Union City City Zoning Code
CHAPTER 18
64 AMENDMENTS
§ 18.64.010 Scope of chapter.
Any amendment to this title which changes the boundaries of any district or changes any district regulation, off-street parking or loading facilities requirement, general provision, exception or other regulatory provision thereof shall be made only in accordance with the procedure prescribed in this chapter.
(Ord. 55-64 § 11.7(A), 1964; Ord. 670-06 § 3, 2006)
§ 18.64.020 Initiation.
A.
A change in the boundaries of any district may be initiated by the owner of the property within the area for which a change of district is proposed or the authorized agent of the owner filing an application for a change in district boundaries as prescribed in Section 18.64.030. If the area for which a change of district is proposed is in more than one ownership, all the property owners or their authorized agents shall join in filing the application.
B.
A change in boundaries of any district, or a change in a district regulation, off-street parking or loading facilities requirement, general provision, exception or other provision may be initiated by resolution of the Planning Commission or by action of the City Council.
(Ord. 55-64 § 11.7(B), 1964; Ord. 670-06 § 3, 2006)
§ 18.64.030 Application and fee.
A.
A property owner desiring to propose a change in the boundaries of the district in which his property is located or his authorized agent may file an application for a change in district boundaries on a form prescribed by the Director which shall include the following data:
B.
The application shall be accompanied by 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 location of streets and property lines and the names and last known addresses of the legal owners of record of all properties shown on the drawing.
C.
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.
D.
The applications shall be accompanied by a fee in an amount established by resolution of the City Council.
E.
The application shall be filed with the Director.
(Ord. 55-64 § 11.7(C), 1964; Ord. 670-06 § 3, 2006)
§ 18.64.040 Investigation and report.
The Director shall make an investigation of the application or the proposal and shall prepare a report thereon which shall be submitted to the Planning Commission.
(Ord. 55-64 § 11.7(D), 1964; Ord. 670-06 § 3, 2006)
§ 18.64.050 Planning Commission public hearing-Notice.
A.
Public Hearing Required. The Planning Commission shall hold at least one public hearing on each application for change in district boundaries and on each proposal for a change in district boundaries or of a district regulation, off-street parking or loading facilities requirement, general provision, exception or other regulatory provision of this title initiated by the Commission or the City Council.
(Ord. 55-64 § 11.7(E), 1964; Ord. 268-86 § 2, 1986; Ord. 55.313-90 § 2, 1990; Ord. 670-06 § 3, 2006)
§ 18.64.055 Conduct of hearing.
A.
At the public hearing the Planning Commission shall review the application or the proposal and may receive pertinent evidence as to why or how the proposed change is necessary to achieve the purposes of the zoning title.
B.
The Commission may review proposals for the use of the property for which a change in district boundaries is proposed or plans or drawings showing proposed structures or other improvements, in the light of the fact that under the provisions of this title, a change in district boundaries cannot be made conditionally and the owner of the property is bound only to comply with the regulations prescribed in this title.
(Ord. 55-64 § 11.7(E), 1964; Ord. 268-86 § 2, 1986; Ord. 55.313-90 § 2, 1990; Ord. 670-06 § 3, 2006)
§ 18.64.060 Planning Commission recommendation.
Following the public hearing the Planning Commission shall transmit a written recommendation to the City Council on all of the following.
A.
Recommending that the application be granted or denied or that the proposal be adopted or rejected, including the reasons for the recommendation.
B.
The relationship of the application or proposal to the general plan and any applicable specific plans.
C.
Whether the change is necessary or desirable to achieve the purposes of the zoning title.
(Ord. 55-64 § 11.7(F), 1964; Ord. 670-06 § 3, 2006)
§ 18.64.070 City Council public hearing-Notice.
§ 18.64.075 City Council decision.
The City Council shall make a specific finding as to whether the change is necessary or desirable to achieve the purposes of the zoning title. If the Council finds that the change is necessary or desirable, it shall enact an ordinance amending the zoning map or an ordinance amending the regulations of this title, whichever is appropriate. If the Council finds that the change is not necessary or desirable, it shall deny the application or reject the proposal.
(Ord. 55-64 § 11.7(G), 1964; Ord. 670-06 § 3, 2006)
§ 18.64.080 Change of zoning map.
A change in a district boundary shall be indicated on the zoning map with a notation of the date and number of the ordinance amending the map.
(Ord. 55-64 § 11.7(H), 1964; Ord. 670-06 § 3, 2006)
§ 18.64.090 New application.
Following the denial of an application for a change in a district boundary, no application for the same or substantially the same change shall be filed within one year of the date of denial of the application.
(Ord. 55-64 § 11.7(I), 1964; Ord. 670-06 § 3, 2006)
§ 18.64.100 Annexed territory.
All territory which is annexed to the City shall be prezoned as necessary pursuant to Government Code Section 56375 and in accordance with the provisions of this chapter. The Planning Commission shall make a study of the territory to determine in which zoning district it should be classified in order to carry out the purposes of the zoning title. If the Commission finds that a change of district is required, it shall initiate the change as prescribed in Section 18.64.020. The owner of property or the authorized agent of the owner may file an application for a change in district as prescribed in Section 18.64.020.
(Ord. 55-64 § 11.7(J), 1964; Ord. 670-06 § 3, 2006)