Union City City Zoning Code
CHAPTER 18
56 USE PERMITS
§ 18.56.010 Purpose.
This chapter provides procedures for reviewing unique land uses that are not clearly permitted or clearly prohibited in particular districts. Because of their unusual characteristics, conditional uses, including related structures and improvements, require special consideration so that they may be located properly and compatibly with respect to the objectives of the zoning title and with respect to their effects on surrounding properties and uses.
(Ord. 513-98 Exh. A-4, 1998; Ord. 670-06 § 3, 2006)
§ 18.56.020 Issuance.
Use permits, except for those that require City Council approval in the CSMU (Station Mixed Use Commercial) district, may be issued by the Planning Commission for such conditional uses in such districts as are prescribed in the district regulations of this title, in accordance with the procedure prescribed in this chapter.
(Ord. 513-98 Exh. A-4, 1998; Ord. 670-06 § 3, 2006)
§ 18.56.030 Application and fee.
A.
An application for a use permit shall be made to the Planning Commission 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 a use permit prescribed in this chapter.
B.
The application shall be accompanied by the following items:
1.
An accurate scale drawing of the site and the surrounding area for a distance of at least 300 feet from each boundary of the site showing the existing locations of streets and property lines and the names and last known addresses of the legal owners of record and/or occupants of all properties shown on the drawing;
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;
3.
A mailing list on mailing labels of the legal owners of record and occupants of all properties at least 300 feet from each boundary of the site.
C.
The applications shall be accompanied by a fee in an amount established by resolution of the City Council.
D.
The application shall be filed with the Director.
(Ord. 513-98 Exh. A-4, 1998; Ord. 670-06 § 3, 2006)
§ 18.56.040 Investigation and report.
The Director shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the Planning Commission.
(Ord. 513-98 Exh. A-4, 1998; Ord. 670-06 § 3, 2006)
§ 18.56.050 Public hearing-Notice.
The Planning Commission shall hold a public hearing for any application for a use permit. Notice of the public hearing shall be given pursuant to Section 18.52.082.
(Ord. 513-98 Exh. A-4, 1998; Ord. 670-06 § 3, 2006)
§ 18.56.060 Findings for approval.
A.
All of the following findings are required for approval of a 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, any applicable specific plans, and will comply with each of the applicable provisions of this title.
B.
A 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.
C.
The above findings are also required for any approval on appeal, or approval of a modification to a use permit.
(Ord. 513-98 Exh. A-4, 1998; Ord. 670-06 § 3, 2006)
§ 18.56.070 Planning Commission decision and appeals.
A.
Use Permits Generally. The Planning Commission may approve, conditionally approve or disapprove use permit applications, except for any use permit in the CSMU district. Planning Commission decisions and appeals of such decisions shall be made in accordance with the provisions of Section 18.52.088.
B.
Use Permits in the CSMU District. The Planning Commission shall review use permit applications in the CSMU district at a public hearing pursuant to Section 18.52.082 and shall forward a recommendation of approval, conditional approval or denial to the City Council. The City Council may approve, conditionally approve or disapprove the application.
C.
Concurrent Processing. When a use permit is required for a project that is also subject to a site development review, zoning ordinance amendment, specific plan, specific plan amendment, or General Plan amendment, the permit shall be approved, conditionally approved, or denied by the same decisionmaker as for those decisions. In these instances, the Planning Commission shall review the permit at a public hearing as required by Section 18.56.050 for use permits and shall forward a recommendation of approval, conditional approval or denial to the City Council.
(Ord. 670-06 § 3, 2006)
§ 18.56.080 Expiration of use permit approval.
A use permit approval shall be valid for one year following the date on which the use permit became effective. The approval shall become null and void unless prior to the expiration of one year the use has been established on the site 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 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-4, 1998; Ord. 670-06 § 3, 2006)
§ 18.56.090 Use permit approval extension.
A.
A use permit approval may be extended administratively one time for an additional period of time not to exceed one year. In addition, a use permit approval may be extended administratively for a second additional period of time not to exceed one year if the corresponding site development review has also been extended pursuant to Section 18.76.105 of this Code. Each such request for administrative extension must be submitted in writing to the Zoning Administrator prior to the expiration date of the 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 a 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 extension for a use permit approval, the approval shall be deemed to be expired and shall become null and void. Upon expiration, approval of a new use permit application shall be required prior to establishing the use on-site.
(Ord. 513-98 Exh. A-4, 1998; Ord. 670-06 § 3, 2006; Ord. 861-19 § 3, 2019)
§ 18.56.100 Revocation.
A.
Grounds for Revocation. A use permit may be revoked due to noncompliance with one or more conditions.
B.
Public Hearing Required. The decision maker on the original 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 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.
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. 513-98 Exh. A-4, 1998; Ord. 670-06 § 3, 2006)
§ 18.56.110 New application.
Following the denial of a use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the use permit.
(Ord. 513-98 Exh. A-4, 1998; Ord. 670-06 § 3, 2006)
§ 18.56.120 Use permit to run with land.
A 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 use permit application. However, should the activity approved by the use permit be discontinued for a consecutive period of six months, the use permit shall be deemed to be expired and shall become null and void. Upon expiration, further continuation of the activity on-site will require approval of a new use permit application.
(Ord. 513-98 Exh. A-4, 1998; Ord. 670-06 § 3, 2006)
§ 18.56.130 Preexisting conditional uses.
A.
A conditional use established prior to enactment of this title shall be permitted to continue.
B.
Alteration or expansion of a conditional use established prior to enactment of this title shall be permitted upon the granting of a use permit. However, a use permit shall not be required for accessory structures and uses located on the same site as a preexisting conditional use.
C.
A use permit shall be required for the reconstruction of a structure housing a conditional use established prior to enactment of the ordinance codified in this chapter if the structure is destroyed by fire or other calamity or by act of God or by the public enemy to a greater extent than 50%.
D.
The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the Building Inspector.
(Ord. 513-98 Exh. A-4, 1998; Ord. 670-06 § 3, 2006)