Union City City Council
July 12, 2022

Project Narrative
Station East PA3
33945 7th Street, Union City (APN’s 087-0021-13-1 and 087- 0021-13-2) Site Development Review Application
Revised 06-03-22
Community Summary
USA is proposing to redevelop the site known as Planning Area 3 within the SEMU-R with a 123- unit affordable apartment community which is consistent with the objectives and policies of the City’s General Plan, the Decoto Industrial Park Study Area Specific Plan, and the SEMU-R Amendment and Tentative Tract Map which was approved June 8,2021.

The site’s General Plan and Zoning designation are Station East Mixed Use Residential (SEMU-R). Residential uses with a minimum density of twenty-five (25) units per acre and a maximum density of one hundred (100) units per acre are allowed within the SEMU-R Zoning district.

The proposed community consists of a five-story apartment building over a sub-t parking garage (total building height of 59’9” to top of parapet). The proposed total gross building area is approximately 124,628 SF, including apartments and leasing/resident-serving amenity uses, circulation, stairs, and the parking garage.

The community has been designed with the focus of providing a strong street presence on both 7th street and the future K street (as depicted on the tentative tract Map for the SEMUR Amendment). Along 7th Street the building is set back twenty feet (20’) from 7th Street.

Seven (7) residential units front onto 7th street and have direct access to the street via a residential stoop activating the street edge. The main entrance to the building is located on the future K Street and includes a circulation bridge which breaks up the building mass and makes it a prominent feature of the community. The circulation bridge provides access to the residential units above and provides a view into the community courtyard. The building lobby area has been located at the corner of 7th and K street which with the use and placement of glass give it a storefront like feel. Six (6) residential units also front onto K street and have direct access to the street via a residential stoop activating that street edge as well.

Unit sizes range between 595-874 sf and include 106 one-bedroom units and 17 twobedroom units (123 Units total). The overall density of the project of 128 dwelling units (DU) per acre. Density bonus law allows no density limit for 100% affordable communities within ½ mile of a major transit stop.

City Council/RSA Agenda 798 Tuesday, July 12, 2022

Unit Mix
Units Mix
1 BD/1BA 106 86%
2 Bd/2 BA 17 14%
Total 123 100%
Parking, Access, and Circulation
The sub-t parking garage will provide a total of 68 parking stalls. The proposed number of parking spaces is below the parking ratio required under the SEMU-R for affordable communities within ½ mile of a major transit stop (0.5 spaces/unit=70 total stalls). The project is requesting that no parking standards be imposed as is allowed under Government Code CHAPTER 4.3. Density Bonuses and Other Incentives [65915 - 65918]:
“(B) For purposes of this subdivision, a development shall have unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments. For purposes of this subparagraph, “natural or constructed impediments” includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots, or rails used for transit.
(3) Notwithstanding paragraph (1), if a development consists solely of rental units, exclusive of a manager’s unit or units, with an affordable housing cost to lower income families, as provided in Section 50052.5 of the Health and Safety Code, then, upon the request of the developer, a city, county, or city and county shall not impose vehicular parking standards if the development meets either of the following criteria: “(Emphasis Added).”
(A) The development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development. “(Emphasis Added).”
(B) The development is a for-rent housing development for individuals who are 62 years of age or older that complies with Sections 51.2 and 51.3 ofthe Civil Code and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.”
The proposed project consists solely of rental units, exclusive of a manager’s unit, with City Council/RSA Agenda 799 Tuesday, July 12, 2022

affordable housing cost to lower income families, as provided in Section 50052.5 of the Health and Safety Code (between 30%-70% AMI). The 7th Street and Daggett bus stop running Union City Transit bus line 4 is located just outside the doorsteps of the community along 7th street. In addition, the Decoto Road at 7th AC Transit and Union City bus stop running bus lines 99, 232, 801, and 4 is less than ¼ mile from the site on Decoto Road. These bus lines together provide a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods which meets the definition of a major transit stop within Public Resources Code 21064.3. The project would therefore be eligible to have no imposed vehicular parking standards under Density Bonuslaw.

Parking within the garage includes 42 regular parking stalls, 4 ADA stalls, and 22 tandem stalls within a movable pallet system. The pallet system will allow the tandem stalls to be available to all residents.

The pallet parking system is manufactured and will be maintained by Klaus Multiparking “Klaus”. Klaus is based in Berkeley California, and, since 1993, has installed and maintains upwards of 9000 automated parking stalls on the west coast, with most of those in the bay area (see Attachment “A” for a short reference list). Klaus has 12 service people on staff and other groups in various cities across the western US and have many systems which have been operating over 20 years. Worldwide, Klaus has more than 750,000 stalls.

Safety is built into every part of Klaus systems. This includes UL compliance for speed, and mechanical & electrical safety, sensors to stop movement if something (like a person) is in the way of the pallet, warning lights to indicate when the system is in motion, and emergency stop.

The parking pallet systems have very small power requirements. In a 2-row system such as the system being proposed for this community, almost half of the stalls are adjacent to the drive aisle and can be accessed without electrical power. For the stalls behind, pallets can be unlocked and pushed manually to allow entry or exit to those stalls, or, more commonly, the system can be powered by the same emergency power that would be used by elevators or other life and safety backup power systems. A portable emergency generator can also be quickly connected to run the system.

For additional information regarding Klaus Mutiparking, you can visit their website at https://us.multiparking.com/
Parking within the garage would be restricted to residents only. Street parking is available along K street which may accommodate resident guests and deliveries. Vehicular entry into the parking garage will be via a driveway ramp accessed from K Street and will include gated restricted access entry.

Accessible pedestrian paths are planned around the building to provide a walking route for residents. Paths will connect to sidewalks on 7th street and K Street. Pedestrians may access the community via the main entrance on K Street where they will have direct access to the City Council/RSA Agenda 800 Tuesday, July 12, 2022

lobby, management office, mail room, 1st floor units, and to the stairs and elevator which provide access to the upper floors. A podium level pedestrian pathway will also be accessible via K Street which will give residents direct access to the community bike room and pet wash areas as well as the outdoor Courtyard. Residents will also have pedestrian access directly to and from the parking garage via a staircase on K Street.

Transportation Demand Management
A detailed TDM plan will be developed for the site. TDM measures proposed for this community may include, among other things, transit passes for residents, a parking management plan, and a bike room which will provide covered storage for up to 92 bikes.

Community Amenities
Common area amenities include a mix of indoor and outdoor spaces which will provide opportunities to promote social interaction and a sense of community. Indoor community amenities include a lobby, management office, mail room, laundry facilities, a bike room, pet washroom, community room, and fitness room. The community and fitness room both provide the opportunity to extend outdoors onto the adjacent podium flex spaces. The community room includes a large club room to be used for parties, media viewing, games, and classes, and includes a hospitality kitchen and resident computer area. The outdoor podium area which has direct access from the community and fitness rooms includes a flexible open lawn area, seating, and BBQ stations. The outdoor podium also connects to an at grade courtyard which includes flexible lawn area and seating. The project will also include a children’s area within the outdoor courtyard which will include a climbing play feature a top a padded flooring.

Architecture
The five-level building is broken into two distinct perpendicular volumes linked by a stack of open- air pedestrian bridges that span a landscaped entry plaza. This public plaza demarcates a prominent entry portal—the main residential entry—on K Street, which is highly visible yet located away from the busy corner.

This entry is framed and set off by the two facades with complementary materials, one with a light RBS cladding, the other with a mix of a darker RBS cladding and stucco. The transparent entry offers direct visible and physical connection to the central courtyard, and the bridges offer glimpses of building activity. Inside, the main courtyard is ringed with ground-floor community uses and shielded from street noise by the building mass.

The primary corner volume at the intersection of K street and 7th street is emphasized with the movement created by the light RBS cladding material, the material change at the street level, integrated sunshades, and a tall glass element which wraps the corner. The material change at the ground floor of both buildings creates a distinctive visual effect and frames and draws attention to the shared community spaces.

Away from the corner along both the K Street and 7th Street elevations, the straightforward City Council/RSA Agenda 801 Tuesday, July 12, 2022

stucco volumes are lifted above grade to create space for residential stoops that connect ground-floor homes directly to the sidewalks and provide places for personalization. These two volumes are articulated with playful bays that provide optimum solar orientation and reflect the diverse layouts of the homes.

Sustainability Features
The project design incorporates sustainable features consistent with the California Green Building Standards Code (CAL Green) such as the use of efficient lighting and recycled water, and water efficient landscaping consisting of drought tolerant plant species. The Project will also include energy efficient appliances, and low flow plumbing faucets and fixtures. Per Cal Green, EV charging stations will not be installed but 10% of all parking will have future EV capabilities. The project is designed to be solar ready with areas designated on the roof for future photovoltaic (PV) installation.

Refuse Collection
See attached Solid Waste Management Plan, American Trash Management, dated May 10, 2022.

Utilities and Services.

Sewer, water, and storm drain service will be extended into the site from planned services on K Street which will be installed by the master developer. Storm water treatment requirements will be address with a non-LID treatment device located at the northwest corner of the site.

Project Affordability
USA Properties proposes to redevelopment the site with a 123-unit affordable housing community to fulfill a portion of the inclusionary housing component within the SEMU-R area as required under Development Agreement DA-20-001.

The community will have the benefit of full-time resident management with an onsite management/leasing office. The community will be income restricted to households earning 30% to 70% of area median income (“AMI”), with 10% of the units affordable to households earning 30% and 90% of the units to be affordable to households earning between 50% to 70% AMI. These units will contribute toward filling the City’s Regional Housing Needs allocation for the extremely low, very low, and low-income levels.

Entitlement Request
USA Properties is requesting Site Development Review for development of a 123- unit apartment community. Regarding the environmental documentation needed to provide CEQA clearance for the proposed project, based on our review of information provided to us and our understanding of CEQA and the existing project site and area conditions, the proposed project is covered as part of the Station East Residential/Mixed Use Project Final Environmental Impact Report (FEIR).

City Council/RSA Agenda 802 Tuesday, July 12, 2022
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Problem: Design a waste and recycling system for this residential project comprised of 123 units that that minimizes upfront and ongoing costs, staffing requirements and environmental impacts, while providing convenient trash disposal for residents and commercial tenants. Please note the word “trash” when used in this plan covers both waste, recyclable materials and organic materials.

Waste and Recycling Removal: The City of Union City has contracts with Republic Services and TriCED Community Recycling for garbage, recycling and organics (food scraps, food-soiled paper and plant debris) collection service. Single stream recycling cart service is provided by Tri-CED. Bin, compactor or drop box service is provided by Republic Services. Given the size of this project Republic Services will provide recycling services. Single Stream (mixed recycling) Recycling rates are charged per dwelling unit.

Situation: The State of California Mandatory Commercial Recycling Act (AB341) continued by AB1826 and SB1383 goes into effect in 2022. SB 1383 and the Alameda County Organics Reduction and Recycling Ordinance requires all businesses to keep compostable and recyclables out of landfills. Each type of refuse must be placed a separate container designated for collection of that type of refuse by the city’s franchised waste and recycling vendor. Requirements to collect food scraps and compostable materials separately from garbage is required for multi-family properties in Alameda County.

All plant debris must be separated from garbage and recyclable materials. Multi-family property owners or managers can arrange for the removal of plant debris by their landscaper. The landscaper must haul to an approved facility and must deposit plant debris in the facility’s designated “clean green” area.

USA Properties
Station East
Union City, CA
Solid Waste Management Plan
© American Trash Management, Inc. 2022 Page 1 of 19 Tuesday, May 10, 2022 City Council/RSA Agenda 803 Tuesday, July 12, 2022
1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
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Site Plan:
© American Trash Management, Inc. 2022 Page 2 of 19 Tuesday, May 10, 2022 City Council/RSA Agenda 804 Tuesday, July 12, 2022
1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
Project Design Summary:

First, to comply with City ordinances, the project’s residential trash will be collected in 3 different streams: Waste, Mixed Recyclables (paper, cardboard & containers) and Compost (food & organic materials). AB1383 requires all multi-family properties to collect food scrap organic waste. This report includes projections and handling recommendations for all three streams: waste, mixed recycling and compost.

Second, this project currently has one chute core for the building. The unit counts in the building are such that one core will adequately handle the projected waste, recycling, and compost levels. ATM recommends this design and further recommends that each core contain two chutes - one each for waste and recycling.

Third, the residential waste and recycling chutes should be 30” diameter with automatic opening 15”x18” hopper-type intake doors. NFPA 82 minimum required 24” chutes have a higher probability of chute jams due to large objects (super-size pizza boxes, Costco boxes, ironing boards, crutches, etc.) being thrown down the chute. NFPA 82 also requires that chutes vent at full diameter at least 36” above the finished roof.

Fourth, due to the projected waste, recycling, and compost volumes, we recommend the use of compactors for both waste and recycling. Compactors will reduce the number of waste and recycling bins the project will need to store, reduce the building’s bill and reduce the number of trash truck trips to the property.

Fifth, this report includes projections and handling recommendations for compost. We recommend compost be collected in 64G carts under the chute.

Sixth, this project is projected to generate a total of 431 cardboard boxes per week. To reduce the potential for chute jams, we recommend designating a convenient space adjacent to the current trash collection room (or creating a separate space within the trash collection room if space allows) for residents to place their oversized flattened cardboard boxes that will not fit within the chute. These boxes will then be moved by building staff to a spare recycling bin for later compaction.

Seventh, it is recommended to use an electric pallet jack or an electric utility vehicle for building staff to move compacted bins. Loose bins can be manually moved.

Eighth, a safe and convenient staging location needs to be determined. Bins must be moved by staff to this location so they can be emptied by the hauler with minimal impact on the residents and the project’s neighbors. Front load service requires a minimum 21’ clearance height and rear load service requires 14’6” so bins cannot be serviced within the building. We recommend all containers be moved by staff using an electric pallet jack to street for staging.

Ninth, the trash collection rooms will have 1 CFM/SF mechanical ventilation per CBC, floor drain, hose bib and odor control.

Tenth, Union Sanitary District requires grease traps in any sanitary drain in the trash collection room(s). They have been incorporated in the building’s trash room design. © American Trash Management, Inc. 2022 Page 3 of 19 Tuesday, May 10, 2022 City Council/RSA Agenda 805 Tuesday, July 12, 2022
1900 Powell Street, Suite 220
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(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
Projected Waste, Recycling, and Compost Levels: Residential.

The following metrics were used to project residential waste, recycling and compost levels.

Residential Waste: 0.16 Cubic Yard (32 gallon) per week/unit. NOTE: This is the equivalent of almost 3 large kitchen garbage cans per unit week (2.4 - 13 gallon bags).

Residential Recycling: 0.16 Cubic Yard (32 gallon) per week/unit. NOTE: This is the equivalent of almost 3 large kitchen garbage cans per unit week (2.4 - 13 gallon bags).

Residential Compost: 0.02 Cubic Yard (4 gallon) per week/unit. NOTE: This is the equivalent of small compost pail per unit week.

Below is a summary of projected waste, recycling and compost volumes. See detailed analysis on pages

18. Below is a summary of projected waste, recycling and compost volumes. See detailed analysis on pages

18. Proposed Residential Handling System:

To comply with City ordinances, the project residential trash will be collected in 3 different streams:

Waste, Mixed Recyclables (paper, cardboard & containers) and Compost (food & organic materials).

We recommend a three chute design. This chute design will require two separate 30” diameter chutes for waste & recycling, both made of 16-gauge galvaneal or aluminized steel. The third chute will be for compost and be 24” diameter and made of 304 stainless steel.

Increasing the chute size for waste and recycling to 30” above the 24” minimum required by CBC will slightly increase the chute system cost but it will reduce the possibility of chute jams due to large objects (e.g., super size pizza, Amazon and Costco boxes) being thrown down the chute. This will reduce ongoing maintenance cost while increasing tenant convenience.

The waste and recycling chutes should be 16 gauge galvaneal or aluminized steel and be isolated from the building structure using Mason BRA-Read mounts or equivalent. The chute should be coated with a sound dampening compound (Soundcoat GP-1 or equivalent) equal to the thickness of the metal.

Units Waste
Loose
Volume CY/
WK
Recycle
Loose
Volume CY/
WK
Compost
Loose
Volume CY/
WK
Loose
3CY Waste
Bins/Wk
Loose
3CY Recycle
Bins/Wk
Loose
64G Compost
Carts/Wk
123 19.7 19.7 2.5 7 7 8
Units Waste
Compact
Volume CY/
WK
Recycle
Compact
Volume CY/
WK
Compost
Loose
Volume CY/
WK
Comp 2CY
Waste Bins/
Wk
Comp 2CY
Recycle
Bins/Wk
Loose
64G
Compost
Carts/Wk
123 4.9 4.9 2.5 3 3 8
© American Trash Management, Inc. 2022 Page 4 of 19 Tuesday, May 10, 2022 City Council/RSA Agenda 806 Tuesday, July 12, 2022
1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
NOTE: We recommend limiting the chute intake doors to 15”x18” to minimize residents putting large, bulky items down the chutes. Based on input from property managers, tenants have been known to dispose of ironing boards, ficus trees, chairs and crutches down chutes. The recommended 15”x18” intake door will easily handle large kitchen trash bags, while discouraging potentially problematic bulky items.

Residential Compost. Food scrap diversion is currently required in 2022 by SB 1383. We recommend incorporating a 24” 304 stainless steel chute to handle compost collection. All compostable material will deposit into loose 64 gallon carts under the chute. All materials will be collected at the ground level trash room. Please note it is not safe to allow staff access to the chute discharge room and trash equipment without proper safety systems and training.

NOTE: The compostable chute system creates unique sanitation issues, so a 304 stainless steel chute is recommended (to prevent corrosion), as is a special wash down system to minimize the sanitation and odor problems that will arise from loose food waste being disposed down the chute.

ATM does not normally recommend collecting apartment compostable materials using a gravity chutes due to the sanitation issues, the collection issues, the corrosive properties of the material, and odorous nature of putrefying household food waste, which is the primary component of organic waste from apartments. The compostable materials will adhere to the sides of the chutes and require frequent chute wash downs. This will increase the project water usage and sewage loads. The acidic nature of fermenting compost will cause the chute to rust prematurely unless they are made of 304 stainless steel.

It is important that proper sanitation protocols are followed since the compostable material that will adhere on the chutes wall is an excellent medium to grow fruit flies, maggots, molds, fungus, yeast and bacteria which can cause insect infestations, allergic reactions and malodors.

Cardboard. Due to the number of units, this project is projected to generate 431 cardboard boxes per week. Detailed analysis is on page 18. While diverting cardboard will not result in any direct disposal savings at this time, it can help reduce the number of large boxes creating chute jams. We recommend providing a space adjacent to the trash room for residents to place their large, flattened cardboard boxes. If more cardboard is generated we recommend the boxes be moved by building staff daily into a spare recycling bin.

Landscaping. All plant debris must be separated from garbage and recyclable materials. Multi-family property owners or managers can arrange for the removal of plant debris by their landscaper. The landscaper must haul to an approved facility and must deposit plant debris in the facility’s designated “clean green” area.

Source Separation. The Lease Agreement will advise residents that all garbage, waste, and recycling materials must be disposed of in the designated containers and/or designated areas, and in accordance with applicable laws and property managements instructions. Unless it is otherwise indicated, residents will not be allowed to dispose of large items in the community garbage containers and/or areas and all boxes will be required to be broken down before placing them in the appropriate container. Residents will not be allowed to dispose of hazardous waste in the property garbage container, or on the property.

A California Trash and Recycling addendum will be incorporated into all new lease agreements for residents, and on an annual basis, all residents will receive the Annual Notice of California Trash and Recycling policy. In addition, an information flyer or brochure will be provided to each household. This © American Trash Management, Inc. 2022 Page 5 of 19 Tuesday, May 10, 2022 City Council/RSA Agenda 807 Tuesday, July 12, 2022
1900 Powell Street, Suite 220
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(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
brochure will set forth the waste sorting requirements from either the local government authority or the local waste management company. Informational signage will also be placed in each trash room advising residents of California recycling sorting requirements as well as community rules regarding dumpster use.

Property Management will reach out to those households who fail to follow the lease provisions and established policies and procedures in order to provide counsel on appropriate trash management expectations. Continual violations by individual households will result in lease violation notices being issued which could ultimately jeopardize the households ongoing tenancy.

Compactors. We recommend all residential waste and recycling be collected in 2CY chute fed compactors. Compactors will reduce disposal costs and on-site staffing requirements while minimizing property truck traffic thereby lowering the projects overall environmental impact. All compactor bins will incorporate locks on the lids and compactor opening so the containers cannot be accessed by vagrants.

Compactor bins will be moved using an electric pallet jack.

Lower Waste Disposal costs. Front-load compaction is less expensive than front-load loose waste services. (See cost benefit analysis on page 18).

Lower labor costs. A 3-cubic yard loose waste bins serviced Monday-through-Saturday must be moved from the chute to the staging locations 7x per week. Comparable compacted service is one 2-cubic yard bin picked up 3x per week. That represents 65% fewer times to move the bins from the collection room to the street for pickup. More importantly compacted bins reduce the truck trips and thereby reducing the noise impact on the project’s neighbors. Compactors also eliminate the need to rake or rotate loose bins and solve the problem of Sundays (one of the heaviest trash days of the week). (See cost benefit analysis on page 18).

Lower environmental costs. Less truck trips and less bin emptying results in cleaner air and quieter neighborhood.

Odor Control. To mitigate malodors in the trash room(s), a four-pronged approach is recommended including cleaning, proper ventilation, and installing a deodorizer system.

1. Mechanical Exhaust of Trash Collection Room. The mechanical ventilation required rate is 1 CFM/ SF, however, ATM recommends increasing this rate as needed, especially in areas with warmer climate. Exhaust should vent through the roof. ATM does not recommend a chilled/refrigerated trash room. A cooled space will not delay decomposition, and will have minimal impacts on odorous trash.

2. Cleaning the Trash Room. Trash rooms should be swept clean of debris on a weekly basis. Trash room wash-downs should be scheduled quarterly. These should include cleaning any trash equipment such as compactors, as well as floors and the walls. If possible, bins or compactor receiver containers should be cleaned at the same time, assuming the containers are empty. (Bins Service Compaction Ratio Monthly Fee
3-CY loose bins 7 times per week N/A $2,745.76
2-CY compacted bin 3 times per week 4:1 $2,275.46
© American Trash Management, Inc. 2022 Page 6 of 19 Tuesday, May 10, 2022 City Council/RSA Agenda 808 Tuesday, July 12, 2022
1900 Powell Street, Suite 220
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(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
should be cleaned by onsite staff. If hauler-provided dumpsters become especially dirty, the should be replaced by the hauler.)

3. Cleaning the Chute. Almost all chutes are equipped with deodorizing and sanitizing (D&S) units, located on the top floor behind an access door. These should be operated on a WEEKLY basis, for ~5 minutes. Chutes that are designed for a high level of food wastes often also have a “Chute Janitor” built-in wash down system. These should be operated less often, such as 1x per month.

When turned on, they should be allowed to run through their normal Rinse-Wash-Rinse cycle. Even with the presence of the D&S and Chute Janitor systems, all chutes should be pressured washed at least once a year to clean materials that adhere to the sides of the chutes. In areas with warmer climate we recommend quarterly wash downs. The chute wash down service should include cleaning the trash discharge room, specifically the floors, walls and the waste and recycling compactor.

4. Odor Control Systems. Odor control systems can be helpful in controlling odors, but most have limited effectiveness or create other problems. Popular low-cost systems that spray a masking agent into the air, only serve to hide odors in the trash room and not eliminate them. Ozone generators are more effective, but the odor-destroying product they create — ozone — can have deleterious effect on human health and can also destroy compactor hoses and seals. One odor control system that avoids these problems is the Piian Mini Vaporizer. It creates a very fine 50- micron mist that bonds with — and ultimately destroys — odor causing molecules. And unlike ozone, the entirely natural blend of plant extracts, essential oils and emulsifiers which is safe and does not damage equipment.

Recommended Residential System Equipment -
Below is a summary of the recommended system equipment for compacted service.

Chutes Size Compactor
Count
Thru-wall
Intakes
Bin Type # of Bins Bin Size Cubic
Yards
3 30” -
galv.
steel
24” -
304 ss
2 No Front
Load
2 waste
2 recycle
5 compost
2CY waste
2CY recycle
64G compost
© American Trash Management, Inc. 2022 Page 7 of 19 Tuesday, May 10, 2022 City Council/RSA Agenda 809 Tuesday, July 12, 2022
1900 Powell Street, Suite 220
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(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
Residential Trash Collection Room & Upper Floor Vestibule 3-Chute Option Layout:

Loose Bin Option:
© American Trash Management, Inc. 2022 Page 8 of 19 Tuesday, May 10, 2022 City Council/RSA Agenda 810 Tuesday, July 12, 2022
1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
Residential Trash Collection Room & Upper Floor Vestibule 3-Chute Option Layout:

Compacted Bin Option:
© American Trash Management, Inc. 2022 Page 9 of 19 Tuesday, May 10, 2022 City Council/RSA Agenda 811 Tuesday, July 12, 2022
1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
Residential Chute System:

Automatic Opening (Pneumatic) Chute Intake Door Recommended to meet Housing Accessibility Section 1138A.4.4.

Chute Intake Doors and the Americans' with Disabilities Act of 1990 (ADA) This is a summary of the current state as we understand it. This is not intended to be legal advice and should not be relied upon with out seeking advice of an ADA expert and your legal counsel.

Per most building codes and FHA requirements, “common use” building areas and building elements, such as a trash rooms and chutes are required to be accessible. Specifically, the chute door is required to comply with accessibility requirements:
• Clear floor space for a wheel chair at the chute door • Chute door hardware within reach range
• Chute door hardware complying with operability requirements.

The operability requirements mandate that the chute door hardware must not involve any of the following:
• Two handed operation (such as depressing a button while turning a door handle) • Tight grasping or pinching
• Twisting of the wrist
• Force to activate the hardware that exceeds 5.0 pounds.

The majority of manual chute intake chute door installations do not comply with the accessibility requirements. Lower quality chute doors require grasping, twisting of the wrist and more than 5 pounds of force to open the chute door. Regardless of what has been installed for the chute door, the chute door is still required by both Code and FHA requirements to comply with accessibility requirements. In the cases where non-compliant chutes have been installed, the building Owner has made management decision to handle the accessibility requirement using other means.

Residential and other buildings are subject to the progressively revised provisions of Federal and Local ADA laws and regulations. To meet the current ADA Standards as they apply to Gravity Chute Intake Doors, the person using the door must not have to grasp, twist, or pinch the control mechanism in order Manual Chute Intake Door Air Assist Recycling Chute Intake Door © American Trash Management, Inc. 2022 Page 10 of 19 Tuesday, May 10, 2022 City Council/RSA Agenda 812 Tuesday, July 12, 2022
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to operate the intake door. ADA Standards also limits the maximum operating force required to open an interior door (without specificity to size) to 5 pounds of force. The maximum allowable mounting height of the operating mechanisms (i.e. door handle, etc) of an ADA compliant device is 48" (for side reach revised as of July 1, 2012 from 54") or 48" (for front reach when hopper door is open). The maximum allowable projection of an ADA compliant device is 4" off the projection surface of the wall.

The Wilkinson Signature Series and IDC-2000 Recycling Manually operated doors require the person operating the door to push a membrane selector switch (waste, recycling or compost) and grasp the ushaped handle, push down on the thumb latch with a finger and pull open the door. This type of intake doors meets the mounting height, the projection, the twist and the pinch requirements but it does not meet the pulling force or the grasp requirement.

Lower quality manual chute intake doors from other manufacturers all use a T-handle or L-handle operating mechanism. These doors fail on 3 counts. They do not meet the pulling force, the grasp and twist requirements. These door are especially hard to operate for persons with arthritis due to the required simultaneously grasping, twisting and pulling motion.

The Wilkinson Signature Series and IDC 2000 Pneumatic Assist door meet all the above requirements since it is operated by pushing a palm button which opens the door automatically. The door closes after a set time and latches so it meets all the current fire code requirements. The air assist mechanism is designed to preclude the need to grasp, twist, or pinch the control mechanism in order to operate the intake door.  The push button meets the height, projection and force requirements too.   It is conceivable, however that certain disabled persons will still not be able to operate this type of door. ADA law requires one to accommodate all persons with disabilities.

The supra-majority of all new construction within the US still uses manually operated chute intake doors due to the extra upfront (~ $900 per floor) and higher maintenance costs of the Pneumatic Assist Chute Intake type of doors. Many building owners have chosen to only install the pneumatic assist doors in facilities with a high senior or disabled population and in order to meet the above ADA requirements make it their policy to provide a staff person to assist any individual with disabilities who need assistance in operating the manual operated door.

Chute systems have been designed to meet the fire and life safety found within Building Codes. All chute intake doors are required to be behind a rated fire-barrier and any door in these walls is required to be a fire-rated door.

This fire-rated-door is required to be self-closing (or automatic-closing upon the detection of smoke), so it has a closer mechanism and positive latch. Because this door is designated as a “fire-door”, per most codes and accessibility standards (including ANSI A117.1 used for FHA compliance), the door opening force for this door is exempt from typical accessibility requirements (maximum 5 pounds) and allowed to have a minimum opening force allowed by the authority having jurisdiction (typically a maximum of 15 pounds). The opening force for the required fire-rated doors in front of chute intake doors routinely exceeds 5 pounds and is more typically in the 14-18 pound range.

Requiring the chute intake door to meet accessibility requirements while allowing the fire-rated door in front of the chute intake door to not meet the pull force and grasp requirements is illogical. If an individual with accessibility needs cannot open the fire door in front of the chute intake then they will not be able to access the non compliant chute. Owners should always have a policy in place to provide assistance to any person who can not access the chute (with or without automatic opening doors). © American Trash Management, Inc. 2022 Page 11 of 19 Tuesday, May 10, 2022 City Council/RSA Agenda 813 Tuesday, July 12, 2022
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Bin Towing
© American Trash Management, Inc. 2022 Page 12 of 19 Tuesday, May 10, 2022 City Council/RSA Agenda 814 Tuesday, July 12, 2022
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(415) 292-5400
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Future Compost Collection Containers
© American Trash Management, Inc. 2022 Page 13 of 19 Tuesday, May 10, 2022 City Council/RSA Agenda 815 Tuesday, July 12, 2022
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(800) 488-7274 Toll Free USA
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Compost Collection Carts
© American Trash Management, Inc. 2022 Page 14 of 19 Tuesday, May 10, 2022 City Council/RSA Agenda 816 Tuesday, July 12, 2022
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(800) 488-7274 Toll Free USA
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Sample Residential Service Schedule (actual schedule to be determined by hauler and building management) Residential Service COMPACTED Schedule
Residential Service LOOSE Schedule
SYSTEM SPECIFICATIONS: Provided separately.

5. Section 14 91 82 - Waste and Recycling Chutes & Intake Doors

6. Section 25 30 00 - Compactor Monitoring System (compacted option)

7. Section 44 31 00 - Odor Control
Bin Type Monday Tuesday Wednesday Thursday Friday Saturday Sunday 2CY Compacted
Waste Bin
1 1 1
2CY Compacted
Recycle Bin
1 1 1
64G Toter
Compost Carts
4 4
Total 2 0 2 0 2
Bin Type Monday Tuesday Wednesday Thursday Friday Saturday Sunday 3CY Loose
Waste Bin
2 2 2 1
3CY Loose
Recycle Bin
2 2 2 1
64G Toter
Compost Carts
4 4
Total 4 0 4 0 4 2 0
© American Trash Management, Inc. 2022 Page 15 of 19 Tuesday, May 10, 2022 City Council/RSA Agenda 817 Tuesday, July 12, 2022
1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
Bin Staging: Front load service front load bins requires 21’ Clear height (no lights, sprinklers or other items within the service area) so it is unlikely service can take place within the building. We recommend all containers be moved by staff using an Electric Pallet Jack to the staging location.

Noise Levels
*Noise levels from compactor operation were measured by JV Manufacturing, makers of Cram-a- lot compactors.

Location Decibel Levels
Banging on Bins when Emptying 100
Behind Garbage Truck (while compacting) 89
8'-0" 17'-10" 11'-3"
4'-9"
21'-0"
37'-2"
32'-3"
11'-6" 8'-0"

AMERICAN TRASH MANAGEMENT
1900 POWELL STREET, SUITE 890
EMERYVILLE, CALIFORNIA 94608
P: 415.292.5400
F: 415.292.5410
[email protected]

DRAWING TITLE
PROJECT NO.

PROJECT

MC DRAWN

APPROVED
DATE
SCALE
DRAWING NO.

SB
07/12/18
NTS

CONSULTANT
FEL.01

ARCHITECT

OWNER / DEVELOPER
NO. DATE ISSUE / REVISION ISSUED BY

PROTOTYPE

FRONT LOAD

COLLECTION VEHICLE
© American Trash Management, Inc. 2022 Page 16 of 19 Tuesday, May 10, 2022 City Council/RSA Agenda 818 Tuesday, July 12, 2022
1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
Staging Area:
© American Trash Management, Inc. 2022 Page 17 of 19 Tuesday, May 10, 2022 City Council/RSA Agenda 819 Tuesday, July 12, 2022
1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
Waste, Recycling and Compost Analysis (Rates reflect the rate increase effective July 1, 2021) Below is a comparative analysis of the disposal and labor costs of handling waste and recycling in loose versus compacted bins. Please note that the projections below are estimates derived from actual audits of comparable multifamily complexes in the San Francisco Bay area. They are not guaranteed. They are to be used for planning purposes only and may be higher or lower than projected.

TOTAL RESIDENTIAL WASTE AND RECYCLING ANALYSIS
ASSUMPTIONS: UNITS: 123 GALLONS
Volume Waste: 0.16 cubic yard/week/unit 32
Volume Recycling: 0.16 cubic yard/week/unit 32
Volume Compost: 0.02 cubic yard/week/unit 4
Compaction Ratio 4 to 1
Staff Labor Rate $21.00 per hour - 1 person
Time move bins 0.25 hr to move to unloading area & back Rake-Rotate bins 0.15 hr to go to each bin rake or rotate # of Trash Rooms 2
Compacted Service 2 cubic yard front load bins
Loose Waste Service 3 cubic yard front load bins
Loose Recycling Service 3 cubic yard front load bins
Loose Compost Service 0.32 cubic yard carts (64 G Toter Carts) COST BENEFIT CALCULATIONS:PROJECTEDPROJECTED PROJECTED
SERVICE-Waste Loose Compacted Compacted
SERVICE-Recycling Loose Loose Compacted
Loose Waste Volume - CY 19.7
Compacted Waste Volume - CY 4.9 4.9
Loose Recycling Volume - CY 19.7 19.7
Compacted Recycling Volume - CY 4.9
Loose Compost Volume - CY 2.5 2.5 2.5
Waste Bins/week 7 3 3
Recycling Bins/week 7 7 3
Compost carts/week 8 8 8
Containers/week/trash room 22 18 14
SYSTEM CAPITAL COST $0.00 $20,960.00 $41,920.00
WASTE COST/MONTH $2,745.76 $2,275.46 $2,275.46
RECYCLING COST/MONTH $1,647.45 $1,647.45 $568.96
COMPOST COST/MONTH $240.96 $240.96 $240.96
TRAVEL PREMIUM 0% $0.00 $0.00 $0.00
COST/MONTH $4,634.17 $4,163.87 $3,085.38
COMPACTION SAVINGS/MONTH $0.00 $470.30 $1,548.79
STAFF LABOR COST/MONTH $800.18 $654.70 $509.21
STAFF SAVINGS/MONTH $0.00 $145.49 $290.98
NET MONTHLY COSTS $5,434.35 $4,818.56 $3,594.59
Monthly Cost per Unit $44.18 $39.18 $29.22
PAYBACK-MONTHS n/a 34 23

RESIDENTIAL CARDBOARD ANALYSIS
ASSUMPTIONS: UNITS: 123
BOXES/WK 431
© American Trash Management, Inc. 2022 Page 18 of 19 Tuesday, May 10, 2022 City Council/RSA Agenda 820 Tuesday, July 12, 2022
1900 Powell Street, Suite 220
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(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
WASTE AND RECYCLING RATES (PARTIAL) - reflect increase effective July 1, 2021 City: City of Union City
Franchise: Republic Services/Tri-CED
Recycling Per Dwelling: $7.11
Muti-Family/Commerical Loose Waste Rates:

Frequency-x/wk & Volume CY 2 3 4
1 $311.07 $434.94 $563.75
2 $564.30 $810.16 $1,057.81
3 $817.65 $1,185.35 $1,551.80
4 $1,070.91 $1,560.48 $2,045.94
5 $1,324.15 $1,935.51 $2,539.97
6 $1,579.79 $2,310.82 $3,034.01
Commercial Loose Recyclables Rates:

Frequency-x/wk & Volume CY 2 3 4
1 $186.66 $260.95 $338.25
2 $338.59 $486.09 $634.68
3 $490.60 $711.20 $931.09
4 $642.55 $936.28 $1,227.57
5 $794.49 $1,161.30 $1,523.98
6 $947.87 $1,386.50 $1,820.40
Multi-Family/Commercial Loose Organics Rates:

Frequency-x/wk & Volume CY 64 Gallon 1 2
1 $48.20 $99.58 $186.66
2 $96.38 $199.18 $338.59
3 $144.58 $275.04 $490.60
4 $192.78 $350.93 $642.55
5 $240.96 $488.74 $794.49
6 $289.17 $504.06 $947.87
Multi-Family/Commercial Compacted Waste Rates:

Compacted rate per yard $58.39 Per-Occurrance
Per-Cubic Yard Rate
Multi-Family/Commercial Compacted Recycle Rates:

Compacted rate per yard $14.60 Per-Occurrance
Per-Cubic Yard Rate
Chute Fed Compactor Cost $20,960.00 A500, 2-2CY Towable bins-Thru-wall Intakes, tax, ship Install Chute Fed Compactor Cost $23,440.00 A500, 3-2CY Towable bins-Thru-wall Intakes, tax, ship Install © American Trash Management, Inc. 2022 Page 19 of 19 Tuesday, May 10, 2022 City Council/RSA Agenda 821 Tuesday, July 12, 2022
Desk Item
DATE: JUNE 16, 2022
TO: PLANNING COMMISSION
FROM: LESLIE CARMICHAEL, CONTRACT PLANNER

CARMELA CAMPBELL, ECONOMIC AND COMMUNITY DEVELOPMENT

DIRECTOR
SUBJECT: SITE DEVELOPMENT REVIEW FOR STATION EAST PLANNING AREA 3 (SD-21-002)
Staff received a letter of support from YIMBY Law and comments and questions from Commissioner Lew regarding the Staff Report for the Site Development Review for Station East Planning Area 3 (SD-21-002), currently under consideration by the Planning Commission as Agenda Item 5.B.1 of the June 16 Public Meeting. The letter from YIMBY Law is attached.

The following are the comments and questions from Commissioner Lew and staff’s responses (in red italics), which are anticipated to be incorporated into the Staff Report.

1. Page 9, Table 5 shows the number of one- and two-bedroom units and corresponding affordability levels. What is the maximum occupancy rate for the one- and two-bedroom units? Besides affordability level, what other factors will be considered for a family to successfully occupy a unit?
Industry standards for occupancy in general uses a ratio of 2 people per bedroom plus 1 for the unit. For example, a 1 bedroom would allow up to 3 people and a 2 bedroom up to 5 people. All applicants will be required to pass credit and criminal screening, and income verifications to ensure their income is within the allowable limits per the affordability restrictions and HUD AMI tables for Alameda County, which are adjusted every year.

2. Page 20, Finding #3, 2nd para., 2nd sentence does not support Finding #3. Instead, it supports Finding #1 with its references to the General and Specific Plans. I believe portions of Title 18, Section 18.76.010, can be cited to support Finding #3 as it regards this application and based on the contents of the staff report.

The paragraph is amended as follows: “The project, as conditioned, is consistent with the purpose of Site Development Review, which seeks to promote orderly, attractive and harmonious development and the stability of land values. Specifically, the project will provide an attractive development of the PA 3 site, including buildings, site improvements, and landscaping that will complement and be harmonious with the Station East Mixed Use Residential development, as documented in the staff report is consistent with the policies in General Plan 2040 for the Station East Subarea to provide ATTACHMENT 3
City Council/RSA Agenda 822 Tuesday, July 12, 2022
Desk Item
June 2, 2020

higher density housing in this area, to address needs for affordable housing, and is consistent with the design standards provided in the Station East Residential / Mixed Use Project Specific Plan Amendment and Chapter 18.37, SEMU-R.”

3. Page 24, Condition of Approval (COA) #19 – will satellite dishes be allowed? This condition will ensure that pre-wiring and conduits are installed to facilitate cable or Community Access Television (CATV) service and high-speed fiber. This condition doesn’t relate to satellite dishes. Regarding satellite dishes, FCC order 98-273 prohibits landlords from restricting a renter’s access to antennas or dishes so long as they meet certain installation criteria. For example, the dish must be less than 40” in diameter, and installed in the resident’s rentable space, such as a patio or balcony. Installation must be on a tripod type device and not mounted directly onto the building.

4. Page 29, COA #43 duplicates COA #34g on page 28. Is it necessary to restate this condition?
Condition #34 requires the removal of graffiti within forty-eight hours to be part of the Maintenance Standards. Condition #43 includes an additional provision that allows the City to remove the graffiti and charge the property owner a fee for the services performed.

5. Page 31, COA #58, 1st line – please delete “shall” after “red curbs” as it is unnecessarily redundant.

Condition #58 is amended as follows: “Areas designated as a fire lane shall be identified by painted red curbs shall and related signage posted immediately adjacent, which states “Fire Lane – No Parking”. Submitted improvement plans shall detail location of red curbs.”

6. Page 31, COA #59, 1st line – please spell out “FDC” for clarity; it has not been previously spelled out in this staff report.

Condition #59 is amended as follows: “Plans submitted for building permit issuance shall identify all Fire Department Connection (FDC) locations on the exterior, in stairwells, and/or on the roof to the satisfaction of the Fire Marshal.”

7. Page 31, COA #60 specifies where the fire alarm control unit should not be located, but where should it be located? Please clarify. Also, should “with ink” be “within”? The architect will propose a location for the Fire Alarm Control Unit, which will be required to meet building and fire codes. Condition #60 is amended as follows: “The Fire Alarm Control Unit (FACU) shall not be co-located with ink within the building main electrical room.”

8. Page 31, COA #63, 4th line – I recommend changing “will” to “shall” to be consistent with the first sentence of this condition.

City Council/RSA Agenda 823 Tuesday, July 12, 2022
Desk Item
June 2, 2020

Condition #63 is amended as follows: “Prior to building occupancy, the developer shall be financially responsible to evaluate the building capability for allowing Fire and Police public safety 2-way radio transmissions to occur in all portions of the building. If radio transmission deficiencies are identified, the developer will shall be responsible for implementing an enhanced public safety radio amplifier/repeater system inside and/or outside the building at no cost to the City, to the satisfaction of the Police Department.”

9. Page 32, COA #68 – is painted addressing on the curbs practical for “each residence” of the two five-story buildings? Please clarify.

Upon further review, this condition should apply to the main building entrance only.

Condition #68 is amended as follows: “The applicant and/or property owner shall provide illuminated addressing at the main building entry on the forward most portion of each residence with 4” high illuminated numerals and, for the main building entry, painted addressing on curbs. Numeral color shall be contrasting to background color. Plans submitted for building permit issuance shall document compliance with this condition.”

10.Page 39, COA #104k duplicates COA #101. Is it necessary to restate this condition? Condition #101 is deleted and the remaining conditions renumbered.

11.Page 40, COA #106 was omitted.

Conditions will be renumbered.

12.Page 40 through 55, COAs #107 through 126 – I recommend following the generally accepted practice of spelling out acronyms when they first appear and then using the acronym in the rest of the document.

These conditions are the verbatim Mitigation Measures taken from the adopted Mitigation and Monitoring program as referenced in the statement before Condition #107: “Mitigation Measures (CEQA) as required by Resolution No. 5772-21 adopted June 8, 2021 certifying the Environmental Impact Report (EIR) for the Station East Residential / Mixed Use Project and adopted a Mitigation and Monitoring Program.” although the reader could reference the EIR, staff will add the explanation at first use of each acronym in the conditions for the City Council.

13.Page 43, COA #114 provides experience requirements for a “qualified biologist.” Who is responsible for verifying the biologist’s experience to ensure the person meets the minimum requirements? Please clarify.

The City is responsible for verifying that the Mitigation Monitoring and Reporting Program is being implemented, and therefore is responsible for verifying the experience requirements of the qualified biologist. The experience requirement is included at the end of Condition #114.

14.Page 50, COA #122, last sentence of the first paragraph refers to the “DIPSA Specific Plan.” When this plan is replaced upon the approval of the Station District Specific Plan, City Council/RSA Agenda 824 Tuesday, July 12, 2022
Desk Item
June 2, 2020

will it have any effect on this project? Please clarify which specific plan will be used to regulate this project.

The referenced sentence in Condition #122 reads: “The SMP shall be submitted for City and outside agency review in conformance with DIPSA Specific Plan, Toxic and Hazardous Substances Policy 5, and implemented throughout all ground-disturbing work.”
The referenced policy in the DIPSA Specific Plan (page IV-26) reads as follows: “5. Prior to any new development, or expansion of existing development, within the DIPSA a complete review of any potential hazardous materials project site contamination should be completed under the direction of the Union City Fire Department. The investigation should include sampling, groundwater monitoring, vapor studies or any other studies requested by CalEPA, the Alameda County Water District, Alameda County Health Department and/or the Union City Fire Department. The studies should be accepted by the requesting agency and all recommendations incorporated into the proposed project.” The project is subject to the City’s plans and requirements in place at the time a complete application is submitted. The SMP will be reviewed in accordance with the DIPSA Specific Plan and other currently applicable State laws. An amendment to the DIPSA Specific Plan (SP-20-001) was approved by Resolution No. 5776-21 on June 8, 2021 that included goals, policies, and design standards for the Station East sub-area.

Therefore, the project will not be required to comply with Station District Specific Plan, since it has not yet been adopted.

15.Page 56, COA #129 contains references to “Comment 6” on line 7 and “Comment 3” on line 15. Both comments are not shown either “below” or “above” this condition. Do comments 6 and 3 actually refer to COAs #131 and #128 respectively? Please clarify and, if so, make the necessary corrections.

Condition #129 is amended to reference the conditions (which will be adjusted when conditions are renumbered) as follows: “Master meters sized greater than 2-inches serving this property shall be contained within below-ground vaults, whose sizes shall be determined by the meter size and associated appurtenances. Generally, such vaults may measure 5- feet wide by 7-feet long or could be as large as 6-feet wide by 10-feet long. Vaults, or any part thereof, on private property must be located within public rightof-way or easements dedicated to the District and these easements must extend a minimum of 5-feet around the perimeter of the vault (reference Condition 131Comment 6, below). The vaults must be flush with the existing grade and be set at no less than 6- inches below the top of the adjacent curb. The vault and service laterals should be located to provide a minimum horizontal clearance of five feet from other utilities and from trees. Reference District Standard Drawings CL-4-08 and CL-5-08. Similarly, the proposed water services must meet District installation and clearance requirements, such as minimum horizontal clearances between service laterals. Space must also be provided for the required private backflow prevention devices (reference Condition 128 Comment 3, above).

City Council/RSA Agenda 825 Tuesday, July 12, 2022
Desk Item
June 2, 2020

16.Page 57, COA #130 – the fifth and sixth sentence in this paragraph duplicate the second and third sentences. Please delete the duplicate sentences.

Condition #130 is amended as follows: “Installation of private sub-metering of all master metered units is required under Water Code Division 1, Chapter 8, Article 5. It is the District's understanding that onsite sub-meters are under the jurisdiction of the California Department of Food and Agriculture, Division of Measurement Standards (CDFA DMS).

The District recommends that the project proponents contact CDFA DMS regarding any requirements they may have. The District requires private sub-metering of all master metered units. It is the District's understanding that onsite sub-meters are under the jurisdiction of the California Department of Food and Agriculture, Division of Measurement Standards (CDFA DMS). The District recommends that the project proponents contact CDFA DMS regarding any requirements they 2 may have. Prior to the release of jobs for master meter installation and in accordance with the Water Code, Project Proponent shall submit written verification by the City of Union City or Project Proponent that private submeters have been installed to each individual unit served off the master meter.”

17.Page 57, COA #135, 3rd line – the reference to “City of Fremont” should be “City of Union City”; this project is located in Union City, not Fremont. Please delete “Fremont” and insert “Union City.”
The first sentence of Condition #135 is amended as follows: “Groundwater Well Protection/Destruction: In order to protect the groundwater basin, ACWD regulates the construction, repair, and destruction of wells, exploratory holes, and other excavations located within the City of Fremont Union City under ACWD Ordinance No. 2010-01.” Attachment:

Letter from YIMBY Law, dated 6/16/22
City Council/RSA Agenda 826 Tuesday, July 12, 2022
YIMBY Law
57 Post St, Suite 908
San Francisco, CA 94104
[email protected]
6/16/2022
Union City Planning Commission
34009 Alvarado-Niles Rd
Union City, CA 94587
[email protected]
Via Email
Re: 33945 7th Street
87-0021-013-1 and 087-0021-013-2
Dear Union City Planning Commission,
YIMBY Law is a 501(c)3 non-profit corporation, whose mission is to increase the accessibility and affordability of housing in California. YIMBY Law sues municipalities when they fail to comply with state housing laws, including the Housing Accountability Act (HAA). As you know, the Planning Commission has an obligation to abide by all relevant state housing laws when evaluating the above captioned proposal, including the HAA. Should the City fail to follow the law, YIMBY Law will not hesitate to file suit to ensure that the law is enforced.

The project proposes to convert a vacant Air-Liquide site into two 5-story buildings containing 123-affordable apartment units.

California Government Code § 65589.5, the Housing Accountability Act, prohibits localities from denying housing development projects that are compliant with the locality’s zoning ordinance or general plan at the time the application was deemed complete, unless the locality can make findings that the proposed housing development would be a threat to public health and safety.

The above captioned proposal is zoning compliant and general plan compliant, therefore, your local agency must approve the application, or else make findings to the effect that the proposed project would have an adverse impact on public health and safety, as described above. Should the City fail to comply with the law, YIMBY Law will not hesitate to take legal action to ensure that the law is enforced.

I am signing this letter both in my capacity as the Executive Director of YIMBY Law, and as a resident of California who is affected by the shortage of housing in our state.

Sincerely,
1 City Council/RSA Agenda 827 Tuesday, July 12, 2022
Sonja Trauss
Executive Director
YIMBY Law
YIMBY Law, 57 Post Street, Suite 908, San Francisco, CA 94104 2 City Council/RSA Agenda 828 Tuesday, July 12, 2022
_____________________________________________________________________________________ DRAFT PLANNING COMMISSION MINUTES JUNE 16, 2022
ATTACHMENT 4
City Council/RSA Agenda 829 Tuesday, July 12, 2022

CITY OF UNION CITY

DRAFT MINUTES FOR THE REGULAR PLANNING COMMISSION MEETING ON THURSDAY, JUNE 16, 2022, 7:00 P.M.

IN THE COUNCIL CHAMBERS OF CITY HALL
34009 ALVARADO-NILES ROAD
UNION CITY, CA 94587

AND VIA TELECONFERENCE

1. ROLL CALL: Chair Harpal Mann; Commissioner JoAnn Lew; Commissioner Seyi Mclelland; Commissioner Scott Sakakihara
STAFF: Derek Farmer (Planning Manager); Alex Mog (Deputy City Attorney); Leslie Carmichael (Contract Planner); Denisse Anzoategui (Administrative Assistant)

2. APPROVAL OF MINUTES:
a. The revised regular Planning Commission minutes of May 19, 2022 were approved as submitted.
b. The regular Planning Commission minutes of June 2, 2022, will be provided in a following packet.

3. ORAL COMMUNICATIONS: None.

4. WRITTEN COMMUNICATIONS: None.

5. PUBLIC HEARINGS:

A. CONTINUED HEARINGS: None.

B. NEW HEARINGS:

1. USA PROPERTIES FUND, 33945 7TH STREET FOR PLANNING AREA (PA) 3 (APN: 087-0021-013-1 AND 087-0021-013- 2 (PORTION)) SITE DEVELOPMENT REVIEW (SD-21-002); The applicant, USA Properties Fund, on behalf of The Station East Owner LLC/ Williams Brothers, a Partnership is seeking Site Development Review (SD-21-002) for development of two 5-story buildings containing 123-affordable apartment units on 1.24 gross acres (0.96 net acres) within the Station East Mixed Use Residential Development located at 33945 7th Street, Planning Area (PA) (APN:087-0021-013-1 and 087-0021-013- 2 (portion)). 3 within the Station East Mixed Use Residential Zoning District (SEMU-R). The project is within the scope of the Environmental Impact Report entitled “Station East Residential/Mixed- Use Project” (SCH# 2020039032), dated April 2021, prepared pursuant to the California Environmental Quality Act (CEQA) and certified by the City Council on June 8, 2021.

Leslie Carmichael, Contract Planner, presented the staff report.

City Council/RSA Agenda 830 Tuesday, July 12, 2022
Commissioner Lew thanked staff for preparing a Desk Item. Commissioner Lew noted that she was looking at the renderings and specifically asked if the RBS material was made of concrete or sort of like a manmade product that is supposed to last forever.

Ms. Carmichael replied that it is composite, and it is the same material used at Union Flats. Ms.

Carmichael suggested that if you look at some of the images for the entry courtyard that they are of Union Flats. Ms. Carmichael suggested that the applicant’s architect could jump in if she had mischaracterized the RBS material.

Derek Farmer, Planning Manager suggested the architect could speak and address the Commissioner’s questions during the public comment.

Commissioner Lew stated that her next question had to do with the sunshades. Commissioner Lew noted that only one of the renderings showed the sunshades and asked why it was in only one location.

Ms. Carmichael replied that they are on the side of the building that will need shade from the sun. Ms. Carmichael noted that they added some on the side of the entry closer to the driveway per staff’s suggestion.

Commissioner Lew replied that it will be a miss if they only plan to put sunshades in certain locations. Commissioner Lew suggested that she would like to see it more uniform or at least balanced in some way, rather than a patchwork of sunshades.

Ms. Carmichael replied that they are intended to both serve a function of shading the window as well as some architectural interest. Ms. Carmichael added that they are used on that elevation because the elevation will get more of the sun and that the other part of the elevation on K Street has the undulations.

Commissioner Lew asked if the trees that were planned for the landscaping were messy trees, meaning ones that drop fruit and seeds all the time.

Ms. Carmichael replied that there was a different tree proposed for the street trees and were changed at the request of the Parks Department. Ms. Carmichael added that they decided on the willow tree.

Commissioner Lew replied that she was so glad.

Commissioner Sakakihara asked for clarification of the following sentence, “The applicant for the subdivision at Integral Communities has indicated they intend to process the Site Development applications for the various planning areas, so that building permits can be secured for the planning areas when the subdivision improvements are constructed, and the building sites are ready for development”.

Ms. Carmichael replied that while their subdivision improvement plans are being reviewed, they are also trying to move the Site Development Reviews forward because they need to get those approved before they can proceed with the construction drawings and submit those for plan check. Ms. Carmichael added that the goal is to move those things along parallel tracks so that the subdivision improvements can get approved, and those improvements installed, specifically the streets, utilities, sidewalks, and so on. Ms. Carmichael added that by the time the building pads are ready, they can be ready with the individual building construction permits.

City Council/RSA Agenda 831 Tuesday, July 12, 2022
Commissioner Sakakihara asked if USA Properties Fund is a for-profit entity.

Ms. Carmichael replied that she believed it is a non-profit but Leatha, the applicant, could answer that question.

Commissioner Sakakihara asked if staff had a sense of what types of requirements, they would be seeing for the number of parking spaces, had the project been a market rate complex of 123 units with a mix of one and two bedrooms given the availability of parking in the surrounding area.

Ms. Carmichael replied that if it were not near a major transit stops, and was not one hundred percent affordable, and they weren’t using the density bonus, then they would have to comply to the typical city parking requirements.

Commissioner Sakakihara stated that he understood that the City does not have authority to weigh in on parking, but he was wondering if they did, and was the same project next to the BART station given the surrounding streets and whatever street parking was available and 70 spaces were proposed, how would it be evaluated by staff if staff could weigh in on parking.

Mr. Farmer replied that he just wanted to make sure that he was clear about the question and stated that if they did not have the density bonus and the proximity to transit and all of that, how many parking spaces would be allowed. Mr. Farmer asked if that was what Commissioner Sakakihara was asking.

Commissioner Sakakihara apologized and stated that the phrasing could be confusing, but he was asking about the same exact project, near BART, with the same number of units, except there is not the law preventing staff from requiring parking spots, then how many would staff then require.

Mr. Farmer replied that it would be approximately 250 in terms of bedrooms, and that would be a ballpark number.

Ms. Carmichael added that she had the requirements of the Station District Mixed Use Residential Zoning Regulations. Ms. Carmichael stated that there are minimum and maximum parking requirements for each unit size. Ms. Carmichael listed that parking requirements are as follows: studios are one to 1.5, one bedroom is one to two, and two bedrooms are 1.5 to two.

Ms. Carmichael noted that there are not any three bedrooms in this, but three would be two to

2.5. Commissioner Sakakihara noted that the tax credit regulations are a minimum of 55 years, and asked Ms. Carmichael if she could explain what the legal basis for 55 is and not some other number.

Ms. Carmichael replied that the tax credit regulations are a minimum 55 and for the units to count towards our RHNA, Regional Housing Needs Allocation, the minimum is also 55.

Alex Mog, Deputy City Attorney added that 55 years is also the requirement in the City’s Inclusionary Housing Ordinance, which is from where the units originate.

Commissioner Sakakihara asked if the City has any authority for the number to be higher.

Mr. Mog replied that 55 years is the standard for rental units.

City Council/RSA Agenda 832 Tuesday, July 12, 2022
Commissioner Mclelland commended the outdoor space that will be developed and added that it will be a great way to help create a sort of sense of community in a public space.

Commissioner Mclelland stated that she had a couple of questions about the actual design of the building and wanted to understand why the choice was made to go with that design, and how the design will blend with the environment.

Ms. Carmichael replied that the design is intended to fit within the Station East Mixed Use development. Ms. Carmichael added that as part of the Station East Specific Plan, where there are some general design parameters including modern vocabulary to be consistent with what is in the Station District. Ms. Carmichael added that staff has evaluated the proposed design against those standards.

Commissioner Mclelland asked if there were other designs considered. Commissioner Mclelland stated that she liked modern design, and the two blocks made sense, she wanted to understand the background.

Ms. Carmichael replied no and stated that when the proposal came in, staff compared it to the guiding documents that the City has adopted, and that is what the Commission sees before them that evening.

Commissioner Mclelland asked where the connector bridges come out of.

Ms. Carmichael replied that there are interior halls on each floor. Ms. Carmichael referenced floor plan Sheets A 110 to 120 where they show the interior corridors down the center of each floor.

Commissioner Mclelland asked if it was just corridor to corridor.

Ms. Carmichael responded yes.

Chairperson Mann asked if they would have any charging stations for electric vehicle charging in the garage.

Ms. Carmichael replied that they are required to have the wiring installed so that it is ready for vehicle charging but that they are not required to provide charging stations. Ms. Carmichael added that in the basement floor plan they have identified that the EV-ready stalls will be.

Chairperson Mann asked if they staff knew how many would be installed.

Ms. Carmichael replied that there are seven.

Chairperson Mann asked seven for 70 spaces roughly.

Ms. Carmichael replied that 10% is the requirement.

Chairperson Mann asked if there was any requirement given the fact that the state is moving towards cleaner energy in the next 10 years.

Ms. Carmichael replied that they are required to comply with the California Building Code and that is also referenced in the Development Agreement. Ms. Carmichael added that it's what they have proposed and the City does not have an ability to require more than that.

Chairperson Mann asked what about broadband connectivity.

City Council/RSA Agenda 833 Tuesday, July 12, 2022
Ms. Carmichael replied that they have included a condition that they pre-wire for CATV, and that it is a condition in the Tentative Map that they provide conduits within the trenches for access to CATV. Ms. Carmichael also added that they will all be prewired and have the ability to make those connections.

Chairperson Mann asked what the security plan is, and if there will be security cameras.

Ms. Carmichael replied that she would defer to the applicant. Ms. Carmichael noted that there is a condition where they must provide a security plan for the garage, and that the police will review along with the building permit.

Chairperson Mann asked if they have provided an ingress or egress map of getting in and out of the parking lot.

Ms. Carmichael replied there is just one driveway entrance and exit to the parking garage.

Chairperson Mann asked what it meant in case of an earthquake.

Ms. Carmichael asked if he was referring to the garage or unit.

Chairperson Mann stated that there are two units, K Street and 7th Street, and that he was talking about the garage.

Ms. Carmichael replied that for vehicles they have the one way in and out, but they also have a stair entrance as well. Ms. Carmichael referred to Sheet A100, which shows the floor plan for the garage level, so there are stair exits as well as the driveway.

Chairperson Mann noted the stoops for ground floor tenant and asked if they would have access to the stairs.

Ms. Carmichael replied yes.

Chairperson Mann asked if they have accounted for the disabled or elderly.

Ms. Carmichael replied that the entry plaza is ADA accessible entry into the development as a whole. Ms. Carmichael added that those units also have access from the interior corridor.

Chairperson Mann asked if the 123 units would meet the affordable housing quota.

Ms. Carmichael replied that most of the 15% requirement is here in the building with the 123 units but there will be more affordable units provided in the Planning Area across K Street called PA1. Ms. Carmichael added that they will be mixed use buildings that will be commercial and then rental units and they are a mix of affordable and market rate.

Chairperson Mann noted that he did not read anything regarding an art plan or in-lieu fee.

Ms. Carmichael replied that there is a condition where they comply with the Station East Public Art Plan. Ms. Carmichael could not recall which condition it is, but it would be something that was on the Tentative Map as part of the subdivision improvements. Ms. Carmichael added that there will a public art plan for the whole development and then each of the pieces of the development will need to comply with that. Ms. Carmichael added that staff has not seen that public art plan for the whole development yet.

Chairperson Mann opened the Public Comment.

City Council/RSA Agenda 834 Tuesday, July 12, 2022
Leatha Clark, 101 Henley Court, Roseville, CA, introduced herself as the Development Manager at USA Properties for the Station East PA 3 community. Ms. Clark thanked everyone for the opportunity to come before the Commission that evening. Ms. Clark also thanked Staff including Ms. Carmichael and Carmela Campbell, Economic & Community Development Director who had been great throughout the whole process. Ms. Clark stated that USA Properties has been in business for over 40 years, that they are a privately owned and for-profit real estate development organization. Ms. Clark added that they specialize in the creation of affordable and market rate housing, including senior and family apartment communities. Ms. Clark added that they are a fully integrated company which include acquisitions, development, financing, construction, ownership, and management of all their properties. Ms. Clark noted that they currently own and manage over 14,000 apartments in 90 plus communities throughout California and Nevada and have 12 communities under construction currently. Ms. Clark added that they currently own and manage one property in Union City which is the Vintage Court Seniors project down the street on Decoto Road. They also own properties in Newark, San Jose and Morgan Hill. Ms. Clark explained that they are excited for the opportunity to provide more affordable housing in Union City. Ms. Clark noted the questions the Commissioners had and requested the slide with the screens be brought up to show that they have been placed in an organized manner. Ms. Clark explained the location of the shades and showed that they are not just kind of sporadic on the building. Ms. Clark also replied to Commissioner Lew’s question that they are for profit. Ms. Clark deferred the question regarding the RBS material to their architect Mr. Farashbandi.

Pedram Farashbandi, David Baker Architects, 461 2nd Street, #127, San Francisco, CA 94107 explained that the RBS is Random batten siding, known as Hardie Trim, which is made of fiber cement panels, and essentially cement that can be repainted. Mr. Farashbandi added that it will not go anywhere is made of a very durable material. Mr. Farashbandi added that as Ms.

Carmichael mentioned, they used it at Union Flats which still looks great. Mr. Farashbandi noted that they were the architects for that project as well.

Commissioner Sakakihara thanked the applicant for being there that evening and noted that they did not have the ability to weigh in on the parking piece as has been discussed.

Commissioner Sakakihara noted that he is in favor of building housing near mass transit and that they can reduce the number of cars that they need and then they have the idea that they are bumping up to reality of less than one parking spot per unit. Commissioner Sakakihara asked if USA Properties has many properties throughout California and Nevada that have an experience with the similar situation in which there is fewer parking spots than units, but they are near BART or any other mass transit location and if it has worked out.

Ms. Clark replied that usually for their parking for affordable non-age restricted properties, is usually about one to one, but like Commissioner Sakakihara mentioned, there is a big push throughout California to get people out of their cars. Ms. Clark noted that for this Specific Plan they had designated as the parking ratio for affordable housing is a half a space per bedroom, which would’ve been 70 spaces. They are proposing 68, which is two spaces below that. Ms.

Clark added that they are not doing no parking, which they could choose under the density bonus. Ms. Clark stated that she would be honest and say that the low number of parking was new for them. Ms. Clark added that they currently have a project in Santa Clara in which the parking there will be at a 0.8 and will also include parking stackers, and a project in La Mesa where the parking would be very low as well. Ms. Clark explained that they are working with their property management team to be very upfront with residents about the parking situation City Council/RSA Agenda 835 Tuesday, July 12, 2022
and it will be their decision if they want to live in the community. Ms. Clark added that they have looked at their pro-forma and understood it may take longer to get leased for the project based on the parking situation.

Commissioner Sakakihara thanked Ms. Clark for the transparency and stated that he was in favor of the project. Commissioner Sakakihara added that he is also in favor of reduced parking as an idea, and that as a concept they will eventually want to implement. Commissioner Sakakihara noted that they are at the point where they need to implement it and some residents might not be able to park.

Ms. Clark replied that there may be some heartache at first.

Commissioner Lew thanked the team for being in attendance that evening and stated that she was pleased with most of the information provided in the packet and stated that the architecture looked great. Commissioner Lew stated that she was disappointed in the number of onebedroom units. Commissioner Lew asked if they have other buildings where they have rented out one-bedroom units to those who have a limited income.

Ms. Clark deferred the question to Ms. Critchfield, who is the Vice President of Property Operations.

Victoria Critchfield, 5181 King Road, Loomis, CA 95650, replied that they have buildings both family and senior communities that have high ratios of one-bedroom apartments. Ms. Critchfield added that they see it more so in the senior communities versus family housing but there is a high demand for one-bedroom apartments within the affordable housing environment. Ms.

Critchfield added that they see a lot of people who perhaps are on disability and do not have a large stream of income, and they are limited to the size of housing that they can afford and they tend to stay in the small units such as one bedroom. Ms. Critchfield added that they have seen the most success in keeping residents in those unit types.

Commissioner Lew asked if it was true for Union City.

Ms. Critchfield replied that it was not necessarily in Union City, but that she recalled the unit type ratio that they have at Vintage Court as the same mix of one- and two-bedroom apartments and within that community in Union City they run on very high occupancy, averaging 98% annually. Ms. Critchfield added that the majority of the communities through the entire portfolio operate off waitlists and there is a huge demand for affordable housing. Ms. Critchfield added that waitlists are normally closed for long periods of time because there are so many people and they do not see the turnover of inventory and put them out onto the market. Ms. Critchfield added that they are not necessarily concerned about the high ratio of one bedrooms within the community because there is such a need for it.

Commissioner Lew suggested they investigate the area that they are serving, and they need to decide as to what type of product to offer. Commissioner Lew added that they should look at the Tri-City area, which is Fremont, Union City, and Newark.

Mr. Critchfield deferred to Mr. Malhotra who led the market study.

Jatin Malhotra, 3001 Market Street, Roseville, CA 95747, stated that they tried to do as much as they could with the site. Mr. Malhotra added that it is a very tight site and have less than an acre to work with. Mr. Malhotra added that they were already preliminary designs drawn on the site where there were studios, ones, and twos, and where the type of financing that will be used on City Council/RSA Agenda 836 Tuesday, July 12, 2022
this project which will be 4% tax credits and tax-exempt bonds would be pushing more bedrooms for families near transit. Mr. Malhotra stated that they worked closely with David Baker to create as many bedrooms as possible. Mr. Malhotra noted that while they would love to create more bedrooms, they were constrained by the site, and as far as marketability goes, the project is going to have units ranging from 30% AMI to 70%. Mr. Malhotra added that there will be a wide range of affordability, which is different from previous years where it has been mostly fifties and sixties. Mr. Malhotra added that now they have thirties, fifties, sixties, and seventies and it opens the tenant pool compared to how things have been previously. Mr.

Malhotra explained that this has been a standard move for them throughout the Bay Area, the Santa Clara project that will break ground in September will be about 85% one bedroom. Mr.

Malhotra explained that based on the market study that they go they feel confident about the rent differential that will attract tenants. Mr. Malhotra noted that the part of the decision for the site specifically was because they were constrained with what they could do on the site.

Commissioner Lew asked what family sizes the one bedroom served. Commissioner Lew asked if they served married couples, single seniors, or those who are disabled.

Mr. Malhotra deferred the question to Ms. Critchfield.

Ms. Critchfield replied that typically within a one-bedroom apartment, they would be looking at an occupancy limit of three people and then five people within a two-bedroom apartment which is the industry standard throughout the State. Ms. Critchfield added that they will see a combination in the singles including single parents, married couples. Ms. Critchfield added that they see the whole gamut of people who will be attracted to this type of housing.

Commissioner Lew asked what would happen if the family size grew and they exceed the one bedroom. Commissioner Lew asked if they would they be allowed to stay.

Ms. Critchfield replied that they would be given the opportunity to transfer into a two-bedroom apartment, should their family exceed the size of the one bedroom. Ms. Critchfield added that dependent on how large the family gets there may come a time where they need to move into larger accommodations.

Commissioner Lew asked if they are given the choice.

Ms. Critchfield replied of course.

Commissioner Lew asked how they get tenants.

Ms. Critchfield replied that they go out into the community when they kick off the lease application. Ms. Critchfield stated that they begin with the Community Centers and areas where their demographics tend to shop, live, eat, have recreation, and enjoy. Ms. Critchfield added that they do newspaper advertising and online advertising, and they will even have a banner up on the property as construction is underway. Ms. Critchfield added that banner advertising is one of the best sources and that will drive people to their website and sign them up for the interest list.

Ms. Critchfield added that as they get closer to receiving the certificate of occupancy, 120 days in advance, they will open up the leasing process and will invite people to come into a leasing interview so they can apply for residency and will talk to them about the community, rent restrictions, income requirements, what they can expect, and the lifestyle they can expect within the community. Ms. Critchfield explained that the first four months is a critical period as a large percentage of the community as they will prelease a large percentage of the community before City Council/RSA Agenda 837 Tuesday, July 12, 2022
a certificate of occupancy, and they will continue the leasing efforts after the certificate of occupancy and continue moving people in and then leasing the remaining inventory thereafter.

Commissioner Lew asked if they have started the process yet.

Ms. Critchfield replied no, not yet.

Commissioner Lew asked how far into the construction do they start advertising.

Ms. Critchfield replied that they will start their advertising campaign six months prior to the anticipated Certificate of Occupancy date.

Commissioner Lew asked if they would follow the same procedures within Union City or if they would be reaching out to Fremont, Newark, and Hayward.

Ms. Critchfield replied that they would try to focus within the community itself within the Union City area and then would go outside into the neighboring communities if they were not seeing the traction they were expecting.

Commissioner Lew stated that there is a need for all sized homes but was disappointed in so many one bedroom with so many single parents with children in school and understands many of them are living out of their cars.

Ms. Critchfield replied that the architect noted that the Union Flats project in Union City has 243 units of which only 20 are two bedrooms. Ms. Critchfield noted that it is their understanding that they property is performing well and has been successful, so they are hopeful and excited about the project doing the same.

Chairperson Mann thanked the team for investing in Union City and providing much needed affordable housing. Chairperson Mann asked when they anticipated breaking ground.

Ms. Clark replied that as of now, there is a specific plan area, and there is a master developer that is responsible for putting in all in the background infrastructure and providing a graded pad, based on timing on starting CDs and applying for financing based on their schedule they are looking at November of 2024 to have the pad available.

Chairperson Mann stated that they would be looking at November 2024 and then a year of construction.

Ms. Clark replied 18 months.

Commissioner Mclelland asked if there is disabled access to these apartments and if some of them will be built with people that are disabled or possibly wheelchair-bound in mind.

Ms. Clark confirmed that there would be disabled access in the downstairs units and would be compliant with California law.

Kevin Fryer, Integral Communities, stated that they were excited to be bringing the affordable housing portion of the project forward as the first Site Development Review package on the entire project and hoped it demonstrates their commitment to having a high-quality, affordable housing project constructed as a very early part of the project. Mr. Fryer reminded everyone that the total unit count, affordability levels, unit mix, and bedroom count were spelled out as required in the project’s approved Development Agreements. Mr. Fryer added that USA was proposing one more 2 bedroom, and one fewer bedroom than required under the DA and then City Council/RSA Agenda 838 Tuesday, July 12, 2022
just reminded them that there will be much more to see and review on the overall project in the coming months, and they are excited for the Planning Commission to review.

Commissioner Lew moved that the Planning Commission recommend approval of Site Development Review, SD-21-002, to the City Council, subject to the conditions of approval, and making the required findings, as listed in the staff report, in support of the recommendation.

Commissioner Mclelland seconded.

The motion was carried by the following roll call vote:

AYES: (LEW, MANN, MCLELLAND, SAKAKIHARA)
NOES: NONE
ABSTAIN: NONE
ABSENT: GUIO
The motion passes 4-0.

6. SUPPLEMENTAL STAFF REPORTS:

A. CONTINUED HEARINGS: None.

B. NEW REPORTS: None.

7. ECONOMIC DEVELOPMENT REPORTS: None.

8. COMMISSION MATTERS:

A. Follow-up on Planning Commission referrals to the City Council.

Mr. Farmer stated that the 4312 Dyer Street project would be considered by the City Council at its June 28, 2022 hearing.

B. Upcoming applications for the Regular Planning Commission meeting for July 7, 2022.

Mr. Farmer stated that the Housing Element would be considered by the Planning Commission at its July 7, 2022 meeting. Mr. Farmer further stated that the Housing Element had been released on June 13, 2022 for a 30-day public review period and was available on the City’s website.

City Council/RSA Agenda 839 Tuesday, July 12, 2022

9. GOOD OF THE ORDER:

Chairperson Mann noted his concerns over the hillside anticipation of 4th of July. Chairperson Mann asked staff to share his concerns to the Fire Division and Police Department.

Commissioner Lew wished the fathers in attendance a happy Father’s Day.

Several Commissioners celebrated staff’s professionalism and hard work of keeping City Hall open through the pandemic.

10. ADJOURNMENT: 8:29 PM
City Council/RSA Agenda 840 Tuesday, July 12, 2022
PLANNING COMMISSION RESOLUTION NUMBER 08-22

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UNION CITY

RECOMMENDING APPROVAL TO THE CITY COUNCIL OF THE SITE
DEVELOPMENT REVIEW (SD-21-002) FOR PLANNING AREA 3 IN THE STATION

EAST RESIDENTIAL / MIXED USE DEVELOPMENT FOR THE PROJECT SITE LOCATED AT 33945 7
TH STREET (APNs: 087-0021-013-01, 087-0021-013-02
(portion))
WHEREAS, USA Properties Fund, as applicant on behalf of the Station East Owner LLC / Williams Brothers, a Partnership, has submitted applications for Site Development Review for Planning Area (PA) 3 consisting of 123 affordable rental units within the Station East Residential Mixed-Use project; and WHEREAS, the project site consists of 0.96 acres located at 33945 7th Street (APNs: 087-0021-013-01, 087-0021-013-02 (portion)); and WHEREAS, the project site has a General Plan designation of Station East Mixed Use and a Zoning designation of SEMU-R (Station East Mixed Use Residential); and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the Station East Residential / Mixed Use Project Environmental Impact Report (EIR) (SCH# 2020039032) was prepared and certified for the project on June 8, 2021 by City Council Resolution No. 5774-21, which determined the project would not result in any significant impacts with the incorporation of mitigation measures; and WHEREAS, the subject property is part of the larger Station East Mixed Use Residential Project subject to City Council approvals in June 2021 of General Plan Amendment (AG-20-001), Specific Plan Amendment (SP-20-001), Zoning Text Amendment (AT-20-002), Zoning Map Amendment (A-20-001), Development Agreement (DA-20-001), and Tentative Map (TTM-20-001) for the Station East Mixed Use Residential Project consisting of up to 974 dwelling units and 30,800 sq. ft. retail; and WHEREAS, pursuant to Section 18.76.050 of the Union City Municipal Code, the Planning Commission held a duly noticed public hearing on the proposed Site Development Review (SD-21-002) on June 16, 2022, at which time all interested parties had the opportunity to be heard. The Planning Commission considered the staff report dated June 16, 2022, and all written and oral testimony; and WHEREAS, the project plans are labeled Exhibit A, attached hereto and made a part hereof.

NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Union City does hereby find as follows:

1. That the foregoing recitals are true and correct and made a part of this resolution; and
City Council/RSA Agenda 841 Tuesday, July 12, 2022
Planning Commission Resolution No. 08-22
SD-21-002
PA 3/Station East Residential

CEQA

2. That the City of Union City has determined that the proposed project falls within the scope of the project previously evaluated in the Station East Residential / Mixed Use Project EIR (SCH: 2020039032) prepared and certified for the project because only minor architectural changes have occurred with the project, including the reduction in height from 68’ to 59’9”. The proposed revisions to the project would not cause any new significant environmental impacts or substantially increase the severity of significant environmental impacts previously evaluated in the EIR.

3. No new information of substantial importance that was not known at the time the EIR was certified has been identified that demonstrates that the project would have one or more significant impacts not discussed in the EIR, or that previously identified significant impacts would be substantially more severe. No new projectrelated mitigation measures have been identified that would substantially reduce one or more significant impacts of the project, but which the project sponsors decline to adopt. Similarly, no mitigation measure previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant impacts of the project, but which the project sponsors decline to adopt.

The mitigation measures adopted by the City Council on June 8, 2021 as part of the Mitigation Monitoring and Reporting Program have been included in the conditions of approval.

Site Development Review

4. That approval of the Site Development Review application is consistent with the General Plan and any applicable specific plans because the project is consistent with the General Plan designation of Station East Mixed Use, and applicable General Plan policies. Specifically, the project is consistent with the goal to create an urban mixed-use environment that capitalizes on proximity to the BART station where people are encouraged to live, work, shop, and play. The project is also consistent with the applicable policies of the Station East Mixed Use Residential Specific Plan Amendment.

5. Approval of this application is consistent with the purpose of Title 18 and the requirements of the SEMU-R Zoning District because the project, as conditioned, seeks to promote the public health, safety, and general welfare of the people; protect the character and maintain the stability of residential, business and industrial areas; and to promote orderly and beneficial development. The project, as conditioned, is also consistent with the applicable requirements of the SEMU-R Zoning District and Chapter 18.33, Affordable Housing.

6. Approval of this application is consistent with the purpose of Site Development review as outlined in Section 18.76.010 because the project, as conditioned, is City Council/RSA Agenda 842 Tuesday, July 12, 2022
Planning Commission Resolution No. 08-22
SD-21-002
PA 3/Station East Residential

consistent with the purpose of Site Development Review, which seeks to promote orderly, attractive and harmonious development and the stability of land values.

Specifically, the project will provide an attractive development of the PA 3 site, including buildings, site improvements, and landscaping that will complement and be harmonious with the Station East Mixed Use Residential development, as documented in the staff report.

BE IT FURTHER RESOLVED THAT THE Planning Commission of the City of Union City hereby recommends City Council approval of SD-21-002 as set forth in Exhibit A, based on the following conditions of approval:

Planning Division
General

1. All actual site improvements shall be made and maintained with adherence to the plans, as shown in Exhibit A, except as they may be modified by other conditions of approval listed below.

2. The Site Development Review shall expire in two years from the date of City Council approval unless an extension is granted.

3. The applicant and/or property owner shall include an annotated copy of the approved conditions with each set of detailed construction plans submitted for plan check review. Notations to the plans shall be made to clearly indicate how all conditions of approval will be or have been complied with. Construction plans shall not be accepted without the annotated final conditions of approval included as a note sheet with each set of plans.

4. The applicant and/or owner shall apply for and take out all required building and fire permits prior to beginning any on-site work. Plans submitted to the Building Division and Fire Department must demonstrate compliance with all applicable local and State requirements.

5. The final subdivision map shall be recorded prior to issuance of building permits.

6. Prior to issuance of a building permit, the applicant and/or property owner shall provide a Transportation Demand Management (TDM) Plan that complements the Station East TDM Plan required by Tentative Map Condition No. 10 approved by Resolution No. 5777-21 on June 8, 2021 and Section 3.4 of the Development Agreement approved by Ordinance No. 866-21 on June 22, 2021.

7. Prior to issuance of the building permit, the applicant and/or property owner/property owner shall enter into a regulatory agreement with the City requiring one hundred twenty-two (122) affordable units plus one (1) manager’s unit, consistent with Section 3.3 of the Development Agreement approved by Ordinance No. 866-21on June 22, 2021.

8. The applicant and/or property owner shall vote affirmatively to annex the project site into Community Facilities District No. 2006-01 or participate in an equivalent City Council/RSA Agenda 843 Tuesday, July 12, 2022
Planning Commission Resolution No. 08-22
SD-21-002
PA 3/Station East Residential

financing mechanism reasonably acceptable to the City prior to issuance of building permits consistent with Section 2.14.1 of the Development Agreement approved by Ordinance No. 866-21 on June 22, 2021. The applicant and/or property owner shall pay all fees for staff and consultant time and recordation through a title company
Architecture, Building Materials and Finishes

9. The applicant and/or property owner shall provide details of all exterior architectural and site features, including but not limited to window sills, window trim, window mullions/muttons, exterior doors, eaves and overhangs, corbels, metal awnings, gutters, scoring, and exterior lights in the plans submitted for building permit issuance, subject to review and approval by the Economic and Community Development Department. Minor changes to these and similar details may be required to enhance the building frontages.

10. Prior to the issuance of building permits, the applicant and/or property owner shall submit samples of color palette and exterior materials for review and approval by the Economic & Community Development Department. The color samples shall be full-size brush-outs as opposed to paint chips. Color swatches shall also be provided on the buildings on site for review and approval by the Economic and Community Development Department prior to full painting. Any future amendments or changes to the approved painting schemes shall be submitted to the Economic & Community Development Department for approval prior to the repainting of any buildings or structures on site.

11. The applicant and/or property owner shall provide factory-processed color finishes, such as baked enamel, on all exterior metal surfaces.

12. All rooftop equipment shall be screened from public view. A detail of such screening shall be included in the plans submitted for building permit issuance.

Landscaping and Fencing

13. Prior to the issuance of building permit, the applicant and/or property owner shall submit a final landscape package, which is consistent with the preliminary landscape package except as may be modified by the following requirements and /or other project conditions of approval. Plant species and locations may be adjusted for compatibility, to coordinate with ladder pads, and other considerations.

The landscape package shall also be consistent with Chapter 18.112, Water Efficient Landscape, of the Municipal Code and the Landscape Standards Policy Statement. The final landscape plan will be subject to review and approval by the City’s consulting Landscape Architect. Additional fees for consultant’s review and inspection are required to be paid with the building permit fees. A final inspection of the installed landscaping and irrigation shall be completed prior to issuance of the Certificate of Occupancy. The applicant and/or property owner shall be City Council/RSA Agenda 844 Tuesday, July 12, 2022
Planning Commission Resolution No. 08-22
SD-21-002
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responsible for maintaining all irrigation and landscaping and shall replace any dead or dying vegetation for the life of the project.

14. The applicant and/or property owner shall provide a certificate of deposit in the amount of 50% of the estimated installation cost of the landscaping, up to $10,000.00, in order to ensure installation of the planting shown on the approved landscape plan. The applicant and/or property owner shall enter into a private landscape maintenance contract for the maintenance of the required landscaping for a minimum period of two years after installation. The required certificate of deposit shall be submitted to the Economic & Community Development Department prior to the issuance of building permits. The project landscaping shall be completed, pursuant to the above-stated requirements, prior to issuance of a Certificate of Occupancy for the buildings.

15. The applicant and/or property owner shall provide a detail for all proposed fencing subject to review and approval by the Economic and Community Development Department.

16. The landscaping shall provide screening for backflow prevention devices, meters and other above-ground appurtenances to the extent feasible. At initial planting, additional plants may be required by the Economic and Community Development Director for screening.

Utilities

17. The applicant and/or property owner shall subsurface all new transformers, switching boxes, and similar appurtenances, or shall screen them with landscaping or by locating them in an enclosure with walls matching the material and color of the nearest building. The enclosure shall include gates of heavy gauge corrugated steel and shall be surrounded by trees, shrubs and climbing vines. The applicant and/or property owner shall arrange the location and treatment of the appurtenances with the gas, electric and communication providers prior to issuance of building permits. A detail of the transformer screening shall be included on the plans submitted for issuance of building permits.

18. The applicant and/or property owner shall screen all meters, telecommunications equipment, and appurtenant structures from public view to the satisfaction of the Economic and Community Development Director. A detail of such screening shall be shown on the plans submitted for issuance of building permits.

19. The applicant and/or property owner shall, at developer’s expense and in conjunction with the City's Community Access Television (CATV) franchise, provide for the complete pre-wiring of the proposed development for the purpose of receiving CATV service from the City's CATV franchise. In addition, the applicant and/or property owner shall install an empty two-inch conduit in all joint trenches within the development and along the street frontages for the sole purpose of future fiber optics. Junction boxes shall be installed every 200 feet along the conduit City Council/RSA Agenda 845 Tuesday, July 12, 2022
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route. The empty two-inch conduit shall be provided for use to secondary cable companies for the installation of high-speed fiber. A site plan showing the conduit layout shall be submitted in a digital format prior to permit issuance.

20. The applicant and/or property owner shall grant an easement to the Alameda County Water District to allow the installation of all backflow prevention devices.

The devices shall be screened from public view by landscaping or other approved methods in the area in which the device is located. Landscaping shall blend with existing landscaping and, if necessary, landscaping shall be added in other areas, as required for symmetry. The Alameda County Water District shall sign any plans for screening to ensure conformance with their requirements. The final landscape package shall include landscape screening of any backflow prevention devices.

21. The applicant and/or property owner shall obtain a Union Sanitary District Demolition Permit for the abandonment of any existing sewer laterals prior to site grading or provide documentation showing that this has been done as part of the subdivision improvements required by Tentative Tract Map 8251 approved by Resolution No. 5777-21 on June 8, 2021.

Parking

22. The applicant and/or property owner shall be responsible to ensure that the parking pallet system is maintained in proper working order so that all parking stalls in the garage are available for use at all times.

23. Building permit plans shall include details for secure storage of at least ninety-two (92) bicycles in the Bicycle Storage Room in the garage and a bike rack for at least five (5) bicycles on the exterior of the building near the entry plaza, subject to review and approval by the Economic and Community Development Department.

Prior to final occupancy, the applicant and/or property owner shall install bicycle parking in conformance with the requirements listed in Chapter 18.28, Off-Street Parking and Loading and Chapter of the Zoning Ordinance.

Fees

24. Upon issuance of the building permit for the development, the applicant and/or property owner shall pay a Capital Facilities Fee in accordance with the City’s Master Fee Schedule, and as may be modified by Exhibit E to the Development Agreement approved by Ordinance No. 866-21 on June 22, 2021.

25. Upon issuance of the building permit for the development, the applicant and/or property owner shall pay a Park Facilities Fee in accordance with the City’s Master Fee Schedule, and as may be modified by Exhibit E to the Development Agreement approved by Ordinance No. 866-21 on June 22, 2021.

26. Upon issuance of the building permit for the development, the applicant and/or property owner shall pay a Bedroom Tax in accordance with the City’s Master Fee City Council/RSA Agenda 846 Tuesday, July 12, 2022
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Schedule, and as may be modified by Exhibit E to the Development Agreement approved by Ordinance No. 866-21 on June 22, 2021.

27. Upon issuance of the building permit for the development, the applicant and/or property owner shall pay a Fire Equipment Acquisition Fee in accordance with the City’s Master Fee Schedule, and as may be modified by Exhibit E to the Development Agreement approved by Ordinance No. 866-21 on June 22, 2021.

28. Upon issuance of each building permit for the development, the applicant and/or property owner shall pay the General Plan Cost Recovery Fee in accordance with the City’s Master Fee Schedule, and as may be modified by Exhibit E to the Development Agreement approved by Ordinance No. 866-21 on June 22, 2021.

Miscellaneous

29. The applicant and/or property owner shall be responsible for ensuring that all contractors and subcontractors have obtained a valid City of Union City business license for the duration of the project.

30. Prior to issuance of building permits, the applicant and/or property owner shall submit a Sign Plan for the project consistent with the Master Sign Program for Station East required by Tentative Map Condition No 28 for Tentative Tract Map 8251 approved by Resolution No. 5777-21 on June 8, 2021, including the location, design, and sign area for each of the building signs consistent with the Master Sign Program and City’s Sign Ordinance (Chapter 18.30 of the Municipal Code), allowed building sign materials, maximum letter height, illumination details (if any), and references to applicable requirements listed in the City’s Sign Ordinance. The entry monument sign shown on Sheet L1 is considered illustrative and not approved at this time.

31. Landfill (garbage), recycling, and compost (organics) containers shall be placed for collection service at the street staging/loading area designated in the Solid Waste Management Plan no earlier than sunset of the day preceding the day designated for collection and moved from the place of collection prior to midnight of the day the containers have been emptied in accordance with the Time of Placement of Containers prescribed in the Union City Municipal Code Section

7.04.061 (B).

32. Prior to issuance of a building permit, a final Solid Waste Management Plan shall be submitted that provides adequate facilities and capacity for landfill (garbage), recycling, cardboard, and compost (organics) collection, including the use of compactors to minimize the number and days bins are placed out for pickup, which may include adjustments in the parking garage, subject to the review and approval of the Economic and Community Development Director and the Recycling Manager. Final Solid Waste Management Plan shall also address operational details regarding management of solid waste, recycling and organics recycling, including but not limited to, cleaning and maintenance of trash/recycling rooms and City Council/RSA Agenda 847 Tuesday, July 12, 2022
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chutes, and installation of informational signs. Plans submitted for building permit issuance and on-going management of solid waste, recycling and organics recycling shall be consistent with approved Solid Waste Management Plan dated May 10, 2022 except as modified by these conditions.

33. Prior to issuance of a building permit, a photometric/lighting plan shall be submitted showing adequate lighting levels in pedestrian areas, including the property street frontages, to the satisfaction of the Police Department, Economic and Community Development Department and Public Works Department. All lighting fixtures other than street lights shall be of an architectural design that compliments the development and shall be fitted with glare shields to minimize overflow of lighting onto adjacent properties and the streets. The style and design of all light fixtures in the public right-of-way shall be reviewed and approved by the City Engineer; all other light fixtures shall be approved by the Economic & Community Development Department.

34. Prior to issuance of building permits, the applicant and/or property owner shall submit Maintenance Standards for review and approval by the Economic and Community Development Department, to ensure on-site maintenance and standards for the development’s common areas, as well as those private unit areas that can be seen from the public right-of-way (stoops, for example). If any of the items listed below will be the responsibility of the Master Homeowners Association pursuant to Section 2.13 of the Development Agreement approved on June 22, 2021, then those items shall be noted in the Maintenance Standards. The Maintenance Standards shall also include contracting services with a professional management company for the day-to-day management of the development. The Maintenance Standards shall be filed with the County Recorder, and shall include, but shall not be limited to the following:
a. Maintenance of all common areas and common improvements within the entire project (i.e. trees, landscaping, irrigation systems, perimeter walls, common area amenities, pool, resident storage areas, service areas, mechanical and electrical rooms, fire pump rooms, oil-water separators, stairs and elevators, garage aisles, laundry areas, etc.).
b. Enforcement of "No Parking" areas in the garage.
c. Maintenance of all fences and gates.
d. Maintenance of landscaping in the public right-of-way fronting the project site. e. Where not covered by a landscape and lighting district or other agreement, maintenance of all storm water pollution prevention measures. f. In the event the public right-of-way landscaping is not maintained to the satisfaction of the City, the City may, at its option, maintain the landscaping and charge the applicant and/or property owner, its heirs or successors, for the services performed.

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g. Any graffiti appearing on the site shall be removed by the applicant or owner within forty-eight hours after discovery. If not removed in a timely manner, the City may, at its option, remove the graffiti and charge the applicant for the services performed.
h. The applicant and/or property management shall ensure that all stoops and balconies are kept clutter-free at all times and are not used by occupants for storage or laundry-drying purposes. Bicycles and recreational equipment shall be stored in the areas dedicated for residential storage purposes. i. Interior windows treatments shall be consistent in type and color throughout the development.
j. Maintenance of any trellis vines shall include regular pruning to cut away and remove dead and dying plant material at least on an annual basis.

Building Division

35. The applicant and/or property owner shall provide to the Building Department an eight and a half inch by eleven inch addressed site plan of the complex prior to the issuance of building permits.

36. Any construction shall fully comply with the current adopted California Building Standards Code in effect at the time of building permit issuance.

37. Residential projects utilizing post-tension slabs shall provide permanent labeling in a conspicuous place approved by the Building Official, such as on the utility meter. In addition, the applicant and/or property owner shall record a note on the title of the property indicating the use of a post-tension slab and a statement of precaution regarding future repairs to said post-tension slab.

38. The applicant and/or property owner shall provide detailed construction plans (working drawings) and structural calculations to the Building Division for plan review prior to issuance of a building permit. Plans and supporting documents shall be prepared by a California state-licensed architect or engineer. Upon completion of the plan check, all applicable fees shall be paid and a building permit issued prior to commencement of any actual construction work on-site.

39. Field Testing and Certification shall be done under the supervision of a professional engineer experienced (California licensed) in the design and testing of acoustical systems and barriers. Test results, which demonstrate that minimum sound insulation requirements have been met, shall be submitted to the Building Official for review and approval prior to occupancy.

40. The buildings and site shall be designed to be accessible to persons with physical disabilities in accordance with California State Disabled Access Regulations.

41. The applicant and/or property owner shall maintain the property to be free of litter, weeds, debris, etc., both before and after issuance of building permits. Daily litter City Council/RSA Agenda 849 Tuesday, July 12, 2022
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and debris collection rounds shall be conducted on the site and an adequate number of landfill (garbage), recycling and compost (organics) receptacles shall be provided to minimize litter accumulation and ensure source-separation of materials.

42. The applicant and/or property owner shall comply with the Construction and Demolition Ordinance 576-01 to divert recyclable debris away from landfills. The applicant and/or property owner shall submit a completed Construction and Demolition Waste Management Plan with their application for a construction or demolition permit.

43. The applicant and/or property owner shall remove any graffiti appearing on the site within forty-eight (48) hours after discovery. If not removed in a timely manner, the City may, at its option, remove the graffiti and charge the property owner a fee for the services performed.

44. The applicant and/or property owner shall not locate construction debris boxes within the public right-of-way (ROW), driveways or on adjacent private properties.

45. A soils reports shall be provided for the project site. The proposed building foundation design shall be reviewed by either the Geotechnical Engineer or Civil Engineer who prepared the soils investigation. A letter shall be provided to the building department that is stamped and signed by the engineer that verifies the foundation design has been reviewed and found to be in conformance with the soil report requirements.

46. Prior to requesting a foundation inspection from the City, the Geotechnical Engineer or Civil Engineer who prepared the soil investigation shall provide a field report in writing, which shall state that the building pads were prepared and compacted in accordance with the soil report and specifications, and that the foundation and/or pier excavation, depth, backfill materials, and drainage, substantially conforms with the soil report and approved plans.

47. Prior to the final inspection for the buildings, the Geotechnical Engineer or Civil Engineer who prepared the soil investigation shall issue a final report in writing stating the completed pad, foundations, finished grading, drainage, and associated site work substantially conforms with the approved plans, specifications, and investigation.

48. Prior to issuance of a building permit, the applicant and/or property owner shall submit to the Building Division a site survey to establish the location of all property lines on the project site and pad elevation. A California-licensed civil engineer or surveyor shall prepare the site survey. If required by the Chief Building Official, the property lines shall be properly marked in the field prior to the first building inspection.

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Fire Department

49. The project shall comply with the California Building and Fire Codes and current and local ordinances in effect at the time of building submittal.

50. The project shall include installation of a National Fire Protection Association (NFPA) 13 Fire Sprinkler System and NFPA 72 Fire Alarm System.

51. The building permit plans shall identify the locations of Knox boxes, fuel Sallyport for fire pump (if required), Fire Department connections, Fire Alarm Control Panel, enunciators and related equipment to the satisfaction of the Fire Department.

52. A Fire Protection Engineer shall prepare the drawings and calculations related to fire service for the building, subject to the review and approval of the Fire Marshal.

A peer review may be required prior to issuance of building permits.

53. Prior to issuance of a building permit, the ability to meet the fire flow requirements shall be verified by Alameda County Water District and any improvements necessary to provide required fire flow to the site shall be completed to the satisfaction of the Fire Marshal.

54. Prior to issuance of a building permit, ladder pads shall be shown on the building permit plans, to the satisfaction of the Fire Marshal.

55. Fire hydrants shall be placed in a loop system and located on the same side of the street as the development. Plans submitted for building permit issuance shall show compliance with this requirement.

56. A wharf hydrant shall be located inside the courtyard. Plans submitted for building permit issuance shall show compliance with this requirement.

57. Fire lane identification will be required when it is necessary to restrict parking of vehicles in order to maintain the required width of fire access roadways for emergency vehicle use.

58. Areas designated as a fire lane shall be identified by painted red curbs and related signage posted immediately adjacent, which states “Fire Lane – No Parking”.

Submitted improvement plans shall detail location of red curbs.

59. Plans submitted for building permit issuance shall identify all Fire Department Connection (FDC) locations on the exterior, in stairwells, and/or on the roof to the satisfaction of the Fire Marshal.

60. The Fire Alarm Control Unit (FACU) shall not be co-located within the building main electrical room.

61. If a fire pump is required, plans submitted for building permit issuance shall indicate the diesel refueling shall be either through a sally port on a vertical wall five (5) feet from any opening and/or a below grade utility vault.

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62. Plans submitted for building permit issuance shall include details for a radio repeater system, to the satisfaction of the Police Department.

63. Prior to building occupancy, the developer shall be financially responsible to evaluate the building capability for allowing Fire and Police public safety 2-way radio transmissions to occur in all portions of the building. If radio transmission deficiencies are identified, the developer shall be responsible for implementing an enhanced public safety radio amplifier/repeater system inside and/or outside the building at no cost to the City, to the satisfaction of the Police Department.

64. If the building electrical room has a rating of 1200 Amperes (AMPS) or more, the room shall require two (2) doors equipped with panic hardware.

65. Any welding or cutting operations shall require a hot work permit.

Police Department

66. The applicant and/or property owner shall use solid core doors for all exterior man doors. When allowed by code, all such doors shall have a bolt lock with minimum 1" throw. Plans submitted for building permit issuance shall document compliance with this condition.

67. The applicant and/or property owner shall equip the front entry doors with minimum 180-degree door viewers. Plans submitted for building permit issuance shall document compliance with this condition.

68. The applicant and/or property owner shall provide illuminated addressing at the main building entry with 4" high illuminated numerals and, for the main building entry, painted addressing on curbs. Numeral color shall be contrasting to background color. Plans submitted for building permits issuance shall document compliance with this condition.

69. Prior to issuance of a building permit, the security and operational features of the entry systems for the entry plaza, garage entry, and other building and site entries shall be provided, subject to review and approval of the Police Department.

Environmental Programs Division

70. Prior to issuance of a grading permit, the applicant and/or property owner shall provide documentation showing that any fill proposed for on-site consists of clean dirt that meets residential environmental screening levels for shallow soil, subject to the review and approval of the Environmental Programs Division.

Public Works Department
Miscellaneous Improvements

71. The applicant and/or property owner shall provide drainage facilities to carry storm water runoff in the area to be developed. The applicant and/or property owner City Council/RSA Agenda 852 Tuesday, July 12, 2022
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shall submit a drainage plan, including hydrologic and hydraulic calculations to the City Engineer for review and approval, as required.

72. The applicant and/or property owner shall ensure that any proposed street lights are located at least 5 feet from proposed driveways, in accordance with City Standards.

73. The applicant and/or property owner shall design all improvements in the City rightof-way in conformance with current City standards.

74. Prior to issuance of any permit, the applicant and/or property owner shall submit a Construction Staging Plan that includes traffic control plan for any activities that may impact traffic flow on public streets, subject to approval of the City Engineer.

Such activities shall not begin until the traffic control plan has been approved and implemented in the field. Construction-related impacts during construction, such as pedestrian access through the construction zone of this project, must be in accordance with Americans with Disabilities Act (ADA) guidelines.

75. Plans submitted for building permit issuance shall identify curb markings and signage for the “flex zone” and also the collection area for the solid waste, recycling and organics recycling bins, subject to review and approval by the Public Works Director and Recycling & Solid Waste Program Manager.

76. Prior to occupancy, additional safety/warning devices or signs may be required at the driveway entrance and/or at the garage entrance to address any sight visibility issues, subject to the review and approval of the Public Works Director.

77. Improvements in the public right-of-way shall be consistent with the Tentative Map for Tract 8251 pursuant to Resolution No. 5777-21 approved on June 8, 2021 and subsequent plans for subdivision improvements.

78. Prior to issuance of a building or grading permit including excavation or disturbance below the ground surface, the applicant and/or property owner shall submit evidence of prior notification to Department of Toxic Substances Control (DTSC).

Utilities

79. The applicant and/or property owner shall install all public utilities in the Public Utility Easement or in the public right-of-way. No public utilities shall be installed on private property without appropriate easements.

80. The applicant and/or property owner shall dedicate a Public Utility Easement behind the right-of-way on private property for utilities such as Pacific Gas & Electric (PG&E), AT&T, Comcast cable and any fiber optic providers, as needed.

81. The applicant and/or property owner shall underground all new utility lines underground. No new overhead services to the development or overhead extensions of main lines will be permitted. Plans submitted for building permit City Council/RSA Agenda 853 Tuesday, July 12, 2022
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issuance shall show that the existing overhead lines connecting from the subject property to the property to the east at 33955 7th Street have been or will be replaced.

82. The applicant and/or property owner shall provide all public utility and access easements for the development to the satisfaction of the City Attorney and the Director of Public Works.

83. The applicant and/or property owner shall contact the Alameda County Water District, Engineering Department, at (510) 659-1970 to determine water service and permit requirements and Union Sanitary District at (510) 477-7500 to determine sewer service and permit requirements.

84. The applicant and/or property owner shall contact the Alameda County Flood Control and Water Conservation District to determine any approval requirements.

Trees

85. The applicant and/or property owner shall ensure that trees planted within 10 feet of any paved or concrete area include a root control barrier and deep watering sleeve, the design of which shall be subject to approval by the Public Works Department.

86. Unless all trees are removed as part of the subdivision improvements for Tentative Tract Map 8251 approved by Resolution No. 5777-21 on June 8, 2021, the applicant and/or property owner shall obtain a Tree Removal permit from the Public Works Department prior to proceeding with any tree removal associated with demolition and grading operations.

87. Improvement plans submitted for review shall include proposed street trees for review by the Public Works Department to ensure that proposed street trees are appropriate in terms of ongoing maintenance requirements and potential damage to the sidewalk in the long term.

Permits, Agreements, and Fees

88. The applicant and/or property owner shall secure an Encroachment Permit from the Public Works Department for all work in the public right-of-way. The applicant and/or property owner shall be responsible for any required repairs associated with the development, including paving, trenching, curbs and gutters, sidewalks, street lights, or installation of same where not existing, as determined by the City Engineer.

89. The applicant and/or property owner shall pay all Public Works Department fees such as Plan Check & Inspection fees, Traffic Signalization fee, Grading Permit Fee (and associated bonds), and Encroachment Permit fee. Except for the Encroachment Permit fee, all other fees shall be paid prior to the issuance of the City Council/RSA Agenda 854 Tuesday, July 12, 2022
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Grading Permit as may be modified by Exhibit E to the Development Agreement approved by Ordinance No. 866-21 on June 22, 2021.

90. The applicant and/or property owner shall pay a fee and post a Bond for all work in the public right-of-way, including trenching, roadwork, concrete, striping and work related to intersection and traffic signal modifications, etc.

91. The applicant and/or property owner shall provide a detailed breakdown of the engineer’s estimate for all on-site work including grading, storm drainage facilities, stormwater treatment facilities, street structural section including paving, pavers, sidewalk, curb & gutter, lighting and landscaping. The Plan Check & Inspection Fees will be based upon this estimate.

92. The applicant and/or property owner shall pay a Traffic Signalization Fee in the amount prescribed for the 123 multi-family units in the Master Fee Schedule, and as may be modified by Exhibit E to the Development Agreement approved by Ordinance No. 866-21 on June 22, 2021.

93. Prior to proceeding with any demolition and grading operations, the applicant and/or property owner shall apply for a Grading Permit, pay a fee and post a Grading Permit Bond, which will be based upon the final estimate of the number of cubic yards of dirt estimated to be moved, including cut, fill and import, etc.

94. The applicant and/or property owner shall place a copy of the approved Public Works conditions of approval on the grading plans released to the contractor.

95. The applicant and/or property owner shall ensure that on-site and off-site construction activity complies with Section 9.40.053 of the Union City Municipal Code, and is limited to the following hours:

Monday through Friday - 8:00 a.m. to 8:00 p.m.

Saturday - 9:00 a.m. to 8:00 p.m.

Sundays & Holidays - 10:00 a.m. to 6:00 p.m.

Stormwater

96. The applicant and/or property owner shall ensure that the project complies with the most current requirements of the Alameda County Clean Water Program (ACCWP) as detailed in the California Regional Water Quality Control Board’s (RWQCB) San Francisco Bay Region Municipal Regional Stormwater Permit (MRP 2), Order R2-2015-0049, NPDES Permit No. CAS612008, dated November 19, 2015.

97. The applicant and/or property owner shall submit the ‘Applicability of C.3 and C.6 Stormwater Requirements’ checklist demonstrating that the project meets the requirements of the Municipal Regional Stormwater Permit (MRP) for approval by the City Engineer.

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98. The applicant and/or property owner shall enter into a storm water treatment measures maintenance agreement with the City of Union City assuring both the responsibility for the post-construction operation and maintenance (O&M) of any non-Low Impact Development (LID) treatment measures installed on the lot as well as the access by public agency personnel strictly for the purpose of O&M verification. The applicant may propose to include the maintenance of the non-LID filtration system in the O&M for the entire development if the timing of the proposed mechanical unit installation on PA-3 will work with the development of the roadway infrastructure and the associated LID stormwater treatment measures, such as the bio-treatment basins. This maintenance agreement shall be recorded by the property owner at the Alameda County Recorder's Office. An O&M Plan and an annual Inspection Report for storm water treatment measures shall be provided for review and approval by the Public Works Department, Environmental Programs Division in compliance with the California RWQCB Order R2-2015-0049, NPDES Permit No. CAS612008, dated November 19, 2015. A sample ‘boiler plate’ version of this agreement prepared by the City Attorney is available from the Public Works Department for use on this project.

99. The applicant and/or property owner shall install a full solid waste trash capture device (TCD), as approved by the City Engineer, at all new storm drain structures just prior to connection with the public storm drain system. TCDs shall also be installed at all new and existing storm drain inlets located along the perimeter of the development in order to prevent solid waste from entering the public storm drainage system.
100. Prior to issuance of the building permit, provisions shall be included to address drainage from the garage, including prevention of stormwater or groundwater from entering the garage and protection of water quality for any drainage from the garage, subject to review and approval of the Public Works Director. Connection to sanitary sewer shall not be permitted.
101. The applicant and/or property owner, prior to issuance of grading and/or building permits, shall submit a plan showing the proposed measures to minimize impacts to water quality in conformance with the requirements of the Alameda Countywide Clean Water Program. Project plans and specifications for Storm Water controls shall be prepared and stamped by a California licensed Professional Engineer who is also a Qualified Stormwater Designer (QSD).
102. The applicant and/or property owner shall ensure that the design of any Stormwater quality treatment measures incorporated in the project must include the treatment control design guidance for vector control (Alameda Countywide Clean Water Program’s Vector Control Plan).

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Stormwater “During Construction” Best Management Practices (BMPs) 103. The following BMPs relating to construction site controls shall be implemented during construction activities. These BMPs shall be shown as notes on the approved grading and building permit plan sets:
a. The applicant and/or property owner shall ensure compliance with all BMPs by making sure that all contractors, subcontractors and suppliers are aware of all storm water pollution prevention measures and their implementation requirements.
b. The applicant and/or property owner shall ensure that concrete/gunite supply trucks or concrete/plaster and finishing operations discharge washout water into a designated cleanout area, designed to prevent pollutants from entering the storm water and/or sanitary sewer system.
c. The applicant and/or property owner shall ensure that discharge restrictions shall also apply to the operation of general construction machinery including masonry cutting equipment, and the washing of tools, brushes, containers, etc.

These operations shall not be performed in the street, gutter, or where pollutants can enter the storm water system. Failure to comply with the approved construction requirements will result in the issuance of correction notices, citations, or project stop work orders.
d. The applicant and/or property owner shall minimize the removal of natural vegetation or ground cover from the site in order to minimize the potential for erosion and sedimentation problems. All cut and fill slopes shall be stabilized as soon as possible after completion of grading. No site grading shall commence unless approved erosion control measures are in place. e. The applicant and/or property owner shall install filter materials (sand bags, filter fabric, straw wattle, etc.) at the storm drain inlet nearest the downstream side of the project site prior to:

1. Start of the rainy season (October 1st);

2. Site dewatering activities;

3. Street washing activities; and

4. Saw cutting asphalt or concrete.

Filter materials shall be maintained and/or replaced as necessary to ensure effectiveness and prevent street flooding. Filtered particles shall be disposed of in an appropriate manner based upon constituents.
f. The applicant and/or property owner shall gather all construction debris on a regular basis and place in a dumpster or other container, which is emptied or removed at a minimum on a weekly basis. When appropriate, tarps shall be City Council/RSA Agenda 857 Tuesday, July 12, 2022
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used on the ground to collect falling debris, paint over-spray, etc. that could contribute to storm water pollution.
g. The applicant and/or property owner shall ensure that solid waste enclosures and/or recycling containers, paved outdoor storage, staging, or lay down areas shall be designed and constructed to prevent pollutants from entering storm drain system.
h. The applicant and/or property owner shall ensure the availability of a contained and covered area on the site for the storage of bags of cement, paints, flammables, oils, fertilizers, pesticides or any other materials used on the project site that have the potential of becoming a pollutant and/or being discharged to the storm drain system.
i. The applicant and/or property owner shall ensure that dirt, gravel, debris and green waste shall be removed from the sidewalk, street pavement, and storm drains adjoining the project site. These areas shall be broom swept on a daily basis. Caked on mud or dirt shall be scraped before sweeping. During wet weather, the applicant and/or property owner should avoid excavation and other activities that lead to pollutants entering storm water such as driving vehicles on unpaved areas, etc.
j. The applicant and/or property owner shall ensure that outdoor washing or pressure washing shall be managed to prevent pollutants from getting into storm water and/or into the storm drain system.
k. The applicant and/or property owner shall ensure that On-site storm drain inlets shall be labeled “No Dumping - Drains to Bay” using a stencil approved by the Public Works Department.
104. The applicant and/or property owner shall maintain a program of dust control, to the satisfaction of the Public Works Director, to prevent air pollution as well as discomfort or damage to adjacent properties. The dust control program shall include the following BMPs recommended by the Bay Area Air Quality Management District:
a. Water all active construction areas at least twice daily. b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard.
c. Pave, apply water three times daily to all unpaved areas on the site, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites.
d. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites.

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e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets.
f. Protect the closest downstream inlet with filter fabric inserts and sand/gravel bags and maintain it during the course of the project.

Mitigation Measures (pursuant to the California Environmental Quality Act [CEQA]) as required by Resolution No. 5772-21 adopted June 8, 2021 certifying the Environmental Impact Report for the Station East Residential / Mixed Use Project and adopted a Mitigation and Monitoring Program.
105. Mitigation Measure AQ-2a: Require Low-Volatile Organic Compounds (VOC) Coatings During Construction. The project applicant shall require their contractors, as a condition of contract, to reduce construction-related fugitive Reactive Organic Gases (ROG) emissions by ensuring that low-VOC coatings that have a VOC content of 10 grams/liter (g/L) or less are used during construction.

Prior to permit issuance, the project applicant shall submit evidence to the City regarding the use of low-VOC coatings to the City.
106. Mitigation Measure AQ-2b: Use Clean Diesel-Powered Equipment During Construction to Control Construction-Related Emissions. The project applicant shall ensure that all off-road diesel-powered equipment used during construction is equipped with Environmental Protection Agency (EPA)-approved Tier 4 Final engines. Prior to permit issuance, the project applicant, in coordination with the construction contractor, shall submit evidence to the City regarding the use of EPA-approved Tier 4 Final engines or cleaner for project construction. 107. Mitigation Measure AQ-2c: Require Use of Diesel Trucks with 2010- Compliant Model Year Engines. The project applicant shall ensure that contractors, as a condition of contract, to use diesel trucks that have 2010 model year or newer engines, but no less than the average fleet mix for the current calendar year as set forth in the California Air Resources Board’s (CARB’s) Emission Factor (EMFAC) 2017 model database. In the event that 2010 model year or newer diesel trucks cannot be obtained, the project applicant, in coordination with the construction contractor, must provide documentation to the City showing that a good faith effort to locate such engines was conducted, such as outreach to at least two vendors. Prior to permit issuance, the project applicant shall submit evidence compliance with this mitigation measure to the City. 108. Mitigation Measure AQ-2d: Implement Bay Area Air Quality Management District (BAAQMD) Basic Construction Mitigation Measures. The project applicant shall require all construction contractors to implement the basic construction mitigation measures recommended by BAAQMD. The emissions reduction measures shall include, at a minimum, all of the following: Prior to permit issuance, the project applicant shall provide documentation that these basic construction measures are reflected in all construction contracts.

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• All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, unpaved access roads) will be watered two times a day. • All haul trucks will be covered when transporting soil, sand, or other loose material offsite.
• All visible mud or dirt track-out material on adjacent public roads will be removed using wet-power vacuum-type street sweepers at least once a day. The use of dry-power sweeping is prohibited.
• All vehicle speeds will be limited to 15 miles per hour on unpaved roads. • All roadways, driveways, and sidewalks that are to be paved will be paved as soon as possible. Building pads will be laid as soon as possible after grading, unless seeding or a soil binder is used.
• All construction equipment will be maintained and properly tuned in accordance with manufacturers' specifications. All equipment will be checked by a certified visible-emissions evaluator.
• Idling times will be minimized, either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure).
• Publicly visible signs will be posted with the telephone number and name of the person to contact at the lead agency regarding dust complaints. This person will respond and take corrective action within 48 hours. BAAQMD's phone number will also be visible to ensure compliance with applicable regulations. 109. Mitigation Measure AQ-2e: Require Low-VOC Coatings during Operation.

The project applicant shall require their contractors, as a condition of contract, to reduce operation-related fugitive ROG emissions by ensuring that low-VOC coatings that have a VOC content of 10 grams/liter (g/L) or less are used during operation.
110. Mitigation Measure AQ-2f: Require Use of Green Consumer Products during Operation. The project applicant shall provide education for residential and commercial tenants concerning green consumer products. Prior to receipt of any certificate of final occupancy, the project applicant shall work with the City of Union City to develop electronic correspondence to be distributed by email to new residential and commercial tenants that require the purchase of consumer products that generate lower than typical VOC emissions. Examples of green products may include low-VOC cleaning supplies and consumer products. 111. Mitigation Measure AQ-2g: Purchase of Mitigation Credits for Emissions Exceeding BAAQMD’s Daily Pollutant Thresholds. The project applicant shall provide annual operational emissions estimates to the City for review prior to receipt of any certificate of final occupancy of new buildings. Average annual emissions shall be forecasted for each operational year over the life of the project City Council/RSA Agenda 860 Tuesday, July 12, 2022
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(30 years). Emissions shall be calculated using BAAQMD-accepted emissions model and project-specific land use and design features. Should the proposed development not result in operational emissions exceeding BAAQMD’s daily pollutant thresholds, the project would result in less-than-significant air quality impacts during operation and no further action would be required.

If it is shown that the project would result in exceedances of thresholds during any year of the project’s life, the project applicant shall pay a mitigation offset fee pursuant to BAAQMD’s emission reduction credit or interchangeable emission credit program, in an amount to be determined prior to the first year of exceedance over the life of the project (30 years). All fees for such credits shall be paid by the project applicant prior to the receipt of any certificate of final occupancy. If, at the time of the certificate of occupancy for the final building is issued, the project applicant demonstrates there are no exceedances, no further action shall be required.
112. Mitigation Measure BIO-1a: Burrowing Owl Protection. The project applicant shall implement the following measures prior to any construction activities:
• If construction activities occur between April and August, the project applicant shall retain a qualified biologist* to conduct preconstruction surveys for burrowing owl 14 days prior to and within 24 hours of the start of construction activities.
• If an active burrow is identified, an appropriate no-disturbance buffer zone shall be established that extends a minimum of 250 feet around the burrow, and construction activities shall be prohibited within this zone during the nesting season (April through July).
• Buffers may be modified based on the opinion of the biological monitor and in coordination with California Department of Fish and Wildlife (CDFW) taking into consideration site specific conditions (e.g., line of sight to activities, specific activities taking place).
• Representatives of the CDFW shall be consulted to determine whether the nest burrow should be protected and a permanent buffer established or whether the nest site may be destroyed once the young have fled.
• Construction activities within the buffer zone shall not proceed until the qualified biologist has determined that the owls have fled and the nest can be destroyed or a CDFW-approved relocation plan is successfully implemented. *  The experience requirements for a “qualified biologist” shall include a minimum of 4 years of academic training and professional experience in biological sciences and related resource management activities, and a minimum of 2 years of experience conducting surveys for each species that may be present within the project area.

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113. Mitigation Measure BIO-1b: Bat Protection. The project applicant shall implement the following measures prior to any construction activities:
• The project applicant shall retain a qualified biologist to conduct preconstruction surveys and implement protective measures for hoary bat, pallid bat, Townsend’s big-eared bat, and other roosting bats. At least 2 months prior to the demolition of the existing buildings and structures, a qualified biologist shall conduct an initial daytime survey to assess the building for potential bat roosting habitat, and to look for bats and bat sign. Qualified biologists shall have knowledge of the natural history of the species that could occur and sufficient experience determining bat occupancy and bat survey techniques. The qualified biologist shall examine both the inside and outside of the building and structures for potential roosting habitat, as well as routes of entry to the building and structures. Locations of any roosting bats, signs of bat use, and entry and exit points shall be noted and mapped on a drawing of the buildings and structures.

Roost sites shall also be photographed as feasible. Depending on the results of the habitat assessment, the following steps will be taken as described below. • If the building and structures can be adequately assessed (i.e., all areas of the building and structures can be examined) and no habitat or limited habitat for roosting bats is present and no signs of bat use are present, a preconstruction survey of the interior and exterior of the buildings and structures by a qualified biologist shall be conducted within 24 hours of demolition. • If moderate or high potential habitat is present but there are no signs of bat use, the project applicant shall implement measures under the guidance of a qualified biologist to exclude bats from using the buildings and structures as a roost site, such as sealing off entry points. Prior to installing exclusion measures, a qualified biologist shall re-survey the buildings and structures to ensure that no bats are present. Additionally, a preconstruction survey of the interior and exterior of the building and structures shall be conducted within 24 hours of demolition to confirm that no bats are present.
• If moderate or high potential habitat is present and bats or bat sign are observed, or if exclusion measures are not installed as described above, or the buildings and structures provides suitable habitat but could not be adequately assessed, the following protective measures shall be implemented. o Follow-up surveys shall be conducted to determine if bats are still present. If species identification is required by the California Department of Fish and Wildlife (CDFW), surveys using night vision goggles and active acoustic monitoring using full spectrum bat detectors shall be used. A survey plan (number, timing, and type of surveys) shall be determined in coordination with CDFW.
o Based on the timing of demolition, the extent of bat sign or occupied habitat, and the species present (if determined), the qualified biologists shall work City Council/RSA Agenda 862 Tuesday, July 12, 2022
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with the City and CDFW to develop a plan to discourage or exclude bat use prior to demolition. The plan may include installing exclusion measures or using light or other means to deter bats from using the buildings and structures to roost.
o A preconstruction survey of the interior and exterior of the buildings and structures shall be conducted within 24 hours of demolition. • Depending on the species of bats present, size of the bat roost, and timing of the demolition, additional protective measures may be necessary. Appropriate measures shall be determined in coordination with the CDFW and may include measures listed below.
o To avoid impacts on maternity colonies or hibernating bats, the buildings and structures shall not be demolished while bats are present, generally between April 1 and September 15 (maternity season) and from October 30 to March 1 (hibernation).
o Removal of roosting habitat shall only occur only following the maternity season and prior to hibernation, generally between September 15 and October 30, unless exclusionary devices are first installed (as described below). Other measures, such as using lights to deter bat roosting, may be used if developed in coordination with and approved by CDFW. o Installation of exclusion devices shall occur before maternity colonies establish or after they disperse, generally from March 1 –30 or September 15–October 30 to preclude bats from occupying a roost site during demolition. Exclusionary devices shall only be installed by or under the supervision of a qualified biologist.
o The project applicant shall implement the following measures prior to tree removal or trimming:
• Project applicant(s) shall avoid impacts on maternity colonies or hibernating bats if identified by avoiding tree removal between April 1 and September 15 (maternity season) and between October 30 and March 1 (hibernation) to the extent feasible.
• No more than 2 weeks prior to the start of tree removal or trimming, a qualified biologist shall examine the trees that are to be removed or trimmed to identify suitable bat roosting habitat. High-quality habitat features (e.g., large tree cavities, basal hollows, loose or peeling bark, larger snags) shall be identified, and the area around these features shall be searched for bats and bat sign (e.g., guano, culled insect parts, staining). If the qualified biologist concludes that the trees do not provide suitable bat roosting habitat, no further actions are necessary and tree removal or trimming may commence.

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If the daytime survey identifies moderate or high potential for bats, an evening survey shall be conducted. The qualified biologist shall conduct evening visual emergence surveys of the source habitat feature from a half hour before sunset to 1 to 2 hours after sunset for a minimum of 2 nights within the season when construction shall take place. Night-vision goggles or full-spectrum acoustic detectors shall be used during emergence surveys to assist in species identification. All emergence surveys shall be conducted during favorable weather conditions (i.e., calm nights with temperatures conductive to bat activity [55 degrees and above] and no precipitation). If it is found that roosting special-status bats are present, protective measures determined by the qualified biologist in coordination with CDFW shall be implemented, as needed (see previous description for the types of measures). The CDFW may require compensatory mitigation for the loss of roosting habitat, depending on the species present and size of the bat roost. Compensation, if required, shall be determined in consultation with the CDFW and may include constructing, installing, or monitoring suitable replacement habitat on-site or near the project site to ensure it functions as intended.
114. Mitigation Measure BIO-1c: Nesting Bird Protection. • To the extent practicable, vegetation and tree removal, structural demolition, and other construction-related activities shall be performed from September 1 through January 31 to avoid the general nesting period for migratory birds protected by the (Migratory Bird Treaty Act) MBTA.
• If construction occurs during migratory bird nesting season (February 1 to August 31), the project applicant shall be responsible for the retention of a qualified biologist with demonstrated nesting bird survey experience to conduct a preconstruction nesting bird survey within 7 days prior to the start of construction in areas that have not been previously disturbed by project activities or after any construction breaks of 7 days or more. The survey shall be performed in suitable habitat to locate active passerine and raptor species (birds of prey) within 100 and 300 feet, respectively, of the applicable construction phase area.
• If active nests are located during the preconstruction nesting bird surveys, a qualified biologist shall determine if the schedule of construction activities could affect the active nest; if so, the following measures shall apply, as determined by the qualified biologist:
o If the qualified biologist determines that construction would not affect an active nest, construction may proceed without restriction; however, a qualified biologist shall regularly monitor the nest at a frequency determined appropriate for the surrounding construction activity to confirm that there would be no adverse effect. The frequency of spot check monitoring would be determined on a case-by-case basis, considering the particular City Council/RSA Agenda 864 Tuesday, July 12, 2022
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construction activity, duration, proximity to the nest, and physical barriers that may screen activity from the nest. The qualified biologist may revise his or her determination at any time during the nesting season, in coordination with the City.
o If it is determined that construction may affect an active nest, the qualified biologist shall establish a no-disturbance buffer around the nest(s), and all project work shall halt within the buffer to avoid disturbance or destruction until the qualified biologist determines that the nest is no longer active.

Typically, buffer distances are no less than 50 feet for passerines and no less than 250 for raptors. These are standard buffer distances that State and federal regulators agree on as it is widely known in the avian community to minimize disturbances to nesting birds. The buffer size, which can vary with different species, shall be based on species' sensitivity to disturbance, planned work activities in the vicinity of the nest, the level of noise or construction disturbance, the line of sight between the nest and the area(s) of disturbance, ambient levels of noise and other disturbances, and topographical or artificial barriers.
o Modifying nest buffer distances, allowing certain construction activities within the buffer, and/or modifying construction methods in proximity to active nests shall be done at the discretion of the qualified biologist, in compliance with the California Fish and Game Code and other applicable laws. o Any work that must occur within established no-disturbance buffers around active nests shall be monitored by a qualified biologist. If adverse effects in response to project work within the buffer are observed that could compromise the nest, work within the no-disturbance buffer(s) shall halt until the nest occupants have fledged.
o Any birds that begin nesting within the project area and survey buffers amid construction activities are assumed to be habituated to construction-related or similar noise and disturbance levels. Therefore, exclusion zones around nests may be reduced or eliminated in these cases, as determined by the qualified biologist. Work may proceed around these active nests as long as the nests and their occupants are not directly affected. • Any inactive non-raptor nest on the project site shall be removed by a qualified biologist to deter nesting.
115. Mitigation Measure CUL-2a: Preconstruction Archaeological Sensitivity Training. Prior to the start of any construction activities, a qualified archaeologist shall conduct a preconstruction archaeological sensitivity training to the excavation crew. This training shall include an overview of what cultural resource are and why they are important, archaeological terms (such as site, feature, deposit), project site history, types of cultural resources likely to be uncovered during excavation, laws that protect cultural resources, and the unanticipated discovery protocol.

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116. Mitigation Measure CUL-2b: Unanticipated Discovery Protocol. Should an archaeological resource be encountered during project construction activities, the construction contractor shall halt construction within 50 feet of the find and immediately notify the City. Construction activities shall be redirected and a qualified archaeologist, in consultation with the City, shall 1) evaluate the archaeological resource to determine if it meets the CEQA definition of a historical or unique archaeological resource and 2) make recommendations about the treatment of the resource, as warranted. If the resource does meet the CEQA definition of a historical or unique archaeological resource, then it shall be avoided to the extent feasible by project construction activities. If avoidance is not feasible, then adverse effects to the deposit shall be mitigated as specified by CEQA Guidelines Section 15126.4(b) (for historic resources) or Section 21083.2 (for unique archaeological resources). This mitigation may include, but is not limited to, a thorough recording of the resource on Department of Parks and Recreation Form 523 records, or archaeological data recovery excavation. If data recovery excavation is warranted, CEQA Guidelines Section 15126.4 (b)(3)(C), which requires a data recovery plan prior to data recovery excavation, shall be followed.

If the significant identified resources are unique archaeological resources, mitigation of these resources shall be subject to the limitations on mitigation measures for archaeological resources identified in CEQA Guidelines Sections 21083.2 (c) through 21083.2 (f).
117. Mitigation Measure CUL-3: Handling of Human Remains. In the event that any human remains are encountered during construction activities, work within 50 feet of the discovery shall be redirected and the Alameda County Coroner shall be notified immediately. Concurrently, an archaeologist shall be contacted to assess the situation and consult with the appropriate agencies. If the human remains are of Native American origin, the coroner shall notify the Native American Heritage Commission (NAHC) within 24 hours of this identification in accordance with section 5097.98 of the California Public Resources Code, and section 7050.5 of the California Health and Safety Code, as applicable. The NAHC shall identify a most likely descendant to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods. 118. Mitigation Measure GEO-7: Paleontological Monitoring and Mitigation Plan.

Prior to initial ground disturbance in previously undisturbed strata of geologic units, the applicant shall retain a Qualified Paleontologist, as defined by the Society of Vertebrate Paleontology, to direct all mitigation measures related to paleontological resources and design a Paleontological Mitigation and Monitoring Program (PMMP) for the proposed project. The PMMP shall include measures for a preconstruction survey, a training program for construction personnel, paleontological monitoring, fossil salvage, curation, and final reporting, as applicable.

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119. Mitigation Measure GHG-1a: Require Implementation of BAAQMDrecommended Construction BMPs. The project sponsor shall require their contractors, as a condition of contracts (e.g., standard specifications), to reduce construction-related GHG emissions by implementing BAAQMD's recommended BMPs, including (but not limited to) the following measures (based on BAAQMD's CEQA Guidelines ). The project applicant shall submit evidence of compliance to the City prior to permit issuance.
• Ensure alternative fueled (e.g. biodiesel, electric) construction vehicles/equipment make up at least 15 percent of the fleet • Use local building materials of at least 10 percent (sourced from within 100 miles of the Planning Area)
• Recycle and reuse at least 65 percent of construction waste or demolition materials
120. Mitigation Measure HAZ-2a: Site Management Plan. Prior to issuance of a grading permit, the project sponsor shall retain the services of a qualified environmental engineering firm to prepare and implement, during site preparation and grading activities, a Site Management Plan (SMP). The SMP shall be designed to protect human health and the environment and include protocols, measures, and techniques for the proper handling, management, and disposition of affected soils and groundwater associated with construction dewatering (if any) found on the site and any areas of off-site work during site preparation and grading activities.

The SMP shall also be designed to protect workers and off-site receptors during site activities and ensure the proper characterization, management, and/or disposal of contaminated environmental media that exceed applicable environmental screening levels established by the RWQCB, regional screening levels established by EPA, or other screening thresholds approved for the project.

The environmental engineering firm shall determine the applicability of Bay Area Air Quality Management District (or other agency) rules for fugitive dust control and/or VOC emissions during earthwork, and the SMP shall provide compliance protocols to be adhered to, including air monitoring protocols, if required. The SMP shall be prepared by a commercial environmental engineering firm with demonstrated expertise and experience in the preparation of SMPs and be stamped by an appropriately licensed professional. The SMP shall be submitted for City and outside agency review in conformance with Decoto Industrial Park Study Area (DIPSA) Specific Plan, Toxic and Hazardous Substances Policy 5, and implemented throughout all ground-disturbing work.

The SMP shall establish protocols and measures for addressing the discovery of presently unknown environmental conditions or subsurface structures such as USTs or sumps. At a minimum, there shall be protocols for the sampling and testing of soil unearthed during the construction of new or replacement of existing water mains off-site. If the environmental engineering firm subsequently identifies City Council/RSA Agenda 867 Tuesday, July 12, 2022
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the need for further sampling, the project sponsor shall implement this and any other requirements identified in the SMP. The project sponsor shall enter into a voluntary agreement with the RWQCB for review and approval of the SMP. As lead agency for the site cleanup, the RWQCB will also have oversight authority pertaining to implementation of the SMP. If directed by the RWQCB, additional site investigation and characterization may be required prior to construction to ensure that hazardous materials in the soil, soil vapor, and/or groundwater do not exceed applicable regulatory thresholds. If additional site investigation and characterization is required prior to construction, the project sponsor shall implement said studies (and their respective recommendations,1 if necessary) prior to construction. The RWQCB will also consult and coordinate with the Alameda County Water District (ACWD) on the scope of the SMP. The project sponsor shall provide a copy of the SMP to the ACWD at the same time the SMP is submitted to the RWQCB for review and comment. As part of its review of the SMP, the ACWD shall also review the design of long-term drainage and stormwater treatment plans. The project sponsor shall incorporate all recommendations and requirements from the ACWD into the SMP and drainage/stormwater treatment plans as appropriate. As the oversight agency, the RWQCB shall provide the project sponsor with comments on the SMP. Prior to issuance of the grading permit, the project sponsor shall provide the City with a copy of the approved SMP and implement the SMP during site preparation and grading under the approving agency’s oversight at the project sponsor’s cost. 121. Mitigation Measure HAZ-2b: Engineering Controls on the Project Site. Prior to the issuance of grading permits, the project sponsor shall demonstrate compliance with the recommendations in the Step-out Soil Gas Assessment (ENGEO 2013) to address vapor intrusion concerns. Implementation of engineering controls shall be implemented on the project site in accordance with the Step-out Soil Gas Assessment (ENGEO 2013) to address the presence of elevated VOCs (in areas where TCE and PCE concentrations exceeded residential screening levels). Engineering controls shall be installed to redirect and or minimize VOC concentrations. Said engineering controls shall consist of controls that allow for appropriate ventilation and discharge of the vapors into the atmosphere.

Specific engineering controls may include, but will not be limited to:
• Installation of subsurface migration barriers; and/or • Inclusion of ventilated foundations for any proposed structures; and/or • The use and implementation of an alternative method or structural design that would address soil gas releases and reduce the potential for hazardous conditions to occur.

Appropriate engineering control system(s) shall be determined with concurrence, approval, and oversight of the DTSC and RWQCB (as applicable) and shall be City Council/RSA Agenda 868 Tuesday, July 12, 2022
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dependent on future building placement and construction. Any DTSC requirements for long-term operation, monitoring, and maintenance (OMM) of the vapor mitigation systems shall be complied with, including any requirements to secure the cost of such OMM with a financial security instrument such as a performance bond. Any land use covenant required by DTSC to ensure the long-term efficacy of the vapor mitigation systems shall be recorded in property title records by the project sponsor or successor owner. If monitoring or extraction wells remain in place at the time that engineering controls are submitted to DTSC and RWQCB, the placement of such engineering controls shall either not interfere with operation of the well facilities, or DTSC and/or RWQCB shall have approved any required modifications to the well facilities.

Prior to project grading, the project sponsor shall enter into a voluntary oversight agreement (or California Land Reuse and Revitalization Act [CLRRA] agreement) with DTSC and submit for DTSC’s approval a remedial plan for the evaluation and removal of known hazardous substances present in soil. The remedial plan shall specify risk-based screening levels appropriate for future residential use (in the residential areas) and for commercial use (in the commercial areas). The project sponsor shall implement the approved remedial plan under DTSC’s oversight.

Confirmation sampling shall document that all soil exceeding the screening levels has been successfully removed. Prior to commencement of project grading, DTSC shall have issued written concurrence that known soil contamination has been satisfactorily addressed. The project sponsor shall provide a copy of DTSC’s written concurrence to the City.
122. Mitigation Measure HAZ-2c: Conduct a Hazardous Building Materials Survey prior to Demolition Activities. Prior to the issuance of a demolition permit, a comprehensive Hazardous Building Materials Assessment shall be conducted by a licensed contractor prior to demolition activities associated with the project.

Should this assessment determine that lead-based paint, treated-wood waste, and/or asbestos or other hazardous building materials are present, the following actions shall be implemented:
• A health and safety plan shall be developed by a certified industrial hygienist for potential lead-based paint, asbestos or other hazardous building materials risks present during demolition. The health and safety plan shall then be implemented by a licensed contractor.
• Both the federal Occupational Safety and Health Administration (OSHA) and the California Occupational Safety and Health Administration (Cal/OSHA) regulate worker exposure during construction activities that affect lead-based paint. The Interim Final Rule found in 29 Code of Federal Regulations, Part 1926.62 covers construction work in which employees may be exposed to lead during such activities as demolition, removal, surface preparation for repainting, renovation, cleanup, and routine maintenance.

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• Acquire necessary approvals from the City and/or County for specifications or commencement of abatement activities. Abatement activities shall be conducted by a licensed contractor.
• Prior to demolition of construction debris containing asbestos the BAAQMD shall be notified ten days prior to initiating construction and demolition activities.

Demolition permit submittal to the City shall include BAAQMD Asbestos Demolition/Renovation job number (J#) and related BAAQMD acknowledgement letter.
• Asbestos shall be disposed of at a licensed disposal facility. Section 19827.5 of the California Health and Safety Code, adopted January 1, 1991, requires that local agencies not issue demolition or alteration permits until an applicant has demonstrated compliance with notification requirements under applicable federal regulations regarding hazardous air pollutants, including asbestos. • The local office of the Cal/OSHA shall be notified of asbestos abatement activities.
• Asbestos abatement contractors shall follow State regulations contained in 8 California Code of Regulations (CCR) 1529 and 8 CCR 341.6 through 341.14 where there is asbestos-related work involving 100 square feet or more of asbestos containing material.
• Asbestos removal contractors shall be certified as such by the Contractors Licensing Board of the State of California. The owner of the property where abatement is to occur shall have a Hazardous Waste Generator Number assigned by and registered with the Office of the California Department of Health Services in Sacramento.
• Contractors and subcontractors shall comply with Union City Municipal Code

13.42.050 in performing a priority building materials screening assessment.

The contractor and hauler of hazardous building materials shall file a Hazardous Waste Manifest that details the hauling of the material from the site and the disposal of it. Pursuant to California law, the City of Union City shall not issue the required permit until the applicant has complied with the notice requirements described above.
123. Mitigation Measure NOI-1a: Construction Noise Control Plan. Prior to demolition or grading permit issuance, the project applicant shall submit a noise control plan to reduce construction noise levels such that project construction noise would be in compliance with the City’s Community Noise Ordinance, as determined by a qualified acoustical consultant, for approval by the Economic and Community Development Department. The plan shall require one of the following measures in order to achieve this result:
• Noise producing construction activities shall be restricted to the hours of 8:00 a.m. to 8:00 p.m. during weekdays; 9:00 a.m. to 8:00 p.m. on Saturdays; and City Council/RSA Agenda 870 Tuesday, July 12, 2022
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10:00 a.m. to 6:00 p.m. on Sundays and holidays. In addition, permitted construction activities shall meet at least one of the following noise limitations:
o No individual piece of equipment shall be permitted to produce a noise level exceeding 83 decibels (dBA) as measured at a distance of 25 feet. This could be achieved in a variety of ways, including but not limited to selecting quieter equipment that generates noise levels of less than 83 dBA Lmax at a distance of 25 feet, or incorporating sound muffling devices on construction equipment;
OR
o The noise levels at any point outside the property plane (for the purposes of this analysis, the “property plane” is assumed to be the boundaries of the project site) of the project shall not exceed 86 dBA. This could be achieved in a variety of ways, including but not limited to ensuring equipment is operating at sufficient distances from the edge of the project site property line, incorporating sound muffling devices on construction equipment, or utilizing temporary noise barriers to reduce construction noise when construction equipment must be in proximity to the edge of the property line (particularly near noise-sensitive land uses).
• All construction equipment shall have appropriate sound muffling devices, which shall be properly maintained and used at all times such equipment is in operation.
• The project contractor shall place all stationary construction equipment so that emitted noise is directed away from the closest off-site sensitive receptors. • The construction contractor shall locate on-site equipment staging areas so as to maximize the distance between construction-related noise sources and the noise-sensitive receptors closest to the project construction areas. • A publicly visible sign shall be posted with the telephone number and contact information for the designated on-site construction manager available to receive and respond to noise complaints. This person shall report all complaints to the City of Union City Public Works Department.
124. Mitigation Measure NOI-1b: Operational Equipment Noise Control Plan. An Operational Equipment Noise Control Plan shall be prepared prior to issuance of the first City-issued building permit for the proposed development for approval by the Building Division. The plan shall include a noise analysis for the project that evaluates HVAC and other stationary mechanical equipment with the potential to generate noise levels in excess of ambient noise levels by 10 dB on new residential properties and by 12 dB on new commercial properties.

The analysis shall be prepared by persons qualified in acoustical analysis and/or engineering and demonstrate with reasonable certainty that the operational noise sources associated with the project would not result in a noise level that would be City Council/RSA Agenda 871 Tuesday, July 12, 2022
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SD-21-002
PA 3/Station East Residential

in excess of the Community Noise Ordinance. All recommendations from the acoustical analysis necessary for ensuring that noise sources would meet applicable requirements of the noise ordinance and would not result in 10 dB (for sources on residential properties) or 12 dB (for sources on commercial properties) increases in ambient noise levels shall be incorporated into plans submitted for building permit issuance and building operation.

ACWD Conditions
125. Given that the project includes 123 residential units, the District requires redundant master meters served from two separate water mains per Section 4.2.4-e of the District's Development Specifications for Public Water System Extensions, located on the District's website (www.acwd.org). Sheet C2 shows redundant 4” water meters and 6” fire service to be installed from the “existing” main within K Street.

It should be noted that there is no existing water main within K Street. Project Proponent will need to coordinate with the developer installing the backbone water system within K Street and other adjacent streets that will form a well-gridded, looped water system prior to the District setting meters for this project. 126. The District requires that minimum clearance requirements are maintained between water meters, service lines, fire hydrants or mains and the nearest utilities, buildings, and trees. Reference District Standard Drawings CL-1-08 through CL-5-08.
127. Each residential domestic, non-residential, irrigation services and fire service will require an above-ground reduced pressure backflow prevention device. Backflow prevention devices must be located in accordance with District Standard Drawings BP-1-08 through BP-3-08. The location and screening of these above-ground devices should be considered in the site design to address both District installation standards as well as aesthetic concerns of the development. Backflows located within buildings are not acceptable. No connections between the District’s detector check and the private side backflow prevention device is allowed on fire service. 128. Master meters sized greater than 2-inches serving this property shall be contained within below-ground vaults, whose sizes shall be determined by the meter size and associated appurtenances. Generally, such vaults may measure 5-feet wide by 7- feet long or could be as large as 6-feet wide by 10-feet long. Vaults, or any part thereof, on private property must be located within public right-of-way or easements dedicated to the District and these easements must extend a minimum of 5-feet around the perimeter of the vault (reference Condition 130, below). The vaults must be flush with the existing grade and be set at no less than 6-inches below the top of the adjacent curb. The vault and service laterals should be located to provide a minimum horizontal clearance of five feet from other utilities and from trees. Reference District Standard Drawings CL-4-08 and CL-5-08. Similarly, the proposed water services must meet District installation and clearance requirements, such as minimum horizontal clearances between service laterals.

City Council/RSA Agenda 872 Tuesday, July 12, 2022
Planning Commission Resolution No. 08-22
SD-21-002
PA 3/Station East Residential

Space must also be provided for the required private backflow prevention devices (reference Condition 127, above).
129. Installation of private sub-metering of all master metered units is required under Water Code Division 1, Chapter 8, Article 5. It is the District's understanding that onsite sub-meters are under the jurisdiction of the California Department of Food and Agriculture, Division of Measurement Standards (CDFA DMS). The District recommends that the project proponents contact CDFA DMS regarding any requirements they may have. The District requires private sub-metering of all master metered units. Prior to the release of jobs for master meter installation and in accordance with the Water Code, Project Proponent shall submit written verification by the City of Union City or Project Proponent that private submeters have been installed to each individual unit served off the master meter. 130. Easements dedicated to the District shall be provided for all District-owned appurtenances located in private property and outside the public right-of-way.

Easements dedicated to the District will require a plat and legal description, prepared by a licensed surveyor, to District standards, along with a current title report for any property or properties affected by the easement. The applicant and/or property owner should refer to the Development Specifications or contact the District Engineering Department for more information. 131. Copies of the District’s Standard Specifications for Water Main Installation and Development Specifications for Public Water System Extensions are available on the District's website at http://www.acwd.org.
132. For modifications of existing water facilities or to initiate new water service to the property, the developer should contact the District Engineering Department. Any existing water services which will not be used in the new development must be removed by the District at the developer's expense.
133. The project shall be designed to implement water efficient plumbing fixtures and irrigation systems at both residential and non-residential developments, including but not limited to, those listed in the Water Efficiency Measures for New Development, located on the District’s website
(http://acwd.org/DocumentCenter/View/421).
134. Groundwater Well Protection/Destruction: In order to protect the groundwater basin, ACWD regulates the construction, repair, and destruction of wells, exploratory holes, and other excavations located within the City of Union City under ACWD Ordinance No. 2010-01. Therefore, each well located within the Project area must be either protected or properly destroyed prior to construction activities.

If the wells are to remain, a letter so indicating must be sent to ACWD. ACWD has identified an abandoned water well, 5S/1W-03C022, located within the Project area. In order to protect the groundwater basin, any abandoned well located within the Project area must be properly destroyed in compliance with ACWD Ordinance No. 2010-01 prior to construction activities. Elevator Shafts: The installation of City Council/RSA Agenda 873 Tuesday, July 12, 2022
Planning Commission Resolution No. 08-22
SD-21-002
PA 3/Station East Residential

elevator shafts that intersect an aquifer or may impact the integrity of any aquitard located directly above an aquifer are regulated as other excavations under ACWD’s Ordinance No. 2010-01. Elevator shafts are frequently installed similar to wells and exploratory holes. If the annular space between the excavation or borehole wall and the shaft is not properly sealed, it can act as a vertical conduit and may create preferential pathways that allow pollutants to rapidly infiltrate the subsurface and impact groundwater. For this reason, ACWD requests the Project proponents coordinate the design of the elevator shaft with ACWD. 135. Dewatering: If groundwater is anticipated during site development, temporary and permanent dewatering activities, and the potential impact of the project on the local drinking water supply must be addressed. It is critical that the amount of water that may be extracted by dewatering be estimated and documented. Alternative designs should be evaluated that would minimize the amount of dewatering required during and subsequent to construction. Groundwater losses due to dewatering should be measured and may be subject to a replenishment assessment fee. Mitigation measures should be proposed to replace all significant losses of ACWD’s water supplies. ACWD regulates the installation and destruction of dewatering wells under ACWD’s Ordinance No. 2010-01. ACWD permits are required for dewatering well installations and destructions. 136. Soil Improvement and Other Excavations: If soil improvement or the installation of support piers, piles or caissons are considered for this site, ACWD request that project proponents coordinate with ACWD regarding the design and construction of these facilities. ACWD permits are required for these features. 3 137. Drilling Permit Requirements: As required by ACWD Ordinance No. 2010-01, drilling permits are required prior to the start of any subsurface drilling activities for wells, exploratory holes, and other excavations within the City. Application for a permit may be obtained from ACWD’s Engineering Department, at 43885 South Grimmer Boulevard, Fremont or online at http://www.acwd.org. Before a permit is issued, a cash or check deposit is required in a sufficient sum to cover the fee for issuance of the permit or charges for field investigation and inspection. All permitted work requires scheduling for inspection; therefore, all drilling activities must be coordinated with ACWD prior to the start of any field work.

City Council/RSA Agenda 874 Tuesday, July 12, 2022
Planning Commission Resolution No. 08-22
SD-21-002
PA 3/Station East Residential

I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission of the City of Union City held on June 16, 2022 by the following vote:

AYES: 4 (Mann, Lew, Mclelland, Sakakihara)
NOTES: 0
ABSTAINED: 0
ABSENT: 1 (Guio)
MOVED: Commissioner Lew
SECONDED: Commissioner Mclelland

APPROVED

HARPAL MANN, CHAIRPERSON
ATTEST:

CARMELA CAMPBELL, SECRETARY
City Council/RSA Agenda 875 Tuesday, July 12, 2022
Station East Mixed Use Residential Project
Site Development Review (SD-21-002)
Planning Area 3
Item 6.b
City Council/RSA Agenda 876 Tuesday, July 12, 2022
2 Application
• Site Development Review for 123 affordable apartment units • Finding that project falls within scope of EIR for Station East Residential / Mixed Use Project (approved in June 2021) • Project Basics:
• 123 units on 0.96 acres
• Two 5-story buildings connected by pedestrian walkways at upper levels
• Subterranean garage for 70 vehicles
City Council/RSA Agenda 877 Tuesday, July 12, 2022
3 Station East Mixed Use Residential
City Council/RSA Agenda 878 Tuesday, July 12, 2022
4 Existing Site
33945
33955
City Council/RSA Agenda 879 Tuesday, July 12, 2022
5 Station East Mixed Use / Residential Project History
Applications for up to 974 units and 30,800 SF commercial on 26.5 acres approved in June 2021, including:
• EIR
• General Plan Amendment (AG-20-001)
• Specific Plan Amendment to DIPSA Specific Plan (SP-20-001) • Zoning Text Amendment creating SEMU-R (AT-20-001)
• Zoning Map Amendment to SEMU-R (A-20-001)
• Development Agreement (DA-20-001)
• Tentative Map (TTM-20-001)
City Council/RSA Agenda 880 Tuesday, July 12, 2022
6 PA 3 Context
• PA 3 is one of 11 PAs in Station East Mixed Use Residential area
• PA 3 will provide most of the affordable housing for the 11 PAs with remainder in PA 1
• Construction cannot begin until Final Map is recorded and infrastructure improvements are installed or guaranteed City Council/RSA Agenda 881 Tuesday, July 12, 2022
7 Affordable Housing - Comparison of 2021 and 2022
Proposals
Affordability Levels of Proposed Units Compared to Development Agreement Development Agreement
(2021) Current Proposal (2022)
1 bedroom 2 bedroom Total Units 1 bedroom 2 bedroom Total Units 30% AMI 12 1 13 11 2 13
50% AMI 29 4 33 29 4 33
60% AMI 37 5 42 37 5 42
70% AMI 30 4 34 29 5 34
Manager's
Unit 0 1 1 0 1 1
Total 108 15 123 106 17 123
City Council/RSA Agenda 882 Tuesday, July 12, 2022
8 Site Plan
City Council/RSA Agenda 883 Tuesday, July 12, 2022
9 First Floor
• Management Office
• Mail Room
• Laundry
• Entry Courtyard
• Community Room
• Fitness Room
• Trash Room (each floor)
• Pet Wash Room
• Bicycle Storage Room
City Council/RSA Agenda 884 Tuesday, July 12, 2022
10 Parking
City Council/RSA Agenda 885 Tuesday, July 12, 2022
11 Bicycle Parking
City Council/RSA Agenda 886 Tuesday, July 12, 2022
12 Building Concepts
City Council/RSA Agenda 887 Tuesday, July 12, 2022
13 7th Street and K Street
City Council/RSA Agenda 888 Tuesday, July 12, 2022
14 Entrance Facing K Street
City Council/RSA Agenda 889 Tuesday, July 12, 2022
15 Facing K Street
City Council/RSA Agenda 890 Tuesday, July 12, 2022
16 K Street Elevation
City Council/RSA Agenda 891 Tuesday, July 12, 2022
17 7
th Street
City Council/RSA Agenda 892 Tuesday, July 12, 2022
18 7
th Street Elevation
City Council/RSA Agenda 893 Tuesday, July 12, 2022
19 K Street / Driveway
City Council/RSA Agenda 894 Tuesday, July 12, 2022
20 Courtyard and Side Elevations
City Council/RSA Agenda 895 Tuesday, July 12, 2022
21 Conceptual Landscape
City Council/RSA Agenda 896 Tuesday, July 12, 2022
22 Landscape Images
City Council/RSA Agenda 897 Tuesday, July 12, 2022
23 Fencing and Railings
City Council/RSA Agenda 898 Tuesday, July 12, 2022
25 General Plan Policy Compliance
• Part of 35% mixed use area within Station East
• Density of 128 units/acre is higher than 25-100 units/acre but allowed by Density Bonus Law
• Density will help Station East Mixed Use Residential area achieve minimum 50 units/acre average
• FAR of 2.44 is within 0.40 to 3.0 allowed by General Plan City Council/RSA Agenda 899 Tuesday, July 12, 2022
26 Specific Plan & Zoning Compliance
Density Bonus Law exempts project from requirements for:
• Density
• Parking
Project complies with Specific Plan Amendment and Zoning design criteria
City Council/RSA Agenda 900 Tuesday, July 12, 2022
27 Special Conditions

6. TDM Plan to complement Station East TDM Plan
22: Parking pallet system
23: Bicycle parking: 92 long-term; 5 short-term

30. Sign Plan to be consistent with Station East Master Sign Plan

34. Maintenance Standards: common areas, stoops,
window treatments

76. Additional safety warnings for garage/driveway if necessary 107-126 Mitigation measures
City Council/RSA Agenda 901 Tuesday, July 12, 2022
28 Planning Commission Meeting – June 16, 2022
- Desk item:
- Responses to questions from Commissioner Lew
- Minor change to conditions
- Letter of support from YIMBY Law
- Planning Commission recommended:
- Approval of Site Development Review SD-21-002,
subject to the conditions of approval, and making
required findings
- Finding that project falls within scope of EIR for
Station East Residential / Mixed Use Project
City Council/RSA Agenda 902 Tuesday, July 12, 2022
29 Recommendation
Consistent with the Planning Commission
recommendation, adopt a Resolution approving Site
Development Review (SD-21-002) for Planning Area 3
located at 33945 7th Street, subject to the conditions of approval, and making required findings
City Council/RSA Agenda 903 Tuesday, July 12, 2022
Agenda Item
DATE: 7/12/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: CONSIDER FOR ADOPTION A RESOLUTION CALLING AN ELECTION TO BE HELD ON NOVEMBER 8, 2022, FOR VOTER CONSIDERATION OF THE EXTENSION OF AN EXISTING, VOTER-APPROVED LOCAL ONEHALF CENT TRANSACTIONS AND USE (SALES) TAX FOR AN

ADDITIONAL NINE YEARS WITH NO INCREASE IN TAX RATE FOR
THE CONTINUED MAINTENANCE OF CITY SERVICES; ESTABLISHING

POLICIES AND PROCEDURES IN CONNECTION WITH SUCHAN
ELECTION; REQUESTING THE BOARD OF SUPERVISORS OF THE

COUNTYOF ALAMEDA TO CONSOLIDATE THE GENERAL MUNICIPAL

ELECTION WITH THE GENERAL ELECTION TO BE HELD ON
NOVEMBER 8, 2022, REQUESTING CERTAIN SERVICES OF THE

REGISTRAR OF VOTERS OF ALAMEDA COUNTY WITH RESPECT TO
THE CONSOLIDATED GENERAL MUNICIPAL ELECTION;AND

PROVIDING FOR SUBMITTAL OF BALLOT ARGUMENTS AND

REBUTTALS AND AUTHORIZING THE FILING OF AN IMPARTIAL

ANALYSIS
Pursuant to prior City Council direction, staff recommends that the City Counciladopt a resolution calling an election and submitting to the voters at the November 8, 2022 election the consideration of a nine-year extension of the existing voter-approved local one-half cent transactions and use (sales) tax with no increase in tax rate.

STRATEGIC PLAN ALIGNMENT
Placement of a tax measure on the November 2022 ballot is consistent with Strategic Plan GoalA: Strategy 1 and New Strategy 1: 1) Establish a comprehensive fiscal stability and sustainability plan to address the General Fund’s long-term structural deficit; 2) Study and prepare for placement of a revenue measure for the November 2022 election that addresses the expiration of the half-cent sales tax; or prepare for $6 million in service cuts.

City Council/RSA Agenda 904 Tuesday, July 12, 2022

BACKGROUND
In 2010, the City Counciladopted a resolution proposing for voter consideration at the November 2010 election a one-half cent (.5%) transactions and use (sales) tax increase for four years (“Measure AA”). The voters of Union City approved Measure AA at the November 2, 2010 election with 60.12% voter approval.

Measure AA went into effect on April 1, 2011 with an expiration date of April 1, 2015. The City Council adopted a resolution proposing for voter consideration at the November 2014 election a ten year renewal of Measure AA (“Measure JJ”). The voters of Union City approved Measure JJ at the November 4, 2014 election with 73.74% voter approval. Absent an extension, the half-cent sales tax willexpire on April 1, 2025.

The half-cent sales tax is referred to as Measure AA throughout the remainder of this report.

DISCUSSION
Staff presented several reports over the past year regarding the fiscal impact of Measure AA, the effect of extending Measure AA on the City’s general fund and, conversely, the effect of permitting Measure AA to expire. A general timeline of past Councilconsideration during 2022 of a potential renewal of Measure AA is as follows:

January 25, 2022: The City Counciladopted a resolution authorizing Mayor Dutra-Vernaci to appoint two Councilmembers to an Ad Hoc Subcommittee to evaluate and provide recommendations on the placement of potential tax measures on the ballot. Councilmember Duncan and Councilmember Singh were appointed to the subcommittee.

February 22, 2022: The Ad Hoc Subcommittee returned to the City Council with a recommendation to proceed with a community survey regarding a potentialextension of Measure AA. The Ad Hoc Subcommittee subsequently worked with staff and the City’s consultants to prepare a survey evaluating voter attitudes toward the potentialextension.

April 26, 2022: The City Council received a report from Godbe Research and TBWBH Props and Measures regarding the community survey of Union City voter attitudes related to a potentialextension of Measure AA and the planned public information program. Given the lack of consensus from the City Council necessary for placement of an extension of a ballot measure to extend Measure AA, staff was directed to return at the subsequent City Council meeting to consider ceasing further efforts related to the potential ballot measure.

May 10, 2022: The City Council received a further report from staff regarding the potential ballot measure to extend Measure AA. The City Council discussed the potential ballot measure and indicated support for a potentialextension of Measure AA for an additional nine (9) years.

Pursuant to City Council discussion, the City Attorney has prepared a Proposed Resolution calling an election and submitting an ordinance for a nine-year extension of Measure AA to the voters at the November 8, 2022 generalelection. The ordinance amends and restates the existing code section to reflect other procedural updates including the fact that the California Department of Tax and Fee Administration now responsible for administration of local transactions and use taxes. A two-thirds vote of the City Council (or four out of five City Council Members) is required to place the nine-year Measure AA extension before the voters on the November ballot. (Government Code section 53724.) Should the Councilelect to adopt the Proposed Resolution, the following election timeline would apply:

1. July 12, 2022: Counciladopts the Proposed Resolution calling an election and placing the proposed extension of Measure AA on the ballot.

City Council/RSA Agenda 905 Tuesday, July 12, 2022

2. July 26, 2022: Direct arguments for or against the Measure AA extension due no later than 5:00 p.m. (Elections Code sections 9282, 9286.)

3. August 5, 2022: Rebuttalarguments due no later than 5:00 p.m. (Elections Code section 9285.)

4. November 8, 2022: Generalelection.

If the City Councilelects to adopt the Proposed Resolution, the City Council may designate up to two Council members to draft and submit the ballot argument in favor of the measure and to draft the rebuttal argument to any argument against the measure. The Proposed Resolution also authorizes the City Council to sign the argument and rebuttal.

FISCAL IMPACT
Measure AA currently generates over $6 million annually to the City’s general fund. This amount is expected to grow in the future. If the City Councilconsolidates this initiative with the General Municipalelection on November 8, 2022, this action will have minimal fiscal impact to the City.

RECOMMENDATION
Staff recommends that the City Council:

1. Submit the nine-year Measure AA no tax rate increase extension to the voters at the next General Municipalelection on November 8, 2022.

2. Designate the person(s) responsible for preparing and submitting the ballot argument and rebuttal in favor of the proposed ballot measure.

Prepared by:

Shandyn Pierce, Attorney
Submitted by:

Kristopher J. Kokotaylo, City Attorney
ATTACHMENTS:

Description Type
Resolution Tax Resolution
Ordinance Tax Ordinance
Power Point Attachment
City Council/RSA Agenda 906 Tuesday, July 12, 2022

CITY COUNCIL RESOLUTION NO. __

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY CALLING AN ELECTION TO BE HELD ON NOVEMBER 8, 2022, FOR VOTER CONSIDERATION OF THE EXTENSION OF AN EXISTING VOTERAPPROVED LOCAL ONE-HALF CENT TRANSACTIONS AND USE (SALES)

TAX FOR NINE YEARS WITH NO INCREASE IN TAX RATE FOR THE CONTINUED MAINTENANCE OF CITY SERVICES; ESTABLISHING

POLICIES AND PROCEDURES IN CONNECTION WITH SUCH AN
ELECTION; REQUESTING THE BOARD OF SUPERVISORS OF THE

COUNTY OF ALAMEDA TO CONSOLIDATE THE GENERAL MUNICIPAL

ELECTION WITH THE GENERAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, REQUESTING CERTAIN SERVICES OF THE REGISTRAR OF

VOTERS OF ALAMEDA COUNTY WITH RESPECT TO THE
CONSOLIDATED GENERAL MUNICIPAL ELECTION; AND PROVIDING

FOR SUBMITTAL OF BALLOT ARGUMENTS AND REBUTTALS AND

AUTHORIZING THE FILING OF AN IMPARTIAL ANALYSIS
WHEREAS, for the past 12 years, Union City has relied upon approximately $6 million annually in locally-controlled funding from a half-cent sales tax measure first approved by 60% of local voters in 2010 and renewed by 73% of local voters in 2014; and
WHEREAS, funds from Union City’s locally controlled sales tax maintain city services such as firefighters, paramedics, 9-1-1 emergency response, police patrols, pothole and street repairs, and services for children, families and seniors; and WHEREAS, public reports from the independent citizens’ oversight committee that reviews the use of funds from Union City’s local sales tax have consistently confirmed that funds have been collected and spent properly; and WHEREAS, unless renewed by local voters, Union City’s locally controlled sales tax funding is set to expire and the City will lose approximately $6 million in annual funding, requiring budget cuts that could include 911 emergency response, community and neighborhood policing, and reductions in street repair and maintenance; and WHEREAS, to prevent cuts to local programs and services, the City Council desires to place a measure on the November 8, 2022 ballot to renew local sales tax funding for nine years without increasing the tax rate; and WHEREAS, essential purchases like groceries and prescription medicine are exempt from the cost of the sales tax to ensure the cost is not a burden to those on fixed or limited incomes; and
WHEREAS, shoppers and visitors from other communities must pay the cost of the sales tax to support Union City services, including shoppers from throughout the region who visit Union Landing; and
City Council/RSA Agenda 907 Tuesday, July 12, 2022

WHEREAS, the measure to renew locally controlled funding would continue strict fiscal accountability protections, including an independent citizens' oversight committee, mandatory annual audits and public disclosure of all spending; and WHEREAS, all funds from a renewed local sales tax must remain under local funds for local needs in Union City and no funds can be taken away by the State; and WHEREAS, the tax to be submitted to the voters, if approved, would continue an existing tax and be imposed on the sale of tangible personal property, and the storage, use, or other consumption of such property. The tax rate would continue to be one-half of one percent (i.e. 0.5%, or one half-cent for each dollar) of the sales price of the tangible personal property. The tax revenue would be collected by the California Department of Tax and Fee Administration (“CDTFA”) and remitted to the City. The tax would be extended for an additional nine (9) years and would then expire automatically unless extended by the voters; and
WHEREAS, California Elections Code sections 9281 through 9287 establish procedures for filing arguments in favor of a ballot measure, and filing rebuttal arguments, including a procedure by which members of the City Council may be authorized by the City Council to submit ballot arguments; and WHEREAS, California Elections Code Section 9280 authorizes the filing of an impartial analysis regarding ballot measures proposed by cities; and WHEREAS, on November 6, 1996, the voters of California approved Proposition 218, which added Articles XIIIC and D to the California Constitution; and WHEREAS, any general tax must be approved by a simple majority vote of the voters voting on the issue of the imposition of the tax; and WHEREAS, based on all of the information presented at the July 12, 2022 meeting of the City Council, both written and oral, including the staff reports, minutes, and other relevant materials, the City Council finds that under CEQA Guidelines 15060(c)(2) and 15378, subdivisions (2) and (4) of subdivision (b), this tax does not constitute a project under CEQA and therefore review under CEQA is not required.

NOW, THEREFORE, BE IT RESOLVED by the City Council of Union City that:

SECTION 1. The foregoing recitals are true and correct and are hereby incorporated by reference.

SECTION 2. Consistent with the requirements of the laws of the State of California relating to General Law Cities, the City Council hereby calls and orders to be held in the City of Union City, California, on Tuesday, November 8, 2022, an election, at which there shall be submitted to qualified voters of Union City, a measure that, if approved, would enact a temporary general transactions and use tax (“sales” tax), as authorized by Revenue and Taxation Code Section 7285.9.

City Council/RSA Agenda 908 Tuesday, July 12, 2022

SECTION 3. The City Council does hereby submit for adoption by the qualified voters of the City of Union City at the General Municipal Election of November 8, 2022, the following question:

To maintain funding the State cannot take away for Union City services, such as keeping fire stations open/ fully staffed, 9-1-1 emergency response, street/ pothole repair, paramedic services, neighborhood police patrols, disaster preparedness, senior/ youth programs and for general government use, shall the City of Union City measure extending the existing voter-approved sales tax without increasing the current 1/2¢ rate be adopted, raising $6,600,000 annually for nine years, with annual audits, independent oversight and all funds staying local?
YES
NO
SECTION 4. The full text of the proposed measure to be submitted to the voters is attached as Exhibit A (the “Measure”) hereto and shall be made available to the public upon request. If a simple majority of the qualified voters voting on the Measure vote in favor therefor, the Measure shall be deemed adopted upon the City Council’s declaration of the results of the election and effective ten (10) days thereafter. The ordinance specifies that the rate of the transactions tax shall be one one-half of one percent (0.5% ) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in the City; it specifies that the rate of the use tax shall be one -half of one percent (0.5%) of the sales price of tangible personal property stored, used or otherwise consumed in the City, and that the tax shall be in effect for an additional nine (9) years.

The CDTFA shall collect the tax from retailers subject to the tax and remit the funds to the City.

SECTION 5. The Board of Supervisors of Alameda County is hereby requested to consent and agree to the consolidation of the General Municipal Election described in this Resolution with the General Election on Tuesday, November 8, 2022, and to issue instructions to the Alameda County Registrar of Voters to take any and all steps necessary for the holding of the Consolidated General Municipal Election. This request is made pursuant to California Elections Code section 10403, and the City Council acknowledges that the consolidated election will be held and conducted in the manner prescribed in Section 10418.

SECTION 6. The Board of Supervisors of Alameda County is hereby requested to permit the Alameda County Registrar of Voters to provide such services as may be necessary to properly and lawfully hold and conduct a Consolidated General Municipal Election in the City on November 8, 2022, pursuant to this Resolution, including but not restricted to the providing and printing of ballots and polling place cards, election supplies, voting booths, flags, registration lists and any other materials and services required to lawfully conduct the election. The City recognizes that additional costs will be incurred by the County by reason of this Consolidated General Municipal Election, and the City agrees to reimburse the County based on the County's established rates.

City Council/RSA Agenda 909 Tuesday, July 12, 2022

This request is made pursuant to California Elections Code section 10002.

SECTION 7. Unless otherwise specified in this Resolution, the General Municipal Election shall be held and conducted as provided in Resolution No. 5948-22, and as provided by law for holding municipal elections.

SECTION 8. (a) In accordance with Elections Code sections 9282 and 9283, arguments submitted for or against the measure shall not exceed 300 words in length, and shall be printed upon the same sheet of paper and mailed to each voter with the sample ballot for the election and may be signed by not more than five (5) persons. (b) In accordance with Elections Code section 9282, the following headings, as appropriate, shall precede the arguments' wording, but shall not be counted in the 300 word maximum: "Argument Against Measure " or "Argument For Measure " (the blank spaces being filled only with the letter or number, if any, designating the measure).
(c) In accordance with Elections Code section 9283, printed arguments submitted to voters in accordance with section 9282 of the Elections Code shall be filed with the City Clerk, accompanied by the printed name(s) and signature(s) of the author(s) submitting it or, if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers. Arguments are due in the office of the City Clerk prior to 5:00 p.m. on July 26, 2022. (d) The City Council hereby authorizes _______ and ________ to prepare and file a ballot argument in favor of the ballot measure set forth in this Resolution, which may be signed by members of the City Council, representatives of bona fide associations of citizens, and individual voters eligible to vote on the measure. Members of the City Council who sign the ballot argument may use their titles.

SECTION 9. (a) Pursuant to Elections Code section 9285, when the City Clerk has selected the arguments for and against the measure, that will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut.
(b) Rebuttal arguments shall not exceed 250 words and may be signed by more than five persons. However, only the first five persons to sign will be printed with the ballot measure. The persons that sign the rebuttal arguments may be different persons than the persons that signed the direct arguments.
(c) The last day for submittal of rebuttal arguments for or against the measure shall be by 5:00 p.m. on August 5, 2022.
(d) The City Council hereby authorizes _______ and ________ to prepare and file a rebuttal argument in favor of the ballot measure set forth in this Resolution, City Council/RSA Agenda 910 Tuesday, July 12, 2022

which may be signed by members of the City Council, representatives of bona fide associations of citizens, and individual voters eligible to vote on the measure. Members of the City Council who sign the rebuttal argument may use their titles. In accordance with Elections Code section 9287, any council members authorized by the City Council to do so may sign the rebuttal argument for the measure.

SECTION 10. In accordance with Elections Code section 9280, the City Attorney is directed to file with the City Clerk an impartial analysis of the measure, not to exceed 500 words, showing the effect of the measure on the existing law and the operation of the measure.

SECTION 11. (a) The City Clerk is directed to file a certified copy of this resolution with the Board of Supervisors of Alameda County and the Alameda County Elections Department. The City Clerk is hereby authorized and directed to take all steps necessary to place the measure on the ballot and to cause a synopsis of the measure attached as Exhibit A to be published once in a newspaper of general circulation in accordance with California Elections Code section 12111 and California Government Code section 6061.

A copy of the measure shall be made available to any voter upon request. The City Clerk is authorized and directed to give further additional notice of the measure in the time, form, and manner required by law.
(b) In all particulars not recited in this Resolution, and except as provided for in Elections Code sections 10403 and 10418, the election shall be held and conducted as provided by law for holding municipal elections.

City Council/RSA Agenda 911 Tuesday, July 12, 2022
ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF UNION CITY AMENDING AND RESTATING CHAPTER 3.22 OF THE UNION CITY MUNICIPAL CODE TO EXTEND THE

EXISTING, VOTER-APPROVED MEASURE AA TRANSACTIONS AND USE (SALES)

TAX ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE

ADMINISTRATION
WHEREAS, for the past 12 years, Union City has relied upon approximately $6 million annually in locally-controlled funding from a half-cent sales tax measure first approved by 60% of local voters in 2010 and renewed by 73% of local voters in 2014; and WHEREAS, funds from Union City’s locally controlled sales tax maintain city services such as firefighters, paramedics, 9-1-1 emergency response, police patrols, pothole and street repairs, and services for children, families and seniors; and WHEREAS, public reports from the independent citizens’ oversight committee that reviews the use of funds from Union City’s local sales tax have consistently confirmed that funds have been collected and spent properly; and
WHEREAS, unless renewed by local voters, Union City’s locally controlled sales tax funding is set to expire and the City will lose approximately $6 million in annual funding, requiring budget cuts that could include 911 emergency response, community and neighborhood policing, and reductions in street repair and maintenance; and WHEREAS, to prevent cuts to local programs and services, the City Council desires to place a measure on the November 8, 2022 ballot to renew local sales tax funding for nine years without increasing the tax rate; and
WHEREAS, essential purchases like groceries and prescription medicine are exempt from the cost of the sales tax to ensure the cost is not a burden to those on fixed or limited incomes; and
WHEREAS, shoppers and visitors from other communities must pay the cost of the sales tax to support Union City services, including shoppers from throughout the region who visit Union Landing; and
WHEREAS, the measure to renew locally controlled funding would continue strict fiscal accountability protections, including an independent citizens' oversight committee, mandatory annual audits and public disclosure of all spending; and WHEREAS, all funds from a renewed local sales tax must remain under local funds for local needs in Union City and no funds can be taken away by the State; and WHEREAS, at an election held on November 2, 2010, a majority of the voters of the City of Union City approved a local funding measure that provided revenue that could not be taken by the State commonly known as “Measure AA”; and
City Council/RSA Agenda 912 Tuesday, July 12, 2022
WHEREAS, at an election held on November 2, 2014, a majority of voters of the City of Union City approved renewal of Measure AA; and
WHEREAS, Measure AA has been critical in maintaining essential City services, such as 9-1-1 emergency response, police patrols, fire protection, youth, senior, after-school, and family recreational services, as well as programs for residents with special needs, among others; and
WHEREAS, Measure AA is set to expire unless extended by a majority of the voters of the City; and
WHEREAS, the City of Union City has carefully evaluated how to deal with this potential loss of funds, while continuing to provide the quality of life services that community residents rely upon; and
WHEREAS, without Measure AA, the City of Union City will not be able to maintain all existing programs, will not be able to adequately maintain infrastructure or facilities, and will not be able to maintain the service levels currently in place; and WHEREAS, a continuation of Measure AA with no increase in tax rate, will ensure that all money raised will be controlled locally for local services, and cannot be taken away by the State; and
WHEREAS, Measure AA is codified in Chapter 3.22 of the Union City Municipal Code.

Under section 3.22.150 “Termination Date,” Measure AA is set to expire on April 1, 2025, unless extended by the voters, which would deprive the City of a crucial source of funding to prevent severe cuts to essential services such as police, fire, paramedic, streets, parks and other services; and
WHEREAS, the proposed measure would extend the existing Measure AA tax for an additional 9 years, until March 31, 2034, on the sale of tangible personal property and the storage, use, or other consumption of such property. The tax rate would continue to be one-half of one percent (0.5%) (a one-half cent for each dollar) of the sales price of the property. The proposed measure would also provide that the tax revenue would be collected by the California Department of Tax and Fee Administration and remitted to the City. The tax would be in effect for an additional 9 years, and would then expire automatically, unless extended by the voters.

The tax shall be approved if the measure receives at least a simple majority of affirmative votes.

THE PEOPLE OF THE CITY OF UNION CITY DO ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The above recitals are true and correct and made a part of this Ordinance.

SECTION 2. Amendment of Chapter 3.22 of the Municipal Code. Chapter 3.22 of the Union City Municipal Code is hereby amended and restated to read as follows:

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“3.22.010 - Title.

This ordinance shall be known as the Union City Transactions and Use Tax Ordinance.

The City of Union City hereinafter shall be called "City." This ordinance shall be applicable in the incorporated territory of the City.

3.22.020 - Operative Date.
"Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance, the date of such adoption being as set forth below.

3.22.030 - Purpose.

This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.

B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.

D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance.

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3.22.040 - Contract With State.

Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.

3.22.050 - Transactions Tax Rate.

For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of one-half of one percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance.

3.22.060 - Place of Sale.

For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.

3.22.070 - Use Tax Rate.

An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of one-half of one percent of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.

3.22.080 - Adoption of Provisions of State Law.

Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein.

3.22.090 - Limitations on Adoption of State Law and Collection of Use Taxes.

In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:

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A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:

1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Treasury, or the Constitution of the State of California;

2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance.

3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.

4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.

B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.

1. “A retailer engaged in business in the City” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder.

City Council/RSA Agenda 916 Tuesday, July 12, 2022

3.22.100 - Permit Not Required.

If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance.

3.22.110 - Exemptions and Exclusions.

A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.

B. There are exempted from the computation of the amount of transactions tax the gross receipts from:

1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.

2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

City Council/RSA Agenda 917 Tuesday, July 12, 2022

4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property:

1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.

2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.

3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, City Council/RSA Agenda 918 Tuesday, July 12, 2022
canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.

7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.

D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.

3.22.120 - Amendments.

All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance.

3.22.130 - Enjoining Collection Forbidden.

No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.

3.22.140 – Citizens Oversight Committee and Independent Audit.

There shall be a five-person committee of members of the public to review and report on the revenue and expenditure of funds from the tax adopted by this chapter. Prior to the operative date, the City Council shall adopt a resolution establishing the composition of the committee and defining the scope of its responsibilities. Also prior to the operative date, the City Council shall appoint at least a quorum of the members of the committee; the Council shall complete the appointment of members of the committee by the end of fiscal year 2011.

The City shall annually verify that the taxes owed under this chapter have been properly applied, collected, and remitted in accordance with this chapter, and properly expended according to applicable law. The annual verification shall be performed by a qualified, independent third party, and the review shall employ reasonable, cost-effective steps to assure compliance, including City Council/RSA Agenda 919 Tuesday, July 12, 2022
the use of sampling audits. The verification shall not be required of tax remitters where the cost of the verification may exceed the tax revenues to be received.

3.22.150 - Termination Date.

The authority to levy the tax imposed by this ordinance shall expire on March 31, 2034.” SECTION 3. Adjustment of Appropriations Limit. Pursuant to Article XIIIB of the Constitution of the State of California and applicable laws, the appropriations limit for the City is hereby increased by the aggregate sum authorized to be levied by this tax.

SECTION 4. Compliance with the California Environmental Quality Act. The approval of this ordinance is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA,” and 14 Cal. Code Reg. §§ 15000 et seq., “CEQA Guidelines”). This ordinance imposes a general tax that can be used for any legitimate governmental purpose; it is not a commitment to any particular action. As such, under CEQA Guidelines section 15378(b)(4), the ordinance is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. If revenue from the tax were used for a purpose that would have either such effect, the city would undertake the required CEQA review for that particular project. Therefore, pursuant to CEQA Guidelines section 15060, CEQA analysis is not required.

SECTION 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.

SECTION 6. Publication and effective date. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. If this ordinance is approved by a majority of the voters voting on the issue at the November 8, 2022 election, pursuant to Elections Code Section 9217, this ordinance shall become effective ten (10) days after the Council declares the results of the election, and the tax shall become operative on the “operative date,” as defined in this ordinance.

APPROVED by the following vote of the People of the City of Union City on November 8, 2022:

YESES:

NOES:

City Council/RSA Agenda 920 Tuesday, July 12, 2022
ADOPTED by Declaration of the November 8, 2022 election results by the City Council of the City of Union City at a regular meeting held on ___________________________, 2022, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS
APPROVED:
_____________________________
Carol Dutra-Vernaci, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ______________________________ Anna Brown, City Clerk Kristopher Kokotaylo, City Attorney 5129902.4
City Council/RSA Agenda 921 Tuesday, July 12, 2022
Item 7.A. Consider for Adoption a Resolution Calling for an Election to Be Held on November 8, 2022 for Voter
Consideration of a Nine Year Extension of the Existing
Half-Cent Sales Tax
City Council/RSA Agenda 922 Tuesday, July 12, 2022
Background
City Council/RSA Agenda 923 Tuesday, July 12, 2022
Existing Transactions
and Use (Sales) Tax
• Measure AA first approved by 60.12% in November 2010
(effective April 2011) with an expiration of April 2015. • Measure AA established half-cent sales tax.
• Measure JJ approved by 73.74% in November 2014
extending expiration by 10 years to April 2025.
• Generates approximately $6 million annually.

City Council/RSA Agenda 924 Tuesday, July 12, 2022
Prior Council Actions
• January 25, 2022: Council resolution authorized
appointment of Ad Hoc Subcommittee.
• February 22, 2022: Ad Hoc Subcommittee recommended
proceeding with community survey regarding a potential
extension of Measure AA.

City Council/RSA Agenda 925 Tuesday, July 12, 2022
Prior Council Actions
• April 26, 2022: The City Council received a report from Godbe Research and TBWBH Props and Measures
regarding community survey.
• May 10, 2022: The City Council received a further report from staff regarding the potential ballot measure to extend Measure AA. The City Council discussed the potential
ballot measure and indicated support for a potential
extension of Measure AA for an additional nine (9) years.

City Council/RSA Agenda 926 Tuesday, July 12, 2022
Proposed Resolution
City Council/RSA Agenda 927 Tuesday, July 12, 2022
Proposed Extension of
Existing Sales Tax
• Extends existing half-cent transactions and use (sales) tax by an additional 9 years.
• Remains in effect until March 31, 2034.
• Other revisions including revisions to reflect
administration by California Department of Tax and Fee
Administration.

City Council/RSA Agenda 928 Tuesday, July 12, 2022
Election Timeline
• July 12, 2022: Council adopts resolution.
• July 26, 2022: Direct arguments due.
• August 5, 2022: Rebuttal arguments due.
• November 8, 2022: General election.

City Council/RSA Agenda 929 Tuesday, July 12, 2022
Ballot Argument
• The City Council may designate up to two Council
Members to draft and submit the ballot argument in favor of the measure and the rebuttal to any argument against the measure.

City Council/RSA Agenda 930 Tuesday, July 12, 2022
Recommendation
Adopt a Resolution to submit a proposed measure
extending the existing half-cent sales tax by an additional nine years to the voters of Union City.

City Council/RSA Agenda 931 Tuesday, July 12, 2022