WHAT IS A ZONE CHANGE?
A zone change or rezoning is an action by the City Council which changes the permitted uses and/or development standards on a particular parcel of land. A rezoning request will be evaluated on conformance with the General Policies Plan and Map designation, applicable Neighborhood Plan, assessment of environmental impacts, and other factors.
WHAT DOES IT COST?
The initial application fee for a Zone Change request is a $12,000 deposit to be used for cost of staff review time and materials (no maximum), billed on a monthly basis. This charge covers staff review of the request, preparation of a staff report and presentation of the application to the Planning Commission and City Council.
WHO APPROVES A ZONE CHANGE APPLICATION?
The Planning Commission may recommend approval, denial, or modification of an application, or may hold over an application to a future meeting for further study and/or additional information. The City Council will consider the Planning Commission's recommendation and will make a final decision. For Planned Development applications, the initial application is followed by a Precise Plan application, which is approved by the Planning Director.
WHAT ARE THE STEPS?
- Make an appointment to see a Planner to determine whether you need to file a zone change application and if so, what issues, policies or standards will be considered in evaluating your request.
- Submit filled out application, filing fee, and required materials to the Planning Division.
- The Planning Division will review your proposal to ensure the information is adequate and will refer the proposal and plans (Planned Development District) to affected departments, agencies, private or business organizations, or homeowner associations for their comments.
- The Planning Division will prepare a report analyzing your zone change request and a public hearing will be scheduled before the Planning Commission.
- Upon a recommendation of approval by the Planning Commission, or upon appeal of a recommendation of denial, the City Council will hold a public hearing and consider their recommendation.
HOW LONG DOES THE PROCESS TAKE?
The Planning Commission will hold a public hearing 8 to 10 weeks after an application is deemed complete and environmental documents have been prepared. The City Council will hold a public hearing approximately 4 to 6 weeks after the Planning Commission makes its recommendation.
WHAT IS INVOLVED IN A PUBLIC HEARING?
Twenty days before the hearing, the applicant and all persons who own or reside at property within 300 feet of the boundaries of the project will be notified of the place, time and date of the hearing. The Planning Commission will consider the Planning Division staff report and evaluate testimony from the applicant and his or her representatives and the public. After the public hearing portion of the meeting is concluded, the Planning Commission may recommend approval of the zone change request, deny it, hold the matter over for additional information or redesign in the case of a Planned Development District request.
MAY A DECISION BE APPEALED?
An applicant or anyone else who is dissatisfied with the recommendation of the Planning Commission may appeal the Commission's recommendation to the City Council. To appeal, a written statement explaining one's objection(s) must be filed within ten days after the Commission's decision. A public hearing will then be set to consider the appeal. Appeals are generally heard within 4 to 6 weeks, and the decision of the Council is final.
WHEN ARE HEARINGS HELD?
The Planning Commission holds public hearings twice monthly on Thursdays at 7 p.m. in the City Council Chambers, City Hall, 777 B Street, Hayward. The City Council meets on Tuesdays of each month at 7 p.m.