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Union City City Zoning Code

CHAPTER 18

76 SITE DEVELOPMENT REVIEW

§ 18.76.010 Purpose.

Site development review is intended 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 clauses or performance standard requirement of the zoning title.
(Ord. 55-64 § 13.0, 1964; Ord. 55.53-69 § 2, 1969; Ord. 55.130-74 § 2, 1974; Ord. 55.281-87 § 2, Exh. A, 1987; Ord. 342-90 § 2, 1990; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006; Ord. 915-23 § 4, 2023)

§ 18.76.020 Applicability.

A. 
The site development review procedure shall apply to all proposed projects in all districts established under Title 18: Zoning.
B. 
The site development review procedure shall apply to all projects enumerated in subsection A of this section unless determined by the Director to qualify for administrative site development review as provided in Chapter 18.72.
C. 
The site development review procedure shall not apply to City projects on City-owned properties.
(Ord. 55-64 § 13.1, 1964; Ord. 55.53-69 § 2, 1969; Ord. 55.130-74 § 2, 1974; Ord. 55.224-80 § 4, 1980; Ord. 55.229-81 § 7, 1981; Ord. 55.275-86 § 3, 1986; Ord. 55.281-87 § 2 Exh. A, 1987; Ord. 342-90 § 2, 1990; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006; Ord. 903-22 § 4, 2022; Ord. 915-23 § 4, 2023)

§ 18.76.030 Application, fees and exhibits.

A. 
An application for a site development review 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 site development review prescribed in this chapter;
B. 
The application shall be accompanied by the items identified in 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 site development review shall be filed through the Director for review and approval or disapproval by the Planning Commission prior to the issuance of any building permits.
(Ord. 55-64 § 13.12, 1964; Ord. 55.53-69 § 2, 1969; Ord. 55.130-74 § 2, 1974; Ord. 55.281-87 § 2 Exh. A, 1987; Ord. 342-90 § 2, 1990; amended during 1990 republication; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006; Ord. 915-23 § 4, 2023)

§ 18.76.040 Investigation.

The Director, upon receipt of an application for 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.
Such investigations shall include reports, upon referral, to other departments of the City, and any other public agency or district concerned.
If, in the opinion of the Director, the proposed use may cause the emission of dangerous or objectionable noise, odors, lights, dust, smoke or vibrations, the Director, with the consent of the applicant, may refer the application for investigation and report to one or more expert consultant(s) who shall report in writing to the Director and a copy of such report shall be furnished to the applicant. The applicant shall be required to pay the fee for services of the consultant(s).
At the conclusion of such investigation, the Director shall prepare a report thereon which shall be submitted to the Planning Commission.
(Ord. 55-64 § 13.5, 1964; Ord. 55.53-69 § 2, 1969; Ord. 55.281-87 § 2 Exh. A, 1987; Ord. 342-90 § 2, 1990; amended during 1990 republication; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006; Ord. 915-23 § 4, 2023)

§ 18.76.045 Findings for approval.

A. 
All of the following findings are required for approval of a site development review:
1. 
Approval of this application is consistent with the General Plan and any applicable specific plans;
2. 
Approval of this application is consistent with the purposes of this title and the requirements of the district in which the site is located;
3. 
Approval of this application is consistent with the purpose of site development review as outlined in Section 18.76.010.
B. 
A 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 a site development review.
(Ord. 679-06 § 2, 2006; Ord. 915-23 § 4, 2023)

§ 18.76.050 Planning Commission public hearing-Notice.

The Planning Commission shall hold a public hearing for any application for a site development review permit. Notice of the public hearing shall be given pursuant to Section 18.52.082.
(Ord. 670-06 § 3, 2006; Ord. 915-23 § 4, 2023)

§ 18.76.080 Planning Commission decision and appeals.

A. 
The Planning Commission may grant an application for a site development review as applied for or in modified form, if on the basis of the application and the evidence submitted, the Commission finds that the application complies with the findings set forth in Section 18.76.045. The Planning Commission may adopt additional conditions of approval as the facts warrant.
B. 
The Planning Commission may deny an application for site development review.
C. 
Decisions of the Planning Commission and appeals of such decisions shall be made in accordance with the provisions of Section 18.52.088.
(Ord. 670-06 § 3, 2006; Ord. 679-06 § 2, 2006; Ord. 915-23 § 4, 2023)

§ 18.76.095 Site development review modifications.

Applications to modify any site development review approval or any condition of approval shall be subject to the same procedures and regulations as those applicable to the original application.
In the event a site development review application is approved on property previously affected by a site development review approval, the previous approval and its conditions shall be null and void.
(Ord. 55-64 § 13.9, 1964; Ord. 55.53-69 § 2, 1969; Ord. 55.265-86 § 3, 1986; Ord. 55.281-87 § 2 Exh. A, 1987; Ord. 342-90 § 2, 1990; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006; Ord. 915-23 § 4, 2023)

§ 18.76.100 Site development review approval expiration.

A 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 Department and construction is commenced and diligently pursued toward completion on the site which was the subject of the site development review application or a certificate of occupancy is issued by the Building Department for the site or structure which was the subject of the 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.
In the case where site development review approval was granted either concurrently with, or subsequently consistent with, an approved residential tentative map, the site development review approval shall be valid through the duration of the tentative map, as specified by Section 66452.6 of the California State Subdivision Map Act.
(Ord. 55-64 § 13.10, 1964; Ord. 55.53-69 § 2, 1969; Ord. 55.265-86 § 3, 1986; Ord. 55.281-87 § 2 Exh. A, 1987; Ord. 342-90 § 2, 1990; Ord. 55.325-92 § 2 (Exh. A), 1992; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006; Ord. 915-23 § 4, 2023)

§ 18.76.105 Site development review extension.

A. 
A site development review approval may be extended for an additional period of time not to exceed one year no more than two times. Each such request for extension must be submitted in writing to the Zoning Administrator prior to the expiration date of the 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 a 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 or circumstances present when the original application was approved.
B. 
Upon expiration of the site development review extension, the project shall be deemed to be expired and shall become null and void. Upon expiration, approval of a new site development review application shall be required prior to commencing with the project.
(Ord. 457-95, § 2, 1995; Ord. 513-98 Exh. A-1, 1998; Ord. 670-06 § 3, 2006; Ord. 861-19 § 2, 2019; Ord. 915-23 § 4, 2023)

§ 18.76.110 New application.

Following the denial of a 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. 419-93 § 2, 1993; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006; Ord. 915-23 § 4, 2023)