Union City City Zoning Code
CHAPTER 18
72 ADMINISTRATIVE SITE DEVELOPMENT REVIEW
§ 18.72.010 Purpose.
The purpose of administrative site development review is to enable the Zoning Administrator to evaluate and approve minor projects and minor modifications to approved 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 or the erection or maintenance of structures 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-5, 1998; Ord. 670-06 § 3, 2006)
§ 18.72.020 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.
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.
means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use as a dwelling with or without a permanent foundation when connected to the required utilities.
means an alteration or modification of an existing plan, development or project which is substantially inferior in bulk, degree or importance to the overall dimension and design of the plan, development or project, with no change proposed for the use of the land in question, no change proposed in the character of the structure or structures involved, and no variance required. Specific conditions of approval may not be modified by administrative site development review nor may provisions relating to the operation of a conditional use be altered or changed.
means any project which is specified as such in the pertinent district regulations and which is substantially inferior in bulk, degree or importance to the overall development or project, proposes no change in the existing use of the land, and which does not require a variance.
A minor project in a single-family residential district may also include the following:
One- or two-story, single-family dwelling or manufactured home when not proposed in conjunction with another residential unit and when there is no cumulative impact as defined herein;
The relocation of a single-family home, including a manufactured home;
The construction of a second story addition to an existing single-family dwelling.
(Ord. 513-98 Exh. A-5, 1998; Ord. 670-06 § 3, 2006; Ord. 731-10 § 2, 2010)
§ 18.72.030 Applicability.
The administrative site development review procedure shall apply to the following types of projects in the specified districts:
A.
RS Districts, R 5000, 511 District. One- and two-story single-family dwellings, second story additions, modifications to one- and two-story single family dwellings that result in the removal of 50% or more of the perimeter walls of the existing dwelling, any exterior additions or alterations to a semi-detached single-family dwelling, manufactured housing units, accessory structures over 450 square feet in area, decks and balconies over 30 inches above ground, accessory structures which propose water or sewer utility connections, changes to the street-facing façade(s) of a building that is eligible to be included in the City's Landmark and Historic Preservation Overlay Zone, and minor changes to approved projects.
B.
H-District. Notwithstanding Section 18.76.020, proposed uses in an H-District may be reviewed under this chapter upon a determination by the Director that the project is a minor project, such as one- and two-story single-family dwellings, second-story additions, any exterior additions or alterations to a semi-detached single-family dwelling, manufactured housing units, accessory structures over 450 square feet in area, decks and balconies over 30 inches above ground, accessory structures which propose water or sewer utility connections, satellite dish antennas, and minor changes to approved projects.
C.
RM Districts. In all district classifications, minor projects which modify existing developments, including, but not limited to, such products as the addition of accessory structures and modification of landscaping and/or parking and circulation areas, roof or mechanical equipment visible from off site, aboveground utility installations and minor changes to approved projects.
D.
Landmark and Historic Preservation (LHP) Overlay Zone. Second story additions to historical residences, exterior remodel or redesign of a historic residence, and new accessory structures over 450 square feet in area in a historic district.
E.
Commercial, Industrial and Other Zoning Districts Not Listed Above. In all district classifications, minor projects which modify existing developments, including, but not limited to, such projects as the addition of accessory structures and modification of landscaping and/or parking and circulation areas, buildings in the CUL district with conceptual approval, roof or mechanical equipment visible from off site, aboveground utility installations, small containers for collection of recycled products such as reverse vending machines, outdoor coin operated vending machines through which a physical product is rendered, but not including periodical or newspaper dispensers; and minor changes to approved projects.
F.
New construction as specified in the zoning district regulations.
(Ord. 513-98 Exh. A-5, 1998; Ord. 670-06 § 3, 2006; Ord. 731-10 § 2, 2010; Ord. 883-21 § 4, 2021; Ord. 900-22 § 4, 2022)
§ 18.72.040 Limitations.
A.
B.
If the Zoning Administrator determines that any of the following conditions exist, the application shall be reviewed pursuant to the provisions of Chapter 18.76, Site Development Review, rather than this chapter:
1.
In the opinion of the Zoning Administrator the project will have cumulative impacts as defined in Section 18.72.020.
2.
The proposed project is not categorically exempt from the requirements of the California Environmental Quality Act (CEQA).
3.
In the opinion of the Zoning Administrator, the proposed project is or will be a matter of major public interest or controversy.
4.
In the opinion of the Zoning Administrator the proposed project does not clearly fall within a designated category for which administrative site development review is allowed.
5.
In the opinion of the Zoning Administrator, the proposed use 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.
6.
The application is for construction of single-family dwellings, including manufactured housing, and more than one application is filed in a 24 month period on parcels that are contiguous to each other and under the same ownership.
(Ord. 513-98 Exh. A-5, 1998; Ord. 670-06 § 3, 2006; Ord. 900-22 § 4, 2022)
§ 18.72.050 Application, fees and exhibits.
A.
An application for an administrative site development review 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 site development review prescribed in this chapter.
B.
The application shall be accompanied by the items identified by the Formal Application Checklist as prescribed by the Director.
C.
The application shall be accompanied by a fee in an amount established by resolution of the City Council.
D.
All applications for administrative site development review 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-5, 1998; Ord. 670-06 § 3, 2006; Ord. 900-22 § 4, 2022)
§ 18.72.055 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. 670-06 § 3, 2006)
§ 18.72.060 Investigation.
A.
The Zoning Administrator, upon receipt of an application for administrative site development review, shall make such investigations as are necessary to determine whether or not the proposed use or structure conforms or may be conditioned to conform fully to the regulations for the district as herein set forth.
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-5, 1998; Ord. 670-06 § 3, 2006)
§ 18.72.070 Findings for approval.
A.
All of the following findings are required for approval of an administrative site development review:
B.
An administrative site development review may be revocable 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 an administrative site development review.
(Ord. 513-98 Exh. A-5, 1998; Ord. 670-06 § 3, 2006; Ord. 679-06 § 2, 2006)
§ 18.72.080 Zoning Administrator decision and appeals.
The Zoning Administrator may approve, conditionally approve, or disapprove applications for administrative site development review or refer an administrative site development review application to the Planning Commission. 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; Ord. 900-22 § 4, 2022)
§ 18.72.090 Expiration of administrative site development review approval.
An administrative site development review 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 the year a building permit is issued by the Building Inspector and construction is commenced and diligently pursued toward completion on the site which was the subject of the administrative site development review application or a certificate of occupancy is issued by a Building Inspector for the site or structure which was the subject of the administrative site development review 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-5, 1998; Ord. 670-06 § 3, 2006)
§ 18.72.100 Administrative site development review approval extension.
A.
An administrative site development review 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 no later than 10 business days prior to the expiration date of the administrative site development review 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 site development review approval. The Zoning Administrator may grant an extension if he or she finds that there has been no substantial change in the facts and circumstances present when the original application was approved.
B.
Upon expiration of the administrative site development review extension, the project shall be deemed to be expired and shall become null and void. Upon expiration, approval of a new administrative site development review application shall be required prior to commencing with the project.
(Ord. 513-98 Exh. A-5, 1998; Ord. 670-06 § 3, 2006; Ord. 900-22 § 4, 2022)
§ 18.72.105 New application.
Following the denial of an administrative site development review 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-5, 1998; Ord. 670-06 § 3, 2006)