Chapter 17.01
GENERAL
Sections:
17.01.010 Title and reference.
17.01.020 Relationship to General Plan and other City land use regulations.
17.01.050 Appeals of actions taken under this title.
17.01.010 Title and reference.
This title is adopted pursuant to Article XI, Section 7 of the California Constitution, and to supplement and implement the Subdivision Map Act, Cal. Gov’t Code § 66410 et seq., and may be cited as the subdivision ordinance of the City of Dixon. [Ord. 09-026.]
17.01.020 Relationship to General Plan and other City land use regulations.
The regulations established by this title are designed to assist in the systematic implementation of the General Plan, each applicable specific plan, the zoning ordinance, and other applicable City, State or Federal land use regulations, and to provide for public needs, health and safety, convenience, and general welfare of the residents of Dixon.
Neither the approval nor conditional approval of any lot line adjustment, tentative map, parcel map or final map shall constitute or waive compliance with any other applicable provisions of the City Code or other applicable ordinances or regulations adopted by the City, nor shall any such approval authorize or be deemed to authorize a violation or failure to comply with other applicable provisions of the City Code or other applicable ordinances or regulations adopted by the City. Nothing in this title shall be construed to permit the premature or haphazard subdivision of lands in violation of the General Plan, any applicable specific plans, and all applicable zoning and land use regulations. [Ord. 09-026.]
17.01.030 Purpose.
It is the purpose of this title to regulate and control the division of land within the City of Dixon, to the extent authorized by the Subdivision Map Act, and to supplement the provisions of the Subdivision Map Act concerning the design, improvement, and survey data of subdivisions, the form and content of all required maps provided by the Subdivision Map Act, and the procedure to be followed in securing the official approval of the City regarding the maps. To accomplish this purpose, the regulations contained in this title are determined to be necessary to preserve the public health, safety and general welfare; to promote orderly growth and development of the City and to promote controlled residential growth, the provision of open space, the conservation, protection and proper use of land; and to ensure that provision is made in the approval of land divisions for adequate traffic circulation, drainage, sanitary sewers, parks, open spaces, utilities, and other public facilities and services.
In the event that the provisions of the Subdivision Map Act are inconsistent with the provisions of this title, the provisions of the Subdivision Map Act shall prevail over the inconsistent provisions of this title, it being the intent of the Council to supplement rather than revise or replace the provisions of the Subdivision Map Act in enacting this title. [Ord. 09-026.]
17.01.040 Definitions.
As a supplement to the definition of terms contained in Article 2 of Chapter 1 of the Subdivision Map Act, which definitions are hereby incorporated in this title by reference, the following terms as used in this title shall have the meanings ascribed to them herein:
“Alley” means a public way, other than a street or highway, providing a secondary means of vehicular access to abutting property.
“Approving authority” means the public body of the City which has final approval authority under this title for a specific action regulated by this title. A public body or official has final approval authority under this title even though its actions may be subject to appeal to the Commission or Council under the provisions of DMC 17.01.050.
“Building site” means the same as “lot,” as defined herein.
“CEQA” means the California Environmental Quality Act, Cal. Pub. Res. Code § 21000 et seq.
“Certificate of compliance” means a certificate issued by the Community Development Director under the provisions of Section 66499.35 of the Subdivision Map Act and DMC 17.18.040 which states that a particular division of land complies with either the requirements of the Subdivision Map Act or the applicable ordinances of the City which governed that division of land, or both, and which is recorded with the County Recorder of Solano County.
“City Clerk” means the City Clerk of the City of Dixon or his or her designated representative.
“City Code” means the Dixon City Code.
“City Engineer” means the City Engineer of the City of Dixon or the duly authorized representative of said Engineer.
“Commission” means the Planning Commission of the City of Dixon.
“Community apartment project” means a type of common interest development which is defined in Cal. Civ. Code § 1351.
“Community Development Department” means the Community Development Department of the City of Dixon.
“Community Development Director” means the Community Development Director of the City of Dixon, or the duly authorized representative of said Director.
“Conditional certificate of compliance” means a certificate of compliance that states that a division of land affecting a parcel or lot does not comply with either the requirements of the Subdivision Map Act or the applicable ordinances of the City, or both, which governed that division and lists the conditions which must occur in order for the division to comply with such requirements.
“Conditional use permit” means a permit issued by the City under the provisions of the City zoning ordinance which authorizes specific uses of land subject to certain conditions stated in that permit.
“Condominium project” means a type of common interest development which is defined in Cal. Civ. Code § 1351.
“Council” means the City Council of the City of Dixon.
“County” means the County of Solano.
“Covenant for easement” means a covenant created for the benefit of the City and others which is created, enforced and released as provided in Chapter 17.17 DMC, Covenants for Easements.
“Development agreement” means an agreement between the City and an owner of land under the provisions of Section 65864 et seq. of the Planning and Zoning Law which contains terms and conditions relating to the development of lands identified in that agreement.
“Drip line” means a line which may be drawn on the ground around a tree directly under its outermost branch tips and which identifies that location where rainwater tends to drip from the tree.
“Dwelling unit” means a group of rooms or a single room with kitchen facilities occupied or intended for occupancy as separate living quarters by a family or other group of persons living together, or by a person living alone, irrespective of the age of the occupant or occupants.
“EIR” means an environmental impact report prepared pursuant to the requirements of CEQA.
“Final map” means a map showing a subdivision of five (5) or more parcels for which a tentative map and final map are required by the Subdivision Map Act and this title, prepared in accordance with the provisions of the Subdivision Map Act and this title, and designed to be filed for recordation in the office of the Solano County Recorder.
“Finance Director” means the Finance Director of the City of Dixon, or the duly authorized representative of said Director.
“Fire protection” means such fire hydrants and other protective measures as may be reasonably required by the Fire Marshal of the Fire Department for protection of life and property to be located within a subdivision.
“Flag lot” means a lot with narrow street frontage and a long driveway or strip of land connecting the street frontage portion of the lot with the buildable portion of the lot which is situated to the rear of another adjacent lot or lots.
“Flood hazard” means a hazard to land or improvements due to seasonal inundation or to overflow water having sufficient velocity to transport or deposit debris, scour the surface soil, dislodge or damage buildings, or erode the banks of watercourses.
“Freeway” means a highway defined as a “freeway” in Sts. & High. Code § 23.5.
“Frontage road” or “service road” means a street lying adjacent and approximately parallel to and separated from a freeway or other public street and which affords access to abutting property.
“General Plan” means the General Plan of the City of Dixon, as the same may exist from time to time, including all updates and revisions thereto which are enacted after the enactment of this title by the Council.
“Geological hazard” means a hazard inherent in the crust of the earth, or artificially created, which is dangerous or potentially dangerous to life, property or improvements due to the movement, failure or shifting of earth.
“Inundation” means ponded water or water in motion of sufficient depth to damage property due to the presence of the water or to deposits of alluvium.
“Lot” means a parcel of land which is identified on a final map or a parcel map recorded in the office of the Solano County Recorder with a separate and distinct number or letter.
“Lot line adjustment” means a division of land in conformance with the requirements of this title consisting of the elimination or relocation of an interior lot line between as few as two (2) but not more than four (4) adjacent parcels, where the land taken from one (1) parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created.
“Manufactured home” means a factory built or manufactured home including mobile homes, as defined and permitted as such by the laws of the State of California.
“Merger” means the joining of two (2) or more contiguous parcels of land under one (1) ownership into one (1) parcel.
“Mobile home” means the same as “manufactured home,” but subject to the National Manufactured Housing Construction and Safety Act of 1974.
“Mobile home lot” means any area designated, designed or usable for the occupancy of one (1) mobile home on a temporary, semipermanent or permanent basis.
“Mobile home park” means a parcel of land under one (1) ownership which has been planned and improved; or on which two (2) or more mobile home spaces are rented, leased or used, to accommodate mobile homes for human habitation. The rental paid for any such mobile home shall be deemed to include rental for the space it occupies. The term “mobile home park” includes those accessory uses such as recreation rooms, storage facilities or other permanent structures commonly associated with mobile home parks.
“Multiple-family dwelling unit” means a building or portion thereof designed to be used in accordance with the laws of the State of California and the ordinances of the City for three (3) or more attached dwelling units located in one (1) or more structures on a single lot or parcel.
“Negative declaration” means a negative declaration prepared pursuant to the requirements of CEQA.
“Parcel map” means a map showing a subdivision of four (4) or fewer parcels, as required by the Subdivision Map Act and this title, prepared in accordance with the provisions of the Subdivision Map Act and this title and designed to be filed for recordation in the office of the Solano County Recorder.
“Pedestrian-way” means a public right-of-way designed for use by pedestrians and not intended for use by motor vehicles of any kind. A pedestrian-way may be located within or without a street right-of-way, at grade, or grade separated from vehicular traffic. A pedestrian-way may consist of a public easement over a parcel of land in private ownership or may consist of a separate parcel in public ownership.
“Planned development” means a subdivision consisting of one (1) or more planned developments as said term is defined in Cal. Bus. & Prof. Code § 11003.
“Post-approval subdivision modification” means a request by a subdivider for modifications to or variances from the requirements or standards imposed by these subdivision regulations or for modifications to the conditions of approval imposed upon a subdivision, or both, which request is filed after the approval of the subdivision.
“Preapproval subdivision modification” means a request by a subdivider for modifications to or variance from the requirements or standards imposed by these subdivision regulations filed prior to the approval of the subdivision.
“Private road easement” means a parcel of land not dedicated as a public street, over which a private easement for road purposes is proposed to be or has been granted to the owners of property contiguous or adjacent thereto which intersects or connects with a public street, or a private street; in each instance the instrument creating such easement shall be or shall have been duly recorded or filed in the office of the Solano County Recorder.
“Public way” means any street, highway, alley, pedestrian-way, equestrian or hiking trail, biking path, channel, viaduct, subway, tunnel, bridge, easement, right-of-way, or other way in which the public has a right of use.
“Revised tentative map” means a tentative map filed for approval under DMC 17.06.100 showing a revised arrangement of the streets, alleys, easements or lots or a modification of the boundary of property for which a tentative map has been previously approved.
“Right-of-way” means any public or private right-of-way and includes any area required for public use pursuant to any general plan or specific plan.
“Roadway” means that portion of a right-of-way for a street, highway or alley designed or used to accommodate the movement of motor vehicles.
“Sanitary disposal facilities” means such wastewater collection and treatment facilities as are necessary to provide reliable and adequate wastewater disposal for appropriate public use and appropriate residential, commercial, and industrial use in conformance with the laws and regulations of the City of Dixon, State of California and Federal government.
“Single-family dwelling unit” means a detached building designed to be used in accordance with the laws of the State of California and the ordinances of the City as a single dwelling unit located on a single lot or parcel.
Specific Plan. The term “specific plan” shall mean a “specific plan” as that term is defined and described in Chapter 3 of the Planning and Zoning Law of the State of California.
Staff Review. The term “staff review” or “review by City staff” shall mean review of a matter by the Community Development Director and the City Engineer and such other officers or employees of the City as may be specifically requested to review a matter by either of said directors. The term “staff review” shall include but not be limited to the following:
1. Making investigations and report on the design and improvement of all proposed subdivisions and making recommendations thereon to the Commission and Council.
2. Recommending approval, conditional approval, or disapproval of the design of proposed subdivisions and the kinds, nature and extent of on-site and off-site improvements required in connection therewith.
3. Recommending approval, conditional approval, or denial of tentative maps of all proposed subdivisions of land, and requests for extensions of time for tentative maps.
4. Recommending modifications of the requirements of this title in accordance with the provisions of Chapter 17.13 DMC, Subdivision Modifications.
5. Recommending disapproval of a tentative map for noncompliance with the requirements of this title, the Subdivision Map Act, or the standards, rules or regulations adopted by the Commission pursuant to this title.
6. Reviewing and making recommendations concerning proposed subdivisions in the unincorporated territory of the County of Solano in accordance with Section 66453 of the Subdivision Map Act when it has elected to do so.
7. Reviewing and making recommendations for reasonable modifications or waivers of the requirements of this title as they apply to the development of designated infill sites.
8. Preparing and recommending the wording of conditions of approval or conditions of disapproval and the wording of all findings made in connection therewith.
9. Exercising such additional powers and duties as prescribed by law and by this title.
“Standard Specifications” means the engineering design standards, details, general provisions, and materials and construction methods used by the City to design and construct public infrastructure which are periodically compiled by the City Engineer and approved by the Council by resolution.
“Stock cooperative apartment” means a type of common interest development which is defined in Cal. Civ. Code § 1351.
“Storm drainage facilities” means such storm drainage collection and treatment facilities as are necessary to provide a reliable and adequate collection and disposal of storm and surface drainage water for streets and other public uses and for residential, commercial, and industrial uses in conformance with the laws and regulations of the State of California, the Federal government and other public agencies whose facilities are used for the disposal of storm and surface waters.
“Street, collector” means a street which collects and distributes vehicular traffic moving between major streets and minor streets and which may provide direct access to abutting properties.
“Street, cul-de-sac” means a street which is designed to remain permanently closed at one (1) end with the closed end terminated by a vehicular turnaround. For the purposes of this title, the length of a cul-de-sac street shall be measured from the center line of the intersecting street along the center line of the cul-de-sac to the center of the radius of the turnaround.
“Street, major” means a street carrying the vehicular traffic of minor and collector streets to and from freeways, the central business district and other major streets, with protected intersections at grade, and may provide direct access to abutting property.
“Street, minor” means any street other than a collector street, major street or freeway providing direct access to abutting property and serving local as distinguished from through traffic.
Subdivision. This term shall have the meaning ascribed to it by Section 66424 of the Subdivision Map Act.
“Subdivision Map Act” shall mean the Subdivision Map Act of the State of California, Cal. Gov’t Code § 66410 et seq., inclusive, as that Act currently provides or is subsequently amended to so provide.
“Tentative map” means a map made for the purpose of showing the design improvements of the proposed subdivision and the existing conditions in or around it. “Tentative map” shall include a tentative map for a subdivision of four (4) or fewer parcels prepared in connection with a parcel map pursuant to the provisions of Chapter 17.08 DMC, Parcel Maps.
“Two (2) family dwelling unit” means a structure designed to be used in accordance with the laws of the State of California and the ordinances of the City as two (2) dwelling units on a single lot or parcel.
“Vehicular access rights” means the right or easement for vehicular access of owners or occupants of abutting lands to a public way.
“Vesting tentative map” shall mean a tentative map which shall have printed conspicuously on its face the words “Vesting Tentative Map” at the time it is filed, in accordance with DMC 17.09.050, and is thereafter processed in accordance with these provisions.
“Water supply” means such water supply and distribution facilities as are necessary to provide a reliable and adequate water supply for appropriate residential, commercial and industrial use and for public and private fire protection purposes.
“Zoning ordinance” means the zoning ordinance found in Chapter 12 of Article II of the Dixon City Code and all revisions thereto. [Ord. 09-026.]
17.01.050 Appeals of actions taken under this title.
Actions of a final nature which are taken by the Commission, Community Development Director and City Engineer which are made subject to appeal under the provisions of this title or under provisions of the Subdivision Map Act shall be subject to appeal as hereinafter provided in this section. A recommendation which is subject to approval by an approving authority is not an action of a final nature.
The subdivider or any interested person may file an appeal if an appeal is authorized by the provisions of this title or by the provisions of the Subdivision Map Act. The amount of fees for any such appeal shall be fixed by resolution of the Council, which fees shall not exceed the reasonable costs to the City of conducting such an appeal. All appeals shall be filed with the City Clerk. The City Clerk shall prescribe and provide the appellant the form which shall be used by the appellant in filing any such appeal.
Authorized appeals shall be heard as follows:
A. All appeals from an appealable action of the Commission shall be heard by the Council. The appeal must be filed within ten (10) calendar days after the final action is taken by the Commission from which the appeal is taken unless a different time period for filing said appeal is provided for by this title or the Subdivision Map Act.
B. All appeals from an action of the Community Development Director or the City Engineer shall be heard by the Commission as an appeal board unless the provisions of this title expressly provide that the appeals of such action are to be heard by the Council. The appeal must be filed within ten (10) calendar days after the final action is taken by the Community Development Director or the City Engineer from which the appeal is taken unless a different time period for filing said appeal is provided for by this title or the Subdivision Map Act.
C. All appeals from decisions of the Commission acting as an appeal board under this section shall be heard by the Council. The appeal must be filed within ten (10) calendar days after the final action is taken by the Commission from which the appeal is taken unless a different time period for filing said appeal is provided for by this title or the Subdivision Map Act.
D. Any appeal hearing by the Commission acting as an appeal board or by the Council in its capacity as the legislative body shall be held within thirty (30) days of the date of the filing of a request for an appeal, or within such shorter periods as may be required by the Subdivision Map Act. Within ten (10) days following the conclusion of the hearing, the appeal body shall declare its findings. The findings shall be based upon the testimony and documents produced before it or before the appeal body or before the City officer from whom the appeal is taken. The decision of the appeal body may sustain, modify, reject or overrule any action which is the subject of the appeal. The decision may include any findings which are not inconsistent with the provisions of this title, the ordinances of the City, or the provisions of the Subdivision Map Act.
E. Notice of any appeal hearing held under this title shall be given by the City Clerk as provided in Cal. Gov’t Code §§ 65090 and 65091. If the appeal involves the conversion of residential real property to a condominium project, community apartment project or stock cooperative, additional notice shall be given by the City Clerk as provided in the Subdivision Map Act. [Ord. 09-026.]