Article 13 — Amendments To Planning Regulations And Zoning Maps

This article establishes a uniform process for the amendment of these planning regulations, including the boundaries of base zones and overlay zones established pursuant to Chapter 3; provided, that such amendment is consistent with the General Plan.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

The procedures in this article apply to all proposals to change the text of these planning regulations or to revise a zoning district classification or boundary line shown on the Zoning Maps in Section 9-3.103. These procedures do not apply to amendments to the building intensity (floor area ratio), height, and residential density maps in Article 2 of Chapter 4, which are part of the General Plan and may only be amended pursuant to the General Plan amendment procedures in Article 12 of this chapter.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

An amendment to these planning regulations or the Zoning Maps may be initiated by:

• (a) Any qualified applicant as identified in Article 2 of this chapter, Common Procedures; or

• (b) An order of the City Council or Planning Commission, on its own motion or on the recommendation of the Director of Planning and Building.

• (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

An application for an amendment to these planning regulations and/or the Zoning Maps shall be filed and processed in accordance with the provisions of Article 2 of this chapter, Common Procedures, and shall be considered by the City Council with a recommendation from the Planning Commission. Its approval shall be by ordinance and is subject to referendum. The Director shall prepare a report and recommendation to the Commission, which shall include, but is not limited to, a discussion of how the proposed amendment meets the findings in Section 9-7.1305. The Commission's recommendation shall be forwarded to the City Council for action on the proposed amendment except in the situation specified in Section 9-7.1306(a). (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

The Planning Commission in recommending, and the City Council in approving, an amendment to these planning regulations or the Zoning Maps must make all of the following findings:

• (a) The proposed amendment is consistent with the General Plan.

• (b) The proposed amendment is necessary for public health, safety, and general welfare or will be of benefit to the public.

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City of Emeryville, CA

PLANNING REGULATIONS

9-7.1305

9-7.1307

• (c) The proposed amendment has been reviewed in compliance with the requirements of the California Environmental Quality Act.

• (d) For a change to the Zoning Maps, that the subject property is suitable for the uses permitted in the proposed zone in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations, and that the proposed change of zoning district is not detrimental to the use of adjacent properties.

• (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

The Planning Commission shall hold a public hearing noticed and conducted as required by Article 2 of this chapter, Common Procedures, and shall then vote on its recommendation on the proposed amendment.

• (a) Recommendation Against Amendment to Rezone Property. If the matter under consideration is an amendment to change property from one (1) zone to another, and the Planning Commission recommends against the adoption of such amendment, the application is denied and the City Council shall not be required to take any further action on the amendment unless the Planning Commission's decision is appealed pursuant to Article 14 of this chapter.

• (b) All Other Situations. Following the public hearing, the Planning Commission shall submit a recommendation on the proposed amendment and environmental determination to the City Council. The recommendation shall include the reasons for the recommendation; the extent to which the proposed amendment meets the purposes of this article; the compatibility of the proposed amendment with the General Plan and any other adopted plan; and any changes to the amendment that the Commission deems necessary to comply with the General Plan and other adopted plans, or to reduce environmental impacts.

• (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

After receiving the report from the Planning Commission, the City Council shall hold a public hearing noticed and conducted as required by Article 2 of this chapter, Common Procedures. The notice shall include a summary of the Planning Commission recommendation. After the conclusion of the hearing, the City Council may approve, modify, or disapprove the recommendations of the Planning Commission; provided, that any substantial modification of the proposed amendment by the City Council not previously considered by the Planning Commission during its hearing shall first be referred to the Planning Commission for report and recommendation. The Planning Commission is not required to hold a public hearing on the matter. If the Planning Commission fails to report back to the City Council within sixty (60) days after the referral, the modification shall be deemed to have been recommended for approval. The City Council's approval of an amendment to these planning regulations and/or Zoning Maps shall be by ordinance.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

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City of Emeryville, CA

Article 14 Appeals

This article establishes uniform procedures for appeals of interpretations, determinations, and decisions made pursuant to the provisions of these planning regulations. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

Interpretations, determinations, and decisions made by the Director of Planning and Building may be appealed to the Planning Commission. Interpretations, determinations, and decisions made by the Planning Commission may be appealed to the City Council. Appeals may be filed by the applicant, by the owner of property, or by any other person aggrieved by a decision that is subject to appeal under the provisions of these planning regulations. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

Unless otherwise specified in State or Federal law, all appeals shall be filed in writing within fifteen (15) days of the date of the interpretation, determination, or decision from which the appeal is taken. The appeal shall identify the decision being appealed and shall clearly and concisely state the reasons for the appeal.

• (a) In the event that an appeal period ends on a Saturday, Sunday, or City holiday, the appeal period shall end at the close of business on the next City business day.

• (b) The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of building permits and business licenses.

• (c) If a basis of the appeal is that the Director's or the Commission's action constituted a taking of the subject property or any part thereof under the California or United States Constitutions, that ground and all evidence (including specific financial data and analyses, if any) and argument in support thereof shall be clearly stated as a separate ground of the appeal, or it shall be waived. If specific evidence is not presented as part of the appeal, the appellant shall be deemed to have waived any claim to sworn testimony and crossexamination.

• (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

Appeals to the Planning Commission of interpretations, determinations, and decisions made by the Director of Planning and Building shall be filed and processed in accordance with the provisions of Article 2 of this chapter, Common Procedures.

• (a) Transmission of Record. The Director shall forward the appeal, decision letter or other documentation of the decision, and all other documents that constitute the record, to the Planning Commission. The Director shall also prepare a staff report that responds to the issues raised by the appeal and that may include a recommendation for action, and shall set the matter for consideration at the next available Planning Commission meeting.

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City of Emeryville, CA

PLANNING REGULATIONS

9-7.1404

9-7.1405

• (b) Planning Commission Action. The Planning Commission shall review the appeal, the record, and any written correspondence submitted after the appeal has been filed, and shall either:

  • (1) Affirm the decision of the Director and dismiss the appeal based on a determination that the facts ascertainable from the record do not warrant further hearing;

  • (2) Set a date for a public hearing on the appeal; or

  • (3) Remand the matter to the Director to cure a deficiency in the record or the proceedings.

• (c) Public Notice. If the Commission votes to conduct a public hearing, notice shall be provided in the same manner as required for the action that was the subject of the appeal pursuant to the provisions of Article 2 of this chapter, Common Procedures. Notice shall also be provided to all persons who spoke on the matter at any prior hearings or submitted written comments only if they provided their names and addresses at the time they spoke at the prior hearing.

• (d) Planning Commission Action on Appeal. Within thirty (30) days after closing the public hearing, the Commission shall either:

  • (1) Continue the hearing and request a supplemental report from the Director, in which event the Commission may extend the time for rendering the decision an additional thirty (30) days;

  • (2) Approve the Director's action upon finding that all applicable findings have been correctly made and all provisions of this title have been complied with;

  • (3) Approve the Director's action but impose additional conditions and/or guarantees as it deems necessary to fulfill the purposes of this title; or

  • (4) Disapprove the Director's action upon finding that all applicable findings have not been made or all provisions of this title have not been complied with.

• (e) Majority Vote Required. An action to grant an appeal shall require a majority vote of Planning Commission members present and voting. A tie vote shall have the effect of rejecting the appeal.

• (f) Commission's Decision Is Final. The decision of the Planning Commission is final and may not be appealed to the City Council.

• (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

Appeals to the City Council of interpretations, determinations, and decisions made by the Planning Commission shall be filed and processed in accordance with the provisions of Article 2 of this chapter, Common Procedures.

• (a) Transmission of Record. The Director shall forward the appeal, decision letter or other documentation of the decision, and all other documents that constitute the record, to the City Clerk for forwarding to the City Council. The Director shall also prepare a staff report that responds to the issues raised by the appeal and that may include a recommendation for

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City of Emeryville, CA 9-7.1405

EMERYVILLE CODE

9-7.1407

action. The City Clerk shall set the matter for consideration at the next available City Council meeting.

• (b) City Council Action on Appeal. The Council shall review the appeal, the record, and any written correspondence submitted after the appeal has been filed, and shall either:

  • (1) Affirm the decision of the Commission and dismiss the appeal based on a determination that the facts ascertainable from the record do not warrant further hearing;

  • (2) Set a date for a public hearing on the appeal; or

  • (3) Remand the matter to the Commission to reconsider the application, identifying the issues that the Commission is directed to consider and specifying whether or not the Commission shall hold a new public hearing.

• (c) Public Notice. If the Council votes to conduct a public hearing, notice shall be provided in the same manner as required for the action that was the subject of the appeal pursuant to the provisions of Article 2 of this chapter, Common Procedures. Notice shall also be provided to all persons who spoke on the matter at any prior hearings or submitted written comments only if they provided their names and addresses at the time they spoke at the prior hearing. In addition, the Planning Commission may be represented at the hearing.

• (d) City Council Action on Appeal. Within sixty (60) days after closing the public hearing, the City Council shall either:

  • (1) Continue the hearing and request a supplemental report from the Planning Commission, in which event the Council may extend the time for rendering the decision an additional thirty (30) days;

  • (2) Approve the Commission's action upon finding that all applicable findings have been correctly made and all provisions of this title have been complied with;

  • (3) Approve the Commission's action but impose additional conditions and/or guarantees as it deems necessary to fulfill the purposes of this title; or

  • (4) Disapprove the Commission's action upon finding that all applicable findings have not been made or all provisions of this title have not been complied with.

• (e) Majority Vote Required. An action to grant an appeal shall require a majority vote of City Council members present and voting. A tie vote shall have the effect of rejecting the appeal.

• (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

A majority of the City Council may call for review of a decision of the Planning Commission within the fifteen (15) day appeal period. The call for review shall be processed in the same manner as an appeal by any other person. Such action by the Council shall stay all proceedings in the same manner as the filing of an appeal. Such action shall not require any statement of reasons and shall not represent opposition to or support of an application or appeal. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

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City of Emeryville, CA

PLANNING REGULATIONS

9-7.1407

9-7.1407

When reviewing a decision on appeal, the hearing body shall use the same standards for decision-making required for the original decision. The hearing body may adopt the same decision and findings as were used for the original decision.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

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City of Emeryville, CA