Consider and adopt, reject or modify proposed amendments to the zoning code and zoning map and any associated environmental documents, following a public hearing and recommendation by the Planning Commission, pursuant to Chapter 18.29 DMC, Amendments.

Consider and adopt, reject, or modify development agreements, following a public hearing and recommended action by the Planning Commission, pursuant to Chapter 18.30 DMC, Development Agreements.

Hear and decide appeals from decisions of the Planning Commission pursuant to DMC § 18.21.120, Appeals.

Establish, by resolution, a municipal fee schedule listing fees, charges, and deposits for various applications and services provided, pursuant to this code.

Annually review progress towards implementation of the General Plan and make recommendations to the City Council based on any new legislation, development trends, or changing economic, social, and environmental conditions.

Approve, modify, or deny conditional use permits and variances, pursuant to Chapter 18.24 DMC, Use Permits, and Chapter 18.28 DMC, Variances.

Conduct design review for certain projects, pursuant to Chapter 18.23 DMC, Design Review.

Make recommendations to City Council on proposed amendments to the zoning code and zoning map and environmental documents related to any of the foregoing, pursuant to Chapter 18.29 DMC, Amendments.

Make recommendations to the City Council on development agreements, pursuant to Chapter 18.30 DMC, Development Agreements.

Hear and decide appeals from decisions of the Community Development Director, pursuant to DMC § 18.21.120, Appeals.

Hear and decide proposals to revoke permits, pursuant to DMC § 18.21.110, Revocation of permits.

Make environmental determinations on any approvals within the Planning Commission's jurisdiction that are subject to environmental review under the California Environmental Quality Act, pursuant to State law.

Such other powers and responsibilities as assigned or directed by the City Council.

Perform all of the functions designated by State law, including, but not limited to, an annual report related to implementation of the General Plan in compliance with Cal. Gov't Code § 65400.

Maintain and administer the zoning code, including the processing of applications, abatements, and other enforcement actions.

Interpret the zoning code as needed for members of the public and other City departments.

Prepare rules and procedures necessary for conducting the Director's business. They may include the administrative details of hearings officiated by the Director (e.g., scheduling, rules of procedure, and recordkeeping). These rules and procedures must be approved by City Council resolution, following review and recommendation by the Planning Commission.

Issue administrative regulations for the submission and review of applications subject to the requirements of Cal. Gov't Code § 65950, Deadlines for Project Approval Conformance; Extensions.

Review applications for permits and licenses for conformance with this code and issue a zoning clearance when the proposed use, activity or building is allowed by right and conforms to all applicable development and use standards.

Approve, modify, or deny administrative use permits, pursuant to Chapter 18.24 DMC, Use Permits.

Approve, modify, or deny temporary use permits, pursuant to Chapter 18.25 DMC, Temporary Use Permits.

Approve, modify, or deny a modification, pursuant to Chapter 18.26 DMC, Modifications.

Approve, modify, or deny requests for reasonable accommodation for land use projects, pursuant to Chapter 18.27 DMC, Reasonable Accommodation.

Conduct design review and approve, modify, or deny land use projects pursuant to Chapter 18.23 DMC, Design Review.

Approve, modify, or deny requests for extensions for land use projects, pursuant to DMC § 18.21.090, Effective dates – Expiration and extension.

Decide requests for minor revisions to approved permits, pursuant to DMC § 18.21.100, Revisions to an approved permit.

Refer items to the Planning Commission where, in the Director's opinion, the public interest would be better served by a Planning Commission public hearing and action.

Determine whether a project is subject to review under the California Environmental Quality Act and notify the applicant if any additional information is necessary to conduct the review.

Make recommendations to the Planning Commission and City Council on all applications, appeals, and other matters upon which they have the authority and the responsibility to act under this code.

Investigate and report to the Planning Commission on permit violations when the City has initiated revocation procedures, pursuant to DMC § 18.21.110, Revocation of permits.

Delegate administrative functions to members of the Planning Division.

Other duties and powers as may be assigned by the City Council or established by legislation.

Applicant. The owner of property or the owner's authorized agent. If the application is made by someone other than the owner or the owner's agent, proof of the right to use and possess the property as applied for, satisfactory to the Community Development Director, shall accompany the application.

Application Materials.

Multiple Applications.

Application Fees.

Initial Completeness Review. The Director shall determine whether an application for a discretionary land use or development permit is complete within thirty (30) days of the date the application is filed and required fee received. The thirty (30) day completeness review period does not apply to legislative land use decisions such as amendments or prezoning.

Referral of Application. At the discretion of the Director, or where otherwise required by this code, State or Federal law, any application filed in compliance with this code may be referred to any City department, public agency, or interest group that may be affected by or have an interest in the proposed land use project.

Extensions. The Director may, upon written request from the applicant and for good cause, grant extensions of any time limit for completeness review of applications imposed by this code.

Mailed Notice. At least ten (10) days before the date of the public hearing or the date of action when no public hearing is required, the City Clerk shall provide notice by first class mail delivery to the following:

Newspaper Notice. At least ten (10) days before the date of the public hearing or the date of action when no public hearing is required, notice shall be published in at least one (1) newspaper of general circulation in the City.

Contents of Notice. The notice shall include the following information:

Failure to Notify Individual Properties. The validity of the proceedings shall not be affected by the failure of any property owner, resident, or community organization to receive a mailed notice.

Generally. Hearings shall be conducted pursuant to procedures adopted by the hearing body. Hearings are not required to be conducted according to technical rules relating to evidence and witnesses.

Scheduling. Hearings before the City Council shall be scheduled by the City Clerk. All other hearings shall be scheduled by the Director.

Presentation. An applicant or an applicant's representative may make a presentation of a proposed project.

Public Hearing Testimony. Any person may appear at a public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing representing an organization shall identify the organization being represented.

Time Limits. The presiding officer may establish time limits for individual testimony and require that individuals with shared concerns select one (1) or more spokespersons to present testimony on behalf of those individuals.

Continuance of Public Hearing. The body conducting the public hearing may by motion continue the public hearing to a fixed date, time, and place without providing further notice or may continue the item to an undetermined date and provide notice of the continued hearing.

Investigations. The body conducting the hearing may cause such investigations to be made as it deems necessary and in the public interest in any matter to be heard by it. Such investigation may be made by a committee of one (1) or more members of the hearing body or by City staff. The facts established by such investigation shall be submitted to the hearing body either in writing, to be filed with the records of the matter, or in testimony before the hearing body, and may be considered by the body in making its decision.

Decision. The public hearing shall be closed before a vote is taken.

Date of Action. The review authority shall decide to approve, modify, revoke, or deny any discretionary permit following the close of the public hearing, or if no public hearing is required, within the time period set forth below. These deadlines do not apply to any action that has been appealed to the City Council in accordance with DMC § 18.21.120, Appeals. Time extensions may be granted pursuant to DMC § 18.21.090, Effective dates – Expiration and extension.

Notice of Action. After the Director or Planning Commission takes any action to approve, modify, or deny an application that is subject to appeal under the terms of this code, the Director shall issue a notice of action. The notice shall describe the action taken, including any applicable conditions, and shall list the findings that were the basis for the decisions. The Director shall mail the notice to the applicant and to any other person or entity that has filed a written request for such notification with the Planning Division.

Findings. Findings, when required by State law or this code, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action on the permit.

Scope. The scope of approvals includes only those uses and activities proposed in the application, excluding other uses and activities. Unless otherwise specified, the approval of a new use shall terminate all rights and approvals for previous uses no longer occupying the same site or location.

Conditions. The use and development of a site shall be consistent with all applicable conditions of approval imposed by the decision-making body. The site plan, floor plans, building elevations, and/or any additional information or representation, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process shall be deemed conditions of approval. Any approval may be subject to requirements that the applicant guarantees, warranties, or ensures compliance with submitted plans and conditions in all respects.

Actions Voiding Approval. If the construction of a building or structure or the use established is contrary to the description or illustration in the application, to either violate any provision of this code or require additional permits, then the approval shall be deemed null and void.

Periodic Review. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring, or assessments, it shall be the responsibility of the permit holder, the property owner, or successor property owners to comply with such conditions.

Effective Dates. A decision shall be effective on the date of action except as provided below.

Expiration. The review authority, in the granting of any permit, may specify a time, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare, within which the proposed use must be undertaken and actively and continuously pursued. If no time period is specified, any permit granted under this code shall automatically expire when no project or use has been exercised or extended within two (2) years after the date of the approval, except as provided below.

Exercise of Permit.

Lapse. When a permit has been exercised, it shall remain valid and in force unless the use or structure authorized by the permit is removed from the site or remains vacant and unused for its authorized purpose, or is abandoned or discontinued for a period greater than twelve (12) consecutive months, in which case the permit may be revoked in accordance with DMC § 18.21.110, Revocation of permits. No use of land or structure, the permit for which has lapsed in compliance with this section and has been revoked in compliance with DMC § 18.21.110, Revocation of permits, shall be reactivated, reestablished, or used unless a new permit is first obtained.

Minor Revisions. The Community Development Director may approve minor revisions and technical changes to approved plans, permits, and conditions of approval that are consistent with the scope and findings of the original approval, do not substantially expand the approved floor area, number of employees, or other components of the use or improvement, and would not intensify any potentially detrimental effects of the project.

Major Revisions. A request for revisions to conditions of approval of a discretionary permit, a revision to an approved site plan or building plan that would affect a condition of approval, or a revision that would intensify a potential impact of the project shall be treated as a new application and shall be decided on by the same review authority as the approved permit.

Initiation of Proceeding. Revocation proceedings may be initiated by the City Council, Planning Commission, or Director.

Public Notice, Hearings, and Action. After conducting a duly noticed public hearing, the Planning Commission shall act on the proposed revocation, pursuant to this chapter.

Required Findings. The Planning Commission may revoke or modify the permit if it makes any of the following findings:

Notice of Action. Following Planning Commission action to revoke or modify a permit, the Director shall issue a notice of action within seven (7) days. The notice shall describe the Commission's action with its findings. The Director shall mail notice to the permit holder and to any person or entity who requested the revocation proceeding.

Appeals. Revocation decisions are subject to the appeal provisions of DMC § 18.21.120, Appeals.

Applicability. Any action by the Director or Planning Commission in the administration or enforcement of the provisions of this code may be appealed in accordance with this section.

Rights of Appeal. Appeals may be filed by any person aggrieved by a decision that is subject to appeal under the provisions of this code. A "person aggrieved by a decision" can include, but is not limited to, the applicant, the owner of property, a member of the public, or any member of the City Council.

Time Limits. Unless otherwise specified in State or Federal law, all appeals shall be filed in writing within ten (10) calendar days of the date on which the action was taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the City is closed, the appeal period shall end at the close of business on the next consecutive business day.

Procedures.

Standards of Review. When reviewing any decision on appeal, the appeal body shall use the same standards for decision-making required for the original decision. The appeal body may adopt the same decision and findings as were originally approved; it also may request or require changes to the application as a condition of approval.

Public Notice and Hearing. Public notice shall be provided and the hearing conducted by the applicable appeal body pursuant to this chapter. Notice of the hearing shall also be given to the applicant and party filing the appeal and any other interested person who has filed with the City Clerk a written request for such notice. In the case of an appeal of a Planning Commission decision, notice of such appeal shall also be given to the Planning Commission. The Planning Commission may be represented at the hearing.

Action. An action to grant an appeal shall require a majority vote of the hearing body members in attendance at the hearing. A tie vote shall have the effect of rejecting the appeal.

Exceptions. No zoning clearance shall be required for the continuation of previously approved or permitted uses and structures or for uses and structures that are not subject to any building or zoning regulations.

Application. Applications and fees for a zoning clearance shall be submitted in accordance with the provisions set forth in DMC § 18.21.020, Application forms and fees. A building permit application or business license application may serve as an application for a zoning clearance.

Determination. If the Director determines that the proposed use or building is allowed as a matter of right by this code and conforms to all the applicable development and use standards, the Director shall issue a zoning clearance. An approved zoning clearance may include attachments of other written or graphic information, including, but not limited to, statements, numeric data, site plans, floor plans, and building elevations and sections, as a record of the proposal's conformity with the applicable regulations of this code. Prior to issuing any building permit, subdivision approval, or lot line adjustment, the Director shall review the application to determine whether the use, building, or change in lot configuration complies with all provisions of this code or any applicable design review, use permit, or other discretionary land use approval and that all conditions of such permits and approvals have been satisfied.

Provide reasonable controls over the design of structures and the layout of sites, while recognizing the individualized nature of architecture;

Promote excellence in site planning and design and the harmonious appearance of buildings and sites;

Ensure that new and altered uses and development will be compatible with the existing and potential development of the surrounding area; and

Supplement other City regulations and standards in order to ensure control of aspects of design that are not otherwise addressed.

Design Review Required. Unless exempted pursuant to State law, design review is required as specifically stated in any section of this code, and for projects that include the following:

City Council. The City Council shall have design review authority for any development consisting of more than seventy-five thousand (75,000) square feet of new nonresidential floor area.

Planning Commission. The Planning Commission shall have design review authority for the following projects:

Community Development Director.

Application. Applications and fees for design review shall be submitted in accordance with the provisions set forth in DMC § 18.21.020, Application forms and fees.

Concurrent Processing. When a development project requires a use permit, variance, or any other discretionary approval, the design review application shall be submitted as a part of the application for the underlying permit, use permit, or variance.

Public Notice.

Public Hearing.

Design Review Considerations. Design review shall be based on consideration of the requirements of this chapter as they apply to the design of the site plan, structures, landscaping, and other physical features of a proposed project, including:

Reduction in Density. Design review shall not result in a reduction in the residential density.

The overall design of the project including its scale, massing, site plan, exterior design, and landscaping will enhance the appearance and features of the project site and surrounding natural and built environment.

The project design is appropriate to the function of the project and will provide an attractive and comfortable environment for occupants, visitors, and the general community.

Project details, materials, signage and landscaping, are internally consistent, fully integrated with one another, and used in a manner that is visually consistent with the proposed architectural design.

The design of streetscapes, including street trees, lighting, and pedestrian furniture, is consistent with the intended character of the area.

Parking areas and other hardscape areas are designed and developed to buffer surrounding land uses; complement pedestrian-oriented development; minimize stormwater run-off; and achieve a safe, efficient, and harmonious development.

Lighting and lighting fixtures are designed to complement buildings, be of appropriate scale, provide adequate light over walkways and parking areas to create a sense of pedestrian safety and avoid creating glare.

Landscaping is designed to be compatible with and enhance the architectural character and features of the buildings on site, and help relate the building to the landscape that is appropriate to the Dixon context.

Appeals. Design review decisions are subject to the appeal provisions of DMC § 18.21.120, Appeals.

Expiration, Extensions and Revisions. Design review approval is effective and may only be extended or revised as provided for in Chapter 18.21 DMC, Common Procedures.

Revocation. Design review approval may be revoked pursuant to DMC § 18.21.110, Revocation of permits, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.

Conditional Use Permits. The Planning Commission shall act as the review authority for conditional use permits based on consideration of the requirements of this chapter.

Administrative Use Permits. The Community Development Director shall act as the review authority for administrative use permits based on consideration of the requirements of this chapter. The Director may refer any application for an administrative use permit for a project that may generate substantial public controversy or involve significant land use policy decisions to the Planning Commission for decision. In that case, the application shall be processed as a conditional use permit.

Application. Applications for use permits shall be filed with the Planning Division on the prescribed application forms. In addition to any other application requirements, the application for a use permit shall include data or other evidence in support of the applicable findings required by DMC § 18.24.050, Required findings.

Public Notice and Hearing.

The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this code and all other titles of the Dixon Municipal Code;

The proposed use is consistent with the General Plan and any applicable specific plan;

The proposed use will not be averse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;

The proposed use complies with any design or development standards applicable to the zone or the use in question, unless waived or modified pursuant to the provisions of this code;

The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses and circulation in the vicinity; and

The site is physically suitable for the type of the use being proposed, including access, utilities, and the absence of physical constraints.

Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council;

Achieve the general purposes of this code or the specific purpose of the zone in which the project is located;

Achieve the findings for a use permit listed in DMC § 18.24.050, Required findings; or

Mitigate any potentially significant impacts identified because of environmental review conducted in compliance with the California Environmental Quality Act.

Appeals. Use permit decisions are subject to the appeal provisions of DMC § 18.21.120, Appeals.

Expiration, Extensions and Revisions. Use permit approval is effective and may only be extended or revised as provided for in Chapter 18.21 DMC, Common Procedures.

Revocation. Use permit approval may be revoked pursuant to DMC § 18.21.110, Revocation of permits, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.

The proposed use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the City; and

The proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use, and will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas.

Regulation of ingress, egress, and traffic circulation;

Regulation of fire protection and access for fire vehicles;

Regulation of lighting and signage;

Regulation of hours of operation, staffing, or other aspects of the use; and

Removal of all trash, debris, temporary structures and electrical service.

Appeals. Temporary use permit decisions are subject to the appeal provisions of DMC § 18.21.120, Appeals.

Expiration, Extensions and Revisions. Temporary use permit approval is effective and may only be extended or revised as provided for in Chapter 18.21 DMC, Common Procedures.

Revocation. Temporary use permit approval may be revoked pursuant to DMC § 18.21.110, Revocation of permits, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.

Dimensional Requirements. Relief from requirements of property development standards specified in this code, not to exceed twenty percent (20%) of the requirement.

Specific Allowances. Modifications may be granted as specifically identified in any other section of this code, as identified in that section.

Exclusions. Modifications shall not be granted for use related standards or residential density.

Concurrent Processing. If a request for a modification is being submitted in conjunction with an application for another approval, permit, or entitlement that requires Planning Commission action, it shall be heard and acted upon at the same time and in the same manner as that application.

Application. An application for a modification shall be filed with the Planning Division in accordance with DMC § 18.21.020, Application forms and fees. The application shall state in writing the nature of the request and explain how the required findings are satisfied. The applicant shall also submit plans delineating the requested modification.

Public Notice and Hearing. Modifications do not require a public hearing or notice.

The proposed modification will be at least as effective in achieving the objectives of the base standard;

There are no alternatives to the requested modification that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the public;

The modification is in keeping with the character of the surrounding built environment; and

The granting of the requested modification would not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this code.

Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council;

Achieve the general purposes of this code or the specific purposes of the zone in which the project is located;

Achieve the findings for a modification granted; or

Mitigate any potentially significant impacts identified because of review conducted in compliance with the California Environmental Quality Act (CEQA).

Appeals. Modification decisions are subject to the appeal provisions of DMC § 18.21.120, Appeals.

Expiration, Extensions and Revisions. Modification approval is effective and may only be extended or revised as provided for in Chapter 18.21 DMC, Common Procedures.

Revocation. Modification approval may be revoked pursuant to DMC § 18.21.110, Revocation of permits, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.

A request for reasonable accommodation may be made by any person with a disability, their representative, or any other entity, when the application of zoning law or other land use regulation, policy, or procedure acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one (1) or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment. This chapter is intended to apply to those persons who are defined as disabled under the Acts.

A request for reasonable accommodation may include a change or exception to the practices, rules, and standards for the development, siting, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

Application. Requests for reasonable accommodation shall be submitted on an application form provided by the Community Development Director, or in the form of a letter to the Director, and shall contain the following information:

Public Noticing and Public Hearing Not Required. No noticing or public hearing are required for a reasonable accommodation request.

Decision. The Community Development Director shall make a written determination within thirty (30) days of the application being deemed complete and either approve, modify, or deny a request for reasonable accommodation in compliance with DMC § 18.27.050, Required findings.

The housing which is the subject of the request will be used by an individual defined as disabled under the Acts;

The request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts;

The conditions imposed, if any, are necessary to further a compelling public interest and represent the least restrictive means of furthering that interest; and

The denial of the reasonable accommodation request would conflict with any State or Federal statute requiring reasonable accommodation to provide access to housing.

Appeals. Reasonable accommodation decisions may be appealed as provided for in DMC § 18.21.120, Appeals.

Expiration, Extensions, and Revisions. Reasonable accommodations may only be expired, extended or revised as provided for in Chapter 18.21 DMC, Common Procedures. A reasonable accommodation shall terminate if the accommodation is no longer required, or if the recipient of the accommodation no longer resides at the property.

Revocation. Reasonable accommodation approval may be revoked pursuant to DMC § 18.21.110, Revocation of permits, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.

Application. Applications for a variance shall be filed with the Planning Division on the prescribed application forms in accordance with the procedures in DMC § 18.21.020, Application forms and fees. In addition to any other application requirements, the application for a variance shall include evidence showing that the requested variance conforms to the required findings set forth in DMC § 18.28.050, Required findings.

Public Notice and Hearing. All applications for variances require public notice and hearing before the Planning Commission pursuant to Chapter 18.21 DMC, Common Procedures.

There are unique, exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the vicinity and identical zone, and that the granting of a variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone;

The granting of the application is necessary to prevent a physical hardship which is not of the applicant's own actions or the actions of a predecessor in interest;

The granting of the application will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; and

The granting of the variance will be consistent with the general purposes and objectives of this code, any applicable specific plans, and the General Plan.

Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council;

Achieve the general purposes of this code or the specific purposes of the zone in which the project is located;

Achieve the findings for a variance granted; or

Mitigate any potentially significant impacts identified because of review conducted in compliance with the California Environmental Quality Act (CEQA).

Appeals. Variance decisions are subject to the appeal provisions of DMC § 18.21.120, Appeals.

Expiration, Extensions and Revisions. Variance approval is effective and may only be extended or revised as provided for in Chapter 18.21 DMC, Common Procedures.

Revocation. Variance approval may be revoked pursuant to DMC § 18.21.110, Revocation of permits, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.

Application. A qualified applicant shall submit an application accompanied by the required fee, pursuant to Chapter 18.21 DMC, Common Procedures. The Planning Division may require an applicant to submit such additional information and supporting data as considered necessary to process the application. Amendments to the zoning code and zoning map are to be processed concurrently with other applications.

Staff Report. The Community Development Director shall prepare a report and recommendation to the Planning Commission on any amendment application. The report shall include, but is not limited to, a discussion of how the proposed amendment is consistent with the General Plan and an environmental document prepared in compliance with the California Environmental Quality Act (CEQA).

Public Hearing and Notice. All amendments to the zoning code and zoning map shall be referred to the Planning Commission, which shall conduct at least one (1) public hearing on any proposed amendment. At least ten (10) days before the date of any public hearing, the City shall provide notice as provided for in DMC § 18.21.050, Public notice.

Planning Commission Hearing. Before submitting a recommendation report to the City Council, the Planning Commission shall conduct at least one (1) public hearing in accordance with DMC § 18.21.060, Conduct of public hearings.

Recommendation to City Council. Following the public hearing, the Planning Commission shall make a recommendation on the proposed amendment to the City Council. Such recommendation shall include the reasons for the recommendation, findings related to General Plan consistency, and a discussion of the relationship of the proposed amendment to other adopted documents. The recommendation shall be transmitted to the City Council with a copy of the approved minutes from the Planning Commission hearing.

City Council Hearing. After receiving the recommendation from the Planning Commission, the City Council shall hold a hearing in accordance with DMC § 18.21.060, Conduct of public hearings. The notice for the hearing shall include a summary of the Planning Commission recommendation.

City Council Action. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed amendment. An approved amendment shall be adopted by ordinance. If the Council proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within forty (40) days after the referral shall be deemed a recommendation for approval and the amendment shall be returned to Council for adoption.

Reduce the uncertainty in the approval of development projects that can result in a waste of resources that can escalate the cost of housing and other development.

Encourage the investment in and commitment to comprehensive planning in order to maximize the efficient utilization of resources at the least cost to the public.

Provide assurances to the applicant for a development project that, upon approval of the project, the applicant may proceed with the project in accordance with the terms and conditions of a negotiated development agreement, and subject to the conditions of approval adopted by the Planning Commission and City Council, as applicable.

Promote the timely financing and construction of adequate public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities prior to the development of new housing.

Increase the community benefit derived from new development beyond the level that can be achieved through the traditional land use regulatory process.

Allow greater flexibility and creativity in advancing the City's land use policies.

An applicant may propose that the City enter into a development agreement pursuant to Cal. Gov't Code Article 2.5, Title 7, commencing with § 65864, by filing an application with the Planning Department and demonstrating that the project satisfies the eligibility requirements of this section. The form of said application shall be established by the Director or the City Manager.

Applicant. An application may be filed only by the property owner or other person having a legal or equitable interest in the property that is subject to the development agreement or by that person's authorized agent. The term "applicant" shall also include any successor in interest to the property owner, or successor in interest to any person having a legal or equitable interest in the property.

Eligibility Requirements. The City Council finds that it may be in the City's best interest to enter into a development agreement when the construction of the project will be phased over a several-year period, is a large-scale development, shall occupy substantial acreage, or in some other way requires long-term certainty on the part of the developer and the City. A development agreement may be required for projects where the Director or City Manager, in their discretion, determines that a development agreement is necessary due to the aforementioned factors or any other factors which the Director or City Manager deem relevant.

Development agreements shall include terms relating the following:

Development agreements may include additional terms, conditions and restrictions in addition to those listed in subsection A of this section, including, but not limited to:

A development agreement is a legislative act that shall be approved by ordinance and is subject to referendum.

A development agreement shall not be approved unless the City Council finds that the provisions of the agreement are consistent with the General Plan and any applicable specific plan.

A development agreement that includes a subdivision, as defined in Cal. Gov't Code § 66473.7, shall not be approved unless the agreement provides that any tentative map prepared for the subdivision will comply with the provisions of Cal. Gov't Code § 66473.7.

A development agreement is a legislative act and shall be enacted by ordinance only after a public hearing before the City Council is held in accordance with the provisions of Dixon Municipal Code.

No later than ten (10) days after the execution of a development agreement by the City, the City Clerk shall record with the County Recorder a copy of the agreement, which shall describe the land subject thereto. From and after the time of such recordation, the agreement shall impart such notice thereof to all persons as is afforded by the recording laws of this State. The burdens of the agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement.

Time for and Initiation of Review.

Finding of Compliance. If the City Manager or Director, on the basis of substantial evidence, finds compliance by the developer with the provisions of the development agreement, the City Manager or Director shall issue a written finding of compliance.

Finding of Noncompliance.

Appeal of Determination. Within ten (10) days after issuance of a finding of compliance or a finding of noncompliance, any interested person may file a written appeal of the finding with the City Council. The appellant shall pay fees and charges for the filing and processing of the appeal in amounts established by resolution of the City Council. The appellant shall specify the reasons for the appeal. The issuance of a finding of compliance or finding of noncompliance by the City Manager or Director and the expiration of the appeal period without appeal, or the confirmation by the City Council of the issuance of the finding on such appeal, shall conclude the review for the applicable period and such determination shall be final.

Referral to the Planning Commission. The City Manager or Director may refer any review to be conducted hereunder to the Planning Commission. Such referral shall be made together with a staff report of the City Manager or Director's preliminary findings. Upon such referral, the Planning Commission shall conduct a noticed public hearing to determine the good faith compliance by the developer with the terms of the development agreement in accordance with the provisions contained herein and shall direct the issuance of a certificate of compliance upon a finding of good faith compliance or make the determination of noncompliance on the basis of substantial evidence. Any such decision by the Planning Commission shall be subject to appeal to the City Council in the same manner as any other such decision.

Cancellation or Modification by Mutual Consent. Any development agreement may be canceled or modified by mutual consent of the parties, but only in the manner provided in Cal. Gov't Code § 65868. Any proposal to cancel or modify a development agreement shall be heard and determined in accordance with the same procedures specified in this section for approval of a development agreement. A development agreement may also specify procedures for administrative approval of minor amendments by mutual consent of the developer and the City Manager.

Termination or Modification After Finding of Noncompliance. If a finding of noncompliance does not include terms of compliance, or if applicant does not comply with the terms of compliance within the prescribed time limits, the City Manager may refer the development agreement to the City Council for termination or modification. The City Council shall conduct a public hearing. After the public hearing, the City Council may terminate the development agreement, modify the finding of noncompliance, or rescind the finding of noncompliance, and issue a finding of compliance.

Rights of the Parties After Cancellation or Termination. In the event that a development agreement is canceled or terminated, all rights of the developer, property owner, or successors in interest under the development agreement shall terminate.

Interpretation. This section governs the interpretation of any development agreement approved under this chapter.

Enforcement of a Development Agreement. The procedures for enforcement, amendment, modification, cancellation or termination of a development agreement specified in this chapter and in Cal. Gov't Code § 65868 are nonexclusive. A development agreement may be enforced, amended, modified, canceled or terminated by any manner otherwise provided by law or by the provisions of the development agreement.

Severability Clause. Should any provision of a development agreement entered into after the effective date of this chapter be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of the development agreement shall remain in full force and effect unimpaired by the holding, except as may otherwise be provided in the development agreement.

Notice Requirements. The notice requirements contained in DMC § 18.30.050 are directory and not mandatory. The failure of any person to receive notice required by law or this section does not affect the authority of the City to enter into a development agreement.

Irregularity in Proceedings. No action, inaction, or recommendation regarding a proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect or omission ("error") as to any matter pertaining to the petition, application, notice, finding, record, hearing, report, recommendation, or any matter of procedure whatever, unless the error complained of was prejudicial and that by reason of the error, the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is not a presumption that an error is prejudicial or that injury was done if an error is shown.

Decision-Making Body. A PD overlay district must be adopted by the City Council. A public hearing before the Planning Commission is required prior to City Council review; and the Planning Commission shall make a recommendation to the City Council.

Review Procedures.

Initiation. An application for a PD overlay district may be initiated by any qualified applicant identified in DMC § 18.21.020, Application forms and fees, or a motion of the City Council. If the property is not under a single ownership, all owners must join the application, and a map showing the extent of ownership shall be submitted with the application.

Application Content. A qualified applicant shall submit an application for a PD overlay district on a form prescribed by the Planning Division accompanied by the required fee. The Planning Division may require an applicant to submit such additional information and supporting data as considered necessary to process the application.

The proposed development is consistent with the General Plan and any applicable specific plan, including the density and intensity limitations that apply;

The subject site is physically suitable for the type and intensity of the land use being proposed;

Adequate transportation facilities and public services exist or will be provided in accord with the conditions of development plan approval, to serve the proposed development; and the approval of the proposed development will not result in a reduction of traffic levels of service or public services so as to be a detriment to public health, safety, or welfare;

The proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area;

The development generally complies with applicable design guidelines; and

The proposed development is demonstratively superior to the development that could occur under the standards applicable to the underlying base zoning district, and will achieve superior community design, resource protection, and/or substantial public benefit.

Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies that the City has adopted;

Achieve the general purposes of this code or the specific purpose of the zoning district in which the project is located;

Achieve the findings listed above; or

Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the requirements of the California Environmental Quality Act.

Expiration. A PD plan shall be effective on the same date as the ordinance creating the PD overlay district for which it was approved and shall expire two (2) years after the effective date unless actions specified in the conditions of approval have been taken, or a building permit has been issued and construction diligently pursued, except as provided below.

Renewal. An approved PD plan that has not been inaugurated may be renewed for a single, maximum two (2) year period approved by the City Council after a duly noticed public hearing. Application for renewal shall be made in writing between thirty (30) and one hundred twenty (120) days prior to expiration of the original approval. The City Council may renew a PD plan if it finds the renewal consistent with the purposes of this chapter.

Changed Plans. Amendments to a PD overlay district or PD plan may be requested by the applicant or its successors. Amendments to the approved plan shall be classified as major or minor amendments. Upon receipt of an amendment application, the Director shall determine if the proposed amendment constitutes a major or minor amendment.

Major Amendments. Major amendments to an approved PD overlay district or PD plan shall be considered by the City Council at a duly noticed public hearing. An amendment will be deemed major if it involves one (1) or more of the following changes:

Minor Amendments. Amendments not meeting one (1) or more of the criteria listed in subsection B of this section shall be considered minor if they are consistent with and would not change any original condition of approval. Minor amendments may be approved by the Director.

With the permission of the owner or occupant;

With the written order of a court of competent jurisdiction; or

Where the occupant or owner has no reasonable expectation of privacy (e.g., an open lot or an abandoned building).

The Community Development Director, Building Official or code enforcement personnel may serve a notice of violation on the owner or his agent, or a tenant, or on an architect, builder, contractor or any other person who commits or participates in any violation. The notice shall list the necessary changes to remedy the violation(s) of this code and may require the removal of any structure or termination of any use in violation of this code. The notice shall state the time period allowed for making the necessary changes.

If after receiving a notice of a violation the responsible party does not, in the opinion of the Community Development Director, Building Official, or code enforcement personnel, make the necessary corrections within the time period allowed, the Community Development Director, Building Official or code enforcement personnel may take one (1) or more of the actions as provided in DMC § 18.33.060, Remedies.

Criminal Enforcement. The violation of any provision of this code shall be a misdemeanor unless, in the judgment of the City Attorney or other prosecuting attorney, the violation should be prosecuted as an infraction.

Civil Enforcement. The City may bring a civil legal or equitable action to remedy any violation of this code, including seeking injunctive relief.

Administrative Citations. In addition to all other remedies, the Community Development Director, Building Official, code enforcement personnel and other personnel as designated by the City Council may issue administrative citations pursuant to Article VI of Chapter 9.01 DMC to any person, firm or corporation for violations of any provision of this code.

Nuisance. Any condition which is caused or permitted to exist in violation of this code or which is a nuisance under Cal. Civ. Code § 3479 is hereby declared to be unlawful and a public nuisance and may be abated pursuant to Chapter 9.01 DMC.

Cumulative Remedies. All remedies provided for herein shall be cumulative and not exclusive. In addition to remedies provided herein, the City may pursue any and all remedies provided under State or Federal laws, including, but not limited to, unfair business practice laws, building and housing laws, and the Drug Nuisance Abatement Act.