications filed pursuant to this chapter will thereafter be reviewed for compliance with that order in lieu of any provision of this chapter determined in be in conflict with that opinion, guidance or modification.

L. Severability. This chapter is intended to be the ordinance providing for creation of accessory dwelling units and junior accessory dwelling units as permitted by California Government Code Section 66310 et seq. If any section, subsection, phrase or clause of this chapter is for any reason held to be in conflict with state law, including any provision that would cause the ordinance otherwise to be null and void per California Government Code Section 66310 et seq., such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. The City Council hereby declares that it would have adopted this chapter and each section, subsection, phrase, or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared in conflict with state law.

(Ord. 2011, Added, 2/10/2026)