Union City City Zoning Code
CHAPTER 18
54 ADMINISTRATIVE USE PERMIT
§ 18.54.010 Purpose.
The purpose of administrative use permit is to enable the Zoning Administrator to evaluate and approve minor projects and to promote orderly, attractive and harmonious development and the stability of land values and investments and the general welfare, by preventing the establishment of uses having unsightly, undesirable or obnoxious qualities which are not properly related to their sites, surroundings and traffic circulation in the vicinity, or which would not meet the specific intent clause or performance standard requirement of the zoning title.
(Ord. 513-98 Exh. A-3, 1998; Ord. 670-06 § 3, 2006)
§ 18.54.020 Definitions.
For the purposes of this chapter, the following words and phrases are defined:
means property that shares a common lot line, corner or point with the subject property. For the purpose of providing notice as required by this chapter, properties which are directly across the street are also considered adjacent.
means items which are proposed as part of a hazardous materials facility to minimize or mitigate associated risks. An example of an administrative control would include limiting the amount of hazardous material stored or used on site. An example of an engineering control would include structural or physical improvements made on site (i.e., secondary containment, area separation, storage cabinets, air or waste water treatment systems, etc.).
refers to the ability of a proposed business to demonstrate continued compliance with applicable laws and regulations. Demonstrated compliance would apply to business currently located within Union City and/or located within another community. In researching the compliance history, Union City will evaluate associated, subsidiary, satellite or chain operations affiliated with the applicant.
refers to two or more individual effects which, when considered together, are considerable or which compound or increase other impacts. Cumulative impacts occur when the impacts of one project are added to other closely related past, present, and reasonable foreseeable probable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time.
refers to the ability of emergency service agencies (including, but not limited to, facility specific Fire or Police services) to respond to calls for service. This shall also include evaluation of an emergency response plan and employee training and monitoring, which must be coordinated with the affected emergency service agencies.
refers to off-site facilities which are inhabited or occupied by a concentrated population of patrons, students, clients or patients (including, but not limited to, residences, schools, daycares, long-term care facilities, hospitals, office buildings, parks or recreational areas) and which could be exposed to toxic concentrations, radiant heat, or overpressure as a result of an accidental release. Proposed hazardous materials facilities will be evaluated in terms of appropriateness of proximity to public/sensitive receptors.
(Ord. 513-98 Exh. A-3, 1998; Ord. 670-06 § 3, 2006)
§ 18.54.030 Applicability.
The administrative use permit procedure shall apply to the following types of projects:
A.
In the single-family residential districts, large family day care homes which are an accessory use within a home which regularly provides care, protection, and supervision of nine to 14 children, inclusive of children under the age of 10 years who reside at the home, for periods of less than 24 hours per day, while the parents or guardians are away, and is licensed for such use by the State Department of Community Care Licensing.
B.
Uses as specified in the zoning district regulations.
C.
In the commercial and industrial districts, temporary outdoor commercial events consisting of the outdoor promotional display or sale of merchandise customarily sold on the premises by a permanently established business. Also included in this category are multiple vendor events such as arts and crafts fairs, holiday boutiques, and the like, when held on the premises of a developed commercial or industrial site. Such events shall include the display of goods typically sold on the site of the event. This category is not intended to apply to activities conducted by nonprofit or charitable institutions in the City nor is it intended to permit the placement of individual vendor operations such as hot dog carts, produce trucks, and the like. Events included within this category shall comply with the provisions of the administrative use permit procedures and shall comply with the following regulatory conditions and parameters:
1.
These events shall be conducted on private property located in commercial or industrial zones with the written approval of the property owner. Verification of the property owner's approval shall be submitted along with the application for administrative use permit.
2.
These events shall be conducted on the site of developed commercial or industrial projects and shall not be permitted on vacant parcels.
3.
Events permitted within this definition shall have maximum duration of five consecutive days.
4.
At least five calendar days prior to the event, the applicant shall submit a five hundred dollar ($500.00) deposit to the City to ensure adequate cleanup of the site following termination of the event.
5.
The applicant shall submit a site plan as part of this application to the Economic and Community Development Department detailing the parking provision for the event, ingress and egress routes, and adequate emergency vehicle access as deemed appropriate by the City.
6.
The design, placement and construction of any temporary structures to be erected on the site of the event shall be subject to the review and approval of the City. If necessary, detailed structural and electrical drawings shall be submitted to the Building Department for review and approval prior to the erection of any structures on the site.
7.
The applicant shall submit a detailed statement of use at the time of application filing to the Economic and Community Development Department which includes a description of the event and the types of activities to be held or goods to be sold on the site, the hours and days of the event, the number and the types of vendors participating, and any additional information deemed necessary by the Director.
8.
Any signs or outdoor advertising structures erected to promote an event shall be in accordance with the regulations specified in Chapter 18.30 of this title.
9.
Additional conditions regulating the conduct of the event may be placed on an application approved by the Zoning Administrator if deemed necessary to ensure the orderly and safe conduct of the event and to mitigate potential nuisances emanating from the event.
(Ord. 513-98 Exh. A-3, 1998; Ord. 670-06 § 3, 2006; Ord. 900-22 § 4, 2022)
§ 18.54.040 Limitations.
If the Zoning Administrator determines that any of the following conditions exist, the application shall be reviewed by the Planning Commission pursuant to the provisions of Chapter 18.56, Use Permits, rather than this chapter.
A.
In the opinion of the Zoning Administrator the project will have cumulative impacts as defined in Section 18.54.020.
B.
The proposed project is not categorically exempt from the requirements of the California Environmental Quality Act (CEQA).
C.
In the opinion of the Zoning Administrator the proposed project is or will be a matter of public interest or controversy. In making this determination for a hazardous materials facility, the Zoning Administrator shall consider, but not be limited to, the following:
1.
Quantity, type and compatibility of hazardous materials;
2.
Availability and implementation of administrative or engineering controls to minimize or mitigate risk;
3.
Proximity to public/sensitive receptors;
4.
Surrounding population density;
5.
Identified hazards of a type of business;
6.
Compliance history;
7.
Emergency response capability;
8.
Local groundwater conditions; or
9.
Any other local community issues.
D.
In the opinion of the Zoning Administrator the proposed project may cause the emission of dangerous or objectionable noise, odors, lights, dust, smoke or vibrations, or any other impact which is a matter of public concern or controversy.
E.
The project does not clearly fall within a designated category for which administrative use permit is allowed.
(Ord. 513-98 Exh. A-3, 1998; Ord. 670-06 § 3, 2006)
§ 18.54.050 Application and fee.
A.
An application for administrative use permit shall be made to the Zoning Administrator on a form prescribed by the Director which shall include the following data:
1.
Name and address of the applicant;
2.
Statement that the applicant is the owner of the property or is the authorized agent of the owner;
3.
Address or description of the property;
4.
Statement indicating the precise manner of compliance with each of the applicable provisions of this title together with any other data pertinent to the findings prerequisite to the granting of an administrative use permit prescribed in this chapter.
B.
The application shall be accompanied by the following items:
1.
A mailing list on mailing labels of adjacent property owners and/or occupants for the purpose of providing notice of the pending application. Applicants proposing the establishment of a large family day care home shall submit a mailing list on mailing labels of all property owners within 100 feet of the proposed home;
2.
An accurate scale drawing of the site showing existing and proposed locations of streets, utilities and drainage facilities, property lines, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities and landscaped areas.
C.
The applications shall be accompanied by a fee in an amount established by resolution of the City Council. If an administrative use permit application is accompanied by items related to an administrative site development review application, only the administrative use permit fee shall be filed.
D.
All applications for administrative use permits shall be filed with the Zoning Administrator for review and approval or disapproval prior to the issuance of building permits.
(Ord. 513-98 Exh. A-3, 1998; Ord. 670-06 § 3, 2006)
§ 18.54.060 Investigation.
A.
The Zoning Administrator shall make such investigations as are necessary to determine whether or not the proposed use conforms or may be conditioned to conform fully to the regulations for the district as set forth in this chapter.
B.
The Zoning Administrator may refer the application to other departments of the City, and any other public agency or district, for review and comment on conformance with the intent and regulations of the applicable district.
(Ord. 513-98 Exh. A-3, 1998; Ord. 670-06 § 3, 2006)
§ 18.54.070 Public notice.
The Zoning Administrator shall provide public notice pursuant to Section 18.52.083 that a decision is being considered on the application.
(Ord. 513-98 Exh. A-3, 1998; Ord. 670-06 § 3, 2006)
§ 18.54.080 Findings for approval.
A.
All of the following findings are required for approval of an administrative use permit:
1.
That the proposed location of the conditional 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 conditional 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 conditional use is consistent with the general plan and any applicable specific plans, and will comply with each of the applicable provisions of this title.
B.
In the case of large family day care proposals, the Zoning Administrator shall approve the proposal if upon review, the Zoning Administrator is able to find that:
1.
The proposal will not result in an over-concentration of such uses within the immediate vicinity;
2.
The proposal will not result in significant adverse traffic, parking or noise impacts on the surrounding neighborhood;
3.
The proposal is consistent with the criteria established by the policy statement for administrative use permit review of large family daycare homes.
C.
An administrative use permit may be revocable, may be granted for a limited time period, and may be granted subject to such conditions as are necessary to support the above findings.
D.
The above findings are also required for any approval on appeal, or approval of a modification to an administrative use permit.
(Ord. 513-98 Exh. A-3, 1998; Ord. 670-06 § 3, 2006)
§ 18.54.090 Zoning Administrator decision and appeals.
The Zoning Administrator may approve, conditionally approve or disapprove applications for an administrative use permit. Decisions of the Zoning Administrator and appeals of such decisions shall be made in accordance with the provisions of Section 18.52.087.
(Ord. 670-06 § 3, 2006)
§ 18.54.100 Expiration of administrative use permit approval.
An administrative use permit approval shall be valid for one year following the date on which the application became effective. The approval shall become null and void unless prior to the expiration of one year the use has been established or a building permit is issued by the Building Department and construction is commenced and diligently pursued toward completion on the site which was the subject of the administrative use permit application. The phrase "construction is commenced" shall be defined for the purposes of this provision to mean the progress of actual building activity on the site in accordance with a valid building permit to a point such that the first inspection under the Uniform Building Code has been completed, including, but not necessarily limited to, the inspection of installed footings, reinforced steel, utility, plumbing and electrical conduits and/or services and all other work or activity customarily and typically inspected prior to the first pouring of foundation concrete. Completion of only site preparation activities such as site clearance, grading or excavation without commencement of actual building activity shall not constitute commencement of construction.
(Ord. 513-98 Exh. A-3, 1998; Ord. 670-06 § 3, 2006)
§ 18.54.110 Administrative use permit approval extension.
A.
An administrative use permit approval may be extended one time for an additional period of time not to exceed one year. Such request for extension must be submitted in writing to the Zoning Administrator prior to the expiration date of the administrative use permit approval. The request for extension shall be accompanied by a fee in an amount established by resolution of the City Council. The Zoning Administrator may grant or deny an application for extension of an administrative use permit approval. The Zoning Administrator may grant an extension if he or she finds that there has been no substantial change in the facts or circumstances present when the original application was approved.
B.
Upon expiration of the administrative use permit extension, the approval shall be deemed to be expired and shall become null and void. Upon expiration, approval of a new administrative use permit application shall be required prior to establishing the use on site.
(Ord. 513-98 Exh. A-3, 1998; Ord. 670-06 § 3, 2006)
§ 18.54.120 Revocation.
A.
Grounds for Revocation. An administrative use permit may be revoked due to noncompliance with one or more conditions.
B.
Public Hearing Required. The decision maker on the original administrative use permit approval shall hold a public hearing on any proposed revocation. Notice of the hearing shall be given pursuant to Section 18.52.082.
C.
Decision. The decision maker on the original administrative use permit approval may revoke the use permit or take such action as may be necessary to assure compliance with the condition or conditions.
D.
Planning Commission Appeal. Any Zoning Administrator decision in regard to the revocation may be appealed to the Planning Commission in accordance with the procedures of Section 18.52.087(B).
E.
City Council Appeal. Any Planning Commission decision in regard to the revocation may be appealed to the City Council in accordance with the procedures of Section 18.52.088(C).
(Ord. 670-06 § 3, 2006)
§ 18.54.130 New application.
Following the denial of an administrative use permit application, no application for the same or substantially the same project on the same or substantially the same site shall be filed within one year from the date of denial of the application.
(Ord. 513-98 Exh. A-3, 1998; Ord. 670-06 § 3, 2006)
§ 18.54.140 Administrative use permit to run with land.
An administrative use permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the administrative use permit application, as long as the approved activity is continued. However, should the activity approved by the administrative use permit be discontinued for a consecutive period of six months, the administrative use permit shall be deemed to be expired and shall become null and void, with the exception of seasonal sales lots. Upon expiration, further continuation of the activity on site will require approval of a new administrative use permit application.
(Ord. 513-98 Exh. A-3, 1998; Ord. 670-06 § 3, 2006; Ord. 900-22 § 4, 2022)