Union City City Zoning Code
CHAPTER 18
52 ADMINISTRATION
§ 18.52.010 Purpose.
B.
This chapter shall set forth the duties and authority of the above mentioned offices and then shall describe the procedures and substantive standards with respect to the following functions:
C.
Plans.
1.
Professional Preparation. A licensed or registered architect, licensed land surveyor, registered civil engineer or registered landscape architect shall prepare all plans (including plats, surveys, and scale drawings) which accompany applications for use permits, variances, site development review and amendments to the zoning title.
2.
Exceptions. The Director or designee may waive the requirement for professional preparation of plans if he or she determines that non-professional preparation is adequate to present the information required to be shown on such plans.
(Ord. 55-64 § 11.0, 1964; Ord. 55.36-68 § 2, 1968; amended during 1990 republication; Ord. 492-96 § 3, 1996; Ord. 670-06 § 3, 2006; Ord. 883-21 § 4, 2021)
§ 18.52.020 Office of Economic and Community Development Director-Creation.
There is created the Office of Economic and Community Development Director. The Economic and Community Development Director ("Director") shall be executive head of this office. The Director shall be the person appointed by the City Manager to administer the zoning title.
(Ord. 55-64 § 11.1(A), 1964; Ord. 55.112-73 § 2, 1973; amended during 1990 republication; Ord. 492-96 § 3, 1996; Ord. 670-06 § 3, 2006)
§ 18.52.030 Duties of Economic and Community Development Director.
The Director shall enforce this title, and in addition he or she shall do all of the following:
A.
Issue all zoning permits, and make and maintain records thereof;
B.
Maintain permanent and current records of the zoning title, including but not limited to, all maps, amendments, zoning applications, and records of hearings thereon;
C.
Perform the duties and functions prescribed in the Municipal Code and in Government Code Section 65103 relating to Planning Agency functions;
D.
Receive, review and prepare appropriate reports and forward zoning applications for recommendation or decision pursuant to this title to the Zoning Administrator or Planning Commission as further set forth in this title;
E.
Provide such clerical and technical assistance as may be required by the City Planning Commission in the exercise of its duties;
F.
Review and decide on interpretations and permits for which the Director is identified in this title as the decision maker;
G.
Review and decide on applications for lot line adjustments as provided in Chapter 17.23 of the Municipal Code and consistent with State law;
H.
Function as a Zoning Administrator.
(Ord. 55-64 § 11.1(B), 1964; Ord. 55.273-86 § 1, 1986; amended during 1990 republication; Ord. 492-96 § 3, 1996; Ord. 670-06 § 3, 2006)
§ 18.52.035 Duties of Chief Building Official.
The Chief Building Official shall conduct inspection of buildings, structures and uses of land to determine compliance with the terms of this zoning title.
(Ord. 55-64 § 11.1(B), 1964; Ord. 55.273-86 § 1, 1986; amended during 1990 republication; Ord. 492-96 § 3, 1996; Ord. 670-06 § 3, 2006)
§ 18.52.040 Jurisdiction of City Planning Commission.
The City Planning Commission is vested with the following jurisdiction and authority:
B.
To initiate, direct and review, from time to time, a study of the provisions of this title, and to make reports of its findings and recommendations to the City Council at least annually;
C.
To review and decide on permits and appeals for which the Planning Commission is identified in this title as the decision maker.
(Ord. 55-64 § 11.2, 1964; amended during 1990 republication; Ord. 492-96 § 3, 1996; Ord. 523-98 § 2(D), 1998; Ord. 670-06 § 3, 2006)
§ 18.52.050 Zoning permits.
Except as hereinafter provided, no permit or business license pertaining to the use of land or buildings shall be issued by an officer, department or employee of this City unless the application for such permit has been examined by the Office of the Director and it has been indicated thereon that the proposed use of land, building or structure complies with all the provisions of this title.
Any permit or business license issued in conflict with the provisions of this title shall be null and void.
Every application for a building permit shall be accompanied by:
A.
A certificate of survey in triplicate of the piece or parcel of land, lot, lots, blocks or block, or parts or portions thereof, drawn to scale showing the actual dimensions and certified by a registered civil engineer or registered land surveyor as a true copy of the piece or parcel, lot, lots, block or blocks, or parts or portions thereof, according to the registered or recorded plot of such land; and
B.
A plat, in duplicate, drawn to scale in such form as may, from time to time, be prescribed by the Director, showing the ground area, height and bulk of the building or structure, the building lines in relation to lot lines, the use to be made of the building or structure or land, and such other information as may be required by the Director for the proper enforcement of this title.
One copy of each of the two plats shall be attached to the application for a building permit when it is submitted to the Director for a zoning permit and shall be retained by the Director as a public record. |
(Ord. 55-64 § 11.3, 1964; amended during 1990 republication; Ord. 492-96 § 3, 1996; Ord. 670-06 § 3, 2006)
§ 18.52.060 Addition of uses.
A.
In districts where additional uses are being considered pursuant to this section, the following findings shall be made:
1.
That the use will be an appropriate addition to the list of uses because the use has the same basic characteristics as the uses in the district;
2.
That the use reasonably can be expected to conform with the required conditions prescribed for the district;
3.
That the use will not be detrimental to the public health, safety or welfare;
4.
That the use will not adversely affect the character of any district in which it is proposed;
5.
That the use will not create more vehicular or rail traffic than the volume normally created by any of the uses allowed in the district;
6.
That the use will not create more odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness or any other objectionable influence than the amount normally created by any of the uses allowed in the district;
7.
That the use will not create any greater hazard of fire or explosion than the hazards normally created by any of the uses allowed in the district.
B.
When a use has been added to a list of uses in accordance with the findings above and any other applicable procedure, the use shall be listed as a use in the appropriate chapter and shall be added to the text of that chapter of this title when it is next published, with a notation of the date when the use was added to the list.
(Ord. 55-64 § 11.4, 1964; Ord. 492-96 § 3, 1996; Ord. 670-06 § 3, 2006; Ord. 887-21 § 3, 2021)
§ 18.52.070 Permits, certificates and licenses.
All officials, departments and employees of the City vested with the authority or duty to issue permits, certificates or licenses shall comply with the provisions of this title and shall issue no permit, certificate or license which conflicts with the provisions of this title. Any permit, certificate or license issued in conflict with the provisions of this title shall be void.
(Ord. 55-64 § 11.8, 1964; Ord. 492-96 § 3, 1996; Ord. 670-06 § 3, 2006)
§ 18.52.080 Economic and Community Development Director.
The Economic and Community Development Director ("Director") shall be the official responsible for the enforcement of this title. In the discharge of this duty the Director or his/her agents shall have the right to enter on any site or to enter any structure for the purpose of investigation and inspection, provided that the right of entry shall be exercised only at reasonable hours and that in no case shall any structure be entered in the absence of the owner or tenant without the written order of a court of competent jurisdiction. The Director may serve notice requiring the removal of any structure or use in violation of this title on the owner or his/her authorized agent, on a tenant, or on an architect, builder, contractor or other person who commits or participates in any violation. The Director may call upon the City Attorney to institute necessary legal proceedings to enforce the provisions of this title and the City Attorney is hereby authorized to institute appropriate actions to that end. The Director may call upon appropriate City officials and staff to assist in the enforcement of this title.
(Ord. 55-64 § 11.9, 1964; amended during 1990 republication; Ord. 492-96 § 3, 1996; Ord. 670-06 § 3, 2006)
§ 18.52.082 Notice and public hearings.
When a public hearing is required by this title, notice shall be given as follows:
A.
Timing. Notice shall be given at least 10 calendar days before the date of the scheduled public hearing.
B.
Contents. The notice shall include but not be limited to the following:
C.
Method of Notice.
1.
Mailed Notice. Notice of the hearing shall be mailed or delivered to the following:
a.
Owner/Applicant. The property owner and/or the owner's authorized agent and the applicant;
b.
Local Agencies. Each local agency expected to provide water, sewage disposal, streets, roads, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected;
c.
Written Request. Any person who has filed a written request for notice with the City Clerk or Director and has paid the fee required for such notice;
d.
Owners of Property Within Three hundred Feet. Owners of real property as shown on the latest equalized assessment roll within 300 feet of the property that is the subject of the hearing. If the number of property owners to whom notice would be mailed is more than 1,000, the Director may choose to provide the alternate notice allowed by California Government Code Section 65091(a)(3).
2.
Publication. Notice of the hearing shall be published in a newspaper of general circulation within the City.
3.
Posting. As an alternative to publication for use permits, variances and site development review permits, notice of the hearing may be posted in at least three public places within the City, including one public place in the area directly affected by the project.
4.
Additional Notice. The Director may provide any additional notice that he or she determines necessary or desirable.
D.
Notice for Appeals, Proposed Revocation or Modification of Decisions. Hearings on appeals, proposed revocation or modifications of Director, Zoning Administrator or Planning Commission decisions shall be noticed in the same manner as the original decision unless otherwise provided in this title.
E.
Drive-Through Facilities. Where the public hearing involves the adoption or amendment of policies or ordinances affecting drive-through facilities, notice shall be provided to the blind, aged and disabled communities.
F.
Combined CEQA Notice. CEQA notice of a public review and comment period for draft environmental documents may be combined with the notice of public hearing under this chapter.
G.
Failure to Receive Notice. The failure of any person to receive notice required by this section shall not affect the authority of the decision maker to render a decision.
(Ord. 670-06 § 3, 2006)
§ 18.52.083 Public notice without public hearing.
When public notice is required for a Zoning Administrator permit decision by this title, but no public hearing is required, notice that the Zoning Administrator is considering a decision shall be given as follows:
A.
Timing. Notice shall be given at least 10 calendar days before the date of the Zoning Administrator consideration.
C.
Method of Notice. Notice shall be mailed to the applicant and to each adjacent property owner and occupant. For the purposes of this chapter, "adjacent" means any property sharing any common line, corner or point with the subject property. Properties which are directly across the street are also considered adjacent.
(Ord. 670-06 § 3, 2006)
§ 18.52.084 Public convenience or necessity determination and appeals.
A.
Applicability. Where the California Department of Alcoholic Beverage Control (ABC) has denied an application for the sale of alcoholic beverages based on an undue concentration of licenses or law enforcement criteria, a finding of public convenience or necessity (FOPCN) for alcohol beverage sales, in compliance with this section, is required. The following requirements are intended to comply with the requirements of the State of California Business and Professions Code Section 23958.4.
B.
Finding of Public Convenience or Necessity (FOPCN). When the California Department of Alcoholic Beverage Control (ABC) denies an application for the sale of alcoholic beverages based upon an undue concentration of licenses or law enforcement criteria, pursuant to the State of California Business and Professions Code Section 23958.4, the Department may issue a license if the local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, which is the Economic and Community Development Director, determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance.
All of the following findings are required for a determination that public convenience or necessity would be served by the license issuance:
1.
That the proposed location of the use is in accord with the purposes of this title and the purposes of the district in which the site is located;
2.
That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity;
3.
That the proposed use is consistent with the general plan and any applicable specific plans and will comply with each of the applicable provisions of this title.
C.
Noticing. Public notice is required for a determination by the Economic and Community Development Director, that public convenience or necessity would be served by the license issuance. Notice that the Economic and Community Development Director is considering a decision shall be given as follows:
1.
Notice shall be given at least 10 calendar days before the date of the Director consideration.
2.
Notice shall be mailed to the applicant and to each adjacent property owner and occupant. For the purposes of this chapter, "adjacent" means any property sharing any common line, corner or point with the subject property. Properties which are directly across the street are also considered adjacent.
(Ord. 901-22 § 4, 2022)
§ 18.52.085 Director interpretation and appeal.
A.
Request. Upon written request by any person, the Director may interpret the requirements of this title.
B.
Decision. The Director shall ensure the interpretation is consistent with the General Plan and the purpose and intent of this title. The Director shall issue a written decision making the interpretation within 10 calendar days after the request is filed and shall mail notice of the decision by certified mail, return receipt requested, to the person who made the request. The decision is final unless appealed as provided in subsection C of this section.
C.
Appeal. Any person affected by the decision may appeal to the Planning Commission by filing a written appeal with the City Clerk. Any appeal shall be filed within 10 calendar days after the date of the Director's decision. If the last day for appeal is not a City Hall working day, the appeal period shall extend to the next City Hall working day. Appeals filed beyond the appeal period shall not be accepted.
D.
Appeal Hearing. The Planning Commission shall consider the appeal within 25 calendar days after the appeal is filed. Notice of the Planning Commission consideration shall be provided to the appellant and to the person who requested the interpretation, if he or she is not the appellant, at least 10 calendar days before the consideration; public notice is not required. The Planning Commission may continue the matter from time to time.
E.
Planning Commission Decision. The Planning Commission may affirm, modify or reverse the decision in whole or in part. The Planning Commission may also refer the matter to the Director for further review and report back to the Commission.
(Ord. 670-06 § 3, 2006)
§ 18.52.086 Director permit decision and appeals.
A.
Decision. The Director may approve, disapprove or conditionally approve applications for permits for which he or she is the decision maker.
(Ord. 670-06 § 3, 2006)
§ 18.52.087 Zoning Administrator decision and appeals.
A.
Decision. The Zoning Administrator may approve, disapprove or conditionally approve applications for permits for which he or she is the decision maker and shall record the decision. The decision shall set forth any findings and required conditions of approval. The Zoning Administrator decision is final unless appealed as provided in subsection B of this section.
1.
Mailed Notice of Decision. Within two working days following the decision, the Zoning Administrator shall provide written notice of the decision to the owner and/or applicant, by certified mail, return receipt requested, at the address shown on the application.
2.
Posted Notice of Decision. Within two working days following the decision, the Zoning Administrator notice of decision shall be posted in a conspicuous place at City Hall.
B.
Appeals. Zoning Administrator decisions may be appealed to the Planning Commission. Any such appeal shall be filed in accordance with the following procedures:
1.
Who May Appeal. Appeals may be filed by anyone affected by the decision.
2.
Appeal Period. Any appeal shall be filed within 10 calendar days after the date of the Zoning Administrator decision. If the last day for appeal is not a City Hall working day, the appeal period shall extend to the next City Hall working day. Appeals filed beyond the appeal period shall not be accepted.
3.
Form of Appeal. An appeal shall be filed in writing with the City Clerk. The appeal shall clearly and concisely state the extent of the appeal, the reason and grounds for the appeal, and shall include any information required by the Director. The appeal shall be accompanied by the filing fee established by the City Council.
4.
Effect of Appeal. Once an appeal has been filed, the decision being appealed shall not be effective until the decision by the Planning Commission on the appeal is made.
5.
Public Hearing. The Planning Commission shall consider the appeal at a public hearing within 25 calendar days after the appeal is filed. Notice of the public hearing shall be provided pursuant to Section 18.52.082. The hearing may be continued from time to time. The appellant shall provide a notice address list on mailing labels for the City to use in providing mailed notice of the public hearing.
6.
Decision on the Appeal. Following the public hearing, the Planning Commission may affirm, affirm in part, reverse or modify the decision being appealed based upon findings of fact particular to the matter. The Planning Commission may adopt additional conditions of approval as the facts warrant. The findings of fact shall identify the reasons for the decision on the appeal and shall include any other findings necessary to ensure compliance with the provisions of this title. The Planning Commission may also refer the matter to the Zoning Administrator for further review and report back to the Commission.
7.
Appeal of Planning Commission Decision. The Planning Commission decision may be appealed to the City Council. Any such appeals shall be filed as provided in Section 18.52.088(C).
(Ord. 670-06 § 3, 2006)
§ 18.52.088 Planning Commission decision and appeals.
A.
Decision. The Planning Commission may approve, disapprove or conditionally approve applications for permits for which it is the decision maker and shall record its decision. The decision shall set forth any findings and required conditions of approval. The Planning Commission decision is final unless appealed as provided in subsection C of this section.
1.
Notice of Decision. Following the decision, the Planning Commission shall provide written notice of the decision to the owner and/or applicant at the address shown on the application, and to the City Council within two City working days.
2.
Notice to Persons Who Request. Following the decision, the Planning Commission shall provide written notice of the decision to any person who has submitted a written request for such notice.
B.
Recommendation. For applications in which the Planning Commission makes a recommendation, the Planning Commission shall transmit its recommendations in writing to the City Council for final decision.
C.
Appeals. Decisions of the Planning Commission may be appealed to the City Council in accordance with the following procedures.
1.
Who May Appeal. Appeals may be filed by:
a.
Anyone affected by the decision;
b.
City Council Members. A member of the City Council may appeal a decision of the Planning Commission. If an appeal is made by a Council Member, there shall be a presumption applied that the reason for the appeal is that the appealed decision may have significant and material effects on the quality of life within the City of Union City. Notwithstanding Section 18.52.088(C)(3), no other reason need be or shall be stated by the Council Member in his/her written appeal. No inference of bias shall be made because of such an appeal.
2.
Appeal Period. Any appeal shall be filed within 10 calendar days of the Planning Commission decision. If the last day for appeal is not a City Hall working day, the appeal period shall extend to the next City Hall working day. Appeals filed beyond the appeal period shall not be accepted.
3.
Form of Appeal. An appeal shall be filed in writing with the City Clerk. Except for City Council Member appeals, the appeal shall clearly and concisely state the extent of the appeal, the reason and grounds for the appeal, and shall include any information required by the Director. Except for City Council Member appeals, the appeal shall be accompanied by the filing fee established by the City Council.
4.
Effect of Appeal. Once an appeal has been filed, the decision being appealed shall not be effective until the decision by the City Council on the appeal.
5.
Public Hearing. The City Council shall consider the appeal at a public hearing conducted within 25 calendar days after the appeal is filed; the hearing may be continued from time to time. The public hearing shall be noticed in the same manner as would be required for the decision being appealed. The appellant shall provide a notice address list on mailing labels for the City to use in providing mailed notice of the public hearing.
6.
City Council Review. The Director shall prepare a report on the appeal. The City Council shall consider, but shall not be limited by, the grounds set forth in the appeal. If significant new evidence, including substantial changes in the application or project that is the subject of the appeal, is presented to the City Council for review, the Council may return the matter to the Planning Commission for further consideration and a decision.
7.
Decision on the Appeal. Following the public hearing, the City Council may affirm, affirm in part, reverse or modify the decision being appealed based upon findings of fact particular to the matter. The City Council may adopt additional conditions of approval as the facts warrant. The findings of fact shall identify the reasons for the decision on the appeal and shall include any other findings necessary to ensure compliance with the provisions of this title.
(Ord. 670-06 § 3, 2006)
§ 18.52.090 Rule of evidence and procedure.
Formal rules of evidence or procedure required for the conduct of judicial proceedings shall not be required for the conduct of proceedings under this title.
No decision, inaction or recommendation regarding any zoning matter by the City Council, the Planning Commission, or the Director or his/her designee shall be held void or invalid on the ground of the improper admission or rejection of evidence, or by reason of any irregularity, informality, neglect or omission (hereinafter called "error") as to any matter pertaining to petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals or any matter of procedure whatever, including, but not limited to, those included in this chapter unless after an examination of the entire case, including the evidence, the court shall be of the opinion that the error complained of was prejudicial and that by reason of such error the party complaining sustained or suffered substantial injury, and that a different result would have been probable if such error had not occurred or existed. There shall be no presumption that error is prejudicial, or that injury was done by the mere showing of error.
(Ord. 55.112-73 § 5, 1973; Ord. 492-96 § 3, 1996; Ord. 670-06 § 3, 2006)