Dixon City Zoning Code
Division III
CITYWIDE REGULATIONS
§ 18.11.010 Purpose and applicability.
The purpose of this chapter is to prescribe site regulations that apply, except where specifically stated, to development in all zoning districts. These standards shall be used in conjunction with the standards for each zoning district established in Division II, District Regulations. In any case of conflict, the standards specific to the zoning district shall control.
(Ord. 24-002 § 5 (Exh. A))
§ 18.11.020 Accessory structures.
A.
Applicability.
1.
Detached Structures. The provisions of this section apply to roofed structures, including but not limited to garages, carports, sheds, workshops, gazebos, and covered patios, which are detached from and accessory to a main building on the site. These provisions also apply to unroofed structures that are over thirty (30) inches in height and are detached from and accessory to a main building on the site.
2.
Attached Structures. The provisions of this section do not apply to accessory structures attached to a main building, which shall comply in all respects with the requirements of this code applicable to the main building.
B.
Relation to Existing Structures. A detached accessory structure may only be constructed on a lot on which there is a permitted main building to which the accessory structure is related.
C.
Development Standards. Accessory structures shall meet the development standards of the district in which they are located except as follows:
1.
Front and Street Side Yard Location Limitation. Accessory structures located in the front yard or street side yard shall be limited to decorative objects up to eight (8) feet in height that are open on all sides, such as gazebos and trellises, unless specifically allowed though the approval of a modification pursuant to Chapter 18.26 DMC, Modifications.
2.
Side and Rear Setbacks.
a.
Within Required Interior Side and Rear Setback Areas.
(i)
Accessory structures up to ten (10) feet in height may be located up to three (3) feet from the interior side or rear property lines.
(ii)
Accessory structures up to fourteen (14) feet in height may be located up to five (5) feet from the interior side or rear property lines provided structures cover no more than thirty percent (30%) of the required rear setback area or four hundred (400) square feet, whichever is less.
b.
Reversed Corner Lots. On a reversed corner lot, an accessory structure shall be located no closer to the rear property line than the required side setback on the adjoining key lot and no closer to the side property line adjoining the street than the required front setback on the adjoining key lot.
c.
Garages on Alleys. Where an alley abuts a property's rear property line, accessory structures which provide covered parking for automobiles may be located up to five (5) feet from the rear property line if access to the covered parking is from the alley. Covered parking accessed from an alley may cover thirty percent (30%) of the area of the required rear setback area or four hundred (400) square feet, whichever is less.
(Ord. 24-002 § 5 (Exh. A))
§ 18.11.030 Conservation regulations.
A.
Purpose. The purpose of these provisions is to implement General Plan policies related to air quality and energy conservation by encouraging the conservation of nonrenewable energy resources, to facilitate the utilization of alternative, renewable energy resources, including wind and solar energy, and reduce vehicle miles traveled.
B.
Circulation and Transportation.
1.
Subdivisions, planned unit developments, and large-scale commercial developments shall be designed to encourage energy conserving transportation practices while discouraging unnecessary automobile use. Applications for these developments shall include pedestrian and bicycle circulation systems which are orderly, well-maintained, and convenient to use.
2.
Nonresidential developments which include more than one hundred (100) employee parking spaces should include ancillary employee services, such as cafeterias or other food sources, banking facilities, or child care, to reduce the number of midday vehicle trips generated by the development.
C.
Efficient Use of Solar Energy.
1.
Subdivision and residential planned developments shall be designed to the maximum extent possible so that dwelling units are oriented to the south to permit maximum exposure to the winter sun for solar heating. Minimum setback requirements may be waived through approval of a conditional use permit where the Planning Commission finds it necessary in order to achieve a southerly orientation for individual dwelling units.
2.
Buildings, landscaping, vegetation, fences, and other solar screens should be located and sited to the minimum extent possible so that they do not preclude or discourage the use of solar energy in adjacent properties and buildings. Where necessary, the Planning Director may require submission of a map showing shadows cast by solar screens, including landscaping and vegetation at maturity, for 12:00 noon (solar time) on December 21st.
3.
Exterior clothes-drying facilities shall not be prohibited in subdivisions and shall be provided in apartment house and condominium developments.
4.
Exterior active and passive solar energy collectors and ancillary equipment shall not be prohibited in subdivisions, apartment houses, and condominiums.
(Ord. 24-002 § 5 (Exh. A))
§ 18.11.040 Design standards – Residential and mixed-use districts.
A.
Applicability. All development within the RL, RM, CMX, and DMX districts shall meet the design standards of this section, except as provided below.
1.
Exceptions. The standards of this section do not apply to detached single-unit development.
B.
Required Building Location. The following building location requirements apply in the DMX and CMX districts:
1.
Build-To Line. In the DMX and CMX districts, on any property developed with ground-floor nonresidential uses, buildings shall be located within five (5) feet of the required front and street side setback line for at least the amount of the linear street frontage listed below.
2.
Modifications. Should the applicant elect not to meet the above objective standards, the applicant may request a modification pursuant to Chapter 18.26 DMC, Modifications. A modification to the building location requirements may be approved upon finding that:
a.
Entry courtyards, plazas, entries, or outdoor eating areas are located adjacent to the property line and buildings are built to the edge of the courtyard, plaza, or dining area; or
b.
The building incorporates an alternative entrance design that creates a welcoming entry feature facing the street.
C.
Building Orientation. Unless located behind another building, buildings shall be oriented toward the adjacent front or street side lot line with the building frontages parallel to the fronting adjacent lot line.
D.
Entrances.
1.
Ground Floor Nonresidential Uses.
a.
There shall be a minimum of one (1) entrance for every fifty (50) feet of building frontage, with a maximum separation of one hundred (100) feet between entrances.
 FIGURE 18.11.040.D.1.A: MINIMUM NUMBER AND REQUIRED LOCATION OF ENTRANCES, NONRESIDENTIAL USES |
b.
At least one (1) building entrance shall face a public walkway.
c.
Buildings located on corners shall provide an entrance toward each street or have a common entrance to the building from both streets.
 FIGURE 18.11.040.D.1.C: CORNER BUILDING ENTRANCES, NONRESIDENTIAL USES |
d.
Modifications. Should the applicant elect not to meet the above objective standards, the applicant may request a modification pursuant to Chapter 18.26 DMC, Modifications. A modification to the entrance requirements for nonresidential uses may be approved upon finding that:
(i)
The proposed use has certain operational characteristics with which providing the required entrances is incompatible; and
(ii)
Street-facing building walls exhibit architectural relief and detail, and will be enhanced with landscaping in such a way as to create visual interest and an engaging presence at the pedestrian level.
2.
Residential Uses. All residential units shall provide a minimum of one (1) principal entrance in accordance with the following standards:
a.
Principal Entrance Orientation. All units located along a sidewalk must have a principal entrance facing and accessed via a walkway or stairway from the sidewalk.
(i)
The principal entrance may be an individual entrance to a single unit or a shared entrance that provides access to more than one (1) unit.
b.
Principal Entrance Design. The principal entry shall be emphasized utilizing at least one (1) of the following methods:
(i)
A projection (e.g., overhang) with a minimum depth of three (3) feet and a minimum horizontal area of twenty-four (24) square feet.
(ii)
A recess with a minimum depth of three (3) feet and a minimum horizontal area of twenty-four (24) square feet.
(iii)
An uncovered landing, deck, or stoop with a minimum six (6) foot by eight (8) foot usable area.
 FIGURE 18.11.040.D.2.B: PRINCIPAL ENTRANCE DESIGN, RESIDENTIAL USES |
c.
Modifications. Should the applicant elect not to meet the above objective standards, the applicant may request a modification pursuant to Chapter 18.26 DMC, Modifications. A modification to the entrance requirements for residential uses may be approved upon finding that the alternative design creates a welcoming entry feature facing the street, such as a trellis, landscaped courtyard entry, enhanced walkway, columns or other architectural features or treatments.
E.
Building Articulation. Buildings shall include the following design features to create visual variety and avoid a large-scale and bulky appearance:
1.
Maximum Building Dimension. The maximum dimension of any single building shall not exceed two hundred (200) feet.
 FIGURE 18.11.040.E.1: MAXIMUM BUILDING DIMENSION |
a.
In the DMX district along A and 1st Streets, any building over seventy-five (75) feet wide shall be broken down to read as a series of buildings no wider than seventy-five (75) feet each through architectural treatments such as changes in colors, materials, and offsets or change in wall plane.
 FIGURE 18.11.040.E.1.A: BUILDING ARTICULATION, A AND 1ST STREETS, DMX DISTRICT |
2.
Roofline, Buildings With Three (3) or More Stories. Rooflines of buildings with three (3) or more stories shall be varied and designed to minimize the bulk of a building, screen roof-mounted equipment, and enhance the building's architectural design through the following methods:
a.
A minimum of one (1) roofline offset of at least eighteen (18) inches in height and twenty (20) feet in length shall be provided for every one hundred (100) feet of facade length.
 FIGURE 18.11.040.E.2.A: ROOFLINE OFFSET |
b.
Where parapets are provided, the minimum eighteen (18) inch offset in height required above may be substituted by an offset of at least eighteen (18) inches in depth. All parapets shall provide returns of at least six (6) feet in depth at the end of the parapet face to avoid a false front appearance.
 FIGURE 18.11.040.E.2.B: ROOFLINE OFFSET, PARAPETS AND PARAPET SUBSTITUTION |
F.
Windows and Openings.
1.
Minimum Windows. No facade facing a public right-of-way shall run in a continuous plane of more than twenty (20) feet without at least one (1) window.
2.
Ground-Floor Transparency. Exterior walls of nonresidential uses and residential common areas facing and within twenty (20) feet of a front or street side property line shall include windows, doors, or other openings for at least fifty percent (50%) of the building wall area located between three (3) and eight (8) feet above the level of the sidewalk.
a.
Design of Required Openings. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three (3) feet deep.
 FIGURE 18.11.040.F.2: GROUNDFLOOR TRANSPARENCY, NONRESIDENTIAL USES AND RESIDENTIAL COMMON AREAS |
b.
Modifications. Should the applicant elect not to meet the above objective standards, the applicant may request a modification pursuant to Chapter 18.26 DMC, Modifications. A modification to the ground-floor transparency requirements may be approved upon finding that:
(i)
The proposed use has certain operational characteristics with which providing the required windows and openings is incompatible; and
(ii)
Street-facing building walls will exhibit architectural relief and detail, and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.
3.
Residential Uses – Window Trim or Recess. Windows for residential uses shall have trim at least two (2) inches wide and at least one-half (0.5) inch in depth or must be recessed at least two (2) inches from the plane of the surrounding exterior wall.
 FIGURE 18.11.040.F.3: WINDOW TRIM OR RECESS, RESIDENTIAL USES |
a.
Modifications. Should the applicant elect not to meet the above objective standard, the applicant may request a modification pursuant to Chapter 18.26 DMC, Modifications. A modification to the window trim requirements for residential uses may be approved to accommodate alternative window design complementary to the architectural style of the structure.
G.
Facade Design. No facade facing a public right-of-way shall run in a continuous plane of more than fifty (50) feet without incorporating one (1) or more of the following:
1.
A vertical wall shift at least two (2) feet deep and a minimum of one (1) story in height.
2.
A change in material. The material change shall be a minimum of three (3) feet wide and a minimum of one (1) story in height.
3.
A building entrance.
4.
A projection such as a stoop, bay, or overhang.
5.
A massing break with a minimum width of ten (10) feet and minimum depth of two (2) feet.
 FIGURE 18.11.040.G: FACADE DESIGN |
6.
Modifications. Should the applicant elect not to meet the above objective standards, the applicant may request a modification pursuant to Chapter 18.26 DMC, Modifications. A modification to the facade design requirements may be approved upon finding that adequate design features have been incorporated to create visual variety and avoid a bulky or monolithic appearance.
H.
Open Space. Open space, unoccupied by main or accessory structures, parking areas, driveways, and loading areas and open and unobstructed to the sky, shall be provided in accordance with the following standards:
1.
Minimum Amount of Open Space.
a.
Residential Districts. A minimum of two hundred (200) square feet of open space shall be provided per residential unit. A minimum of fifty (50) square feet per unit shall be private open space. The balance of the required open space may be provided as private or common open space.
b.
DMX District. A minimum of one hundred (100) square feet of open space shall be provided per residential unit, a minimum of which fifty (50) square feet per unit shall be private open space. The balance of the required open space may be provided as private or common open space.
c.
CMX District. A minimum of one hundred twenty-five (125) square feet of open space shall be provided per residential unit, a minimum of which fifty (50) square feet per unit shall be private open space. The balance of the required open space may be provided as private or common open space.
2.
Configuration.
a.
Private open space typically consists of balconies, decks, patios, fenced yards, and other similar areas outside the residential unit that are exclusively used by occupants of the specific unit and their guests.
b.
Common open space typically consists of landscaped areas, patios, swimming pools, barbecue areas, playgrounds, turf, or other such improvements as are appropriate to enhance the outdoor environment of the development and may be used by all occupants of the development.
3.
Minimum Dimensions.
a.
Private Open Space.
(i)
Ground Level. Private open space located on the ground level (e.g., yards, decks, patios) shall be a minimum of eight (8) feet in length and eight (8) feet in width.
(ii)
Above Ground Level. Private open space located above ground level (e.g., balconies) shall be a minimum of six (6) feet in length and six (6) feet in width.
 FIGURE 18.11.040.H.3.A: MINIMUM DIMENSIONS, PRIVATE OPEN SPACE |
b.
Common Open Space. Common open space areas shall be a minimum of fifteen (15) feet in length and fifteen (15) feet in width.
 FIGURE 18.11.040.H.3.B: MINIMUM DIMENSIONS, COMMON OPEN SPACE |
4.
Usability. A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, or other serviceable, dust-free surfacing. Slope shall not exceed ten percent (10%).
6.
Modifications. Should the applicant elect not to meet the above objective standards, the applicant may request a modification pursuant to Chapter 18.26 DMC, Modifications. A modification to the open space standards may be approved upon finding that usable open space designed for the use and enjoyment of the residents will be provided.
I.
Parking Area Design.
1.
Curb Cuts. Curb cuts shall be minimized and located on side streets wherever possible.
2.
Maximum Parking Frontage. On lots fifty (50) feet or wider, the total width of on-site parking areas visible from the street, including open parking, carports, and garages, shall not exceed forty percent (40%) of any public street frontage.
a.
Modifications. Should the applicant elect not to meet the above objective standards, the applicant may request a modification pursuant to Chapter 18.26 DMC, Modifications. A modification to the maximum parking frontage requirement may be approved upon finding that:
(i)
The lot is constrained such that limiting the visibility of parking to forty percent (40%) of the public street frontage is infeasible; and
(ii)
Landscaping and other treatments have been incorporated to minimize the visibility of aboveground parking from the public street frontage.
 FIGURE 18.11.040.I.2: MAXIMUM PARKING FRONTAGE |
3.
Location. Parking areas in the RM, CMX, and DMX districts shall be located a minimum of forty (40) feet from the primary street facing property line.
(Ord. 24-002 § 5 (Exh. A))
§ 18.11.050 Encroachments into required setbacks.
Where setbacks are required in this code, they shall be not less in depth or width than the minimum dimension specified, shall be open at every point, and shall not be obstructed with nonmovable features from the ground upward, except as provided below, or as specifically identified in another section of this code. Encroachments are also subject to DMC § 18.11.110, Visibility at intersections and driveways.
TABLE 18.11.050: ALLOWED ENCROACHMENTS INTO REQUIRED SETBACKS | |||
|---|---|---|---|
Encroachment | Front and Street Side Setbacks | Interior Side Setback | Rear Setback |
All encroachments | No encroachment may extend into a public utility easement. Where any allowance of this code conflicts with applicable building codes, the more restrictive shall apply. | ||
Architectural features including sills, chimneys, cornices and eaves | 2 ft | 2 ft | 2 ft |
Open, unenclosed, uncovered decks, porches, platforms, stairways and landing places less than 30 inches above the surface of the ground | May encroach provided the encroachment does not extend into a public utility easement or conflicts with any other applicable code | ||
Open, unenclosed, uncovered metal fire escapes | 3 ft | 3 ft | 3 ft |
Rain barrels and cisterns with a maximum capacity of 1,000 gallons, or other similar storm water management equipment | Shall not encroach | No closer than 3 feet from the lot line | |
Mechanical and other equipment, detached or attached, such as water heaters, air conditioners, electric meters, electric transformers, pool equipment, cable television or phone utility boxes | Shall not encroach | No closer than 3 feet from the lot line | |
Ramps and similar structures that provide access for persons with disabilities | Reasonable accommodation will be made, consistent with the Americans with Disabilities Act; see Chapter 18.27 DMC, Reasonable Accommodation | ||
(Ord. 24-002 § 5 (Exh. A))
§ 18.11.060 Fences, walls, and hedges.
Fences, walls, dense hedges, and similar structures shall comply with the standards of this section.
A.
Maximum Height. Fences, walls, dense hedges, and similar structures are limited to a maximum height as provided below. Dense hedges are not subject to a height limit provided they are located outside the required front and street side setback areas.
1.
Residential Districts.
a.
Within Required Front Setback Areas. Four (4) feet, provided any portion of the fence over three (3) feet shall be a minimum of fifty percent (50%) transparent.
b.
Within Ten (10) Feet of Any Other Street-Facing Property Line. Four (4) feet, provided any portion of the fence over three (3) feet shall be a minimum of fifty percent (50%) transparent. Additional height may be allowed within this required street side setback as follows:
c.
Other Areas. In all areas of a site outside the required front setback and more than ten (10) feet of any other street-facing property line, the maximum fence height is seven (7) feet.
2.
Nonresidential Districts.
a.
Within Ten (10) Feet of Any Street-Facing Property Line. Four (4) feet, provided any portion of the fence over three (3) feet shall be a minimum of fifty percent (50%) transparent. Additional height may be allowed as follows:
(i)
Fences up to seven (7) feet in height may be allowed within ten (10) feet of a street-facing property subject to approval of a modification pursuant to Chapter 18.26 DMC, Modifications, and the following:
(A)
Any portion of the fence over three (3) feet shall be a minimum of fifty percent (50%) transparent.
(B)
The area between the property line or back of sidewalk and the fence shall be landscaped and maintained free of weeds.
(C)
The fence shall be constructed of durable, corrosion-resistant material, such as wrought iron.
b.
Other Areas. In all areas of a site more than ten (10) feet of any street-facing property line, the maximum fence height is seven (7) feet unless a higher fence is approved pursuant to a modification.
3.
Recreational Fencing. Fencing located around sport courts and similar areas may be allowed to exceed the maximum height listed above pursuant to approval of a modification pursuant to Chapter 18.26 DMC, Modifications; provided, that all parts of the fence over seven (7) feet are made of open-wire construction or other corrosion-resistant materials.
4.
Public Safety Facilities. Fencing height standards of this section shall not be applicable to any public safety facility.
5.
Decorative Features. One (1) entry gateway, trellis, or other entry structure is permitted in the required front or street-facing side setback of each lot; provided, that the maximum height or width of the structure does not exceed eight (8) feet and the maximum depth does not exceed five (5) feet.
B.
Materials.
1.
Prohibition on Hazardous Fencing Materials. The use of barbed wire, razor wire, ultra-barrier, electrified, and other hazardous fencing is not permitted unless such fencing is required by any law or regulation of the City, the State of California, Federal Government, or other public agency.
a.
Exception. The Director may approve an exception to this standard for sites in industrial districts, provided the hazardous fencing materials are located at the top portion of a fence which is at least six (6) feet in height and the Director finds such fencing is necessary for security purposes.
3.
Limitation on Concrete Block. Plain concrete block is not permitted as a fencing material. Concrete block must be finished with stucco (or decorative split-faced block) and capped with a decorative cap.
(Ord. 24-002 § 5 (Exh. A))
§ 18.11.070 Height limitation exceptions.
Towers, spires, cupolas, chimneys, penthouses, water tanks, flagpoles, monuments, scenery lofts, radio and television aerials and antennas, fire towers and similar structures and necessary mechanical appurtenances covering not more than ten percent (10%) of the ground area covered by the main structure may be erected to a height not more than twenty-five (25) feet above the limit prescribed by the regulations for the district in which they are located.
(Ord. 24-002 § 5 (Exh. A))
§ 18.11.080 Lighting and illumination.
A.
Applicability. The standards of this section apply to all new development and to exterior alterations and additions that involve replacement light fixtures or systems, except as provided below.
1.
Exemptions. The following lighting is exempt from the provisions of this section:
a.
Public and private street lighting.
b.
Athletic Field Lights. Athletic field lights within a City recreation area.
c.
Public Facility Safety and Security Lighting. Safety and security lighting for public facilities.
d.
Construction and Emergency Lighting. Construction or emergency lighting fixtures, provided they are temporary and are discontinued immediately upon completion of the construction work or abatement of the emergency.
e.
Seasonal Lighting. Seasonal lighting displays related to cultural or religious celebrations.
B.
Prohibitions. Unless otherwise permitted by a specific provision of this code, the following types of exterior lighting are prohibited:
C.
General Requirements.
1.
Fixture Types. All luminaries shall meet the most recently adopted criteria of the Illuminating Engineering Society of North America (IESNA) for "cut-off" or "full cut-off" luminaries.
2.
Design of Fixtures. Fixtures shall be appropriate to the style and scale of the architecture. Fixtures on buildings shall be attached only to walls or eaves, and the top of the fixture shall not exceed the height of the parapet or roof or eave of roof.
3.
Timing Controls. All outdoor lighting in nonresidential development shall be on a time clock or photo-sensor system and turned off during daylight hours and during hours when the building is not in use and the lighting is not required for security.
4.
Trespass. All lights shall be directed, oriented, and shielded to prevent light trespass or glare onto adjacent properties. The light level at any property line shall not exceed one (1) foot-candle, unless otherwise required by the Police Department.
(Ord. 24-002 § 5 (Exh. A))
§ 18.11.090 Screening.
A.
Screening of Mechanical and Electrical Equipment. All exterior mechanical and electrical equipment shall be screened or incorporated into the design of buildings so as not to be visible from adjacent at-grade public rights-of-way and/or adjacent residential districts. Equipment to be screened includes, but is not limited to, all roof-mounted equipment, air conditioners, heaters, utility meters, cable equipment, telephone entry boxes, backflow devices, irrigation control valves, electrical transformers, pull boxes, and all ducting for air conditioning, heating, and blower systems. Screening materials shall be consistent with the exterior colors and materials of the building. Exceptions may be granted by the Director where screening is infeasible due to health and safety, structural limitations, or utility requirements.
B.
Common Property Lines Where Certain Uses Abut a Residential District. A solid screening wall seven (7) feet in height shall be provided on the interior lot lines of any lot that contains any use in the industrial use classification or any use in the transportation, communication, and utilities use classification (except telecommunications facilities) and abuts a residential district.
1.
Timing. The screening wall shall be provided at the time of new construction or expansion of buildings, or changes from one (1) use classification to another nonresidential use classification.
2.
Location. Screening walls shall follow the lot line of the lot to be screened, or shall be arranged within the boundaries of the lot so as to substantially hide from adjoining lots the building, facility, or activity required to be screened.
3.
Materials. Industrial uses shall provide a solid screening wall of stucco, decorative block, or concrete panel. Screening walls for other uses shall be constructed of stucco, decorative block, concrete panel, wood, or other substantially equivalent material.
C.
Outdoor Storage Areas. Outdoor storage areas visible from any public street or highway, existing or planned residential area, or publicly accessible open space area are subject to design review pursuant to Chapter 18.23 DMC, Design Review, and shall be fenced or screened in accordance with Table 18.11.090.C: Outdoor Storage Area Screening and Fencing Requirements.
TABLE 18.11.090.C: OUTDOOR STORAGE AREA SCREENING AND FENCING REQUIREMENTS | |||
|---|---|---|---|
Maximum height | Screening walls and fences shall not exceed the maximum allowable fence heights unless allowed pursuant to approval of a modification pursuant to Chapter 18.26 DMC, Modifications. | ||
Allowable materials (✓: allowed; X: not allowed) | Solid Wall (stucco, decorative block, or concrete panel) | Solid Fence (wood, vinyl, or similar material) | Slatted Chain Link Fence |
Visible from the freeway | ✓ | X | X |
Commercial and mixed-use districts, not visible from the freeway | ✓ | ✓ | X |
Industrial districts, not visible from the freeway | ✓ | ✓ | ✓ |
D.
Other Outdoor Activity Areas. Where the Director finds that an outdoor use without screening would have a detrimental effect, the outdoor use shall be screened from view from any public street or freeway; existing or planned residential area; or publicly accessible open space area.
E.
Maintenance. Screening walls shall be maintained in good repair, including painting, if required, and shall be kept free of litter and advertising. Graffiti shall be removed within two (2) days of notice of its placement. Where hedges are used as screening, trimming or pruning shall be employed as necessary to maintain the required and the maximum allowed height.
(Ord. 24-002 § 5 (Exh. A))
§ 18.11.100 Swimming pools and spas.
Swimming pools, spas, and any body of water having a depth of more than eighteen (18) inches and related equipment shall comply with the following standards:
A.
No swimming pool, spa, or any body of water having a depth of more than eighteen (18) inches shall be located in a required front or side setback nor less than five (5) feet from a property line, measured to the outside edge of water.
B.
Accessory mechanical equipment and related structures shall not be located within fifteen (15) feet of a bedroom window on an adjacent lot.
(Ord. 24-002 § 5 (Exh. A))
§ 18.11.110 Visibility at intersections and driveways.
Vegetation and structures located within ten (10) feet of a driveway intersection with a street or sidewalk shall be subject to review and approval by the City Engineer/Director of Utilities. Sight distance at intersections shall be in accordance with the City's current Engineering and Design Standards.
(Ord. 24-002 § 5 (Exh. A))
§ 18.12.010 Purpose.
The purpose of this chapter is to implement the State Density Bonus Law, Cal. Gov't Code § 65915 et seq.
(Ord. 24-002 § 5 (Exh. A))
§ 18.12.020 Applicable zoning districts.
This chapter shall be applicable in all zoning districts that allow residential uses.
(Ord. 24-002 § 5 (Exh. A))
§ 18.12.030 Qualifications.
All proposed housing developments that qualify under Cal. Gov't Code § 65915 for a density increase and other incentives, and any qualified land transfer under Cal. Gov't Code § 65915, shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in Cal. Gov't Code § 65915, as may be amended.
(Ord. 24-002 § 5 (Exh. A))
§ 18.12.040 Density bonus, incentives and concessions.
The City of Dixon shall grant qualifying housing developments and qualifying land transfers a density bonus, the amount of which shall be as specified in Cal. Gov't Code § 65915 et seq., and incentives or concessions also as described in Cal. Gov't Code § 65915 et seq.
(Ord. 24-002 § 5 (Exh. A))
§ 18.12.050 Application.
An application for a density bonus or other incentive under this chapter for a housing development shall be submitted in writing to the Planning Division to be processed concurrently with all other entitlements of the proposed housing development. The application for a housing development shall contain information sufficient to fully evaluate the request under the requirements of this chapter and applicable State law.
(Ord. 24-002 § 5 (Exh. A))
§ 18.12.060 Review and consideration.
The application shall be considered by the Planning Commission or City Council at the same time the project for which the request is being made is considered. If the project is not to be otherwise considered by the Planning Commission or the City Council, the request being made under this chapter shall be considered by the Community Development Director. The request shall be approved if the applicant complies with the provisions of Cal. Gov't Code § 65915 et seq.
(Ord. 24-002 § 5 (Exh. A))
§ 18.12.070 Continued affordability.
Consistent with the provisions of Cal. Gov't Code § 65915 et seq., prior to a density bonus or other incentives being approved for a project, the City and the applicant shall agree to an appropriate method of ensuring the continued availability of the density bonus units.
(Ord. 24-002 § 5 (Exh. A))
§ 18.13.010 Purpose.
The purposes of the landscaping regulations are to:
A.
Improve the appearance of the community by requiring permanently maintained landscaping;
B.
Enhance the appearance of development and minimize or eliminate conflicts between potentially incompatible uses through landscaping;
C.
Aid in energy conservation by providing shade from the sun and shelter from the wind;
D.
Provide areas on site to absorb rainfall and assist in reducing storm water runoff;
E.
Assist in erosion control;
F.
Promote conservation and efficient use of water; and
G.
Implement the Water Conservation in Landscaping Act.
(Ord. 24-002 § 5 (Exh. A))
§ 18.13.020 Applicability.
The provisions of this chapter shall apply to the following:
A.
All new development.
B.
Additions to multi-unit and nonresidential development that expand existing floor area by ten percent (10%) or more.
C.
All new and rehabilitated landscaping projects that include new irrigated landscaping over two thousand five hundred (2,500) square feet.
D.
Exceptions. The provisions of this chapter do not apply to the following:
1.
Farming, agriculture, and crop production including vegetable gardens, vineyards, and small orchards.
2.
Public recreational areas (designated for active play, recreation or public assembly).
3.
Registered local, State or Federal historical sites.
4.
Habitat restoration projects that do not require a permanent irrigation system.
5.
Mined-land reclamation projects that do not require a permanent irrigation system.
6.
Existing plant collections, as part of botanical gardens and arboretums open to the public.
(Ord. 24-002 § 5 (Exh. A))
§ 18.13.030 Areas to be landscaped.
In addition to areas required to be landscaped pursuant to other sections of this code, the following areas shall be landscaped:
A.
Required Front and Street Side Setbacks. All required front and street side setbacks shall be landscaped except for areas used for exit and entry.
B.
Sloped Areas. All areas with 3:1 or greater slope.
C.
Nonresidential Use Abutting or Within Residential Districts. Whenever a nonresidential use is located within or adjacent to a residential district, a five (5) foot wide landscape buffer shall be provided along all interior property lines.
D.
Multi-Unit Residential Development Abutting or Within an RL District. Whenever multi-unit residential development is located within or adjacent to an RL district, a five (5) foot wide landscape buffer shall be provided along all interior property lines.
F.
Unused Areas. All areas of a project site not intended for a specific use, including areas planned for future phases of a phased development, shall be landscaped or hydroseeded.
(Ord. 24-002 § 5 (Exh. A))
§ 18.13.040 Water Conservation in Landscaping Act compliance required.
All landscaping shall comply with the Department of Water Resources Model Water Efficient Landscape Ordinance (Cal. Code of Regulations Title 23 Division 2 Chapter 2.7). The Prescriptive Compliance Option of Appendix D (Cal. Code of Regulations Title 23 Division 2 Chapter 2.7) may be used as a compliance option.
(Ord. 24-002 § 5 (Exh. A))
§ 18.13.050 Landscape plan.
A landscape plan showing compliance with the standards of this chapter shall be submitted with the permit application for all projects for which landscaping is required.
A.
Information Required. Landscape plans shall be drawn to scale and shall include the following:
1.
Proposed plant locations, species, and sizes.
2.
Location of any existing tree over six (6) inches in diameter or over two (2) inches in diameter for oak trees, as measured at forty-eight (48) inches above natural grade, and whether each such tree is proposed for retention or removal.
3.
Areas to be covered by nondecorative hardscape features (e.g., concrete, asphalt, gravel, driveways, sidewalks, etc.).
4.
Areas to be covered by decorative permeable hardscape features (e.g., brick, stone, mulch, water feature, etc.).
5.
Walkways, plazas and sitting areas, play areas, street furniture and other existing or proposed permanent outdoor equipment or decorative landscape features, if any.
6.
Proposed method and location of irrigation.
7.
Interim landscaping for future phases where deemed necessary by the City.
8.
Information demonstrating the Department of Water Resources Model Water Efficient Landscape Ordinance will be complied with.
B.
Alternative Landscape Plan. A modification to the standards of this chapter may be approved through a modification pursuant to Chapter 18.26 DMC, Modifications. The applicant shall demonstrate that the intent of the landscape requirements of this chapter will be achieved through an alternative landscape plan, prepared in accordance with the purposes set forth in this chapter. The alternative landscape plan shall clearly detail the modifications being requested from the provisions of this chapter and the alternative landscape plan reflects the evaluation criteria listed below.
1.
Innovative use of plant materials and design techniques in response to unique characteristics of the site or the proposed use.
2.
Preservation or incorporation of existing native vegetation.
3.
Incorporation of naturalistic design principles, such as variations in topography, meandering or curvilinear plantings, and grouping of dominant plant materials (trees, large shrubs) in a manner consistent with existing native vegetation.
4.
Integration of landscaping and pedestrian facilities in a manner that improves access or incorporates pedestrian-friendly design.
5.
Use of additional shade trees to create a greater canopy effect.
6.
A greater degree of compatibility with surrounding uses than a standard landscape plan would offer.
(Ord. 24-002 § 5 (Exh. A))
§ 18.13.060 General requirements.
A.
Materials.
1.
General.
a.
Required landscaped areas shall be planted with a combination of ground covers, shrubs, vines, and trees.
b.
Landscaping may include paved and graveled walkways and the use of decorative materials such as brick, bark, sand, wood, decorative rock, structural features, or other decorative features, provided they do not cover more than thirty percent (30%) of the area required to be landscaped.
c.
Garden areas and other areas dedicated to edible plants are considered landscaped areas and count toward required landscaping.
2.
Size and Spacing. Plants shall be of the following size and spacing at the time of installation:
a.
Ground Covers. Ground cover plants other than grasses shall be at least four (4) inch pot size. Areas planted in ground cover plants other than grass seed or sod must be planted at a rate of fifty percent (50%) of the plant's maximum width at maturity.
b.
Shrubs. Shrubs shall be a minimum size of one (1) gallon. When planted to serve as a hedge or screen, shrubs shall be planted with two (2) to four (4) feet of spacing, depending on the plant species.
c.
Trees.
(i)
Required Trees.
(A)
RL District. A minimum of one (1) street tree is required for every fifty (50) feet of street frontage, or fraction thereof.
(B)
RM District. A minimum of two (2) street trees are required for every fifty (50) feet of street frontage, or fraction thereof.
(C)
Commercial and Mixed-Use Districts. A minimum of two (2) street trees are required for every fifty (50) feet of street frontage, or fraction thereof.
(D)
Industrial Districts. A minimum of one (1) street tree is required for every fifty (50) feet of street frontage, or fraction thereof.
(ii)
Minimum Size. Trees shall be a minimum fifteen (15) gallon size having a minimum height of six (6) feet and a one (1) inch caliper at planting unless the Director approves an equivalent quality of tree based on tree species and quality of stock.
(iii)
Tree Selection. Trees shall be selected and planted in compliance with the adopted City of Dixon Tree Selection for Street Trees and Front Yard Trees, and any other applicable list or guide the City adopts for tree selection. Tree selection should consider the Sacramento Tree Foundation's Air Quality Beneficial Volatile Organic Compound List, or comparable. When all other factors are equal, trees with the highest rating for air quality benefits should be selected.
B.
Dimension of Landscaped Areas. No landscaped area smaller than four (4) feet in any horizontal dimension shall count toward required landscaping.
C.
Prescribed Heights. The prescribed heights of landscaping shall indicate the height to be attained within three (3) years after planting unless otherwise noted.
D.
Intersection Visibility. All landscaping shall comply with DMC § 18.11.110, Visibility at intersections and driveways.
E.
Maintenance. All planting and other landscape elements shall be maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning, fertilizing, and regular watering. Inert matter, such as gravel, decorative stone, or other acceptable materials not consisting of live vegetation shall be kept neat, well-ordered, and clear of the public right-of-way. Wherever necessary, plantings shall be replaced with other plant materials to ensure continued compliance with applicable landscaping requirements.
(Ord. 24-002 § 5 (Exh. A))
§ 18.13.070 Installation and completion.
A.
Consistency with Approved Plans. All landscaping shall be installed consistent with approved plans and specifications, in a manner designed to promote and maintain healthy plant growth.
B.
Timing of Installation. Required landscaping shall be installed prior to the issuance of a certificate of occupancy for the project.
C.
Exception – Assurance of Landscaping Completion. The Director may permit the required landscaping to be installed within one hundred twenty (120) days after the issuance of a certificate of occupancy in special circumstances related to weather conditions or plant availability. A surety in the amount equal to one hundred fifty percent (150%) of the estimated cost of landscaping, including materials and labor, as well as an agreement that the required landscaping will be installed within one hundred twenty (120) days, must be filed with the City to assure completion of landscaping installation within such time. The surety may take the form of cash deposit, irrevocable letter of credit or bond; and together with the agreement, would provide for payment to the City of any costs incurred in contracting for completion of the required landscaping.
(Ord. 24-002 § 5 (Exh. A))
§ 18.14.010 Findings.
The City Council hereby finds and determines as follows:
A.
On April 8, 1986, the resident voters of the City of Dixon approved an initiative ordinance which authorized but did not require the City Council to limit annual residential growth in the City
to a number of new dwelling units equal to three (3%) percent or less of the total number of housing units existing on December 31st of each prior calendar year, said limitation to begin in [1986] the year of the adoption of said measure. |
A copy of said initiative ordinance is on file in the office of the City Clerk and is commonly known as and referred to as "Measure B." Except as otherwise provided in this chapter, it is the intent of the City Council to implement the three percent (3%) growth limitation in Measure B.
B.
Measure B states that:
the unit [growth] limit is intended to be designated within the limits of the City's General Plan Goals, Objectives and Policies, in order to arrive at an approximate mix of eighty (80%) percent single family housing units (including single family attached duplex units) to twenty (20%) percent multiple dwelling units. |
C.
In addition, Measure B is made subject to certain exceptions set forth in Paragraph Nos. 4 and 5 of the "findings," which are included within the adopted text of Measure B.
D.
Paragraph No. 4 of the findings included the following exception to the residential dwelling unit growth limit:
In cases where the new number of units to be built in any one year (being a number equal to three (3%) percent of the dwelling units existing in the City during the previous year) is found by the Council to be insufficient for a particular Residential Development Project, when considered with other proposed units to be built during any one year, an exception may be made for a larger number of units in any one year, provided that (a) such exceptions do not occur more than two years in a row, and provided (b) in no case will the total number of units approved exceed the average of three (3%) percent per year over each consecutive five year period, and (c) that exceptions will be made only for the below-listed categories and criteria, as follows: |
1. Public Services. Where the costs of public services, utilities, infrastructure or school construction borne by a particular residential project and required by the City, are found by the Council, on the evidence presented to it, to prevent such project from being economically feasible, considering the number of dwelling units allowed to be built together with such public services, et cetera, an exception may be granted by the Council; |
2. Regional/Community Housing Needs. Where, on the evidence presented, the Council finds it necessary to increase the number of residential units to be built in any one year above said three (3%) percent to meet regional/community housing needs, an exception may be made by the Council. |
E.
Paragraph No. 5 of the findings provides that its residential growth limitations do not apply to "Any Planned Development or Unit thereof that received the approval of the City Council prior to the enactment of this measure." It also exempted "Housing projects in the Central Dixon Redevelopment Area."
F.
On August 11, 1987, the City Council adopted its Resolution No. 8759 which provided the City Council, City staff and prospective residential developers with limited procedures and standards for use in the implementation of Measure B. Subsequent to the adoption of Resolution 8759, the City Council adopted additional resolutions and entered into development agreements, all of which were intended by the City Council to allocate residential development allotments to various residential subdivisions within the City for specified multi-year periods commencing with the enactment of Measure B in 1986 and concluding with the 2000 calendar year.
G.
At a consolidated municipal election held on April 12, 1988, the City's electorate considered Measure D, an advisory measure relating to the implementation of Measure B. In deciding Measure D, the electorate was asked to determine whether a policy which limited the carry-over of unused residential housing allotments by developers from the year in which they were first granted into future years was "Not Restrictive Enough," "Fair" or "Too Restrictive."
The policy considered permitted a developer to carry over into the next calendar year only so many unused allotments as, when totaled with the residential housing allotments issued in that next calendar year, would total one hundred twenty-five percent (125%) of the allotments actually used in the prior year. A plurality of forty-three and seven-tenths percent (43.7%) of the electorate considered the policy to be "Fair." Approximately thirty-seven percent (37%) of the electorate desired a more restrictive view of carry-overs and considered it to be "Not Restrictive Enough." Only nineteen and one-half percent (19.5%) of the electorate sought a more liberal carry-over policy or considered it to be "Too Restrictive."
The City Council has considered the results of this advisory vote on Measure D in determining the extent and manner in which the allotment pool provided for in this chapter should operate. The allotments issued by the City will be usable by the developer to whom they are issued only during the calendar year in which they are issued. Only a limited basis for extending the life of the allotment is provided for. However, the allotments which are not used are not completely extinguished. Instead, they remain available for reallocation during the next four (4) calendar years. If not allocated and used after five (5) years, the allotments are usable only for affordable housing.
The City Council considers this procedure to be consistent both with Measure B and Measure D.
H.
Paragraph 7 of Measure B provided that it would be in effect until the year 1996, when it would again be placed on the ballot for reconsideration by the City electorate. At the general municipal election on November 5, 1996, Measure B was reconsidered by the City electorate and was reaffirmed by more than a majority of the City electorate voting on the ballot measure.
I.
In 1995 and 1996, the City annexed to its territory a total of one thousand three hundred thirty-two (1,332) acres of largely vacant agricultural lands to provide future growth areas for both residential developments and nonresidential developments. Prior to annexing these areas, the City adopted amendments to its 1993 General Plan which provided plans for streets, highways, and public and private land uses within these future growth areas.
J.
One of the future growth areas, consisting of approximately two hundred ten (210) acres, is known as the "Southpark Annexation Area." It is depicted in the General Plan as providing building sites for approximately six hundred eighty (680) single-family residential dwellings and one hundred thirty (130) multifamily residential dwelling units.
The Southpark Annexation Area is currently undergoing additional environmental review and consideration for amendments to the General Plan and zoning in anticipation of near-term commencement of residential development. As part of this process, the City will strive to meet the Measure B target of twenty percent (20%) multifamily housing and that mechanisms are considered in the entitlement process that ensure the development of multifamily housing concurrently with the development of any adjacent single-family housing.
K.
A second future growth area, consisting of approximately four hundred seventy-seven (477) acres, is known as the "Southwest Annexation Area." It is depicted in the draft Southwest Dixon specific plan as providing building sites for approximately five hundred ninety (590) low density residential dwelling units and six hundred thirty-one (631) medium density residential dwelling units, or a total of one thousand two hundred twenty-one (1,221) low and medium density dwelling units, in addition to providing commercial and employment uses.
L.
A third future growth area, consisting of six hundred forty-three (643) acres, is known as the "Northeast Annexation Area" and contains no residential land uses and is depicted in the General Plan and the Northeast Quadrant specific plan as being available for development for commercial and industrial uses.
M.
In 1996, the annexation of the Southpark Annexation Area and the Southwest Annexation Area (referred to herein as "the future residential growth areas") to the City was challenged by a statutory validating proceeding filed in Solano County Superior Court. This litigation was filed by a private party pursuant to Cal. Civ. Proc. Code § 860. It named various parties, including the City, the Solano Local Agency Formation Commission ("LAFCO") and private landowners, as defendants, respondents and real parties in interest. In 1998, the litigation was resolved in favor of the City and Solano LAFCO through entry of a judgment by the Solano County Superior Court. That judgment was subsequently affirmed on appeal by the California Court of Appeal (First District).
N.
The City General Plan and its housing element have established a set of goals, objectives and policies ("guidelines") to guide the City in matters relating to development within the future growth areas including the future residential growth areas of the City. Those guidelines include:
The City shall maintain the 'small town character' of Dixon to some extent... The provisions of Measure 'B' currently define the upper limits of permissible growth, and while these have general support, voters in the future may act to refine some of their aspects. |
The City shall phase development in an orderly, contiguous manner in order to maintain a compact development pattern and to avoid premature investment for the extension of public facilities and services. New urban development shall occur only in areas where municipal services are available and where adequate service capacity exists. In areas where proposed development would require major new facility expansion to ensure the provisions of municipal services, adequate service capacity should be in place prior to the approval of the proposed development. |
The City shall manage growth to the extent that the local service networks can support it. |
The City shall focus future growth initially in areas already designated as appropriate locations for such growth, in the interest of providing services in the most cost-effective manner. |
The City shall encourage new residential development that is compatible with the City's predominately low density, small town character and scale. |
The City shall identify adequate residential development sites which will be made available through appropriate zoning and development standards, with public services and facilities needed to facilitate and encourage the development of a variety of housing for all income levels, including rental housing, factory built housing, emergency shelters and transitional housing in order to meet the community's housing goals. |
The City shall regulate new residential housing development so as to foster a variety of housing types, densities and costs (including low- and moderate-income units) to meet the current and future housing needs of all Dixon residents while preserving the character of the individual neighborhoods. |
The City shall work toward the historic balanced mix of housing types and densities, in accordance with the eighty (80%) percent low density, single family distribution defined in Measure 'B' as the basis for annual limits for housing construction approvals. |
The City shall allow the housing supply to expand at a maximum rate of three (3%) percent per year, based upon the total numbers of units existing in the City as of the last day of the preceding year, in accordance with Measure B. |
The City shall permit moderate density residential development, characterized by smaller lot sizes and greater proportion of attached housing units, in those portions of the Planning Area characterized by a transition from single family residential to multiple family or non-residential uses. |
O.
In anticipation of future residential and nonresidential growth in the three (3) annexation areas listed above ("the future growth areas"), the City has been engaged in a process of capital improvement planning to ensure the provision of the essential public infrastructure needed for such growth, including, but not limited to, domestic water service facilities, storm drainage water facilities, wastewater collection and treatment facilities, streets, highways, freeway interchanges, railroad grade separations, public parks, public recreational facilities, and public administrative and safety facilities and equipment. The City has also evaluated the estimated costs associated with the financing of such essential public infrastructure and facilities and the financial resources available to the City to finance the costs of constructing such essential public infrastructure and facilities.
P.
The City Council desires to finance such essential public infrastructure in a manner which is fair and just to both the current residents and businesses of the City and to the future residents and businesses whose essential public infrastructure needs, as depicted in the General Plan and its ongoing capital facilities planning, will need to be addressed by the City as development occurs in the future growth areas. The City Council has now adopted, and will routinely update, a "Facilities and Equipment Study" containing the detailed financial information needed to assist the City Council in establishing the various financing mechanisms that will be needed to fund the future construction of certain items of infrastructure and equipment required for the development of the future growth areas.
Q.
At present, the City has only limited storm drainage capacity available to it to service the future growth areas. The City has prepared a storm drainage report which depicts and describes the storm drainage requirements for both its current urbanized areas and the future growth areas. Providing a solution for the storm drainage needs of the City may, at a minimum, require the City to enter into an agreement or agreements with other public agencies which provide for the disposal of such storm waters.
R.
The solution to the storm drainage needs of the City will also require the City to finance and construct storm drainage facilities to transport, detain, and possibly treat storm drainage waters emanating from the future growth areas. The process by which these storm drainage issues are to be resolved has been tentatively determined, but until such matters are finally resolved, necessary agreements reached with other public agencies, and the required storm drainage is constructed, the City will have only limited capacity to serve the future growth areas.
S.
The City operates a wastewater collection and treatment system (the "wastewater system") under permits issued by the State of California Regional Water Quality Control Board – Central Valley Division ("the RWQCB"). In 1997, the RWQCB issued a cease and desist order requiring the City to comply with the requirements of the permits that it has issued for the operation of the wastewater system. Although the City has made major improvement to the wastewater system since that date in an effort to bring its operations into full compliance with those permits, the staff of the RWQCB has advised the City staff it believes that certain conditions of the RWQCB permits relating to protection of groundwater are not being met by the City.
T.
Extensive tests are now being undertaken by the City to determine if it is complying with these conditions as required by the RWQCB. If the City is not complying with these conditions, further extensive improvements to the wastewater system may need to be made in order to bring the City into compliance with the permit conditions. The present uncertainty relating to these matters suggests that until they are resolved in a manner acceptable to the RWQCB, the City will have only limited capacity in its wastewater system to serve the future growth areas.
U.
The City Council is desirous of ensuring that essential public infrastructure and facilities for urban development in the future growth areas will be available at the time particular developments in the three (3) future growth areas are proposed to the City and that the appropriate financing, necessary for the construction of this infrastructure, is likewise available. The City Council is also concerned that the City has the staff and financial resources available to provide needed public services, such as police protection and fire protection, to the future growth areas when those services will be needed.
V.
The Dixon Unified School District has revised its facility plan for the present and future primary and secondary schools serving the present urbanized areas of the City and the growth areas in which future residential development will occur. School enrollment will increase as urban growth occurs in the future residential growth areas. The district presently has not identified all necessary sources of local funding for its future educational infrastructure needs and consequently its ability to provide service to the future residential growth areas is limited. The City Council desires that development of the future residential growth areas will not unnecessarily impact the educational infrastructure operated by the District.
W.
The City's fair share of the housing needs determination of the San Francisco Bay region, as adopted by the Association of Bay Area Governments ("ABAG") for the 1988 to 1997 period, was six hundred ninety-nine (699) units. The City was able to meet that need during that period notwithstanding the residential growth restriction in Measure B.
X.
The City's fair share of the housing needs determination of the San Francisco Bay region, as adopted by the Association of Bay Area Governments ("ABAG"), for the 1999 to 2006 period is one thousand four hundred sixty-four (1,464) units. The City should, given favorable economic conditions, be able to meet the allocated housing need assigned to it by ABAG during the 1999 to 2006 period notwithstanding the residential growth restrictions contained in Measure B.
Y.
The City General Plan and its housing element recommend a variety of programs and policies intended to provide housing for very low income households, low income households and moderate income households including, but not limited to, the following:
The City shall assist in the development of adequate housing to meet the needs of low and moderate income households. |
The City shall address and assist, to the extent possible, special housing needs, such as those of handicapped [by which the State law means Persons with disabilities], elderly, large households, farm workers, families with female heads of household and families in need of emergency shelter. |
The City shall recognize the need for alternative styles and types of housing, and support the development of townhouses, split-lot duplexes, condominiums and apartments in suitable locations, subject to appropriate review considerations. |
The City shall encourage the provision of moderately priced housing in all larger scale development, so as to avoid a concentration of such housing in any one area. |
Use Measure B to implement the goals and policies of the Housing Element and to achieve quantified objectives for housing units within each income category. |
Establish affordable housing objectives consistent with the Regional Fair Share Allocations; Revise Measure B annual allocation procedures to provide incentives for performance. |
Establish an annual objective for lower-income housing units as Measure B allocations are determined. Establish a City policy that gives priority for allocations to development projects that include multifamily sites or otherwise fulfill the established lower-income housing objectives. |
Utilize the Measure B allocation process to designate a portion of the available allocations for either rental or owner-occupied projects which will provide lower-income units. |
Allocate at least twenty (20%) percent of future residential development permits under Measure B to multiple-family housing. |
The City shall encourage and assist non-profit housing providers, both public and private, to reduce development costs in order to increase production of below-market-rate housing. |
Z.
That notwithstanding the foregoing, the City Council recognizes a continuing need to provide opportunities for affordable housing. Therefore, this chapter provides that a residential development allotment not utilized by developers during the five (5) year life of an allotment shall thereafter remain available for the provision of affordable housing. This provision is in conformance with the intent of Measure B in that the overall rate of residential growth since adoption of Measure B would in no event exceed three percent (3%).
AA.
Measure B states that its purpose is as follows:
It is the purpose [of Measure B] to augment the policies of this City as stated in its General Plan and Ordinances, regarding the regulation of residential development. To accomplish this purpose, the City needs to control its annual proposed residential Development to achieve a balanced housing mix. It is the intent of the people of the City of Dixon to realize a steady, controlled rate of balanced residential growth. This controlled growth is to assure that the services provided by the City and other service agencies will be adequate in the foreseeable future. Services should be provided in such a way as to avoid overextension or scarcity of resources of existing facilities, to bring deficient services or facilities up to full operating standards, and utilize long range planning techniques to minimize the cost of the expansion of facilities to the public. |
BB.
It is the intent of the City Council in adopting this Measure B Residential Growth Implementation Plan to implement the purposes of Measure B by providing a process, consistent with the stated intent of Measure B, for the annual allocation and use of residential development allotments for residential development construction in the five (5) year period with the calendar year 2002 being the fifth year in that period and the calendar year 1998 being the first year in that period. The City Council finds that this method of calculating the maximum amount of housing allotments that will be approved by the City Council over any consecutive five (5) year period is consistent with and best implements the stated intent of Measure B that through its implementation a "steady, controlled rate of balanced residential growth be maintained."
CC.
The public health, safety and welfare interests of the residents of the City promoted by the adoption of this Implementation Plan include:
1.
The interests of the City and its residents in ensuring that the essential public infrastructure, facilities and public services provided by the City to the future growth areas are properly and effectively staged and financed in a manner which will, among other factors, not use existing essential public infrastructure and facilities beyond their capacity, and will, to the extent possible, allow the City to bring needed new essential public infrastructure, facilities and services into operation in a cost-efficient and timely manner.
2.
The interests of the City and its residents in ensuring that the Dixon Unified School District will have the time and financial resources necessary to properly and effectively finance, build and staff the educational facilities needed to meet the education needs of the residents of the future residential growth areas.
3.
The interests of the City and its residents in ensuring that residential growth in the future residential growth areas contain the mix of single-family and multifamily units that is contemplated by Measure B.
4.
The interests of the City and its residents in ensuring that a balance of housing types and values will be provided in the future residential growth areas which will accommodate a variety of households, including very low, low and moderate income households.
DD.
The enactment of this chapter will not reduce or adversely affect the housing opportunities of the region of California within which the City is situated and is compatible with State of California housing goals and regional housing needs because it includes inducements for the development of a variety of housing types, including affordable housing, designed to meet the needs of households of all income levels.
EE.
This chapter represents a reasonable balance and accommodation of the public health, safety and welfare interests advanced by growth management as envisioned by Measure B on one hand and the public health, safety and welfare interests advanced by the continued provision of safe, sanitary and affordable housing on the other hand, because it advances the interests set forth in subsection CC of this section, without adversely impacting the City's regional housing obligations as evidenced in subsections V, W and X of this section. To the extent this chapter may be determined to reduce the housing opportunities of the region, the findings contained in subsection CC of this section as to the public health, safety and welfare interests promoted by the adoption of this chapter are hereby found by the City Council to justify any such reduction in the housing opportunities of the region.
FF.
It is the purpose of this chapter to augment the policies of the City as set forth in the City General Plan and to all other plans, ordinances and resolutions adopted by the City Council under the authorization granted to it by Measure B for the regulation of residential growth within certain areas of the City.
GG.
In order to accomplish the above findings and determinations, and to fulfill the intent of Measure B as approved by the City electorate in 1986 and in 1996, the City must be able to effectively and reasonably control the annual rate and residential mix of proposed residential development, on a year-to-year basis over five (5) year cycles.
(Ord. 24-002 § 5 (Exh. A))
§ 18.14.020 Definitions.
Whenever the following terms are used in this chapter, they shall have the meaning established by this section unless from the context it is apparent that another meaning is intended:
shall mean single-family or multiple-family residential housing consisting of very low income household dwelling units, low income household dwelling units and/or moderate income household dwelling units in such proportions to each other as may be determined on a project-by-project basis by the City Council.
shall mean the total number of residential development allotments available for allocation at a given time, including those allocations available in a given calendar year and any of those which were available in the prior four (4) calendar years but which were not allocated or which were allocated and either relinquished or terminated.
shall mean living units which are added to existing dwelling units and defined as "secondary living units" under the zoning ordinance of Dixon which have been approved by the City as provided in said ordinance.
shall mean the appointed Building Official of the City of Dixon or his or her designated representative.
shall mean the final City approval before construction may begin. This is usually the permit issued by the Community Development Department with the approval of the Building Official. In the case of mobile home parks requiring a conditional use permit for the construction of the park, it shall mean the conditional use permit issued for the mobile home park if the construction of the mobile home park requires no building permit from the City.
shall mean a residential development project or portion thereof qualifying for a residential development allotment under this chapter that has entered into a contractual agreement with the City providing legally enforceable assurances to the City that the residential development project or portion thereof for which said residential development allotment was granted will remain as very low income, low income or moderate income housing, as the case may be, for a period of not less than ten (10) years, but which period will typically be for between twenty (20) and fifty (50) years.
shall mean a natural person, firm, corporation, partnership, limited partnership, limited liability company, or any other association or entity, who proposes to engage in residential development on an eligible parcel and who is the owner of that eligible parcel.
The term shall not apply to any person who is the owner of a lot or parcel to which a residential development allotment has been allocated after that allotment has been used and a residential dwelling unit has been erected upon the lot or parcel and a certificate of occupancy for that dwelling unit has been issued by the Building Official.
shall mean the use to which the land is put, including, but not limited to, subdivision pursuant to the Subdivision Map Act (Cal. Gov't Code § 66410 et seq.) and by any other division of land, except by a public agency, the buildings to be constructed upon land, and all alterations of the land and construction incident thereto.
shall mean an agreement, executed and signed by both the City and a developer under the provisions of Section 65864 et seq. of the Planning and Zoning Law and which has taken effect. A development agreement shall not be effective until it has been approved by an ordinance of the City Council and that ordinance has become operative in the manner required by law.
shall mean the Community Development Director of the City of Dixon or his or her designated representative.
means a parcel which is eligible for a residential development allotment by being either: (1) a legal parcel or lot of record within the territorial boundaries of the City which is zoned for residential uses of the exact nature for which the residential development allotment is granted at the time of the granting of a residential development allotment to it and is divided by a final map, parcel map or lot line adjustment into the exact configuration upon which the residential development project will occur under the residential development allotment at the time of the granting of a residential development allotment to it; (2) a separate lot or parcel which, at the time of the granting of the residential development allotment, is depicted upon an approved tentative subdivision map or an approved final parcel map and for which all required public infrastructure for its development is either constructed or the construction of such infrastructure is provided for with reasonable certainty; or (3) the whole of a piece of real property not previously subdivided but proposed for residential development in such a manner that does not require subdivision under the terms of the Subdivision Map Act and for which all required public infrastructure for its development is either constructed or the construction of such infrastructure is provided for with reasonable certainty.
shall mean any of the following: (1) any planned development or parcel or lot contained or located in a planned development approved prior to the adoption of Measure B; (2) dwellings containing occupancies on which a transient occupancy tax is paid and not more than one (1) dwelling unit is used as a resident manager's unit for each hotel or motel or other occupancy for which a transient occupancy tax is paid; and (3) not more than one (1) dwelling unit used as a resident manager's unit for each commercial or industrial facility.
for purposes of this chapter shall include all eligible parcels of record on the effective date of this chapter within the City with exception of those lots or parcels in future growth areas.
shall mean a separate housing unit for rent or sale with a rental rate or consumer purchase cost which enables persons with a gross household income that is more than fifty percent (50%), but does not exceed eighty percent (80%) of the Solano County area median income (as adjusted for family size), to rent or purchase that unit, and which is formally dedicated as low income housing, under a locally recognized program and which is funded or subsidized pursuant to the provisions of applicable Federal, State of California, or local laws or programs, and which also includes affordability guarantees for a period of not less than ten (10) years, but which period will typically be for between twenty (20) and fifty (50) years.
shall mean a separate housing unit for rent or sale with a rental rate or consumer purchase cost which enables persons with a gross household income that is more than eighty percent (80%), but does not exceed one hundred twenty percent (120%) of the Solano County area median income (as adjusted for family size), to rent or purchase that unit, and which is formally dedicated as moderate income housing, under a locally recognized program which may be funded or subsidized pursuant to the provisions of applicable Federal, State of California, or local laws or programs, and which locally recognized program also includes affordability guarantees for a period of not less than ten (10) years, but which period will typically be for between twenty (20) and fifty (50) years.
shall mean a natural person, a firm, a corporation, a partnership, a limited partnership, a limited liability company, or other association or entity.
shall mean either: (1) that funds are on deposit with the City, or financial securities such as performance bonds, irrevocable letters of credit or assigned certificates of deposit delivered to the City, all of which are for the benefit of the City, and that they are adequate, as determined by the City Manager, to pay the costs of providing the necessary municipal infrastructure services for a lot or parcel, and that a program and schedule to provide the necessary municipal infrastructure services for that lot or parcel have been developed by either the City or the applicant, or both, which can be practically complied with as determined by the City Manager after consideration of the accepted practices in the relevant fields of municipal infrastructure service delivery and construction; or (2) that construction or provision of the necessary municipal infrastructure services for a lot or parcel has been included in the City's adopted Capitol Improvement Program ("CIP") and that the City Manager has determined that funds will be provided by the City in accordance with that CIP in an amount and time so as to make provision of such services reasonably certain.
shall mean the City approval which must be obtained by a developer before a building permit can be issued for a residential development project. This is an entitlement issued by the City Council pursuant to the provisions of this chapter. A residential development allotment may be subject to such terms and conditions as are: (1) provided for in this chapter; or (2) provided for in a development agreement.
shall mean the whole of any development project containing residential uses not expressly exempted by Measure B or this chapter. Exempted development shall not be considered a residential development project except as otherwise may be provided for under this chapter. The construction of two (2) or more residential dwellings at the same time by a single merchant production builder within an area approved as a single subdivision shall be considered one (1) residential development project, whether or not separate building permits are to be issued for each structure. The independent construction of one (1) or more single residential dwellings or duplexes by separate custom builders which are coincidentally within the same subdivision shall be considered separate residential development projects.
shall mean a separate housing unit for rent or sale with a rental rate or consumer purchase cost which enables persons with a gross household income that does not exceed fifty percent (50%) of the Solano County area median income (as adjusted for family size) to rent or purchase that unit, and which is formally dedicated as very low income housing, under a locally recognized program which is funded or subsidized pursuant to the provisions of applicable Federal, State of California, or local laws or programs, and which also includes affordability guarantees for a period of not less than ten (10) years, but which period shall typically be for between twenty (20) years and fifty (50) years.
(Ord. 24-002 § 5 (Exh. A))
§ 18.14.030 Application of chapter and exemptions.
Unless suspended by resolution of the City Council, the provisions of this chapter providing for the allocation and use of residential development allotments shall apply to all residential development projects within the City and all lands, lots or parcels within the City except to the following:
A.
Residential development projects and lands, lots or parcels holding valid allocation of a residential development allotment prior to the effective date of this chapter.
B.
Residential development projects and lands, lots or parcels which were otherwise specifically exempted from Measure B by the provisions of Paragraph 5 of its findings.
C.
Rehabilitation or remodeling of existing residential dwellings as long as no additional dwelling units, other than approved secondary living units, are created.
D.
Construction of approved secondary living units.
E.
Model homes not used as residences, but used as an advertisement for housing sales, limited to ten (10) such dwelling units for each developer in each separate residential subdivision as approved by the Director under the provisions of the City zoning ordinance. The Community Development Director shall determine what is a separate residential subdivision for purposes of this exemption when lots in a subdivision have been divided in phases as provided in an approved tentative map. Model homes that have been constructed on a lot or parcel that has been temporarily exempted from the requirements of this chapter may be converted and occupied as a residence only when a residential development allotment has been granted for that lot or parcel as provided in this chapter and a certificate of occupancy has been issued for the model home by the Building Official. The Director shall issue his or her decision in writing and it shall be subject to being appealed by the developer or any interested persons as provided in DMC § 18.14.250, Appeals.
F.
Rest homes, convalescent hospitals or facilities, assisted living facilities, and congregate care facilities.
G.
Any unit for which transient occupancy taxes are paid pursuant to the transient occupancy tax ordinance of the City (Chapter 4.06 DMC), including but not limited to hotels, motels, and bed and breakfast facilities.
H.
Dwelling units reserved for senior citizens, not less than fifty-five (55) years of age, when the household income is either very low, low, or moderate income as herein defined and where said dwelling units are restricted to occupancy by senior citizens as memorialized in a covenant, development agreement or other legal mechanism approved by the City Council. This exemption is limited to the first one hundred fifty (150) dwelling units so approved by the City Council.
(Ord. 24-002 § 5 (Exh. A))
§ 18.14.040 Need for residential development allotments and penalties for violations.
No building permit shall be issued by any officer or employee of the City for any residential development project within the City which is not exempt from the provisions of this chapter or Measure B until the developer of the residential development project secures a residential development allotment for said residential development project as provided in this chapter.
It shall be unlawful and a misdemeanor for any person to commence the construction of a residential development project which is not exempt from the provisions of this chapter or Measure B until that person has obtained from the City a residential development allotment for such residential development project as provided in this chapter.
It shall be unlawful and a misdemeanor for any person to occupy a model home described in DMC § 18.14.030(E) as a temporary or permanent residence, or to authorize or permit any person to occupy such a model home as a temporary or permanent residence, until a residential development allotment has been granted by the City under the provisions of this chapter for the lot or parcel upon which said model home is located.
Any act which may constitute a misdemeanor under this section is also found and determined by the City Council to constitute a public nuisance, and it may be abated as such by the City Attorney in the manner provided by the general laws of the State of California.
(Ord. 24-002 § 5 (Exh. A))
§ 18.14.050 Establishment of five (5) year residential development allotment pool.
The City Council, based upon adequate and credible evidence presented to it, determines that the intent of Measure B can be best implemented by a residential development allotment procedure which is primarily based upon consecutive five (5) year periods commencing with the calendar year 2002 and including each of the previous four (4) calendar years. The City Council finds and determines that using consecutive five (5) year periods which include the current calendar year and the four (4) preceding calendar years for the purpose of the future allocation of residential development allotments provides a procedure which can be readily understood and effectively monitored by the City in the future to ensure that the intent of Measure B is being achieved.
In any given year, the number of allotments available for allocation shall be the total number of allotments available in the allotment pool. Allotments shall remain in the allotment pool and available for allocation for five (5) years from when they were first made available, after which they shall no longer be available for allocation except as affordable housing in accordance with DMC § 18.14.200, Allocation of residential development allotments for affordable housing projects.
Residential development allotments shall be considered to be used at the time a building permit is issued. The oldest valid allotment extant when a building permit is issued shall be considered to be the allotment which is used. For example, where forty-five (45) 1998 allotments are in the 1998 to 2002 allotment pool, the first forty-five (45) building permits issued in 2002 shall be considered to have utilized the 1998 allotments rather than any other allotments from 1999 to 2002.
(Ord. 24-002 § 5 (Exh. A))
§ 18.14.060 Procedures for allocations of residential development allotments for calendar year 2001.
Repealed during 2013 recodification.
(Ord. 24-002 § 5 (Exh. A))
§ 18.14.070 Procedures for allocation of residential development allotments commencing in calendar year 2002.
Except as otherwise may be provided in a development agreement for a specific residential development project, commencing with the calendar year 2002, residential development allotments shall be subject to being granted by the City Council to developers as follows:
A.
All allocations of available residential development allotments shall be made on a calendar year basis.
B.
On or before November 15th of each year, the Director shall issue and make public a nonbinding estimate of the number of residential development allotments in the allotment pool for the coming calendar year.
C.
If the applications for residential development allotments do not exceed the number of residential development allotments available for allocation, the City Council may either: (1) extend the date for the submission of applications, or (2) solicit new applications at a later date during the year determined by the City Council.
D.
A separate application for a residential development allotment must be filed for each residential development project.
E.
All applications must be filed on forms provided by the Director and shall contain such information determined necessary by the Director to assist the Director and the City Council in properly administering this chapter. Applications for any given calendar year shall be filed by not later than December 30th of the prior year.
F.
Each application must be accompanied by a processing fee in such amount as may be fixed by resolution of the City Council from time to time.
G.
Each application shall be accompanied by a development schedule outlining the dates by which all other required development entitlement applications for the residential development project were either approved or will be filed with the City and the estimated dates within the applicable calendar year when the building permits for construction of the residential dwellings could be issued should the requested residential development allotment be granted by the City Council.
The application shall also be accompanied by a list of all public infrastructure and facilities which are currently available to serve each lot or parcel for which a residential development allotment is requested and a list of all public infrastructure and facilities which are not currently available to serve such lots or parcels, together with a detailed description of the applicant's plans to provide such infrastructure with reasonable certainty to the satisfaction of the City Manager. The City Manager shall render his or her decision with respect to the reasonable certainty that the infrastructure will be available in writing and it shall be subject to being appealed as provided in DMC § 18.14.250, Appeals.
H.
The date the application shall be deemed filed shall be the date when a complete application is properly submitted to the Director and is accepted as such by the Director. The Director shall notify the applicant in writing when the application is accepted as being complete. In those cases where an application is made early enough, an accepted application may be amended by the submittal of an additional application made in the same manner and subject to the same filing deadlines as the original application. The date when the amended application is deemed filed shall be the date when a complete amended application is properly submitted to the Director and is accepted as such by the Director. The Director shall notify the applicant in writing when the amended application is accepted as being complete.
I.
If the application is not complete, the Director shall return it to the applicant with a written description of the reason why it is not being accepted as complete and shall afford the applicant a period of time, not less than five (5) days, nor greater than ten (10) days, within which to resubmit the corrected application. If the corrected application is complete, it shall be accepted by the Director. If the corrected application is not complete, the application shall be rejected by the Director and the applicant notified in writing by the Director of the rejection of the application and the reason or reasons why it was rejected. Any decision of the Director to reject an application may be appealed to the City Council as provided in DMC § 18.14.250, Appeals.
J.
The Director shall submit each complete application to the Public Works Director, Community Services Director, Police Chief, Fire Chief and the Manager of the Solano Irrigation District ("the commenting officials") for review and written comment upon the adequacy of public infrastructure to serve the lots or parcels which are the subject of the application. Upon the receipt of said comments by the Director, he or she shall forward the applications to the City Council for consideration with both the comments of the Director, if any, concerning the applications and the comments of the commenting officials, if any, concerning the adequacy of public infrastructure needed to serve the lots or parcels.
K.
Upon receipt of the applications and above-described comments, the City Council shall conduct a noticed public hearing not later than February 15th on the complete applications. Written notice of the hearing shall be given by the Director to all applicants whose complete applications are under consideration by the City Council by mailing the notice to the applicant's address as shown in the applicant's application not later than ten (10) days prior to the hearing date. Notice of the hearing shall be published at least one (1) time in a newspaper of general circulation within the City not later than ten (10) days prior to the hearing date.
L.
Subject to the numerical limitations and housing type mix requirements provided in Measure B and subsequent to the public hearing required by subsection K of this section, on or before March 15th the City Council shall determine and allocate the number of residential development allotments for the applicable calendar year. In making the allocation, the City Council shall consider the purposes and limitations of Measure B, but the decision of the City Council in determining the number of residential development allotments to be allocated in the calendar year and the manner in which they are allocated among competing applicants in accordance with the requirements of this chapter shall be subject to the legislative discretion of the City Council and such determinations shall be final.
M.
Prior to allocating residential development allotments in excess of the three percent (3%) limit provided for in Measure B, the City Council shall make the finding or findings required by Paragraph 4 of the findings contained in Measure B.
N.
Each such allocation shall be subject to the terms of this chapter, the terms of Measure B and any condition or conditions imposed by the City Council at the time of making the allocation.
O.
The City Council shall give preference in the allocation process to those developers who have entered into a development agreement and whose allotments allocated by the development agreement have been reallocated and reduced. Such preference shall be limited to the number of allotments by which the development agreement allotments have been reduced. Developers who have entered into a development agreement and desiring additional allotments beyond what was allocated by the development agreement must apply for an amendment to the development agreement.
P.
The City Council may give preference in the allocation process to residential development projects that provide for the construction of affordable housing, or which are needed to maintain the appropriate mix of single-family and multifamily dwelling units in the City mandated by the provisions of Measure B.
Q.
Each allocation to a developer shall specifically identify the eligible parcel to which the residential development allotment or residential development allotments for the calendar year are being allocated. In addition, each allocation shall be subject to the terms of this chapter and any condition or conditions imposed by the City Council at the time of making the allocation.
R.
To the extent that all of the available residential development allotments are not allocated by the City Council to developers in the annual process described above, the Council may: (1) choose not to use the unallocated residential development allotment during the calendar year (in which case those four (4) or fewer years old will remain in the allotment pool for the following year), or (2) authorize the granting of residential development allotments to developers by application made to the Director on a first-come, first-served basis as such applications are received by the Director or building permits issued by the Building Official. The allocations of such unused residential development allotments may be made by resolution of the City Council containing such terms and conditions, consistent with the requirements of Measure B, as the City Council deems appropriate. The Director shall render his or her decision in writing and it shall be subject to being appealed by the developer as provided in DMC § 18.14.250, Appeals.
S.
Any allocation of residential development allotments shall indicate the calendar year of the allotments so allocated.
(Ord. 24-002 § 5 (Exh. A))
§ 18.14.080 Alternative dates for application and processing of allotments.
Additional procedures to be followed by the City in receiving, reviewing and allocating residential development allotments for a residential development project may be established from time to time by resolution of the City Council. For the calendar year 2002 and for any subsequent calendar year, the City Council may, by resolution, establish dates other than those set forth above in DMC § 18.14.070, Procedures for allocation of residential development allotments commencing in calendar year 2002, for the filing of applications for residential development allotments and the processing of said applications by the Director and City Council. In addition, if it appears that no residential development allotments will be available for allocation in any calendar year, the City Council may, by resolution, determine that no application for such allotments will be accepted or processed for that calendar year.
(Ord. 24-002 § 5 (Exh. A))
§ 18.14.090 Application contents.
Any application filed for a residential development allotment under the provisions of this chapter shall contain the following information:
A.
Name, address and telephone number of the applicant and developer (i.e., owner).
B.
Name, address and telephone number of the agent, if any, of the applicant and developer.
C.
Legal description and assessor's parcel map descriptions of the eligible parcel(s) or other lots or parcels for which a residential development allotment is being sought.
D.
A preliminary title report of such parcel(s) issued not later than thirty (30) days before the date of the application.
E.
General Plan land use designation for such parcel(s).
F.
City zoning map zoning designation for such parcel(s).
G.
Map of the residential development project in which such lots or parcels are located.
H.
Acreage of the residential development project in which such lots or parcels are located and area of such lots or parcels.
I.
Copy of final map(s) or parcel map(s), if any, which include such lots or parcels, together with a copy of any development agreement(s) for such parcel(s).
J.
If such lots or parcels are not included on a final map or parcel map, either a copy of an approved tentative subdivision map for such parcel(s) or an approved development agreement for such parcel(s).
K.
If application signed by other than the developer (i.e., owner) of such parcel, a written document from the developer authorizing the applicant to file the application for the residential development allotment, bearing an acknowledgment of the developer's signature(s) by a notary public.
L.
A preliminary project layout, including a description of the projected size(s) of residential structures which the applicant proposes to construct on such parcel(s).
M.
For a multifamily residential development project, the number of dwelling units which will be built on such parcel(s).
N.
A completed environmental questionnaire and copies of any prior environmental documents, if any, for the proposed residential use or uses which will be located on such lots or parcels.
O.
Each application shall be accompanied by a development schedule outlining the dates by which all other required development entitlement applications for the residential development project were either approved or will be filed with the City and the estimated dates within the calendar year for which allocations are being requested when construction of the residential dwellings could commence should the requested residential development allotment be approved by the City Council.
P.
The application shall also be accompanied by a list of all essential public infrastructure and facilities which are currently available to serve the parcel and a list of all essential public infrastructure and facilities which are not currently available to serve the parcel.
Q.
A detailed description of the applicant's plans, or the plans of others, to provide with reasonable certainty all nonavailable public infrastructure prior to the termination date of the residential development allotment.
(Ord. 24-002 § 5 (Exh. A))
§ 18.14.100 Method of granting of residential development allotments.
A.
All residential development allotments, other than those allocated by the City Council through the use of development agreements, shall be granted by the City Council by the adoption of a resolution. The resolution shall specifically describe the parcel(s) for which the residential development allotment is approved and the calendar year for which it is being allocated. Residential development allotments allocated through development agreements shall be granted through the adoption of said agreements by ordinance as required by law and the ordinances and resolutions of the City.
B.
In any given calendar year, the City Council may, by resolution, authorize up to twenty-five percent (25%) of the available residential development allotments to be allocated by the Director to residential development projects on infill parcels on a first-come, first-served basis. Such allocations shall be made subject to such terms and conditions, consistent with Measure B, as the City Council deems appropriate.
C.
Notwithstanding the provisions of DMC § 18.14.070, § 18.14.080 or § 18.14.090, allocation of residential development allotments in those residential development projects for which a development agreement is approved shall be determined and memorialized in the development agreement for each such residential development project in accordance with DMC § 18.14.180.
(Ord. 24-002 § 5 (Exh. A))
§ 18.14.110 Use of residential development allotments to obtain building permits.
All developers securing residential development allotments shall, subject to the terms and conditions of this chapter, have the opportunity to obtain a building permit for the residential development project on the lot or parcel for which the residential development allotment has been approved by applying for such permits, paying all fees which are collected at the time of the issuance of the building permit, including all mitigation and impact fees and capacity charges which are payable at that time; provided, however, that where another ordinance or policy of the City provides for deferral of payment of such fees or charges to a later time, nothing in this section shall prevent the deferral of payment in accordance with such ordinance or policy.
(Ord. 24-002 § 5 (Exh. A))
§ 18.14.120 Termination of allotment for failure to obtain building permits.
If a developer who has been issued a residential development allotment through the annual process provided for in DMC § 18.14.070 or § 18.14.080 should fail prior to September 30th of the calendar year for which the residential development allotment was issued to obtain a building permit for the residential development project on each lot or parcel for which the residential development allotment was approved, said residential development allotment shall terminate without further action of the City Council or City for each lot or parcel for which the building permit was not obtained unless, prior to September 30th, the developer has obtained a resolution of the City Council granting an extension of time in which to obtain the building permit, which extension shall not be later than September 30th of the following calendar year.
(Ord. 24-002 § 5 (Exh. A))
§ 18.14.130 Termination of allotment for failure to complete construction.
In the event a developer uses a residential development allotment by obtaining a building permit and thereafter fails to construct the structure for which the permit was issued within the time periods for completion of such construction provided for in the adopted building code and said building permits are revoked by the Building Official as provided in said codes, then the residential development allotments shall automatically terminate upon the revocation of the building permit and no new building permit may be issued for the parcel upon which the construction was to occur until a new residential development allotment is obtained by the developer for that lot or parcel as provided in this chapter.
(Ord. 24-002 § 5 (Exh. A))
§ 18.14.140 Voluntary relinquishment of residential development allotment.
If a developer who has been issued a residential development allotment through the annual process provided for in DMC § 18.14.070 or § 18.14.080 determines that it will be unable to use the allocated allotment during the calendar year for which it was allocated and gives written notice to the Director, not later than August 31st of that calendar year, that it desires to relinquish the allotment, then upon receipt of said notice the Director shall notify the City Council that said allotment is available for reallocation as provided in DMC § 18.14.170. Any developer who voluntarily relinquished an allocated allotment in this manner shall be entitled to such priorities in the allocation of new residential housing allotments as may be provided for in the procedures adopted by the City Council under the provisions of DMC § 18.14.170.
(Ord. 24-002 § 5 (Exh. A))
§ 18.14.150 Reapplication by developer with terminated allotment.
Any developer whose residential development allotment has been terminated under the provisions of DMC § 18.14.120 or § 18.14.130, may, in subsequent calendar years, reapply for allocation of residential development allotments for the lots or parcels for which the residential development allotment had been previously approved. The process followed for such applications shall be that provided in DMC § 18.14.170.
(Ord. 24-002 § 5 (Exh. A))
§ 18.14.160 For-cause extension of allocation termination date.
The City Council shall grant an extension of time to a developer if the developer could not timely obtain the building permit from City as a result of litigation filed by a third party which enjoined the City Building Official or other officer, board, or commission of the City from issuing the building permit to the developer or expressly enjoined the developer from obtaining the building permit from City. The developer shall have the burden of demonstrating, by a preponderance of the evidence, an entitlement to an extension pursuant to this section. Where an extension is granted, the developer shall make application for the permit during the calendar year for which it was allocated and pay all fees required for the building permit. Thereafter, when the permit is subsequently issued by the City, for purposes of this chapter it shall be deemed to have been issued in the calendar year when it would have been issued but for the pendency of such litigation.
(Ord. 24-002 § 5 (Exh. A))
§ 18.14.170 Reallocation of relinquished or terminated residential development allotments.
A.
The City Council may, by resolution, reallocate residential development allotments which were voluntarily relinquished under the provisions of DMC § 18.14.140 or terminated by the City under the provisions of DMC § 18.14.120 or § 18.14.130. Said reallocation may be made during or following the calendar year for which the residential development allotment was originally allocated; provided, that such reallocation is made during the five (5) year life of the allotment. The reallocation shall be made from residential development allotments which are available for reallocation after taking into consideration all allocations of the City Council that have been made under DMC § 18.14.180 in connection with the approval of development agreements. In reallocating the available residential development allotments the City Council shall exercise its legislative discretion in determining the developer to whom said allotment will be reallocated subject to the terms and conditions contained in this section.
B.
The City Council shall provide for the reallocation of the relinquished or terminated residential housing allotments to developers in the following order of priority:
1.
First preference shall be given by the City Council to developers who, in the current calendar year or in prior calendar years, have voluntarily relinquished allocated residential housing allotments for a project. To be eligible for this preference, the developer must give written notice to the Director pursuant to DMC § 18.14.140 of a desire to voluntarily relinquish the residential development allotment. The notice shall be given on a form provided by the City Clerk and approved as to form by the City Attorney. Priority among the developers who are eligible for such reallocation shall be established based upon the date when the Director received written notice from the developer that the allocated allotment was being voluntarily relinquished.
2.
Second preference shall be given by the City Council to the developers who participated in the annual allocation process in the current calendar year or in prior calendar years and whose valid applications for allocation of residential development allotments were denied, or partially denied, by the City Council on the grounds that no additional residential housing allotments were available for allocation in that calendar year. The City Council may exercise its discretion in determining the manner in which the available housing allotments are allocated to the developers who fall into this group and may do so without regard to the date or dates when the developers were previously denied allocation of residential development allotments by the City Council.
(Ord. 24-002 § 5 (Exh. A))
§ 18.14.180 Allocations of residential development allotments in development agreements.
The City Council may, in its sole discretion, conditionally obligate the City to issue residential development allotments to developers who enter into development agreements with the City when such obligation is provided for in a development agreement that has become effective.
The terms of such development agreement may provide for the issuance of residential development allotments for any period of time not to exceed ten (10) consecutive years. It shall also provide that any residential development allotment approved by the City Council in said process shall be subject to issuance, use, termination and reallocation in the same manner provided for in this chapter unless a different procedure for termination and reallocation is provided for in the development agreement. Residential development allotments provided for in development agreements shall be subject to the limits and exceptions provided for in Measure B.
Requests for multi-year allocations of residential development allotments shall be filed at the same time as the application for a development agreement and shall contain the following additional information and data:
A.
The total number of allotments requested in each calendar year; and
B.
A statement of the reasons why the applicant is requesting a multi-year allocation of residential development allotments in the proposed development agreement; and
C.
A statement of the unique benefits, if any, which the developer believes will inure to the benefit of the City and its residents by reason of the City's willingness to enter into the development agreement; and
D.
Any terms and conditions which the applicant desires to be included in the development agreement; and
E.
An offer to reimburse the City for its reasonable expenses incurred in preparing and processing the development agreement.
The allocation of residential development allotments in the development agreement shall be made as part of the approval of such agreements and in the same manner as is provided for by the provisions of the State Planning and Zoning Law and adopted policies of the City which apply to the City's approval of development agreements.
(Ord. 24-002 § 5 (Exh. A))
§ 18.14.190 Reallocation of terminated allotments.
Any residential development allotment that is terminated for any reason shall return to the allotment pool and may thereafter be reallocated either in the annual allocation process or by development agreement.
(Ord. 24-002 § 5 (Exh. A))
§ 18.14.200 Allocation of residential development allotments for affordable housing projects.
Any residential development allotment which remains unallocated after five (5) years may be used solely for affordable housing. The use of such allotments shall be determined by the City Council on a case-by-case basis and shall not be subject to either the annual or five (5) year allotment limitation.
(Ord. 24-002 § 5 (Exh. A))
§ 18.14.210 Residential development allotments run with land.
All residential development allotments, when approved by the City Council, shall run with the residential development project and the lot or parcel of land for which the residential development allotment was issued. Except as provided in this section, residential development allotments shall not be transferable by a developer except as an incident to the transfer of undivided fee title to such land to another person. Any attempt to transfer a residential development allotment except as an incident to the transfer of fee title to the land for which the residential development allotment was issued shall be null and void and shall, without further action of the City Council, constitute a termination of the residential development allotment which was the subject of the purported transfer. Allocated residential development allotments may only be used for the residential development project for which the residential development allotment was issued.
Notwithstanding the foregoing, the City Council may permit a residential development allotment granted to a developer for a specified lot or parcel to be used for a different residential development project on that same lot or parcel if the new residential development project has been reviewed by the Planning Commission and expressly approved by the City Council.
(Ord. 24-002 § 5 (Exh. A))
§ 18.14.220 Guidelines and procedures.
The City Council may, by resolution, approve procedures and guidelines to be followed by the Director and applicants in the implementing of the provisions of this chapter.
(Ord. 24-002 § 5 (Exh. A))
§ 18.14.230 Severability.
If any section, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have enacted this chapter and each section, sentence, clause or phrase thereof, irrespective of the fact that any one (1) or more sections, sentences, clauses or phrases be declared invalid or unconstitutional.
(Ord. 24-002 § 5 (Exh. A))
§ 18.14.240 Conflicting provisions.
The provisions of this chapter shall prevail over any and all conflicting provisions found in the ordinances, resolutions, plans and policies of the City which have heretofore been adopted by the City Council for purposes of implementing Measure B and shall prevail over any conflicting provisions of Measure B itself.
(Ord. 24-002 § 5 (Exh. A))
§ 18.14.250 Appeals.
Actions of a final nature which are taken by the Director or City Manager which are made subject to appeal under the provisions of this chapter shall be subject to appeal as provided in this section.
The developer or any other persons authorized by this chapter to do so may file an appeal if an appeal is authorized by the provisions of this chapter. The amount of fees for the filing of any such appeal shall be fixed by resolution of the Council, which fees shall not exceed the reasonable costs to the City of processing and hearing such an appeal.
The appeal must be filed with the City Clerk not later than ten (10) calendar days following the date of the action from which the appeal is taken. If this chapter requires that notice of said action be given, then the appeal must be filed with the City Clerk not later than ten (10) calendar days following the date that notice of said action has been given as required by this chapter, or within ninety (90) days following the date of the action, whichever first occurs.
The City Clerk shall prescribe and provide the appellant the form which shall be used by the appellant in filing any such appeal. The City Clerk shall give the appellant written notice of the date of the appeal hearing before the City Council not later than five (5) days from the date of said hearing.
All appeals from an appealable action of the Director or City Manager shall be heard by the Council as soon as practicable, but in no event later than thirty (30) days from the date of the filing of the appeal with the City Clerk. The City Council shall consider any relevant written and oral evidence presented to it concerning the subject of the appeal and shall render its decision not later than twenty-one (21) days following the date of the conclusion of its hearing on the appeal.
(Ord. 24-002 § 5 (Exh. A))
§ 18.15.010 Purpose.
This chapter is intended to permit the use of lots, continuation of uses, and continued occupancy and maintenance of structures that were legally established but do not comply with all of the standards and requirements of this code in a manner that does not conflict with the General Plan or impact public health, safety, or general welfare. To that end, this chapter establishes the circumstances under which a nonconforming lot, use, or structure may be continued or changed and provides for the removal of nonconforming uses and structures when their continuation conflicts with the General Plan and public health, safety, and general welfare.
(Ord. 24-002 § 5 (Exh. A))
§ 18.15.020 Applicability.
The provisions of this chapter apply to structures, lots, and uses that have become nonconforming by adoption of this code as well as structures, lots, and uses that become nonconforming due to subsequent amendments to this code or to the zoning map.
(Ord. 24-002 § 5 (Exh. A))
§ 18.15.030 General provisions.
A.
Nonconformities, Generally. Any lawfully established use, structure, or lot that is in existence on the effective date of this code or any subsequent amendment but does not comply with all of the standards and requirements of this code shall be considered nonconforming.
B.
Right to Continue. Any use or structure that was lawfully established prior to the effective date of this code or of any subsequent amendments to its text or to the zoning map may only be continued and maintained provided there is no alteration, enlargement, addition, or other change to any building or structure; no substitution, expansion, or other change including an increase in occupant load or any enlargement of the area, space, or volume occupied by or devoted to such use, except as otherwise provided in this chapter.
1.
The right to continue a nonconforming use or structure shall attach to the land and shall not be affected by a change in ownership.
2.
The right to continue a nonconforming use or structure shall not apply to uses or structures deemed to be a public nuisance because of health or safety conditions.
(Ord. 24-002 § 5 (Exh. A))
§ 18.15.040 Nonconforming lots.
Any lot that is smaller than the minimum lot size required by this code or does not meet the applicable dimensional requirements shall be considered a lawful nonconforming lot if it is shown on a duly recorded subdivision map or if a certificate of compliance has been issued for the lot.
A.
A nonconforming lot may be used as a building site subject to compliance with all applicable requirements, unless a variance or other waiver, modification, or exception is approved as provided for in this code.
B.
A nonconforming lot shall not be further reduced in area, width, or depth, unless such reduction is allowed pursuant to a provision of the municipal code, required as part of a public improvement, or otherwise specifically allowed pursuant to State law.
C.
Nonconforming contiguous lots held by the same owner shall be involuntarily merged if one (1) or more of the lots does not conform to the minimum lot size in compliance with Cal. Gov't Code § 66451.11.
(Ord. 24-002 § 5 (Exh. A))
§ 18.15.050 Maintenance of and alterations and additions to nonconforming structures.
Lawful nonconforming structures may be continued and maintained in compliance with the requirements of this section unless deemed by the Building Official to be a public nuisance because of health or safety conditions.
A.
Maintenance and Repairs. Structural and nonstructural maintenance, repair, and interior alterations to a nonconforming structure are permitted if the changes and improvements do not enlarge the structure, change the building footprint, or increase building height.
B.
Alterations and Additions. Alterations and additions to nonconforming structures are allowed if the alteration or addition complies with all applicable laws and requirements of this code, the use of the property is conforming, and there is no increase in the discrepancy between existing conditions and the requirements of this code (i.e., there is no increase in the nonconformity).
(Ord. 24-002 § 5 (Exh. A))
§ 18.15.060 Repair and replacement of damaged or destroyed nonconforming structures.
A nonconforming structure that is damaged or partially destroyed by fire, explosion, earthquake, or natural disaster which is not caused by an act or deliberate omission of a property owner, their agent, or person acting on their behalf or in concert with, may be restored or rebuilt subject to the following provisions:
A.
Restoration When Damage is Fifty Percent (50%) or Less of Value. If the cost of repair or reconstruction is less than or equal to fifty percent (50%) of its replacement value immediately prior to such damage, as established by a certified appraiser, replacement of the damaged portions of the structure is allowed by right; provided, that the replaced portions are the same size, extent, and configuration as previously existed and the use, whether conforming or nonconforming, may be resumed.
B.
Restoration When Damage Exceeds Fifty Percent (50%) of Value. If the cost of repair or reconstruction exceeds fifty percent (50%) of its replacement value immediately prior to such damage, as established by a certified appraiser, the land and building shall be subject to all of the requirements of this code, except as provided below.
1.
Nonresidential Uses and Structures. Any nonconforming use must permanently cease and the structure shall be restored and used only in compliance with the requirements of this code.
2.
Residential Uses and Structures. Nonconforming residential uses may be reconstructed, restored, or rebuilt up to the size and number of dwelling units prior to the damage and the nonconforming use, if any, may be resumed provided the rebuilt development complies with all current design and property development standards.
a.
Timing. Building permits must be obtained within one (1) year of the date of the damage or destruction and construction shall start within one hundred eighty (180) days and diligently pursued to completion unless another time period is specified through conditional use permit approval.
(Ord. 24-002 § 5 (Exh. A))
§ 18.15.070 Expansions, changes, and substitutions of nonconforming uses.
Nonconforming uses shall not be expanded, moved, or changed except as provided below.
A.
Change in Tenancy, Ownership, or Management. Any nonconforming use may change ownership, tenancy, or management where the new use is of the same use classification as the previous use, as defined in Chapter 18.34 DMC, Use Classifications.
B.
Change From Nonconforming to Permitted Use. Any nonconforming use may be changed to a use that is allowed by right in the zoning district in which it is located and complies with all applicable standards for such use. Once a nonconforming use has been changed, it shall not be reestablished.
C.
Absence of Permit. Any use that is nonconforming solely by reason of the absence of a permit or approval may be changed to a conforming use by obtaining the appropriate permit or approval.
D.
Nonconforming Uses in Damaged or Destroyed Structures.
1.
Nonconforming Uses in Nonconforming Structures. Where a nonconforming use is located within a nonconforming structure and the nonconforming structure is damaged or destroyed, the nonconforming use may only be resumed as allowed pursuant to DMC § 18.15.060, Repair and replacement of damaged or destroyed nonconforming structures.
2.
Nonconforming Uses in Conforming Structures. Where a nonconforming use is located within a conforming structure and the conforming structure is damaged or destroyed, the nonconforming use may only be resumed as follows:
a.
When Structure Damage is Fifty Percent (50%) or Less of Value. If the cost of repair or reconstruction of the structure is less than or equal to fifty percent (50%) of its replacement value immediately prior to such damage, as established by a certified appraiser, the nonconforming use may be resumed.
b.
When Structure Damage Exceeds Fifty Percent (50%) of Value. If the cost of repair or reconstruction of the structure exceeds fifty percent (50%) of its replacement value immediately prior to such damage, as established by a certified appraiser, any nonconforming residential use may be resumed up to the same number of dwelling units prior to the damage. Any nonconforming nonresidential use must permanently cease.
(Ord. 24-002 § 5 (Exh. A))
§ 18.15.080 Abandonment of nonconforming uses.
No nonconforming use may be resumed, reestablished, reopened or replaced by any other nonconforming use after it has been abandoned or vacated for a period of six (6) months. The six (6) month period shall commence when the use ceases and any one (1) of the following occurs:
A.
The site is vacated;
B.
The business license lapses;
C.
Utilities are terminated; or
D.
The lease is terminated.
(Ord. 24-002 § 5 (Exh. A))
§ 18.16.010 Purpose.
The purposes of the parking and loading regulations are to:
A.
Ensure that adequate off-street parking and loading facilities are provided for new land uses and major alterations to existing uses;
B.
Minimize the negative environmental and design impacts that can result from parking and loading areas;
C.
Ensure that adequate bicycle parking facilities are provided;
D.
Establish standards and regulations for safe and well-designed parking, unloading, and vehicle circulation areas that minimize conflicts between pedestrian and vehicles within parking lots and, where appropriate, create buffers from surrounding land uses; and
E.
Offer flexible means of minimizing the amount of area devoted to parking by allowing reductions in the number of required spaces in situations expected to have lower vehicle parking demand.
(Ord. 24-002 § 5 (Exh. A))
§ 18.16.020 Applicability.
The requirements of this chapter apply to the establishment, alteration, expansion, or change in any use or structure, as provided in this section.
A.
New Buildings and Land Uses. Parking and loading in accordance with this chapter shall be provided at the time any main building or structure is erected or any new land use is established.
B.
Existing Buildings and Land Uses.
1.
Change of Use of Existing Buildings. When a new use is established in an existing building, parking shall be provided as follows:
a.
DMX District. No additional parking is required for a change of use in the DMX District provided the building square footage on site is not increased by more than five hundred (500) square feet.
b.
Districts Other Than DMX. In all districts other than the DMX district, additional on-site parking and loading shall be provided when a change in use creates an increase of ten percent (10%) or more in the number of required on-site parking or loading spaces. Additional on-site parking and loading shall be provided for the change in use and not for the entire building or site.
2.
Additions or Expansions of Existing Buildings. When an addition or expansion of floor area creates an increase of ten percent (10%) or more in the number of required on-site parking or loading spaces, additional on-site parking and loading shall be provided for the increased square footage and not for the entire building or site.
3.
Existing parking and loading that is not in excess of the required spaces shall be maintained.
4.
A change in occupancy is not considered a change in use unless the new occupant is in a different use classification, as defined in Chapter 18.34 DMC, Use Classifications, than the former occupant.
5.
Additional parking and loading spaces are not required for the reconstruction of an existing building when there is no increase in floor area.
C.
When Constructed. Parking and loading facilities required by this chapter shall be constructed or installed prior to the issuance of a certificate of occupancy for the uses that they serve.
(Ord. 24-002 § 5 (Exh. A))
§ 18.16.030 General provisions.
A.
Existing Parking and Loading to Be Maintained. No existing parking and/or loading serving any use may be reduced in amount or changed in design, location or maintenance below the requirements for such use, unless equivalent substitute facilities are provided. This provision does not apply to stalls converted to accommodate ADA parking.
B.
Nonconforming Parking or Loading. An existing use of land or structure shall not be deemed to be nonconforming solely because of a lack of parking and/or loading facilities required by this chapter; provided, that facilities used for parking and/or loading as of the date of adoption of this code are not reduced in number to less than what this chapter requires.
C.
Accessibility. Parking and loading areas must be accessible for its intended purpose during all hours of operation.
(Ord. 24-002 § 5 (Exh. A))
§ 18.16.040 Required parking spaces.
A.
Minimum Number of Spaces Required. Each land use shall be provided at least the number of parking spaces stated in Table 18.16.040: Required Number of Parking Spaces. The parking requirement for any use not listed in Table 18.16.040 shall be determined by the Director based upon the requirements for the most similar comparable use, the particular characteristics of the proposed use, and any other relevant data regarding parking demand.
TABLE 18.16.040: REQUIRED NUMBER OF PARKING SPACES | |
|---|---|
Land Use Classification | Required Parking Spaces |
Residential Uses | As specified for each land use classification below |
Residential Dwelling Unit | See requirements below for Residential Dwelling Units in the DMX District and in Districts Other Than DMX |
DMX District | • Studio and 1-bedroom units: 1 space/unit • 2 or more bedroom units: 1.5 spaces/unit |
Districts Other Than DMX | • Studio units: 1 covered space/unit • 1-bedroom units: 1.5 spaces/unit, of which at least 1 space shall be covered • 2 or more bedroom units: 2 covered spaces/unit • Guest spaces: 1 per 5 units |
Accessory Dwelling Unit | See DMC § 18.19.040, Accessory dwelling units |
Caretaker Unit | 1 per unit |
Family Day Care | See requirements below for small and large family day care |
Small | None beyond what is required for the residential unit type |
Large | 1 for each nonresident employee plus parking required for the residential use |
Group Residential | 1 space per bedroom |
Mobile Home Park | 2 spaces per unit, of which at least 1 space shall be covered |
Residential Care Facilities | See requirements below for small and large residential care facilities |
Small | None beyond what is required for the residential housing type |
Large | 1 for every 3 beds |
Residential Facility, Assisted Living | 1 for every 3 beds |
Single Room Occupancy | 1 space/unit plus 1 guest space per 5 units |
Supportive Housing | None beyond what is required for the residential unit type |
Transitional Housing | None beyond what is required for the residential unit type |
Public/Semi-Public Uses | DMX District: No minimum required Districts Other Than DMX: 1 per 300 square feet of floor area except as specified below |
Community Assembly | 1 for each 8 permanent seats or 1 for every 84 square feet of assembly area where no seats or where temporary or moveable seats are provided |
Community Garden | None |
Emergency Shelter | 1 for every employee |
Hospitals | 1 for every 3 beds |
Low Barrier Navigation Center | 1 for every 3 beds |
Skilled Nursing Facility | 1 for every 3 beds |
Park and Recreation Facilities | As determined by the Director or parking study |
Parking Lots and Structures | None |
Recreational Vehicle Parks and Campgrounds | 1 for each camping or RV site plus one common space for each 5 sites |
Schools, Private | 1 for every 3 employees |
Commercial Uses | DMX District: No minimum required Districts Other Than DMX: 1 per 300 square feet of floor area plus 1 per 2,000 square feet of outdoor display and storage area except as specified below |
Commercial Entertainment and Recreation | 1 for every 150 square feet plus 2 additional spaces per outdoor athletic court |
Convention Facility | 1 for each 8 permanent seats or 1 for every 84 square feet of assembly area where no seats or where temporary or moveable seats are provided |
Drive-Through Facility | Parking for the primary use according to the parking requirements for the specific use plus 8 queuing spaces per service window or as determined by the Planning Commission. Each queue space shall be at least 22 feet in length and shall be located separately from the internal driveways or other driveways serving other parking lots |
Eating and Drinking Establishments | 1 for every 140 square feet |
Farmers' Markets | None |
Lodging | 1 for each guest unit Additional parking required for ancillary uses, such as restaurants, according to the parking requirements for the ancillary use |
Market Garden | None |
Smoking Lounge | 1 for every 140 square feet |
Industrial Uses | DMX District: No minimum required Districts Other Than DMX: 1 per 300 square feet of office floor area plus 1 per 5,000 square feet of other indoor area and any outdoor use area |
Personal Storage | As determined by the Director or parking study |
Transportation, Communication, and Utility Uses | DMX District: No minimum required Districts Other Than DMX: 1 per 300 square feet of office floor area plus 1 for every fleet vehicle |
B.
Calculation of Required Spaces. The number of required parking spaces shall be calculated according to the following rules:
1.
Floor Area. Where a parking or loading requirement is stated as a ratio of parking spaces to floor area, the floor area is assumed to be total floor area, unless otherwise stated. See DMC § 18.02.030(E), Determining Floor Area.
2.
Employees. Where a parking or loading requirement is stated as a ratio of parking spaces to employees, the number of employees shall be based on the largest shift that occurs in a typical week.
3.
Bedrooms. Where a parking requirement is stated as a ratio of parking spaces to bedrooms, any room meeting the standards of the building code as a sleeping room shall be counted as a bedroom.
4.
Seats. Where parking requirements are stated as a ratio of parking spaces to seats, each eighty (80) inches of bench-type seating at maximum seating capacity is counted as one (1) seat.
(Ord. 24-002 § 5 (Exh. A))
§ 18.16.050 Parking reductions.
The number of parking spaces required by DMC § 18.16.040, Required parking spaces, may be reduced as follows:
A.
Motorcycle Parking. Motorcycle parking may substitute for up to five percent (5%) of required automobile parking. Each motorcycle space must be at least four (4) feet wide and seven (7) feet deep.
B.
Shared Parking. Where a shared parking facility serving more than one (1) use will be provided, the total number of required parking spaces may be reduced with approval of an administrative use permit, if the review authority finds that:
1.
The peak hours of use will not overlap or coincide to the degree that peak demand for parking spaces from all uses will be greater than the total supply of spaces;
2.
The proposed number of parking spaces to be provided will be adequate to serve each use; and
3.
In the case of a shared parking facility that serves more than one (1) property, a parking agreement has been prepared consistent with the provisions of DMC § 18.16.070(B)(1), Allowance for Off-Site Parking.
C.
Other Parking Reductions. Required parking for any use may be reduced through approval of an administrative use permit as follows:
1.
Criteria for Approval. The review authority may only approve an administrative use permit for reduced parking if it finds that:
a.
Special conditions – including, but not limited to, the nature of the proposed operation; proximity to frequent transit service; transportation characteristics of persons residing, working, or visiting at the site; or because the applicant has undertaken a transportation demand management program – exist that will reduce parking demand at the site; and
b.
The use will adequately be served by the proposed parking.
2.
Parking Demand Study. In order to evaluate a proposed project's compliance with the above criteria, submittal of a parking demand study by a licensed traffic engineer that substantiates the basis for granting a reduced number of spaces may be required.
(Ord. 24-002 § 5 (Exh. A))
§ 18.16.060 Municipal parking assessment district.
Parking requirements of this chapter may be satisfied within an area heretofore designated under a plan or plans and approved by the City Council by participation in a municipal parking assessment district formed under provisions of California legislation.
(Ord. 24-002 § 5 (Exh. A))
§ 18.16.070 Location of required parking.
A.
Front and Street Side Setbacks. Parking spaces required pursuant to this chapter shall not be located within a required front or street side setback.
B.
On-Site Parking Required. Required parking shall be located on the same lot as the use it serves except as allowed below.
1.
Allowance for Off-Site Parking. Required parking may be located off site provided the off-site parking facility is located within five hundred (500) feet of the principal entrance containing the use for which the parking is required, along a pedestrian route, and a written agreement as provided below is provided by the applicant.
a.
Parking Agreement. A written agreement between the owner of the parking facility and the applicant shall be provided in a form acceptable to the City that provides, at a minimum, a guarantee that the spaces to be provided will be maintained and reserved for the uses served for as long as such uses are in operation.
(Ord. 24-002 § 5 (Exh. A))
§ 18.16.080 Front yard parking restrictions in the RL district.
A.
Construction equipment, including but not limited to tractors, backhoes, Bobcats, dump trucks and forklifts, and farm equipment, shall not be parked in the front yard in an RL district, except for such construction equipment as is necessary as a result of active construction occurring on that property.
B.
All vehicles (including without limitation automobiles, trucks, recreational vehicles, campers, trailers, or motorcycles), boats, or snowmobiles that are parked in the front yard in an RL district shall comply with the following standards:
1.
Access. Vehicles shall be parked in an area accessed through a curb cut approved and constructed for vehicle access to the subject property.
2.
Visibility at Driveways on Neighboring Property. Vehicles shall not be parked within five (5) feet of the point of intersection of a side property line and the back of sidewalk or back of curb where there is no sidewalk.
3.
Surfacing. Vehicles shall be parked on a paved surface or on an unpaved surface, such as gravel, which complies with City standards regarding materials, placement and compaction.
 FIGURE 18.16.080: RL DISTRICT PARKING |
(Ord. 24-002 § 5 (Exh. A))
§ 18.16.090 Bicycle parking.
A.
Short-Term Bicycle Parking. Short-term bicycle parking intended to serve shoppers, customers, messengers, guests and other visitors to a site who generally stay for a short time shall be provided as specified below.
1.
Parking Spaces Required. Every parking lot containing ten (10) or more automobile parking spaces shall provide short-term bicycle parking spaces at a rate of twenty percent (20%) of the total number of automobile parking spaces.
2.
Location.
a.
Short-term bicycle parking shall be located within fifty (50) feet of a main entrance to the building it serves.
b.
Where the bicycle parking area is not visible from the main entrance of the building, signs located at the main entrance of the building shall identify the location of bicycle parking.
3.
Anchoring and Security. For each short-term bicycle parking space required, a stationary, securely anchored object shall be provided to which a bicycle frame and one (1) wheel (two (2) points of contact) can be secured with a high-security U-shaped shackle lock if both wheels are left on the bicycle. One (1) such object may serve multiple bicycle parking spaces.
4.
Size and Accessibility. Each short-term bicycle parking space shall be a minimum of two (2) feet in width and six (6) feet in length and shall be accessible without moving another bicycle. Two (2) feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, pedestrian ways, and vehicle parking spaces.
 FIGURE 18.16.090.A: SHORT-TERM BICYCLE PARKING |
B.
Long-Term Bicycle Parking. Long-term bicycle parking shall be provided in order to serve employees, students, residents, commuters, and others who generally stay at a site for four (4) hours or longer.
1.
Parking Spaces Required.
a.
Residential Uses. A minimum of one (1) long-term bicycle parking space shall be provided for every five (5) units for multi-unit residential and group residential development.
b.
Other Uses. Any establishment with twenty-five (25) or more full time equivalent employees shall provide long-term bicycle parking at a minimum ratio of one (1) space per thirty (30) vehicle spaces.
2.
Location. Long-term bicycle parking must be located on the same lot as the use it serves.
3.
Covered Spaces. At least fifty percent (50%) of required long-term bicycle parking must be covered. Covered parking can be provided inside buildings, under roof overhangs or awnings, in bicycle lockers, or within or under other structures.
4.
Security. Long-term bicycle parking must be in:
a.
An enclosed bicycle locker;
b.
A fenced, covered, and locked or guarded bicycle storage area;
c.
A rack or stand inside a building that is within view of an attendant or security guard or visible from employee work areas or within secure/restricted bicycle storage room; or
d.
Other secure area approved by the Director.
5.
Size and Accessibility. Each bicycle parking space shall be a minimum of two (2) feet in width and six (6) feet in length and shall be accessible without moving another bicycle. Two (2) feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, pedestrian ways, and vehicle parking spaces.
C.
Bicycle Parking Reductions and Modifications. A modification for a reduction in the number of required bicycle parking spaces or to other standards of this section may be granted pursuant to Chapter 18.26 DMC, Modifications, if the review authority finds that:
1.
Adequate site space is not available on an existing development to provide bicycle parking; or
2.
Reduced bicycle parking is justified by reasonably anticipated demand; or
3.
Other criteria based on unusual or specific circumstances of the particular case as deemed appropriate by the review authority.
(Ord. 24-002 § 5 (Exh. A))
§ 18.16.100 Loading.
All uses requiring the receipt or distribution by vehicles or trucks of material or merchandise shall provide off-street loading and unloading areas to handle the volume of truck traffic and loading requirements.
A.
Nonresidential Buildings. Every new nonresidential building and every nonresidential building enlarged by more than ten thousand (10,000) square feet of floor area that is to be occupied by a use requiring the receipt or distribution by vehicles or trucks of material or merchandise shall provide off-street loading and unloading areas as stated in Table 18.16.100: Required Loading Spaces.
TABLE 18.16.100: REQUIRED LOADING SPACES | |
|---|---|
Floor Area | Required Loading Spaces |
0 – 9,999 | 0 |
10,000 – 19,999 | 1 |
20,000 – 29,999 | 2 |
30,000 – 49,999 | 3 |
50,000 – 75,000 | 4 |
75,001+ | 4 plus 1 per each additional 25,000 over 75,001 |
1.
Multi-Tenant Buildings. The floor area of the entire building shall be used in determining spaces for multi-tenant buildings. A common loading area may be required, if each tenant space is not provided a loading area. Drive-in roll-up doors for multi-tenant industrial projects may be substituted for required loading areas.
2.
Reduction in Number of Loading Spaces Required. The loading space requirement may be waived if the Director finds that the applicant has satisfactorily demonstrated that due to the nature of the proposed use and/or location, such loading space will not be needed or is not practical.
3.
Additional Loading Spaces Required. The required number of loading spaces may be increased to ensure that trucks will not be loaded, unloaded, or stored on public streets. Such requirement shall be based on the anticipated frequency of truck pickups and deliveries and of the truck storage requirements of the use for which the on-site loading spaces are required.
B.
Design and Development of Loading Areas. All loading areas shall be designed and developed consistent with adopted City standards and the following standards:
1.
Location. All required loading areas shall be located on the same site as the use served. Loading areas shall not be located within the required front setback.
2.
Screening. Loading areas shall be screened from public view by building walls, or a uniformly solid fence or wall, or any combination thereof, not less than six (6) feet in height.
3.
Minimum Size. Each on-site loading space required by this chapter shall not be less than twelve (12) feet wide, forty-five (45) feet long, and fourteen (14) feet high, exclusive of driveways for ingress and egress and maneuvering areas. The minimum size requirement may be modified if the Director finds that the applicant has satisfactorily demonstrated that due to the nature of the proposed use, such size will not be needed.
4.
Driveways for Ingress and Egress and Maneuvering Areas. Each loading berth shall be accessible from a street or alley.
5.
Entrances and Exits. Entrances and exits shall be provided at locations approved by the Director of Public Works.
6.
Surfacing. All loading areas shall be paved to provide a durable, dustless surface, and shall be graded and drained to allow disposal of surface water.
(Ord. 24-002 § 5 (Exh. A))
§ 18.16.110 Parking area design standards.
All parking areas shall be designed and developed consistent with adopted City standards and the following standards:
A.
Tandem Parking. Tandem parking may be permitted to satisfy parking requirements in accordance with the following:
1.
No more than two (2) vehicles shall be placed one (1) behind the other.
2.
Both spaces shall be assigned to a single dwelling unit or nonresidential establishment.
3.
Tandem parking to meet required parking for multi-unit residential development shall be located within an enclosed structure.
4.
Tandem parking shall not be used to meet the guest parking requirement.
B.
Parking Access. Parking access areas shall be designed to ensure vehicular access to parking spaces as determined by the Public Works Director.
C.
Size and Dimensions of Parking Spaces and Drive Aisles. Parking spaces located in a garage or carport shall not be less than ten (10) feet in width and twenty (20) feet in length. All other parking spaces shall have minimum dimensions as indicated in Table 18.16.110.C: Minimum Parking Space and Drive Aisle Dimensions.
1.
Compact Car Parking Spaces. In any parking lot with over thirty (30) spaces, up to thirty percent (30%) of the required number of off-street parking spaces may be compact car size.
TABLE 18.16.110.C: MINIMUM PARKING SPACE AND DRIVE AISLE DIMENSIONS | ||||||
|---|---|---|---|---|---|---|
Angle of Parking | Stall Width | Stall Length | Aisle Width | |||
Regular | Compact | Regular | Compact | One-Way | Two-Way | |
Parallel | 10 ft | 8 ft | 24 ft | 18 ft | 12 ft | 25 ft |
30° | 10 ft | 8 ft | 20 ft | 16 ft | 14 ft | 25 ft |
45° | 10 ft | 8 ft | 20 ft | 16 ft | 16 ft | 25 ft |
60° | 10 ft | 8 ft | 20 ft | 16 ft | 18 ft | 25 ft |
90° | 10 ft | 8 ft | 20 ft | 16 ft | 20 ft | 25 ft |
 FIGURE 18.16.110.C: PARKING DIMENSIONS |
D.
Carpool, Vanpool, and Alternate Fuel Vehicle Parking. In nonresidential development which requires more than one hundred (100) parking spaces, a minimum of five percent (5%) of the total spaces shall be posted as reserved spaces in preferred locations (shortest pedestrian route after accessible parking spaces) for carpools, vanpools, and alternate fuel vehicles to encourage use of these modes of transportation.
E.
Bumper Rails. Bumper rails shall be provided where needed for safety or to protect property.
1.
A six (6) inch high concrete curb surrounding a landscape area at least six (6) feet wide may be used as a bumper rail; provided, that the overhang does not exceed two (2) feet and will not damage or interfere with plant growth or its irrigation.
2.
A concrete sidewalk may be used as a bumper rail if the vehicle overhang does not exceed two (2) feet and the walkway maintains the minimum width required by ADA or other provision of this code.
3.
An overhang provided pursuant to subsections (E)(1) and (E)(2) of this section may count toward the stall length dimension of the parking space.
F.
Surfacing. The parking area, aisles, and access drives shall be paved to provide a durable, dustless surface, and shall be graded and drained to allow disposal of surface water.
1.
Landscaping Alternative. Up to two (2) feet of the front of a parking space as measured from a line parallel to the direction of the bumper of a vehicle using the space may be landscaped with ground cover plants instead of paving.
G.
Perimeter Curbing. Parking areas designed to accommodate six (6) or more vehicles shall provide a six (6) inch wide and six (6) inch high concrete curb along the outer edge of the parking facility pavement, except where said pavement abuts a fence or wall. Curbs separating landscaped areas from parking areas shall be designed to allow storm water runoff to pass through.
H.
Shading. Parking areas designed to accommodate six (6) or more vehicles shall provide shading for a minimum of forty percent (40%) of the parking areas. Shade may be provided by structures (such as solar canopies or carports), trees, or other equivalent mechanism. If shade is provided by trees, sufficient trees shall be planted so that, upon those trees reaching fifteen (15) years of age, the stalls and backup areas are at least forty percent (40%) shaded on June 22nd of each year when the sun is directly overhead.
I.
Lighting. Parking lot lighting shall be required for areas designed to accommodate six (6) or more vehicles, providing a minimum of one-half (0.5) foot-candle and a maximum of three (3) foot-candles of light during the hours of use from one-half (0.5) hour before dusk until one-half (0.5) hour after dawn.
1.
The height of lighting fixtures shall not exceed thirty (30) feet.
2.
Light standards shall be mounted on reinforced concrete pedestals or otherwise protected from damage from automobiles.
3.
All lighting used to illuminate an off-street parking or loading area shall be designed to direct light and glare away from any adjoining lots, residential areas, and public streets.
4.
Lighting design shall be coordinated with the landscape plan to ensure that vegetation will not substantially impair the intended illumination.
J.
Parking Area Landscaping. Parking areas designed to accommodate six (6) or more vehicles must be landscaped according to the general standards of Chapter 18.13 DMC, Landscaping, as well as the standards of this subsection.
1.
Landscape Area Required. A minimum of five percent (5%) of uncovered parking lot area (i.e., not under a solar canopy or other cover) shall be landscaped.
2.
Minimum Planter Dimension. No landscape area smaller than four (4) feet in any horizontal dimension, excluding curbing, shall count toward required landscaping.
3.
Layout. Landscaped areas shall be well-distributed throughout the parking lot area. Parking lot landscaping may be provided in any combination of:
a.
Landscaped planting strips at least four (4) feet wide between rows of parking stalls;
b.
Landscaped planting strips between parking areas and adjacent buildings or internal pedestrian walkways;
c.
Landscaped islands located between parking stalls or at the ends of rows of parking stalls; and
d.
On-site landscaping at the parking lot perimeter.
4.
Required Landscaped Islands. A landscaped island at least four (4) feet in all interior dimensions and containing at least one (1) fifteen (15) gallon tree shall be provided at each end of each row of uncovered parking stalls and a minimum of one (1) landscaped island every forty (40) feet of an uncovered parking stall row.
5.
Landscaped Buffer Adjacent to Right-of-Way. A landscaped area at least five (5) feet wide shall be provided between any surface parking area and any property line adjacent to a public street.
a.
Where the parking area is located across the street from a residential district, the landscaped area shall contain shrubs or fencing a minimum of thirty (30) inches high.
6.
Landscaped Buffer Abutting Interior Lot Line.
a.
Residential Districts. In residential districts, a landscaped area at least five (5) feet wide shall be provided between any surface parking area containing six (6) or more required parking spaces and any adjacent lot for the length of the parking area.
b.
Other Districts. In all districts other than residential districts, a landscaped area at least three (3) feet wide shall be provided between any surface parking area and any adjacent lot for the length of the parking area except where abutting a residential district boundary, the landscaped area shall be at least five (5) feet wide for the length of the parking area.
7.
Protection of Vegetation.
a.
Clearance From Vehicles. All required landscaped areas shall be designed so that plant materials, at maturity, are protected from vehicle damage by providing a minimum two (2) foot clearance of low-growing plants where a vehicle overhang is permitted, or by wheel stops set a minimum of two (2) feet from the back of the curb.
b.
Planters. All required parking lot landscaping shall be within planters bounded by a concrete curb at least six (6) inches wide and six (6) inches high. Curbs separating landscaped areas from parking areas shall be designed to allow storm water runoff to pass through.
8.
Visibility and Clearance. Parking area landscaping shall comply with DMC § 18.11.110, Visibility at intersections and driveways.
a.
Landscaping in planters at the end of parking aisles shall not obstruct driver's vision of vehicular and pedestrian cross-traffic.
 FIGURE 18.16.110.J: PARKING LOT LANDSCAPING |
 FIGURE 18.16.110.J.7: CLEARANCE FROM VEHICLES |
K.
Alternative Parking Area Designs. Alternative parking area designs may be approved with a modification pursuant to Chapter 18.26 DMC, Modifications, where the review authority finds that variations in the requirements of this section are warranted to achieve environmental design and green building objectives, including but not limited to achieving certification under the LEED Green Building Rating System or equivalent.
L.
Maintenance. Parking lots, including landscaped areas, driveways, and loading areas, shall be maintained free of refuse, debris, or other accumulated matter and shall always be kept in good repair.
(Ord. 24-002 § 5 (Exh. A))
§ 18.17.010 Purpose.
The purposes of this chapter are to:
A.
Establish permissible limits and permit objective measurement of nuisances, hazards, and objectionable conditions;
B.
Ensure that all uses will provide necessary control measures to protect the community from nuisances, hazards, and objectionable conditions; and
C.
Protect industry from arbitrary exclusion from areas of the City.
(Ord. 24-002 § 5 (Exh. A))
§ 18.17.020 Applicability.
The minimum requirements in this chapter apply to all land uses in all districts except the following uses and activities are exempt from compliance with the requirements of this chapter:
A.
Legal nonconforming uses, which have an established right not to comply with the provisions of this chapter.
B.
Temporary events with approved temporary use permits or other required permits, where such activities otherwise comply with other applicable provisions of this code and the Dixon Municipal Code.
C.
Any emergency activity on the part of the City or a private party.
D.
Temporary construction activity where such activity is explicitly regulated by and in conformance with other regulations of the municipal code.
E.
Other uses and activities as otherwise specified in this code.
(Ord. 24-002 § 5 (Exh. A))
§ 18.17.030 General standard.
No land or building in any zoning district shall be occupied or used in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness, electrical or other disturbance; glare; liquid or solid refuse or wastes; or other substance, condition or element in such a manner or amount as to adversely affect the surrounding area or adjoining premises; the foregoing are referred to as "dangerous or objectionable elements"; provided, that any use permitted or not expressly prohibited by this chapter may be undertaken and maintained if it conforms to the regulations of this chapter limiting dangerous and objectionable elements at the point of the determination of their existence.
(Ord. 24-002 § 5 (Exh. A))
§ 18.17.040 Measurement of impacts.
Unless otherwise stated, measurements necessary for determining compliance with the standards of this chapter shall be taken at the lot line of the establishment or use that is the source of a potentially objectionable condition, hazard, or nuisance.
(Ord. 24-002 § 5 (Exh. A))
§ 18.17.050 Air contaminants.
All uses shall comply with the current regulations of the Yolo-Solano Air Quality Management District with respect to odor, smoke, fly ash, dust, fumes, vapors, gases and other forms of air pollution.
(Ord. 24-002 § 5 (Exh. A))
§ 18.17.060 Radioactivity or electric disturbance.
No activities shall be permitted which emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.
(Ord. 24-002 § 5 (Exh. A))
§ 18.17.070 Fire and explosive hazards.
All activities, processes and uses involving the use of, or storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion. Firefighting and fire suppression equipment and devices standard in industry shall be approved by the Fire Department. All incineration is prohibited with the exception of those substances such as, but not limited to, chemicals, insecticides, hospital materials and waste products, required by law to be disposed of by burning, in which case incineration shall be conducted in accordance with all local, State and Federal regulations, and those instances where the Fire Department deems it a practical necessity.
(Ord. 24-002 § 5 (Exh. A))
§ 18.17.080 Hazardous and extremely hazardous materials.
The use, handling, storage and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations and the California Fire and Building Codes, as well as the laws and regulations of the California Department of Toxic Substances Control and the County Environmental Health Agency. Activities, processes, and uses shall not generate or emit any fissionable or radioactive materials into the atmosphere, a sewage system or onto the ground.
(Ord. 24-002 § 5 (Exh. A))
§ 18.17.090 Heat, humidity, cold, and glare.
When located in a zoning district specified below, all commercial and industrial uses shall be so operated as not to produce humidity, heat, cold, or glare which is readily detectable without instruments by the average person at the following points of determination:
TABLE 18.17.090: POINT OF DETERMINATION – HEAT, HUMIDITY, COLD, OR GLARE | |
|---|---|
Zoning District in Which Uses Are Located | Point of Determination |
Industrial District | At or beyond any boundary of the zone. |
Any District Other Than an Industrial District | At or beyond any lot line of the lot containing the uses. |
(Ord. 24-002 § 5 (Exh. A))
§ 18.17.100 Liquid or solid waste.
A.
Discharges to Water or Sewers. Liquids and solids of any kind shall not be discharged, either directly or indirectly, into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with applicable regulations of the California Regional Water Quality Control Board (California Administrative Code, Title 23, Chapter 3 and California Water Code, Division 7) and any other agency as shall have jurisdiction of such activities.
B.
Containment. Waste shall be handled and stored so as to prevent nuisances, health, safety and fire hazards, and to facilitate recycling. Material, including but not limited to paper products, plastic, dirt, sand, lime, seed, bran, chaff, wood refuse, and other readily transportable compounds, shall be contained in a way it cannot be tracked or carried by wind off site. Closed containers shall be provided and used for the storage of any materials which by their nature are combustible, volatile, dust or odor producing or edible or attractive to rodents, vermin, or insects.
(Ord. 24-002 § 5 (Exh. A))
§ 18.17.110 Noise.
A.
Noise Limits. Unless excepted pursuant to subsection C of this section, Noise Limit Exceptions, no land use shall generate sound exceeding the maximum levels identified in Table 18.17.110.A: Noise Limits or as amended pursuant to the correction factors in Table 18.17.110.B: Noise Limit Correction Factors.
TABLE 18.17.110.A: NOISE LIMITS | |
|---|---|
Zoning District | Maximum Sound Pressure Level in Decibels |
Residential Districts | |
RL | 55 dB |
RM | 60 dB |
Commercial and Mixed-Use Districts | 70 dB |
Industrial Districts | 75 dB |
B.
Noise Limit Correction Factors. The following correction factors shall be applied to the maximum sound pressure levels in Table 18.17.110.A: Noise Limits:
TABLE 18.17.110.B: NOISE LIMIT CORRECTION FACTORS | |
|---|---|
Time and Operation of Type of Noise | Correction in Maximum Permitted Decibels |
Emission only between 7 a.m. and 10 p.m. | Plus 5 |
Noise of unusual impulsive character such as hammering or drill pressing | Minus 5 |
Noise of unusual periodic character such as hammering or screeching | Minus 5 |
C.
Noise Limit Exceptions. The following sounds may exceed the maximum sound pressure levels established in Table 18.17.110.A: Noise Limits:
1.
Time signals produced by places of employment or worship and school recess signals providing no one sound exceeds five (5) seconds in duration and no one series of sounds exceeds twenty-four (24) seconds in duration;
2.
Sounds from transportation equipment used exclusively in the movement of goods and people to and from a given premises, temporary construction or demolition work; and
3.
Sounds made in the interests of public safety.
D.
Noise Level Measurement. The following provisions shall determine means for measuring noise levels. Where these provisions conflict with other provisions of the Dixon Municipal Code, the following shall remain applicable for purposes of this code:
1.
Setting of Meter. Any sound or noise level measurement made pursuant to the provisions of this chapter shall be measured with a sound level meter using an A-weighting and "slow" response pursuant to applicable manufacturer's instructions, except that for sounds of a duration of two (2) seconds or less the "fast" response shall be used and the average level during the occurrence of the sound reported.
2.
Calibration of Meter. The sound level meter shall be appropriately calibrated and adjusted as necessary by means of an acoustical calibrator of the coupler type to ensure meter accuracy within the tolerances set forth in American National Standards ANSI-SI.4-1971.
3.
Location of Microphone. All measurements shall be taken at any lot line of a lot within the applicable zoning district. The measuring microphone shall not be less than four (4) feet above the ground, at least four (4) feet distant from walls or other large reflecting surfaces and shall be protected from the effects of wind noises by the use of appropriate wind screens. In cases when the microphone must be located within ten (10) feet of walls or similar large reflecting surfaces, the actual measured distances and orientation of sources, microphone and reflecting surfaces shall be noted and recorded. In no case shall a noise measurement be taken within five (5) feet of the noise source.
4.
Measured Sound Levels. The measurement of sound level limits shall be the average sound level for a period of one (1) hour.
(Ord. 24-002 § 5 (Exh. A))
§ 18.17.120 Vibration.
No use shall be operated in a manner which produces vibrations discernible without instruments at any point on the property line of the lot on which the use is located.
(Ord. 24-002 § 5 (Exh. A))
§ 18.18.010 Purpose.
The purpose of this chapter is to promote the public health, safety, and welfare through a comprehensive system of reasonable, effective, consistent, content-neutral, and nondiscriminatory sign standards and requirements. More specifically, this chapter is intended to:
A.
Balance public and private objectives by allowing adequate avenues for both commercial and noncommercial messages;
B.
Allow signs to serve as an effective channel of communication while preventing visual clutter that will detract from the aesthetic character of the City;
C.
Maintain and enhance the City's appearance by regulating the location, number, type, quality of materials, size, illumination, and maintenance of signs;
D.
Restrict signs that may create a nuisance to nearby properties, violate privacy, or create hazards or unreasonable distractions for pedestrians or drivers;
E.
Provide clear and unambiguous sign standards that enable fair and consistent enforcement; and
F.
Ensure that the constitutionally guaranteed right of free speech is protected.
(Ord. 24-002 § 5 (Exh. A))
§ 18.18.020 Applicability.
The provisions of this chapter apply to all signs in all districts, constructed or physically altered on or after the effective date of this code, unless otherwise specified. The provisions of this chapter apply in addition to any other section of the municipal code, including Chapter 6.12 DMC, Cannabis Business Pilot Program.
A.
Message Neutrality. It is the City's policy and intent to regulate signs in a manner consistent with the U.S. and California Constitutions, which is content neutral as to noncommercial speech and does not favor commercial speech over noncommercial speech.
B.
Public Forum. The provisions of this chapter shall not be construed to prohibit a person from holding a sign while picketing or protesting on public property that has been determined to be a traditional or designated public forum, so long as the person holding the sign does not block ingress and egress from buildings; create a safety hazard by impeding travel on sidewalks, bike lanes, or vehicle lanes; or violate any other reasonable time, place, and manner restrictions adopted by the City.
C.
Registered Mark. The provisions of this chapter shall not require alteration of the display of any registered mark, trademark, service mark, trade name, or corporate name that may be associated with or incorporated into a registered mark, where such alteration would require the registered mark to be displayed in a manner differing from the mark as exhibited in the certificate of registration issued by the United States Patent and Trademark Office. It is the responsibility of the applicant to establish that a proposed sign includes a registered mark.
D.
Regulatory Interpretations. All interpretations of this chapter are to be exercised in light of the message neutrality and message substitution policies.
E.
Noncommercial Signs. Noncommercial signs are allowed wherever commercial signage is permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this chapter.
(Ord. 24-002 § 5 (Exh. A))
§ 18.18.030 Exemptions.
The following signs are exempt from the permit requirements of this chapter, and do not count toward the maximum sign area limitation for a site; provided, that they conform to the specified standards:
A.
Address Signs. Required address identification signs that are in conformance with the building code.
B.
Commercial Displays on Vehicles. Displays on vehicles related to the goods or services provided by the vehicle owner or operator and public transit/public carrier graphics on properly licensed buses, taxicabs, and similar vehicles for hire that legally pass through the City.
C.
Directional/Informational Signs. Directional and/or informational signs not more than eight (8) square feet in area or four (4) feet in height for the direction or convenience of the public such as outlining/assisting vehicle and pedestrian circulation within a site, egress, ingress, and any public facilities such as restrooms, telephones, walkways, and other similar features.
D.
Flags. Flags that do not display a commercial message.
E.
Government Signs. Official notices issued by a court, public body, or office and posted in the performance of a public duty; notices posted by a utility or other quasi-public agency; signs erected by a governmental body to direct or regulate pedestrian or vehicular traffic; noncommercial bus stop signs erected by a public transit agency; or other signs required or authorized by law.
F.
Historic Plaques and Commemorative Signs. Historic plaques, memorial signs or tablets, or commemorative signs indicating names of buildings and dates of building erection, either attached to or cut into the surfaces of buildings, with a maximum allowable sign area of four (4) square feet per sign.
G.
Interior Signs. Signs that are in the interior areas of a building or site not visible from the public right-of-way, and at least five (5) feet from a window, door, or other exterior wall opening.
H.
Manufacturer's Mark. Manufacturer's marks, including signs on items such as vending machines, gas pumps, and ice containers with a maximum allowable sign area of four (4) square feet per sign.
I.
Nameplate. One (1) nameplate for each tenant or occupancy not to exceed two (2) square feet in area indicating the name of the occupant or tenant.
(Ord. 24-002 § 5 (Exh. A))
§ 18.18.040 Prohibitions.
Unless otherwise permitted by a specific provision of this chapter, the following sign types are prohibited:
A.
Animated or Moving Signs. Animated, flashing, blinking, reflecting, revolving, or other similar sign with visibly moving or rotating elements or visible mechanical movement of any kind, unless expressly permitted by another section of this chapter.
B.
Balloons, Inflatable Signs, Streamers, Pennants and Other Attention-Getting Devices. Balloons, inflatable signs, streamers, pennants, and other attention-getting devices, made of lightweight fabric or similar material, designed to rotate or move with the wind, that direct, promote, or that are otherwise designed to attract attention.
C.
Mobile Billboards. Any sign carried or conveyed by a vehicle for the primary purpose of general advertising for hire. This prohibition eliminates mobile billboard advertising within the City to reduce traffic congestion, promote the safe movement of vehicular traffic, reduce air pollution, and improve the aesthetic appearance of the City. This prohibition does not apply to displays on vehicles related to the goods or services provided by the vehicle owner or operator, public safety and public transit/public carrier graphics on properly licensed buses, taxicabs, and similar vehicles for hire that legally pass through the City.
D.
Off-Site Signs. Any sign advertising any activity, business, product, or service that is not conducted on the premises upon which the sign is located, unless expressly permitted by another section of this chapter.
F.
Searchlights and Klieg Lights. Search and Klieg lights when used as attention-attracting devices for commercial uses.
G.
Signs Located in the Public Right-of-Way or on Public Property. Other than official government signs or warning signs required by law, no inanimate sign can be placed in or project into the public right-of-way or on public property unless authorized by an encroachment permit.
H.
Signs Affixed to Trees. Signs affixed to or cut into trees or other living vegetation shall be prohibited.
I.
Signs on Terrain. Signs cut, burned, marked, or displayed in any manner on a street, sidewalk, cliff, hillside, or other terrain feature shall be prohibited.
J.
Signs Creating Traffic or Pedestrian Safety Hazards. Signs placed, located, or displayed in such a manner as to constitute a traffic or pedestrian safety hazard shall be prohibited.
1.
Signs that obstruct use of any door, window, or fire escape.
2.
Signs that impede normal pedestrian use of public sidewalks. A minimum unobstructed width of four (4) feet must always be maintained.
3.
Signs that constitute a traffic hazard or obstruct the view of traffic, any authorized traffic sign, or signal device.
4.
Signs that create confusion or conflict with any authorized traffic sign or signal device due to color, location, wording, or use of specific phrases, symbols, or characters.
K.
Signs Producing Noise or Emissions. Signs producing visible smoke, vapor, particles, odor, noise, or sounds that can be heard at the property line shall be prohibited. This prohibition excludes menu boards with voice units at drive-through facilities.
L.
Signs for Prohibited Uses. A sign displaying a commercial message promoting a business that is a prohibited use and has not been established as a legal nonconforming use.
M.
Unauthorized Signs. Signs shall not be placed on private or public property without the permission of the property owner.
(Ord. 24-002 § 5 (Exh. A))
§ 18.18.050 Sign measurement.
A.
Measuring Sign Area. The area of a sign face includes the entire area within a single continuous perimeter composed of squares and rectangles that enclose the extreme limits of all sign elements, including, without limitation, sign structures or borders, written copy, logos, symbols, illustrations, and color. Supporting structures, such as sign bases and columns, are not included in sign area; provided, that they contain no lettering or graphics except for addresses. The area of an individual sign shall be calculated as follows:
 FIGURE 18.18.050.A: MEASURING SIGN AREA |
1.
Single-Faced Signs. The sign area of a sign with a single face area is the area of the sign face.
2.
Double-Faced Signs. Where two (2) faces of a double-faced sign are located two (2) feet or less from one another at all points, or located at an interior angle of forty-five (45) degrees or less from one another, the sign area of double-faced signs is computed as the area of one (1) face. Where the two (2) faces are not equal in size, the larger sign face will be used. Where two (2) faces of a double-faced sign are located more than two (2) feet or greater than forty-five (45) degrees from one another, both sign faces are counted toward sign area.
 FIGURE 18.18.050.A.2: MEASURING SIGN AREA, DOUBLE-FACED SIGNS |
3.
Multi-Faced Signs. On a three (3) faced sign, where at least one (1) interior angle is forty-five (45) degrees or less, the area of two (2) faces (the largest and smallest face) must be summed to determine sign area. In all other situations involving a sign with three (3) or more sides, sign area will be calculated as the sum of all faces.
 FIGURE 18.18.050.A.3: MEASURING SIGN AREA, MULTI-FACED SIGNS |
4.
Three (3) Dimensional Signs. Signs that consist of, or have attached to them, one (1) or more three (3) dimensional objects (i.e., balls, cubes, clusters of objects, sculpture, or statue-like trademarks), may have a sign area that is the sum of all areas using the four (4) vertical sides of the smallest rectangular prism that will encompass the sign.
 FIGURE 18.18.050.A.4: MEASURING SIGN AREA, 3D SIGNS |
B.
Measuring Sign Height. The height of a sign is the vertical distance from the uppermost point used to measure sign area to the existing grade immediately below the sign.
 FIGURE 18.18.050.B: MEASURING SIGN HEIGHT |
C.
Measuring Sign Clearance. Sign clearance shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or background embellishments.
 FIGURE 18.18.050.C: MEASURING SIGN CLEARANCE |
(Ord. 24-002 § 5 (Exh. A))
§ 18.18.060 General provisions.
This section establishes general standards that apply to all sign types and in all districts.
A.
Applicable Codes. In addition to complying with the provisions of this section, all signs must be constructed in accordance with applicable construction, sign, and building codes and all other applicable laws, rules, regulations, and policies.
B.
Sign Clearance. Signs shall have a minimum of eight (8) feet clearance when located above any walkway or area where people may walk and fourteen (14) feet above any parking area or drive aisle.
C.
Illumination. An illuminated sign within three hundred (300) feet of a residential district within the City limits, measured along the radius of a one hundred eighty (180) degree arc in front of a face of a sign, shall not be directly lighted but may be indirectly lighted or may have semi-indirect or diffused lighting. The lighting fixture shall be shielded such that the lamp (light bulb) is not visible.
D.
Projections Into the Public Right-of-Way. In the DMX district, signs mounted on private property may project into or above public property or the public right-of-way up to within two (2) feet of the curb line of a street or alley with approval of an encroachment permit by the Public Works Director. Such signs shall also meet the sign clearance requirements of subsection B of this section, Sign Clearance.
E.
Materials. Signs shall be made of sturdy, durable materials. Paper, cardboard and other materials subject to rapid deterioration shall be limited to temporary signs. Fabric signs are limited to awnings, canopies, flags, and temporary signs.
(Ord. 24-002 § 5 (Exh. A))
§ 18.18.070 Signage allowances by zoning district.
This section establishes the types of signs allowed per zoning district. These signs are also subject the regulations in DMC § 18.18.060, General provisions, and all standards specific to the specific sign type.
A.
Types of Signs Allowed. Table 18.18.070.A: Allowed Signs by Zoning District, establishes the types of signs allowed per zoning district.
TABLE 18.18.070.A: ALLOWED SIGNS BY ZONING DISTRICT | |||||||
|---|---|---|---|---|---|---|---|
✓ Allowed (subject to compliance with this chapter) | – Not Allowed | ||||||
Zoning Districts | Sign Type | ||||||
Wall Signs | Free-standing Signs | Awning and Canopy Signs | Projecting and Shingle Signs | Window Signs | Freeway-Oriented Signs | Temporary Signs | |
Residential Districts | |||||||
Commercial and Mixed-Use Districts | |||||||
All Commercial and Mixed Districts | |||||||
CAMX | ✓ | ✓ | ✓ | ✓ | ✓ | – | ✓ |
CMX | ✓ | ✓ | ✓ | ✓ | ✓ | – | ✓ |
DMX | ✓ | ✓ | ✓ | ✓ | ✓ | – | ✓ |
CN | ✓ | ✓ | ✓ | ✓ | ✓ | – | ✓ |
CR | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ |
CS | ✓ | ✓ | ✓ | ✓ | ✓ | – | ✓ |
Industrial Districts | |||||||
All Industrial Districts | |||||||
IL | ✓ | ✓ | ✓ | ✓ | ✓ | – | ✓ |
IG | ✓ | ✓ | ✓ | ✓ | ✓ | – | ✓ |
Public and Semi-Public Districts | |||||||
All Public and Semi-Public Districts | |||||||
PF | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ |
PR | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ |
B.
Allowed Sign Area. Table 18.18.070.B establishes the maximum aggregate sign area allowed per site.
1.
Calculation of Aggregate Sign Area. The sign area of all signs on site is included in the calculation of aggregate sign area, except for the signs listed below, which are excluded from the calculation.
a.
Sign Area Excluded From the Calculation of Aggregate Sign Area. The sign area of the following signs is excluded from the calculation of aggregate sign area:
(i)
Signs that are exempt from the permit requirements of this chapter pursuant to DMC § 18.18.030, Exemptions.
(ii)
Signs allowed pursuant to DMC § 18.18.080, Signage allowances for specific uses and development.
(iii)
Additional freestanding signs in the CR district allowed pursuant to DMC § 18.18.090(B)(3), Additional Freestanding Sign Allowance, CR District.
(v)
Temporary signs consistent with DMC § 18.18.110, Temporary signs.
TABLE 18.18.070.B: MAXIMUM ALLOWABLE AGGREGATE SIGN AREA | |
|---|---|
Zoning District | Maximum Allowable Aggregate Sign Area |
Residential Districts | Allowable sign area is determined by the specific sign allowances in DMC § 18.18.080, Signage allowances for specific uses and development |
CMX, DMX, and CN Districts | 1 square foot per linear foot of building frontage or width of tenant space or 20 square feet per tenant space, whichever is greater |
CAMX, CR and CS Districts | 2 square feet per linear foot of building frontage or width of tenant space or 30 square feet per tenant space, whichever is greater |
IL and IG Districts | 1 square foot per linear foot of building frontage or width of tenant space or 20 square feet per tenant space, whichever is greater. |
(Ord. 24-002 § 5 (Exh. A))
§ 18.18.080 Signage allowances for specific uses and development.
This section establishes signage allowances for specific uses and development. These signs are allowed in addition to the signs allowed by zoning district in DMC § 18.18.070, Signage allowances by zoning district, and are not included in the calculation of aggregate sign area. These signs are also subject to the regulations in "Standards for Specific Sign Types" unless otherwise stated.
A.
Residential Developments. Residential developments of four (4) or more units or lots are allowed freestanding and wall signs up to a total aggregate sign area of one (1) square foot per dwelling unit, subject to the following standards:
B.
Nonresidential Uses in Residential Districts. Nonresidential uses that are the primary use on a site in a residential district are allowed up to a total aggregate sign area of one (1) square foot per linear foot of building frontage. Allowed sign types, maximum sign area for individual signs, and allowed illumination is as follows:
1.
Awning and Canopy Signs. Maximum size of six (6) square feet or twenty-five percent (25%) of the surface area of the awning, whichever is less.
2.
Window Signs. Maximum size of fifteen percent (15%) of window area.
3.
Wall Signs. Maximum size of twenty (20) square feet.
4.
Freestanding Signs. Maximum size of thirty (30) square feet.
5.
Illumination. Sign lighting is limited to external illumination. Internally illuminated signs and bare bulbs are prohibited.
(Ord. 24-002 § 5 (Exh. A))
§ 18.18.090 Signage standards for specific sign types.
This section establishes standards for specific sign types that apply to all districts where such signs are allowed.
A.
Awning and Canopy Signs. Signs painted or printed on awnings, canopies, arcades, or similar attachments or structures are subject to the following standards:
1.
Maximum Allowable Sign Area. Awning and canopy signs shall have a maximum allowable sign area of ten (10) square feet, or twenty-five percent (25%) of the total awning area, whichever is less.
2.
Maximum Sign Height. Awning and canopy signs shall have a maximum height of fourteen (14) feet.
 FIGURE 18.18.090.A: AWNING AND CANOPY SIGNS |
B.
Freestanding Signs. Freestanding signs are subject to the following standards:
1.
Maximum Sign Height. Eight (8) feet.
2.
Maximum Number of Signs. One (1) freestanding sign plus one (1) for every seventy-five (75) feet of street frontage over seventy-five (75).
3.
Additional Freestanding Sign Allowance, CR District. In addition to the other sign allowances pursuant to this chapter, an additional freestanding sign may be allowed in the CR district, subject to the following standards:
a.
Required Permit. Conditional use permit approval pursuant to Chapter 18.24 DMC, Use Permits, is required.
b.
Maximum Sign Height. The maximum sign height shall be established through the conditional use permit approval in consideration of a sight line study for view and visibility distance which shall be prepared and submitted with an application to justify the height of the sign requested. However, the maximum height of the sign shall not exceed eighty-five (85) feet.
c.
Maximum Number of Signs. A maximum of one (1) additional freestanding sign may be allowed.
d.
Location. Multi-tenant freeway-oriented sign structures shall be no closer together than two thousand (2,000) feet from one to another, measured parallel to the freeway.
e.
Subject Location. Businesses, products, services, or entities advertising on sign structures must be located on the same site as the sign and located within one-half (0.5) mile of the centerline of Interstate 80; except as allowed for electronic message center signs pursuant to subsection (B)(3)(j) of this section, Electronic Message Center.
f.
Sign Structure. The design of the sign structure, including base, shall incorporate architectural design features to enhance appearance.
g.
Size of Signage. Signage, including text or graphics, must be of sufficient size to be easily readable for freeway drivers. In the event an applicant for signage disputes requirements of "sufficient size" for readability established by the Planning Commission or administrative design approval, Caltrans freeway signage readability standards shall be utilized.
h.
Center Identification. The topmost position on the sign shall reflect the name of the commercial area or center for which the sign is primarily intended, or a major tenant as determined by the Planning Commission during the sign review process.
i.
Signage Lease Spaces.
(i)
The size and number of signage lease spaces shall be established at the time of sign design review for the sign structure. Subdivision of signage lease space areas, other than as established at the time of sign design review, shall not be permitted.
(ii)
There shall be a minimum of three (3) signage lease spaces provided on the additional freestanding sign.
j.
Electronic Message Center. Electronic message center signs may be permitted subject to the following:
(i)
Electronic message signs located within five hundred (500) feet of a residential district shall not be utilized from 11:00 p.m. to 6:00 a.m.
(ii)
The sign area of an electronic message center sign shall not exceed six hundred seventy-five (675) square feet.
(iii)
The static messages shall not change more frequently than every six (6) seconds, and cannot pulse or significantly change in luminosity.
k.
Timing of Permits. No permit shall be issued for construction of a sign structure prior to the initiation of construction of at least one (1) business or entity which will place signage on the structure.
 FIGURE 18.18.090.B: FREESTANDING SIGNS |
C.
Projecting and Shingle Signs. Signs that project horizontally from the exterior wall of a building or are suspended beneath a marquee, covered walkway, canopy, or awning, are subject to the following standards:
1.
Maximum Allowable Sign Area. Six (6) square feet.
2.
Maximum Sign Height. Fifteen (15) feet.
3.
Maximum Number of Signs. One (1) for each building frontage or tenant space.
4.
Projection Allowed.
a.
Projecting Sign. A projecting sign cannot extend more than four (4) feet from the building to which it is attached.
b.
Shingle Sign. A shingle sign cannot extend further than the outer edge of the marquee, covered walkway, canopy, or awning from which it is suspended.
 FIGURE 18.18.090.C: PROJECTING AND SHINGLE SIGNS |
D.
Wall Signs. Wall signs include any sign attached to, erected against or painted upon the wall of a building or structure. Wall signs are subject to the following standards:
1.
Maximum Allowable Sign Area. In all cases, wall sign copy shall not occupy more than twenty-five percent (25%) of the total area of the wall to which the sign is attached.
2.
Location of Sign.
a.
Wall signs shall not be placed higher than the second story of a building.
b.
Wall signs shall not cover or interrupt major architectural features, including such features as doors, windows, or tile embellishments.
c.
Wall signs shall not extend higher than the building wall upon which they are attached.
3.
Maximum Number of Signs. One (1) per building frontage or tenant space.
 FIGURE 18.18.090.D: WALL SIGNS |
E.
Window Signs. Signs painted on or otherwise adhered directly onto a window and signs that block a window in any way are subject to the following standards:
(Ord. 24-002 § 5 (Exh. A))
§ 18.18.100 Freeway-oriented signs.
In addition to the other sign allowances pursuant to this chapter, freeway-oriented sign structures may be allowed in the CR district subject to conditional use permit approval and the following criteria:
A.
Freeway-oriented sign structures may only be located in a CR district located along Interstate 80.
B.
A sight line study for view and visibility distance shall be prepared and submitted with an application to justify the height of the sign requested. However, the maximum height of the sign shall not exceed eighty-five (85) feet.
C.
Design of the sign structure shall incorporate architectural design features to enhance appearance.
D.
Sign structures must be in compliance with all applicable State and Federal regulations, including but not limited to the State Outdoor Advertising Act. Proof of such compliance must be submitted prior to issuance of the permit for construction of the sign structure.
E.
Signage, including text or graphics, must be of sufficient size to be easily readable for freeway drivers. In the event an applicant for signage disputes requirements of "sufficient size" for readability established by the Planning Commission or administrative design approval, Caltrans freeway signage readability standards shall be utilized.
F.
The size and number of signage lease space shall be established at the time of sign design review for the sign structure. Subdivision of signage lease space area, other than as established at the time of sign design review, shall not be permitted.
G.
Electronic Message Center. Freestanding freeway-oriented signs that include electronic message center signs may be permitted subject to the following:
1.
Electronic message signs located within five hundred (500) feet of a residential district shall not be utilized from 11:00 p.m. to 6:00 a.m.
2.
The sign area of an electronic message center sign shall not exceed six hundred seventy-five (675) square feet.
3.
The static messages shall not change more frequently than every six (6) seconds, and cannot pulse or significantly change in luminosity.
H.
Replacement, repair, or modification of signage shall be subject to design review pursuant to Chapter 18.23 DMC, Design Review.
I.
Number of Freeway-Oriented Signs.
1.
No more than one (1) freeway-oriented sign may be built for every ten thousand (10,000) residents. One (1) additional freeway-oriented sign may be built once the City's population reaches twenty thousand (20,000), as established by the Solano County Clerk's office. The additional freeway-oriented sign must be located on the opposite side of Interstate 80 from any existing freeway-oriented sign, and shall not be within a one (1) mile radius from any other existing freeway-oriented sign.
2.
Another additional freeway-oriented sign may be built once the City's population reaches thirty thousand (30,000), as established by the Solano County Clerk's office. This additional freeway-oriented sign shall not be within a one (1) mile radius from any other existing freeway-oriented sign.
(Ord. 24-002 § 5 (Exh. A))
§ 18.18.110 Temporary signs.
Temporary signs intended to be displayed for a limited period of time are allowed subject to the following standards:
A.
Real Estate Signs. One (1) sign pertaining to the sale, lease, rental or display of a structure or land, not exceeding six (6) square feet in a residential district or twenty (20) square feet in a nonresidential district.
B.
Open House Signs. A maximum of four (4) open house directional portable signs may be placed off the premises offered for sale or lease in accordance with the following:
1.
Signs shall not exceed four (4) square feet in area or three (3) feet in height.
2.
Signs may be placed off site on private property only after obtaining permission from the property owner.
3.
Signs may be permitted in the public right-of-way when abutting property lines and placed in such a manner that does not interrupt the normal flow of vehicle or pedestrian traffic. Signs are prohibited in the center divider and/or traffic islands of public streets. These signs shall not cause a sight distance problem.
4.
Signs may be displayed only on weekends, holidays, and broker tour days between 10:00 a.m. and 5:00 p.m., during the period when the property is available for public showing. Signs shall be removed after each day of showing.
5.
An encroachment permit may be required from Caltrans and the City of Dixon before placing an open house directional portable sign in the public right-of-way.
C.
Subdivision Signs. Temporary subdivision signs in conformance with the following are permitted in residential districts:
1.
One (1) sign pertaining to a subdivision, not illuminated, not exceeding twenty-four (24) square feet in area, may be erected or displayed, for each ten (10) acres in the subdivision. In no case shall the total sign area of such signs exceed forty-eight (48) square feet.
2.
If a subdivision has an area of less than ten (10) acres, one (1) sign, not illuminated, not exceeding twenty-four (24) square feet in area, may be erected or displayed.
3.
The total number of subdivision signs, other than model home signs and directional signs as permitted in subsections (C)(4) and (C)(5) of this section, shall not exceed three (3).
4.
One (1) sign not exceeding six (6) square feet in area, not illuminated, advertising a model home may be erected or displayed on the site of each model home in a subdivision.
5.
Not more than four (4) off-site directional signs subject to the following restrictions:
a.
Not illuminated.
b.
Not more than sixty-four (64) square feet in area, may be erected or displayed for each subdivision.
c.
At least two (2) of the four (4) off-site signs shall be constructed to have three (3) additional panels that will be available to advertise other subdivisions.
d.
Signs must be located on private property and must have the owner's consent.
e.
Signs shall be located not to cause a safety hazard.
f.
Location and design of signs must first be approved by the Community Development Director.
6.
A sign permit shall be required for all temporary subdivision signs. A permit may be issued by the Community Development Director at any time after recordation of the subdivision and shall become void one (1) year following the date on which the permit was issued, unless prior to the expiration of that one (1) year a building permit is issued and construction commenced on the homes. A sign permit may be renewed for one (1) additional year if, prior to the expiration of one (1) year of the date when the permit was issued, an application for a renewal is filed with Community Development Department.
D.
Banners and Streamers. Temporary banners in compliance with the following may be placed on any business:
1.
Temporary banners designed to identify the name of a new business, change in the name of an existing business or the coming of a new business may be installed for a maximum of one hundred twenty (120) days and only until a permanent sign is approved and installed.
2.
Temporary banners shall not individually exceed sixty (60) square feet or collectively one hundred twenty (120) square feet. No more than three (3) temporary banners may be displayed at one (1) time.
3.
Temporary banners must be affixed directly to the wall or facade of a building and shall not be displayed above the eave of the roofline.
4.
Streamers may be displayed on or above an open car or vehicle lot on a continual basis and may be displayed from a building or structure to another building or structure located on private property. Streamers may not be attached to any structure located on City property.
E.
Noncommercial Event Signs.
1.
One (1) noncommercial event sign may be erected, displayed or permitted on a lot less than one (1) acre in size pertaining to an event or an election, such as a charitable or civic event, on private property. Up to four (4) noncommercial event signs may be erected, displayed or permitted on a lot of more than one (1) acre.
2.
Noncommercial event signs shall be nonilluminated and shall not individually exceed twenty-four (24) square feet in area per side.
3.
Noncommercial event signs shall not be erected, displayed, or permitted earlier than sixty (60) days before the event to which they relate and must be removed within seven (7) days after the event.
F.
Portable Signs.
1.
One (1) portable sign may be erected, displayed, or permitted pertaining to a business located on the same property as the sign.
2.
Sign shall be nonilluminated and not exceed ten (10) square feet in area per side and four (4) feet six (6) inches in height.
3.
Portable signs shall be displayed on private property, except in the downtown commercial district. A portable sign displayed in a public right-of-way within the downtown commercial district shall comply with any applicable encroachment regulations of the City and the California Department of Transportation.
4.
Portable signs may be displayed in a required landscaped area, but may not block a required access, be located in an area approved for parking or cause a sight distance problem.
5.
Portable signs shall be professionally manufactured. They shall only be displayed between sunrise and sunset and must be removed during other times of the day.
G.
Mobile Sign or Mobile Billboard.
1.
No vehicle may be used as a platform or substitute for a billboard, freestanding sign or portable sign, whether parked on private property or public right-of-way.
2.
A vehicle may display a mobile sign or mobile billboard so long as it complies with the following:
a.
It is moving along any street for the sole or primary purpose of displaying advertising or for the sole or primary purpose of being a mobile sign or mobile billboard.
b.
Is prohibited from residentially zoned areas.
c.
Is nonilluminated.
d.
Is limited to being displayed between 8:00 a.m. and 8:00 p.m.
e.
Shall not exceed seventy-two (72) square feet in area on one (1) side.
3.
The following exceptions are permissible:
a.
Driving, operating and movement of vehicles displaying political campaign advertisements for candidates for public office or for ballot measures, or other forms of noncommercial speech.
b.
Vehicles whose primary purpose is for regular transportation of passengers, such as buses or taxis.
c.
Transporting a mobile sign or mobile billboard to a site where the sign can be displayed in a manner that does not violate any subsection in this section.
(Ord. 24-002 § 5 (Exh. A))
§ 18.18.120 Modification to sign standards.
A.
Modification up to Twenty Percent (20%) of Dimensional Standard. Relief from dimensional requirements of sign standards specified in this chapter, such as maximum height and sign area, up to twenty percent (20%) of the requirement may be granted with the approval of a modification pursuant to Chapter 18.26 DMC, Modifications.
B.
Other Modifications to Sign Standards. Relief from dimensional requirements of sign standards specified in this chapter in excess of twenty percent (20%) of the requirement, as well as modifications from other standards of this chapter such as the number and type of signs, may be granted with the approval of a comprehensive sign program pursuant to DMC § 18.18.140, Comprehensive sign program.
(Ord. 24-002 § 5 (Exh. A))
§ 18.18.130 Review procedures.
A.
Sign Permit Required. A sign permit shall be required for all signs that may remain, or are intended to remain, for more than one hundred twenty (120) calendar days.
B.
Application. Application for a permit shall be made upon forms provided by the Community Development Department and accompanied by the required fee and application materials showing the following:
(Ord. 24-002 § 5 (Exh. A))
§ 18.18.140 Comprehensive sign program.
A.
Purpose. The purpose of a comprehensive sign program is to provide a method for an applicant to integrate the design and placement of signs within a project with the overall development design to achieve a more unified appearance.
B.
Application. A comprehensive sign program application shall contain all written and graphic information needed to fully describe the proposed sign program, including the proposed location and dimension of each sign, as well as proposed color schemes, font types, materials, methods of attachment or support, and methods of illumination. A comprehensive sign program application shall also include calculation of maximum allowable sign area, and total proposed sign area, for the site.
C.
Review Authority. All comprehensive sign programs are subject to review and approval of the review authority for the project with which the signs are associated, except as provided below.
1.
Requests for Modifications to Sign Standards. All comprehensive sign programs that include a request for a deviation from the standards of this chapter other than those allowable with a modification pursuant to DMC § 18.18.120, Modification to sign standards, are subject to review and approval by the Planning Commission.
D.
Required Findings. The review authority must make all of the following findings in order to approve a comprehensive sign program, in addition to the other applicable regulations in this section. The inability to make one (1) or more of the findings is grounds for denial of an application.
1.
The proposed signs are compatible in style and character with any building to which the signs are to be attached, any surrounding structures and any adjoining signage on the site;
2.
Future tenants will be provided with adequate opportunities to construct, erect, or maintain a sign for identification; and
3.
Directional signage and building addressing are adequate for pedestrian and vehicular circulation and emergency vehicle access.
E.
Lessees to Be Informed of Comprehensive Sign Program. Lessees within developments subject to the requirements of an approved comprehensive sign program shall be made aware of the comprehensive sign program in their lease.
(Ord. 24-002 § 5 (Exh. A))
§ 18.18.150 Nonconforming signs.
A.
Continuance and Maintenance. Reasonable and routine maintenance and repairs may be performed on signs that are nonconforming provided there is no expansion of any nonconformity.
B.
Abandonment of Nonconforming Sign. Whenever a nonconforming sign has been abandoned, or the use of the property has been discontinued for a continuous period of ninety (90) days, the nonconforming sign must be removed.
C.
Restoration of a Damaged Sign. A nonconforming sign may be restored if it meets either of the following criteria:
1.
A sign with damage that does not exceed fifty percent (50%) of the total sign area, including hardware and attachments; provided, that the repairs start within sixty (60) days of the date of damage and are diligently pursued to completion.
2.
A sign that is a danger to the public or is unsafe as determined by the Building Official.
(Ord. 24-002 § 5 (Exh. A))
§ 18.18.160 Maintenance.
A.
Any signage, sign face, or sign structure which ceases, for a period in excess of ninety (90) days, to advertise a bona fide business, product, service, or entity presently in operation shall be removed by the owner of said signage, sign face, or sign structure or the owner of the property upon which signage is located, and shall not be permitted to be reestablished or reconstructed or replaced without being subject to the provisions of this chapter.
B.
All signs, including any appurtenant component, background, or supporting structure, shall be maintained in a state of good repair, be kept clean, be structurally sound, and be visually attractive. Any dilapidated sign shall be repaired or replaced within sixty (60) calendar days following written notification by the City. Noncompliance with the notification is subject to an administrative citation, as set forth in Chapter 1.07 DMC, and nuisance abatement, as set forth in Chapter 9.01 DMC. The City Council shall be the hearing officer for appeals of administrative citations issued pursuant to this section. All hearing and appeal procedures for administrative citations as set forth in Chapter 1.07 DMC otherwise apply.
(Ord. 24-002 § 5 (Exh. A))
§ 18.18.170 Enforcement.
Signs which do not conform to the provisions of this chapter and are erected after its effective date and signs erected after the effective date of this chapter without obtaining the permit required thereby are declared to be unlawful and a public nuisance. All signs declared to be unlawful by this section and all persons erecting or maintaining them shall be subject to the terms of Chapter 18.33 DMC, Enforcement.
(Ord. 24-002 § 5 (Exh. A))
§ 18.19.010 Purpose.
The purpose of this chapter is to establish standards for specific uses and activities that are permitted or conditionally permitted in several or all zoning districts. These provisions are supplemental standards and requirements to minimize the impacts of these uses and activities on surrounding properties and to protect the health, safety, and welfare of their occupants and of the general public.
(Ord. 24-002 § 5 (Exh. A))
§ 18.19.020 Applicability.
Each land use and activity covered by this chapter shall comply with the requirements of the section applicable to the specific use or activity.
A.
These standards are in addition to any applicable standard this code required in the zoning district where the use or activity is proposed, all other applicable provisions of this code, and any other deemed necessary or appropriate to ensure compatibility with existing or permitted uses in the vicinity, if applicable.
B.
The uses that are subject to the standards in this chapter shall be located only where allowed by zoning district, specific plan, and planned development use regulations.
C.
The uses that are subject to the standards in this chapter are allowed only when authorized by the planning permit required by zoning district, specific plan, or planned development regulations, such as a conditional use permit, except where this chapter establishes a different planning permit requirement for a specific use.
(Ord. 24-002 § 5 (Exh. A))
§ 18.19.030 Accessory uses and activities.
Accessory uses and activities that are clearly incidental to and customarily associated with a principal use on the site may be allowed in conjunction with the principal use to which it relates provided it does not result in an intensity of use that exceeds the intensity customarily associated with the primary use. Accessory uses and activities 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. 24-002 § 5 (Exh. A))
§ 18.19.040 Accessory dwelling units.
Accessory dwelling units shall comply with all provisions of the base, overlay, or specific plan district, except as modified by this section.
A.
Residential Density. An accessory dwelling unit is a residential use that is consistent with the existing general plan and zoning designations for the parcel and any accessory dwelling unit constructed pursuant to this section shall not be considered as a dwelling unit in density calculations.
B.
Primary Dwelling Unit Required. The parcel must be in a zoning district that allows single-unit or multi-unit dwellings and contain an existing primary dwelling unit at the time an application for an accessory dwelling unit is submitted, or the application for the accessory dwelling unit may be made in conjunction with the development of the primary dwelling.
C.
D.
Standards for Attached and Detached Accessory Dwelling Units.
1.
Floor Area.
a.
Detached Accessory Dwelling Units. The total floor area, including an attached garage, of an accessory dwelling unit that is detached from the primary dwelling unit shall not exceed one thousand two hundred (1,200) square feet.
b.
Attached Accessory Dwelling Units. The total floor area of an accessory dwelling unit that is attached to the primary dwelling unit shall not exceed fifty percent (50%) of the living area of the primary dwelling unit or one thousand two hundred (1,200) square feet, whichever is less.
2.
Height.
a.
Detached Accessory Dwelling Units. An accessory dwelling unit that is detached from the primary dwelling unit shall not exceed sixteen (16) feet in height, except as provided below.
(i)
An additional two (2) feet of height shall be allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
(ii)
Detached accessory dwelling units on a lot with an existing or proposed single-family or multifamily dwelling unit that is within one-half (0.5) mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Cal. Pub. Res. Code § 21155, may be up to eighteen (18) feet in height.
(iii)
Detached accessory dwelling units on a lot with an existing or proposed multifamily, multistory dwelling may be up to eighteen (18) feet in height.
b.
Attached Accessory Dwelling Units. An accessory dwelling unit that is attached to the primary dwelling unit shall not exceed twenty-five (25) feet in height.
3.
Setbacks. Detached and attached accessory dwelling units shall comply with the setback standards applicable to other structures within the district in which the lot is located except that the minimum interior side and rear setbacks shall be four (4) feet.
4.
Design and Materials. The exterior design and materials of the accessory dwelling unit shall be visually compatible with the primary dwelling in regard to the roof, building walls, doors, windows, horizontal/vertical expression, and architectural detail.
E.
Standards for Accessory Dwelling Units Constructed Within Existing or Proposed Structures. For purposes of this subsection, in order to be considered an existing structure, the structure must be a legally permitted structure that conforms to current zoning or is legal nonconforming as to current zoning.
1.
Floor Area. The accessory dwelling unit shall be contained entirely within the permitted floor area of the primary residence or accessory structure on the same lot as the primary residence. A maximum one hundred fifty (150) square feet expansion to existing floor area is allowed to accommodate ingress and egress for accessory dwelling units that are not designed as junior accessory dwelling units.
2.
Exterior Access. Exterior access that is independent from the primary residence shall be provided.
3.
Setbacks. The interior setbacks shall be sufficient for fire and safety.
4.
Junior Accessory Dwelling Unit. Accessory dwelling units within existing or proposed single-unit dwellings may be designed as junior accessory dwelling units subject to the following standards:
a.
Floor Area. Maximum five hundred (500) square feet.
b.
Efficiency Kitchen Required. The junior accessory dwelling unit shall have an efficiency kitchen which shall include all of the following:
c.
Sanitation Facilities. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
d.
Owner Occupancy Required. The owner of the single-unit dwelling in which the junior accessory dwelling unit is located shall reside in either the remaining portion of the structure or the junior accessory dwelling unit.
F.
Conversions.
1.
Setbacks. No setback shall be enforced for an existing living area, garage, or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit.
2.
Parking. If enclosed or covered parking for the primary dwelling is converted or demolished in conjunction with the construction of an accessory dwelling unit, replacement parking is not required.
G.
Required Parking. Automobile parking is not required for an accessory dwelling unit. Required parking for the primary dwelling shall be provided pursuant to Chapter 18.16 DMC, Parking and Loading.
H.
Sale and Rental Limitations. Accessory dwelling units may be rented separately from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence, except as allowed pursuant to Cal. Gov't Code § 65852.2. Rental terms shall be a minimum of thirty (30) consecutive days.
I.
Permit Review. Permit applications for accessory dwelling units shall be considered and approved ministerially without discretionary review or a hearing within sixty (60) days from receipt of a completed application if there is an existing single-family or multifamily dwelling on the lot or when the permit application for a proposed single-unit or multi-unit dwelling is acted upon.
(Ord. 24-002 § 5 (Exh. A))
§ 18.19.050 Adult-oriented businesses.
A.
Purposes.
1.
The purpose of this section is to prevent community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can result from the concentration of adult-oriented businesses in close proximity to each other or in proximity to other incompatible uses such as private and public educational facilities for minors, places of religious assembly or worship, public parks and recreation areas, and residentially zoned districts or uses. The City Council finds that it has been demonstrated in various communities that the concentration of adult-oriented businesses causes an increase in the number of transients in the area, an increase in crime and blight, and also causes other businesses and residents to move elsewhere. It is, therefore, the purpose of this chapter to establish reasonable and uniform regulations to prevent the concentration of adult-oriented businesses or their close proximity to incompatible uses, while permitting the location of adult-oriented businesses in certain areas.
B.
Distance Requirements. An adult-oriented business may be established, located, or operated only in the zoning districts in which it is expressly listed as a conditional or permitted use, and only subject to each and every one of the following:
1.
The adult-oriented business shall be located at least one thousand (1,000) feet away from:
a.
A church, synagogue, mosque, temple or building or portion of a building or structure which is used for religious worship or related religious activities;
b.
The boundary of any residentially zoned land, whether in the City, in an adjoining city, or within an unincorporated area;
c.
Any public park, or recreational area, or property zoned, planned, or otherwise designated for such use by City action, including but not limited to a park, playground, nature trails, swimming pool, athletic field, basketball or tennis courts, or other similar public land within the City which is under the control, operation, or management of the City or park and recreation authorities;
d.
Any public or private educational facility including but not limited to child day care facilities, libraries, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, secondary schools, continuation schools, and special education schools. This category of uses does not include vocational or professional institutions of higher education including but not limited to community or junior colleges, colleges and universities;
e.
Youth-oriented establishments which are characterized by any or all of the following: (i) the establishment advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors; or (ii) the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors; or
f.
Any boys' club, girls' club, or similar youth organization.
g.
The uses and zones set forth in subsections (B)(1)(a) through (B)(1)(f) of this section shall be collectively known as "sensitive uses." The distance between an adult-oriented business and a "sensitive use" shall be made in a straight line, without regard to the intervening structures or objects, from the closest exterior wall of the building or structure, or a portion of the building or structure, in which the adult-oriented business is located to the boundary of the property on which the building or structure, or portion of the building or structure, in which the "sensitive use" occurs or is located.
2.
The adult-oriented business shall not be located within five hundred (500) feet of more than one (1) other adult-oriented business, whether in the City, in an adjoining city, or within an unincorporated area. The distance between any two (2) adult-oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the building or structure, or portion of the building or structure, in which each adult-oriented business is located.
3.
If any portion of the building or structure in which the adult-oriented business is located fails to meet the distance criteria set forth in subsections (B)(1) and (B)(2) of this section, the entire building or structure shall be ineligible for an adult-oriented business use.
4.
The presence or existence of a City, County or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
5.
The distance criteria set forth in this section must be satisfied as of the date a complete application for a general business license, development plan review, or a building permit is submitted to the City, whichever occurs first.
C.
Enforcement.
1.
Separate Offense for Each Day. Any person who knowingly violates any provision of this section shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be punished accordingly.
2.
Public Nuisance. Any use or condition caused or permitted to exist in violation of any of the provisions of this section shall be and is hereby declared a public nuisance and may be abated by the City.
3.
Criminal Penalties. Any person who knowingly violates, causes, or permits another person to violate any provision of this section commits an infraction. Any person convicted of an infraction shall be subject to a fine to the maximum amount permitted by State law. Any person twice convicted of an infraction for repeat violations of the same provision within a one (1) year period may be charged with a misdemeanor upon being issued a citation for the repeated violation of the same provision. Any person convicted of a misdemeanor shall be subject to punishment to the maximum permitted by State law.
Pursuant to Cal. Gov't Code § 36900(a), the City Attorney may prosecute these violations in the name of the people of the State of California.
4.
Civil Injunction. The violation of any provision of this section shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the City, create a cause of action for injunctive relief.
5.
Administrative Penalties. In addition to the civil remedies and criminal penalties set forth above, any person that violates the provisions of this section may be subject to administrative penalties, as set forth by City ordinance.
(Ord. 24-002 § 5 (Exh. A))
§ 18.19.060 Alcoholic beverage sales (off-sale).
Conditional use permit approval is required for any use involving the sale of alcoholic beverages under an off-sale license for any use other than food and beverage sales.
(Ord. 24-002 § 5 (Exh. A))
§ 18.19.070 Community and market gardens.
Community and market gardens shall be located, developed, and operated in compliance with the following standards:
A.
Management. A manager shall be designated for each garden who shall serve as liaison between gardeners, property owner(s), and the City.
B.
Hours of Operation. Gardens shall only be tended between dawn and dusk unless additional hours are approved pursuant to an administrative use permit.
C.
Buildings and Structures. Accessory buildings, such as sheds, greenhouses, and hoophouses are allowed and shall comply with the property development standards of the district in which it is located.
F.
Composting.
1.
Compost and compost receptacles shall be located so as not to be visible from a public right-of-way.
2.
Compost and compost receptacles shall be set back a minimum of twenty (20) feet from residential structures.
3.
In residential districts, composting is limited to the materials generated on site and shall be used on site.
G.
Utilities. The land shall be served by a water supply sufficient to support the cultivation practices used on the site.
H.
Produce Stands. Produce stands are permitted on the site of a community or market garden subject to the following regulations:
(Ord. 24-002 § 5 (Exh. A))
§ 18.19.080 Emergency shelters.
Emergency shelters shall be located, developed, and operated in compliance with the following standards:
A.
Location. An emergency shelter shall not be established or operated at any location less than three hundred (300) feet from another emergency shelter.
B.
Staffing. A minimum of one (1) staff member shall be awake and on duty, plus one (1) additional staff or volunteer, on premises when the facility is open. Facility staff shall be trained in operating procedures and safety plans. The facility shall not employ persons who are required to register as a sex registrant under Cal. Penal Code § 290.
C.
Hours of Operation. Each emergency shelter shall establish and maintain set hours of operation for client intake and discharge. These hours shall be clearly displayed at the entrance to the emergency shelter at all times.
D.
Waiting and Reception Area.
1.
A staffed reception area shall be located near the entry to the facility.
2.
For facilities with on-site client intake, an enclosed or screened waiting area must be provided within the premises for clients and prospective clients to ensure that public sidewalks or private walkways are not used as a queuing or waiting area.
3.
The intake and waiting area shall be suitably sized to prevent queuing in the public right-of-way or within any parking lot, but shall occupy a minimum area of four hundred (400) square feet.
E.
Length of Stay. Each emergency shelter resident shall be allowed to stay for no more than one hundred eighty (180) days (cumulative, not consecutive) in a three hundred sixty-five (365) day period.
(Ord. 24-002 § 5 (Exh. A))
§ 18.19.090 Employee housing (for farmworkers).
A.
Six (6) or Fewer Employees. Employee housing providing accommodations for six (6) or fewer employees shall be deemed to be a single-unit structure with a residential land use, and shall be treated the same as a single-unit dwelling of the same type in the same zoning district.
B.
Districts Where Agriculture Uses Are Allowed. The permitted occupancy in employee housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located, and may consist of no more than thirty-six (36) beds in a group quarters or twelve (12) units or spaces designed for use by a single family or household on land zoned for agricultural uses. Such employee housing shall be considered to be an activity that in no way differs from an agricultural use.
(Ord. 24-002 § 5 (Exh. A))
§ 18.19.100 Farmers' markets.
Farmers' markets located on private property shall be located, developed, and operated in compliance with the following standards:
A.
Management Plan. A management plan shall be prepared and provided to the Director. 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.
B.
Hours of Operation. Market activities may be conducted between the hours of 8:00 a.m. and 9:00 p.m. with specific hours and duration to be approved by the City. Setup of market operations cannot begin more than one (1) hour prior to the operational hours of the market and takedown shall be completed within one (1) hour of the close of the market.
C.
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. 24-002 § 5 (Exh. A))
§ 18.19.110 Warehousing, storage, freight/trucking terminals, and distribution facilities.
A.
Facilities of at Least One Hundred Fifty Thousand (150,000) Square Feet. For any warehouse, storage, freight/trucking terminal, distribution center, or similar use of at least one hundred fifty thousand (150,000) square feet in size, the project applicant shall be required to identify the amount of sales tax generation and employment that the proposed use would generate. The sales tax and employment projections shall be an application requirement included in the application materials submitted to the City.
B.
Minimum Economic Impact. Any warehouse, storage, freight/trucking terminal, distribution center or similar use of at least one hundred fifty thousand (150,000) square feet in size shall be subject to a "minimum economic impact" provided to the City of Dixon.
1.
The criteria and definition of "minimum economic impact" shall be established by separate resolution of the City Council and will generally establish: (a) a minimum amount in annual sales tax or other taxes generated by the project and received by the City of Dixon, or (b) a minimum number of part-time and full-time jobs generated by the project.
2.
If the project does not meet the minimum economic impact, the project applicant will be required to enter into an agreement with the City of Dixon setting forth terms that provide offsetting benefits to the City of Dixon. This agreement may take the form of a development agreement, or such other form of agreement approved by the City Manager.
3.
The City Council may waive the requirement for the project applicant to enter into an agreement with the City of Dixon if it finds that the project provides overriding benefits to the City of Dixon.
(Ord. 24-002 § 5 (Exh. A))
§ 18.19.120 Home occupations.
Home occupations shall be located, developed, and operated in compliance with the following standards:
A.
Purpose. The provisions of this section are intended to allow the conduct of home enterprises which are incidental to and compatible with surrounding residential uses.
B.
Applicability. This section applies to home occupations in any residential unit in the City regardless of the zoning district. It does not apply to family day care, which is regulated separately.
C.
Business License Required. Where applicable, a separate City of Dixon business license is required for each home occupation.
D.
Operational Standards. Home occupations shall comply with the following operating standards:
1.
Residential Appearance. The residential appearance of the 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 completely within the enclosed living space of the residence or accessory structure. If the business is conducted within a garage, the use shall not encroach within the required parking spaces for the residence. The vehicle door to the garage shall remain closed while the business activity is being conducted.
3.
Floor Area Limitation. The home occupation shall not occupy an area equivalent to more than twenty-five percent (25%) of the total area of the structure, including the garage.
4.
Storage. There shall be no exterior storage of materials, supplies, and/or equipment for the home occupation.
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.
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.
Equipment. Gasoline and/or diesel powered engines are not allowed, and any mechanical or electrical equipment used in the home occupation shall not use an electrical motor exceeding fifteen (15) amps at one hundred ten (110) volts.
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 it does not create levels of glare, light, noise, electrical interference, dust, heat, odor, solid waste, vibration, or other characteristics in excess of that customarily associated with similar residential uses.
11.
Vehicles. No more than one (1) truck of not more than three-quarter (0.75) ton capacity and no semi-trailers incidental to a home occupation shall be kept on the site.
12.
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.
E.
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" or "Class B" cottage food operations and shall meet the respective health and safety standards set forth in Cal. Health & Safety Code § 114365 et seq.
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 ($50,000) 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 unit, as well as one (1) full-time equivalent cottage food employee, may participate in a cottage food operation.
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.
F.
Prohibited Home Occupations. The following specific uses, either by operation or nature, are not incidental to or compatible with residential activities and shall therefore not be permitted as home occupations:
1.
Adult-oriented businesses;
2.
Animal services;
3.
Automobile/vehicle sales and services;
4.
Contractor shop;
5.
Eating and drinking establishments;
6.
Hotels and motels;
7.
Hospitals and clinics;
8.
Personal services;
9.
Storage, sale, or use of explosive, guns, ammunition, or flammable or hazardous materials; and
10.
Any use not authorized by the Fire Chief.
(Ord. 24-002 § 5 (Exh. A))
§ 18.19.130 Outdoor dining and seating.
Outdoor dining and seating shall be located, developed, and operated in compliance with the following standards:
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 Engineering Department.
B.
Accessory Use. Outdoor dining and seating shall be conducted as an accessory use to a legally established eating and drinking establishment that is located on the same lot.
C.
Review Required.
1.
Design Review. Design review pursuant to Chapter 18.23 DMC, Design Review, is required for all outdoor dining and seating.
2.
Administrative Use Permit. Administrative use permit approval is required for all outdoor dining and seating areas located within fifty (50) feet of a residential district.
D.
Hours of Operation. The hours of operation are limited to the hours of operation of the associated eating and drinking establishment.
E.
Parking. Where an outdoor dining and seating area occupies less than five hundred (500) square feet, additional parking spaces for the associated eating and drinking establishment are not required. Parking shall be provided according to the required ratio in Chapter 18.16 DMC, Parking and Loading, for any outdoor dining and seating area exceeding five hundred (500) square feet.
F.
Litter Removal. Outdoor dining and seating areas shall remain clear of litter at all times.
(Ord. 24-002 § 5 (Exh. A))
§ 18.19.140 Supportive and transitional housing.
A.
Supportive and Transitional Housing, Generally. Pursuant to Cal. Gov't Code § 65583(c)(3), transitional and supportive housing constitutes a residential use and is subject only to those restrictions that apply to other residential uses of the same type in the same zoning district.
B.
Supportive Housing, up to Fifty (50) Units. Pursuant to Cal. Gov't Code § 65651, supportive housing development with up to fifty (50) supportive housing units shall be permitted by right in all zoning districts where multifamily and mixed-use residential development are permitted provided the development satisfies all of the following requirements:
1.
All supportive housing units within the development are subject to a recorded affordability restriction for fifty-five (55) years.
2.
One hundred percent (100%) of the units, excluding managers' units, within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income Californians. For purposes of this subsection, "lower income households" has the same meaning as defined in Cal. Health & Safety Code § 50079.5.
3.
At least twenty-five percent (25%) of the units in the development or twelve (12) units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than twelve (12) units, then one hundred percent (100%) of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing.
4.
The developer shall provide the information required by Cal. Gov't Code § 65652 to the Planning Division.
5.
Nonresidential floor area shall be used for on-site supportive services in the following amounts:
a.
For a development with twenty (20) or fewer total units, at least ninety (90) square feet shall be provided for on-site supportive services.
b.
For a development with more than twenty (20) units, at least three percent (3%) of the total nonresidential floor area shall be provided for on-site supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.
6.
The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in Cal. Gov't Code § 65915(c)(3).
7.
Units within the development, excluding managers' units, include at least one (1) bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.
8.
Notwithstanding any other provision of this section to the contrary, the local government shall, at the request of the project owner, reduce the number of residents required to live in supportive housing if the project-based rental assistance or operating subsidy for a supportive housing project is terminated through no fault of the project owner, but only if all of the following conditions have been met:
a.
The owner demonstrates that it has made good faith efforts to find other sources of financial support.
b.
Any change in the number of supportive service units is restricted to the minimum necessary to maintain project's financial feasibility.
c.
Any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units.
(Ord. 24-002 § 5 (Exh. A))
§ 18.19.150 Telecommunication facilities.
A.
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.
Accessory facilities as follows:
a.
Licensed amateur (ham) radio and citizen band operations.
b.
Handheld, mobile, marine, and portable radio transmitters and/or receivers.
c.
Emergency services radio.
d.
Radio and television mobile broadcast facilities.
e.
Antennas and equipment cabinets or rooms completely located inside of permitted structures or behind, and completely screened by, parapets or other roof elements.
f.
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:
(i)
Residential Districts. A satellite dish that does not exceed forty (40) inches in diameter and is for the sole use of a resident occupying the same residential parcel is permitted anywhere on a lot in the residential district so long as it is affixed to the interior side or rear of a structure, the rear half of the roof of the primary dwelling or garage, or is ground-mounted outside of required front or street side setbacks. Such an antenna may be mounted on a mast provided the overall height of the antenna and its supporting mast does not exceed a height of twelve (12) feet above the roofline.
(A)
The Director may, without public notice or hearing, grant a waiver from the above standards if application of the standards:
(1)
Unreasonably delays or prevents use of a satellite antenna;
(2)
Unreasonably increases the cost of the installation, maintenance or use of a satellite antenna; or
(3)
Precludes a person from receiving or transmitting an acceptable quality signal from an antenna subject to the standards of this section.
(ii)
Nonresidential Districts.
(A)
Satellite Dish Eighty (80) Inches or Less. A satellite dish that does not exceed eighty (80) inches in diameter located anywhere on a lot outside of required setbacks provided the satellite dish does not exceed thirty (30) feet in height. If the dish is roof-mounted, it shall be located as far away from the edges of the roof as possible.
(B)
Satellite Dish Greater Than Eighty (80) Inches. A satellite dish that is greater than eighty (80) inches in diameter that is not located within a required setback and is screened from view from any public right-of-way and residential district.
(iii)
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.
2.
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 with a copy of a current FCC or CPUC permit or a copy of applicable FCC regulations prior to its installation.
3.
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.
4.
Facilities located on City-owned property.
B.
Permit Requirements. At the sole discretion of the Director, technical information submitted as part of a project application may be referred to a technical professional retained by the City to provide independent peer review of information for consistency with the requirements of this chapter. The applicant shall pay the reasonable actual cost and a reasonable administrative fee for hiring a technical professional to provide peer review.
1.
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, negative declaration or mitigated negative declaration was adopted, or an exemption was issued for the wireless telecommunication co-location facility in compliance with the California Environmental Quality Act and the co-location facility incorporates required mitigation measures specified in any applicable environmental impact report, negative declaration, or mitigated negative declaration.
2.
Public Uses and Property. Permitted by right when located on public property and/or located in public uses or the parcel on which a public use is located.
3.
Stealth Facilities.
a.
Nonresidential Districts. Stealth facilities in which the antenna and the support equipment are hidden from view in a structure or concealed as an architectural feature are permitted in all nonresidential districts subject to administrative use permit approval.
b.
Residential Districts. Stealth facilities in which the antenna and the support equipment are hidden from view in a structure or concealed as an architectural feature are permitted in residential districts subject to design review and conditional use permit approval.
4.
Nonstealth Facilities. Permitted in nonresidential districts subject to design review and conditional use permit approval.
C.
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.
No new freestanding facility, including a tower, lattice tower, or monopole, shall be located within one thousand (1,000) feet of another freestanding facility, unless appropriate camouflage techniques have been used to minimize the visual impact of the facility to the extent feasible, and mounting on a building or co-location on an existing pole or tower is not feasible.
b.
All wireless telecommunication facilities shall meet the building setback standards of the district in which they are to be located, or be set back a minimum of ten (10) feet from the property line, whichever results in the greater setback.
c.
When feasible, providers of personal wireless services shall co-locate facilities in order to reduce adverse visual impacts. The Director 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.
d.
When determined to be feasible and consistent with the purposes and requirements of this section, the Director shall require the applicant to make unused space available for future co-location of other telecommunication facilities, including space for different operators providing similar, competing services.
2.
Support Structures. Support structures for telecommunication facilities may be any of the following:
a.
An existing nonresidential building.
b.
An existing structure other than a building, including, but not limited to, light poles, electric utility poles, water towers, lattice towers, and flagpoles. This term includes 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.
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 (1) 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. Telecommunications facilities may exceed the height limit of the base zoning district in which it is located a maximum of fifteen (15) feet unless additional height is specifically allowed pursuant to design review and conditional use permit approval.
4.
Design and Screening. Telecommunication facility structures and equipment shall be located, designed and screened to blend with the existing natural or built surroundings, as well as any existing support structures, so as to reduce visual impacts to the extent feasible.
a.
Stealth Facilities. State of the art stealth design technology shall be utilized as appropriate to the site and type of facility. Where no stealth design technology is proposed for the site, a detailed analysis as to why stealth design technology is physically and technically infeasible for the project shall be submitted with the application.
b.
Other Facility Types. If a stealth facility is not feasible, the order of preference for facility type is, based on their potential aesthetic impact: facade-mounted, roof-mounted, ground-mounted, and freestanding tower or monopole. A proposal for a new ground-mounted or freestanding tower shall include factual information to explain why other facility types are not feasible.
c.
Minimum Functional Height. All freestanding antennas, monopoles, and lattice towers shall be designed to be the minimum functional height and width required to support the proposed antenna installation, unless it can be demonstrated that a higher antenna, monopole, or tower will facilitate co-location.
d.
Camouflage Design. Telecommunication facilities that are mounted on buildings or structures shall be designed to match existing architectural features, incorporated in building design elements, camouflaged, or otherwise screened to minimize their appearance in a manner that is compatible with the architectural design of the building or structure.
e.
Equipment Cabinets. Equipment cabinets shall be located within the building upon which antennas are placed, if technically feasible. Otherwise, equipment cabinets and 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 comply with DMC § 18.17.110, Noise. Backup generators shall only be operated during power outages and/or for testing and maintenance purposes Monday through Friday between the hours of 9:00 a.m. and 4:00 p.m.
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 those 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. 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 (1) hour fire resistant interior surfaces shall be used in the construction of all buildings.
b.
The exterior walls and roof covering of all aboveground equipment shelters and cabinets shall be constructed of materials rated as nonflammable in the building code.
c.
Monitored automatic fire extinguishing systems shall be installed in all equipment buildings and enclosures.
d.
Openings in all aboveground equipment shelters and cabinets shall be protected against penetration by fire and wind-blown embers to the extent feasible.
9.
Surety Bond. As a condition of approval, an applicant for a building permit to erect or install a telecommunication facility shall be required to post a cash or surety bond in a form and amount acceptable to the City Attorney to cover removal costs of the facility in the event that its use is abandoned or the approval is otherwise terminated.
D.
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 (1) or more of the following findings:
4.
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.
E.
Vacation and Removal of Facilities. The service provider shall notify the Director of the intent to vacate a site at least thirty (30) days prior to the vacation. The operator of a telecommunications facility shall remove all unused or abandoned equipment, antennas, poles, or towers within sixty (60) days of discontinuation of the use and the site shall be restored to its original, preconstruction condition.
(Ord. 24-002 § 5 (Exh. A))
§ 18.19.160 Temporary uses.
This section establishes standards for certain uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the site where they occur.
A.
Applicability. 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. Temporary uses in the public right-of-way require an encroachment permit from the Engineering Department.
B.
Business License Required. Where applicable, a separate City of Dixon business license is required for each vendor.
C.
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.
Fireworks Stands. Any fireworks stand within the City shall require an operational permit for explosives issued by the Dixon Fire Department, subject to the standards contained in the fire code and local fire amendments along with the zoning standards provided below.
a.
No zoning permit is required; all review and standards will be established by the explosive operational permit issued by the Fire Department.
b.
All retail sales of safe and sane fireworks shall be permitted from within a temporary fireworks stand only. The retail sale of fireworks from any other building or structure is prohibited.
c.
No fireworks stand may be erected before June 23rd, or by any person not affiliated with a nonprofit organization to which a fireworks sales permit has been issued.
d.
Fireworks stands must be located on lots that have an all-weather surface and adequate off-street parking to meet the requirements of any existing use or uses as well as the fireworks stand.
f.
Fireworks stands shall not be located closer than three hundred (300) feet apart, unless separated by a major arterial roadway.
g.
Fireworks stands shall comply with current adopted National Fire Protection Association Standard NFPA 1124, Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles.
h.
Fireworks stands shall not be located within twenty-five (25) feet of any other building or structure.
i.
No fireworks shall be located within one hundred (100) feet of a location where gasoline or any other flammable liquids are stored or dispensed.
j.
All weeds or other vegetation and combustible material shall be cleared from the location of the fireworks stand, up to a distance of at least twenty-five (25) feet surrounding the fireworks stand.
k.
No later than July 10th of each calendar year, each fireworks stand shall be completely removed and the premises upon which it was located shall be cleared of all debris and restored to the condition it was in prior to the establishment of the fireworks stand.
l.
Fireworks stands shall be permitted to have no more than two (2) double-sided signs with a maximum area of sixty-four (64) square feet per side. All such signs shall be located on the same site as the fireworks stand they identify or advertise. Signs may not be placed in such a manner as to interrupt the normal flow of vehicle or pedestrian traffic or to cause any sight distance problems for such traffic. Placement of such signs shall be subject to the review and approval of the Fire Chief, the Community Development Department and the Police Department. In no case shall the sign placement interfere with traffic or any other safety-related concern. The above-described signs may be displayed from June 23rd through the end of sales on July 4th.
2.
Yard/Garage Sales. Sales of personal property conducted by a resident of the premises with a maximum term of two (2) consecutive days and occurring no more than two (2) times in any six (6) month period.
3.
Nonprofit Fund Raising. Fund raising activities by tax exempt organizations pursuant to Section 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.
4.
Temporary Construction Office. On-site temporary construction offices during the period of construction. The temporary construction office shall be removed or converted to a permitted use prior to issuance of a certificate of use and occupancy for the main building or buildings.
5.
Sales Offices and Model Homes. Model homes with sales offices and temporary information/sales offices in new residential developments, subject to the following requirements:
a.
Minimum Size of Residential Development. The residential development area shall be five (5) acres or more in size.
b.
Location. Model homes and sales offices shall be located a minimum of two hundred (200) feet from any existing residential dwelling outside the subdivision.
c.
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 (6) 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 term period of three (3) years or until completion of the sale of the lots or units, whichever comes first.
d.
Type of Sales. Real estate sales conducted from a temporary sales office are limited to sales of lots or units within the development.
e.
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.
D.
Temporary Uses Requiring a Temporary Use Permit. Other temporary uses may be permitted pursuant to Chapter 18.25 DMC, Temporary 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.
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 zoning districts.
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 fourteen (14) days after the end of sales, and the appearance of the site shall be returned to its original state.
2.
Agricultural Produce Stands. Agricultural produce stands subject to the following regulations:
a.
Location. Agricultural produce stands are limited to the RL, CS, and CR districts.
b.
Maximum Size. Limited to one hundred twenty (120) square feet unless a larger size is approved pursuant to an administrative use permit.
c.
Sales. Product sales are limited to produce and value-added products grown and produced within the City of Dixon or Solano County.
d.
Duration. The temporary use permit shall identify the maximum duration of the agricultural produce stand, which shall be no more than ninety (90) days.
e.
Removal. Agricultural produce stands shall be dismantled and removed from the site with five (5) days of expiration of the temporary use permit authorizing the agricultural produce stand.
3.
Special Events. Short-term special events 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 (6) events at one (1) site, or two (2) events per business, whichever is greater, shall be allowed within any twelve (12) month period.
c.
Duration. The maximum duration of a single event is five (5) consecutive days, with a minimum of fourteen (14) days between each event.
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.
Vehicle Attendance and Storage. 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 thirty (30) days total in any twelve (12) month period unless authorized through an administrative use permit.
c.
Displaced Parking. Mobile food service may displace up to three (3) required nonresidential parking spaces for a maximum of four (4) hours per day per parking lot; provided, that no more than ten percent (10%) 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 Community Development Director.
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 an Administrative 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 an administrative 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. 24-002 § 5 (Exh. A))