Agenda packet — Union City City Council, September 13, 2022 (part 2 of 2)

1. In the RS districts, on the street side of a corner lot, the side yard shall be not less than twenty (20) feet.

2. In the RM districts, on the street side of a corner lot, the side lot shall be not less than fifteen percent (15%) of the width of the site; provided, that a side yard of not more than twenty (20) feet shall be required and a side yard of not less than fifteen (15) feet shall be permitted.

3. One (1) foot shall be added at ground level to each interior side yard for each two (2) feet of height by which the structure exceeds twelve (12) feet.

3.4.Single-family residential uses within the H- combining district are subject to the setbacks for permitted uses provided in Section 18.32.100(A)

18.32.125 Design criteria.

The following design criteria shall be used to evaluate new construction and additions or modifications to existing structures within residential districts:

A. Single-family manufactured homes placed as a sole principal residence on a single-family lot and constructed after June 15, 1976, are subject to the following design criteria:

1. The manufactured home width shall not be less than twenty (20) feet and may be a double-wide, multi-sectional unit.

2. The exterior siding material shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is to be used, the exterior covering material need not extend below the top of the foundation.

3. The roof of the manufactured home shall have a pitch of not less than two and one-half (2-1/2) inches of vertical rise for each twelve (12) inches of horizontal run.

4. The roof shall have eave and gable overhangs of not less than twelve (12) inches measured from the vertical side of the manufactured home, or what is customarily found on existing residential structures in the vicinity. The overhang shall have the same slope and be covered with the same roofing material as the roof itself.

5. The exterior siding material and roof of the enclosed garage shall be the same as that of the manufactured home.

6. The finished floor of the manufactured home shall not exceed thirty (30) inches above the exterior finish grade of the lot.

7. The façade of the manufactured home shall be designed with sufficient detail to make it visually compatible with the existing residential structures in the vicinity. Such detail shall include door and window trim, window type and any special architectural features uniformly present on surrounding residences.

B. Single-family dwellings, including site-built, modular homes, and additions and modifications to existing structures, shall be compatible with the scale, bulk, style, and character of dwellings in the vicinity, and shall incorporate the following design criteria:

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The Director or appropriate decision-body may grant exceptions to the following design standards to accommodate a complete architectural design, to ensure Neighborhood compatibility, or where they find that adequate design features have been incorporated to create visual variety and avoid a bulky or monolithic appearance.

1. Building Facades and Materials:
a. No façade facing a public right-of-way shall run in a continuous plane of more than ten (10) feet and no façade facing an interior lot line shall run in a continuous plane of more than fifteen (15) feet without incorporating one or more of the following:
i. A vertical wall shift at least one (1) foot in depth; ii. A change in material type;
iii. Windows or building entrances;
iv. A projection such as a stoop, bay window, or overhang. b. A minimum of three (3) exterior colors or a combination of materials and colors shall be used on the building façade.
i. Stucco must be used in combination with a secondary material. c. Transitions for both materials and colors shall be located at internal corners. i. Wainscoting shall wrap onto the side elevations and shall continue until the fence line or till no longer visible from the right of way. This distance shall not be less than 5 feet.
d. Second-story facades shall incorporate the following:
i. A minimum of a six (6) foot inset from the front wall plane ii. A minimum of an eighteen (18) inch inset from the side and rear wall plane
e. Where chimney extensions are involved, the extension shall conform in design and materials with the existing chimney.

2. Windows and glazing.
a. All windows shall incorporate the following:
i. Trim at least three (3) inches in width must be provided around all windows, or
ii. Windows must be recessed at least two (2) inches from the plane of the surrounding exterior wall.
b. Upper story windows located less than ten (10) feet from and facing rear or side yard of an adjacent property shall be located to maximize privacy for adjacent properties by using at least one of the following techniques:

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i. The sill height located a minimum of sixty (60) inches above the finished floor.
ii. The location of the window is such that the centerline of the glazing is offset greater than fifteen (15) lateral feet from the centerline of any glazing on an existing adjacent primary structure.
iii. Any window located partially or entirely below sixty (60) inches from the finished floor consists of frosted or obscured glazing.

As used in this section, frosted or obscure glass is glass which is patterned or textured such that objects, shapes, and patterns beyond the glass are not easily distinguishable.

3. Roof form and detailing.
a. New structures shall provide a roof pitch no less than two and one-half (2-1/2) inches of vertical rise for each twelve (12) inches of horizontal run. i. Mansard roofs shall be prohibited
b. Alterations or additions to an existing structure shall provide the same roof form, material and color as the existing structure.
c. Roof material and color shall be the same throughout the entirety of the roof. d. Overhanging eaves shall extend a minimum of twelve (12) inches beyond the supporting wall.

4. Principal Entrance.
a. The principal entrance shall face the street frontage. b. The principal entrance shall be emphasized by utilizing at least one (1) of the following methods:
i. A projection (e.g., overhang) with a minimum depth of three (3) feet and a minimum horizontal area of thirty (30) square feet. ii. A recess with a minimum depth of three feet (3) and a minimum horizontal area of thirty (30) square feet.
iii. A landing, deck, porch, or stoop with a minimum six (6) foot by six (6) foot area.
c. The principal entrance shall be clearly identifiable and connected to the public street by a pedestrian path with a minimum width of three (3) feet.

A.C.Single-family dwellings, including site built and modular homes, when not part of a subdivision, shall be compatible with surrounding residential uses in terms of siding and roof materials, roof pitch, roof eaves, trim elements and architectural features. Relocated single-family dwellings and their accessory structures shall meet the above-noted design criteria and be subject to the requirements set forth in the ordinance pertaining to house moving permits.

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B. Single-story additions to existing detached single-family dwellings shall be visually consistent with the existing structure in terms of exterior building materials and roof coverings, and shall be painted to match the existing home. If a prefabricated structure is proposed for the addition, then visually similar exterior building materials shall be used wherever possible on the structure, painted to match the existing home.

C. Second-story additions to occupied single-family dwellings, including decks or balconies, shall be permitted, subject to the following design criteria:

1. The scale and bulk of the addition shall be in reasonable proportion to the existing building, consistent with the building’s original style, and compatible with the style and character of dwellings in the vicinity.

2. Design integrity with the existing building shall be maintained in terms of roof pitch, overhang, color scheme, and window and door frame trim and detailing.

3. Second-story additions shall be designed to be visually and aesthetically consistent with the original two-story homes in the neighborhood. Additions shall not be placed over the most forward portion of the dwelling, unless no other design alternative is available.

In such cases, insetting of at least six (6) feet, or some other appropriate design solution, may be required.

4. Second-story additions shall provide a high degree of variation and dimension along the wall surface of all second floor elevations to avoid large, unarticulated wall areas and reduce massing impacts to neighboring residences. Second floor wall treatments shall include shifts in the horizontal wall plane with a minimum depth of eighteen (18) inches or other architectural elements that provide relief or insets along the wall surface may be required.

5. Roof-mounted solar installations shall be compatible with the existing dwelling by:
a. Utilizing nonreflective surfaces;
b. Maintaining a low profile which in all cases shall be lower than the ridge line.

6. Where chimney extensions are involved, the extension shall conform in design and materials with the existing chimney.

7. Where flat wall extensions are involved, the entire wall surface, including the existing wall, shall be painted, textured or otherwise treated to avoid the add-on look.

Architectural features such as midsection trim bands, relief features, enhanced window treatments and roof trim shall be incorporated into the design.

8. Side wall windows facing the near side lot line shall not be placed so as to directly overlook an adjoining yard unless no other alternative is possible. In such cases, obscure glazing or other appropriate mitigation measure may be required.

9. Decks or balconies over four (4) feet above the average level of the adjoining ground shall be located no closer than fifteen (15) feet from any side property line. Where the end section of the deck or balcony directly overlooks an adjoining yard to the side, a solid end wall or obscure screen may be required.

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D. Semidetached Single-Family Dwellings and Multifamily Dwellings.

1. Common interior walls between dwellings where applicable shall be constructed as party walls and shall comply with the provisions of the Uniform Building Code as adopted by the City.

2. Exterior colors and textures shall not be changed from the original or its equivalent as provided with the original development. In the event of destruction of all or part of the housing unit by fire, earthquake or other cause, it shall be rebuilt in accordance with the approved conditional use permit with the same or equivalent colors and textures. Site development review or administrative site development review approval shall be required for any exterior additions, changes or reductions in yard space from that provided with the original development. No garages shall be converted to living space.

There shall be no reduction in livable space or storage space.

E. Additions to semidetached single-family dwellings shall be compatible with the existing and adjacent residences in terms of materials and design. The addition shall be located and designed so as to not disrupt the privacy of, or create noise impacts on, adjacent residents and yards.

Required setbacks and open space for developments located in other than RS 4500 zoning districts shall be established through the use permit process.

F. All residential development, including new construction and additions, shall be articulated on all elevations. A higher degree of articulation shall be provided on the front elevation defined as the elevation that faces the front property lot line and includes the main entry point to the residence.

G. Accessory structures over 120eighty (80) square feet in area shall be compatible withhave an exterior appearance and character that reflects the existing primary residence in terms of materials and design. The color scheme shall match or be complementary to the existing residence. existing and adjacent residences in terms of siding and roof materials, roof pitch, roof eaves, trim elements and architectural features. The structure shall be located and designed so as to not disrupt the privacy of, or create noise impacts on adjacent residents and yards.

H. All wood burning appliances installed in new residential units or wood burning appliances being added to or replacing wood burning appliances in existing residential units shall comply with the following regulations. Gas fireplaces shall be exempt from these regulations; however, the conversion of a gas fireplace to burn wood shall constitute the installation of a wood burning appliance and shall be subject to the following regulations. A wood burning appliance shall comply with these regulations if: (1) it is reconstructed; (2) additions, alterations or repairs are made to the appliance that require opening up immediately adjacent walls; or (3) the residential units in which the appliance is located are renovated, and the renovation includes opening up walls immediately adjacent to the appliance. It shall be unlawful to:

1. Use any wood burning appliance when the Bay Area Air Quality Management District issues a “Spare the Air Tonight” warning and when an alternate approved heat source is available;
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2. Install a wood burning appliance that is not one of the following: (a) a pellet-fueled wood heater; (b) an EPA certified wood heater; or (c) a fireplace certified by EPA should EPA develop a fireplace certification program;

3. Use any of the following prohibited fuels in a wood burning appliance: (a) garbage; (b) treated wood; (c) plastic products; (d) rubber products; (e) waste petroleum products; (f) paints; (g) paint solvents; (h) coal; (i) glossy or colored papers; (j) particle board; (k) saltwater driftwood.

Any person who plans to install a wood burning appliance must submit documentation to the Building Division of the City demonstrating that the appliance is in compliance with subsection (H)(2) of this section. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be punishable as provided by law I. All multifamily developments shall comply with the provisions listed in Chapter 7.04 regarding management of waste and recyclable materials.

J. Any person who plans to install a wood burning appliance must submit documentation to the Building Division of the City demonstrating that the appliance is in compliance with subsection (H)(2) of this section. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be punishable as provided by law.

18.32.160 Off-street parking.

Off-street parking spaces and bicycle parking facilities that are accessory to uses allowed in residential districts shall be provided in accordance with the regulations set forth hereinafter as well as those in general provisions in Chapter 18.04.

A. Required accessory off-street parking facilities provided for uses listed herein shall be solely for the parking of passenger automobiles of patrons, occupants or employees of such uses, provided that in the RM districts, not more than twenty-five percent (25%) of the accessory parking spaces required for a dwelling, lodging, house, motel or hotel may be rented out on a monthly basis to occupants of other dwellings, lodging rooming houses, motel or hotels.

B. Off-street parking facilities are to be provided in the following ratio:

1. In the RS district, a minimum of two (2) covered and enclosed parking spaces per unit, both of which must be covered and enclosed.
a. A third covered and enclosed parking space shall be provided either when the habitable areas of the primary residence (excluding accessory dwelling units) exceeds three thousand (3,000) square feet, or when there are five (5) or more rooms that can be used for sleeping purposes. In neighborhoods where two (2) car garages are predominant, the additional parking space shall be provided as a tandem space to ensure neighborhood consistency.

2. In the RM district, parking shall be provided as follows:
a. One and one-half (1.5) spaces per one (1) bedroom or studio unit, one (1) of which must be covered, plus one-quarter (0.25) spaces per unit for guest parking;
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b. Two (2) spaces per unit with two (2) or more bedrooms, one (1) of which must be covered, plus one-quarter (0.25) spaces per unit for guest parking.

3. Senior Housing. One-half (0.5) of a covered parking space shall be provided for each bedroom, and one-quarter (0.25) of a parking space shall be provided for each unit for guest parking. The number of parking spaces required for senior housing may be decreased by the Planning Commission if it is found that a specific use will not create as great a need for off-street parking.

4. Affordable Housing. For housing developments with one hundred percent (100%) of the units affordable to lower-income households (except for one (1) manager’s unit), parking shall be provided at a ratio of one (1) parking space per studio or one (1) bedroom unit, one and one-half (1.5) parking spaces per two (2) bedroom unit, and two (2) parking spaces per three (3) or four (4) bedroom unit.

C. Size.

1. Uncovered A required off-street parking spaces shall be at least nine (9) feet in width and at leastby eighteen (18) feet in length, exclusive of access drives, or aisles, ramps, or columns. Such space shall have a vertical clearance of at least seven (7) feet.

2. Enclosed two-car garages within all RS districts shall have a minimum unobstructed interior dimension of twenty (20) feet in width by twenty (20) feet in length.

3. When permitted Eenclosed tandem garages shall have a minimum unobstructed interior dimension of ten (10) feet in width by forty (40) feet in length.

4. Enclosed one-car garages shall have a minimum unobstructed interior dimension if ten (10) feet in width by twenty (20) feet in length.

2.5.CEach covered and enclosed off-street parking spaces within the RM district shall have abe at least minimum dimension of ten (10) feet in width by twenty (20) feet in length.

D. Access. Each required off-street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and sufficient means of vehicular access to such parking space. All off-street parking facilities shall be designed with appropriate means of vehicular access to the street or alley in a manner which will least interfere with traffic movements. Driveways across public property shall be approved by the Director of Public Works.

E. Screening and Landscaping. All open automobile parking areas shall be effectively screened on each side adjoining or fronting on any premises by a wall, fence or densely planted compact hedge not less than five (5) feet nor more than six (6) feet in height. Such required screening shall conform to the front and side yard setback requirements of the district in which the parking is located.

F. All parking spaces required for dwelling units shall be located on the same zoning lot as the dwelling served. Parking spaces for all other uses shall be located on the same zoning lot as the use served except as otherwise provided in Chapter 18.04. Off-street parking shall be provided according to the following ratios:

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1. Church, School, College, and Other Institutional Auditoriums. One (1) parking space shall be provided for each five (5) seats based upon maximum seating capacity.

2. Hospitals. One (1) parking space shall be provided for each three (3) hospital beds, plus one (1) parking space for each two (2) employees, plus one (1) parking space for each doctor assigned to the staff.

3. Libraries, Art Galleries and Museums—Public. One (1) parking space shall be provided for each one thousand (1,000) square feet of gross floor area.

4. Recreation Buildings or Community Centers. One (1) parking space shall be provided for each two (2) employees, plus spaces adequate in number to serve the visiting public and as determined by the City Planning Commission.

5. Public Utility and Public Service Uses. One (1) parking space shall be provided for each two (2) employees on maximum shift, plus spaces adequate in number to serve the public as determined by the City Planning Commission. Where such uses are unmanned, no spaces need be provided.

6. Sanitariums, Convalescent Homes and Nursing Homes. One (1) parking space for each six (6) beds, plus one (1) parking space for each two (2) employees, plus one (1) parking space for each doctor assigned to the staff.

7. Schools—Nursery, Elementary, Junior and Senior High. One (1) parking space for each two (2) employees, plus one (1) parking space for each ten (10) students in the senior high school.

G. No commercial vehicle in excess of three (3) tons gross unladen vehicle weight (except pickup trucks) shall be parked or stored on any lot in a residential district where in residential use; provided, however, that this section shall not prohibit temporary parking of any such vehicle while making pickups, deliveries or providing services for the residents on the lot on which the vehicle is parked.

H. Mobile Home/Recreational Vehicle Parking. Mobile homes, recreational vehicles, trailers or boats which are on trailers may be parked in rear yards, or within driveways, on concrete aprons adjacent to driveways, or on other compact material for vehicle parking adjacent to driveways constructed pursuant to approval by the Economic and Community Development Department.

Parking aprons shall comply with subsection I of this section. All such vehicles must be fully contained on private property, and shall not overhang into any portion of the public right-ofway, including the sidewalk. In addition, such vehicles may be parked within side yards which provide access to off-street parking, and are a minimum of twelve (12) feet wide with at least ten (10) feet of paved width. A minimum three (3) foot setback shall be retained along the interior side yard property lot line from all vehicles.

I. In compliance with Chapter 10.36, Stopping, Standing and Parking, it is unlawful for any person, firm or group to park any vehicle, trailer, boat trailer or boat, or parts thereof within the side yard, front yard or corner vision triangle, as established by this title. This section does not apply to driveways or concrete parking aprons constructed pursuant to approval by the Economic and Community Development Department, or to driveways or concrete (or other appropriate City Council/RSA Agenda 135 Tuesday, September 13, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
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material) parking aprons constructed prior to the adoption of the ordinance codified herein; provided, however, that such parking shall be limited to currently registered operable vehicles and shall be located on a stabilized permanent surface installed in accordance with this section.

Except for cul-de-sac or fan-shaped lots with reduced front yards, such vehicle parking areas shall not cover more than sixty percent (60%) of any required front yard or an area greater than six hundred (600) square feet, whichever is less. Parking on permeable surfaces in any instance shall not be allowed. Parking pads independent of the driveway or driveway apron shall not be allowed in the front or street side yards.

J. In the RM 1500 and RM 2500 zoning districts, a minimum of one (1) bicycle parking facility shall be provided for every three (3) units. Bicycle parking facilities shall be designed and installed in conformance with the criteria outlined in Section 18.28.090. Bicycle parking may be substituted for automobile parking subject to the provisions outlined in Section 18.28.100 and approval by the decision maker.

Chapter 18.34 – Accessory Dwelling Units

18.34.030 General requirements.

A. On lots with an existing, or proposed as part of a, single-family dwelling, one (1) ADU shall be permitted subject to the following requirements:

1. Criteria. ADUs may be established through:
a. Conversion of existing floor space in a single-family residence; b. A single-story addition to an existing single-family residence; c. Conversion of an existing, permitted detached accessory structure; d. The construction of a new ADU as permitted in this section; e. Construction of a new primary residence with an ADU; or f. The conversion of an existing garage..
g. ADUs may be prohibited on lots with SB 9 Housing Developments, subject to the requirements of Chapter 18.31.

2. Location. ADUs shall meet the setback requirements for the primary residence in the zoning district in which it isthey are located, except as follows:
a. No additional setback shall be required for an existing, legally constructed detached accessory structure, that is converted to an ADU, or an ADU constructed in the same location and to the same dimensions as an existing structure.
b. A setback of at least four (4) feet from the interior side and rear lot lines shall be required for a new, attached or detached ADU.

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c. ADUs shall not occupy a required front yard if it is possible to build a comparable unit, that measures eight hundred (800) square feet or less, elsewhere on the lot.
d. Detached Attached ADUs shall maintain a minimum five (5) foot separation from other detached structures on the parcellot.
d.e.Detached ADUs shall maintain a minimum five (5) foot separation from other structures on the lot.
f. Additional setbacks may be required for attached or detached ADUs over eight hundred (800) square feet in area when the unit is located on a corner lot or a through/double frontage lot.
e.g. ADUs constructed as a second-story addition to an existing residential structure shall comply with all setbacks and design requirements established by the zoning district in which the ADU is located.

3. Size. ADUs shall be between one hundred fifty (150) and one thousand (1,000) square feet in floor area.
a. Attached ADUs shall not exceed the greater of eight hundred fifty (850) square feet if it they contains one (1) bedroom or less and one thousand (1,000) square feet if it they contains at least two (2) bedrooms.
b. Attached ADUs over eight hundred (800) square feet shall be subject to lot coverage, floor-area ratio, setbacks, and other applicable residential development standards for the primary residence.
c. Enclosed patios or other enclosed non-conditioned space (as defined by the California Building Code) directly accessible from or solely attached to an ADU shall be included in the square footage of the unit. Detached ADUs shall not exceed one thousand (1,000) square feet in floor area.
d. Detached ADUs over eight hundred (800) square feet shall be subject to lot coverage, floor-area ratio, and other applicable residential development standards for the primary residence.

4. Height. Detached and
a. attached Attached ADUs shall be subject to the height limitations established by the zoning district in which the ADU is located.
a.b.Detached ADUs shall be limited to one (1) story with a maximum height of sixteen (16) feet.

5. Facilities. ADUs shall, at minimum, include a full bathroom including shower and/or bathtub, a sleeping area, permanent cooking facilities, and a separate, exterior entrance.

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6. Occupancy. ADUs may not be sold separately from the primary residence but may be rented separately. ADUs may not be used for short-term rentals (less than thirty (30) days).

7. Parking. No additional parking shall be required in thethrough creation of an ADU. When an existing garage, carport or covered parking structure is demolished in conjunction with the construction of an ADU or converted into an ADU, the parking spaces shall not be required to be replaced.

8. Lot Coverage. The total lot coverage for all buildings shall not exceed the allowable lot coverage for the zoning district except that such ratio shall not prohibit an eight hundred (800) square foot ADU meeting the maximum height and minimum setback requirements.

9. Utilities. Adequate water and sewer service shall be available to support the ADU; all new utility connections shall be undergrounded.

10. Addressing. Street addresses shall be assigned to all ADUs to assist in emergency response prior to building permit issuance. An address shall be placed at the front of the lot, visible from the public right-of-way, and at the main entrance to the ADU if not visible from the public right-of-way.

11. Subdivision. No subdivision of lands nor air rights shall be allowed.

12. Units on the Second Story. ADUs shall not be created through the construction of new habitable space above the first-floor roofline of the primary residence.

13.12. Design Standards. The exterior appearance and character of attached and detached ADUs shall reflect that of the existing primary residence unit in terms of materials and design, including roof materials,roof pitch, roof eaves and overhang, trim elements and detailing including window and door frames, and architectural features.

Color scheme shall match or be complimentary to the existing primary residence. a. Entrance. Exterior doors to detached ADUs shall be setback a minimum of ten (10) feet from adjacent property lines.
i. A three (3) foot covered entry above the primary entrance to the ADU shall be provided.
ii. The setback and covered entry requirement may be achieved by insetting the door into the ADU.
iii. An addition of up to one hundred fifty (150) square feet that encroaches into the required setback may be allowed to accommodate ingress/egress to the ADU (i.e., stairs) provided that the addition meets all Building and Fire safety requirements.
a. Building facades and materials:
i. No façade shall run in a continuous plane of more than fifteen (15) feet without incorporating one or more of the following:

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A. A vertical wall shift of at least one (1) foot in depth; B. a change in material type;
C. Window or building entrance; or
D. A projection such as a stoop, bay or overhang.

E. Exceptions. Exceptions may be granted by the Director where the Director finds that adequate design features have been incorporated to create visual variety and avoid a bulky or monolithic appearance.
ii. A minimum of three (3) exterior colors or a combination of materials and colors shall be used on the building façade.

A. Stucco must be used in combination with a secondary material. iii. Second story facades shall incorporate the following:

A. A minimum of a six (6) foot inset from the front wall plane.

B. A minimum of an eighteen (18) inch inset from the side and rear wall plane.

C. Exceptions. Exceptions may be granted by the Director to accommodate a complete architectural style or alternative detailing that complement the architectural character of the existing structure.
b. Windows and glazing.
i. All windows shall incorporate the following:

A. Trim at least three (3) inches in width must be provided around all windows, or window must be recessed at least two (2) inches from the plane of the surrounding exterior wall.

B. Exceptions may be granted by the Director to accommodate alternative window designs complementary to the architectural style of the structure.
ii. Upper story windows located less than ten (10) feet from and facing rear or side yard of an adjacent property shall be located to maximize privacy for adjacent properties by using at least one of the following techniques:

A. Attached ADUs with upper story windows located less than ten (10) feet from and facing the rear or side yard of an adjacent property shall be located to maximize privacy for adjacent properties by using at least one of the following techniques:

1. Sill height located a minimum of sixty (60) inches above the finished floor;
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2. Location of the window is such that the centerline of the glazing is offset greater than fifteen (15) lateral feet from the centerline of any glazing on an existing
adjacent structure; or

3. Any window located partially or entirely below sixty (60) inches from the finished floor consists of frosted or
obscured glazing.
c. Roof form and detailing.
i. New structures shall provide a roof pitch no less than two and one-half (2-1/2) inches of vertical rise for each twelve (12) inches of horizontal run.
ii. ADUs resulting from alterations or additions to an existing structure shall provide the same roof form, material, and color as the existing structure.
iii. New buildings shall provide a roofing material that is the same as the predominant roofing material throughout properties within 100 feet. iv. Roof material and color shall be the same throughout the entirety of the roof.
v. Overhanging eaves shall extend a minimum of twelve (12) inches beyond the supporting wall.
vi. Exceptions. Exceptions may be granted by the Director to the requirements listed above to accommodate a complete architectural style or alternative roof forms and detailing that complements the architectural character of the existing development.
d. Principal Entrance.
i. A three (3) foot covered entry above the primary entrance to the ADU shall be provided.
ii. The covered entry requirement may be achieved by insetting the door into the ADU.
e. Exterior Stairways. Exterior stairways providing access to an upper story are prohibited
f. Balconies. Usable balconies and upper-story decks are prohibited on ADU units. b.g.Historic Properties. For properties located within the Landmark and Historic Preservation Overlay Zone, or included in the California Register of Historical Resources, the National Register of Historic Places, or considered a historic resource after completion of a historic resource evaluation, any new addition for an attached ADU shall be located along the rear wall of an existing singlefamily dwelling, unless the ADU is fully enclosed within the existing building City Council/RSA Agenda 140 Tuesday, September 13, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
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walls. The attached ADUs shall adhere to the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings or the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (1995), Weeks and Grimmer.

14.13. Exemptions. A project may be exempted from one (1) or more of the established standards if it is determined that the specific standard(s) would make it infeasible for an eight hundred (800) square foot ADU to be constructed on a property consistent with California Government Code, Section 65852.2, subdivision (e).

15.14. Impact Fees. ADUs over seven hundred fifty (750) square feet are subject all applicable impact fees. Assessment of impact fees shall be proportional to the primary residence.

B. Either attached or detached ADUs shall be permitted within a multifamily development subject to the following criteria:

1. Attached Units. ADUs may be allowed within existing portions of a multifamily or mixeduse development that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, and/or garages, if each unit complies with state building standards for dwellings. a. Number of units. At least one (1) attached ADU may be provided per lot. b. Additional attached ADUs, may be permitted, up to a maximum of twenty-five percent (25%) of total number of all units within the multifamily or mixed-use development.
c. A fraction of one-half (0.5) or more is rounded up and a fraction that is less than one-half (0.5) is disregarded.

2. Detached Units. Up to two (2) detached ADUs with a maximum height limit of sixteen feet, a minimum rear and side setbacks of four (4) feet, and a maximum area of eight hundred (800) square feet shall be allowed in a multifamily development. a. The two (2) detached units can also be created through conversions of existing detached accessory structures.

C. On lots with an existing or proposed single-family dwelling, one (1) junior accessory dwelling unit (JADU) shall be permitted subject to the following regulations, subject to the limitations for lots with SB 9 Housing Developments established by Chapter 18.31:

1. JADUs shall be constructed entirely within the walls of an existing primary residence.

JADUs shall be created from existing habitable space and/or from existing garage space. a. Size. JADUs shall not exceed five hundred (500) square feet in floor area. b. Facilities. A private bathroom is not required for a JADU, provided that the unit has full access to a bathroom in the primary residence. If a bathroom is shared City Council/RSA Agenda 141 Tuesday, September 13, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
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with the remainder of the primary residence, it shall not be included in the square footage calculation.
i. An efficiency kitchen, including a cooking facility with appliances and a food preparation counter that is a reasonable size in relation to the size of the JADU shall be provided;
ii. A separate exterior entrance.
c. Parking. No additional parking is required, however, if a covered and enclosed parking space is demolished in the construction of the JADU, then the parking space shall be replaced at a ratio of one (1) to one (1). d. Occupancy. JADUs may not be sold separately from the single-family residence but may be rented separately. JADUs may not be used as a short-term rental (less than thirty (30) days). The primary residence must be owner-occupied, but the owner may reside in either the JADU or the primary residence. This owneroccupancy requirement does not apply to primary residences owned by a public agency, land trust, or non-profit housing organization. d.e.An addition of up to one hundred fifty (150) square feet that meets minimum four-foot side and rear setbacks may be allowed to accommodate ingress/egress to the JADU provided that the addition meets all Building and Fire safety requirements.

2. Restrictions. A deed restriction shall be recorded prior to the issuance of building permits to prohibit the subdivision or sale of the JADU separate from the primary residence and include the following provisions:
a. The deed restriction may shall be enforced against future purchasers; and b. Restricts the size and features of the JADU as built.

Chapter 18.50 – Civic Facilities (CF)

18.50.030 Conditional uses.

The following are conditional uses in the CF District:

A. Approval by the Zoning Administrator (Refer to chapter 18.54 for a detailed description of the administrative use permit process).

1. Seasonal sales lots for holiday trees and pumpkins subject to the provisions of the Policy Statement for the Regulation of Seasonal Sales Lots.

B. Approval by Planning Commission (refer to Chapter 18.56 for a detailed description of the use permit process).

1. Recycling centers:

2. Sewage treatment plants;

3. Transportation facilities such as heliports and bus terminals.

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The following are conditional uses in the CF district:

A.       Recycling centers;
B.       Sewage treatment plants;
C.       Transportation facilities such as heliports and bus terminals.

18.50.040 Other regulations.

A. Off-street parking and loading: As prescribed in the relevant sections of the Union City zoning title.

B. Signs: As prescribed in Chapter 18.30.

C. Landscaping and screening: As prescribed in the Union City Landscape Standards Policy Statement.

D. Accessory structures:

1. No accessory structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.

2. No detached accessory structure or structures shall occupy more than thirty percent (30%) of the area of a required rear yard.

3. No detached accessory structures located in a required rear yard shall exceed twelve (12) feet in height
E. Review procedures: As described in Chapters 18.5618.72 and 18.76.

F. The provisions of Chapter 18.102, Decoto Industrial Park Study Area (DIPSA), including design guidelines and findings, shall apply to all development within the DIPSA.

Chapter 18.54 ADMINISTRATIVE USE PERMIT

18.54.030 Applicability.

The administrative use permit procedure shall apply to the following types of projects:

A. In the single-family residential districts, large family day care homes which are an accessory use within a home which regularly provides care, protection, and supervision of nine (9) to fourteen (14) children, inclusive of children under the age of ten (10) years who reside at the home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away, and is licensed for such use by the State Department of Community Care Licensing.

B. For commercial districts see Section 18.36.030.Uses as specified in the zoning district regulations
C. For industrial districts see Section 18.40.450.

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developed commercial or industrial site. Such events shall include the display of goods typically sold on the site of the event. This category is not intended to apply to activities conducted by nonprofit or charitable institutions in the City nor is it intended to permit the placement of individual vendor operations such as hot dog carts, produce trucks, and the like. Events included within this category shall comply with the provisions of the administrative use permit procedures and shall comply with the following regulatory conditions and parameters:

1. These events shall be conducted on private property located in commercial or industrial zones with the written approval of the property owner. Verification of the property owner’s approval shall be submitted along with the application for administrative use permit.

2. These events shall be conducted on the site of developed commercial or industrial projects and shall not be permitted on vacant parcels.

3. Events permitted within this definition shall have maximum duration of five consecutive days.

4. At least five (5) calendar days prior to the event, the applicant shall submit a five hundred dollar ($500.00) deposit to the City to ensure adequate cleanup of the site following termination of the event.

5. The applicant shall submit a site plan as part of this application to the Economic and Community Development Department detailing the parking provision for the event, ingress and egress routes, and adequate emergency vehicle access as deemed appropriate by the City.

6. The design, placement and construction of any temporary structures to be erected on the site of the event shall be subject to the review and approval of the City. If necessary, detailed structural and electrical drawings shall be submitted to the Building Department for review and approval prior to the erection of any structures on the site.

7. The applicant shall submit a detailed statement of use at the time of application filing to the Economic and Community Development Department which includes a description of the event and the types of activities to be held or goods to be sold on the site, the hours and days of the event, the number and the types of vendors participating, and any additional information deemed necessary by the Director.

8. Any signs or outdoor advertising structures erected to promote an event shall be in accordance with the regulations specified in Chapter 18.30 of this title.

9. Additional conditions regulating the conduct of the event may be placed on an application approved by the Zoning Administrator if deemed necessary to ensure the orderly and safe conduct of the event and to mitigate potential nuisances emanating from the event.

18.54.140 Administrative use permit to run with land.

An administrative use permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject City Council/RSA Agenda 144 Tuesday, September 13, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
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of the administrative use permit application, as long as the approved activity is continued. However, should the activity approved by the administrative use permit be discontinued for a consecutive period of six (6) months, the administrative use permit shall be deemed to be expired and shall become null and void, with the exception of Seasonal Sales Lots. Upon expiration, further continuation of the activity on-site will require approval of a new administrative use permit application.

Chapter 18.72 – Administrative Site Development Review

18.72.030 Applicability.

The administrative site development review procedure shall apply to the following types of projects in the specified districts:

A. RS Districts, R 5000, 511 District. One- and two-story single-family dwellings, second-story additions, modifications to one- and two-story single family dwellings that result in the removal of fifty percent (50%) or more of the perimeter walls of the existing dwelling, any exterior additions or alterations to a semi-detached single-family dwelling, manufactured housing units, accessory structures over four hundred fifty (450) square feet in area, decks and balconies over eighteen thirty (3018) inches above ground, accessory structures which propose water or sewer utility connections, changes to the street-facing façade(s) of a building that is eligible to be included in the City’s Landmark and Historic Preservation Overlay Zone, and minor changes to approved projects.

B. H-District. Notwithstanding Section 18.76.020, proposed uses in an H-District may be reviewed under this chapter upon a determination by the Director that the project is a minor project, such as one- and two-story single-family dwellings, second-story additions, any exterior additions or alterations to a semi-detached single-family dwelling, manufactured housing units, accessory structures over four hundred fifty (450) square feet in area one hundred twenty (120) square feet in area , decks and balconies over eighteen thirty (3018) inches above ground, accessory structures which propose water or sewer utility connections, satellite dish antennas, and minor changes to approved projects.

C. RM Districts. In all district classifications, minor projects which modify existing developments, including, but not limited to, such products as the addition of accessory structures and modification of landscaping and/or parking and circulation areas, roof or mechanical equipment visible from off-site, aboveground utility installations and minor changes to approved projects.

D. Landmark and Historic Preservation (LHP) Overlay Zone. Second story additions to historical residences, exterior remodel or redesign of a historic residence, and new accessory structures over four hundred fifty (450) square feet in area one hundred twenty (120) square feet in a historic district.

E. Commercial, and Industrial and other zoning districts not listed aboveDistricts. In all district classifications, minor projects which modify existing developments, including, but not limited to, such projects as the addition of accessory structures and modification of landscaping and/or parking and circulation areas, buildings in the CUL district with conceptual approval, roof or mechanical equipment visible from off-site, aboveground utility installations, small containers for collection of recycled products such as reverse vending machines, outdoor coin operated City Council/RSA Agenda 145 Tuesday, September 13, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
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vending machines through which a physical product is rendered, but not including periodical or newspaper dispensers; and minor changes to approved projects.

F. New construction as specified in the zoning district regulations.

18.72.040 Limitations.

A. If the Zoning Administrator determines that any of the following conditions exist, the application shall be referred to the Planning Commission for review at a public hearing and be subject to the findings listed in Section 18.72.070 and the appeal process listed in Section 18.52.088.

1. In the opinion of the Zoning Administrator, the proposed project is or will be a matter of public interest or controversy.

2. Major additions or modifications to buildings located in the CUL zoning that were subject to ASD review previously.

B. If the Zoning Administrator determines that any of the following conditions exist, the application shall be reviewed pursuant to the provisions of Chapter 18.76, Site Development Review, rather than this chapter:

A1. In the opinion of the Zoning Administrator the project will have cumulative impacts as defined in Section 18.72.020.

B2. The proposed project is not categorically exempt from the requirements of the California Environmental Quality Act (CEQA).

C3. In the opinion of the Zoning Administrator, the proposed project is or will be a matter of major public interest or controversy.

D4. In the opinion of the Zoning Administrator Tthe proposed project does not clearly fall within a designated category for which administrative site development review is allowed.

E5. In the opinion of the Zoning Administrator, the proposed use may cause the emission of dangerous or objectionable noise, odors, lights, dust, smoke or vibrations, or any other major impact which is a matter of public concern or controversy.

F6. The application is for construction of single-family dwellings, including manufactured housing, and more than one application is filed in a twenty-four (24) month period on parcels that are contiguous to each other and under the same ownership.

G. The applicant may, at his/her discretion, make application for site development review pursuant to the provisions of Chapter
C. The applicant may, at their discretion, make application for site development review pursuant to the provisions of Chapter 18.76

18.72.050 Application, fees and exhibits.

A. An application for an administrative site development review shall be made to the Zoning Administrator on a form prescribed by the Director which shall include the following data:

1. Name and address of the applicant;
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2. Statement that the applicant is the owner of the property or is the authorized agent of the owner;

3. Address or description of the property;

4. Statement indicating the precise manner of compliance with each of the applicable provisions of this title together with any other data pertinent to the findings prerequisite to the granting of an administrative site development review prescribed in this chapter.

B. The application shall be accompanied by the following items: The application shall be accompanied by the items identified by the Formal Application Checklist as prescribed by the Director.

1. A site plan prepared by a licensed civil engineer, land surveyor, architect, landscape architect or building designer; provided, however, that the boundary and topographic survey on the site plan shall be prepared by a licensed civil engineer or land surveyor whose seal shall appear on the site plan. The site plan shall show existing and proposed locations of streets, utilities and drainage facilities, property lines, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities and landscaped areas. The site plan shall be drawn to scale and shall indicate clearly and with full dimension the following information:
a. The registration number and signature of person or persons preparing the plan; b. Parcel dimension in distance and bearings;
c. All existing and proposed buildings and structures—location, size, height and proposed uses, including front, side and rear elevations of proposed buildings showing architectural detail and exterior materials, as well as floor plans; d. Existing and proposed elevation and contours of lots and buildings; e. Yards and open spaces between buildings;
f. Walls and fences–location, height and materials;
g. Off-Street Parking. Location, number of spaces, dimension of parking area, and internal circulation pattern, yard lighting and landscaping; h. Access. Pedestrian, vehicular, service, points of ingress and egress, internal circulation, design and improvements;
i. Street dedication and improvements, existing and proposed, if any; j. Proposed storm drainage plan with substantiating calculations; k. All existing trees which are twelve (12) inches or greater in circumference measured at thirty-six (36) inches above grade: type, size, location, dripline, condition and indication if tree is being saved or removed;
l. Complete landscape plan pursuant to the landscape standards policy statement; m. Site plans for other than residential uses shall contain the following additional information:

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i. Signs. Locations, size, height, type of materials and lighting, ii. Loading. Location, dimensions, number of spaces and internal circulation, iii. Lighting. Location and general nature.

2. Such other data, such as cross sections, soils reports, arborist report, and a statement of use as may be required under the circumstances of each application to permit the Zoning Administrator to make the required findings. An applicant may be relieved of any of the aforementioned application submittal requirements if deemed appropriate by the Zoning Administrator.

C. The application shall be accompanied by a fee in an amount established by resolution of the City Council. If an administrative site development review application is accompanied by items related to an administrative use permit application, only one (1) application fee shall be filed D. All applications for administrative site development review shall be filed with the Zoning Administrator for review and approval or disapproval prior to the issuance of building permits.

18.72.080 Zoning Administrator decision and appeals.

The Zoning Administrator may approve, conditionally approve, or disapprove applications for administrative site development review . disapprove, or refer an administrative site development review application to the Planning Commission. Decisions of the Zoning Administrator and appeals of such decisions shall be made in accordance with the provisions of Section 18.52.087. Decisions of the Planning Commission and appeals of such decisions shall be made in accordance with the provisions of Section 18.52.088

18.72.100 Administrative site development review approval extension.

A. An administrative site development review approval may be extended one time for an additional period of time not to exceed one (1) year. Such request for extension must be submitted in writing to the Zoning Administrator no later than ten (10) business days prior to the expiration date of the administrative site development review approval. The request for extension shall be accompanied by a fee in an amount established by resolution of the City Council. The Zoning Administrator may grant or deny an application for extension of an administrative site development review approval. The Zoning Administrator may grant an extension if he or she finds that there has been no substantial change in the facts and circumstances present when the original application was approved.

B. Upon expiration of the administrative site development review extension, the project shall be deemed to be expired and shall become null and void. Upon expiration, approval of a new administrative site development review application shall be required prior to commencing with the project.

Chapter 18.100 - 511 AREA DISTRICT

18.100.040 Permitted and conditional uses.

A. Residential Specific Plan Designations.

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Uses R3-6 R3-10 R5-10 R7-10
Single-family dwelling, detached P P P P
Single-family dwelling, detached reduced lot – P* P* P
Single-family, semiattached – P P P
Single-family, zero lot line P P P P
Two-family dwelling (attached units) – C* C* C
3-4 family dwellings (attached units) – C* C* C
Accessory structures consistent with Section 18.32.020(I) P P P P Agriculture consistent with Sections 18.32.020(F) and (KO) P P P P Home occupations consistent with Section 18.32.020(G) P P P P Swimming pools consistent with Section 18.32.020(H) P P P P Temporary subdivision sales office consistent with
Section 18.32.020(JN)

P P P P
Accessory dwelling unit consistent with Chapter 18.34 P P P P Small family child care home# P P P P
Large family child care home# P P P P
Community education C C C C
Community assembly C C C C
Religious assembly C C C C
Intermediate care facility P P P P
P = Permitted uses.

C = Conditional use, subject to a use permit per Chapter 18.56. – = Not permitted.
* Only for areas identified as appropriate for higher density on the Specific Plan. # = Subject to administrative site development review approval as stated in Chapter 18.72 of this title.

B. Open Space Specific Plan Designation.

1. Permitted uses: Natural wildlife sanctuaries and habitat, water supply lands, flood control management, excluding silt disposal, and plant nurseries and crop production. Permitted uses shall not adversely affect wetlands/habitat areas.

2. Conditional uses: Park and recreational activities, outdoor nature laboratories, interpretive centers, low intensity educational, charitable, research, and philanthropic uses, essential service facilities, and silt disposal. Conditional use shall not adversely affect wetland/habitat areas.

C. Park Specific Plan Designation.

1. Permitted uses: Active outdoor recreational uses, essential service facilities, and passive park and recreational activities.

2. Conditional uses: Outdoor nature laboratories, natural wildlife sanctuaries and interpretive center.

City Council/RSA Agenda 149 Tuesday, September 13, 2022 Attachment 2
RESOLUTION NO. XXXX-22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AMENDING THE FISCAL YEAR 2022-2023 MASTER FEE SCHEDULE TO INCORPORATE FEES FOR THE MINISTERIAL REVIEW OF SB 9 HOUSING DEVELOPMENTS AND URBAN LOT SPLITS
WHEREAS, the City Council of the City of Union City is authorized to establish and amend fees pertaining to services provided by the City to the public; and WHEREAS, a duly noticed Public Hearing has been conducted on September 13, 2022, to consider reasons for and against the imposition of the new municipal fees rates related to the ministerial review of SB 9 housing developments and urban lot splits; and WHEREAS, the City Council desires to add fees for these new services, by resolution, as authorized pursuant to the Union City Municipal Code; and WHEREAS, the fees approved by this resolution will stand until such time as amendments may be brought before the City Council for consideration.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby add fees for services as set forth in the Proposed Fee Schedule (Exhibit A), attached hereto and incorporated by reference herein.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 13th day of September 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
[SIGNATURES ON FOLLOWING PAGE]
City Council/RSA Agenda 150 Tuesday, September 13, 2022 APPROVED:

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ ___________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 151 Tuesday, September 13, 2022 Attachment 2: Exhibit A
City of Union City
Master Fee Schedule Update
Fiscal Year 2022-2023

TYPE OF FEE PROPOSED FEE JUSTIFICATIONS
Economic and Community Development
Planning
SB 9 Development Projects
SB 9 Housing Development
Ministerial Review (Per unit)
$3,946 New: Added to be cost
recovery for SB 9 projects that
are reviewed ministerially by
staff. Will increase by CPI each
fiscal year
SB 9 Urban Lot Split Ministerial
Review
$3,946 New: Added to be cost
recovery for SB 9 projects that
are reviewed ministerially by
staff. Will increase by CPI each
fiscal year
Public Works
Subdivision Fees
SB 9 Urban Lot Split Ministerial
Review
$6,807 New: Added to be cost
recovery for SB 9 projects that
are reviewed ministerially by
staff. Will increase by CPI each
fiscal year
City Council/RSA Agenda 152 Tuesday, September 13, 2022 Attachment 3
RESOLUTION NO. XXXX-22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AMENDING

THE POLICY STATEMENT FOR THE REGULATION OF SEASONAL SALES LOTS WHEREAS, an update is proposed to the Policy Statement for the Regulation of Seasonal Sales Lots (“Policy Statement”) to add Civic Facility (CF) as an additional zoning district where seasonal sales lots can be established and to correct a minor typo: and WHEREAS, the update to the Policy Statement is related to Zoning Text Amendment AT22-002, which adds seasonal sales lots as a conditionally permitted use to the CF Zoning District subject to Administrative Use Permit approval (City Council Ordinance XXX-22); and WHEREAS, the updated Policy Statement is included in Exhibit A, attached hereto and incorporated herein by reference; and
WHEREAS, a redlined version of the updated Policy Statement is included in Exhibit B, which is attached hereto and incorporated herein by reference.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby amend the Policy Statement for the Regulation of Seasonal Sales Lots as set forth in Exhibit A, attached hereto and incorporated by reference herein.

City Council/RSA Agenda 153 Tuesday, September 13, 2022 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 13th day of September 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

EXHIBIT A
Policy Statement for the
Regulation of Seasonal Sales Lots
These regulations apply to the establishment and operation of seasonal sales lots. Seasonal sales lots consist solely of holiday tree lots and pumpkin patches and do not include entertainment uses such as carnival rides and booths, haunted houses, corn mazes, etc.

1. Seasonal sales lots are a permitted use within the CPA, CN, CC and CS Zoning Districts.

2. Seasonal sales lots are a conditionally permitted use in the Agriculture (A), Civic Facilities (CF), and Private Institutional (PI), Zoning Districts and require approval of an Administrative Use Permit prior to establishment of the use. Preliminary application packet for Administrative Use Permit approval shall be submitted a minimum of 60 days prior to anticipated start date.

3. Accessory seasonal sales lots may be established by retailers with exterior garden centers if consistent with their Use Permit approval.

4. Seasonal sales lots shall be in operation for a maximum of 45 days (including set-up and removal of sales lot). Site shall be adequately cleaned up and all evidence of the sales lot removed within the 45-day period.

5. For establishment of seasonal sales lots within A, CF, and PI Zoning Districts, consideration will be given to the compatibility of the use with surrounding industrial and residential uses.

6. Sales shall be limited between the hours of 9 a.m. and 10 p.m.

7. A Union City business license shall be obtained prior to establishment of the use.

8. Adequate parking shall be provided.

9. Temporary site access and parking areas shall be designed and constructed to ensure that there are no safety, traffic, or clean water impacts. Location of seasonal sales lot shall not impede circulation or emergency vehicle access.

10. Site shall be fenced and properly lighted. Lighting shall not negatively impact surrounding residential uses.

City Council/RSA Agenda 155 Tuesday, September 13, 2022

11. Temporary signage shall be allowed consistent with Municipal Code Section 18.30.060 (F) “Promotional Sales and Grand Opening Signs.” Signage will require issuance of a building permit.

12. Seasonal sales lots shall operate in conformance with the City’s adopted noise standards listed in Municipal Code Chapter 9.40 “Community Noise.”

13. Site shall have adequate trash and recycling receptacles and shall remain free of litter and debris.

14. There shall be no permanent buildings erected or moved onto the site. Temporary accessory structures that support the use shall be allowed on a limited basis.

15. Obtain all required Building and Fire Department permits prior to establishment of the use and / or the start of any work. If electrical installations are required, applicant shall obtain an electric permit from the Building Division.

16. Seasonal sales lot operators shall submit an insurance certificate with their business license application in an amount not less than One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage with the City designated as an additional insured.

City Council/RSA Agenda 156 Tuesday, September 13, 2022

EXHIBIT B
Policy Statement for the
Regulation of Seasonal Sales Lots
These regulations apply to the establishment and operation of seasonal sales lots. Seasonal sales lots consist solely of holiday tree lots and pumpkin patches and do not include entertainment uses such as carnival rides and booths, haunted houses, corn mazes, etc.

1. Seasonal sales lots are a permitted use within the CPA, CN, CC and CS Zoning Districts.

2. Seasonal sales lots are a conditionally permitted use in the Agriculture (A), Civic Facilities (CF) and Private Institutional (PI) Zoning Districts and require approval of an Administrative Use Permit prior to establishment of the use. Preliminary application packet for Administrative Use Permit approval shall be submitted a minimum of 60 days prior to anticipated start date.

3. Accessory seasonal sales lots may be established by retailers with exterior garden centers if consistent with their Use Permit approval.

5. For establishment of seasonal sales lots within A, CF and PI Zoning Districts, consideration will be given to the compatibility of the use with surrounding industrial and residential uses.

6. Sales shall be limited between the hours of 9 a.m. and 10 p.m.

7. A Union City business license shall be obtained prior to establishment of the use.

8. Adequate parking shall be provided.

9. Temporary site access and parking areas shall be designed and constructed to ensure that there are no safety, traffic, or cleanwater clean water impacts. Location of seasonal sales lot shall not impede circulation or emergency vehicle access.

10. Site shall be fenced and properly lighted. Lighting shall not negatively impact surrounding residential uses.

City Council/RSA Agenda 157 Tuesday, September 13, 2022

11. Temporary signage shall be allowed consistent with Municipal Code Section 18.30.060 (F) “Promotional Sales and Grand Opening Signs.” Signage will require issuance of a building permit.

12. Seasonal sales lots shall operate in conformance with the City’s adopted noise standards listed in Municipal Code Chapter 9.40 “Community Noise.”

13. Site shall have adequate trash and recycling receptacles and shall remain free of litter and debris.

14. There shall be no permanent buildings erected or moved onto the site. Temporary accessory structures that support the use shall be allowed on a limited basis.

City Council/RSA Agenda 158 Tuesday, September 13, 2022

Agenda Item
DATE: AUGUST 18, 2022
TO: PLANNING COMMISSION
FROM: CARMELA CAMPBELL, ECONOMIC, AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: AMENDMENTS TO TITLE 18, ZONING, OF THE UNION CITY MUNICIPAL CODE TO UPDATE CHAPTERS 18.24, 18.31, 18.32,

18.34, AND 18.72 (AT-22-01)
APPLICANT: THE CITY OF UNION CITY
REQUEST: The City of Union City is proposing to amend Chapter 18.24 Bulk Regulations, Chapter 18.31 SB 9 Housing Developments, Chapter

18.32 Residential Zoning Districts, 18.34 Accessory Dwelling Units, and 18.72 Administrative Site Development Review of Title 18, Zoning, of the Union City Municipal Code
LOCATION: Citywide
ENVIRONMENTAL ASSESSMENT:

The project is categorically exempt per Section 15061(b)(3), the general exemption for projects with no potential for significant effect on the environment, of the California Environmental Quality Act (CEQA) Guidelines.

SUMMARY:

The City of Union City is proposing to amend Chapter 18.24 Bulk Regulations, Chapter

18.31 SB 9 Housing Developments, Chapter 18.32 Residential Zoning Districts, 18.34 Accessory Dwelling Units, and 18.72 Administrative Site Development Review of Title 18, Zoning, of the Union City Municipal Code. These amendments will add objective design standards for single-family residences and accessory dwelling units, update and streamline review processes for various types of development projects, clarify terms and City Council/RSA Agenda 159 Tuesday, September 13, 2022 Planning Commission Staff Report, August 18, 2022
AT-22-001 Zoning Text Amendment, Page 2
updates to reflect current practices, and add objective design standards for SB 9 housing developments. See Exhibit A (clean version) and B (red-lined version).

I. BACKGROUND
Chapter 18.31 – SB 9 Subdivisions and Development Projects To address the State’s ongoing housing crisis, Governor Newsom signed Senate Bill (SB) 9 (Chapter 162, Statutes of 2021) into law, which became effective on January 1, 2022. SB 9 requires cities to ministerially approve a lot split for properties that are zoned singlefamily residential and to approve up to two residential units on each lot ministerially.

This would essentially allow up to four units on what is now a single-family lot without any discretionary review process or review under the California Environmental Quality Act (CEQA). State law establishes a minimum lot size for the newly created lots of 1,200 square feet, which is well below the 4,500 – 6,000 square feet currently required in the City’s various single-family residential zoning districts. On November 23, 2021, the City adopted an urgency ordinance (Ordinance 892-21), which ensured there were minimum standards in place for when the bill became effective and added Chapter 18.31 to the Municipal Code. On December 14, 2021, the City adopted Ordinance 893-21, extending the urgency ordinance to provide staff additional time to develop more detailed requirements including objective design standards, which are included with the proposed amendments.

Chapter 18.32 - Residential Updates
As part of the larger ongoing effort to modify and streamline the City’s design guidelines and standards for residential units, staff is proposing to align the objective design standards for SB 9 developments, ADUs, and single-family residential developments.

The updates to the design criteria for single-family residential projects are intended to provide greater clarity for both staff and applicants in evaluating design features. Other design criteria included in the chapter, including those related to manufactured homes, are also proposed to be consolidated with the new objective standards. Additional updates are proposed to Chapter 18.32, Residential Districts, to provide further clarity on requirements for accessory structures, retaining walls, home occupations, fencing and parking. In addition, some minor updates to address formatting are proposed to this chapter. A minor update is also proposed to Chapter 18.24, Bulk Regulations, in conjunction with the updates to Chapter 18.32.

City Council/RSA Agenda 160 Tuesday, September 13, 2022 Planning Commission Staff Report, August 18, 2022
AT-22-001 Zoning Text Amendment, Page 3
Chapter 18.34 - Accessory Dwelling Units (ADUs)
Following the ADU updates reviewed by the Planning Commission and adopted by the City Council in 2021, staff received feedback from the California Department of Housing and Community Development (HCD). This feedback provided direction on additional modifications that are needed in order to be consistent with State law. These modifications are incorporated into the proposed amendments. Following up on the discussion above, the chapter was also updated to add objective design standards for consistency with Chapters 18.31 and 18.32.

II. DISCUSSION
A. Chapter 18.31 - SB 9 Subdivisions and Development Projects Senate Bill (SB) 9 (Chapter 162, Statutes of 2021) requires ministerial approval of a housing development with no more than two primary units in a single-family zone, the subdivision of a parcel in a single-family zone into two parcels, or both. SB 9 facilitates the creation of up to four housing units in the lot area typically used for one single-family home. SB 9 contains eligibility criteria, which has been included in the proposed Zoning text amendments which limits the applicability in certain instances. These criteria address sites with environmental site constraints (e.g., wetlands, wildfire risk, etc.), buildings that are considered a historic resource, and also restricts demolition of units, which accommodate renters and low-income households.

SB 9 projects can only be accommodated in single-family residential zones. Parcels located in multifamily residential, commercial, industrial agricultural, or mixed-use zones are not subject to SB 9 mandates even if they allow single-family residential uses as a permitted use. For Union City, the affected Zoning Districts are R-5000, RS-6000, RS6000-H, RS-6000D, RS (S), RS (s) 3000, RS 4500, and 511, which are mapped in Figure 1 below.

City Council/RSA Agenda 161 Tuesday, September 13, 2022 Planning Commission Staff Report, August 18, 2022
AT-22-001 Zoning Text Amendment, Page 4
Figure 1: Union City Single
-Family Zoning Districts
City Council/RSA Agenda 162 Tuesday, September 13, 2022 Planning Commission Staff Report, August 18, 2022
AT-22-001 Zoning Text Amendment, Page 5
The City may apply objective development standards (e.g., front setbacks, heights, etc.), objective subdivision standards (e.g., minimum lot depths, etc.), and objective design standards (e.g., roof pitch, eave projections, façade materials, etc.) as long as the standards would not physically preclude either of the following:

Up to Two Primary Units. The City must allow up to two primary units on the subject parcel or, in the case of a lot split, up to two primary units on each of the resulting parcels.

Units at least 800 square feet in size. The City must allow each primary unit to be at least 800 square feet in size.

The terms “objective development standards,” “objective subdivision standards,” and “objective design standards” mean standards that involve no personal or subjective judgment by city staff. Any objective standard that would physically preclude either or both of the two objectives noted above must be modified or waived by the local agency in order to facilitate the development of the project, with the following two exceptions:

Setbacks for Existing Structures. The local agency may not require a setback for an existing structure or for a structure constructed in the same location and to the same dimensions as an existing structure (i.e., a building reconstructed on the same footprint).

Four-Foot Side and Rear Setbacks. SB 9 establishes an across-the-board maximum four-foot side and rear setbacks. Additionally, the four-foot side and rear setback standards are not subject to being waived.

The proposed updates to Chapter 18.31 include objective development standards, objective subdivision standards, and objective design standards. A high-level summary of these sections are included below. For a more detailed review, see attached Exhibit A (clean) and Exhibit B (redlined version).

18.31.090 Objective Development Standards
- Allows at least 800 square feet per SB 9 unit
- Separate utility connections required.
- Must allow for separate conveyance; therefore, the units must be designed to allow for separate sale or establishment as condominium units. - Setbacks - Established by the zoning district.

City Council/RSA Agenda 163 Tuesday, September 13, 2022 Planning Commission Staff Report, August 18, 2022
AT-22-001 Zoning Text Amendment, Page 6
o Except must allow 4-foot interior side and rear setbacks. - Height - Established by the zoning district.
o Except for portions of units located within required yards, building heights are limited to 16 feet.
- Lot Coverage – Established by the zoning district
o Except must allow at least an 800 square foot unit.
- Building Separations – Minimum five (5) feet unless,
o Conflict with unit size or setbacks; and
o Building and Fire code requirements are met; and
o The building meets the required four (4) foot side or rear setbacks. - Parking – One (1) off-street, covered and enclosed parking space shall be provided per SB 9 unit, except if the parcel is located
o within one-half mile walking distance of either a high-quality transit corridor1or a major transit stop2 or
o within one block of a car share vehicle3.
- Planned Unit Developments (PUD) / Specific Plan Requirements- Standards set forth in a PUD4or Specific Plan shall apply.
1 Per Section 21155 of the California Public Resources Code., a “high-quality transit corridor” is defined as a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hour.
2 Per Section 21064.3 of the California Public Resources Code, a “major transit stop” is defined as (a) an existing rail or bus rapid transit station, (b) a ferry terminal served by either a bus or rail transit service, or (c) the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. 3 Staff is not aware of any car share vehicles within Union City. 4 For more information regarding PUDs, see Chapter 18.44, Planned Unit Development, of the Municipal Code, which can be accessed online at
(https://library.qcode.us/lib/union_city_ca/pub/municipal_code/item/title_18-chapter_18_44?view=all) City Council/RSA Agenda 164 Tuesday, September 13, 2022 Planning Commission Staff Report, August 18, 2022
AT-22-001 Zoning Text Amendment, Page 7
o Except if conflicts with SB 9 standards included in Chapter or precludes an SB 9 Housing Development
- Occupancy requirements
o For projects that do include an urban lot split, the property owner must live onsite for a minimum of 3 years, except in the case of a community land trust or nonprofit.
- Ability to Rent Unit – Units cannot be rented for less than 30 days (i.e., cannot be used as a short-term rental).

18.31.100 Objective Subdivision Standards
- SB Lot split – No more than two parcels
- Cannot exceed a 60/40 split (the second parcel cannot be smaller than 40 percent of the original parcel)
- Parcel Standards
o Minimum of 1,200 square feet, and
o Minimum 30 feet of frontage (except flag lots) and lot depth shall not exceed two times the lot width.
- Flag lots – Only allowed if a conventional lot does not allow a parcel of at least 1,200 square feet or a unit of at least 800 square feet. - Driveway Standards – 12 feet paved, except where greater width is required for Fire Department access.
- Public Utility Easements must be provided when needed.

18.31.110 Objective Design Standards
- Roof Form and Detailing
o Minimum Pitch
o Match existing structure (if attached)
o Match predominant roof material throughout the surrounding homes o Consistent material and color throughout roof
o Minimum twelve inch (12”) overhang eaves
o Garages shall match room form and materials of primary unit - Building Facades and Materials
City Council/RSA Agenda 165 Tuesday, September 13, 2022 Planning Commission Staff Report, August 18, 2022
AT-22-001 Zoning Text Amendment, Page 8
o Changes in wall plane
o Minimum 3 color façade (Can be color and/or material) o Second Story
▪ Inset from front wall plane
▪ Inset from side or rear wall plane
o Chimney extensions shall match existing
- Windows and Glazing
o Trim around windows, or
o Windows recessed from the wall plane
o Upper story windows shall;
▪ Have a sill height of at least 60 inches above the finished floor, or ▪ Be offset from the centerline of any windows on an adjacent property, or
▪ Provide obscure glazing on window.
- Principal entrances
o Front entrances shall be oriented towards the street
o Front entrances shall be emphasized by either providing a projection, recess, or deck/stoop
- Balconies and upper-story decks – Not allowed
- Exterior Stairways – Not allowed
- Walls, fences and hedges – Established by 18.32.040
- Mechanical and unity equipment- Must be concealed from view - Storage of waste containers - Must be concealed from view - Landscaping – Established by 18.112
- Garages
o Meet requirements in 18.32.020(I) and 18.32.160(C)
o Attached Garage -Setback 4 feet behind front wall plane o Garage door
▪ Stucco – door shall be recessed
▪ Wood clad/Siding or Masonry – door shall be surrounded by trim As part of these updates the City is able to chare appropriate fees for the processing and review of SB 9 applications. Staff recommend the following fees for these applications City Council/RSA Agenda 166 Tuesday, September 13, 2022 Planning Commission Staff Report, August 18, 2022
AT-22-001 Zoning Text Amendment, Page 9
Planning Division - SB 9 Ministerial Review $3,946 per unit and $3,946 for Urban Lot Splits
Public Works Department – SB 9 Urban Lot Split $6,807
The Planning Division fee is based on the fee for projects containing a new single-family residence. The division is expecting the work for SB 9 Projects to be equivalent to that for a new single-family residence.

The Public Works Department fee is based on the fee for Final Parcel Maps. The department is expecting the work for SB 9 Urban Lot splits to be equivalent to that for Final Parcel Maps.

B. Chapter 18.32 - Residential Districts / Chapter 18.24 – Bulk Regulations Staff is proposing updates to Chapter 18.32 to add objective design standards, clarify language, and address some other miscellaneous items. See below for a high-level summary of the proposed updates. A minor update is also proposed to Chapter 18.24 for consistency with updates to this chapter.

18.32.020 Permitted uses
- Manufactured home design criteria
o Section removed from Permitted Uses and added to Section 18.32.125:

Design Criteria
- Microenterprise Home Kitchen Operation (MEHKO)
o Allowed per state law, incorporated as an allowed home occupation - Accessory Structures
o Reformat accessory structure requirements for clarity

18.32.040 Walls Fences and Hedges
- Retaining walls – Added requirements for retaining walls

18.32.045 Decks and Balconies
- Clarify requirements for decks and balconies to address privacy concerns

18.32.125 Design Criteria
- Manufactured home design criteria
o Language moved from Section 18.32.020
City Council/RSA Agenda 167 Tuesday, September 13, 2022 Planning Commission Staff Report, August 18, 2022
AT-22-001 Zoning Text Amendment, Page 10
- Objective Design Standards
o Building facades and materials
▪ Changes in wall plane
▪ Minimum 3-color façade (Can be color and/or material) ▪ Second Story Facades
• Inset from front wall plane
• Inset from side or rear wall plane
▪ Chimney extensions shall match existing
o Windows and Glazing
▪ Trim around windows, or
▪ Windows recessed from the sounding wall plane
▪ Upper-story windows shall:
• Have a sill height of at least 60 inches above the finished floor, or
• Be offset from the centerline of any windows on an adjacent property, or
• Provide obscure glazing on window
o Roof form and detailing
▪ Minimum Pitch
▪ Match existing structure if attached
▪ Match predominant roof material throughout the surrounding homes
▪ Consistent material and color throughout roof
▪ Minimum twelve-inch (12”) overhang eaves
▪ Garages shall match room form and materials
o Principal entrance
▪ Front entrances shall be oriented towards the street
▪ Front entrances shall be emphasized by providing a projection, recess, or deck/stoop

18.32.160 Off-street parking
- Tandem spots – Added size requirements
City Council/RSA Agenda 168 Tuesday, September 13, 2022 Planning Commission Staff Report, August 18, 2022
AT-22-001 Zoning Text Amendment, Page 11
- Clarified required unobstructed dimensions for parking spaces

18.24.050 Permitted obstructions in all yards
- Removed “trellis and arbors” from list of items so they will be subject to setbacks included in Chapter 18.32 for accessory structures.

C. Chapter 18.34 - Accessory Dwelling Units
Staff is proposing updates to Chapter 18.34 to clarify wording, add objective design standards, and in response to feedback received from the State Housing and Community Development Department. See below for a high-level summary of the proposed updates. - Add reference to Chapter 18.31
o ADUs are in some cases limited on properties developed under SB 9 - Clarify what is included in the size of an ADU
o Enclosed patios or non-conditioned space (i.e., storage rooms) directly accessible or solely attached to the ADU shall be included in the ADU square footage.
- Second-Story ADUs
o Language added to reflect that the City must allow ADUs converted from existing space anywhere within a residential unit including area on the second story.
- Addressing
o Address to be visible from the front of the lot and address also required to be displayed at the primary entrance to the unit.
- Objective Design Standards
o Align standards with those applied to SB 9 Units
D. Chapter 18.72 - Administrative Site Development (ASD) Review Staff is proposing updates to Chapter 18.72 to update applicability and criteria (see below) and additional miscellaneous edits for consistency or to clarify procedures/submittal requirements included in Sections 18.72.050, 18.72.080, 18.72.100.

18.72.030 Applicability
- Updated for consistency with updates to Chapter 18.32 regarding decks and balconies
City Council/RSA Agenda 169 Tuesday, September 13, 2022 Planning Commission Staff Report, August 18, 2022
AT-22-001 Zoning Text Amendment, Page 12
- Increased minimum size of accessory structures subject to ASD review from 120 sq. ft. to 450 sq. ft. to streamline review process for small structures - Included reference to address where ASD review is required in other portions of the Code

18.72.040 Limitations
- Added language for projects which must be referred up to Planning Commission for review and approval, which reflect current practices E. Chapter 18.100 – 511 Area District
Staff is proposing minor updates to the references in this Chapter to ensure that they point to the updated permitted uses in Section 18.32.020 F. Public Outreach
A newspaper notice for the zoning text amendments was published in the Tri-City Voice as required by State Law.

G. Study Session and City Attorney Review
The Planning Commission reviewed and provided feedback on the proposed amendments during a Study Session at its July 21, 2022, regular Planning Commission meeting. The Commission provided feedback on the proposed amendments, which included minor corrections to the language and clarifications on proposed amendments, requirements, and compliance with State law. For a full discussion see Draft Study Session Minutes (Attachment 1).

Following the Study Session, staff received additional feedback from the City Attorney's office. This feedback included necessary edits to ensure that the proposed provisions, where applicable, included standards that were fully objective, and confirmed that the provisions were in compliance with State law.

III. REQUIRED FINDINGS
Section 18.64.060 requires that, when considering Zoning Text Amendments, the Planning Commission shall provide a recommendation to the City Council on the following:

1. Recommendation whether or not the application should be granted or denied, including the reasons for the recommendation;
City Council/RSA Agenda 170 Tuesday, September 13, 2022 Planning Commission Staff Report, August 18, 2022
AT-22-001 Zoning Text Amendment, Page 13

2. The relationship of the application or proposal to the general plan and any applicable specific plans; and

3. Whether the change is necessary or desirable to achieve the purposes of Title 18.

IV. ALTERNATIVES

1. Recommend approval of the proposed Zoning Text Amendments to the City Council as proposed;

2. Recommend approval of the proposed Zoning Text Amendments to the City Council with stated modifications;

3. Recommend denial of the proposed Zoning Text Amendments to the City Council, stating reasons for denial;

4. Continue the matter for further consideration.

V. RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of Zoning Text Amendment (AT-22-001) to the City Council based on the following specific findings:

1. That the Zoning Text Amendment is categorically exempt per Section 15061(b)(3), the general exemption for projects with no potential for significant effect on the environment, of the California Environmental Quality Act (CEQA) Guidelines; and

2. That the proposed Zoning Text Amendments are consistent with the following General Plan policies. There are no Specific Plans that apply to the site. • Policy CD-1.5 Clear Development Regulations, seeks to ensure the City promotes design excellence by having clear development regulations that reinforce quality design. The proposed amendments establish clear and concise development regulations that have been which have been implemented successful and have enhanced the design of residential projects throughout the city.
• Policy CD-1.14 Protect Neighborhood Character, seeks to protect characterdefining features of the neighborhoods. The proposed amendments help to reinforce the design requirements and ensure that developments are of a quality design and incorporate appropriate design features and massing.

City Council/RSA Agenda 171 Tuesday, September 13, 2022 Planning Commission Staff Report, August 18, 2022
AT-22-001 Zoning Text Amendment, Page 14

3. That the proposed Zoning Text Amendments are necessary and desirable to achieve the purposes of Title 18, which seek to protect the character and maintain the stability of residential areas and conserve the taxable value of land and buildings throughout the City. These amendments will add objective design standards for single-family residences and accessory dwelling units, update and streamline review processes for various types of development projects, clarify terms and updates to reflect current practices, and add objective design standards for SB 9 housing developments, to support the development of new housing units which are of a quality design.

It is further recommended that the Planning Commission adopt the attached Resolution confirming this action.

Prepared by
Brandon H DeLucas, Associate Planner
Attachments
Exhibit A: Draft Amendments (Clean)
Exhibit B: Draft Amendments (Red-Lined)
Attachment 1: Draft July 21, 2022 Study Session Minutes City Council/RSA Agenda 172 Tuesday, September 13, 2022 Desk Item
DATE:

TO:

FROM:

AUGUST 18, 2022

PLANNING COMMISSION

CARMELA CAMPBELL, ECONOMIC AND

COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: AMENDMENTS TO TITLE 18, ZONING, OF THE UNION CITY MUNICIPAL CODE TO UPDATE CHAPTERS 18.24, 18.31, 18.32, 18.34, AND 18.72 (AT-22-01)
Staff received questions/comments from a Planning Commissioner regarding the project. The following are the questions received and staff’s responses (in red italics) Commissioner Lew Comments

1. Exhibit B, page 2, 18.31.020D – should the definition for “primary dwelling unit” also include primary dwelling units that are proposed (included in the plan and not yet built) under an SB 9 project application? Please clarify.

For this definition, a primary dwelling unit would only include a unit that has already been constructed on the lot and not those that are planned and not yet built.

2. Exhibit B, page 2, 18.31.020F – rather than only referring readers to the California Government Code in the definition for “SB 9 Unit”, I recommend including the three types of units: Primary Unit, Accessory Dwelling Unit and Junior Accessory Dwelling Unit. This results in a user-friendly definition for readers.

An SB 9 unit is a unique, separate unit type and does not include other unit types.

3. Exhibit B, page 4, 18.31.060B – is the requirement for the property owner to occupy one of the housing units and not the applicant (if the applicant is not the owner)? Please clarify and correct, if necessary.

The language shall be modified to read:
“Applicant shall provide a signed affidavit on a form provided by the City stating the property owner intends to occupy one of the housing units on a resulting parcel as their principal residence for a minimum of three years from the date of the approval of the urban lot split, except this shall not apply to a community land trust or a qualified nonprofit corporation.” City Council/RSA Agenda 173 Tuesday, September 13, 2022

4. Exhibit B, page 7, 18.31.100C.4, last line – should “properly” be “property”? Please clarify.

Noted, the edit will be made.

5. Exhibit B, page 18, 18.32.040A.6, 2nd line – I recommend inserting “and” between “yard area” and “be compatible.”
Noted, the edit will be made.

6. Exhibit B, page 23, 18.32.125B.1.a.iv – this list of projections ends with the word “or.” Is there something missing at the end of this list? Please clarify.

The language shall be modified to read
“iv. A projection such as a stoop, bay window, or overhang.”

7. Exhibit B, page 40, 18.100.040A – the table contains a list of permitted and conditionally permitted uses in residential areas. The eighth item shows the agriculture use is proposed to be changed to remove the reference to “18.32.020(K) Agricultural uses including nurseries” and replace it with the reference to “18.32.020(O)” which requires screening and noise level limits for mechanical equipment. However, 18.32.020(O) for mechanical equipment does not appear to be an appropriate permitted or conditionally permitted agricultural use in a residentially zoned area. Please explain this change.

Section 18.32.020 is receiving updates that affect the lettering of the permitted uses. See Page 11-17 of Exhibit B. The updated references in Section 18.100.040 are consistent with the proposed amendments to Section 18.32.020.

8. Exhibit B, page 40, 18.100.040A – the 11th item in this table shows a proposed change for “temporary subdivision sales office.” The referenced Section 18.32.020J for “temporary subdivision sales office” is being removed and replaced with 18.32.020N “repairs to automobiles and other vehicles or equipment” which seems unrelated to subdivision sales offices. Please explain this change. By the way, I referred to the Municipal Code that is available on the City’s website.

City Council/RSA Agenda 174 Tuesday, September 13, 2022

CITY OF UNION CITY
DRAFT

MINUTES FOR THE REGULAR PLANNING COMMISSION MEETING
ON THURSDAY, AUGUST 18, 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: Vice Chairperson Lee Guio; Commissioner JoAnn Lew; Commissioner Seyi Mclelland; Commissioner Scott Sakakihara; Alternate Commissioner Ed Mack Agbuya
STAFF: Carmela Campbell (Economic & Community Development Director); Derek Farmer (Planning Manager); Alex Mog (Deputy City Attorney); Coleman Frick (Senior Planner); Brandon H DeLucas (Associate Planner) Denisse Anzoategui (Administrative Assistant)

2. APPROVAL OF MINUTES:

The regular Planning Commission minutes of July 7, 2022, and July 21, 2022, were approved with corrections.

3. ORAL COMMUNICATIONS: None.

4. WRITTEN COMMUNICATIONS: None.

5. PUBLIC HEARINGS:

A. CONTINUED HEARINGS: None.

B. NEW HEARINGS:

1. CITY OF UNION CITY, TEXT AMENDMENTS TO TITLE 18, ZONING, OF THE UNION CITY MUNICIPAL CODE TO UPDATE CHAPTERS 18.24, 18.31, 18.32, 18.34, AND 18.72 (AT-22-01); The City of Union City is proposing to amend Chapter 18.24 Bulk Regulations, Chapter 18.31 SB 9 Housing Developments, Chapter 18.32 Residential Zoning Districts,18.34 Accessory Dwelling Units, and 18.72 Administrative Site Development Review of Title 18, Zoning, of the Union City Municipal Code. The project is categorically exempt per Section 15061(b)(3), the general exemption for projects with no potential for significant effect on the environment, of the California Environmental Quality Act (CEQA) Guidelines.

Brandon H DeLucas, Associate Planner presented the staff report.

Attachment 6
City Council/RSA Agenda 175 Tuesday, September 13, 2022 2 PLANNING COMMISSION MINUTES AUGUST 18, 2022
Commissioner Agbuya noted that the City would be allowing manufactured homes as long as they were consistent with the guidelines. Commissioner Agbuya asked why the City was allowing manufactured homes.

Mr. DeLucas replied that there are certain requirements from the State where the City must allow manufactured homes. Mr. DeLucas noted that the design requirements were already there, staff was simply relocating them within the code from the permitted uses section to the design standards for clarity. Mr. DeLucas confirmed with Mr. Mog that they must allow manufactured homes somewhere.

Commissioner Lew noted that the last page of the staff report referred to an attached resolution and noted that it was not received. Commissioner Lew asked if it was available for the Commission to review.

Mr. DeLucas replied that it was a typo and the resolution was not provided as part of the packet.

Commissioner Lew referred to number two of the Desk Item where it refers to Exhibit B on page two, which has a list of definitions. Commissioner Lew stated that the first definition of an SB9 unit is not really a definition and just points to one or two Government Codes.

Alex Mog, Deputy City Attorney replied that a SB 9 unit is a type of unit that is built pursuant to State laws through this special process. Mr. Mog explained that it is different than someone just deciding to build a single-family home on their property. Mr. Mog added that it is just differentiating from someone building two units and would be subject to different requirements rather than just going through the SB 9 process.

Commissioner Lew asked why not include that in the definition rather than directing the reader to the Government Code. Commissioner Lew asked what the Government Code on the two sections actually says.

Mr. Mog replied that SB 9 adopted those two sections, and if you go into those two sections one of them deals with all the requirements for the urban lot split and the other one deals with all the requirements for building two units on one lot.

Commissioner Lew replied that she thought that the definition section is just to give a description of the items that are here. Commissioner Lew noted that the definitions are compact and easy to understand. Commissioner Lew suggested that it should describe an SB 9 project as either a primary dwelling unit, an accessory dwelling unit or junior accessory dwelling units and that would be a nice definition.

Mr. Mog replied that an SB 9 units cannot be an accessory dwelling unit nor a junior accessory dwelling unit and that is a special thing that is created through State Law through these two sections of the Government Code.

Commissioner Lew replied ok and added then why not use that as the definition of SB 9 units to make it easier and then you don’t have to send people to the internet typing in the Government Code section and hoping that they’re going to find it. Commissioner Lew added that there isn't even a website to make it easier for the person to look it up. Commissioner Lew stated that what she was asking for is to make it user friendly and concise. Commissioner Lew added that it is not a definition when you point somebody to the Government Code, and that it is not really a definition and is not really user friendly. Commissioner Lew added that it is hiding behind the City Council/RSA Agenda 176 Tuesday, September 13, 2022 3 PLANNING COMMISSION MINUTES AUGUST 18, 2022
regulations. Commissioner Lew also added that it is better to tell them that these are units that are built under or pursuant to Senate Bill 9.

Mr. Mog clarified that they could reference Senate Bill 9 but not the Government Code section.

Mr. Mog asked Commissioner Lew if she thought that would be user-friendly.

Commissioner Lew replied that it’s because that’s what SB 9 is and that SB 9 here means Senate Bill 9.

Mr. DeLucas noted that there is an SB 9 every year.

Commissioner Lew replied that they are not talking about all the other SB 9s and only talking about the one that is applicable to the definition there.

Mr. DeLucas replied that it is why they reference the Government Code section for SB 9, as the bill created these Government Code sections.

Commissioner Lew asked why staff did not provide the website. Commissioner Lew added that she cites regulations when she is writing something, and she at least provides the website.

Derek Farmer, Planning Manager stated that one of the things that staff is trying to do is make sure that they have the legal reference in the code. Mr. Farmer added that staff will in the future be creating and providing customer service-related handouts at the counter, and when the public inquires to staff about the SB 9 process and how they apply then they will have those kinds of materials available to the public. Mr. Farmer added that they don’t intend for the public at large to be talking about government codes. Mr. Farmer added that the intention would be to communicate with the public to get through the ordinance and be very user friendly.

Commissioner Lew asked if it was the intention to provide a definition for SB 9 under the definition section. Commissioner Lew asked who the regulations are written for.

Mr. Farmer replied that they are written to be consistent with what the State has created, and that staff wants to make sure that they are quoting State Law and government civil code as the Zoning ordinance is part of the Municipal Code. Mr. Farmer added that again, staff is just trying to make sure that they are providing the basis for what the code update is in the law.

Mr. DeLucas added that it is the standard process in the Municipal Code that all the Government Code sections that are referenced are hyperlinked. Mr. DeLucas added that he is looking through the current definition sections, and there is one that references the Penal Code.

Commissioner Lew replied that they’re lost someplace between the purpose of the regulations and who they’re written for. Commissioner Lew added that staff are public servants and it is their job to serve the public. Commissioner Lew added that she was a public servant too, and that her job was to serve the public, and the whole purpose of writing these regulations in plain English is to serve the public. Commissioner Lew asked if staff was saying that if someone goes to Title 18 on the City’s website, then they’re going to have the Government Code sections hyperlinked.

Mr. DeLucas replied yes that is correct. Mr. DeLucas noted an example in the Municipal Code for hospitals and there was a reference to the California Administrative Code.

City Council/RSA Agenda 177 Tuesday, September 13, 2022 4 PLANNING COMMISSION MINUTES AUGUST 18, 2022
Commissioner Lew replied that they were not talking about hospitals.

Mr. DeLucas replied that it was provided as an example.

Commissioner Lew stated that she would like to stick to what’s here and stated that it is fine if they will be hyperlinked. Commissioner Lew stated that she just wants it to be user friendly and for staff to remember that they are here to serve the public and not us, and not to wrap everything up and hide behind bureaucratic language. Commissioner Lew stated that when she worked for the federal government, they had to write things in English that was understandable to the public. Commissioner Lew stated that staff was always quoting the Government Code without really helping the reader to find the Government Code and that was not serving the public, but if it will be hyperlinked, she will look for it when it comes out. Commissioner Lew stated that she found another error but that she wouldn’t go spend her time looking for it.

Commissioner Mclelland noted that it was mentioned in the report that for the urban split, the property owner must be on site for a minimum of three years and asked how that will be enforced. Commissioner Mclelland asked how they would know if that person is there for that period.

Mr. Mog replied that it is quite frankly completely unenforceable, and that the requirement under State law stated that all the City can require is an affidavit that it is their intent to live there for three years, and it says that they can’t require anything else. Mr. Mog added that it’s impossible for the City to demonstrate or prove that someone falsely signed the affidavit even if someone moves after a year, that doesn’t mean that at the time they signed the affidavit, it wasn’t their intent to live there for three years.

Commissioner Mclelland replied that she couldn’t even see how that could be enforced and that she could see that being abused somewhat.

Mr. Mog replied that all the City could do is require that they sign the affidavit and hopefully abide by the spirit of it.

Commissioner Mclelland asked if there is a process if it’s proven that the person doesn't live there.

Mr. Mog replied no. Mr. Mog added that because the requirement isn’t that they live there, it’s that they sign the affidavit that they intend to live there for three years and you would have to prove that when they signed that they had no intent to live there and that would be difficult to prove. Mr. Mog added that that requirement is taken straight out of the law that says you cannot require anything except this.

Commissioner Sakakihara thanked staff as he read the staff report from the study session and the minutes and noted that in the second staff report he could see how much work has gone into this, especially the moving around for minor changes. Commissioner Sakakihara stated that if they’re making those changes, that means that they have gone through with a fine-tooth comb to find them, and he really appreciated that the intention is to be both compliant with State Law but also go above and beyond in a way that makes things uniform. Commissioner Sakakihara noted that he only had two questions, one of which was regarding flag lots that Mr. DeLucas answered during the presentation and mostly answered regarding urban lot splits.

Commissioner Sakakihara noted that his only other question was when he was reading the staff report, he didn’t understand the sentence “for projects that don’t include an urban lot split, the City Council/RSA Agenda 178 Tuesday, September 13, 2022 5 PLANNING COMMISSION MINUTES AUGUST 18, 2022
owner must live in one of the two units.” Commissioner Sakakihara noted that he does understand that but then he thought in the presentation that they are not saying that anymore.

Commissioner Sakakihara questioned in a situation where there is not a lot split and they’re trying to put two SB 9 units on one parcel, whether there is an owner occupancy requirement.

Mr. DeLucas replied that it is correct and that was a clarification from the City Attorney’s Office that the State does not allow the City to do that. Mr. DeLucas added that the only occupancy requirement that can be done is for the lot split situation that was discussed and that is why it was removed to ensure compliance with State law.

Vice Chairperson Guio noted that he had minor changes to the staff report but that were not significant.

Mr. DeLucas replied that he would be happy to hear them so that he could make sure to fix them.

Vice Chairperson Guio noted two minor errors in the staff report. Vice Chairperson Guio asked if there were any more questions.

Commissioner Agbuya clarified there would not be an owner occupancy requirement when there is not an urban lot split.

Mr. DeLucas replied no and asked if he could have the page.

Commissioner Agbuya replied that it was page seven of the staff report under Occupancy Requirements.

Mr. DeLucas stated that was correct and noted that it would be corrected and would be reflected in the proposed language.

Commissioner Lew moved that the Planning Commission recommend approval of Zoning Text Amendment (AT-22-001), as modified by the Desk Item to the City Council, and making the specific findings as listed in the staff report, in support of the recommendation of approval, and adopt a resolution confirming this action.

Commissioner Sakakihara seconded.

The motion was carried by the following roll call vote:

AYES: (GUIO, LEW, MCLELLAND, SAKAKIHARA, AGBUYA)
NOES: NONE
ABSTAIN: NONE
ABSENT: MANN
The motion passes 5-0.

Staff indicated that the public comment was not opened for the public hearing.

Vice Chairperson Guio opened the item for public comment.

City Council/RSA Agenda 179 Tuesday, September 13, 2022 6 PLANNING COMMISSION MINUTES AUGUST 18, 2022
Sean Reese, field representative from the NorCal Carpenters Union, Local 713, began speaking and staff indicated that his comments were regarding the following item. Mr. Reese was asked to hold his comments until the public comment for the following staff report.

No further details were discussed, and no additional vote was needed. Vice Chairperson Guio closed the item for public comment.

6. SUPPLEMENTAL STAFF REPORTS:

A. CONTINUED HEARINGS: None.

B. NEW REPORTS:

1. Introduction to the Multi-family Objective Development Standards Project.

Martha Miller, Miller Planning Associates, presented the staff report.

Commissioner Sakakihara noted that at the bottom of Attachment 1, it says that the densities are too low to support podium construction with the mixed-use wrap, and if the City is saying that although the zoning allows for two to three story apartments over ground floor commercial, that the densities won’t allow that to be economically feasible. Commissioner Sakakihara asked if they would need to change the zoning ordinance in order to get the development to happen.

Ms. Miller replied that it wasn’t intended to say it’s impossible but that it is a challenge looking at construction costs and characteristics and makes that kind of product work.

Commissioner Sakakihara asked if that type of discrepancy is uncovered in the process anywhere along that timeline is that something they would be able to go back and say that they need to relook at the zoning and modify the General Plan, so that the parcel is zoned in a way that it could be developed.

Coleman Frick, Senior Planner, replied that one of the things that the City is evaluating as part of the Housing Element process that was presented recently to the Planning Commission is housing constraints, and if there is something that seems like it is a feasibility barrier, then they will take that into consideration but it could require amending the General Plan to change the density. Mr. Frick added that per the Housing Accountability Act, the City wouldn’t be able to do anything that would change the zoning intensity to have less density than what is permitted currently. Mr. Frick also added that it was a great question and as noted by Ms. Miller, the objective standards project is in the early stages and staff is still in the information gathering phase of the project.

Commissioner Sakakihara stated that his only comment since it is pretty early in the process is that he knows of the motivation because he sees the State Law moving in a direction of more objective standards but if staff was looking for input, then his bias would be toward trying to fulfill those requirements as expansively as he can as opposed to as minimally as possible, meaning that there could be a way of designing these standards where the intent is to make it easier to get built to address the housing issues.

Commissioner Mclelland stated that she didn’t have a question but a comment, and that she was glad to see the formalization of standards. Commissioner Mclelland added that it is City Council/RSA Agenda 180 Tuesday, September 13, 2022 7 PLANNING COMMISSION MINUTES AUGUST 18, 2022
important that everyone understands what they need to do. Commissioner Mclelland added that while the build-out is needed, projects need to build-out right rather than putting buildings all over the place. Commissioner Mclelland added that one of the things she’s glad to see was in regard to the Historic Alvarado District and Mission Blvd. and that the feel of the area is maintained. Commissioner Mclelland added that there is something charming about it, and she is glad to see acknowledgement that it needs to be maintained and built within the look and feel, and that the buildings shouldn’t be a blight on the landscape and should add to the environment and enhance the area.

Commissioner Lew stated that she did not have any questions and it is early in the process.

Commissioner Lew complimented staff on Attachment 1 and stated that the graphics are excellent. Commissioner Lew stated that she loves the colors and that she could read the streets and see where she is. Commissioner Lew added that when she looks at the graphics and has arrows pointing in the right direction as to where the areas are, it almost reminds her of a child picking up color crayons and drawing. Commissioner Lew added that she would look forward to the next presentation especially because of Attachment 1.

Commissioner Agbuya stated that he did not have any questions but echoed Commissioner Lew that the presentation is wonderful and has him excited for what is to come. Commissioner Agbuya also noted the fact that the identity of the Alvarado Historic District would be maintained even with the modernization and addition of new buildings.

Vice Chairperson Guio noted that the funding was about two years ago, and the project was just getting going now. Vice Chairperson Guio asked if it was normal that there was such a delay or if there is something that happened in the meantime.

Mr. Farmer replied that the City did receive the funding under the SB 2 grant program. Mr.

Farmer added that it was a LEAP grant and that the City received the funding through Council resolution and through the State allocation. Mr. Farmer noted that it takes a while to get the contracts ready in addition to getting staff and the consultant up to date. Mr. Farmer added that the City is well within the grant milestones, and performance measures in the grant. Mr. Farmer assured the Commission that the City is in good shape for that.

Vice Chairperson Guio noted that the handout draft states Winter 2023 when it should be 2022 in the circles on page five.

Commissioner Lew noted that January 2023 is winter.

Mr. Farmer replied that it was intentionally written that way and staff stands by that because winter starts in 2022 and continues in 2023, coming into January, February, and March, and followed by spring. Mr. Farmer noted that they could have put 2022 and 2023.

Vice Chairperson Guio asked if other cities were doing the same process.

Mr. Farmer replied that every city in California must abide by the recent changes in State law, that they are going toward objective standards for single family, multi family housing, and mixed use, and this is a common effort across the state. Mr. Farmer added that it is a reason the State had the SB2 program, to basically provide funding for local municipalities to enact standards, objectives, and guidelines to meet all the new housing mandates. Mr. Farmer added that it is a very common effort.

City Council/RSA Agenda 181 Tuesday, September 13, 2022 8 PLANNING COMMISSION MINUTES AUGUST 18, 2022
Vice Chairperson Guio stated that it looks very good and thanked staff and the consultant.

Vice Chairperson Guio opened the Public Comment.

Sean Reese, field representative from the NorCal Carpenters Union, local 713 spoke to the Commission about providing labor standards for the project in the beautiful City of Union City.

Mr. Reese noted that the area’s standard labor language needs to be the template that developers use in Union City, and on this project, he expressed that without these standards, the construction force is systematically abused through wage theft, where workers have no workers compensation when injured on the job and a litany of safety violations. Healthcare and a livable wage are a vital necessity to the workers building these projects. Mr. Reese added that building these projects through apprenticeship programs ensures that the projects are built to the highest degree and local hire ensures not only tax revenue from money spent by the workers but ensures those workers can enjoy the basic things in life like spending evenings with their families, maybe attending their children’s little league games, or going to a dance recital instead of sitting in traffic for two hours. The language that should become the policy here in Union City, specifically on the multi-family Objective Development Standards Project, would support responsible contractors that are already doing the right thing by their clients, employees, and the City itself. Mr. Reese added that responsible contractors have proven time after time that they can perform to the highest standards and this policy would bolster Union City's working class and cultivate a responsible market for good contractors. Mr. Reese further added that this would create a minimum standard for developers that are coming here. Mr.

Reese stated that adding labor standards to the City's prequalification language to the multifamily Objective Development Standards Project would show constituents that you value, not just the City, but also the men and women building the City itself. Mr. Reese added that he would like to have a real and valuable conversation with the City as well as the developers on how it can cultivate a prosperous construction industry.

Vice Chairperson Guio closed the Public Comment.

7. ECONOMIC DEVELOPMENT REPORTS: None.

8. COMMISSION MATTERS:

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

Mr. Farmer reported that the Planning Commission did not have any items at the most recent City Council meeting.

B. Upcoming applications for the Regular Planning Commission meeting for September 1, 2022.

Mr. Farmer informed the Planning Commission that they will be seeing several items in the future including a new single-family residence on the upper part of Appian Way within the Hillside District requiring a Use Permit. Mr. Farmer noted that there is also an update to Title 18, to allow for seasonal sales in the Civic Facilities District that will be brought before the Commission. Mr. Farmer also noted that staff is working on the General Plan implementation report, that is an annual requirement by the State, City Council/RSA Agenda 182 Tuesday, September 13, 2022 9 PLANNING COMMISSION MINUTES AUGUST 18, 2022
and it is a large-scale effort.

9. GOOD OF THE ORDER:

Vice Chairperson Guio announced that the Sister Cities Festival was a success. Vice Chairperson Guio also noted that in September, the CERT Building would be hosting a Stop the Bleed training.

10. ADJOURNMENT: 8:17 PM
City Council/RSA Agenda 183 Tuesday, September 13, 2022 Attachment 7
DRAFT
PLANNING COMMISSION RESOLUTION NUMBER 9-22

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UNION CITY

RECOMMENDING APPROVAL TO THE CITY COUNCIL OF ZONING TEXT AMENDMENT, AT-22-001, AMENDMENTS TO TITLE 18, ZONING, OF THE UNION CITY MUNICIPAL CODE TO UPDATE CHAPTERS 18.24, 18.31, 18.32, 18.34, AND

18.72, 18.100
WHEREAS, the City of Union City is proposing to amend Chapter 18.24, Bulk Regulations, Chapter 18.31, SB 9 Subdivision and Housing Developments, Chapter

18.32, Residential Zoning Districts, Chapter 18.34, Accessory Dwelling Units, Chapter

18.72, Administrative Site Development Review, and Chapter 18.100, 511 Area District, of Title 18, Zoning, of the Union City Municipal Code. These amendments will add objective design standards for single-family residences, accessory dwelling units (ADUs) and SB 9 Housing Developments; update and streamline review processes for various types of development projects; and updates to Code language to reflect current practices, for internal consistency, and to clarify terminology; and WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and
WHEREAS, on August 18, 2022, the Planning Commission held a duly noticed public hearing to consider the proposed zoning text amendments, received the staff report and staff presentation, heard public comment, and discussed the matter, and WHEREAS, the amendments to Title 18 are shown in Exhibit A and Exhibit B (Redlined), which are attached and incorporated herein by reference.

NOW, THEREFORE, BE IT RESOLVED, that the foregoing recitals are true and correct and made a part of this Resolution.

BE IT FURTHER RESOLVED that the Planning Commission of the City of Union City hereby recommends that the City Council approve Zoning Text Amendment, AT-22- 001, as shown in Exhibit A and Exhibit B (Redlined) to the City Council and does hereby find as follows:

1. That the proposed Zoning Text Amendments are categorically exempt per Section 15061(b)(3), the general exemption for projects with no potential for significant effect on the environment, of the California Environmental Quality Act (CEQA) Guidelines; and
City Council/RSA Agenda 184 Tuesday, September 13, 2022 Planning Commission Resolution #9-22
AT-22-001 Zoning Text Amendment

Page 2 of 3 ends

2. That the proposed Zoning Text Amendments are consistent with the following General Plan policies. There are no Specific Plans that apply to the site. a. Policy CD-1.5 Clear Development Regulations, seeks to ensure the City promotes design excellence by having clear development regulations that reinforce quality design. The proposed amendments establish clear and concise development regulations that have been which have been implemented successful and have enhanced the design of residential projects throughout the city.
b. Policy CD-1.14 Protect Neighborhood Character, seeks to protect character-defining features of the neighborhoods. The proposed amendments help to reinforce the design requirements and ensure that developments are of a quality design and incorporate appropriate design features and massing.

City Council/RSA Agenda 185 Tuesday, September 13, 2022 Planning Commission Resolution #9-22
AT-22-001 Zoning Text Amendment

Page 3 of 3 ends

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 August 18, 2022, by the following vote:

AYES
NOES

ABSTAIN
ABSENT
MOVED:

SECONDED:

APPROVED
______________________________________

LEE GUIO, VICE-CHAIRPERSON
ATTEST:
_________________________________

CARMELA CAMPBELL, SECRETARY
City Council/RSA Agenda 186 Tuesday, September 13, 2022 Agenda Item
DATE: SEPTEMBER 1, 2022
TO: PLANNING COMMISSION
FROM: CARMELA CAMPBELL, ECONOMIC, AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: TEXT AMENDMENT TO TITLE 18, ZONING, OF THE UNION CITY MUNICIPAL CODE (AT-22-002)
APPLICANT: CITY OF UNION CITY
REQUEST: The City of Union City is proposing an amendment to Title 18:

Zoning, Chapter 18.50, Civic Facilities (CF), of the Union City Municipal Code, to conditionally permit seasonal sales lots for holiday trees and pumpkins in the CF Zoning District upon the granting of an administrative use permit.

LOCATION: Citywide
ENVIRONMENTAL ASSESSMENT:

I. BACKGROUND & PROPOSAL
The City of Union City is seeking a Zoning Text Amendment, AT-22-002, to amend Title 18, Chapter 18.50, Civic Facilities (CF), of the Union City Municipal Code, to allow seasonal sales lots for holiday trees and pumpkins in the CF Zoning District as a conditionally permitted use subject to the granting of an Administrative Use Permit by the Zoning Administrator pursuant to the administrative use permit process under Chapter 18.54, and subject to the provisions of the Policy Statement for the Regulation of Seasonal Sales Lots.

Currently, seasonal sales lots are not permitted in the CF Zoning District. Seasonal sales lots are a permitted use within the Professional and Administrative Commercial (CPA), Neighborhood Commercial (CN), Community Commercial (CC) and Specialty City Council/RSA Agenda 187 Tuesday, September 13, 2022 Planning Commission Staff Report, September 1, 2022
AT-22-002 Zoning Text Amendment, Page 2
Commercial (CS) Zoning Districts. Seasonal sales lots are currently a conditionally permitted use in the Agriculture (A) and Private Institutional (PI) Zoning Districts and require approval of an Administrative Use Permit prior to establishment of the use. The proposed Zoning Text Amendment is listed in Exhibits A and B (red-lined version).

The “Policy Statement for the Regulation of Seasonal Sales Lots” (“Policy Statement”) is also being amended to reflect the proposed update and to correct a minor typo. See Exhibits C and D (red-lined version) for the updated version of the Policy Statement.

The Policy Statement includes requirements for establishment and operation of seasonal sales lots including holiday tree lots and pumpkin patches and does not include entertainment uses such as carnival rides and booths, haunted houses, corn mazes, etc.

The Policy Statement allows for operations for a maximum of 45 days and limits sales between the hours of 9 a.m. and 10 p.m., daily. The Policy Statement also requires temporary site access and parking areas be designed and constructed to ensure that there are no safety, traffic, or clean water impacts. Documentation is also required to be submitted prior to the opening of the seasonal sales lot including a site plan showing the layout, proof of insurance, and proof of any other required agency approval including the City and possibly the State Fire Marshal.

II. DISCUSSION
The proposed text amendment and update to the Policy Statement will allow for the establishment of seasonal sales lots, including holiday tree lots and pumpkins patches, within the CF Zoning District which is applied to lands owned by the City and other public agencies including the New Haven Unified School District. The impetus for the proposed amendment and update is to facilitate the on-going operation of the City’s only holiday tree lot, which has been operating at the Logan High School parking lot for the last several years by J&G Trees.

The proposed Zoning Text Amendment will update the uses in the CF District by allowing for a use that aligns with the City’s policies to provide for a diversity of public and community-supportive uses that support the needs of Union City’s residents and employees. It also aligns with General Plan Policy LU-8.1 Vibrant Public Spaces, a policy that supports the creation of vibrant public spaces at public buildings.

City Council/RSA Agenda 188 Tuesday, September 13, 2022 Planning Commission Staff Report, September 1, 2022
AT-22-002 Zoning Text Amendment, Page 3
C. Noticing & Communication
A newspaper notice for the zoning text amendment was published in the Tri-City Voice on August 16, 2022, as required by law. No public comment or feedback has been received by staff.

E. Conclusion
The proposed Zoning Text Amendment (AT-22-002) to Title 18, Chapter 18.50, of the Municipal Code will update the City’s CF District regulations to conditionally permit seasonal sales lots subject to Administrative Use Permit approval. Staff recommends the Planning Commission recommend to the City Council approval of AT-22-002 and make the required findings as provided in Section V of this report, in support of this approval.

The text amendment is tentatively scheduled for a first reading by the City Council on September 13, 2022. The second reading would likely occur on, September 27, 2022, and the provisions would become effective 30 days later. This text amendment and update to the Policy Statement is anticipated to be combined with the residential zoning text amendments, which were reviewed and recommended for approval by the Planning Commission at their August 18, 2022 meeting.

III. REQUIRED FINDINGS
Amendments
Section 18.64.060 requires that, when considering Zoning Text Amendments, the Planning Commission shall provide a recommendation to the City Council on the following:

1. Recommendation whether or not the application should be granted or denied, including the reasons for the recommendation;
Seasonal sales lots will be temporary and provide a convenient service to residents. The added use to the CF Zoning District will provide a service to residents while protecting public health, safety, convenience and general welfare through compliance with the Policy Statement for Regulation of Seasonal Sales Lots.

2. The relationship of the application or proposal to the general plan and any applicable specific plans; and
Allowing seasonal sales lots for holiday trees and pumpkins in the CF Zoning District aligns with General Plan Policy LU-8.1 Vibrant Public Spaces, a policy that supports creation of vibrant City Council/RSA Agenda 189 Tuesday, September 13, 2022 Planning Commission Staff Report, September 1, 2022
AT-22-002 Zoning Text Amendment, Page 4
public spaces at public buildings. The added use to the CF district will provide a service to residents in a safe environment while creating an active and inviting space during holiday seasons.

3. Whether the change is necessary or desirable to achieve the purposes of Title 18.

Seasonal sales lots will be temporary, will provide a convenient service to residents, and will only be permitted in compliance with the Policy Statement for Regulation of Seasonal Sales Lots, which includes requirements to protect the public health, safety, convenience and general welfare.

IV. ALTERNATIVES

1. Recommend approval of the proposed Zoning Text Amendment to the City Council as proposed;

2. Recommend approval of the proposed Zoning Text Amendment to the City Council with stated modifications;

3. Recommend denial of the proposed Zoning Text Amendment to the City Council, stating reasons for denial;

4. Continue the matter for further consideration.

V. RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of Zoning Text Amendment (AT-22-002) to the City Council based on the following specific findings:

2. That the proposed Zoning Text Amendment is consistent with the General Plan, including the Land Use Element, which supports creation of vibrant public spaces at public buildings; and

3. That the proposed Zoning Text Amendment is necessary and desirable to achieve the purposes of Title 18.

It is further recommended that the Planning Commission adopt a Resolution confirming this action.

City Council/RSA Agenda 190 Tuesday, September 13, 2022 Planning Commission Staff Report, September 1, 2022
AT-22-002 Zoning Text Amendment, Page 5
Prepared by
Natalie Dean, Associate Planner
Attachments
Exhibit A: Zoning Text Amendments
Exhibit B: Zoning Text Amendments (Redlined)
Exhibit C: Policy Statement for the Regulation of Seasonal Sales Lots Exhibit D: Policy Statement for the Regulation of Seasonal Sales Lots (Redlined) Attachment 1: Purpose of Title 18
City Council/RSA Agenda 191 Tuesday, September 13, 2022 Desk Item
DATE: SEPTEMBER 1, 2022
TO: PLANNING COMMISSION
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: TEXT AMENDMENT TO TITLE 18, ZONING, OF THE UNION CITY MUNICIPAL CODE (AT-22-002) AND UPDATE TO THE POLICY

STATEMENT FOR THE REGULATION OF SEASONAL SALES
Staff received questions/comments from Planning Commissioner Jo Ann Lew regarding the project. The following are the questions received and staff’s responses (in red italics). Attached to this Desk Item is an updated version of the proposed amendments (Exhibit A and B). These updated amendments should be referenced when making any motion to recommend approval to the City Council.

Commissioner Lew Comments

1. Staff report, page 1, Section I – the City desires a text amendment to Title 18, Chapter

18.50, to allow seasonal sales lots as a conditionally permitted use in the Civic Facilities zoning district, and for the operators of those lots to obtain an administrative use permit under Title 18, Chapter 18.54. According to Section 18.54.030, this chapter appears to apply to single-family residential, commercial and industrial districts, but not to civic facilities districts. Please clarify the applicability of Chapter 18.54 to civic facilities districts when it has been excluded from this chapter.

In response to the comment received, staff is proposing an update to Section 18.54.030(B).

Amended text is shown below as redlined.

Chapter 18.54 ADMINISTRATIVE USE PERMIT

18.54.030 Applicability.

The administrative use permit procedure shall apply to the following types of projects:

A. In the single-family residential districts, large family day care homes which are an accessory use within a home which regularly provides care, protection, and supervision City Council/RSA Agenda 192 Tuesday, September 13, 2022 of nine (9) to fourteen (14) children, inclusive of children under the age of ten (10) years who reside at the home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away, and is licensed for such use by the State Department of Community Care Licensing.

B. For commercial districts see Section 18.36.030. Uses as specified in the zoning district regulations
C. For industrial districts see Section 18.40.450.

DC. In the commercial and industrial districts, temporary outdoor commercial events consisting of the outdoor promotional display or sale of merchandise customarily sold on the premises by a permanently established business. Also included in this category are multiple vendor events such as arts and crafts fairs, holiday boutiques, and the like, when held on the premises of a developed commercial or industrial site. Such events shall include the display of goods typically sold on the site of the event. This category is not intended to apply to activities conducted by nonprofit or charitable institutions in the City nor is it intended to permit the placement of individual vendor operations such as hot dog carts, produce trucks, and the like. Events included within this category shall comply with the provisions of the administrative use permit procedures and shall comply with the following regulatory conditions and parameters:

2. These events shall be conducted on the site of developed commercial or industrial projects and shall not be permitted on vacant parcels.

3. Events permitted within this definition shall have maximum duration of five consecutive days.

6. The design, placement and construction of any temporary structures to be erected on the site of the event shall be subject to the review and approval of the City. If necessary, detailed structural and electrical drawings shall be submitted to City Council/RSA Agenda 193 Tuesday, September 13, 2022 the Building Department for review and approval prior to the erection of any structures on the site.

8. Any signs or outdoor advertising structures erected to promote an event shall be in accordance with the regulations specified in Chapter 18.30 of this title.

2. Staff report, page 2, Section II, first paragraph regarding operation of a holiday tree lot at Logan High School – it has been my understanding that the City does not regulate the New Haven Unified School District (NHUSD). Please explain why the City is now imposing its regulations on the school district.

Staff has consulted with the City Attorney. Pursuant to Government Code section 53094, NHUSD is subject to the City’s land use authority for “non-classroom facilities.” The holiday tree lot is not a “classroom facility” and therefore is subject to the requirements of the City’s Zoning Ordinance.

3. Staff report, page 3, Section III – the City refers to the temporary nature of seasonal sales lots under Findings #1 and #3. If an administrative use permit is granted for operation of a seasonal sales lot under Title 18, Chapter 18.54, then it is understood (according to 18.54.140) that the administrative use permit “shall run with the land and shall continue to be valid upon change of ownership of the site…as long as the approved activity is continued.” However, if the activity is discontinued for “a consecutive period of six (6) months, the administrative use permit shall be deemed to be expired and shall become null and void” and “further continuation of the activity…will require approval of a new administrative use permit application.” Does the City desire that the NHUSD seek a new administrative use permit each year to operate, for example, a holiday tree lot? Please explain the City’s strategy for conditionally permitting seasonal sales lots on public property.

In response to the comment received, staff is proposing an update to Section 18.54.140.

Amended text is shown below as redlined.

18.54.140 Administrative use permit to run with land.

City Council/RSA Agenda 194 Tuesday, September 13, 2022 An administrative use permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the administrative use permit application, as long as the approved activity is continued. However, should the activity approved by the administrative use permit be discontinued for a consecutive period of six (6) months, the administrative use permit shall be deemed to be expired and shall become null and void, with the exception of Seasonal Sales Lots. Upon expiration, further continuation of the activity on-site will require approval of a new administrative use permit application.

4. Exhibit B, Chapter 18.50, Section 18.50.030 – the City proposes to add seasonal sales lots as a conditional use in the civic facilities district, and approval for the use permit would be granted by the Zoning Administrator under Chapter 18.54, Administrative Use Permit. As already mentioned in #1 above, “civic facilities” is not included in the description of applicable zoning districts in 18.54.030. Given the absence of this zoning district in Chapter 18.54, can the City legally apply this code to the proposed change? Please explain.

See comment above. Section 18.54.030(B) has been revised.

5. Exhibit B, Chapter 18.50, Section 18.50.040 – do all of the listed items (A through F) apply to all of the listed conditional uses in Section 18.50.030? Please explain as there appears to be no exception shown.

Yes, subsections A through F of 18.50.040 apply to the conditional uses in Section 18.50.030.

6. Exhibit B, Chapter 18.50, Section 18.50.040 – Item E, as amended, refers to Chapters

18.72 and 18.76 with Chapter 18.56 being deleted. However, 18.50.030B refers to Chapter 18.56 as the reference for the use permit process. Please explain the deletion of Chapter 18.56 and the inclusion of Chapter 18.72 in Section 18.50.040, Item E, while

18.50.030B is being proposed with a reference to Chapter 18.56. I find this confusing.

Use permit processes are now referenced in Section 18.50.030; therefore, the reference in Section

18.50.040 is no longer needed. However, a reference to Section 18.72 Administrative Site Development Review was added to Section 18.50.040 E for projects that are subject to that provision.

City Council/RSA Agenda 195 Tuesday, September 13, 2022

EXHIBIT A
Chapter 18.50 CIVIC FACILITIES (CF) DISTRICT

18.50.030 Conditional uses.

The following are conditional uses in the CF district:

A. Approval by Zoning Administrator (refer to Chapter 18.54 for a detailed description of the administrative use permit process).

1. Seasonal sales lots for holiday trees and pumpkins subject to the provisions of the Policy Statement for the Regulation of Seasonal Sales Lots.

B. Approval by Planning Commission (refer to Chapter 18.56 for a detailed description of the use permit process).

1. Recycling centers;

2. Sewage treatment plants;

3. Transportation facilities such as heliports and bus terminals.

18.50.040 Other regulations.

A. Off-street parking and loading: As prescribed in the relevant sections of the Union City zoning title.

B. Signs: As prescribed in Chapter 18.30.

C. Landscaping and screening: As prescribed in the Union City Landscape Standards Policy Statement.

D. Accessory structures:

1. No accessory structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.

2. No detached accessory structure or structures shall occupy more than thirty percent (30%) of the area of a required rear yard.

3. No detached accessory structures located in a required rear yard shall exceed twelve (12) feet in height.

E. Review procedures: As described in Chapters 18.72 and 18.76.

F. The provisions of Chapter 18.102, Decoto Industrial Park Study Area (DIPSA), including design guidelines and findings, shall apply to all development within the DIPSA.

Chapter 18.54 ADMINISTRATIVE USE PERMIT

18.54.030 Applicability.

The administrative use permit procedure shall apply to the following types of projects:

City Council/RSA Agenda 196 Tuesday, September 13, 2022 A. In the single-family residential districts, large family day care homes which are an accessory use within a home which regularly provides care, protection, and supervision of nine (9) to fourteen (14) children, inclusive of children under the age of ten (10) years who reside at the home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away, and is licensed for such use by the State Department of Community Care Licensing.

B. Uses as specified in the zoning district regulations.

C. In the commercial and industrial districts, temporary outdoor commercial events consisting of the outdoor promotional display or sale of merchandise customarily sold on the premises by a permanently established business. Also included in this category are multiple vendor events such as arts and crafts fairs, holiday boutiques, and the like, when held on the premises of a developed commercial or industrial site. Such events shall include the display of goods typically sold on the site of the event. This category is not intended to apply to activities conducted by nonprofit or charitable institutions in the City nor is it intended to permit the placement of individual vendor operations such as hot dog carts, produce trucks, and the like. Events included within this category shall comply with the provisions of the administrative use permit procedures and shall comply with the following regulatory conditions and parameters:

2. These events shall be conducted on the site of developed commercial or industrial projects and shall not be permitted on vacant parcels.

3. Events permitted within this definition shall have maximum duration of five consecutive days.

4. At least five (5) calendar days prior to the event, the applicant shall submit a five-hundreddollar ($500.00) deposit to the City to ensure adequate cleanup of the site following termination of the event.

8. Any signs or outdoor advertising structures erected to promote an event shall be in accordance with the regulations specified in Chapter 18.30 of this title.

City Council/RSA Agenda 197 Tuesday, September 13, 2022

18.54.140 Administrative use permit to run with land.

An administrative use permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the administrative use permit application, as long as the approved activity is continued. However, should the activity approved by the administrative use permit be discontinued for a consecutive period of six (6) months, the administrative use permit shall be deemed to be expired and shall become null and void, with the exception of Seasonal Sales Lots. Upon expiration, further continuation of the activity on-site will require approval of a new administrative use permit application.

City Council/RSA Agenda 198 Tuesday, September 13, 2022

EXHIBIT B
Chapter 18.50 CIVIC FACILITIES (CF) DISTRICT

18.50.030 Conditional uses.

The following are conditional uses in the CF district:

A. Approval by Zoning Administrator (refer to Chapter 18.54 for a detailed description of the administrative use permit process).

1. Seasonal sales lots for holiday trees and pumpkins subject to the provisions of the Policy Statement for the Regulation of Seasonal Sales Lots.

B. Approval by Planning Commission (refer to Chapter 18.56 for a detailed description of the use permit process).

1. Recycling centers;

2. Sewage treatment plants;

3. Transportation facilities such as heliports and bus terminals.

The following are conditional uses in the CF district:

A. Recycling centers;
B. Sewage treatment plants;
C. Transportation facilities such as heliports and bus terminals.

18.50.040 Other regulations.

A. Off-street parking and loading: As prescribed in the relevant sections of the Union City zoning title.

B. Signs: As prescribed in Chapter 18.30.

C. Landscaping and screening: As prescribed in the Union City Landscape Standards Policy Statement.

D. Accessory structures:

1. No accessory structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.

2. No detached accessory structure or structures shall occupy more than thirty percent (30%) of the area of a required rear yard.

3. No detached accessory structures located in a required rear yard shall exceed twelve (12) feet in height
E. Review procedures: As described in Chapters 18.56 18.72 and 18.76.

F. The provisions of Chapter 18.102, Decoto Industrial Park Study Area (DIPSA), including design guidelines and findings, shall apply to all development within the DIPSA.

City Council/RSA Agenda 199 Tuesday, September 13, 2022 Chapter 18.54 ADMINISTRATIVE USE PERMIT

18.54.030 Applicability.

The administrative use permit procedure shall apply to the following types of projects:

B. For commercial districts see Section 18.36.030. Uses as specified in the zoning district regulations C. For industrial districts see Section 18.40.450.

This category is not intended to apply to activities conducted by nonprofit or charitable institutions in the City nor is it intended to permit the placement of individual vendor operations such as hot dog carts, produce trucks, and the like. Events included within this category shall comply with the provisions of the administrative use permit procedures and shall comply with the following regulatory conditions and parameters:

2. These events shall be conducted on the site of developed commercial or industrial projects and shall not be permitted on vacant parcels.

3. Events permitted within this definition shall have maximum duration of five consecutive days.

7. The applicant shall submit a detailed statement of use at the time of application filing to the Economic and Community Development Department which includes a description of the event City Council/RSA Agenda 200 Tuesday, September 13, 2022 and the types of activities to be held or goods to be sold on the site, the hours and days of the event, the number and the types of vendors participating, and any additional information deemed necessary by the Director.

8. Any signs or outdoor advertising structures erected to promote an event shall be in accordance with the regulations specified in Chapter 18.30 of this title.

18.54.140 Administrative use permit to run with land.

An administrative use permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the administrative use permit application, as long as the approved activity is continued. However, should the activity approved by the administrative use permit be discontinued for a consecutive period of six (6) months, the administrative use permit shall be deemed to be expired and shall become null and void, with the exception of Seasonal Sales Lots. Upon expiration, further continuation of the activity on-site will require approval of a new administrative use permit application.

City Council/RSA Agenda 201 Tuesday, September 13, 2022 Attachment 10
DRAFT
PLANNING COMMISSION RESOLUTION NUMBER 10-22

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UNION CITY

RECOMMENDING APPROVAL TO THE CITY COUNCIL OF ZONING TEXT AMENDMENT, AT-22-002, TO UPDATE CHAPTER 18.50, CIVIC FACILITIES (CF), TO

ADD SEASONAL SALES LOTS AS A CONDITIONAL USE SUBJECT TO ISSUANCE OF AN ADMINISTRATIVE USE PERMIT AND UPDATE CHAPTER 18.54,

ADMINISTRATIVE USE PERMIT, FOR CONSISTENCY AND UPDATE THE POLICY

STATEMENT FOR REGULATION OF SEASONAL SALES LOTS FOR CONSISTENCY

WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and
WHEREAS, the City of Union City is proposing Zoning Text Amendment, AT-22- 002, to amend Title 18: Zoning, Chapter 18.50 Civic Facilities (CF), of the Union City Municipal Code to add Seasonal Sales Lots as a conditionally permitted use in the CF Zoning District requiring approval of an Administrative Use Permit prior to establishment of the use; and
WHEREAS, a related amendment is proposed to Chapter 18.54, Administrative Use Permit (AUP), to clarify that the Administrative Use Permit (AUP) process would apply to any use identified as requiring an AUP within the zoning district regulations and exempting Seasonal Sales lots from the expiration of the AUP if the use is discontinued for more than six months; and
WHEREAS, on September 1, 2022, the Planning Commission held a duly noticed public hearing to consider the proposed zoning text amendments, receive the staff report and staff presentation, and discussed the matter; and
WHEREAS, the amendment to Title 18 is shown in Exhibit A and Exhibit B (Redlined), and the amendment to the Policy Statement for the Regulation of Seasonal Sales Lots are shown in Exhibits C and D (Redlined), which are attached and incorporated herein by reference.

NOW, THEREFORE, BE IT RESOLVED, that the foregoing recitals are true and correct and made a part of this Resolution.

BE IT FURTHER RESOLVED that the Planning Commission of the City of Union City hereby recommends approval of Zoning Text Amendment, AT-22-002, as shown in Exhibit A and Exhibit B (Redlined), to the City Council, and does hereby find as follows:

1. That the proposed Zoning Text Amendments are categorically exempt per Section15061(b)(3), the general exemption for projects with no potential for significant City Council/RSA Agenda 202 Tuesday, September 13, 2022 4 Planning Commission Reso #10-22
AT-22-002, Zoning Text Amendments

Page 2 of 3 ends

effect on the environment, of the California Environmental Quality Act (CEQA) Guidelines; and

2. That the proposed Zoning Text Amendments are consistent with the General Plan, including Policy LU-8.1 Vibrant Public Spaces, a policy that supports creation vibrant public spaces at public buildings. The added use to the CF Zoning District will provide a service to residents in a safe environment while creating an active and inviting space during holiday seasons; and

3. That the proposed Zoning Text Amendment are necessary and desirable to achieve the purposes of Title 18. Seasonal sales lots will be temporary, will provide a convenient service to residents, and will only be permitted on conditions of permit approval that are designed protect the public health, safety, convenience and general welfare. The seasonal sales lots will also be permitted on conditions that protect the character and maintain the stability of residential, business and industrial areas within the City.

BE IT FURTHER RESOLVED that the Planning Commission of the City of Union City hereby recommends approval of amendments to the Policy Statement for the Regulation of Seasonal Sales Lots, as shown in Exhibits C and D (Redlined), to the City Council, for consistency with the proposed zoning text amendments.

City Council/RSA Agenda 203 Tuesday, September 13, 2022 4 Planning Commission Reso #10-22
AT-22-002, Zoning Text Amendments

Page 3 of 3 ends

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 September 1, 2022, by the following vote:

AYES 0
NOES 0
ABSTAIN 0
ABSENT 0
MOVED: Commissioner
SECONDED: Commissioner

APPROVED

HARPAL MANN, CHAIRPERSON
ATTEST:

CARMELA CAMPBELL, SECRETARY
City Council/RSA Agenda 204 Tuesday, September 13, 2022 1 PLANNING COMMISSION MINUTES SEPTEMBER 1, 2022

CITY OF UNION CITY
DRAFT

MINUTES FOR THE REGULAR PLANNING COMMISSION MEETING
ON THURSDAY, SEPTEMBER 1, 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: Chairperson Harpal Mann; Vice Chairperson Lee Guio; Commissioner JoAnn Lew; Commissioner Scott Sakakihara
STAFF: Carmela Campbell (Economic & Community Development Director); Derek Farmer (Planning Manager); Alex Mog (Deputy City Attorney); Brandon H DeLucas (Associate Planner); Natalie Dean (Associate Planner); Denisse Anzoategui (Administrative Assistant)

2. APPROVAL OF MINUTES:

The regular Planning Commission minutes of August 18, 2022 will be provided in a following packet.

3. ORAL COMMUNICATIONS:

Chairperson Mann reminded the Planning Commission of the expectations of decorum during meetings and that everyone should be treated with respect including City staff.

Chairperson Mann indicated that if he heard any feedback that was not appropriate that he would strike it from the record.

4. WRITTEN COMMUNICATIONS: None.

5. PUBLIC HEARINGS:

A. CONTINUED HEARINGS: None.

B. NEW HEARINGS:

1. YALDA AND ELYAS MOJADDIDY, 388 APPIAN WAY (087-0038-024), ADMINISTRATIVE SITE DEVELOPMENT REVIEW (ASD-22-009), AND USE PERMIT (UP-22-002): The applicants, Yalda and Elyas Mojaddidy, are seeking approvals to construct an approximately 2,740 square-foot, twostory residence with an attached 456 square-foot garage on a vacant lot within the RS-6000 Zoning District and Hillside (H) Combining District. Staff is recommending that this project be considered categorically exempt per Section 15303, New Construction or Conversion of Small Structures, of the California Environmental Quality Act (CEQA).

Attachment 11
City Council/RSA Agenda 205 Tuesday, September 13, 2022 2 PLANNING COMMISSION MINUTES SEPTEMBER 1, 2022
Staff recommended that the Planning Commission continue this item to the regularly scheduled Planning Commission meeting on September 15, 2022. The applicant provided new information that staff must review and consider. In addition, staff received questions and comments from Planning Commissioner Lew regarding the project which includes a request for additional documents.

Commissioner Lew asked what the difference is between Administrative Site Development Review and Site Development Review for this particular type of project.

Commissioner Lew recalled they have reviewed homes along Railroad Avenue as a Site Development Review.

Carmela Campbell, Economic & Community Development Director replied that when an applicant proposes more than one single family home the project triggers Site Development Review and projects containing only one single family home will be reviewed as an Administrative Site Development Review which is at the Zoning Administrator level. Ms. Campbell added that this project is before the Commission due to the property being located in the -H Combining District which requires a Use Permit for all new development.

Chairperson Mann opened the public comment.

Chairperson Mann closed the public comment.

Commissioner Sakakihara moved that the Planning Commission continue this item to the regularly scheduled Planning Commission meeting on September 15, 2022.

Vice Chairperson Guio seconded.

The motion was carried by the following roll call vote:

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

2. CITY OF UNION CITY, ZONING TEXT AMENDMENT AT-22-002: The City of Union City is proposing to amend Chapter 18.50 Civic Facilities (CF) District, of Title 18, Zoning, of the Union City Municipal Code, to allow seasonal sales lots be conditionally permitted in the CF Zoning District subject to issuance of an Administrative Use Permit. The City of Union City is also proposing to update the “Policy Statement for the Regulation of Seasonal Sales Lots” for consistency. The project is categorically exempt per Section 15061(b)(3), the general exemption for projects with no potential for significant effect on the environment, of the California Environmental Quality Act (CEQA) Guidelines.

Natalie Dean, Associate Planner, presented the staff report.

City Council/RSA Agenda 206 Tuesday, September 13, 2022 3 PLANNING COMMISSION MINUTES SEPTEMBER 1, 2022
Vice Chairperson Guio asked what changed as he had seen the Christmas tree lot in the same place for several years. Vice Chairperson Guio asked if these changes makes it easier for the City to have a lot there.

Ms. Campbell replied that the City was under the impression that there was an affiliation between the tree lot and the school , but when the City found out there was no affiliation they became subject to the City’s land use authorization and that was the reason it was put into motion. Ms. Campbell added that the City understood that they had a long-term agreement with the School District and they had been on the site, but the zoning regulations did not permit it, and the City wanted to accommodate it. Ms. Campbell noted that it was a benefit for the City, and could be established in any CF district, which are City facilities and other member agencies like USD, and the School District.

Ms. Campbell assured the Commission that the change will be seamless in terms of the seller being there. Ms. Campbell added that the City will be requiring the seller to comply with the Policy Statement, which will ensure that they will comply with applicable provisions and operate in a safe manner.

Vice Chairperson Guio asked if it would apply to Christmas trees and pumpkins but not to fireworks nor any other kind.

Ms. Campbell replied that was correct and that fireworks sales go through their own process.

Commissioner Guio moved that the Planning Commission recommend approval of Zoning Text Amendment (AT-22-002) to the City Council, and making the specific findings as listed in the staff report, in support of the recommendation of approval, and adopt a resolution confirming this action.

Commissioner Lew seconded.

The motion was carried by the following roll call vote:

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

6. SUPPLEMENTAL STAFF REPORTS:

A. CONTINUED HEARINGS: None.

B. NEW REPORTS:

7. ECONOMIC DEVELOPMENT REPORTS: None.

City Council/RSA Agenda 207 Tuesday, September 13, 2022 4 PLANNING COMMISSION MINUTES SEPTEMBER 1, 2022

8. COMMISSION MATTERS:

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

Ms. Campbell reported that the City Council would be reviewing the proposed amendments that were reviewed at the August 18, 2022 meeting at the September 13, 2022 along with the proposed amendments reviewed that evening. Ms. Campbell added that putting them together would be more efficient.

B. Upcoming applications for the Regular Planning Commission meeting for September 15, 2022.

Ms. Campbell informed the Planning Commission that in addition to the continued hearing for Appian Way, they would also be bringing up another Zoning Text Amendment to assign responsibility to the Zoning Administrator regarding requests by the Alcoholic Beverage Control (ABC) control regarding the issuance of new liquor licenses in areas of over concentration or areas of high crime. Ms. Campbell added that it is very typical in most zoning ordinances, that there is a process for when these types of requests come through.

9. GOOD OF THE ORDER:

Ms. Campbell extended an invitation to Manheim’s (950 Whipple Road) grand opening on September 22, beginning at 12 PM.

Ms. Campbell noted that the League of California cities is putting on a Planning Commission training and would email details to the Commission.

Chairperson Mann noted complaints he has received from neighbors regarding an RV parked along Sandburg Drive.

10. ADJOURNMENT: 7:36 PM
City Council/RSA Agenda 208 Tuesday, September 13, 2022 Item 6.a
AT-22-001 and AT-22-002, Master Fee
Schedule Update, and Policy Statement
Update
City Council/RSA Agenda 209 Tuesday, September 13, 2022 2 Background
• AT-22-001 and AT-22-002
• AT-22-001- Updates related to residential development including regulations for SB 9 developments
• AT-22-002 – Updates to add Seasonal Sale Lots to CF Zoning District to facilitate continued operation of existing tree lot at Logan High School and related updates to Chapter 18.54
• Both amendments brought up together to increase efficiencies although reviewed at two different PC meetings
• Related action to update the Master Fee Schedule to add fees for ministerial review of SB 9 projects
• Related action to update Policy Statement for Regulation of Seasonal Sales Lots to reflect allowance in CF Zoning District
City Council/RSA Agenda 210 Tuesday, September 13, 2022 3 Senate Bill 9
Senate Bill (SB) 9 became effective on January 1, 2022 and allows:
• Ministerial approval of SB 9 Housing developments requests • Up to 4 residences and a lot split allowed on an existing single-family lot
• Only objective standards can be applied
• The City adopted an urgency ordinance (Ordinance 892-21) on November 23, 2021
City Council/RSA Agenda 211 Tuesday, September 13, 2022 4 Chapter 18.31: SB 9 Subdivisions and Development Projects

18.31.090 Objective Development Standards
• Setbacks
• Height
• Lot Coverage
• Parking
• Ability to Rent Unit

18.31.110 Objective Design Standards
• Roof Form and Detailing
• Building Facades and Materials
• Windows and Glazing
• Principal entrance standards
City Council/RSA Agenda 212 Tuesday, September 13, 2022 5 Chapter 18.31: SB 9 Subdivisions and Development Projects

18.31.100 Objective Subdivision Standards
• SB Lot split – No more than two parcels
• Cannot exceed a 60/40 split (the second
parcel cannot be smaller than 40
percent of the original parcel)
• Flag lots – Only allowed if a conventional lot
does not allow a parcel of at least 1,200
square feet or a unit of at least 800 square
feet
• Driveway Standards – 12 feet paved,
except where greater width is required for
Fire Department access
City Council/RSA Agenda 213 Tuesday, September 13, 2022 6 Chapter 18.32/18.24/18.100 Updates
Reflects ongoing effort to update and clarify City’s standards for residential development to further streamline City review and to reflect existing practices • Align objective design standards for SB 9 developments, ADUs, and singlefamily residential developments. • Provide greater clarity in evaluating design features • Clarify requirements for accessory structures, retaining walls, home occupations, and parking
• Minor update to Chapter 18.24, Bulk Regulations, and 511 Zoning District for consistency
City Council/RSA Agenda 214 Tuesday, September 13, 2022 7 Chapter 18.32:

Residential Districts

18.32.020 Permitted uses
- Manufactured home design criteria - Microenterprise Home Kitchen Operation (MEHKO)
- Accessory Structures

18.32.040 Walls Fences and Hedges
- Added requirements for retaining walls

18.32.045 Decks and Balconies
- Clarify requirements for decks and
balconies to address privacy concerns
City Council/RSA Agenda 215 Tuesday, September 13, 2022 8 Chapter 18.32: Residential Districts

18.32.125 Design Criteria
- Added objective design standards; very similar to SB 9 Chapter - Relocated existing standards for manufactured homes to this section

8.32.160 Off-street parking
- Tandem spots – Added size requirements
- Clarified required unobstructed dimensions for parking spaces City Council/RSA Agenda 216 Tuesday, September 13, 2022 9 Chapter 18.34: Accessory Dwelling Units
• Align objective design standards for SB 9 developments, ADUs, and singlefamily residential developments • Responds to feedback received from the State Housing and Community Development Department (HCD)
• Minor updates to address formatting and wording
City Council/RSA Agenda 217 Tuesday, September 13, 2022 10 Chapter 18.72: Administrative Site Development
(ASD) Review
Ongoing effort to streamline the City’s Review process
• Update applicability and criteria
• Minor updates to address consistency
• Clarify procedures/submittal requirements to reflect current practice of referring ASDs to PC when project is a matter of public interest City Council/RSA Agenda 218 Tuesday, September 13, 2022 11 Chapter 18.50 and 18.54 Updates
Chapter 18.50 – Civic Facilities (CF)
• Conditionally allow seasonal sales lots (sale
of holiday trees and pumpkins) in the CF
Zoning District (includes City owned
properties and other public entities including
USD and NHUSD)
• Use subject to AUP (similar to A and PI
Zoning Districts)
Chapter 18.54 - Administrative Use Permit
• Updates related to addition of Seasonal Sales
Lots in CF
City Council/RSA Agenda 219 Tuesday, September 13, 2022 12 Policy Statement Update
• Seasonal sales lots are subject
to the provisions of the Policy
Statement For Regulation of
Seasonal Sales Lots
• The Policy Statement includes
operational requirements for
Seasonal Sales Lots
• Policy Statement updated to
reflect addition of seasonal sales
lots in CF Zoning District
City Council/RSA Agenda 220 Tuesday, September 13, 2022 13 Master Fee Schedule Update
Staff recommends the following fees
•Planning Division - SB 9 Ministerial Review (Per Unit): $3,946 •Planning Division - SB 9 Ministerial Urban Lot Split Review: $3,946 •Public Works Department – SB 9 Urban Lot Split: $6,807 Staff took into consideration the estimated amount of time necessary to complete the review for similar types of projects.

City Council/RSA Agenda 221 Tuesday, September 13, 2022 14 Planning Commission Review (AT-22-001)
Planning Commission held a Study Session at its July 21, 2022 meeting and a Public Hearing on August 18, 2022 to review Residential Zoning amendments • PC asked clarifying questions and provided feedback
• PC recommended minor updates to the proposed amendments • Updated language reflected in Exhibit A provided to CC Planning Commission recommended approval on a 5-0 vote
City Council/RSA Agenda 222 Tuesday, September 13, 2022 15 Planning Commission Review (AT-22-002)
Planning Commission held a public hearing at its September 1, 2022 meeting for seasonal sales lot amendments
• PC asked clarifying questions and provided feedback
• PC recommended minor updates to the proposed amendments • Updated language reflected in Exhibit A provided to CC Planning Commission recommended approval on a 4-0 vote
City Council/RSA Agenda 223 Tuesday, September 13, 2022 16 Recommendation
Consistent with the Planning Commission recommendation, staff recommends the City Council make the following motion:
• Motion that the City Council hold a public hearing, introduce the attached Ordinance approving AT-22-001 and AT-22-002. adopt a Resolution Amending the Master Fee Schedule to add fees for ministerial review of SB 9 Development Projects and adopt a Resolution Amending the Policy Statement for the Regulation of Seasonal Sales Lots for consistency with the proposed
amendments
City Council/RSA Agenda 224 Tuesday, September 13, 2022 Agenda Item
DATE: 9/13/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION TO SUPPORT THE DESIGNATION OF

KHUSHAB, PAKISTAN, AS A SISTER CITY
Staff recommends that the City Council accept the Human Relations Commission’s recommendation and adopt a resolution to support the designation of Khushab, Pakistan as the tenth Sister City to the City of Union City.

STRATEGIC PLAN ALIGNMENT
Goal E: Build strong connections with community partners, residents, and employees.

Strategy 4: Enhance the role boards and commissions play in communicating the City’s interests through training and routine engagement.

BACKGROUND
Union City Friends of Sister Cities is an independent organization that develops and strengthens relationships with the City’s sister cities, and which identifies and pursues relationships with prospective sister cities. The organization is not connected to Sister City International or the City of Union City and is composed of volunteer residents of Union City. The organization plans events, fundraisers, and activities to celebrate the many sister city relationships. One of their biggest events is the Annual Sister City Festival, which was recently held on August 7, 2022, at the Mark Green Sports Center. Union City currently has nine sister cities, and they are Pasay City, Philippines; Liyang, China; Guro City, South Korea; Jalandhar, India; Asadabad, Afghanistan; Chiang Rai, Thailand; Baybay, Leyte, Philippines; Santa Rosalia, Mexico; and Mushin, Lagos, Nigeria. Each relationship with these cities reflects the vibrant diversity that make up the community of Union City. As a prerequisite, the sister cities must share common characteristics with Union City, such as history, population, and economic growth.

The process in selecting a new Sister City:

City Council/RSA Agenda 225 Tuesday, September 13, 2022

1. Review the similarities and differences between the two cities, such as population, land area, etc.

2. Bring a proposal in front of Union City’s “Friends of Sister Cities” group.

3. Introduce and present the prospective sister city to the Human Relations Commission.

4. Submit a proposal to the City of Union City’s Mayor and City Council to obtain formal approval.

5. Mayors or highest elected officials from the two communities sign an agreement to become sister cities.

6. Each Sister City is assigned a local group of representatives that is tasked with planning and outreach initiatives to ensure that all Sister Cities are recognized and celebrated among the community of Union City.

Steps one through three have been completed and the Human Relations Commission is now recommending support to the City Council to designate Khushab, Pakistan as the tenth Sister City for the City of Union City.

DISCUSSION
Khushab, Pakistan is located in the northern Punjab province of Pakistan. The word Khushab, is a combination of two Persian words:khush meaning "sweet or tasty", and aab meaning "water." A common belief is that Persians from the west first used the word khush-aab in admiration of the sweet and tasty water found in the historical city situated on the bank of Jhelum River and over time the city became known as Khushab. The city was the headquarters of the Shahpur District of Punjab, a region of Pakistan during British rule. During that time, it was an extensive trade hub, exporting cotton, wool, and Ghee to Multan and Sukkur; cotton cloth to Afghanistan and the Derajat; and wheat grown in the Salt Range to Karachi, located over 1,000 kilometers (about 620 miles) away. Today, Kohinoor Sugar Mills, Pioneer Cement Mills, Shadab Flour Mills, Habib Jute Mills, Olympia Chemicalare some of the prominent companies in Khushab.

Staff would like to acknowledge Human Relations Commissioner and Friends of Sister Cities member, Shamsa Rafay, for her work on this nomination process.

FISCAL IMPACT
There is no fiscal impact related to the report.

RECOMMENDATION
Staff recommends that the City Council accept the Human Relations Commission’s recommendation and adopt a resolution in support of designating Khushab, Pakistan as the tenth Sister City to the City of Union City.

Prepared by:

Serenity Mlay, Management Analyst I
City Council/RSA Agenda 226 Tuesday, September 13, 2022 Submitted by:

Joan Malloy, City Manager
ATTACHMENTS:

Description Type

RESOLUTIONOF THECITYCOUNCILOF THECITYOF UNION

CITYTOSUPPORT THEDESIGNATIONOF KHUSHAB,

PAKISTAN,ASA SISTERCITYTOTHECITYOF UNIONCITY
Resolution
City Council/RSA Agenda 227 Tuesday, September 13, 2022 RESOLUTION NO. XXXX-21

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY TO SUPPORT

THE DESIGNATION OF KHUSHAB, PAKISTAN, AS A SISTER CITY TO THE CITY OF

UNION CITY
WHEREAS, Union City Friends of Sister Cities is an independent organization that develops and strengthens relationships with the City’s sister cities, and which identifies and pursues relationships with prospective sister cities; and WHEREAS, there are currently nine sister cities and the relationship with these cities reflect the vibrant diversity that make up the community of Union City; and WHEREAS, as a prerequisite, the sister cities must share common characteristics with Union City, such as history, population, economic growth and size; and WHEREAS, the City of Khushab, Pakistan is located in the Punjab province of Pakistan; and
WHEREAS, the Cities of Union City and Khushab, Pakistan both share common characteristics in terms of economic and demographic diversity; and WHEREAS, The Union City Friends of Sister Cities brought this nomination to the Human Relations Commission for their review and recommendation; and WHEREAS, the Human Relation Commission is recommending that the City Council adopt a resolution in support of designating Khushab, Pakistan as the tenth Sister City to the City of Union City.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby supports the designation of Khushab, Pakistan as the tenth sister city to the City of Union City.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 13th day of September 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN: Neevia Document Converter Pro v6.5
City Council/RSA Agenda 228 Tuesday, September 13, 2022 Resolution No. XXXX-22

Page 2 ends

APPROVED:

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ _________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney Neevia Document Converter Pro v6.5 City Council/RSA Agenda 229 Tuesday, September 13, 2022 Agenda Item
DATE: 9/13/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: INFORMATIONAL UPDATE ON THE MULTI-FAMILY OBJECTIVE

DEVELOPMENT STANDARDS PROJECT
As a result of new housing legislation, the City is preparing Multi-family Objective Development Standards, which will help facilitate the review and approval process of new multi-family housing development. The Multifamily Objective Development Standards Project willestablish objective design and development standards for zoning districts that allow multi-family and/or mixed-use development. The new standards will be objective, meaning they would not be subject to interpretation. Objective standards will provide property owners and developers with greater predictability and will help streamline the development review process.

This informational report provides background legislative information, an overview of objective development standards, and a summary of upcoming actions. Staff recommends that the City Council receive the presentation on the Multi-family Objective Development Standards project informational update.

STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:

Goal C, Strategy 5: Promote housing development for all income levels in the community by updating the zoning ordinance to include objective standards for new multi-family residential development in order to streamline the review of applications for housing developments, and update the Housing Element, to facilitate the development of af ordable housing.

BACKGROUND
Legislative Context
Housing Accountability Act: The Housing Accountability Act (HAA) is intended to promote housing production and accelerate the approval of housing development projects. The HAA states that a city cannot disapprove a project, reduce its density, or otherwise make a project infeasible, when the project City Council/RSA Agenda 230 Tuesday, September 13, 2022 complies with objective standards. The HAA applies to all "housing development projects" which the State defines as: residential units, mixed-use developments (with at least two-thirds of the square footage designated for residential use), and transitional or supportive housing.

Senate Bill 330 Permit Review and Senate Bill 35 Project Streamlining: SB 330 and SB 35 were enacted in in recent years to strengthen the HAA in response to California’s intensifying housing crisis.

SB 35 and SB 330 are intended to increase housing production by streamlining permit processes and making it more difficult for communities to deny or reduce the density of housing projects that meet objective General Plan and Zoning Ordinance requirements.

SB 330: Amended the HAA to limit the ordinances and policies that can be applied to housing developments. Key components include prohibiting jurisdictions from imposing new subjective design standards; prohibiting jurisdictions from lessening the intensity of housing through new policies, standards, and conditions; limiting the number of public meetings to five; and establishing a preliminary application process (only standards adopted and in effect when a preliminary application is submitted can be applied).

SB 35: Certain project types are eligible for a streamlined review process if specific requirements are met such as the percentage of affordable units and consistency with objective design standards. For SB 35 projects, only a ministerial review is required. No CEQA review is required if the project meets the applicable exemption criteria, and no discretionary review (e.g., Planning Commission, or City Council review) is required. Subjective design criteria cannot be applied.

Based on Union City’s progress towards its current 5
th Cycle Regional Housing Needs Allocation
(RHNA), a project would need to provide 50 percent of the units as affordable to qualify for this type of streamlining. For some jurisdictions who have not done as well in producing housing, a project would only need to provide 10 percent of the units as affordable to qualify.

Through these bills, and more recent legislation such as SB 9 (which only applies to single-family residential properties), the State has dramatically limited city’s ability to apply so called “subjective” design criteria to housing developments. As a result, the City can now only rely on objective design and development standards, which do not involve discretion or subjective judgment, for the majority of new multi-family and mixed-use projects.

Project Background
It is anticipated that the recent efforts of the State legislature to streamline approvals for certain types of residential development and to facilitate the production of housing will continue. Due to this, the City is anticipating additional limitations on its ability to require discretionary review processes for certain types of multifamily and mixed-use development. As a result, review and approvals for these housing developments will be ministerial, which means that they are handled similar to a building permit review with no hearing process, public noticing, CEQA review, or consideration by the Planning Commission or City Council.

In 2019, the State Housing and Community Development Department (HCD) released a Notice of Funding Availability for approximately $123 million in revenue earmarked for local government planning grants. Union City received funding under the Senate Bill 2 (SB 2) Planning Grants Programs for financial and technical assistance to update planning documents to accelerate housing production and streamline the approval of housing development. The City is utilizing these funds for this project.

The Multi-family Objective Development Standards Project includes incorporation of objective design standards and development standards (which include the City's standard conditions of approval routinely applied to projects as part of a project's Site Development Review application process) into the City’s Municipal Code. This will ensure that housing development projects will be required to comply with these criteria absent a discretionary review process. The project will continue Union City’s practice of maintaining a standard of high-quality design for new projects, while easing and streamlining the process for applicants, and complying with State Law. On August 18, 2022, the Planning Commission received a presentation regarding the project.

City Council/RSA Agenda 231 Tuesday, September 13, 2022

DISCUSSION
Objective Development Standards
Existing Process
Currently, most housing development projects in Union City are discretionary and subject to a thorough architecture and site review of the project process by the Planning Division. The majority of new multi-family residential development is approved at the City Council level with a recommendation by the Planning Commission. Through this existing process, multi-family and mixed-use projects begin with a preliminary review, followed by a formal application process, which concludes with a public hearing with the Planning Commission and City Council. Projects are evaluated based on conformance to guidelines and standards in the General Plan, a specific plan (if applicable), and the Union City Municipal Code. Some of these existing guidelines and requirements are considered “subjective” because they allow a discretionary interpretation by the reviewing body.

Defining “Objective” Standards
State law defines an "objective" standard as one that involves no personal or subjective judgment by a public official. Objective standards are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and the public official prior to submittal.

Objective standards are measurable and predictable in their application and result. In contrast, a subjective standard is one that cannot be measured and requires interpretation. For example, a requirement of a “20-foot minimum front yard setback” is an objective standard. In contrast, “front yard setback consistent with the character of the neighborhood” is subjective because it requires a determination as to what “consistent with the character of the neighborhood” means.

Community Outreach and Process
The Multi-family Objective Development Standards Project began in early 2022 with analysis and assessment of existing housing developments, design standards, and policy objectives in Union City. This included conversations with architects and developers of recent projects, to understand their experience using the City’s Zoning Ordinance and perspectives on design standards.

In October, City staff and the project consultants will conduct outreach efforts with community members to explore design and development standard options for consideration, including an on-line survey in multiple languages and outreach at the local Farmer’s Market. Based on this feedback, the project team will prepare draft objective standards for review and consideration by the Planning Commission and City Council. The community will continue to be encouraged to participate throughout the process, which is anticipated to conclude in spring/summer 2023.

Analysis andAssessment of Existing Design Context
As part of the Analysis and Assessment phase, the project team has developed the attached Design Context Analysis (Attachment 1). This illustrated exhibit analyzes existing conditions and identifies all zoning districts where the objective standards would be applied once adopted. It also highlights likely development sites in the City where standards would be implemented, based on the housing inventory opportunity sites listed in City Council/RSA Agenda 232 Tuesday, September 13, 2022 the 2023-2031 Draft Housing Element. For each site, neighborhood, or district, the analysis explores existing conditions and policies that may inform the draft design standards for the various districts. This includes:

Physicalconditions, such as site size and depth;
Design context, such as surrounding development and neighborhood features; and Zoning limitations, such as maximum density and height.

Together, these elements contribute to the type of development that is feasible on a given site and the design and development standards that may be appropriate. Different standards would apply to different areas based on this context. For example, new projects within the Station District would have their own look and feel, reflecting the large sites, higher allowable densities and heights, and recently completed contemporary architecture within the Station District. In contrast, projects within existing, established neighborhoods would have a different character, reflecting the existing neighborhood context and traditional architecture, such as within the Historic Alvarado District or along Mission Boulevard.

FISCAL IMPACT
City Council Resolution 5540-19, adopted November 12, 2019, approved the consultant service agreement with Miller Planning Associates for the project. The agreement is funded through a SB 2 grant received from the State.

RECOMMENDATION
Staff is in the early stages of this significant zoning update that is required as a result of State legislation. It is brought to the City Council now as an informational report to familiarize the Council with the topic and respond to any Council questions or feedback. As the process continues, the Council will receive another update prior to the public hearing for finalconsideration.

At this time, staff recommends that the City Council receive the presentation on the Multi-family Objective Development Standards project informational update.

Prepared by:

Coleman Frick, Senior Planner
Submitted by:

Coleman Frick, Senior Planner
ATTACHMENTS:

Description Type
Attachment 1--Design Context Analysis Attachment
Power Point Attachment
City Council/RSA Agenda 233 Tuesday, September 13, 2022 880
880

MULTI-FAMILY AND MIXED-USE HOUSING AREAS
0 250 500 750 1,000
Feet
Station East Mixed Use Residential (SEMU-R)
Station Mixed Use Commercial (CSMU)

LAND USE DESIGNATIONS
Residential - (10-17 du/ac)
Residential - (17-30 du/ac)
Marketplace Mixed Use (MMU)
Corridor Mixed Use Commercial (CMU)
Village Mixed Use (VMU)
City Boundary
Station District Specific Plan Area
Housing Element Opportunity Sites
Union City BART Station
BART Line
Union Pacific Railroad (UPRR)
(Future) Quarry Lakes Parkway

MISSION BLVD

ALVARADO-NILES RD

ALVARADO BLVD
UNIO

N CITY BLVD
U
N
IO
N
C

TY I BLVD
DECOTO
RD
DECOTO
RD

W WHIPPLE RD

WHIPPLE RD

HIPPLE RD

CENTRAL AVE
YER ST
D
Union City context for
the Multi-Family objective
Development standards
project
This Design Context analysis explores existing
conditions that may inform development of
objective design standards for multi-family
development, including multi-family housing in
mixed-use development (housing above commercial
uses on the ground floor) in Union City.

Physical conditions, such as site size and depth;
design context, such as surrounding development;
and zoning limitations, such as maximum
density and height, all contribute to the type of
development that is feasible on a given site and the
design standards that may be appropriate.

The city’s opportunities for multi-family housing are
limited. Multi-family housing is possible in the zones
colored on the map. Much of these areas have been
built out with residential uses that are unlikely to
redevelop in the near term.

New multi-family or mixed-use housing is most
likely to be built on the potential Housing Element
opportunity sites that have been identified
by the City. These projects would result from
redevelopment of commercial uses or other
underutilized sites.

Opportunity sites allow multi-family or residential
mixed use development densities over 17 units/acre.

At the lower density end of the range, townhouses
are anticipated. Higher densities will support
apartments and condominiums in stacked flats, with
podium parking at the highest end of the density
range.
2 4
3 1

CITY OF FREMONT

CITY OF UNION CITY

CITY OF HAYWARD

CORRIDOR INFILL SITES

HISTORIC

ALVARADO

DISTRICT

STATION

DISTRICT
QUARRY
LAKES

PARKWAY
SITES
#
Multi-Family and mixed-use housing areas

AREAS MOST LIKELY TO

DEVELOP
These areas contain the
majority of potential multifamily housing sites. Detailed characteristics of each area are
explored on the next pages
City Council/RSA Agenda 234 Tuesday, September 13, 2022 1 Station district Area - MMU and SEMU

SUBAREAS
The Marketplace Mixed Use (MMU) and Station East Mixed
Use (SEMU) Residential zoning designations allow 100 du/ac, which equates to 4-6 story apartment/condo buildings, with ground-floor retail, if desired.

The Station District Specific Plan and
EIR will be brought to the decision
makers in Fall 2022. The Plan will
specify development standards and
establish design intent for the Station
District area around the Union City
Intermodal Station.

This project will identify objective
design standards, which will apply
to the remaining residential and
residential mixed use sites available
for development in the Station
District. >>
>> Marketplace Subarea: The Marketplace District is a commercial area envisioned to transform into a mixed-use retail, office, hotel, and residential district.
• General Plan Direction: Develop buildings along the edge of streets and at the corners to visually connect the four sites that are bisected by streets and to support the pedestrian environment (Policy SA-6.2)
• New buildings are ideally oriented towards the promenade to the BART station and the Station Center to strengthen the connection to the Intermodal Station
>> Existing Retail Sites on Alvarado-Niles Road: Mixed use residential development is allowed within any site located in the Marketplace Subarea. However, these sites are occupied by multiple commercial tenants, with various lease terms so the timing of redevelopment is uncertain.
• The current amount of retail needs to be retained in any future redevelopment
• The owner of the Safeway Marketplace shopping center expects to phase redevelopment with existing lease terms and development of surface parking lots or integration into new development has yet to be determined
>> Station East Subarea: The northern portion of Station East includes two large rectilinear parcels, totaling 7 acres, which are intended for housing.
• Redevelopment of the existing industrial uses will
necessitate new sidewalks and connections to
proposed pedestrian and bicycle facilities, which will
connect to the larger Station District area and the
Intermodal Station
• “Active edges” are desired on 7th Street and Zwissig
Way
• The General Plan calls for the scale of new
development to transition down along 7th Street to the
adjacent single-family neighborhood across the street
(Policy SA-4.14)
• New development also needs to integrate screening,
buffers, and landscaping to reduce potential conflicts
with existing and future employment and industrial
uses to the southeast (Policy SA-4.16)
Planned Project: Union Flats Block 2, which may be similar in form to the first phase of Union Flats.

Alvarado Niles Road
Decoto Road
Decoto Road
11th Street
Mission Boulevard
7th Street
Rendering of Station East,
an approved mixed-use
multi-family housing project
being developed by Integral
Communities.

City Council/RSA Agenda 235 Tuesday, September 13, 2022 2 Anticipated development typology
Station district - Gateway Subarea and Restoration site The range of anticipated development includes townhomes and apartment buildings.
• Station Mixed-Use Commercial allows up to 165 du/ac which would accommodate 5-8 story apartments
• Corridor Mixed Use Commercial (CMU) ground-floor
commercial podium with upper story residential, with heights up to 55 feet
• Residential 17-30 du/ac will likely result in a mix of 2-3 story townhouses, duplexes, and triplexes
>> Restoration Site: This City-owned site was part of a former steel production facility and consists of a 22-foot mound containing material from the clean-up process and an engineered cap. The site is envisioned to include a flexible mix of residential and/or office uses with the potential for ground floor retail uses. It is envisioned the material will be removed to allow for development of the entire 16-acre site. A portion of the 14-acre site is identified in the draft Housing Element as a housing site.

>> Commercial Property on Alvarado Niles Road:

This RV-storage facility is a 1.6-acre rectilinear housing opportunity site. Proposed to be designated as Corridor Mixed Use Commercial (CMU) in the Specific Plan, the site is envisioned for ground-floor commercial podium with upper story residential, with heights up to 55 feet. However, the base density standard of 45 du/ac will likely limit the product type to 2 or 3 stories of residential and will not support the cost of podium construction.

These sites will also have access from the future Parkway, along with Alvarado-Niles Road. Access is constrained by the railroad at the rear of the property.
>> Gateway Subarea: The Gateway Sites would follow or
be developed in tandem with the Quarry Lakes Parkway
project. The sites includes large vacant parcels, with
densities up to 17 du/ac and 30 du/ac respectively. The City has identified a mix of townhouses and apartments for the 26 acres of developable area. Future development will include new open spaces and new infrastructure including sidewalk and streetscape improvements. New development
and open spaces would face onto the new 4-lane parkway, which would be at-grade, with grade-separated bike and
pedestrian facilities. Open space opportunities may be
provided as stand-alone public space or could be developed in coordination with residential development. The City
is supportive of an agrihood concept where housing is
integrated with agricultural uses.

The Station District Specific Plan, currently being drafted, will specify development standards and establish design intent for the areas around sites related to Quarry Lakes Parkway.

The Gateway Subarea includes property owned by the City, some of which will serve as the site of the future Quarry Lakes Parkway. The future parkway is a planned four-lane local street with buffer bike lanes and a separated Class I multi-use trail that connects Paseo Padre Parkway in Fremont and Mission Boulevard in Union City. This roadway, parallel to Decoto Road creates a new access to the Station District Area and the east side of the Union City BART Station with a direct connection to 11th Street. It includes significant lands that have been acquired in preparation for the future right-of-way and grade separation. >>
Future Quarry Lakes Parkway
11th Street
Alvarado Niles Road
View of Quarry Lakes Parkway from 7th Street
City Council/RSA Agenda 236 Tuesday, September 13, 2022 >> Horner Street Site: This 6-acre triangular lot is currently occupied by a mini storage facility. Access is limited to Horner Street and closed to Whipple Road. Creek channels border two sides of the site. There may be an opportunity to orient and integrate with the existing neighborhood along Horner Street.

See detail in Draft Housing Element.

Upcoming Project: The Horner Street Mixed-Use Project
has been approved on the “Silver Dollar” site.
>> Union City Boulevard Site: This

6.76 acre site is made of several
parcels and will be redesignated
to VMU, which would allow
stand-alone commercial uses
and residential with ground floor
commercial uses.
>> Vallejo Street and
Granger Avenue Site:

This site will be rezoned
to allow for higher
density residential.
>> Union City Boulevard & Smith Street:

This collection of separately owned parcels is
approximately 1 acre and sits at the gateway
entrance to Smith Street from Union City Boulevard.

The site includes the “Smith Building” which is
not a historic resource due to major modifications
that have occurred over time. The building may
be removed with new development. The VMU
designation can accommodate ground-floor retail
with 2-stories of residential above or 3-story
townhomes clustered with rear-entry garages.

Opportunity sites are primarily on small (<1-acre) irregular shaped lots. On these lots, the Village Mixed Use (VMU) designation limits new multi-family housing to 40 feet and a maximum 1.5 FAR for housing and 1.0 for commercial. This would allow ground-floor retail with 2-stories of residential above.
3 Historic Alvarado district Anticipated development and types The Historic Alvarado District is
one of the oldest neighborhood
in the city and evokes an eclectic
historic character. The area was the
trading point for produce grown in
the area in the mid-19th century.

Smith Street has characteristics
of a classic Main Street with onestory false-front facades. Tall craftsman windows, awnings or
colonnade porches, and detailed
cornices are some of the elements
that can be found amongst the
eclectic mix that is associated with
small towns of the era. Many of the
historic buildings are missing or
heavily modified.

The 1989 Design Guidelines
highlight the historic character of
the area and call for future infill
development that is compatible
with the historical vernacular of
existing buildings.

Existing buildings are all built
close to the street and, on the
Smith Street corridor, separated
by limited setbacks and curb cuts,
which provide for a more urban
pedestrian-oriented context.

The General Plan calls for new
development to be oriented to
the sidewalk and to maintain an
active street frontage with wide
sidewalks, pedestrian amenities,
and extensive landscaping in the
pedestrian-oriented parts of the
District (Policy SA-11.6). The VMU
General Plan land use designation,
which allows higher densities and
mixed-use, will be rezoned as part
of the Housing Element update. >>
The “Smith Building” at Union City Boulevard and
Smith Street was the first commercial building to be
built in Union City and was known as the Alvarado
Hotel, but no longer represents the historic character.

Horner Street
Horner Street
Union City Blvd
Smith Street
Bulmer Street
Whipple Road
Bettencourt Way
City Council/RSA Agenda 237 Tuesday, September 13, 2022 Corridor infill sites on mission boulevard and
Whipple road
Use Residential (SEMU-R)
Commercial (CSMU)
0 du/ac)
Use (MMU)
Commercial (CMU)
VMU)
4 These scattered housing
element sites are zoned
for single-family (and
not multi-family) and not
considered as part of the
planning project.

Mission Boulevard: The General Plan calls for enhancement of this segment into a mixed-use district that enhances the image of the corridor and provides a visibly distinctive gateway into Union City from Hayward. Here are design considerations for sites on Mission Boulevard:
• Lot consolidation will be required to facilitate larger projects. Blocks are typically 200 to 400 feet long and 150 to 180 deep, and composed of multiple smaller rectilinear parcels (<1 acre) in various configurations • 1-story single family homes within the Decoto neighborhood are located on Second Street fronting potential development sites, so sensitive height transitions may be considered
• Mission Boulevard is a 4-to 6-lane arterial and a State Route (SR 238). Limited direct access, via curb cuts, may be permitted through the City’s development review process. New curbs cuts typically require right-turn only access restrictions due to the center median in the roadway. Alternatively, access may be taken off of side streets, as in the Mission Gateway project
• The General Plan prohibits individual unit entrances on Mission Boulevard Units should be located above the first floor, facing Mission Boulevard. Residential entries along 2nd Street are encouraged to reflect the residential character of the neighborhood and should have porches and stoops that orient directly to the street (Policy SA-9.6)
• Architectural character within this segment, and to the north and south, include Spanish and Mission style elements, such a red tile roofs, beige stucco, arched windows, porticos, and wood lintels above windows
>> Whipple Road: Cement Plant
Composed of over 4 acres, the triangular-shaped site
represents a significant opportunity for housing. It is currently an industrial site with one single family house. • Access is constrained by the Amtrak/Niles Subdivision railroad tracks to the west and Dry Creek to the
east. As a result, the site is cut-off from surrounding neighborhoods and access is limited to Whipple Road
• RM1500 zoning allows 17 to 30 du/ac residential density which supports townhome clusters or 2-3 story garden
apartments
The design of the Mission Gateway Project embodies many of the Mission Boulevard design features desired including access, height transitions, and architectural character.

The General Plan calls for the Masonic Home to serve as an inspiration for design along Mission Boulevard. (Policy SA9.4: Complement Masonic Home.) The Masonic Home’s design elements include brick, arched entries, and detailed columns.

Lazuli Landing is an approved 81-unit affordable housing project that will comprise an entire block. The 3-story apartment building is designed in a Mission style, and could serve as a catalyst for additional development.
>> The remaining opportunity site on Mission Boulevard
is a ½-acre rectilinear site, currently a surface parking lot.

CMU zoning allows 17 to 45 du/ac residential density and

1.5 FAR for mixed use which can allow 2-3 story apartments over ground-floor commercial, or townhome clusters. These densities are too low to support podium construction with mixed use wrap.

Mission Boulevard
Whipple Road
Decoto Road
City Council/RSA Agenda 238 Tuesday, September 13, 2022

MULTI-FAMILY OBJECTIVE

DEVELOPMENT STANDARDS PROJECT
ITEM 7.b | CITY COUNCIL| SEPTEMEBR 13, 2022
City Council/RSA Agenda 239 Tuesday, September 13, 2022 Create objective design and development standards for multifamily and mixed-use development:
 Implement City housing goals Quality designed projects Predictability for developers and community Consistency with State law

PROJECT OBJECTIVES
Objective design standards will apply to “housing developments”  Multi-family residential Residential mixed-use

APPLICABILITY
City Council/RSA Agenda 240 Tuesday, September 13, 2022

MULTI-FAMILY AND MIXED USE HOUSING
AREAS
Residential (10-17 units/acre)Residential (17-30 units/acre)Station East Mixed Use ResidentialStation Mixed Use CommercialCorridor Mixed UseVillage Mixed Use Marketplace Mixed Use
City Council/RSA Agenda 241 Tuesday, September 13, 2022 Project
InitiationSUMMER/FALL 2022
Draft Standards
Final Standards
AdoptionSPRING/SUMMER 2023
WE ARE
HERE

PROCESS
City Council/RSA Agenda 242 Tuesday, September 13, 2022 WHAT ARE THE RELEVANT STATE LAWS?
 Housing Accountability Act
Limits cities’ ability to deny or reduce density for housing projects that meet objective standards  SB 35 Streamlining
Streamlines review and approval of eligible affordable housing projects through ministerial approval process  Housing Crisis Act (SB 330)
- Limits cities’ ability to regulate
“housing developments”
- Residential- Mixed-use with 2/3 or more of
square footage for residential
- Multi-layered changes aimed at
early disclosure of objective requirements and a streamlined process City Council/RSA Agenda 243 Tuesday, September 13, 2022 “no personal or subjective judgment by a
public official and uniformly verifiable by
reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and the public official prior to submittal.”
City Council/RSA Agenda 244 Tuesday, September 13, 2022

OBJECTIVE STANDARDS
 “Building height shall not exceed 45
feet”
 “Buildings shall not exceed a length
of 200 feet on any side”
 “Trim at least one-half inch in depth
shall be provided around all windows”
 “Exterior walls within 20 feet of a
front or side property line shall include windows, doors, or other openings for at least 30 percent of the building wall area located between 2.5 and 7 feet above the level of the sidewalk” City Council/RSA Agenda 245 Tuesday, September 13, 2022

SUBJECTIVE STANDARDS
 “Front yard setbacks shall be
consistent with the character of the neighborhood”
 “Space key landscaping
components, such as trees and shrubs, consistent with the overall landscape design approach”  “Locate parking to reduce visual
impacts”
 “Architectural design and massing
shall demonstrate a cohesive design concept”
City Council/RSA Agenda 246 Tuesday, September 13, 2022

BULK & SIZE
- Height- Massing- Setbacks- Minimum Parcel Size- Min/Max Density- Floor Area Ratio (FAR)

OBJECTIVE STANDARDS
City Council/RSA Agenda 247 Tuesday, September 13, 2022

OBJECTIVE STANDARDS

APPEARANCE
- Articulation- Blank Walls- Building Materials- Roof Lines- Amount of Windows City Council/RSA Agenda 248 Tuesday, September 13, 2022

OBJECTIVE STANDARDS

FUNCTIONAL

ASPECTS
- Entrances - Parking- Landscaping- Lighting- Relation to other buildings City Council/RSA Agenda 249 Tuesday, September 13, 2022  Build on existing standards and guidelines
 Best practices Economic conditions Evolution of multi-family living and future flexibility Align with goals for walkable connected neighborhoods

APPROACH
City Council/RSA Agenda 250 Tuesday, September 13, 2022 STATION DISTRICT AREA: MMU, CSMU, AND
SEMU
 Largest concentration of
new multi-family and mixeduse development
 Marketplace Mixed Use( )
and Station East Mixed Use ( ): Up to 100 dwelling units/acre, allowing 4-6 story apartments over retail  Station Mixed-Use
Commercial ( ): Up to 165 dwelling units/acre, accommodating 5-8 story apartments Station East Rendering
Multi-family and Mixed-Use
Urban Flats Block 2 Rendering
City Council/RSA Agenda 251 Tuesday, September 13, 2022 STATION DISTRICT: GATEWAY AND

RESTORATION SITE
 Station Mixed-Use
Commercial: Up to 165 dwelling units/acre, accommodating 5-8 story apartments  Corridor Mixed Use:

Ground floor commercial with residential above, likely 2-3 stories  Residential 17-30
units/acre: Townhomes, duplexes, triplexes
Gateway sites: future
townhomes and affordable
housing, identified housing
opportunity site
Restoration site: mix of
uses, identified housing
opportunity site
City Council/RSA Agenda 252 Tuesday, September 13, 2022

HISTORIC ALVARADO DISTRICT
 Small, irregular lots Anticipated development
type: ground floor retail, 2-stories of residential above or 3 story townhomes Horner Street project rendering
City Council/RSA Agenda 253 Tuesday, September 13, 2022 INFILL SITES: MISSION BLVD AND WHIPPLE
Mission Gateway Project
Lazuli Landing rendering
 Small, rectangular lots Transition area between
a 4-6 lane street and a single-family neighborhood
 Anticipated development
type: ground floor retail, 2-stories of residential above or 3 story townhomes City Council/RSA Agenda 254 Tuesday, September 13, 2022

PLANNING COMMISSION MEETING
 August 18, 2022—Planning Commission informational
presentation
 Planning Commission supportive of approach One public comment received from a representative from the NorCal Carpenters Union, Local 713, regarding adding minimum labor requirements to Development Standards project City Council/RSA Agenda 255 Tuesday, September 13, 2022 DESIGN

PREFERENCE
SURVEY:

Online, Fall 2022
DRAFT
STANDARDS:

Winter 2022/2023
PUBLIC

REVIEW &
ADOPTION:

Spring 2023
Please visit unioncity.org/606/Objective-DevelopmentStandards for more information and to sign up for updates

NEXT STEPS
FARMER’S

MARKET,

BART AREA
BOOTHS:

Fall 2022
City Council/RSA Agenda 256 Tuesday, September 13, 2022

ONLINE SURVEY
Share your thoughts about the types of projects that would fit in Union City!
The photo-based survey will ask about visual preferences for a variety of design elements including building entries, windows, exteriors, and amenities Available in five languages
No ‘design’ expertise needed
Enter to win a $50 gift certificate
 What: Design Preference Online Survey  When: Available October 1st through October 31st  How: Via the project website: unioncity.org/606/Objective-DevelopmentStandards City Council/RSA Agenda 257 Tuesday, September 13, 2022 Recommendation
 Staff recommends Council receive the informational
report and provide any feedback
City Council/RSA Agenda 258 Tuesday, September 13, 2022 Agenda Item
DATE: 9/13/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: RECEIVE A REPORT ON THE STATUS OF THE DEVELOPMENT IMPACT

FEE UPDATE AND PROVIDE DIRECTION ON PROJECT PRIORITIES

FOR THE CAPITAL FACILITIES FEE UPDATE
Staff recommends that the City Council receive a report on the status of the Development Impact Fee Update and provide direction on project priorities for the Capital Facilities Fee Update.

STRATEGIC PLAN ALIGNMENT
Goal D: Environmental Sustainability and Infrastructure.

Strategy 4: Evaluate development impact fees for new development infrastructure: Decoto Industrial Park Study Area (DIPSA), Transportation Impact Fee, Fire, Parks Facilities Fee, Railroad Preemption Fees.

BACKGROUND
Development Impact Fees
The Mitigation Fee Act, California Government Code 66000 (also known as AB 1600), allows a local agency to assess a one-time development impact fee on a new development project to finance some or all of the cost of public facilities and infrastructure in support of the new growth that results from new development. The City has established several development impact fees that are assessed on all new development within the City to support needs that range from traffic signalization to city facilities, among others. Currently, development impact fees are only charged to new residential development in the City. Many of the fees, including their corresponding projects and basis for cost allocations, have not been evaluated or updated for several years.

The following are a list of new and existing fees the City is preparing to evaluate and update, guided by the new development projections assumed in the recently adopted 2040 General Plan for employment and household growth, as well as a comprehensive update to the DIPSA Specific Plan (aka Station District Specific Plan) which is currently in progress:

City Council/RSA Agenda 259 Tuesday, September 13, 2022 DIPSA Infrastructure Fee (Ordinance No. 675-06): The City established the DIPSA Specific Plan in 1994, and as part of that plan, a Financing Plan was adopted that specified fiscal and financial policies, identified needed public facilities and costs, and recommended financing mechanisms to pay for the facilities. The Financing Plan established the need for the creation of a DIPSA Infrastructure Fee as a means of ensuring that new development within the DIPSA Specific Plan boundary area pay its proportionate share for needed public facilities and infrastructure. The City formally adopted the DIPSA Infrastructure Fee in 1997. The fee was last updated in 2006 to reflect the development of additional projects considered necessary to complete the build out of the DIPSA as part of an update to the DIPSA Specific Plan.

The 2040 General Plan redefined the boundaries of the DIPSA and rebranded it as the Station District. The City is nearing completion of the DIPSA Specific Plan, now referred to as the “Station District Specific Plan,” to ensure consistency with the recently adopted Union City 2040 General Plan, while providing an opportunity to refine the vision, development policies, and implementation strategies for the Station District. As such, the fee needs to be updated to support the new capital projects identified in the updated plan.

Park Facilities Fee (Resolution No. 3237-06): The City created the Park Facilities Fee in 2006, which applies to residential development not associated with the subdivision of land. This fee applies to apartments (rental projects) only and is not applied to ownership housing. The fee can be used to pay for land acquisition for new parks or to reimburse developers who have dedicated land for such public facilities. This fee is applied citywide and is increased by CPI every fiscal year.

Fire Equipment Acquisition Fee (Resolution No. 5088-84): The Fire Equipment Acquisition Fee is used to cover the acquisition of fire protection equipment. The fee was adopted by Resolution in 1984 and applies citywide to buildings above two stories and all industrial buildings.

General Plan Cost Recovery Fee (Ordinance No. 583-02): The City adopted a fee in 2002 to recover the cost of preparation of a comprehensive update to the City’s 2002 General Plan. The City Council adopted the 2040 General Plan in 2019, which was also a comprehensive update. The General Plan Cost Recovery fee needs to be updated to recover the costs associated with this effort, and to cover future staff time associated with implementation and on-going monitoring of the General Plan.

Capital Facilities Fee (Ordinance No. 2652-04): The City established a Capital Facilities Fee in 1999, which is charged to new residential development. The Capital Facilities Fee applies to the development of singlefamily and multi-family units as well as accessory dwelling units (ADUs). The fee was increased in 2004.

Currently, the fee does not include a yearly CPI adjustment. Additionally, the projects covered by the fee have not been comprehensively reviewed since 2004.

Traf ic Signalization Fee (Ordinance No. 86.2-73): The traffic signalization fee was created in 1973, is charged on new development by the acre, and is collected by the Public Works Department to support traffic signalization improvements triggered by new development. The fee varies based on the type of development proposed and increases by CPI on a yearly basis.

Transportation Impact Fee (Proposed): The City is interested in establishing a Transportation Impact Fee (TIF) based on a metric of vehicle miles traveled (VMT). It is anticipated that this fee would provide funding for transportation improvements for a variety of modes including automobile, transit, bicycle, and pedestrian facilities. In addition, the fee would address improvements related to traffic signal preemption at railroad crossings throughout the City.

Plan Check and Grading Permit Fee (Ordinance No. 776-13): In addition to updating development impact fees, the Public Works Department is interested in updating their Plan Check and Grading Permit Fees.

City Council/RSA Agenda 260 Tuesday, September 13, 2022 Capital Facilities Fee
The City requires buildings, equipment and other “capital facilities” in order to provide services to the public.

Construction of new facilities, improvements to existing facilities, or acquisition of new equipment must be made over time to meet the demand imposed by new growth and development in the City. As such, the City established a Capital Facilities Fee (also referred to as the Capital Facilities Improvement Fund – Fund 4110) in 1999, charged to new residential development to support the facilities needs imposed by growth while maintaining existing levels of service. The fee was updated in June 2004 to increase the fee from $8,696 to $12,231 per unit for the development of single-family residential units; and from $6,132 to $8,624 per unit for the development of multifamily residential units. The update also added a $8,624 per-unit fee for the development of secondary dwelling units (also known as accessory dwelling units or ADUs).

Since 2004, the project list in the municipal code has guided City policy for building and infrastructure improvements. However, the projects and cost estimates used to determine the fee have not been comprehensively reviewed since 2004. As such, if the City’s capital facilities needs are not reviewed as new development occurs, the fee and the facilities it supports may not be adequate to support the community moving forward.

DISCUSSION
The purpose of this report is twofold: 1) to inform City Council of the current status of the Development Impact Fee Update, including an updated timeline for the completion of the fee study; and 2) to receive direction from City Council on their capital project priorities for the update of the Capital Facilities Fee. These items are discussed in further detail below.

Development Impact Fee Update
City staff and the consultant team are nearing completion of Phase 1 of the fee study, which focused on strategy development. This phase included a comprehensive review of the existing fees, including which to expand, eliminate or consolidate; reorganizing the current and proposed fees to meet the City’s needs and State requirements; and identifying strategies for updating the Station District Impact Fee and developing the new Transportation Impact Fee.

The Phase 1 strategies will organize our fees into four overarching fee programs. There will be three (3) fee programs that are “Citywide” and will be charged to development projects throughout the City. One (1) fee program will be a “Station District” fee that will be charged to development projects within the Station District Area in addition to Citywide fees. The Station District fee would replace the DIPSA fee; it would not be a new fee. Each program has distinct categories for project types. Proposed fee programs and categories are described below:

Table 1:Impact Fee Update Framework
Fee Program Fee Program Description Fee Program Categories (and project types)
Citywide (CW)
Transportation
Impact Fees
(New)
Fund multimodal transportation
improvement capital projects for
bicycle, pedestrian, trail, transit,
road/automobile facilities, upgrading
traffic signals, and undergrounding
high speed internet along City roads.
· CW Bike, Pedestrian, and
Transit Facilities
· CW Road and Car Facilities
· CW Smart Cities &
Technology (smart traffic
signals, high-speed fiber
undergrounding)
Citywide (CW)
Capital Facilities
Fund capital projects needed to
support growth in the City, which will
· CW Civic Facilities (City Hall,
rec centers, culturalcenters, and
City Council/RSA Agenda 261 Tuesday, September 13, 2022 Fees include improvements to various
categories of City buildings,
equipment, and other facilities.
other city buildings)
· CW Public Works Equipment
& Facilities (equipment,
vehicles, and Corp Yard)
· CW Public Safety Equipment
& Facilities (Police and Fire
equipment, vehicles, and
buildings)
· CW Utilities (undergrounding
telephone and power lines)
Citywide (CW)
Park
Improvement
Fees
Fund the City park improvements
needed to support future residential
growth in the City and willallow the
City to charge new non-subdivided
(e.g., multifamily/apartment)
development for park improvements.
· CW Park Improvements (park
buildings, playgrounds, etc.)
· CW Parkland Acquisition
Station District
(SD) Impact Fee
An additional fee charged to
development within the Station
District that will fund transportation,
capital facilities, and park
improvement projects that specifically
serve the Station District Area.
· SD Bike, Pedestrian, and
Transit Facilities
· SD Road and Car Facilities
· SD Smart Cities &
Technology
· SD Public Safety
Equip/Facilities
· SD Public Works
Equip/Facilities
· SD Utilities
· SD Park Improvements and
Acquisition
The fee programs developed in Phase 1 will guide the work conducted in Phase 2, which consists of the technical analysis and fee calculation. Phase 2 will begin this fall and will include the data collection, research and analysis required to establish the maximum justifiable fees for each fee program. This will include coordination with City departments to identify capital improvement projects that will be used to form the basis of each fee program, as well as their known or estimated costs; the projected growth served by these improvements; the appropriate allocation of project costs to new development for each fee program; and finally, a calculation of the maximum fee that could be charged by each fee program. This phase will also include analysis to update the General Plan Cost recovery Fee and Public Works Plan Check and Grading Permit fees. Findings from the technical analysis could also result in further changes in the restructuring of the fee programs and categories developed in Phase 1.

During Phase 3, the consultant team will analyze the fees of peer or neighboring jurisdictions to identify fee ranges that will remain competitive with other jurisdictions while ensuring the identified capitaland infrastructure improvements are supported. The consultant will also prepare technical reports that document assumptions, methodology, and establish the required nexus and legal rationale for creating each fee, in a manner consistent with State requirements. Two (2) community/stakeholder meetings will also be conducted to receive input on the draft report, and the draft and final study reports will be presented to the City Council.

With Phase 2 and 3 expected to take at least 9 months to complete, City staff anticipate having the reports finalized and fees updated by late spring 2023.

Project Priorities forthe Capital Facilities Fee Update City staff are seeking direction from City Council on their concurrence for projects to be used to determine the City Council/RSA Agenda 262 Tuesday, September 13, 2022 Citywide Capital Facilities Fee. To update the fee, capital improvement projects and their known or estimated costs are needed to form the basis of the fee. Therefore, staff seeks City Council input on:
· Project priorities from the current Capital Facilities Fee project list that should be removed or retained; · New projects identified through the 2040 General Plan that could be included in the new project list; and · Other capital facilities project priorities the City Council would like to consider.

Current Capital Facilities Project List
Current Capital Facilities projects are listed under UCM 18.105.150 in the municipal code (please see Ordinance 629-04, attached as Attachment 1). The current project list was last updated in 2004 and is nearly identical to the list approved in 1999. The current list projects, including supporting documents, project status, and analysis, is provided below. City staff have provided recommendations on what projects to retain, remove, and which require further Council discussion. Please note that while the recommended action may be to retain a project, the project may be reallocated to other fee programs:

Table 2: Current Capital Facilities Project List (per UCM 18.105.150) No. Project Name Supporting
Documents
Project
Status
Rec’d.

Action
Discussion
1 Intermodal
Station,
including
Parking
Garage
Strategic Plan;
2040 General
Plan; Draft
Station District
Specific Plan;
Ongoing Consider
retaining
Numerous
improvements have been
made to the Union City
BART station and two
major residential
developments are
completed (with one
providing public garage
parking). City owns
significant land in the
Station District that is
planned for future
residentialand
commercial
development. Much
work is still required to
complete the Intermodal
Station, which has a
community-wide benefit.

Historically, parking was
identified as an
important need, but
future travel patterns are
hard to predict.
2 Bus Transit
Centerin Union
Landing
Union Landing
Redevelopment
Plan; Alameda
County
Transportation
Commission
Countywide
Transportation
Plan
Completed Consider
retaining
The Union Landing Bus
Transit Center was
completed in 2003.

Plans to modernize the
Union Landing Transit
Center (including
expanding bus lanes and
adding EV
infrastructure) are in
process.

City Council/RSA Agenda 263 Tuesday, September 13, 2022 3 Library Strategic Plan;
2040 General Plan
Not started Consider
retaining
Exploring the feasibility
of a new or updated
library is in the Strategic
Plan and General Plan.

The library has not been
substantially updated
since 1976.
4 City Hall
Expansion
Strategic Plan;
2040 General Plan
Ongoing Consider
retaining
City Hall is at capacity
and staff are exploring
ways to improve
efficiencies and
maximize space for new
staff. A long-term
facilities master plan
could offer more clarity
on future expansion
options.
5 Parking
Garage at Civic
Center
Strategic Plan Not started Consider
retaining
City Hall is at capacity
for parking and staff are
exploring ways to
maximize parking space
for residents and staff. A
long-term facilities
master plan could offer
more clarity on future
options.
6 Community
Centers
Capital
Improvement
Plan; Local
Hazard Mitigation
Plan (LHMP);
Draft Station
District Specific
Plan
Ongoing Consider
retaining
The City currently
operates four
community centers and
severalancillary
facilities. Ancillary
facilities include: Studio
11, Bike Workshop,
Boxing Gym, May
Center, Smith Street
Fire Station (museum),
Decoto Resource
Center and Alvarado
Resource Center. The
City also operates four
portable classrooms:

CERT, Camp
Hedgehog, Marsh Hawk
Day Camp at William
Cann, and the Kennedy
portable building. The
LHMP also notes that
certain community
centers should be
upgraded to operate as
essential facilities for
emergency operations.

City Council/RSA Agenda 264 Tuesday, September 13, 2022 7 Cultural Arts
Center
2002 General Plan Not started Consider
retaining
Studio 11 currently fills
some of this need on a
small scale; however, the
lease for Studio 11 ends
in 2023.
8 Science Center 2002 General
Plan; 2040
General Plan
Not started Seek further
input from
Council
The 2002 General Plan
identifies developing an
interpretive center
adjacent to the wetlands
west of Union City
Boulevard. The 2040
General Plan identifies
establishing a drop-in
innovation and maker
space for residents.
9 Union City
Boulevard
(UCB)
Widening/Bike
Facilities
Capital
Improvement
Plan; 2040
General Plan
Ongoing Consider
retaining
This project is funded
from Fremont city limits
to Smith Street.

However, the northern
segment from Smith
Street to Hayward city
limits in not funded.
10 Whipple Road
Widening
2040 General Plan Not started Consider
retaining
Long-term road
widening is needed,
especially as the Central
Bay Business Park is
required to use Whipple
Road as a truck route.

Safety improvements are
also required in the
Decoto neighborhood
along Whipple Road.
11 Fire Station Capital
Improvement
Plan; Draft
Station District
Specific Plan
Completed Consider
retaining
Population growth may
require the City to
explore additional or
expanded facilities.

12. Police Facilities Strategic Plan;
2040 General
Plan; Draft
Station District
Specific Plan
Ongoing Consider
retaining
UCPD needs new or
improved facilities as the
main station is at
capacity and has been
maximized for current
staffing levels. Two
substations offer
additional space at
Union Landing (lease is
paid by the Union
Landing PBID and ends
in 2025) and at the Four
Corners (lease ends in
2029).
13 Fire Pumper Draft Station Ongoing Consider The City purchased a City Council/RSA Agenda 265 Tuesday, September 13, 2022 trucks District Specific
Plan
retaining pumper truck in FY
2016 and a quint
(pumper and ladder)
truck in 2018. There are
additional needs for fire
apparatus due to future
growth.
14 Police
Equipment
Capital
Improvement
Plan; 2040
General Plan;
Draft Station
District Specific
Plan
Ongoing Consider
retaining
Police equipment
upgrades (radios, bodyworn cameras, vehicles,
etc.) are frequently
needed. City should
anticipate the need for
additional Police
equipment due to future
growth.
15 Street
Sweepers
Capital
Improvement Plan
Ongoing Consider
retaining
Public Works last
purchased a Street
Sweeper in 2016. City
should anticipate the
need for additional
Public Works equipment
that are newer and more
energy efficient.
16 Bike
Lanes/Trails
Capital
Improvement
Plan; Bicycle and
Pedestrian Master
Plan; 2040
General Plan;
Draft Station
District Specific
Plan
Ongoing Consider
retaining
Numerous bicycle,
pedestrian, and trail
facility projects are
planned for development
in the 2021 Bicycle and
Pedestrian Master Plan.
17 Community
Park
Improvements
Capital
Improvement
Plan; 2040
General Plan;
Draft Station
District Specific
Plan
Ongoing; Consider
retaining
City will need to
improve park facilities to
accommodate more
intensive use from
population growth.
18 Gymnasium and
Pool Complex
2002 General Plan Partially
complete
Seek further
input from
Council
City completed the
Mark Green Sports
Center in 2007. An
indoor swimming facility
is listed in the 2002
General Plan.

To sum and per the analysis in Table 2, City staff are recommending City Council to:

1. Consider retaining the following projects for the Citywide Capital Facilities Fee Program, or other fee program: Intermodal Station, including Parking Garage; Bus Transit Center in Union Landing; Library; City Hall Expansion; Parking Garage at Civic Center; Community Centers; Cultural Center; Union City Boulevard City Council/RSA Agenda 266 Tuesday, September 13, 2022 Widening/Bike Facilities; Whipple Road Widening; Fire Station; Police Facilities; Fire Apparatus; Police Equipment; Street Sweepers; Bike Lanes/Trails; and Community Park Improvements.

2. Provide further direction on whether the Science Center and Pool Complex should remain project priorities, or if they should be removed.

New Projects Identified through Recent Planning Ef orts Additionalcapital projects of city-wide benefit not listed in our past project list have been identified through our recent planning efforts like the Strategic Plan, 2040 General Plan and draft Station District Specific Plan.

These new capital projects, including their description and current status, are listed below. City staff request direction from City Council on whether any of the following projects should be included as a Capital Facilities project. Again, these projects may be reallocated to different fee programs as needed.

Table 3: New Projects from Recent Planning Efforts
Project Name Source Plan Description Current Status
High Speed
Internet/Fiber
Installation
2040 General
Plan
Expand high speed
internet in Union City,
including implementing
the installation of fiber in
the Station District and
citywide.

City staff are currently working
on a Traffic Signaland
Communication Master Plan,
which will include installing fiber
for key City facilities and along
certain traffic intersections.

Renewable
Energy Sources
at Municipal
Facilities
2040 General
Plan
Seek out opportunities
to develop renewable
energy sources, such as
the installation of
photovoltaic systems, at
municipal facilities.

This work is ongoing. Solar
panels have been installed at the
Corp Yard, Mark Green Sports
Center, and the Holly Center.

Greening the
City Fleet
2040 General
Plan
Reduce consumption of
carbon-intensive fuels
through the purchase of
more efficient or
alternative-fuel vehicles
and infrastructure.

A recent assessment indicated
the City will need to install
Electric Vehicle (EV) fuel
stations to convert to electrical
vehicles. Future EV vehicles will
be dependent on available
funding for vehicle purchase and
EV charging station installation.

Union City
Transit
Improvements
2040 General
Plan; Strategic
Plan
Perform capital
improvements to Union
City Transit facilities
and provide
infrastructure
improvements to
support the zeroemission transit fleet.

Union City Transit was recently
awarded a $9 million federal
grant to procure electric buses
and transit related charging
infrastructure. Corp Yard
improvements will be
coordinated with the
construction of Quarry Lakes
Parkway.

Emergency
Operation
Center(EOC)
2040 General
Plan
Modernize and/or
relocate our Emergency
Operations Center
The Ruggieri Senior Center is
the current EOC. A feasibility
study is needed to evaluate
potential new sites and determine
required infrastructure and
technology for an updated or
relocated EOC.

OldAlameda Draft Station Create a new passive Quarry Lakes Parkway will City Council/RSA Agenda 267 Tuesday, September 13, 2022 Creek District
Specific Plan
open space with
ecologicalareas, and
bicycle and pedestrian
connections in the creek
adjacent to Arroyo
Park.
require a sophisticated drainage
and water treatment system.

Revitalizing Old Alameda Creek
will potentially support this
system while offering new
recreationaland open space
opportunities for residents.

Project is currently in the design
phase.

Station District
Mobility Hub
Draft Station
District
Specific Plan
Create an intermodal
mobility hub that
integrates various
transportation services
and amenities to offer
convenient first and last
mile non-automobile
connections at the
intermodal station.

Staff are currently exploring
potential third party partnership
opportunities for development.

City Council Project Priorities
Last, City staff request that City Council provide any additional project priorities that may have not been listed above to be included for consideration in the Citywide Capital Facilities Fee Program. The Council should focus on potential projects that are needed to further support future residentialand economic growth in the City over the next 15-25 years. City staff and the consultant team will evaluate all proposed projects, determine if they’re eligible, organize projects into their correct fee program and identify project costs during Phase 2.

Conclusion
As the City embarks onto Phase 2 of the development impact fee update,City staff will work diligently over the coming months to identify appropriate projects for the impact fee update. These projects will be used to develop the basis for updating the City’s development impact fees. These new or updated fees will be used to support the City’s future infrastructure needs. Therefore, it is critical for staff to receive input from City Council input on capital project priorities at the start of this process.

FISCAL IMPACT
There is no fiscal impact to the City from the City Council in receiving this report, nor is there a fiscal impact in the City Council providing its project priorities for updating the Capital Facilities Fee.

RECOMMENDATION
Staff recommends that the City Council receive a report on the status of the Development Impact Fee Update and provide direction on project priorities for the Capital Facilities Fee Update. Staff are prepared to continue this item for further discussion, should the City Council request project updates, have additional questions or request more information.

Prepared by:

Jonathan Segarra, Management Analyst II, City Manager’s Office City Council/RSA Agenda 268 Tuesday, September 13, 2022 Submitted by:

Jonathan Segarra, Management Analyst II, City Manager’s Office ATTACHMENTS:

Description Type
Attachment 1: Ordinance 629-04 - Capital Facilities Fee Attachment Power Point Attachment
City Council/RSA Agenda 269 Tuesday, September 13, 2022 ORDINANCE N0. 04629-

AN ORDINANCE OF THE CITY OF UNION CITY
AMENDING TITLE 18 OF "THE UNION CITY MUNICIPAL CODE
AT- 0404-
THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS:

SECTION 1. Pursuant to Section 18.64 of the City of Union City Municipal Code, the City Council of the City of Union City does hereby find the textual change embodied in this ordinance necessary and desirable to achieve the purposes of Title 18 of the Municipal Code of the City of Union City and to promote the public health, safety, morals, comfort, convenience, and general welfare of the residents ofthe City of Union City;
SECTION 2. The amendment to Title 18, Chapter 18.105, Development Impact Fees of the Union City Zoning Ordinance, is hereby amended as shown in Exhibit A attached hereto and made a part hereof as if fully set forth, to consolidate the Public Buildings and Transit Facilities accounts, add two new projects to the Capital Facilities Fee project list and remove specific account percentages from the zoning text.

SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its passage.

Before the expiration of fifteen (15) days after its passage, this Ordinance shall be published once in THE ARGUS, a newspaper of general circulation, printed and published in the County of Alameda and circulated in the City of Union City..

City Council/RSA Agenda 270 Tuesday, September 13, 2022 ORDINANCE NO. 04629-
The Foregoing Ordinance was introduced and read before the City Council of the City of Union City by Councilmember Dutra-Vernaci at the regular meeting of the Council of the City of Union City on July 13, 2004. Ordinance was read at the regular meeting of the City Council held on July 27, 2004, by Councilmember Valle who moved that it be adopted and passed, which motion was duly seconded and said Ordinance was passed and adopted and ordered published within fifteen (15) days of the date of adoption in THE ARGUS, a newspaper of general circulation, published, printed in the County of Alameda and circulated in the City ofUnion City, by the following vote:

AYES: Councilmembers Dutra-Vernaci, Elias, Valle, Vice Mayor Fernandez, Mayor Gz-een
NOES: None
ABSENT: None
SECONDED: Councilmember Dutr;
ATTEST:
t~

CI C RK
APPROVED AS TO FORM:
7 CITY ATTORNEY
City Council/RSA Agenda 271 Tuesday, September 13, 2022 Exhibit AChapter 18.105

DEVELOPMENT IMPACT FEES
Sections:
a
Article I. General Provisions for Development Fees

18. 01015.Authority.

18. 02015.Application.

18. 03015.Fee credit.

18. 04015.Fee adjustment, waiver or finding of exemption.

18. 05015.Appeal procedure.

18. 06015.Refund of fee.

18. 07015.Payment under protest.

18. 08015.Developer'sacknowledgment of fee adjustment or waiver.

Article II. Capital Facilities Fee

18. 09015.Intent and purpose.

18.001p5.Definitions.

18.1015.Capital facilities fee requirement.

18.2015.Exemptions.

18.3015.Time of payment.

18.401p5.Notice.

18.5015.Fee account and list of projects.

18.6015.Use of fee.

18.7015.Reimbursement.

18.8015.Annual review.

18.9015.Termination of fee.

18. 20015.Relationship of CFF to certain other fees.

18. 21015.General provisions apply.

Article I. General Provisions for Development Fees

18. 01015.Authority.

This chapter is enacted under the police power of the City and under Government Code Section 66000 et seq. (Ord. 532-99 § 2 (part), 1999)

18. 02015.Application.

This chapter applies to development impact fees charged as a condition of development to defray the cost of public services, facilities, improvements and amenities. The cost of developing and administering the City's development impact fee program may be included as a component of the established fees.

This chapter is not intended to and does not apply to in lieu fees for park land acquisition imposed under Government Code Section 66477 (Quimby fees); regulatory and processing fees; fees required under a development agreement; fees collected under agreements with the City's Redevelopment Agency which provide for the redevelopment of property in furtherance or for the benefit of a redevelopment project; funds collected under a reimbursement agreement; or assessment district proceedings, assessments or taxes. (Ord. 532-99 § 2 (part), 1999)
City Council/RSA Agenda 272 Tuesday, September 13, 2022

18. 03015.Fee credit.

A. The Director of the Community Development Department is authorized to credit development fees imposed under this chapter in consideration for certain on-site and off-site facilities, improvements constructed ar paid far by the developer, or the inclusion of below market rate housing units within the project.

A developer is entitled to credit for the value of improvements if the improvement is identified by the City as a priority project to be funded within the three-year period immediately following the completion of the facility and the developer (1) dedicates an appropriate site, (2} constructs the improvements, (3) finances an improvement by cash, assessment district, or Mello-Roos Community Facilities District, or (4) a combination of the above.

B. A decision regarding a fee credit is appealable under Section 18. 050. 15 Ord. 532-99 § 2 (part), 1999}

18.105A40 Fee adjustment, waiver or finding of exemption.

A. The developer of a project subject to a development fee under this chapter may apply to the Director of Community Development for an adjustment to or waiver of that fee or far a finding that the project is exempt from the fee. The waiver or adjustment of a fee shall be based upon the absence of any reasonable relationship between the impact on public facilities of that development and either the amount of fee charged or the type of facilities to be financed. Additionally, in considering a fee adjustment, waiver or exemption, for a project with below market rate housing units, the developer must demonstrate that the project would not be economically feasible and could not be built with the imposition of the fee.

B. The application shall be made in writing and filed with the Director of Community Development no later than the time of the issuance of a building permit authorizing construction of a new residential dwelling unit. The application shall state completely and in detail both the applicant'sfactual basis and legal theory for adjustment or waiver, and compare its proposal with the analysis set forth in the technical report prepared for the fee being challenged. The Director of Community Development may refuse to consider factual assertions or legal theories not set forth in the written application.

C. The Director of Community Development shall consider the application at an informal hearing, which may be continued from time to time, and which shall be held within sixty days after the filing of the complete application. The decision of the Director of Community Development is appealable under Section

18. 050. ( 15Ord. 532-99 § 2 (part), 1999)

18. 05015.Appeal procedure.

A. The Director of Community Development is responsible for administering, collecting, crediting, adjusting and refunding development fees. A decision by the Director of Community Development regarding a fee imposed under this chapter shall be appealable in accordance with this section. A person appealing under this section shall have first sought a fee credit under Section 18. 030, 15.or an adjustment or waiver, or a finding of fee exemption under Section 18. 040. 15A person seeking judicial review shall first complete an' appeal under this section and shall pay all City charges for that appeal.

B. A person appealing a decision under this chapter shall file an appeal with the City Clerk, who is responsible for processing the appeal toward a hearing.

The appeal shall be in writing, stating completely and in detail the factual and legal grounds, and shall be filed within ten calendar days following the decision being appealed.
2 City Council/RSA Agenda 273 Tuesday, September 13, 2022 C. The cost of the appeal shall be borne by the applicant, who shall pay a deposit against such cost at the time of filing the appeal. The amount of the deposit shall be established by resolution of the City Council. The cost of an appeal must be paid in full before the appeal hearing takes place.

D. The City Clerk shall notify the City Manager of the appeal, and the City Manager shall appoint a hearing officer.

E. The appointed hearing officer shall set the time and place for the hearing, serve notice on the parties, conduct the hearing, prepare written findings of fact and a written decision on the matter, and shall preserve the complete administrative record of the proceeding. The hearing officer may issue directives, including but not limited to directives that legal briefs be submitted in accordance with an established briefing schedule, to the parties in order to facilitate resolution of the appeal. The hearing officer shall consider relevant evidence presented by the appellant and by the Community Development Department.

F. The decision of the hearing officer is final and may not be further appealed; it is reviewable by a court under Code of Civil Procedure Section 1094.5. (Ord. 532-99 § 2 (part), 1999)

18. 06015.Refund of f~ae.

A. If a building permit or use permit is canceled or voided and the fees paid have not been committed, the Director of Community Development may, upon the written request of the applicant and provided that work has not progressed to a point that would permit commencement of a new, changed or expanded use for which a fee would be payable, order return of the fee and interest earned on it less administrative costs.

B. If a fee is not spent or committed five years or more after it was paid, the Director of Community Development may authorize a refund to the then owner of the property for which the fee was paid, under Government Code Section 66001.

C. A decision regarding refund of a fee is appealable under Section

18. 050. ( 15Ord. 532-99 § 2 (part), 1999)

18. 07015.Payment under protest.

A developer seeking to proceed with his or her project during the pendency of an application far adjustment or waiver or a
finding of exemption or during the
pendency of an appeal may do so by following the procedures set forth in Section 66020 of the Government Code. (Ord. 532-99 § 2 (part), 1999)

18. 08015.Developer'sacknowledgment of fee adjustment or waiver.

The Director of Community Development or the hearing officer appointed under Section 18. 05015.may require as a condition of adjustment, waiver or a finding of exemption that the developer provide a recordable document in a form acceptable to the Director acknowledging the factual basis of waiver or adjustment and further acknowledging that a subsequent change of facts may result in the requirement that additional fees be paid. (Ord. 532-99 § 2 (part), 1999)
Article II. Capital Facilities Fee

18. 09015.Intent and purpose.

The City Council finds and declares that:

1. The City provides public services and constructs and maintains public facilities for the benefit of residents, businesses and employees within the City. 3 City Council/RSA Agenda 274 Tuesday, September 13, 2022

2. As a result of increasing regional growth, significant residential, commercial and industrial development is expected to occur within the City.

3. City government requires buildings and equipment for City employees to serve the public. The City now has certain capital facilities, including a City administration building, a police administration building, a corporation yard for public works, a library, a senior center and other facilities needed to serve the public.

4. The City, as amended in 1999, identifies public facilities which are needed in the City as a part of the City's development during the next twenty years, including those listed in Section 18.50(105. 6).

5. In accordance with its amended General Plan, the City intends to expand and improve its public facilities to serve new development and to maintain existing levels of service of public facilities, including the capital facilities set forth in Section 1$.50(105 6).

6. The General Plan specifies the permitted uses of land within the City and places limits on the intensity and density of such use. The City Council has examined the relationship between the land uses and densities permitted under the General Plan and the rate and amount of actual development of property within the City. Based upon this examination, the City Council has identified trends in growth and development which enable the Council to project, with substantial certainty, the magnitude and extent of future development based upon the City's General Plan.

7. Based upon projected growth and development permitted under the General Plan, a substantial amount of residential development will occur in the City before the City is fully built out.

8. This anticipated development cumulatively will generate a substantial increase in the need for City services and the corresponding capital facilities necessary to provide those services. New residential development will thus create an additional burden on the existing capital facilities.

9. If additional capital facilities are not added as development occurs, the existing facilities will not be adequate to serve the community. This could result in adverse impacts, such as inadequate space for City employees, police services, the public works corporation yard, human services activities and inadequate libraries. This shortage of capital facilities would lead to a deterioration of the public services which the residents, employees and property owners in Union City now enjoy.

10. To prevent these undesirable consequences, the capacity of the City's capital facilities must be built at a rate which will accommodate the expected growth in the City.

11. Although the need for public services generated by an individual development project may not be, in and of itself, sufficient to overload the City's existing capital facilities, the cumulative impact of all new development (including development currently submitted for approval) will result in an unacceptable burden.

12. It is the policy of the City, as provided in its General Plan, that new residential development pay for its share of the cost of the improvements to existing capital facilities and construction of new capital facilities which are necessary to accommodate the public services needs generated by such new development. In the absence of this chapter imposing a capital facilities fee, existing and future sources of revenue wiN be inadequate to fund a substantial portion of the capital facilities improvements which are necessary to avoid an unacceptable deterioration of public services.

13. The City has caused to be prepared a capital facilities fee technical report, with appendices, dated March 17, 1999 ("technical report"), which 4 City Council/RSA Agenda 275 Tuesday, September 13, 2022 provides various bases far the partial funding, through the establishment of a capital facilities fee, which is required to install and construct certain portions of the facilities needed to implement the General Plan. The technical report, prepared by Economic and Planning Systems, Inc., is on file with the Department of Community Development and the City Clerk. The public facilities for which the capital facilities fee will be used are specifically identified in Section

18.50(105.3) and in the technical report, which includes a schedule of costs.

The technical report may be amended from time to time to reflect current conditions and circumstances and more refined engineering costs estimates.

14. The City Council has examined the extent to which different land uses rely upon the City's services and capital facilities. In its evaluation, the Council has taken into consideration, among other things, the technical report. This report identifies the estimated use of public services and facilities by all new persons coming to the City. The City Council finds that these use factors represent a reasonable estimate of the actual use of public services and facilities.

15. The public facilities reflected in the technical report are needed to protect the health, safety, and general welfare within the City, to facilitate orderly urban development within the City, to maintain identified existing levels of service within the City, and to promote economic well-being within the City as a whole.

16. A fair and equitable method of securing some of the revenues necessary to construct the required capital facilities improvements is to impose a capital facilities fee based on the extent to which new residential development generates the need for additional capital facilities.

17. The technical report identifies capital facilities improvements which are necessary to accommodate future growth.

18. Individual public improvements identified in the technical report are part of an integrated system serving and providing benefits to development planned within the entire City.

19. The capital facilities improvements that will be constructed with funds generated by this article will significantly benefit the contributor in that the adverse impacts and inconvenience which would otherwise be caused by a declining level of public services will be substantially mitigated. Persons who undertake new residential development in the City are benefited by a desirable community and the City's reputation for providing, and ability to provide, a variety of well-run public services. Such services make the community a safe and appealing place to live and to work.

20. The City will obtain and allocate funding from various other sources that are not funded by the capital facilities fee.

21. Under Government Code Section 66001, and based upon the capital facilities fee technical report and the terms of this article, the City Council finds that:
a. The purpose of this fee is to provide adequate capital facilities improvements to serve new development within the City.
b. The improvements for which the fee will be used are identified in the capital facilities fee technical report and in Section 18.50(105. 8). c. The fee will fund that portion of capital facility improvements attributable to new residential development responsible for paying the fee. d. The amount of the fee bears a fair and reasonable relationship to each development's burden on and benefit from the City's public services and capital facilities improvements to be funded by the fee, and shall be based on the following considerations:
i. New residential development will pay only for those capital facilities which serve new residential development and are necessary to serve the public service needs which will be created by such new development.

City Council/RSA Agenda 276 Tuesday, September 13, 2022 ii. The cost of improvements needed to alleviate existing deficiencies in capital facilities, or the share of costs created by the impacts of new commercial and industrial development, if any, are not included in this fee. iii. Each type of residential development shall contribute to the needed improvements in proportion to the use of public services and capital facilities by that type of development. The fee shall be based on the average number of residents for the particular residential use, and the estimated average use of particular facilities.

22. Periodic review, and possible revision, of the fee resolution (adopted by the City Council under this article) will allow for the adjustment of the fee to ensure that the fee remains a fair and equitable method for the distribution of costs to construct capital facilities necessary to accommodate the public services needs generated by development.

23. The capital facilities fee technical report, and future council-approved amendments to it, are approved, incorporated here by reference, and provide the technical information upon which the fee is based.

24. This article is adopted under the police power of the City, Article XI, Section 7 of the California Constitution, and under the Planning end Zoning Law of the State of California (Government Code Section 65000 et seq.). ( Ord. 532- 99 § 2 (part), 1999)

As used in this article:

Capital facility" or "capital improvemen#" means facilities or improvements for the collection and disposal of stormwate'rs and transportation and transit facilities, parks and recreation facilities, and/or other capital projects as may be identified in the City's capital facilities plan. Such facilities and improvements include public facilities as defined in subsection (d) of Section 66000 of the Government Code, and may include, but are not limited to, facili#ies identified in Section

18.50(105. 6).

Capital facilities fee technical report" ar "technical report" refers to the report dated March 17, 1999, prepared by Economic and Planning Systems, and any future Council-approved amendments to it.

City" means the City including its future boundaries.

Developer" means the person(s) or legal entity(ies), who also may be the property owner, who is developing a particular project in the City.

Director" or "Director of Community Development" means the Director of the Department of Community Development ar his or her designee.

Multifamily dwelling" means any building or portion thereof which is occupied, ar intended for occupancy, as the same residence of three or more families living independently of each other and doing their own cooking in such building, including, but not limited to, triplexes, fourplexes, apartments, flats, condominiums and townhouses. "Multifamily dwelling" also includes secondary dwelling units constructed within the single-family residential districts.

Single-family dwelling" means attached or detached single family residential dwelling traits. An attached single family dwelling unit is one occupied or intended for occupancy by one household that is structurally connected with no more than one other dwelling unit. A detached single-family dwelling unit is occupied or intended for occupancy by only one household and is structurally independent from any other such dwelling unit. (Ord. 532-99 § 2 (part), 1999) 6 City Council/RSA Agenda 277 Tuesday, September 13, 2022

18. 71015.Capital facilities fee requirement.

A. General. The amount and the calculation of the capital facilities fee shall be established by city council resolution and is based upon the following considerations:

1. Residential development will pay only for construction of those public facilities where there is a reasonable relationship between the facilities funded and the capital facility needs created by the new development.

2. Each type of residential development shall contribute to the funding of the needed facilities in proportion to the need for the facilities created by that type of development.

B. Type of Development. The categories of residential land uses for which the fee will be charged are:

1. Single-family dwelling;

2. Multifamily dwelling.

The fee is based on the estimated level of public services needed and used by each category of residential use.

C. When Applicable. The capital facilities fee, in an amount to be determined by resolution of the City Council, is applicable to a building permit to construct a new dwelling unit, as set forth in this article.

D. Residential Fee Unit. The capital facilities fee for residential construction shall be charged for each new dwelling unit, with a specific capital facilities fee amount set far each residential density type referenced in this article.

E. Capital Facilities Improvements. The fee shall be based on the percentage of the cost of the capital facilities improvements attributable to new residential development as determined in the capital facilities fee technical report. The improvements included in the total cost are set forth in that report and do not and shall not include the costs of improvements needed to alleviate existing deficiencies in the city's capital facilities, if any exist, or the share of costs created by the impacts of new commercial and industrial development.

F. Amount of Fee--Formula. The amount of the fee shall be established by resolution and may be amended from time to time. The fee shall be determined as follows:

1. Estimate total capital facilities costs attributable to each type of new residential development, including single-family and multi-family dwelling units;

2. Divide the cost attributable to new single-family development by the total number of new single-family dwelling units expected under buildout of the City's General Plan. The result is the capital facilities fee (CFF) to be charged on the development of each new single-family dwelling unit in the city.

3. Divide the cast attributable to new multifamily development by the total number of new multifamily dwelling units expected under buildout of the City's General Plan. The result is the capital facilities fee (CFF) to be charged on the development of each new multifamily dwelling unit in the city.

Fee estimates are included in the technical report, and shall be updated periodically to reflect changes in construction casts, development schedules, availability of other funds and other factors. (Ord. 532-99 § 2 (part), 1999)

18.2015.Exemptions.

The following activities and actions are exempt from the requirement to pay the capital facilities fee:

A. No fee is due if a capital facilities fee was previously paid in full for a particular property and use;

13. No fee shall be charged for remodeling or for an addition to an existing residential unit;
7 City Council/RSA Agenda 278 Tuesday, September 13, 2022 C. No fee shall be charged for demolition of an existing residential structure and the building of a new residential structure on the same site, provided the demolished structure was in use as a residential dwelling within two years before the issuance of a building permit for the new residential structure.

D. No fee shall be charged for the construction of individual, new, awneroccupied single-family homes in Community Development Block Grant target neighborhoods. An owner-occupied home means the unit is constructed by or for the property owner, and the owner shall live in the home for a minimum of five years upon its completion.

There are na other exemptions to the capital facilities fee. (Ord. 556-00 § 2, 2000; Ord. 532-99 § 2 (part), 1999)

18.3015.Time of payment.

The time for payment of the capital facilities fee shall be established by the City Council resolution which sets the amount of the fee, and shall conform to the requirements of Government Code Section 66007. (Ord. 532-99 § 2 (part), 1999)

18.4b105.Notice.

At the time of approval of a project or at the time of the imposition of the fees, the City shall provide to the project applicant a statement of:

A. The amount of the fee and the public improvement that the fee will be used to finance (Government Code Section 66006(f)); and
B. Notification that the ninety-day approval period in which the applicant may protest has begun (Government Code Section 66020(d)). ( Ord. 532-99 § 2 (part), 1999)

18.5015.Fee account and list of projects.

A. The revenues from each capital facilities fee paid under this chapter shall be distributed as directed by the City Council.

B. Fee revenues shall only be used to fund the following projects in the capital facilities fee account and the City administrative costs incurred in collecting, depositing, distributing and otherwise administering such fee revenues and updating the technical report:

1. Intermodal station, including parking garage;

2. Bus transit center in Union Landing;

3. Library;

4. City Hall expansion;

5. Parking garage at Civic Center;

6. Community centers (new and rehabilitation);

7. Cultural Arts Center;

8. Science Center;

9. Union City Boulevard widening/bike facilites;

10. Whipple Road widening;

11. Fire station;

12. Police facilities;

13. Fire pumper trucks (2);

14. Police equipment;

15. Street sweeper (1);

16. Bike lane/trails;

17. Community park improvements;

18. Gymnasium and pool complex;
Ord. 532-99 § 2 (part), 1999)
City Council/RSA Agenda 279 Tuesday, September 13, 2022

18.105.BO Use of fee.

The capital facilities fee revenues and all interest earned on deposited fee revenues shall be used only to:

A. Fund new residential development'sshare of the costs of the construction or installation of the capital facilities and improvements specified in Section

18.50(105. A) as funds are available or to reimburse the City for such construction or installation if funds were advanced by the City from other sources to pay new development'sshare of such costs; or

8. Fund reimbursement, under the terms set forth in Section 18.70; 15.or C. Fund loans or transfers made in conformance with Government Code Section 66006( 1)(b)( G. ( Ord. 532-99 § 2 (part), 1999)

18.7015.Reimbursement.

A. As may be authorized by resolution of the City Council, following review and written report from City staff, capital facilities fee revenues may be used to reimburse a developer, upon his or her written request, under this section. A developer must obtain Council approval for reimbursement, by resolution, before any offer of dedication and before any construction begins fora public improvement which may be the subject of a reimbursement request.

Reimbursement shalt only be approved by the City Council where all of the following four conditions are satisfied:

1. A developer has been required ar permitted to install and dedicate a public facility identified in Section 18.50(105. 8) which is oversized (including supplemental size, length or capacity) beyond that which can be attributed to the specific development installing the same;

2. The facility for which reimbursement is sought is identified by the City as a priority project to be funded within the three-year period immediately following the completion of the facility;

3. Revenues funding the facility are available; and

4. The sum value of the facility(ies) constructed, based on the most current estimate of the infrastructure item (as defined by annual cost review or other recent evaluation of cost), exceeds the total capital facilities fee liability of the specific development installing the foci-ity.

B. Reimbursements shall not be authorized if the value of the constructed and dedicated improvement is below the total capital facilities fee liability of the project. Reimbursements for oversizing shall not be available as fee credits against a development'sfee liability, except as provided in Section 18. 030. 15 C. Reimbursements for oversizing shall include appropriate financing charges interest) which shall be based upon the rate at which the City can borrow money at the time the reimbursement is approved by the City Council. Financing charges included in any reimbursement payments to a developer or property owner shall not exceed this interest rate, as calculated by the City's chief financial officer.

D. In the case of City Council approval of reimbursement, the reimbursement amount will be based on the most current estimate of the infrastructure item, as defined by annual cost review or other recent evaluation of cost, regardless of the actual cost to construct the facility. (Ord. 532-99 § 2 (part), 1999)

18.8015.Annual review.

The capital facilities fee authorized by this article and the implementing Council resolution(s), the accumulated fee funds and their appropriation, and supporting documentation, shall be reviewed annually by the City Council in a 9 City Council/RSA Agenda 280 Tuesday, September 13, 2022 manner which conforms with the requirements of sections 60001(d) and 66006(b) of the Government Code. (Ord. 532-99 § 2 (part), 1999)

18.9015.Termination of fee.

The City shall not collect the capital facilities fee established by this article once funds sufficient to construct residential development'sshare of all facilities described in the then current technical report and its appendices have been collected. (Ord. 532-99 § 2 (part), 1999) G

18. 20015.Relationship of CFF to certain other fees.

The City charges developers other fees, including fees for the 511 Specific Plan area and DIPSA fees. If a developer has paid such fees and believes all or a portion of such fee payment is being used to fund improvements included under the capital facilities fee, he or she may request a refund or credit for overpayment by following the appeal procedures provided in Section 18. 050. 15 Ord. 532-99 § 2 (part), 1999)

18. 21015.General provisions apply.

The provisions of Article I ( Sections 18. 01015.through 18. 080, 15.including provisions for fee credit, fee adjustment or waiver, appeal procedures and refunds) apply to this capital facilities fee. (Ord. 532-99 § 2 (part), 1999) 10 City Council/RSA Agenda 281 Tuesday, September 13, 2022 Agenda Item 7.c.

September 13, 2022
Status of Development Impact Fee Update &
Capital Facilities Fee Project Priorities
City Council/RSA Agenda 282 Tuesday, September 13, 2022 2 Strategic Plan Consistency
Goal D: Environmental Sustainability and Infrastructure Strategy 4: Evaluate development impact fees for new
development infrastructure: Decoto Industrial Park Study Area (DIPSA), Transportation Impact Fee, Fire, Parks
Facilities Fees, Railroad Preemption Fees
Development Impact Fee Update, September 13, 2022
City Council/RSA Agenda 283 Tuesday, September 13, 2022 3 Background – Development Impact Fee Update
• One-time assessments on new development
• Pays for portion of capital project that will support new growth • City fees have not been reviewed or updated for years • Support City’s future facilities and infrastructure
Development Impact Fee Update, September 13, 2022
City Council/RSA Agenda 284 Tuesday, September 13, 2022 4 Background – Fees to Be Evaluated or Created
Development Impact Fees Other Fees
• DIPSA Infrastructure Fee (updated 2006)
• Park Facilities Fee (adopted 2006)
• Fire Equipment Acquisition Fee (adopted 1984)
• Capital Facilities Fee (updated 2004)
• Traffic Signalization Fee (adopted 1973)
• Transportation Impact Fee (NEW)
• General Plan Cost Recovery Fee (adopted
2002)
• Public Works Plan Check Fee
• Public Works Grading Permit Fee
Development Impact Fee Update, September 13, 2022
City Council/RSA Agenda 285 Tuesday, September 13, 2022 5 Discussion – Development Impact Fee Study Update
• State law requires City to conduct a nexus study to establish or update impact fees.
• Establishes “nexus” between fee and new development
• Provides opportunity for community input
• Identifies maximum allowable fee and final competitive fee Development Impact Fee Update, September 13, 2022
Strategy
Development
(near
completion)
Phase 1
Technical
Analysis
(6 months)
Phase 2
Nexus Report
and Approval
(3 months)
Phase 3
City Council/RSA Agenda 286 Tuesday, September 13, 2022 6 Discussion – Impact Fee Update Program Strategies
Development Impact Fee Update, September 13, 2022
Citywide
Transportation
Bike, Ped,
Transit
Roads
Smart
Cities
Citywide
Capital
Facilities
Civic
Facilities
Public
Safety
Public
Works
Utilities
Citywide Park
Improvements
Improvements
Acquisition
Station
District
Transportation
Cap. Facilities
Parks
Fee
Programs
Fee
Categories
City Council/RSA Agenda 287 Tuesday, September 13, 2022 7 Discussion – Capital Facilities Fee
Development Impact Fee Update, September 13, 2022
City Council/RSA Agenda 288 Tuesday, September 13, 2022 8 Discussion – Capital Facilities Fee Project Priorities City Staff seek input from City Council on:
• Project priorities from the current Capital Facilities Fee project list • New projects identified to include as priorities
• Other project priorities City Council would like to consider *Staff and consultant team will evaluate project suggestions for eligibility, appropriate fee program, and cost.

Development Impact Fee Study Agreement, September 13, 2022 City Council/RSA Agenda 289 Tuesday, September 13, 2022 9 Discussion – Current Capital Facilities Project List
Development Impact Fee Study Agreement, September 13, 2022 Consider Retaining/Prioritizing Seek Further Input On
• Intermodal Station, incl.

Parking Garage
• Bus Transit Center in Union
Landing
• Library
• City Hall Expansion
• Parking Garage at Civic
Center
• Community Centers
• Union City Boulevard
Widening/Bike Facilities
• Cultural Arts Center
• Whipple Road Widening
• Fire Station
• Police Facilities
• Fire Pumper Trucks
• Police Equipment
• Street Sweepers
• Bike Lanes/Trails
• Community Park
Improvements
• Science Center
• Gymnasium and Pool
Complex
City Council/RSA Agenda 290 Tuesday, September 13, 2022 10 Discussion – New Capital Projects
Development Impact Fee Study Agreement, September 13, 2022 Installation of high-speed
fiber @ City facilities and
intersections
High Speed
Internet / Fiber
Installation
Installation of solar panels
at City facilities
Renewable
Energy @ City
Facilities
EV/alternative fuel
vehicles and infrastructure
Greening the
City Fleet
Corp Yard improvements,
electric buses and EV
infrastructure
Union City
Transit
Improvements
Modernize and/or relocate
EOC to better respond to
emergencies
Emergency
Operations
Center (EOC)
Key component for Quarry
Lakes Parkway roadway
drainage; park opportunity
Old Alameda
Creek
First/last mile connectivity
with ride share, bike share &
storage, scooter, EV charging
Station District
Mobility Hub
City Council/RSA Agenda 291 Tuesday, September 13, 2022 11 Discussion – Additional City Council Project Priorities What other potential capital projects will be needed to support the City’s growth over the next 15-25 years?
Development Impact Fee Update, September 13, 2022
City Council/RSA Agenda 292 Tuesday, September 13, 2022 12 Recommendation
• Receive staff report on the status of the Development Impact Fee update
• Provide input on project priorities for the Capital Facilities Fee update.
• Continue item for future discussion (if necessary).

Development Impact Fee Update, September 13, 2022
City Council/RSA Agenda 293 Tuesday, September 13, 2022

Union City City CouncilSeptember 13, 2022

Union City City Council
September 13, 2022