This chapter establishes uniform procedures for the preparation, filing, and processing of all land use permits and approvals provided for in this code, unless superseded by a specific requirement of this code or State law.
(Ord. 24-002 § 5 (Exh. A))
A. 
Applicant. The owner of property or the owner's authorized agent. If the application is made by someone other than the owner or the owner's agent, proof of the right to use and possess the property as applied for, satisfactory to the Community Development Director, shall accompany the application.
B. 
Application Materials.
1. 
Application Forms. The Director shall prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this code.
2. 
Supporting Materials. The Director may require the submission of supporting materials as part of the application, including but not limited to: statements, photographs, plans, drawings, renderings, models, material samples, technical studies, reports, and other items necessary to describe existing conditions and the proposed project and to determine the level of environmental review pursuant to the California Environmental Quality Act (CEQA).
3. 
Availability of Materials. All submitted material becomes the property of the City, may be distributed to the public, and shall be made available for public inspection. At any time, upon reasonable request, and during normal business hours, any person may examine application materials in support of or in opposition at the Planning Division offices. Unless prohibited by law or superseded by specific permit confidentiality requirements, copies of such materials shall be made available at a reasonable cost.
C. 
Multiple Applications.
1. 
Concurrent Filing. An applicant for a project which requires more than one (1) permit (e.g., conditional use permit, variance, design review, etc.), shall file all related applications concurrently, together with all application fees. The concurrent filing requirements may be waived by the Director.
2. 
Concurrent Processing. Multiple applications for the same project shall be processed concurrently and shall be reviewed and decided on by the highest review authority designated for any one (1) of the applications.
D. 
Application Fees.
1. 
Fee Schedule. The Council shall adopt by resolution a municipal fee schedule that establishes fees for applications, informational materials, penalties, copying, and other such items.
2. 
Fee Payment. No application shall be deemed complete, and processing shall not commence on any application until all required fees or deposits have been paid.
3. 
Fee Waiver. No fee shall be required when the applicant is the City, or if it is waived under any other provision of the Dixon Municipal Code.
4. 
Refund of Fees. Application fees are nonrefundable unless otherwise provided for in the Dixon Municipal Code or by policy of the Council.
(Ord. 24-002 § 5 (Exh. A))
A. 
Initial Completeness Review. The Director shall determine whether an application for a discretionary land use or development permit is complete within thirty (30) days of the date the application is filed and required fee received. The thirty (30) day completeness review period does not apply to legislative land use decisions such as amendments or prezoning.
1. 
Incomplete Application. If an application is deemed incomplete, the Director shall provide written notification to the applicant listing the applications for permit(s), forms, information, and any additional fees that are necessary to complete the application.
a. 
Zoning Code Violations. An application shall not be found complete if conditions exist on the site in violation of this code or any permit or other approval granted in compliance with this code, unless the proposed project includes the correction of the violations.
b. 
Submittal of Additional Information. The applicant shall provide the additional information within the time limit specified by the Director, which shall be no sooner than thirty (30) days. The Director may grant one (1) extension of up to ninety (90) days.
c. 
Appeal of Determination. Determinations of incompleteness are subject to the provisions of DMC § 18.21.120, Appeals, except there shall be a final written determination on the appeal no later than sixty (60) days after receipt of the appeal. The fact that an appeal is permitted to both the Planning Commission and the City Council does not extend the sixty (60) day period.
d. 
Expiration of Application. If an applicant fails to correct the specified deficiencies within the specific time limit, the application shall expire and be deemed withdrawn, unless an extension is granted by the Director. After the expiration of an application, review shall require the submittal of a new, complete application, along with all required fees.
2. 
Complete Application. When an application is deemed complete, the Director shall make a record of that date. If an application requires a public hearing, the Director shall schedule it and notify the applicant of the date and time, pursuant to DMC § 18.21.050, Public notice.
B. 
Referral of Application. At the discretion of the Director, or where otherwise required by this code, State or Federal law, any application filed in compliance with this code may be referred to any City department, public agency, or interest group that may be affected by or have an interest in the proposed land use project.
C. 
Extensions. The Director may, upon written request from the applicant and for good cause, grant extensions of any time limit for completeness review of applications imposed by this code.
(Ord. 24-002 § 5 (Exh. A))
All projects shall be reviewed for compliance or exemption with the California Environmental Quality Act (CEQA). Environmental review will be conducted pursuant to Cal. Code of Regulations Title 14 (CEQA Guidelines). If Cal. Code of Regulations Title 14 is amended, such amendments will govern City procedures.
(Ord. 24-002 § 5 (Exh. A))
Unless otherwise specified, whenever the provisions of this code require public notice, the City shall provide notice in compliance with State law as follows:
A. 
Mailed Notice. At least ten (10) days before the date of the public hearing or the date of action when no public hearing is required, the City Clerk shall provide notice by first class mail delivery to the following:
1. 
The applicant and the owner of the subject property;
2. 
All property owners of record within a minimum three hundred (300) foot radius of the subject property as shown on the latest available assessment roll or a larger radius if deemed necessary by the Director to provide adequate public notification;
3. 
All neighborhood and community organizations that have previously filed a written request for notice of projects in the area where the site is located;
4. 
Any person or group who has filed a written request for notice regarding the specific application; and
5. 
The school district and any other local agency or utility provider expected to provide essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be affected.
6. 
Alternative Method for Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than one thousand (1,000), instead of a mailed notice, notice may be provided by placing a display advertisement of at least one-eighth page in at least one (1) newspaper of general circulation in the City at least ten (10) days prior to the hearing or the date of action when no public hearing is required.
B. 
Newspaper Notice. At least ten (10) days before the date of the public hearing or the date of action when no public hearing is required, notice shall be published in at least one (1) newspaper of general circulation in the City.
C. 
Contents of Notice. The notice shall include the following information:
1. 
The location of the real property, if any, that is the subject of the application;
2. 
A general description of the proposed project or action;
3. 
The date, time, location, and purpose of the public hearing or the date of action when no public hearing is required;
4. 
The identity of the hearing body or officer;
5. 
The names of the applicant and the owner of the property that is the subject of the application;
6. 
The location and times at which the complete application and project file, including any environmental impact assessment prepared in connection with the application, may be viewed by the public;
7. 
A statement that any interested person or authorized agent may appear and be heard;
8. 
A statement describing how to submit written comments; and
9. 
For City Council hearings, the Planning Commission recommendation.
D. 
Failure to Notify Individual Properties. The validity of the proceedings shall not be affected by the failure of any property owner, resident, or community organization to receive a mailed notice.
(Ord. 24-002 § 5 (Exh. A))
Whenever the provisions of this code require a public hearing, the hearing shall be conducted in compliance with the requirements of State law as follows:
A. 
Generally. Hearings shall be conducted pursuant to procedures adopted by the hearing body. Hearings are not required to be conducted according to technical rules relating to evidence and witnesses.
B. 
Scheduling. Hearings before the City Council shall be scheduled by the City Clerk. All other hearings shall be scheduled by the Director.
C. 
Presentation. An applicant or an applicant's representative may make a presentation of a proposed project.
D. 
Public Hearing Testimony. Any person may appear at a public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing representing an organization shall identify the organization being represented.
E. 
Time Limits. The presiding officer may establish time limits for individual testimony and require that individuals with shared concerns select one (1) or more spokespersons to present testimony on behalf of those individuals.
F. 
Continuance of Public Hearing. The body conducting the public hearing may by motion continue the public hearing to a fixed date, time, and place without providing further notice or may continue the item to an undetermined date and provide notice of the continued hearing.
G. 
Investigations. The body conducting the hearing may cause such investigations to be made as it deems necessary and in the public interest in any matter to be heard by it. Such investigation may be made by a committee of one (1) or more members of the hearing body or by City staff. The facts established by such investigation shall be submitted to the hearing body either in writing, to be filed with the records of the matter, or in testimony before the hearing body, and may be considered by the body in making its decision.
H. 
Decision. The public hearing shall be closed before a vote is taken.
(Ord. 24-002 § 5 (Exh. A))
When deciding to approve, approve with conditions, modify, revoke or deny any discretionary permit under this code, the review authority shall issue a notice of action and make findings of fact as required by this code.
A. 
Date of Action. The review authority shall decide to approve, modify, revoke, or deny any discretionary permit following the close of the public hearing, or if no public hearing is required, within the time period set forth below. These deadlines do not apply to any action that has been appealed to the City Council in accordance with DMC § 18.21.120, Appeals. Time extensions may be granted pursuant to DMC § 18.21.090, Effective dates – Expiration and extension.
1. 
Project Exempt From Environmental Review. Within thirty (30) days of the date the City has determined an application to be complete, a determination must be made whether the project is exempt from environmental review per State CEQA requirements.
2. 
Project for Which a Negative Declaration or Mitigated Negative Declaration Is Prepared. Within sixty (60) days of the date a negative declaration or mitigated negative declaration has been completed and adopted for project approval, the City shall act on the accompanying discretionary project.
3. 
Project for Which an EIR Is Prepared. Within one hundred eighty (180) days from the date the review authority certifies a final EIR, the City shall act on the accompanying discretionary project.
B. 
Notice of Action. After the Director or Planning Commission takes any action to approve, modify, or deny an application that is subject to appeal under the terms of this code, the Director shall issue a notice of action. The notice shall describe the action taken, including any applicable conditions, and shall list the findings that were the basis for the decisions. The Director shall mail the notice to the applicant and to any other person or entity that has filed a written request for such notification with the Planning Division.
C. 
Findings. Findings, when required by State law or this code, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action on the permit.
(Ord. 24-002 § 5 (Exh. A))
A. 
Scope. The scope of approvals includes only those uses and activities proposed in the application, excluding other uses and activities. Unless otherwise specified, the approval of a new use shall terminate all rights and approvals for previous uses no longer occupying the same site or location.
B. 
Conditions. The use and development of a site shall be consistent with all applicable conditions of approval imposed by the decision-making body. The site plan, floor plans, building elevations, and/or any additional information or representation, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process shall be deemed conditions of approval. Any approval may be subject to requirements that the applicant guarantees, warranties, or ensures compliance with submitted plans and conditions in all respects.
C. 
Actions Voiding Approval. If the construction of a building or structure or the use established is contrary to the description or illustration in the application, to either violate any provision of this code or require additional permits, then the approval shall be deemed null and void.
D. 
Periodic Review. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring, or assessments, it shall be the responsibility of the permit holder, the property owner, or successor property owners to comply with such conditions.
(Ord. 24-002 § 5 (Exh. A))
A. 
Effective Dates. A decision shall be effective on the date of action except as provided below.
1. 
Decisions Subject to Appeal. A final decision on an application for any approval subject to appeal shall become effective after the expiration of the ten (10) day appeal period following the date of action, unless an appeal is filed. No building permit or business license shall be issued until the eleventh day following the date of the action.
2. 
Amendments to the Zoning Code or Zoning Map. Amendments to the zoning code or zoning map shall take effect thirty (30) days after the second reading of the ordinance.
B. 
Expiration. The review authority, in the granting of any permit, may specify a time, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare, within which the proposed use must be undertaken and actively and continuously pursued. If no time period is specified, any permit granted under this code shall automatically expire when no project or use has been exercised or extended within two (2) years after the date of the approval, except as provided below.
1. 
Extension for Permit Granted in Conjunction With Tentative Map. The time limits for any permit granted in conjunction with an approved tentative tract map shall be automatically extended to be the same as the term of such tentative tract map.
2. 
Other Extensions. The Community Development Director, or the Planning Commission where the Director refers the request to the Planning Commission for decision, may approve a two (2) year extension of any permit or approval granted under this code upon receipt of a written application with the required fee at least thirty (30) days prior to the expiration date.
C. 
Exercise of Permit.
1. 
Permit for a Use. A permit for the use of a building or property is exercised when, if required, a valid City business license has been issued, and the permitted use has commenced on the site.
2. 
Permit for Construction. A permit for the construction of a building, structure, or addition is exercised when a valid City building permit, if required, is issued, and construction has lawfully commenced.
D. 
Lapse. When a permit has been exercised, it shall remain valid and in force unless the use or structure authorized by the permit is removed from the site or remains vacant and unused for its authorized purpose, or is abandoned or discontinued for a period greater than twelve (12) consecutive months, in which case the permit may be revoked in accordance with DMC § 18.21.110, Revocation of permits. No use of land or structure, the permit for which has lapsed in compliance with this section and has been revoked in compliance with DMC § 18.21.110, Revocation of permits, shall be reactivated, reestablished, or used unless a new permit is first obtained.
(Ord. 24-002 § 5 (Exh. A))
No revision in the use or structure for which an approval or has been issued under this code is permitted unless the permit is revised as provided for in this code.
A. 
Minor Revisions. The Community Development Director may approve minor revisions and technical changes to approved plans, permits, and conditions of approval that are consistent with the scope and findings of the original approval, do not substantially expand the approved floor area, number of employees, or other components of the use or improvement, and would not intensify any potentially detrimental effects of the project.
B. 
Major Revisions. A request for revisions to conditions of approval of a discretionary permit, a revision to an approved site plan or building plan that would affect a condition of approval, or a revision that would intensify a potential impact of the project shall be treated as a new application and shall be decided on by the same review authority as the approved permit.
(Ord. 24-002 § 5 (Exh. A))
Any permit granted under this code may be revoked or revised for cause if any of the conditions or terms of the permit are violated or if any law or ordinance is violated.
A. 
Initiation of Proceeding. Revocation proceedings may be initiated by the City Council, Planning Commission, or Director.
B. 
Public Notice, Hearings, and Action. After conducting a duly noticed public hearing, the Planning Commission shall act on the proposed revocation, pursuant to this chapter.
C. 
Required Findings. The Planning Commission may revoke or modify the permit if it makes any of the following findings:
1. 
That the approval was obtained by fraud;
2. 
That the use or activity for which such approval was granted has permanently ceased to exist as evidenced by demolition, alteration, subsequent use of the space, or similar conditions;
3. 
That the use or activity for which such approval was granted has been suspended or dormant for longer than twelve (12) consecutive months, excluding time during which the property owner can demonstrate:
a. 
The City had pending before it an application for a permit or land use entitlement directly related to, or for the purpose of, conducting said use; or
b. 
A valid building permit directly related to said use or activity was in effect and was being diligently pursued; or
c. 
The property owner has been actively negotiating to sell the property, as evidenced by a purchase and sale agreement, proof of escrow, or other similar binding agreements, or the property is subject to a binding lease with a tenant who is diligently pursuing a business to reestablish the use on the site;
4. 
That the permit or variance granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation;
5. 
That the use for which the approval was granted was or is so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance;
6. 
That the circumstances under which the permit was granted have been changed by the owner or operator to such a degree that one (1) or more of the findings contained in the permit is no longer valid and the public health, safety, and welfare merit revocation of the permit; or
7. 
That the conditions of approval are found to be inadequate to mitigate the impacts of the use allowed by the permit, and the public health, safety and welfare merit modification of the permit.
D. 
Notice of Action. Following Planning Commission action to revoke or modify a permit, the Director shall issue a notice of action within seven (7) days. The notice shall describe the Commission's action with its findings. The Director shall mail notice to the permit holder and to any person or entity who requested the revocation proceeding.
E. 
Appeals. Revocation decisions are subject to the appeal provisions of DMC § 18.21.120, Appeals.
(Ord. 24-002 § 5 (Exh. A))
A. 
Applicability. Any action by the Director or Planning Commission in the administration or enforcement of the provisions of this code may be appealed in accordance with this section.
1. 
Appeals of Director Decisions. Decisions of the Director may be appealed to the Planning Commission by filing a written appeal and prescribed appeal fee with the Planning Division.
2. 
Appeals of Planning Commission Decisions. Decisions of the Planning Commission may be appealed to the City Council by filing a written appeal and prescribed appeal fee with the City Clerk.
B. 
Rights of Appeal. Appeals may be filed by any person aggrieved by a decision that is subject to appeal under the provisions of this code. A "person aggrieved by a decision" can include, but is not limited to, the applicant, the owner of property, a member of the public, or any member of the City Council.
1. 
If an appeal is initiated by a City Council member, a majority of the City Council shall determine at the next regular Council meeting whether or not the Council will entertain the appeal.
C. 
Time Limits. Unless otherwise specified in State or Federal law, all appeals shall be filed in writing within ten (10) calendar days of the date on which the action was taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the City is closed, the appeal period shall end at the close of business on the next consecutive business day.
D. 
Procedures.
1. 
Filing. The appeal shall be filed with the prescribed form and shall identify the name(s) and contact information of person(s) appealing, the decision being appealed and clearly and concisely state the reasons for the appeal. The appeal shall be accompanied by the required fee.
2. 
Proceedings Stayed by Appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of City building permits and business licenses.
3. 
Transmission of Record. The Director, or in the case of appeals to the City Council, City Clerk, shall schedule the appeal for consideration by the authorized hearing body. The Director shall forward the appeal, the notice of action, and all other documents that constitute the record to the hearing body. The Director shall also prepare a staff report that responds to the issues raised by the appeal and may include a recommendation for action.
E. 
Standards of Review. When reviewing any decision on appeal, the appeal body shall use the same standards for decision-making required for the original decision. The appeal body may adopt the same decision and findings as were originally approved; it also may request or require changes to the application as a condition of approval.
F. 
Public Notice and Hearing. Public notice shall be provided and the hearing conducted by the applicable appeal body pursuant to this chapter. Notice of the hearing shall also be given to the applicant and party filing the appeal and any other interested person who has filed with the City Clerk a written request for such notice. In the case of an appeal of a Planning Commission decision, notice of such appeal shall also be given to the Planning Commission. The Planning Commission may be represented at the hearing.
G. 
Action. An action to grant an appeal shall require a majority vote of the hearing body members in attendance at the hearing. A tie vote shall have the effect of rejecting the appeal.
(Ord. 24-002 § 5 (Exh. A))
Requests for interpretations of this code and verifications relating to prior approvals or permits may be made to the Director. Requests shall be in writing. The decision of the Director on such requests may be appealed under DMC § 18.21.120, Appeals.
(Ord. 24-002 § 5 (Exh. A))