AGENDA
CITY OF UNION CITY/
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, September 13, 2022
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587
Meeting will Also be Held Via Teleconference. To access meeting, please see Teleconference Guidelines.
1. CALL TO ORDER
1.a. Pledge of Allegiance
1.b. Roll Call
Mayor Carol Dutra-Vernaci
Vice Mayor Jaime Patiño
Councilmember Emily Duncan
Councilmember Pat Gacoscos
Councilmember Gary Singh
2. UNFINISHED BUSINESS - None
3. PROCLAMATIONS AND PRESENTATIONS
3.a. Proclamation Recognizing September 15, 2022 - October 15, 2022 as Hispanic Heritage Month
3.b. Proclamation Honoring Girl Scout Silver Award Recipients Lara Detweiler and Riya Pallikonda of Girl Scout Troop 33812
4. ORAL COMMUNICATIONS
An individual speaker shall have three minutes to address the City Council/RSA Agenda 1 Tuesday, September 13, 2022
Council on non-agenda items under the Oral Communications section of the agenda. The Mayor may, in their discretion, lower the time limit to less than three minutes based on the number of speakers and/or business to be conducted by the City Council.
Members of the public who wish to speak to the Council under the first Oral Communications section are requested to complete a speaker card, giving their name and city of residence. If a speaker wants further notification from the City, the speaker may include a mailing address. Neither a speaker card or identification of name, city of residence or mailing address are not required to provide public comment but are requested for record keeping purposes.
5. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered routine in nature and will be enacted by one motion. If discussion is required on a specific item, it will be removed from the Consent Calendar and considered separately.
5.a. Waived Further Reading of Proposed Ordinance
(This permits reading the title only in lieu of reciting the entire text of any proposed Ordinance.)
5.b. Approve the Minutes of the City Council Meetings Held on August 9, 2022 and August 23, 2022
5.c. Adopt a Resolution Authorizing the Acceptance and
Appropriation of a Grant from The Alameda County Department of Social Services to Help Stabilize the Impact from the Covid19 Pandemic on Licensed Preschool Programs, in the Amount Of $3,350, for Fiscal Year 2022-23
5.d. Adopt a Resolution Authorizing the Acceptance of a Grant from The Parkinson’s Foundation, in the Amount of $10,000, for Fiscal Year 2022-23, and Amending the Current Community and Recreation Services - Parkinson’s Community Grant Budget in the General Fund
5.e. Adopt a Resolution Authorizing the City Manager to Approve a Purchase Order in the Amount of $165,000 to Purchase, When Available, Three (3) Replacement Vehicles from National Auto Fleet Group of Watsonville
5.f. Adopt a Resolution Authorizing the Acceptance and
Appropriation of Donated Funds From Girl Scout Troop 33812 for the Purchase and Installation of a Playground Structure Designed for Children With Disabilities in the Amount of $11,000 for Fiscal Year 2022-23
5.g. Adopt Two Resolutions: (1) Finding That There is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and (2) Authorizing Remote City Council/RSA Agenda 2 Tuesday, September 13, 2022
Teleconferenced Meetings of the Legislative Bodies of the City of Union City for the 30 Day Period Beginning September 13 Pursuant to AB 361 and Adopt a Resolution Confirming the Continued Existence of a Local Emergency Due to COVID-19
5.h. Adopt a Resolution Authorizing the City Manager to Approve the First Amendment to the Consulting Services Agreement with VSCE, Inc., in the Amount of $375,000, for Project
Management Services for the Quarry Lakes Parkway Project, City Project No. 18-04, for a Total Contract Amount of
$449,100, and Appropriating $320,000 from the Unassigned Fund Balance in the SB-1 Fund (Fund 2515)
6. PUBLIC HEARINGS
6.a. Public Hearing and 1) Introduction of an Ordinance for Zoning Text Amendments, AT-22-001 and AT-22-002, to Amend
Chapters 18.24, 18.31, 18.32, 18.34, 18.50, 18.54, 18.72 and
18.100 of the Union City Municipal Code to Add/Update
Standards for Residential Development Including the Addition of Objective Design Standards, Updates to SB 9 Development Standards, and Related Miscellaneous Updates, to Streamline and Clarify Review Processes, and to Conditionally Allow Seasonal Sales Lots in the CF Zoning District; 2) Adoption of a Resolution Amending the Fiscal Year 22-23 Master Fee
Schedule to Add Fees for Review of SB 9 Developments; and 3) Adoption of a Resolution Amending the “Policy Statement for the Regulation of Seasonal Sales Lots” for Consistency with Zoning Amendments
7. CITY MANAGER REPORTS
7.a. Adopt a Resolution to Support the Designation of Khushab, Pakistan, as a Sister City
7.b. Informational Update on the Multi-Family Objective Development Standards Project
7.c. Receive a Report on the Status of the Development Impact Fee Update and Provide Direction on Project Priorities for the Capital Facilities Fee Update
8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY -
None
9. AUTHORITIES AND AGENCIES - None
10. CITY COMMISSION / COMMITTEE REPORTS - None
11. SCHEDULED ORAL COMMUNICATION - None
12. ITEMS REFERRED BY COUNCIL
13. GOOD OF THE ORDER
14. CLOSED SESSION - None
City Council/RSA Agenda 3 Tuesday, September 13, 2022
15. ADJOURNMENT
A complete agenda packet is available for review at City Hall or on our website www.unioncity.org
Any writings or documents provided to a majority of City Council members regarding any item on this agenda will be made available for public inspection at the City Clerk's Counter at City Hall, located at 34009 Alvarado-Niles Road, Union City, California, during normal business hours.
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990.
Interested person must request the accommodation at least two working days in advance of the meeting by contacting the City Clerk at (510) 675- 5348.
TELECONFERENCING GUIDELINES FOR THE CITY OF UNION CITY REGULAR COUNCIL
MEETING
COVID-19 Notice: Consistent with State of California Executive Order No. 29-20 dated March 17, 2020, the City Council will be participating in public meetings via phone/video conferencing. The City Council Chambers will not be open to the public. Members of the public can observe and address the Council using the below technological processes.
How to watch the meeting remotely:
1. Comcast TV Channel 15 (UCTV 15)
2. Live stream https: https://www.unioncity.org/199/City-Meetings-Video How to Address Council:
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Public Comment via Teleconference: Members of the public may address the Council on a matter on the agenda or during the Public Input portion of the meeting. Raise your virtual hand to notify the host that you would like to speak during that portion.
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City Council/RSA Agenda 4 Tuesday, September 13, 2022
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City Clerk at [email protected] a minimum of two (2) business days prior to the Council meeting. 3511412.1
City Council/RSA Agenda 5 Tuesday, September 13, 2022
Agenda Item
ATTACHMENTS:
Description Type
Proclamation Resolution
City Council/RSA Agenda 6 Tuesday, September 13, 2022
CITY OF UNION CITY
PROCLAMATION
National Hispanic Heritage Month -September 15 to October 15 “Unidos: Inclusivity for a Stronger Nation”
WHEREAS, During National Hispanic Heritage Month (September 15 to October 15) we recognize the contributions made and the important presence of Hispanic and Latino Americans to the United States and celebrate their heritage and culture; and WHEREAS, The observation started in 1968 as Hispanic Heritage Week under President Lyndon Johnson and was expanded by President Ronald Reagan in 1988 to cover a 30-day period starting on September 15 and ending on October 15. It was enacted into law on August 17, 1988, on the approval of Public Law 100-402. National Hispanic Heritage Month begins each year on September 15, the anniversary of independence of five Latin American countries: Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua.
Mexico, Chile and Belize celebrate their independence days on September 16, September 18, and September 21, respectively; and WHEREAS, many Hispanic Americans trace their roots to the cultures of the indigenous peoples of the Americas -- including the Arawaks (Puerto Rico), the Aztecs (Mexico), the Incas (South America), the Maya (Central America), and the Tainos (in Cuba, Puerto Rico and other places). Some trace their roots to the Spanish explorers -- who in the 1400s set out to find an easier and less costly way to trade with the Indies. Other Latinos trace their roots to the Africans who were brought as slaves to the New World. For purposes of the U.S. Census, Hispanic Americans today are identified according to the parts of the world that they or their ancestors came from, including Mexico, Puerto Rico, Cuba, Spain, or the nations of Central or South America. Our city of Union City has a Hispanic and Latino population of nearly 16,000, representing approximately 22% of the City’s population; and WHEREAS, the 2022 Hispanic Heritage Month national theme: Unidos: Inclusivity for a Stronger Nation. reinforces the need to ensure diverse voices and perspectives are welcomed in decision-making processes, thereby helping to build stronger communities and a stronger Nation; and
WHEREAS, the City of Union City draws strength and builds its character from the diversity of our people and the mix of rich cultures that thrive in our community. Our city remains committed to addressing issues of vital importance to the Hispanic community and pursuing opportunities that could enrich the quality of life of our local Hispanic community.
NOW, THEREFORE, the City Council of Union City, does herby proclaim September 15 – October 15, 2022 as Hispanic Heritage Month throughout Union City and encourages residents to share in this special annual tribute by learning and celebrating the generations of Hispanic and Latino Americans who have positively influenced and enriched our nation and society.
DATED this 13th day of September 2022
____________________________________
CAROL DUTRA-VERNACI, Mayor
____________________________________
JAIME PATIÑO, Vice Mayor
____________________________________
EMILY DUNCAN, Councilmember
____________________________________
PAT GACOSCOS, Councilmember
____________________________________
GARY SINGH, Councilmember
City Council/RSA Agenda 7 Tuesday, September 13, 2022
Agenda Item
ATTACHMENTS:
Description Type
Proclamation Attachment
City Council/RSA Agenda 8 Tuesday, September 13, 2022
CITY OF UNION CITY
PROCLAMATION
Honoring Girl Scout Silver Award Recipients
Lara Detweiler and Riya Pallikonda of Girl Scout Troop 33812
WHEREAS, Lara Detweiler and Riya Pallikonda of Girl Scout Troop 33812 began working on their Silver Award Project, which is the highest honor that Girl Scout Cadettes can receive in 6th, 7th and 8th grade and it encourages the Cadettes to find a problem they are passionate about, research ways to fix it, take action to change it, and educate others about their work; and
WHEREAS, both Lara and Riya have enjoyed Union City parks throughout their lives and are passionate about helping children with disabilities, many of whom are their friends and classmates at school, and for these reasons Lara and Riya wanted a playground structure in one of Union City’s Parks that was accessible for children with disabilities, including children in wheelchairs; and WHEREAS, Lara and Riya came up with a plan of action, which included both research and fundraising ideas, including visiting all public parks in Union City, researching types of play structures built for children with disabilities, and organizing a series of fundraisers with the goal of raising $10,000 to pay the cost of an accessible play structure, and
WHEREAS, Lara and Riya then presented their Silver Project goals, plan of action and their research findings to the City’s Park and Recreation Commission in April 2021; and reported an update in July 2022 of achieving their goal by raising $11,000 to donate with the purpose of purchasing an inclusive play structure at a Union City Park; and
THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby acknowledge and appreciate Lara Detweiler and Riya Pallikonda of Girl Scout Troop 33812 for achieving their Silver Award and for their contribution and donation to the City of Union City.
DATED: September 13, 2022
____________________________________
CAROL DUTRA-VERNACI, Mayor
____________________________________
JAIME PATINO, Vice Mayor
____________________________________
EMILY DUNCAN, Councilmember
____________________________________
PAT GACOSCOS, Councilmember
____________________________________
GARY SINGH, Councilmember
City Council/RSA Agenda 9 Tuesday, September 13, 2022
Agenda Item
ATTACHMENTS:
Description Type
Draft Min 8/9/22 Attachment
Draft Min 8/23/22 Attachment
City Council/RSA Agenda 10 Tuesday, September 13, 2022
MINUTES
CITY OF UNION CITY/
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, August 9, 2022
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587
1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 7:03 p.m.
1.a. Pledge of Allegiance – Mayor Dutra-Vernaci led the salute to the flag.
1.b. Roll Call Present: Councilmembers Duncan, Gacoscos, Singh, Vice Mayor Patiño, Mayor Dutra-Vernaci
Absent: None
2. UNFINISHED BUSINESS - None
3. PROCLAMATIONS AND PRESENTATIONS
3.a. Sister Cities Twinning Ceremony for Mushin, Lagos, Nigeria Item not heard.
3.b. Union City Transit Fall 2022 Service Changes
Presentation given by Union City Transit Manager, Steve Adams.
4. ORAL COMMUNICATIONS - None
5. CONSENT CALENDAR
Vice Mayor Patiño requested to remove Item 5.b.
It was moved by Councilmember Duncan and seconded by Councilmember Singh to adopt Consent Calendar items 5.a. and 5.c. through 5.g. The motion was carried by a unanimous roll call vote.
City Council/RSA Agenda 11 Tuesday, September 13, 2022
5.a. Waived Further Reading of Proposed Ordinance
(This permits reading the title only in lieu of reciting the entire text of any proposed Ordinance.)
5.c. Adopted Resolution No. 5988-22 Approving a Five-Year Extension of Tentative Parcel Map 11004 (TPM 11004) (Lazuli Landing - MidPen Housing Corporation)
5.d. Adopted Resolution No. 5989-22 Approving Amendment No. 1 to Employment Agreement with Lola Tapia
5.e. Adopted Resolution No. 5990-22 Accepting the Report on State-Mandated Fire and Life Safety Inspections in Union City from Alameda County Fire Department
5.f. Adopted Resolution No. 5991-22 Approving Amendment No. 2 to the Consultant Services Agreement with William R. Gray and Company, Inc., DBA Gary-Bowen-Scott, in the Amount of $240,000, for Progress Reporting and Reimbursement Process for Alameda County Transportation Commission (Alameda CTC) Funded Projects for a Total Contract Amount of $464,000
5.g. Adopted Resolution No. 5992-22 Finding That There is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Resolution No. 5993-22 Authorizing Remote Teleconferenced Meetings of the Legislative Bodies of the City of Union City for the 30 Day Period Beginning August 9 Pursuant to AB 361 and Adopt a Resolution Confirming the Continued Existence of a Local Emergency Due to COVID-19 Item 5.b.
5.b. Approve the Minutes of the City Council Meeting Held on July 26, 2022 and Adopt a Resolution Ratifying and Approving Actions Taken at the July 26, 2022 City Council Meeting and Directing the Legislation And Policy Committee to Analyze and Propose Rules for Hybrid and Virtual Council Meetings Vice Mayor Patiño requested that staff and Council try to be as collaborative as possible when proposing rules for hybrid and virtual Council meetings.
It was moved by Mayor Dutra-Vernaci and seconded by Vice Mayor Patiño to adopt Resolution No. 5994-22 Ratifying and Approving Actions Taken at the July 26, 2022 City Council Meeting and Directing the Legislation And Policy Committee to Analyze and Propose Rules for Hybrid and Virtual Council Meetings. The motion was carried by a unanimous roll call vote.
6. PUBLIC HEARINGS – None
7. CITY MANAGER REPORTS
7.a. Study Session and Informational Report on Current Condition of City Hall and Other City Facilities, and Seeking Direction on Next Steps City Council/RSA Agenda 12 Tuesday, September 13, 2022
Staff report was presented by City Manager Malloy and Greg Armendariz, Project Executive with Swinerton Management and Consulting. Topics covered were:
Background
Building Systems & Elements
Initial Assessment
Additional Analysis/Evaluation
Building Improvement Priorities
Summary of Cost Estimates
Phased Construction
City Manager Malloy and Mr. Armendariz responded to questions from Council. Councilmembers provided comment.
Public comment was provided by Kristy Boer.
Council concurred with creating a Facilities Master Plan.
7.b. Informational Progress Report On The City’s Strategic Plan And City Council Priorities For Fiscal Year 2021-2022
City Manager Malloy presented the staff report, reviewing Council Strategic Plan goals A-E, new strategies and accomplishments towards those goals.
City Manager Malloy responded to questions from Council. Councilmembers provided comment.
Public comment was provided by Kristy Boer.
The report was informational only and required no further action of the Council.
8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY – None
9. AUTHORITIES AND AGENCIES – None
10. CITY COMMISSION / COMMITTEE REPORTS – None
11. SCHEDULED ORAL COMMUNICATION – None
12. ITEMS REFERRED BY COUNCIL
Vice Mayor Patiño reported on his attendance of the Economic Development Advisory Team (“EDAT”) meeting and a meeting of the StopWaste/Waste Management Authority.
Councilmember Gacoscos reported she will attend the Housing Authority of the County of Alameda on August 10.
Councilmember Singh reported on his attendance of the EDAT meeting.
Mayor Dutra-Vernaci provided a follow-up report on her trip to Washington, D.C. with the Metropolitan Transportation Commission.
City Council/RSA Agenda 13 Tuesday, September 13, 2022
13. GOOD OF THE ORDER
Vice Mayor Patiño reported on his attendance of the following events:
- National League of Cities Summer Board and Leadership meeting held in Atlanta, GA, July 27-29
- National Night Out events in Union City
- 10th Annual East Bay Innovation Awards
Councilmember Gacoscos reported on her attendance of the following events:
- National Night Out events
- St. Anne’s Festival
- Union City Sister Cities Festival
Councilmember Singh stated he attended the same events and congratulated the Police Department on a successful and well-received National Night Out event.
Given the heat and dry conditions, Councilmember Duncan called several properties to the attention of staff and the Fire Marshall that need to be addressed. She also noted a blighted property that needed to be addressed on Union City Boulevard.
Councilmember Duncan gave kudos to the team that put on the Sister Cities Festival.
Mayor Dutra-Vernaci let the public know they could visit Congressmember Eric Swalwell’s website to register to attend his town hall on August 16.
Mayor Dutra-Vernaci announced the passing of former Union City Councilmember Steve Martin.
Mayor Dutra-Vernaci stated there will be a one-item special meeting held on August
23. 14. CLOSED SESSION – None
15. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 9:30 p.m.
Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 14 Tuesday, September 13, 2022
MINUTES
SPECIAL MEETING
Tuesday, August 23, 2022
5:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587
1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 5:00 p.m.
1.a. Roll Call Present: Councilmember Duncan, Gacoscos, Singh, Vice Mayor Patiño, Mayor Dutra-Vernaci
Absent: None
2. ORAL COMMUNICATIONS - Comments limited to items on the Special Meeting Agenda
3. CONSENT CALENDAR
3.a. Adopt a Resolution Finding That There is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Authorizing Remote Teleconferenced Meetings of the Legislative Bodies of the City of Union City for the 30-Day Period Beginning August 9 Pursuant to AB 361 and Adopt a Resolution Confirming the Continued Existence of a Local Emergency Due to COVID-19
It was moved by Councilmember Duncan and Councilmember Singh to adopt Resolution No. 5995-22 Finding That There is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Resolution No. 5996-22 Authorizing Remote Teleconferenced Meetings of the Legislative Bodies of the City of Union City for the 30 Day Period Beginning August 9 Pursuant to AB 361 and City Council/RSA Agenda 15 Tuesday, September 13, 2022
Adopt a Resolution Confirming the Continued Existence of a Local Emergency Due to COVID-19. The motion was carried by a
unanimous roll call vote.
4. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 5:01 p.m.
Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 16 Tuesday, September 13, 2022
Agenda Item
DATE: 9/13/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CORINAHAHN, COMMUNITY & RECREATION SERVICES INTERIM
DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE ACCEPTANCE AND
APPROPRIATION OF A GRANT FROM THE ALAMEDA COUNTY
DEPARTMENT OF SOCIAL SERVICES TO HELP STABILIZE THE
IMPACT OF THE COVID-19 PANDEMIC ON LICENSED PRESCHOOL
PROGRAMS, IN THE AMOUNT OF $3,350, FOR FY2022-23
Staff recommends that the City Counciladopt a resolution authorizing the acceptance and appropriation of a $3,350 grant from Alameda County Department of Social Services to help stabilize the impact of the COVID19 on licensed preschool programs.
STRATEGIC PLAN ALIGNMENT
This agenda item does not have alignment with the Strategic Plan.
BACKGROUND
Since March 2020, the Alameda County Emergency Child Care Response Team (ECCRT), a cross-sector collaborative of eight county-wide stakeholder agencies, has convened and concentrated its efforts to play and align its immediate County COVID-19 response to support the Early Care and Education (ECE) field.
The Alameda County Board of Supervisors approved the distribution of $4 million in one-time federal relief grants to support local ECE system needs and infrastructure made possible by the American Rescue Plan Act (ARPA). Led by the Alameda County Department of Social Services and partner agencies, the goal is to ensure the grant funding reaches most, if not all, licensed ECE providers throughout the County.
DISCUSSION
City Council/RSA Agenda 17 Tuesday, September 13, 2022
Community & Recreation Services operates two licensed preschool facilities at the Holly and Kennedy Community Centers. These programs remained open throughout most of the pandemic providing daily early childhood education and childcare for children of essential workers and working parents. The Early Care and Education field has shown tremendous creativity and resilience to keep licensed centers open to support children and families who also have been severely impacted by the challenges of COVID-19.
FISCAL IMPACT
The acceptance and appropriation of $3,350 in grant funds received from the Alameda County Department of Social Services will provide funding for the licensed preschool program. The grant will be deposited into the City’s General Fund and appropriated to the Community & Recreation Services Department’s FY 2022-23 budget.
RECOMMENDATION
Staff recommends that the City Counciladopt a resolution:
1. Authorizing the acceptance of a grant from the Alameda County Department of Social Services to help stabilize the impact from the COVID-19 Pandemic on licensed preschool programs, in the amount $3,350, for FY 2022-23; and
2. Amending the FY 2022-23 General Fund budget by increasing the revenue projection in Account Number 1110-51020-44502 (Misc. County/Local Grants) by $3,350; and
3. Amending the FY 2022-23 General Fund budget by appropriating $3,350 to Account Number 1110- 5120-51020-53701 (Other Supplies).
Prepared by:
Corina Hahn, Community & Recreation Services Interim Director Submitted by:
Corina Hahn, Community & Recreation Services Interim Director ATTACHMENTS:
Description Type
Resolution For Preschool Grant 2022 Resolution
City Council/RSA Agenda 18 Tuesday, September 13, 2022
RESOLUTION NO. XXXX-22
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
AUTHORIZING THE ACCEPTANCE AND APPROPRIATION OF A GRANT FROM
THE ALAMEDA COUNTY DEPARTMENT OF SOCIAL SERVICES TO HELP STABILIZE THE IMPACT OF THE COVID-19 PANDEMIC ON LICENSED PRESCHOOL PROGRAMS, IN THE AMOUNT OF $3,350, FOR FY 2022-23 WHEREAS, the City of Union City has received a grant from the Alameda County Department of Social Services, in the amount of $3,350, for the licensed preschool programs at the Holly and Kennedy Community Centers; and
WHEREAS, the Alameda County Board of Supervisors approved the distribution of $4 million in one-time federal relief grants to support local Early Care and Education (ECE) system needs and infrastructure made possible by the American Rescue Plan Act (APRA); and WHEREAS, the Community & Recreation Services Department will use the funds in Fiscal Year 2022-23 in accordance with the grant's intent.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby accept a grant from the Alameda County Department of Social Services, in the amount of $3,350; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City does hereby amend the Fiscal Year 2022-23 General Fund budget by increasing the revenue projection in Account Number 1110-51020-44502 (Misc. County/Local Grants) by $3,350; and BE IT FURTHER RESOLVED that the City Council of the City of Union City does hereby amend the Fiscal Year 2022-23 General Fund budget by appropriating $3,350 to Account Number 1110-5120-51020-53701 (Other Supplies).
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:
CAROL DUTRA-VERNACI
Mayor
City Council/RSA Agenda 19 Tuesday, September 13, 2022
ATTESTED: APPROVED AS TO FORM:
_________________________ ___________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 20 Tuesday, September 13, 2022
Agenda Item
DATE: 9/13/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CORINA HAHN, COMMUNITY & RECREATION SERVICES INTERIM
DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE PARKINSON’S FOUNDATION, IN THE AMOUNT OF $10,000, FOR FISCAL YEAR 2022-23, AND AMENDING THE CURRENT COMMUNITY & RECREATION SERVICES - PARKINSON’S COMMUNITY GRANT BUDGET
IN THE GENERAL FUND
Staff recommends that the City Counciladopt a resolution authorizing the acceptance of a grant from the Parkinson’s Foundation, in the amount of $10,000, for FiscalYear 2022-23, and amend the Community and Recreation Services - Parkinson’s Community Grant Budget in the General Fund.
STRATEGIC PLAN ALIGNMENT
This agenda item does not have alignment with the Strategic Plan.
BACKGROUND
The Parkinson’s Foundation offers annual grants to community organizations that provide services and support to people with Parkinson’s and increase education and awareness about Parkinson’s. This grant has been awarded six times to the Community & Recreation Services Department for providing and expanding group exercise classes to people suffering from Parkinson’s. In 2016, Union City was the first Parkinson’s grant recipient in Southern Alameda County as well as the first organization to offer specialized exercise classes in Southern Alameda County. It is estimated that there are over 1,400 people with Parkinson’s in the Tri-City area. The Parkinson’s program is held at the Mark Green Sports Center and has continued to grow and adapt to the needs of the participants. During the pandemic, the needs of the Parkinson’s community were still met as the program adapted into virtual and hybrid classes and support groups. These resources were a vital lifeline for participants and their caregivers physical and mental health. The Parkinson’s Foundation and local Parkinson’s community continue to be enthusiastic about Union City’s creation of a successful model of specialized exercise programs and our program has become a model for other municipal recreation departments to provide similar services in their community.
DISCUSSION
The Community & Recreation Services Department will use the grant funds to continue to provide specialized exercise City Council/RSA Agenda 21 Tuesday, September 13, 2022
The Community & Recreation Services Department will use the grant funds to continue to provide specialized exercise instructors and all-levels of exercise classes to encourage a return to exercise as the COVID-19 restrictions lift and fears begin ease. The Department will continue to provide outreach classes to increase awareness and community education about Parkinson’s.
FISCAL IMPACT
The grant of $10,000 received from the Parkinson’s Foundation will provide funds for additional in-person and virtual classes and support groups for varying levels of abilities to community members with Parkinson’s as well as their caregivers. The grant will be deposited into the General Fund and the current FY 2022-23 Community & Recreation Services - Parkinson’s Community Grant Accounts within the General Fund budget will be adjusted appropriately.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution:
1. Authorizing the acceptance of a grant from the Parkinson’s Foundation to expand and support the Parkinson’s exercise program, in the amount $10,000, for FY 2022-23; and
2. Amending the FY 2022-23 General Fund budget by increasing the revenue projection in Account Number 1110-51027-44502 (General Fund – Parkinson’s Community Grant – Misc. County/Local Grants) by $10,000; and
3. Amending the FY 2022-23 General Fund budget by adjusting the current Recreation & Community Services – Parkinson’s Community Grant appropriations as follows:
Account Number Description Current Budget Adjustment Amended Budget 1110-5199-51027-51111 Part-Time Pay $0 $3,061 $3,061
1110-5199-51027-52110 Medicare Tax $0 $44 $44
1110-5199-51027-53701 Other Supplies $0 $765 $765
1110-5199-51027-54113 Contract Employees $9,000 ($2,870) $6,130 1110-5199-51027-54500 Miscellaneous Charges $4,097 ($4,097) $0 Totals $13,097 ($3,097) $10,000
Prepared by:
Maynard Estrellado, Recreation Supervisor
Submitted by:
Corina Hahn, Community & Recreation Services Supervisor Interim Director ATTACHMENTS:
Description Type
Resolution for Parkinson's Grant Resolution
City Council/RSA Agenda 22 Tuesday, September 13, 2022
RESOLUTION NO. XXXX-22
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE PARKINSON’S FOUNDATION, IN THE AMOUNT OF $10,000, FOR FISCAL YEAR 2022-23, AND AMENDING THE CURRENT COMMUNITY & RECREATION SERVICES – PARKINSON’S COMMUNITY GRANT
BUDGET IN THE GENERAL FUND
WHEREAS, the Parkinson’s Foundation provides annual grants to communities for services and awareness of Parkinson’s; and
WHEREAS, the Parkinson’s Foundation has awarded Union City Community & Recreation Services with $10,000 to provide additional in-person and virtual classes and support groups for varying levels of abilities to community members with Parkinson’s as well as their caregivers; and WHEREAS, it is the desire of the Community & Recreation Services Department to accept said grant funds and use them in accordance with the grant’s intent.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby accept a grant from the Parkinson’s Foundation, in the amount of $10,000; and BE IT FURTHER RESOLVED that the City Council of the City of Union City does hereby amend the Fiscal Year 2022-23 General Fund budget by increasing the revenue projection in Account Number 1110-51027-44502 (General Fund – Parkinson’s Community Grant – Misc. County/Local Grants) by $10,000; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City does hereby amend the Fiscal Year 2022-23 General Fund budget by adjusting the current Recreation & Community Services – Parkinson’s Community Grant appropriations as follows:
Account Number Description
Current
Budget Adjustment
Amended
Budget
1110-5199-51027-51111 Part-Time Pay $0 $3,061 $3,061
1110-5199-51027-52110 Medicare Tax $0 $44 $44
1110-5199-51027-53701 Other Supplies $0 $765 $765
1110-5199-51027-54113 Contract Employees $9,000 ($2,870) $6,130 1110-5199-51027-54500 Miscellaneous Charges $4,097 ($4,097) $0 Totals $13,097 ($3,097) $10,000
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:
City Council/RSA Agenda 23 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 24 Tuesday, September 13, 2022
Agenda Item
DATE: 9/13/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROVE A PURCHASE ORDER, IN THE AMOUNT OF $165,000, TO PURCHASE, WHEN AVAILABLE, THREE (3) REPLACEMENT VEHICLES
FROM NATIONALAUTO FLEET GROUP OF WATSONVILLE
Staff recommends that the City Counciladopt a resolution authorizing the City Manager to approve a purchase order, in the amount of $165,000, to purchase, when available, the three (3) recommended replacement vehicles from NationalAuto Fleet Group of Watsonville. Following their purchase, three (3) vehicles are to be taken out of service, declared surplus and disposed of in accordance with the provisions of the City’s Municipal Code Section 2.32.130.
STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:
Goal D, Strategy 2: Environmental Sustainability and Infrastructure – Implement the City’s Capital Improvement Plan.
BACKGROUND
As part of the City’s ongoing vehicle replacement program, staff has determined that the three (3) vehicles listed in the table below are no longer feasible and practical for municipal use.
NO. UNIT YEAR MAKE MODEL MILEAGE AGE VIN
1 170 2013 NISSAN ALTIMA 118,600 9 1N4BL3AP1DN448954
2 123 2015 FORD UTILITY
INTERCEPTOR
75,000 7 1FM5K8AT0FGB51942
3 530 2012 FORD F350 92,000 10 1FDBF3E65CEB23656
City Council/RSA Agenda 25 Tuesday, September 13, 2022
Given the age and mileage of the vehicles listed for replacement, their continued utilization in the City’s fleet is not recommended as it would lead to higher maintenance costs and unreliability. It also starts to become challenging to find replacement parts and pass SMOG inspections with the potential for significant repairs when servicing vehicles this old.
DISCUSSION
The following three (3) vehicles are recommended to be replaced:
1. Unit 170, a 2013 Nissan Altima, used by Police Department staff, is being recommended for replacement with a new 2023 Ford F150 Truck. The Police Department has found that the Ford F150 better fits their service needs as an undercover unmarked vehicle compared to the Nissan Altima.
2. Unit 123, a 2015 Ford Utility Interceptor, used by Police Department staff, is being recommended for replacement with a new 2023 Ford Utility Interceptor.
3. Unit 530, a 2012 Ford F350 Truck, used by Grounds Division staff, is being recommended for replacement with a new 2023 Ford F350 Truck.
.
Replacement of Unit 170 with a F150 hybrid/electric vehicle is migrating us towards our goal of electrifying our fleet and aligns us with the strategic plan.
The Public Works Fleet Division will seek proposals from National Auto Fleet Group of Watsonville when the purchasing windows open. We are asking for a purchase order for $165,000 to purchase the three (3) vehicles when available. Vehicle purchases are available under a Sourcewell cooperative agreement (formerly known as the National Joint Powers Alliance), government purchasing contract #120716-NAF. Sourcewell ensures competitive pricing through a national request for proposals process that leverages the purchasing power of member agencies while streamlining purchasing procedures. This enables the City to legally purchase discounted vehicles through Sourcewell-awarded contracts.
FISCAL IMPACT
The funds for the purchase order to purchase, when available, the three (3) recommended replacement vehicles, in the amount $165,000, are available in the FY 2022-2023 Garage Equipment Replacement Fund budget, Account Number 6122-3151-35004-57130.
RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing the City Manager to approve a purchase order, in the amount of $165,000, to purchase, when available, the three (3) recommended replacement vehicles from NationalAuto Fleet Group of Watsonville.
Prepared by:
Bob Calderon, Public Works Fleet Supervisor
Submitted by:
City Council/RSA Agenda 26 Tuesday, September 13, 2022
Marilou Ayupan, Public Works Director
ATTACHMENTS:
Description Type
Resolution Resolution
City Council/RSA Agenda 27 Tuesday, September 13, 2022
RESOLUTION NO. _________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
AUTHORIZING THE CITY MANAGER TO APPROVE A PURCHASE ORDER, IN THE AMOUNT OF $165,000, TO PURCHASE, WHEN AVAILABLE, THREE (3) REPLACEMENT VEHICLES FROM
NATIONAL AUTO FLEET GROUP OF WATSONVILLE
WHEREAS, three (3) City vehicles consisting of two (2) in the Police Department and one (1) in the Public Works Department are due for replacement due to their age and mileage; and WHEREAS, the three (3) vehicles recommended for purchase, when available, will be under a Sourcewell cooperative agreement government purchasing contract through National Auto Fleet Group of Watsonville, California; and
WHEREAS, the purchase order being recommended for the vehicle replacements totals $165,000; and
WHEREAS, the three (3) vehicles to be replaced have been presented to the City Council and will be declared surplus upon purchasing the replacement vehicles, with those surplus vehicles being disposed in accordance with the provisions of the City’s Municipal Code Section 2.32.130; and
WHEREAS, proceeds from the disposal of the surplus vehicles, if any, will be credited to the Garage Equipment Replacement Fund (Fund 6122).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City herby authorizes the City Manager to approve a purchase order, in the amount of $165,000, to purchase, when available, the three (3) recommended replacement vehicles from National Auto Fleet Group of Watsonville; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby declares the three (3) vehicles being replaced be taken out of service, declared surplus and disposed of in accordance with the provisions of the City’s Municipal Code Section 2.32.130, and that the proceeds from their disposal, if any, will be credited to the Garage Equipment Replacement Fund (Fund 6122).
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:
City Council/RSA Agenda 28 Tuesday, September 13, 2022
_________________________
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ ___________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 29 Tuesday, September 13, 2022
City Council/RSA Agenda 30 Tuesday, September 13, 2022
Agenda Item
DATE: 9/13/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CORINAHAHN, COMMUNITY & RECREATION SERVICES INTERIM
DIRECTOR
SUBJECT: RESOLUTION AUTHORIZING THE ACCEPTANCE AND
APPROPRIATION OF DONATED FUNDS FROM GIRL SCOUT TROOP
33812 FOR THE PURCHASE AND INSTALLATION OF A PLAYGROUND
STRUCTURE DESIGNED FOR CHILDREN WITH DISABILITIES IN THE AMOUNT OF $11,000 FOR FISCALYEAR 2022-23
Staff recommends that the City Council adopt a resolution authorizing the acceptance and appropriation of donated funds from Girl Scout Troop 33813 for the purchase and installation of a playground structure designed for children with disabilities in the amount of $11,000 for FiscalYear 2022-23.
STRATEGIC PLAN ALIGNMENT
This agenda item does not have alignment with the Strategic Plan.
BACKGROUND
In April 2021 Girl Scout Cadets and Union City residents Lara Detweiler and Riya Pallikonda attended a Park and Recreation Commission meeting and presented a project they wished to undertake as they worked towards their Girl Scout Silver Award that included raising $10,000 to donate to the City for park playground equipment that could be used by children with disabilities, especially those in wheelchairs. Fundraising is a significant component of the Silver Award project, which is the highest honor a Girl Scout Cadet can receive. The Commission was impressed the Lara and Riya’s goal and offered their full support towards achieving their project goal. Community & Recreation Services and Public Works staff provided guidance and information to the Girl Scout Cadets as they started fundraising.
DISCUSSION
By July 2022, Lara and Riya had exceeded their goal, raising $11,000 through the sales of Girl Scout Cookies City Council/RSA Agenda 31 Tuesday, September 13, 2022
and Magazines, arts-n-crafts and handmade jewelry, dining nights at local restaurants, and other community fundraising efforts. Lara and Riya’s Silver Award project focused on making Union City a more inclusive community by adding more play structures in parks for children with disabilities, including children in wheelchairs.
FISCAL IMPACT
The acceptance and appropriation of $11,000 in private donated funds received from Girl Scouts Troop 33812 will provide funding to the Public Works Department to purchase and install new play structure equipment that is inclusive for children with disabilities.
RECOMMENDATION
Staff recommends that City Counciladopt a resolution:
1. Authorizing the acceptance of donated funds from Girl Scout Troop 33812 for the purpose of purchasing and installing a playground structure designed for children with disabilities in the amount of $11,000 for FiscalYear 2022-23; and
2. Amend the Fiscal Year 2022-23 Special Parks Fund budget by increasing revenue projection in Account Number 2550-91109-47105 (Special Parks Fund – Playground Equipment – Donations); and
3. Amending the FY 2022-23 Special Parks Fund budget by appropriating $11,000 to Account Number 2550-3199-91109-54111 (Special Parks Fund – PW General – Playground Equipment – Contractual Services).
Prepared by:
Chris Valuckas, Senior Recreation Supervisor
Submitted by:
Corina Hahn, Community & Recreation Services Interim Director ATTACHMENTS:
Description Type
Resolution -Accepting Girl Scout Donation Resolution
City Council/RSA Agenda 32 Tuesday, September 13, 2022
RESOLUTION NO. XXXX-22
RESOLUTION AUTHORIZING THE ACCEPTANCE AND APPROPRIATION OF DONATED FUNDS FROM GIRL SCOUTS TROOP 33812 FOR THE PURCHASE AND
INSTALLATION OF A PLAYGROUND STRUCTURE DESIGNED FOR CHILDREN WITH DISABILITIES, IN THE AMOUNT OF $11,000, FOR FISCAL YEAR 2022-23 WHEREAS, the Community & Recreation Services and Public Works Department received a private donation, in the amount of $11,000, from Girl Scout Cadets and Union City residents, Lara Detweiler and Riya Pallikonda, who are part of Girl Scouts Troop 33812; and WHEREAS, it is the desire of the Community & Recreation Services and Public Works Departments to utilize these funds in accordance with the intent of the donation for the purchase and installation of play structure equipment for children with disabilities, including children in wheelchairs, in City parks; and
WHEREAS, the City Council authorizes the City to accept this generous donation; and WHEREAS, in order to expend these funds in the 2022-23 Fiscal Year, an appropriation is required by action of the City Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby accept the donation from Girl Scout Troop 33812, in the amount of $11,000, for the purchase and installation of play structure equipment for children with disabilities, including children in wheelchairs, in City parks; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City does hereby amend the Fiscal Year 2022-23 Special Parks Fund budget by increasing the revenue projection in Account Number 2550-91109-47105 (Special Parks Fund – Playground Equipment – Donations) by $11,000; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City does hereby amend the Fiscal Year 2022-23 Special Parks Fund budget by appropriating $11,000 to Account Number 2550-3199-91109-54111 (Special Parks Fund – PW General – Playground Equipment – Contractual Services).
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:
City Council/RSA Agenda 33 Tuesday, September 13, 2022
Resolution No. XXXX-22
APPROVED:
__
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ ___________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 34 Tuesday, September 13, 2022
Agenda Item
DATE: 9/13/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: ADOPT TWO RESOLUTIONS 1) FINDING THAT THERE IS A PROCLAIMED STATE OF EMERGENCY; FINDING THAT MEETING IN
PERSON WOULD PRESENT IMMINENT RISKS TO THE HEALTH OR
SAFETYOF ATTENDEES AS A RESULT OF THE STATE OF EMERGENCY; AND (2) AUTHORIZING REMOTE TELECONFERENCED MEETINGS OF
THE LEGISLATIVE BODIES OF THE CITY OF UNION CITY FOR THE 30 DAY PERIOD BEGINNING SEPTEMBER 13 PURSUANT TO AB 361 AND
ADOPT A RESOLUTION CONFIRMING THE CONTINUED EXISTENCE
OF A LOCAL EMERGENCY DUE TO COVID-19
Staff recommends that the City Council adopt a resolution to continue conducting City Council and all other City Council appointed Board and Commission meetings remotely due to health and safety concerns for the public and making related findings in compliance with AB 361 (2021). Additionally, staff recommends that the City Councilconfirm the continued existence of the localemergency.
On May 24, 2022, the City Council made the necessary findings pursuant to AB 361 to continue to conduct virtual meetings. AB 361 requires that the City Council revisit the need to continue conducting virtual meetings every 30 days. Staff and the City Attorney recommend that the City Council adopt a resolution making the necessary findings pursuant to AB 361 to continue conducting virtual meetings. Absent further action of the City Council, the City's legislative bodies would need to continue in-person meetings 30 days after August 23, 2022.
The City Council ratified a proclamation of local emergency on March 16, 2020 as a result of the COVID-19 pandemic. The City Council confirmed the continued existence of the local emergency due to the COVID-19 pandemic in accordance with state law on May 12, 2020, June 23, 2020, August 11, 2020, September 22, 2020, November 10, 2020, December 22, 2021, February 9, 2021, March 23, 2021, May 11, 2021, June 22, 2021, August 10, 2021, September 28, 2021, November 23, 2021, and January 11, 2022, March 8, 2022, April 26, 2022, June 14, 2022, July 12, 2022, August 9, 2022, and August 23, 2022. City staff and the City Attorney recommend that the City Councilconfirm the continued existence of the localemergency.
City Council/RSA Agenda 35 Tuesday, September 13, 2022
STRATEGIC PLAN ALIGNMENT
This action is not related to the Strategic Plan as it is in response to the COVID-19 pandemic.
BACKGROUND
Assembly Bill 361
On March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State address the broader spread of COVID 19.
On March 16, 2020, the City Council adopted a Resolution ratifying the proclamation of a local state of emergency by the Director of Emergency Services due to COVID-19.
On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N29-20, which suspended certain provisions of the Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means. Additionally, the State implemented a shelter-in-place order, requiring all non-essential personnel to work from home.
The City has established virtual meetings for all City Council and City Council appointed Board and Commission meetings. The virtual meetings have allowed the Council and advisory bodies to continue to conduct City business from remote locations while ensuring the public’s continued access to government meetings in a safe manner.
On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things, rescinded certain clauses of Executive Order N-29-20 after September 30, 2021, including clauses that suspended certain provisions of the Brown Act. Thus, effective October 1, 2021, agencies would have had to transition back to public meetings held in fullcompliance with the Brown Act.
Since the Governor issued Executive Order N-08-21, the highly contagious Delta and Omicron variants have emerged, causing a spike in cases throughout the state and within the Alameda County. A highly contagious Omicron sub-variant has also emerged.
On September 16, 2021, the Governor signed AB 361 (2021) which allows for local legislative and advisory bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that the Council make specified findings. AB 361 took effect immediately.
The City Counciladopted a resolution pursuant to AB 361 on September 28, 2021 in order to allow the City’s legislative bodies to continue conducting virtual meetings after September 30, 2021. The resolution included all of the necessary findings required pursuant to AB 361. The City has continued to adopt resolutions making the necessary findings to continue operating virtually since that time.
Confirming Continued Existence of a Local Emergency
On March 16, 2020, the City Manager, acting as Director of Emergency Services, proclaimed a local emergency pursuant to California Government Code Section 8630 and Union City Municipal Code Chapter
2.28. The emergency declaration was based on conditions of extreme peril to the safety of persons and property within the City as a consequence of the global spread of novel coronavirus 2019 ("COVID-19"), including confirmed cases in Alameda County. On that same day, the City Council adopted a resolution ratifying the Proclamation of Local Emergency issued by the Director of Emergency Services.
City Council/RSA Agenda 36 Tuesday, September 13, 2022
On May 12, 2020, the City Council adopted a resolution confirming the continued existence of the local emergency due to the COVID-19 pandemic. Subsequently, on June 23, 2020, August 11, 2020, September 22, 2020, November 10, 2020, December 22, 2020, February 9, 2021, March 23, 2021, May 11, 2021, June 22, 2021, August 10, 2021, September 28, 2021, November 23, 2021, January 11, 2022, March 8, 2022, April 26, 2022, June 14, 2022, July 12, 2022, August 9, 2022, and August 23, 2022 the City Counciladopted resolutions confirming the continued existence of the localemergency.
DISCUSSION
AB 361
The California Legislature approved AB 361 and the Governor signed the bill into law on September 16, 2021.
AB 361 allows local legislative bodies to continue to meet remotely after the expiration of the clauses of Executive Order N-29-20 which suspended certain Brown Act provisions. Under AB 361, the City and its legislative bodies will be allowed to continue to meet remotely when:
• The localagency holds a meeting during a declared state of emergency; • State or local health officials have imposed or recommended measures to promote social distancing; • Legislative bodies declare the need to meet remotely due to present imminent risks to the health or safety of attendees.
The City meets the requirements to continue holding meetings remotely in order to ensure the health and safety of the public:
• The Governor has declared a State of Emergency, and the City Council has ratified the proclamation of a localemergency by the Director of Emergency Services;
• County Health orders require that individuals in indoor public spaces wear masks and the CDC recommends social distancing of at least six feet due to COVID-19; • The Delta and Omicron variants of COVID-19 has resulted in a significant increase of COVID-19 cases within the state and throughout Alameda County;
• Meeting in person would present imminent risks to the health or safety of attendees, the legislative bodies, and staff.
AB 361 has been signed into law. Therefore, the City Council is required to declare every 30 days that the City’s legislative bodies must continue to meet remotely in order to ensure the health and safety of the public.
The City Council has previously acted to make continued findings pursuant to AB 361.
The proposed resolution includes the necessary findings pursuant to AB 361 to allow the City Counciland the City’s legislative bodies to continue meeting remotely.
Continued Emergency
Pursuant to Government Code Section 8630, the City Council must review and confirm the continued existence of a local emergency at least once every sixty (60) days. This Resolution comes to the City Council prior to the expiration of sixty (60) days from the previous confirmation of local emergency to ensure there is no interruption in the declaration of the continued localemergency.
The conditions that prompted the original declaration of a local emergency persist and health officials are still learning more information regarding the nature of COVID-19 and how it is transmitted. Community transmission of COVID-19 continues to occur, and the number of cases within Alameda County is still high.
City Council/RSA Agenda 37 Tuesday, September 13, 2022
There are now 323,791 cases within the County, and 1,940 deaths (as of September 13, 2022). The spread of COVID-19 continues as a result of the highly contagious Delta and Omicron variants of the virus. While the Alameda County Health Officer shelter in place order requiring that all residents shelter at home has been rescinded, public health and safety concerns for persons and property within the City as a consequence of the global spread of COVID-19 continue to exist.
Declaring a state of emergency provides local governments with the power necessary to coordinate and implement plans aimed at protecting the community and property during a disaster. For example, a declaration of emergency is often necessary to secure mutual disaster aid from local, state and federal agencies. A declaration of emergency also permits the Director of Emergency Services to promulgate orders and regulations necessary for the protection of life and property, such as imposing a curfew and ordering use of facilities for governmental purposes. Additionally, declaring a state of emergency ensures that the local government and its officials and employees are immune from liability when exercising their official duties during an emergency.
If adopted, the declaration of emergency will continue to remain in place until the emergency conditions have ended. However, the City Council will be required to continue to review the declaration at least every 60 days.
FISCAL IMPACT
This is no fiscal impact of adopting this Resolution.
RECOMMENDATION
Staff recommends that the City Council adopt resolutions to continue the declaration of emergency and make the necessary findings to continue conducting City Council and all other City Council appointed Board and Commission meetings remotely due to health and safety concerns for the public in compliance with AB 361 (2021).
Prepared by:
Shandyn Pierce, Associate Attorney
Submitted by:
Kristopher J. Kokotaylo, City Attorney
ATTACHMENTS:
Description Type
AB361 Resolution Resolution
Emergency COVIDResolution September 2022 Resolution
City Council/RSA Agenda 38 Tuesday, September 13, 2022
RESOLUTION NO. XXXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UNION CITY FINDING THAT THERE IS A PROCLAIMED
STATE OF EMERGENCY; FINDING THAT MEETING IN
PERSON WOULD PRESENT IMMINENT RISKS TO THE
HEALTH OR SAFETY OF ATTENDEES AS A RESULT OF
THE STATE OF EMERGENCY; AND AUTHORIZING
REMOTE TELECONFERENCED MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITY OF UNION CITY FOR
THE 30 DAY PERIOD BEGINNING SEPTEMBER 13
PURSUANT TO AB 361
WHEREAS, all meetings of the City of Union City’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of the novel coronavirus disease 2019 (“COVID-19”); and
WHEREAS, on March 16, 2020, the City Council adopted a Resolution ratifying the proclamation of a local emergency by the Director of Emergency Services due to COVID-19; and WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and
WHEREAS, as a result of Executive Order N-29-20, staff set up virtual meetings for all City Council meetings and meetings of all legislative bodies within the City; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, ends the provisions of Executive Order N-29-20 that allows local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, on September 16, 2021, Governor Newsom signed AB 361 (2021) which allows for local legislative bodies and advisory bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that the City Council make specified findings. AB 361 (2021) took effect immediately; and WHEREAS, AB 361 (2021) requires that the Governor declare a State of Emergency pursuant to Government Code section 8625; and
WHEREAS, AB 361 (2021) further requires that state or local officials have imposed or recommended measures to promote social distancing, or, requires that the legislative body City Council/RSA Agenda 39 Tuesday, September 13, 2022
determines that meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, such conditions now exist in the City and Governor Newsom has declared a State of Emergency due to COVID-19; and
WHEREAS, since issuing Executive Order N-08-21, the highly contagious Delta and Omicron variants, in addition to Omicron sub-variants, of COVID-19 have emerged, causing an increase in COVID-19 cases throughout the State and Alameda County; and WHEREAS, the Centers for Disease Control and Prevention (“CDC”) continues to recommend physical distancing of at least 6 feet from others outside of the household and CalOSHA recommends social distancing under certain circumstances and maintaining six feet of distance can avoid close contacts requiring quarantine. State and local officials currently strongly recommend wearing masks indoors and state officials further recommend the use of masks when social distancing is not possible; and
WHEREAS, because of the rise in cases due to the Omicron variant and sub-variants of COVID-19, the City is concerned about the health and safety of all individuals who intend to attend City Council and meetings of the City’s other legislative bodies; and WHEREAS, on September 28, 2021 the City Council found that the presence of COVID-19 and the increase of cases due to the Delta variant would present imminent risks to the health or safety of attendees, including the legislative bodies and staff, should the City’s legislative bodies hold in person meetings; and
WHEREAS, the highly contagious Omicron variant resulted in the greatest nationwide infection rate since the beginning of the COVID-19 pandemic; and WHEREAS, the highly contagious Omicron variant has since resulted in several highly contagious sub-variants, including BA.5, which has become the dominant strain of COVID-19; and
WHEREAS, the City Council hereby finds that the imminent risks of the City’s legislative bodies holding in person meetings to the health or safety of attendees continues to exist; and
WHEREAS, the City shall ensure that it’s meetings comply with the provisions required by AB 361 (2021) for holding teleconferenced meetings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Union City as follows:
1. The above recitals are true and correct, and incorporated into this Resolution.
2. In compliance with AB 361 (2021), and in order to continue to conduct teleconference meetings without complying with the usual teleconference meeting requirements of the Brown Act, the City Council makes the following continued findings:
City Council/RSA Agenda 40 Tuesday, September 13, 2022
a) The City Council has reconsidered the circumstances of the state of emergency; and
b) The state of emergency, as declared by the Governor and City Council, continues to directly impact the ability of the City Council and the City’s legislative bodies, as well as staff and members of the public, from meeting safely in person; and c) The CDC continues to recommend physical distancing of at least six feet due to COVID-19, state and local officials continue to recommend the use of masks and physical distancing under certain circumstances, and as a result of the presence of COVID-19 and the increase of cases due to the Delta and Omicron variants, meeting in person would present imminent risks to the health or safety of attendees, the legislative bodies and staff.
3. City Council and City’s legislative bodies may continue to meet remotely in compliance with AB 361, in order to better ensure the health and safety of the public.
4. The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.
5190437.1
City Council/RSA Agenda 41 Tuesday, September 13, 2022
1 CITY OF UNION CITY
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
CONFIRMING THE CONTINUED EXISTENCE OFA LOCAL EMERGENCY DUE TO COVID-19
WHEREAS, Government Code Section 8630 and Union City Municipal Code Section
2.28.060 authorize the Director of Emergency Services to proclaim a local emergency when conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a city exist if the City Council is not in session and provides that the City Council shall ratify the proclamation within seven days thereafter; and WHEREAS, in accordance with Government Code Section 8630 and Union City Municipal Code Section 2.28.060, the Director of Emergency Services proclaimed the existence of a local emergency caused by the Novel Coronavirus (COVID-19), a respiratory disease first identified in China that may result in serious illness or death that is easily transmissible from person to person, on March 16, 2020; and WHEREAS, on March 16, 2020, the City Council ratified and confirmed the proclamation of the existence of a local emergency issued by the Director of Emergency Services; and
WHEREAS, on May 12, 2020, the City Council adopted Resolution No. 5595-20 confirming the continued existence of the local emergency; and WHEREAS, on June 23, 2020 the City Council adopted Resolution No. 5618-20 confirming the continued existence of the local emergency; and WHEREAS, on August 11, 2020 the City Council adopted Resolution No. 5642-20 confirming the continued existence of the local emergency; and WHEREAS, on September 22, 2020 the City Council adopted Resolution No. 5656- 20 confirming the continued existence of the local emergency; and WHEREAS, on November 10, 2020 the City Council adopted Resolution No. 5684- 20 confirming the continued existence of the local emergency; and WHEREAS, on December 22, 2020 the City Council adopted Resolution No. 5700- 20 confirming the continued existence of the local emergency; and WHEREAS, on February 9, 2021 the City Council adopted Resolution No. 5710-21 confirming the continued existence of the local emergency; and WHEREAS, on March 23, 2021 the City Council adopted Resolution No. 5731-21 confirming the continued existence of the local emergency; and City Council/RSA Agenda 42 Tuesday, September 13, 2022
2 WHEREAS, on May 11, 2021 the City Council adopted Resolution No. 5752-21 confirming the continued existence of the local emergency; and WHEREAS, on June 22, 2021 the City Council adopted Resolution No. 5785-21 confirming the continued existence of the local emergency; and WHEREAS, on August 10, 2021 the City Council adopted Resolution No. 5817-21 confirming the continued existence of the local emergency; and WHEREAS, on September 28, 2021 the City Council adopted Resolution No. 5829- 21 confirming the continued existence of the local emergency; and WHEREAS, on November 23, 2021 the City Council adopted Resolution No. 5857- 21 confirming the continued existence of the local emergency; and WHEREAS, on January 11, 2022 the City Council adopted Resolution No. 5881-22 confirming the continued existence of the local emergency; and WHEREAS, on March 8, 2022 the City Council adopted Resolution No. 5904-22 confirming the continued existence of the local emergency; and WHEREAS, on April 26, 2022 the City Council adopted Resolution No. 5926-22 confirming the continued existence of the local emergency; and WHEREAS, on June 14, 2022 the City Council adopted Resolution No. 5946-22. confirming the continued existence of the local emergency; and WHEREAS, on July 12, 2022 the City Council adopted Resolution No. 5974-22, confirming the continued existence of the local emergency; and WHEREAS, on August 9, 2022 the City Council adopted Resolution No. 5994-22, confirming the continued existence of the local emergency; and WHEREAS, on August 23, 2022 the City Council adopted Resolution No. 5995-22, confirming the continued existence of the local emergency; and WHEREAS, pursuant to Government Code Section 8630 the City Council must periodically review the need for continuing the local emergency; and WHEREAS, pursuant to Government Code Section 8630, the City Council must review the need for continuing the local emergency at least every sixty (60) days; and WHEREAS, the conditions that prompted the original declaration of a local emergency City Council/RSA Agenda 43 Tuesday, September 13, 2022
3 continue to exist; and
WHEREAS, the recitals contained in Resolution No. 5572-20, adopted by the City Council on March 16, 2020, the recitals contained in Resolution No. 5595-20 adopted by the City Council on May 12, 2020, the recitals contained in Resolution No. 5618-20 adopted by the City Council on June 23, 2020, the recitals contained in Resolution No. 5642-20 adopted by the City Council on August 11, 2020, the recitals contained in Resolution No. 5656-20 adopted by the City Council on September 22, 2020, the recitals contained in Resolution No. 5684-20 adopted by the City Council on November 10, 2020, the recitals contained in Resolution No. 5700-20 adopted by the City Council on December 22, 2020, the recitals contained in Resolution No. 5700-20adopted by the City Council on February 9, 2021, and the recitals contained in Resolution No. 5710-21 adopted by the City Council on March 23, 2021 and the recitals contained in Resolution No. 5752- 21 adopted by the City Council on May 11 2021, and the recitals contained in Resolution No. 5785-21 adopted by the City Council on June 22, 2021, and the recitals contained in Resolution No. 5817-21 adopted by the City Council on August 10, 2021, and the recitals contained in Resolution No. 5829-21 adopted by the City Council on September 28, 2021, and the recitals contained in Resolution No. 5857-21 adopted by the City Council on November 23, 2021 and the recitals contained in Resolution No. 5881-22 adopted by the City Council on January 11, 2022, and the recitals contained in Resolution No. 5904-22 adopted by the City Council on March 8, 2022, and the recitals contained in Resolution No. 5926-22 adopted by the City Council on April 26, 2022, and the recitals contained in Resolution No. 5946-22 by the City Council on June 14, 2022, and the recitals contained in Resolution No. 5974-22 adopted by the City Council on July 12, 2022, and the recitals contained in Resolution No. 5994-22 adopted by the City Council on August 9, 2022, and the recitals contained in Resolution No. 5995-22 adopted by the City Council on August 23, 2022 are incorporated into this Resolution as if stated herein; and WHEREAS, community transmission of COVID-19 has continued to occur and health officials are still learning more information regarding the nature of COVID-19 and how it is transmitted; and
WHEREAS, the number of cases within Alameda County has continued to rise, and as of September 7, 2022, there are now over 323,791 confirmed cases of COVID-19 within the County, and 1,940 deaths; and
WHEREAS, since the initial declaration of a local emergency on March 16, 2020 the highly contagious Delta and Omicron variants, as well as Omicron sub-variants, have emerged and resulted in COVID-19 infections; and
WHEREAS, the public health and safety concerns for persons and property within the City as a consequence of the global spread of COVID-19 continue to exist; and WHEREAS, the health, safety, and welfare of Union City residents, businesses, visitors, and staff is of utmost importance to the City and additional future measures may be needed to protect the community; and
City Council/RSA Agenda 44 Tuesday, September 13, 2022
4 WHEREAS, the City may require additional assistance in the future, and a formal declaration of emergency allows the City to access resources in a timely manner in a timely fashion; and
WHEREAS, the City Council finds that conditions of extreme peril to the safety of persons and property within the territorial limits of the City related to COVID-19 pandemic continue in existence; and
WHEREAS, the City Council finds that extraordinary measures are required to protect the public health, safety, and of persons and property within the City that are or are likely to be beyond the control or capability of the services, personnel, equipment, and facilities of the City; and WHEREAS, the City Council desires to confirm the continued existence of a local emergency within Union City due to COVID-19.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Union City hereby declares as follows:
1. The local emergency declared by Resolution No. 5572-20 due to the COVID-19 pandemic continues to exist within the City of Union City.
2. During the existence of the declared local emergency, the powers, functions, and duties of the City Manager, acting as Director of Emergency Services, and the emergency organization of this City shall be those prescribed by State law and by ordinances and resolutions of the City of Union City.
3. The declaration of local emergency shall remain in effect until such time that the City Council determines that the emergency conditions have been abated.
4. City staff is directed to place an item on the agenda for review at least every sixty (60) days from the effective date of this Resolution to determine the need for continuing the local emergency pursuant to Government Code Section 8630. 5190435.1
City Council/RSA Agenda 45 Tuesday, September 13, 2022
Agenda Item
DATE: 9/13/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO
APPROVE THE FIRST AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT WITH VSCE, INC., IN THE AMOUNT OF $375,000, FOR
PROJECT MANAGEMENT SERVICES FOR THE QUARRY LAKES PARKWAY PROJECT, CITY PROJECT NO. 18-04, FOR A TOTAL CONTRACT AMOUNT OF $449,100, AND APPROPRIATING $320,000 FROM THE UNASSIGNED FUND BALANCE IN THE SB-1 FUND (FUND 2515)
Staff recommends that the City Council adopt a resolution authorizing the City Manager to approve the First Amendment to the Consulting Services Agreement with VSCE, Inc., in the amount of $375,000, for Project Management Services for the Quarry Lakes Parkway Project, City Project No. 18-04, for a total contract amount of $449,100, and appropriating $320,000 from the Unassigned Fund Balance in the SB-1 Fund (Fund 2515).
STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:
Goal C, Strategy 2: Economic, Community Development and Public Safety – Facilitate the build out of the greater Station District Area through the construction of the Quarry Lakes Parkway.
BACKGROUND
At the November 19, 2020 Alameda County Transportation Commission (Alameda CTC) Meeting, Alameda CTC staff in partnership with Union City staff, presented the findings of the Quarry Lakes Parkway (former East West Connector) project. Following Alameda CTC staff’s recommendation, the full Commission adopted a resolution to:
1. Commit the remaining balance of 1986 Measure B funding for the East West Connector (I-880 to Mission Blvd) Project to the Quarry Lakes Parkway Project ($69.0 Million) sponsored by Union City and acknowledging that the commitment fulfills the 1986 Measure B funds from the 1986 Transportation Expenditure Plan;
City Council/RSA Agenda 46 Tuesday, September 13, 2022
2. Allocate $4.2 Million of 1986 Measure B funds to design phases of Phase 1 (7 th Street Connection) for
$2.0 Million and Phase 2 (Gateway Connection) for $2.2 Million;
3. Allocate $17.8 Million of 1986 Measure B funds to design phases of Phase 3 (11 th Street Connection)
for $9.2 Million and Phase 4 (Grade Separations & Alvarado-Niles Connection) for $8.6 Million with the condition that full funding for all phases of the segment will be identified in the funding agreement;
4. Authorize the Executive Director, or designee of the Executive Director, to execute a project funding agreement, or agreements, with the City of Union City for the design phases of Phases 1, 2, 3 and 4 of the Quarry Lakes Parkway Project up to the amount allocated in the design phases for each segment.
On August 9, 2021, the City of Union City entered into Consulting Service Agreement, C5778, with VSCE, Inc., in the amount of $74,100, for Project Management Services in the preparation of Request for Proposal (RFP) for selecting a Consultant for the Final Design of Quarry Lakes Parkway for Phases 1 and 2, City Project No. 18-04, and managing the selected Design Consultant for Preliminary Engineering (30% Design) Phase of Phase 1 and 2.
On January 11, 2022, the City Council passed Resolution No. 5878-22, awarding the design of Phases (Segments) 1 and 2 of Quarry Lakes Parkway (East West Connector) to Mark Thomas & Company, Inc. This award came after several months of Request for Proposals (RFP) process, pre-proposal meeting, responding to consultant questions and conducting a project interview and then selecting the most qualified, experience consultant team.
DISCUSSION
Quarry Lakes Parkway (QLP), a new multimodal corridor parallel to Decoto Road is important backbone infrastructure for local internalcirculation, access to and from the Union City BART Station, major utilities, overall storm water treatment and drainage to support the build-out of the 100-acres Station District Area. QLP is also a major flood control project for Alameda County Flood Control and Water Conservation District’s Line M Flood Control Channel with a proposed Line M Bypass pipeline from the existing Line M Flood Control Channel near the Public Work’s Corporation Yard on 7
th Street to the existing Old Alameda Creek next to Arroyo Park. The Line M Bypass will provide more capacity to the existing Line M Flood Control Channel for a 100-year storm event occurrence reducing flooding downstream near the Alameda County Flood Control Channel.
On June 24, 2021, the California Transportation Commission (CTC) approved the conveyance of excess Caltrans parcels (originally reserved for Route 84) appraised at $86.0 Million to the City of Union City for future development. Quarry Lakes Parkway, Phase 2 segment is located within this former Caltrans property and the City is now coordinating QLP, Phase 2 with City Ventures, the selected housing developer for the 25-acre Gateway site.
Proceeds of the $86.0 million for the sale of the property to the City Ventures will be deposited into a Caltrans’ Local Agency Transportation Improvement Program (LATIP) fund account. These funds will be programmed for Caltrans’ administration costs ($3.0 million) and the remaining funds will be distributed by Caltrans to fund remaining project cost of the I-880/Mission Boulevard Interchange ($7.350 million), Fremont’s Route 84 Relinquishment ($17.720 million) and Decoto Complete Streets- Quarry Lakes Parkway ($58.214 million).
Mark Thomas and Company, Inc (MTCo). began the Preliminary Engineering (30% Design) effort in late January 2022 on the Quarry Lakes Parkway, Phases 1 and 2 design by preforming a detailed evaluation of the Alameda CTC’s East West Connector Project Plans and any available technical studies. Richard Tanaka, VSCE’s assigned Project Manager has assisted the City in managing the Mark Thomas’ Consultant Agreement including coordination of technical meeting with staff and other agencies including City of Fremont, Alameda County Flood Control and Water Conservation District, Alameda County Water District and Regional Water Quality Control Board.
Other critical efforts include coordination and meetings with Gateway developer and their technical team and providing them with Quarry Lakes Parkway CAD files, drawings, technical reports, surveys, and other pertinent engineering information.
City Council/RSA Agenda 47 Tuesday, September 13, 2022
Over the past nine (9) months, the Project Team has accomplished the following:
Redesigned Quarry Lakes Parkway as multimodal corridor implementing Caltrans Highway Design Manual, California MUTCD (Municipal Unified Traffic Control Devices) and NACTO (National Association of City Transportation Officials) design standards and criteria for trails, bikeways, and transit.
Provided City of Fremont, AC Transit, BART, and Union City’s BPAC (Bicycle and Pedestrian Advisory Committee an update of multimodal improvements of Quarry Lakes Parkway corridor.
Re-imaged the drainage design strategy to be more context-sensitive for better land-use opportunities Developed a concept to relocate the proposed stormwater detention and treatment basins proposed by Alameda CTC’s East West Connector adjacent to Old Alameda Creek improving the Gateway site development parcels.
The First Amendment to the Consulting Services Agreement, in the requested amount of $375,000, if approved, will bring the total contract amount to $449,100, and will allow VSCE, Inc. to continue to provide Project Management Services of the Final Design Consultant for Quarry Lakes Parkway, Phases 1 and 2, including but not limited to, coordination with the Consultant Project Team, the City of Fremont, other public and regulatory agencies, utility companies and the Gateway Site developer, including meeting attendance, review of presentations and meeting minutes, review of draft technical reports and plans prepared by the Design Consultant and the developer’s Engineer for the Quarry Lakes Parkway Project, City Project No. 18-04.
FISCAL IMPACT
On June 14, 2022, the City Council adopted Resolution No. 5951-22 adopting a List of Projects for Fiscal Year 2022-2023 funded by SB-1: The Road Repair and Accountability Act of 2017, estimated at $1,658,973, and the List of Projects includes the Quarry Lakes Parkway Project, City Project No. 18-04.
The First Amendment to the Consulting Services Agreement with VSCE, Inc., in the amount of $375,000, will be funded with $55,000 from the Measure BB Streets and Roads Fund (Account Number 2545-3199-91804-54110) and $320,000 from the SB-1 Road Maintenance and Rehabilitation Fund (Account Number 2515-3199-91804- 54110).
Funds are available for this contract amendment in the Fiscal Year 2022-2023 Measure BB budget (Fund 2545), but not in the FY 2022-2023 SB-1 budget (Fund 2515). Therefore, a supplementalappropriation of $320,000 from the unassigned fund balance of the SB-1 Fund to Account Number 2515-3199-91804-54110 will need to be approved.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to approve the First Amendment to the Consulting Services Agreement with VSCE, Inc., in the amount of $375,000, for Project Manager Services for the Quarry Lakes Parkway Project, City Project 18-04, for a total contract amount of $449,100, and appropriating $320,000 from the Unassigned Fund Balance in the SB-1 Fund (Fund 2515).
Prepared by:
Marilou Ayupan, Public Works Director
City Council/RSA Agenda 48 Tuesday, September 13, 2022
Submitted by:
Marilou Ayupan, Public Works Director
ATTACHMENTS:
Description Type
Attachment A -Amendment 1 Attachment
Resolution Resolution
City Council/RSA Agenda 49 Tuesday, September 13, 2022
First Amendment to the Contractual Services Agreement
between City of Union City and VSCE, Inc.
FIRST AMENDMENT TO THE
CONTRACTUAL SERVICES AGREEMENT (C5778)
THIS FIRST AMENDMENT (the “First Amendment”) is effective as of this 13th day of September 2022 by and between THE CITY OF UNION CITY, a municipal corporation, (“City”) and VSCE, Inc., ("Consultant"), collectively referred to as the "Parties".
W I T N E S S E T H:
WHEREAS, on August 9, 2021, the Parties entered into a Contractual Services Agreement, C5778 (“Agreement”) for Project Management Services for Quarry Lakes Parkway, City Project No. 18- 04, wherein the Consultant will provide the City with services for the Public Works Department; and
WHEREAS, the Parties desire to amend the Agreement to expand the Scope of Services, increase the compensation by $375,000, and extend the term; and
WHEREAS, the City and Consultant desire to enter into this First Amendment.
NOW, THEREFORE, the Parties hereto do mutually agree as follows:
1. The Scope of Services, as set forth in Exhibit A of the Agreement, is hereby amended to include the services contained in Exhibit A of this First Amendment, attached hereto and incorporated herein by reference.
2. The first sentence of Section 2 "COMPENSATION" of the Agreement is hereby amended to reflect payment based upon a sum increase of Three Hundred Seventy Five Thousand Dollars ($375,000) as set forth in Exhibit B of this First Amendment. The total compensation under the Agreement including this Amendment shall not exceed a total contract amount of Four Hundred Forty Nine Thousand One Hundred Dollars ($449,100). The first sentence shall now read:
City hereby agrees to pay Consultant a sum not to exceed Four Hundred Forty Nine Thousand One Hundred Dollars ($449,100), notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement.
3. The “Term of Services” as set forth in the first sentence of Section 1.1, is hereby extended to December 31, 2023.
4. All other provisions of the Agreement, remain unchanged except as modified by this First Amendment.
City Council/RSA Agenda 50 Tuesday, September 13, 2022
First Amendment to the Contractual Services Agreement
between City of Union City and VSCE, Inc.
IN WITNESS WHEREOF, the City and the Consultant have executed this Amendment effective as of the date hereinabove written.
THE CITY OF UNION CITY VSCE, Inc.
By By
Joan Malloy Jesús M. Vargas
City Manager President
Attest:
___________________________
Anna M. Brown
City Clerk
Approved as to Form:
____________________________
Kristopher J. Kokotaylo
City Attorney
City Council/RSA Agenda 51 Tuesday, September 13, 2022
EXHIBIT A
SCOPE OF SERVICES
AMENDMENT NO. 1 FOR PROJECT MANAGEMENT SERVICES FOR
QUARRY LAKES PARKWAY, CITY PROJECT NO. 18-04
Amendment No. 1 will allow VSCE, Inc. to continue to provide Project Manager Services for Quarry Lakes Parkway, Phases 1 (7th Street Connection) and Phase 2 (Gateway Connection).
Richard Tanaka is assigned Project Manager with over 40 years of experience on major complex transportation and utility projects and will oversee the Final Design contract of Mark Thomas and Company.
VSCE located in Oakland, CA is a Certified SLBE (Small Local Business Enterprise) with Alameda County Transportation Commission (AlaCTC) and DBE (Disadvantaged Business Enterprise) with the State of California.
1) QUARRY LAKES PARKWAY (QLP), PHASES 1 AND 2
Final Design (PS&E) Phase
Task 2 – Project Management Services:
Scope of Services is as defined in Task 2 in Consultant Services Agreement, C5778. a. Work with City to develop and implement City's goals and objectives. b. Coordinate, manage and work with QLP, Phase 1 and 2 Design Consultant. c. Coordinate with local and regulatory agencies for design review and concurrence. d. Manage design schedule and track status of design progress. e. Participate in the review of the Gateway developer development plans. f. Assist in the development of complex phasing plans to support development. g. Assist reviewing monthly invoices and the overall design budget. h. Attend regular design team meetings and city’s internal meetings. i. Provide City with recommendations.
2) QUARRY LAKES PARKWAY, PHASES 3 & 4 (BART- UP GRADE SEPARATIONS VSCE Team includes Jill Bornor-Brown, retired Port of Oakland Principal Engineer with a wealth of experience with Union Pacific design requirements and approval and Carol Slocum, currently BART Project Manager for various On-Call Projects. Scope of Services is for the preparation of Request for Proposal (RFP), pre-proposal meeting and coordination, and assistance with the consultant selection process as follows:
City Council/RSA Agenda 52 Tuesday, September 13, 2022
RFP PREPARATION
VSCE will develop a Draft Scope of Work in the RFP based on the above data gathering.
It is anticipated that Scope of Work for QLP, Phases 3 and 4 (BART and Union Pacific Grade Separations) will include potential feasibility study (overhead option) and update of all existing East West Connector technical studies for the entire QLP project limits currently underway by City’s design consultant.
VSCE will develop a two-step Request for Proposals (RFP) process, utilizing a hybrid of VTA and Alameda CTC formats which will include introduction, proposers’ instruction, evaluation and selection process and proposal format and contents. The RFP will include all Alameda CTC requirements for use of Measure B and Measure BB funds specifically complying with Local Business Contract Equity (LBCE) Program. City will review Draft RFP and provide comments in support of finalizing and distribution. VSCE will support City with the electronic uploading of the RFP, linking relevant project information for the proposers, developing a list of consultants, contacting proposers and assisting with the preproposal meeting.
PREPROPOSAL MEETING
VSCE will assist City in the preparation and organization of the preproposal meeting including developing the agenda, assisting with project exhibits and Power Point presentation, documenting questions during the meeting, discussion of the Alameda CTC’s LBCE Program for QLP, Phases 3-4, identifying potential primes and matching with Small Local Business Enterprise (SLBE) & Very SLBE firms and developing a register of primes and subconsultants identifying their technical expertise. The preproposal meeting is anticipated to be at one of the city’s facilities close to the Union City BART Station.
RFP INQUIRIES/QUESTIONS
VSCE will be assisting with the preparation of responses to questions & inquiries and will be providing proposers with available requested data in a timely manner. VSCE will also prepare all RFP Addendums, notify all registered primes and subconsultants and posting Addendums on the websites.
Elements of the above tasks will include but are not limited to:
Prepare draft and final RFP
Assist City with issuance of RFP and related documents for the QLP Website Set up, organize, host and document preproposal meeting. Develop List of Consultant Attendees. Communicate required LBCE Program and initiate “Meet the Primes” opportunities. Distribute Addendum (s) for Response to Questions & Clarifications and/or access to additional documents/plans.
Assist City with distribution of Proposals to Official Reviewers Review submitted proposals for Completeness and LBCE Compliance City Council/RSA Agenda 53 Tuesday, September 13, 2022
Consultant Ranking, Selection and Negotiations
VSCE will review all QLP proposals to ensure that the documents have included the minimum requirements as outlined in the RFP including Organization Chart, Project Approach, Key Issues or Challenges, Refined Scope of Work with Fee Proposal, Critical Path Method Schedule, Firm’s Similar Projects, Key Resumes and References. Once VSCE has completed its review, then VSCE will provide to City staff for internal review.
VSCE will also prepare and develop the interview agenda/format, prepare draft interview questions and draft scoring/ranking form for City’s review and concurrence. After City staff has completed review and ranking of the proposals, then VSCE will assist in developing the consultant shortlist allowing firms to move forward to QLP interviews.
VSCE will assist in the organization and preparation of the QLP consultant interviews including coordinating dates/time with interview panel and contacting Consultant Teams on their interview date/time slot. Interviews are expected to be one or two days for QLP, Phases 3-4 depending upon the number of qualified proposals received. VSCE staff may participate in the interview to provide technical expertise but will not be a voting member of the panel.
This work includes reviewing submitted proposals and developing staff report with recommended shortlist or firm’s recommendation. It also includes participation in the interview and selection process and assisting the City with contract negotiation.
Task 1 Deliverables:
Log of Data Gathered
Draft RFP for QLP, Phases 3 and 4
Final RFP for Phases 3 and 4
Preproposal Meeting Materials
Proposal Ranking Matrix
Web Links for the RFP, LBCE Requirements, Forms
Interview Ranking Matrix
Draft Award Recommendations
City Council/RSA Agenda 54 Tuesday, September 13, 2022
EXHIBIT B
COST PROPOSAL AND SCHEDULE
The Cost Proposal for Amendment No. 1 is in the amount of $375,000 and will include the additional project management and project support as follows:
1) Project Management Services for Quarry Lakes Parkway, Phases 1 and 2: Increase the budget for Task 2 to accommodate project management support services for the Phase 1 and 2 Project final design phase for an additional eighteen months from July 1, 2022 through December 31, 2023.
2) RFP Selection Process for Quarry Lakes Parkway, Phases 3 and 4 (Grade Separations): Increase the budget for Task 1 for the preparation of RFP for Phases 3 and 4, outreach for the participation of Alameda CTC certified firms and evaluation, technical rail support for Phases 3 and 4 RFP procurement, review of proposers’ submittal, and the consultant selection process.
HOURLY RATE SCHEDULE:
The original contact billing rates would apply through June 30, 2022.
As of July 1, 2022 VSCE, proposes the following rate schedule for the proposed staff are as follows:
STAFF Hourly Billing Rate
Richard Tanaka (PM) $250.00
Jesus Vargas (Advisor) $275.00
Jill Bornor Brown (Deputy PM) $250.00
Amy Lei (Project Controls/Administrator) $100.00
Trinity Nguyen (Program Manager) $250.00
Carol Slocum (Senior Project Manager) $230.00
Claudia Guadagne (Senior Project Manager) $200.00
COST PROPOSAL:
Cost Proposal Breakdown by tasks and staff are as follows:
Task 1: Project Management for QLP, Phases 1 and 2 Cost Breakdown (PM Services to December 31, 2023, anticipated Final Design Completion) City Council/RSA Agenda 55 Tuesday, September 13, 2022
Staff Hours Billing
Rate Cost
Richard Tanaka (PM) 1,100 $250.00 $275,000
Jesus Vargas (Advisor) 50 $275.00 $13,750
Jill Bornor-Brown (Deputy PM) 80 $250.00 $20,000
Amy Lei (Project Controls/Administrator) 30 $100.00 $3,000 Trinity Nguyen (Program Manager) 10 $250.00 $2,500
Carol Slocum (Senior Project Manager) 50 $230.00 $11,500 Claudia Guadagne (Senior Project Manager) 50 $200.00 $10,000 Reimbursable/Mileages $3,500
Task 1: TOTAL 1,380 $339,250
Task 2: Preparation of Request for Proposal for QLP, Phases 3 and 4 Cost Breakdown (Anticipated six (6) months for consultant selection process) Staff Hours Billing
Rate Cost
Richard Tanaka (PM) 32 $250.00 $8,000
Jesus Vargas (Advisor) 16 $275.00 $4,400
Jill Bornor-Brown (Deputy PM) 36 $250.00 $9,000
Amy Lei (Project Controls/Administrator) 5 $100.00 $500 Trinity Nguyen (Program Manager) 20 $250.00 $5,000
Carol Slocum (Senior Project Manager) 22 $230.00 $5,060 Reimbursable/Mileages $3,790
Task 2: TOTAL 135 $35,750
TOTAL OF AMENDMENT NO. 1 $375,000
SCHEDULE UPDATES:
1) Project Management Services for Quarry Lakes Parkway, Phases 1 and 2 Change from July 1, 2022 to December 31, 2023 (anticipated design completion) 2) Consultant selection process for Phases 3 and 4
Submit Draft RFP for phases 3 and 4 to City December10, 2022 Complete review of Draft RFP (1 week) December 23, 2022 Incorporate RFP comments January 20, 2023
Release QLP and post to City Website (5 weeks) February 20, 2023 Schedule Preproposal Meeting March 20, 2023
City Council/RSA Agenda 56 Tuesday, September 13, 2022
Receive all proposals (Proposal Deadline) April 14, 2023 Complete review and rank Qualified Proposals (2 weeks) April 30, 2023 Schedule QLP Interviews May 1-10, 2023
Notify Top Rank Firms May 20, 2023
Award QLP Consultant Service Agreements (City Council) June 10, 2023 City Council/RSA Agenda 57 Tuesday, September 13, 2022
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
AUTHORIZING THE CITY MANAGER TO APPROVE THE FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH VSCE, INC.,
IN THE AMOUNT OF $375,000, FOR PROJECT MANANGMENT SERVICES FOR THE QUARRY LAKES PARKWAY PROJECT, CITY PROJECT NO. 18-04, FOR A TOTAL CONTRACT AMOUNT OF $449,100, AND APPROPRIATING $320,000 FROM THE UNASSIGNED FUND BALANCE IN THE SB-1 FUND (2515) WHEREAS, the Alameda County Transportation Commission (Alameda CTC) approved the request from the City of Union City to be the project sponsor for the remaining phases of the I-880 to Mission Boulevard/East West Connector Project and to update the project description eligible for the remaining commitment from the 1986 Measure B Transportation Expenditure Plan to reflect the Quarry Lakes Parkway Project; and WHEREAS, on February 12, 2019, the City Council adopted Resolution No. 5444-19, which authorized renaming the I-880 to Mission Boulevard/East West Connector Project to the Quarry Lakes Parkway Project; and
WHEREAS, the City Council has identified in the Strategic Plan Goal C, Strategy 3:
Facilitate the build-out of the greater Station District Area through the construction of the Quarry Lakes Parkway, upgrades to the BART Station, completion of the pedestrian rail crossing and the sale and development of City-owned land; and
WHEREAS, the Project consists of Quarry Lakes Parkway (QLP) in Union City and Decoto Road Complete Streets Project in Fremont, which will be implemented by the City of Fremont; and
WHEREAS, QLP in Union City consists of Phase 1: 7
th Street Connection, Phase 2:
Gateway Connection, Phase 3: 11th Street Connection and Phase 4: Grade Separations and Alvarado-Niles Connection. Phase 5: Paseo Padre and Trail Connection is in both the cities of Union City and Fremont; and
WHEREAS, the remaining commitment of 1986 Measure B funding available for the QLP is approximately $69 Million; and
WHEREAS, the current cost estimate for the QLP and Decoto Road Complete Streets is approximately $288 Million and the cost estimate of QLP Phases 1-4 is approximately $208 Million; and
WHEREAS, on November 19, 2020, the Alameda CTC adopted Resolution No. 20-013 that included approval for the use of 1986 Measure B, CMA-TIP, and future LATIP (Local Agency Transportation Improvement Program) proceeds from the sale of the former Caltrans City Council/RSA Agenda 58 Tuesday, September 13, 2022
Route 84 property in Union City for funding on Quarry Lakes Parkway (former East West Connector), Phases 1-4 projects for approximately $208 million with the QLP, Phase 1: 7th Street Connection at $16.7 million and QLP, Phase 2: Gateway Connection (on the former Caltrans Property) at $20.3 million, which are fully funded phases; and WHEREAS, on June 24, 2021, the California Transportation Commission (CTC) approved the conveyance of excess Caltrans parcels (originally reserved for Route 84) appraised at $86.0 Million to the City of Union City and the City is now responsible to select a residential developer; and
WHEREAS, the $86.0 Million from the sale of the Caltrans parcels for residential development will fund the Local Agency Transportation Improvement Program (LATIP) with estimated LATIP obligations of about $60.0 Million to Quarry Lakes Parkway and Decoto Road Complete Streets; and
WHEREAS, on August 9, 2021, the City of Union City entered into Consulting Service Agreement, C5778, with VSCE, Inc., in the amount of $74,100, for Project Management Services in the preparation of a Request for Proposal (RFP) for selecting a Consultant for the Final Design of Quarry Lakes Parkway for Phases 1 and 2, City Project No. 18-04, and managing the selected Design Consultant for Preliminary Engineering (30% Design) Phase of Phase 1 and 2; and
WHEREAS, on October 14, 2021, the City prepared a notification that the upcoming Request for Proposal (RFP) for Preliminary Engineering (30% Design) of Phases 1 and 2 for Quarry Lakes Parkway, City Project No. 18-04, would be available on city’s website on October 19, 2021 and the notice was emailed to all potential Prime Consultant and Subconsultant firms on the Alameda CTC’s Certified Firms List dated October 1, 2021; and WHEREAS, on December 9, 2021, a Consultant Presentation and Interactive Technical Interview was held at Studio 11 with the Mark Thomas team and the Evaluation Panel consisting of city staff representing the City Manager’s Office, the Community and Economic Development Department, the Public Works Department, and Union City Transit, as well as a Bicycle and Pedestrian Advisory Committee (BPAC) member and a potential developer; and WHEREAS, on January 11, 2022, the City of Union City, under Resolution No. 5878- 22, authorized the City Manager to execute a Consulting Services Agreement with Mark Thomas & Company, Inc. for Preliminary Engineering (30% Design) of Phases (Segments) 1 and 2 for the Quarry Lakes Parkway (East West Connector) Project, City Project No. 18-04, in the amount of $1,200,000; and
WHEREAS, the First Amendment to the Consulting Services Agreement with VSCE, Inc., in the requested amount of $375,000, if approved, will bring the total contract amount to $449,100, and will allow the VSCE, Inc. to continue to provide Project Management Services of the Final Design Consultant for Quarry Lakes Parkway, Phases 1 and 2, including but not limited City Council/RSA Agenda 59 Tuesday, September 13, 2022
to, coordination with the Consultant Project Team, the City of Fremont, other public and regulatory agencies, utility companies and the Gateway developer, including meeting attendance, review of presentations and meeting minutes, review of draft technical reports and plans prepared by the Design Consultant and the developer’s Engineer for the Quarry Lakes Parkway Project, City Project No. 18-04; and
WHEREAS, on June 14, 2022, the City Council adopted Resolution No. 5951-22 adopting a List of Projects for Fiscal Year 2022-2023 funded by SB-1: The Road Repair and Accountability Act of 2017, estimated at $1,658,973, and the List of Projects includes the Quarry Lakes Parkway Project, City Project No. 18-04; and
WHEREAS, the First Amendment to the Consulting Services Agreement with VSCE, Inc., in the amount of $375,000, will be funded with $55,000 from the Measure BB Streets and Roads Fund (Account Number 2545-3199-91804-54110) and $320,000 from the SB-1 Road Maintenance and Rehabilitation Fund (Account Number 2515-3199-91804-54110) for the Quarry Lakes Parkway Project, City Project No. 18-04.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby authorize the City Manager to approve the First Amendment to the Consulting Services Agreement with VSCE, Inc., in the amount of $375,000, for Project Management Services for the Quarry Lakes Parkway Project, City Project No. 18-04, for a total contract amount of $449,100; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City does hereby appropriate $320,000 from the Unassigned Fund Balance in the SB-1 Fund (Fund 2515) to Account Number 2515-3199-91804-54110.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 13
th day of September 2022, by the following vote:
City Council/RSA Agenda 60 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: PUBLIC HEARING AND 1) INTRODUCTION OF AN ORDINANCE FOR ZONING TEXT AMENDMENTS, AT-22-001 AND AT-22-002, TO AMEND CHAPTERS 18.24, 18.31, 18.32, 18.34, 18.50, 18.54, 18.72 AND 18.100 OF
THE UNION CITY MUNICIPAL CODE TO ADD / UPDATE STANDARDS
FOR RESIDENTIAL DEVELOPMENT INCLUDING THE ADDITION OF
OBJECTIVE DESIGN STANDARDS, UPDATES TO SB 9
DEVELOPMENT STANDARDS AND RELATED MISCELLANEOUS
UPDATES, TO STREAMLINE AND CLARIFY REVIEW PROCESSES,
AND TO CONDITIONALLY ALLOW SEASONAL SALES LOTS IN THE
CF ZONING DISTRICT; 2) ADOPTION OF A RESOLUTION AMENDING THE FISCAL YEAR 22-23 MASTER FEE SCHEDULE TO ADD FEES
FOR REVIEW OF SB 9 DEVELOPMENTS; AND 3) ADOPTION OF A
RESOLUTION AMENDING THE “POLICY STATEMENT FOR THE
REGULATION OF SEASONAL SALES LOTS” FOR CONSISTENCY
WITH ZONING AMENDMENTS
Staff recommends that the City Council hold a public hearing and introduce the attached Ordinance (Attachment 1) associated with the AT-22-001 and AT-22-002, adopt the attached Resolution (Attachment 2) associated with an update to the City’s Master Fee Schedule and adopt the attached Resolution (Attachment 3) associated with an update to the “Policy Statement for the Regulation of Seasonal Sales Lots (“Policy Statement”).”
The proposed zoning text amendments associated with AT-22-001 (included in Exhibit A and B (Redlined) of Attachment 1) will add objective design standards for single-family residences, accessory dwelling units and SB 9 developments; update and streamline review processes for various types of development projects; and update tCode language to reflect current practices, for internal consistency, and to clarify terminology. The City is also proposing to amend the Master Fee Schedule to add fees to address the ministerial review of SB 9 Housing Developments by the Planning Division and Public Works Department.
Exhibit A and B (Redlined) of Attachment 1 also include proposed zoning text amendments associated with AT-22-002, which adds “Seasonal Sales Lots” (i.e., pumpkin patches and holiday tree lots) to the list of conditionally permitted uses included in Chapter 18.50, Civic Facility (CF), Zoning District and related City Council/RSA Agenda 61 Tuesday, September 13, 2022
updates to Chapter 18.54, Administrative Use Permit. As part of their action, the Planning Commission also approved updates to the “Policy Statement for the Regulation of Seasonal Sales Lots (“Policy Statement”)”, which was needed for consistency. Please note that this item was reviewed by the Planning Commission at a separate public hearing from the residential zoning updates (AT-22-001) but is included in the attached Ordinance to increase efficiencies.
At its August 18, 2022, the Planning Commission recommended approval of Zoning Text Amendment AT-22-001 with modified language to the City Council , meeting on a 5-0 vote. Attached to this staff report are the Planning Commission Staff Report (Attachment 4), Planning Commission Desk Item (Attachment 5), Draft Planning Commission Meeting Minutes (Attachment 6), and Draft Planning Commission Resolution (Attachment 7).
At its September 1, 2022, the Planning Commission recommended approval of Zoning Text Amendment AT-22-002 with modified language to the City Council at , meeting on a 4-0 vote. Attached to this staff report are the Planning Commission Staff Report (Attachment 8), Planning Commission Desk Item (Attachment 9), Draft Planning Commission Resolution (Attachment 10), and Draft Planning Commission Meeting Minutes (Attachment 11).
STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following
Goal C, Strategy 5: Improve and streamline the development process. (Council Priority)
BACKGROUND
SB 9 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.), and 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. For Union City, the zoning districts where SB 9 Development Projects are allowed include: R-5000, RS-6000, RS-6000-H, RS-6000D, RS (S), RS (s) 3000, RS 4500, and the 511 District.
The City may only 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.) to SB 9 projects 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” 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 localagency 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).
City Council/RSA Agenda 62 Tuesday, September 13, 2022
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.
On November 23, 2021, the City adopted an urgency ordinance (Ordinance 892-21) to ensure minimum standards were in place for when the SB 9 bill became effective on January 1, 2022 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.
DISCUSSION
See below for a high-level overview of the proposed zoning text amendments and related updates to the Master Fee Schedule and Policy Statement.
Zoning Text Amendments
See Exhibit A and B (Redlined) of Attachment 1 for the proposed zoning text amendment wording. For a detailed summery of the proposed amendments please see the attached Planning Commission Staff Reports (Attachment 4 and 8).
Chapter 18.31 - SB 9 Subdivision and Development Projects Following up on the discussion above, SB 9 allows for up to four units on a single-family residentially zoned lot and an urban lot split which permits the underlying lot to be subdivided into two. SB 9 projects can only be approved ministerially, which means the City cannot require a discretionary process, and only objective standards can be applied. Chapter 18.31 is proposed to be updated to include objective design / development standards and clarify other requirements applicable to SB 9 projects. An additional update was made to this chapter between Planning Commission and City Council review limiting new home size for a new SB 9 development to 2,000 sq. ft. to address neighborhood compatibility issues.
Chapters 18.32 - Residential Districts, 18.24 – Bulk Regulations, 18.100 – 511 District 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 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 for accessory structures, retaining walls, home occupations, fencing and parking to provide further clarification or to align with current practices. In addition, some minor updates to address formatting are proposed to this chapter. Minor updates are also proposed to Chapter 18.24 and Chapter 18.100 to ensure consistency with related updates to Chapter 18.32.
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.
Chapter 18.50 – Civic Facilities (CF)
Staff is proposing to update Chapter 18.50 to allow seasonal sales lots for the sale of holiday trees and pumpkins in the CF Zoning District as a conditionally permitted use. The CF Zoning District is applied to lands owned by the City and other public agencies including Union Sanitary District and New Haven Unified School District. The use would be subject to the granting of an Administrative Use Permit by the Zoning Administrator, similar to how the use is treated in the Agriculture (A) and Private Institutional (PI) Zoning Districts, and would be subject to the provisions of the Policy Statement.
City Council/RSA Agenda 63 Tuesday, September 13, 2022
The impetus for the proposed amendment is to facilitate the on-going operation of the City’s only holiday tree lot, which has been operating by J&G Trees at the Logan High School parking lot for the last several years.
Chapter 18.54 – Administrative Use Permit
Staff is proposing to update Chapter 18.54 to clarify that the Administrative Use Permit (AUP) process would apply to any use identified as requiring an AUP within the zoning district regulations. Previously, the chapter wording identified specific zoning districts where the process would apply. Additionally, staff is recommending that “Seasonal Sales Lots” be exempted from the expiration of the Use Permit if the use is discontinued for more than six (6) months. These updates were necessitated as a result of adding “Seasonal Sales Lots” as a conditionally permitted use to the CF Zoning District.
Chapter 18.72 - Administrative Site Development (ASD) Review Staff is proposing updates to Chapter 18.72 to update applicability, criteria and additional miscellaneous edits for consistency or to clarify procedures/submittal requirements included in Sections 18.72.050, 18.72.080, and18.72.100. Master Fee Schedule Update
The City is able to charge appropriate fees for the processing and review of SB 9 developments, which includes the construction of new units and urban lots splits. Staff recommends the following fees to cover Planning and Public Works review.
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
In determining the fees, staff took into consideration the estimated amount of time necessary to complete the review and also reviewed the City’s existing fees for similar types of projects. It is anticipated that these fees will increase yearly with CPI similar to other Planning and Public Works application review fees. See Attachment 2 for the draft Resolution approving the update to the Master Fee Schedule to include the SB 9 development fees.
Policy Statement Update
As part of the update to add Seasonal Sales Lots as a conditionally permitted use in the CF Zoning District, staff is proposing a related amendment to the Policy Statement for consistency. See Exhibit A and Exhibit B (Redlined) of Attachment 3 for the updated wording.
Planning Commission Meetings
AT-22-001
A Study Session was held with the Planning Commission on July 21, 2022 to provide an opportunity to go over the proposed amendments. Click here for a link to the Planning Commission staff report for that meeting and click here for the approved minutes.
The public hearing for AT-22-001 was held on August 18, 2022. The Commission considered feedback from staff and a member of the public. For a detailed overview of the Planning Commission discussion, see attached Draft Meeting Minutes labeled Attachment 6. The Commission also considered a Desk Item (Attachment 5) concerning questions and comments from Commissioner Lew regarding the proposed amendments. The feedback addressed some minor typos in the amendments and clarified terms. The Desk Item includes responses to each of these items. Any edits have been incorporated into the attachments to this staff report. The Commission voted 5-0 to recommend approval of the proposed amendments to the City Council.
AT-22-002
The public hearing for AT-22-002 was held on September 1, 2022. No public comment was received on the proposed amendments. For a detailed overview of the Planning Commission discussion, see the attached Draft Meeting Minutes labeled Attachment 11. The Commission also considered a Desk Item (Attachment 9) concerning questions and comments from Commissioner Lew regarding the proposed amendments. The feedback addressed the City’s land use authority, related amendments to Chapter 18.54, and clarified application of other standards included in the CF Zoning District. The Desk Items include responses to each of these items. Any edits have been incorporated into the attachments to this staff report. The Commission City Council/RSA Agenda 64 Tuesday, September 13, 2022
voted 4-0 to recommend approval of the proposed amendments to the City Council.
FISCAL IMPACT
No fiscal impact to the General Fund would result from adoption of the proposed text amendments. The fees recommended for the review of SB 9 Development Projects are intended to cover the cost of staff's time to review these projects.
RECOMMENDATION
Consistent with the Planning Commission recommendation, Staff recommends that the City Council hold a public hearing, introduce the attached Ordinance approving AT-22-001 and AT-22-002 (Attachment 1), adopt a Resolution Amending the Master Fee Schedule (Attachment 2) 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 (Attachment 3) for consistency with the proposed amendments.
Prepared by:
Brandon H DeLucas, Associate Planner
Submitted by:
Brandon H DeLucas, Associate Planner
ATTACHMENTS:
Description Type
Attachment 1: Draft City Council Ordinance Ordinance
Attachment 1: Exhibit A (Clean) Exhibit
Attachment 1: Exhibit B(Redlines) Exhibit
Attachment 2: Draft City Council Resolution (Fees) Resolution Attachment 2: Exhibit A (Fees) Exhibit
Attachment 3: Draft City Council Resolution (Policy Statement) Resolution Attachment 3: Exhibit A (Policy Statement) Exhibit
Attachment 3: Exhibit B(Policy Statement Redlined) Exhibit Attachment 4: Planning Commission Staff Report dated 08/18/2022 Attachment Attachment 5: Planning Commission Desk Itemdated 08/18/2022 Attachment Attachment 6: Draft Planning Commission Minutes dated 08/18/2022 Attachment Attachment 7: Draft Planning Commission Resolution 9-22 (AT-22- 001)
Attachment
Attachment 8: Planning Commission Staff Report dated 09/1/2022 Attachment Attachment 9: Planning Commission Desk Itemdated 09/01/2022 Attachment Attachment 10: Draft Planning Commission Resolution 10-22 (AT-22- 002)
Attachment
Attachment 11: Draft Planning Commission Minutes dated 09/1/2022 Attachment Power Point Attachment
City Council/RSA Agenda 65 Tuesday, September 13, 2022
Attachment 1
ORDINANCE NO. XXXX-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING MUNICIPAL CODE AMENDMENT, AT-22-001 AND AT-22-002, TO AMEND TITLE 18, ZONING, OF THE UNION CITY MUNICIPAL CODE TO UPDATE CHAPTERS 18.24, 18.31, 18.32, 18.34, 18.50, 18.54, 18.72 AND 18.100 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’s Zoning Code currently regulates all development within the City; and
WHEREAS, the City Council desires to amend Title 18 provisions to 1) add objective design standards for single-family residences, accessory dwelling units and SB 9 projects; 2) update and streamline review processes for various types of development projects; 3) update Code language to reflect current practices, for internal consistency, and to clarify terminology; and 4) add “Seasonal Sales Lots” (i.e., pumpkin patches and holiday tree lots) to the list of conditionally permitted uses included in Chapter 18.50, Civic Facility (CF), Zoning District; and
PLANNING COMMISSION REVIEW
WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed amendments associated with AT-22-001 on August 18, 2022, at which time all interested parties had the opportunity to be heard. The Planning Commission considered a staff report and Desk Item dated August 18, 2022 and all written and oral testimony, and adopted Resolution No. 9-22 recommending approval of the amendments. The staff report, Desk Item and resolution are incorporated herein by reference; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed amendments associated with AT-22-002 on September 1, 2022, at which time all interested parties had the opportunity to be heard. The Planning Commission considered a staff report dated September 1, 2022 (including background reports) and all written and oral testimony, and adopted Resolution No. 10-22 recommending approval of the amendments. The staff report, Desk Item and resolution are incorporated herein by reference; and
CITY COUNCIL REVIEW
WHEREAS, the City Council held a duly noticed public hearing on the proposed amendments on September 13, 2022, at which time all interested parties had the opportunity to be heard. The City Council considered a staff report dated September 13, 2022 and September 27, 2022 (including background reports) and incorporated herein by reference, the Planning City Council/RSA Agenda 66 Tuesday, September 13, 2022
Commission recommendation, and all written and oral testimony before taking action on the amendments; and
WHEREAS, the amendment to the Municipal Code propose to amend Chapters 18.24,
18.31, 18.32, 18.34, 18.50, 18.54, 18.72 and 18.100, as shown in Exhibit A, which is attached hereto and incorporated herein by reference; and
WHEREAS, a red-lined version of the amendment is shown in Exhibit B, which is attached hereto and incorporated herein by reference.
THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and correct and made a part of this Ordinance.
SECTION 2. CEQA. Approval of the amendments is exempt from environmental review in accordance with California Environmental Quality Act Guidelines section 15061(b)(3), the general exemption for projects with no potential for significant effect on the environment. As a series of text amendments and additions, it can be seen with certainty that there is no possibility that the Municipal Code Amendment will have a significant effect on the environment SECTION 3. Findings. The City Council makes the following findings in support of approving this Ordinance, based on the whole of the record before it.
1. The proposed Municipal Code Amendments are consistent with the General Plan,
2. The proposed Municipal Code Amendments are necessary and desirable to achieve the purposes of Title 18.
SECTION 4. Approval. The City Council hereby approves the amendments to the Municipal Code, more particularly, amending Chapters 18.24, 18.31, 18.32, 18.34, 18.50, 18.54, 18.72 and
18.100, as shown in attached Exhibit A, which is incorporated herein by reference and available for review in the City Clerk’s office during normal business hours.
SECTION 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 6. Publication and effective date. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance City Council/RSA Agenda 67 Tuesday, September 13, 2022
with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 27th day of September 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 68 Tuesday, September 13, 2022
EXHIBIT A
Chapter 18.24 – Bulk Regulations
18.24.050 Permitted obstructions in required yards.
The following shall not be considered to be obstructions when located in the required yards specified:
A. In All Yards: Open terraces not over eighteen (18) inches above the average level of the adjoining ground and one hundred and twenty (120) square feet in area but not including a permanently covered terrace or porch except as allowed by the provisions of the R-5000 zoning district; awnings and canopies; steps, four (4) feet or less above grade, which are necessary for access to a permitted building, or for access to a zoning lot from a street, or alley; chimneys projecting twenty-four (24) inches or less into the yard; recreational and laundry-drying equipment; flag poles; overhanging eaves and gutters projecting eighteen (18) inches or less into the yard, except that in no case shall overhanging eaves and gutters be closer than two (2) feet to a lot line;
B. In Front and Rear Yards: Bay windows projecting three (3) feet or less into the yard; C. In Side Yards: First-floor additions to single-family detached houses with existing legal nonconforming setbacks may be built in line with the existing structure as long as a minimum interior side yard setback of five (5) feet and a minimum exterior side yard setback of ten (10) feet is maintained, except that houses built on a zero lot line shall maintain a minimum setback of ten (10) feet on the nonzero lot line side of the property.
Chapter 18.31 - SB 9 Subdivisions and Development Projects
18.31.010 Purpose
The purpose of this chapter is to provide objective zoning standards for SB 9 Housing Developments within single-family residential zoning districts, to implement the provisions of state law as reflected in Government Code Section 65852.21 et. seq. and Section 66411.7 et. seq., and to facilitate the development of new residential units in a manner compatible with existing single-family residential uses and ensure standards of public health and safety.
The following zones are identified as single-family residential zoning districts; R-5000, RS-6000, RS-6000- H, RS-6000D, RS (S), RS (s) 3000, RS 4500, and 511.
18.31.020 Definitions
For purposes of this Chapter, the following definitions apply:
A. “Accessory dwelling unit” or “ADU”, means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons, is located on a lot with a proposed or existing primary residence, and is constructed pursuant to Chapter 18.34.
B. “Dwelling unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit or a junior accessory dwelling unit as defined in Chapter 18.34.
City Council/RSA Agenda 69 Tuesday, September 13, 2022
AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit A (Clean) - September 13, 2022
C. “Junior accessory dwelling unit” or “JADU” means a dwelling unit that is up to 500 square feet in size and contained entirely within an existing or proposed primary dwelling unit that provides an efficiency kitchen and a separate exterior entrance, and may include separate sanitation facilities, or may share sanitation facilities with the existing structure, and which is constructed pursuant to Chapter 18.34.
D. “Primary dwelling unit” means the single-family residence on the property prior to the approval of an SB 9 Unit or Urban Lot Split.
E. “SB 9 Housing Development” means a project containing one or more SB 9 units and may include a Urban lot split.
F. “SB 9 Unit” means a dwelling unit that is developed pursuant to Government Code Section 65852.21 and/or constructed on a parcel created pursuant to Government Code Section 66411.7 and meeting all the criteria and standards set forth in this chapter.
G. “Urban Lot Split” means the subdivision of an existing parcel into two parcels pursuant to California Government Code Section 66411.7 and meeting all the criteria and standards set forth in this chapter.
18.31.030 Number of Units Allowed.
A. When not located on a site subject to an approved or proposed urban lot split: 1) a maximum two (2) SB 9 units are permitted per parcel; and 2) either one accessory dwelling unit and/or junior accessory dwelling unit per SB 9 Unit or primary unit meeting the requirements in Chapter 18.34 is permitted, for a total of up to four dwelling units on the subject property.
B. When located on a site subject to an approved or proposed urban lot split, a maximum two (2) SB 9 units are permitted per parcel resulting from the urban lot split, for a total of two (2) units on each of the two (2) resulting parcels. Should a resulting parcel include only one (1) primary or SB 9 unit, either one SB 9 unit, accessory dwelling unit, or junior accessory dwelling unit is permitted.
18.31.040 Eligibility.
A. Applications for SB 9 Housing Developments are eligible for ministerial approval on parcels located within a single-family residential zoning district.
B. To be eligible for an SB 9 Housing Development, the proposed housing development shall meet all of the following criteria:
1. Not be located on a site as identified in Government Code Section 65913.4(a)(6)(B) to (K), or as amended:
2. Does not require the demolition or alteration of:
a. Housing subject to: (1) a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low or very low income. b. Housing occupied by tenant(s) in last three years as determined by the City based on City records or information requested by the City from the applicant City Council/RSA Agenda 70 Tuesday, September 13, 2022
AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit A (Clean) - September 13, 2022
3. Owner has not exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within last 15 years.
4. Does not demolish more than 25 percent of existing exterior structural walls if the site has been occupied by a tenant in the last three years.
5. Is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. For purposes of this chapter, this includes the 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.
C. For urban lot splits, the following criteria must also be met:
1. Parcel has not been established through exercise of an urban lot split, as provided for in this chapter.
2. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this chapter. For the purposes of this criterion, “Adjacent parcel" means a parcel sharing any portion of its lot line(s) with the parcel being subdivided using the provisions of the urban lot split.
18.31.050 Procedure and application - Required information for all SB 9 housing developments.
A. An application for an SB 9 Housing Development 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;
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 Title 18 together with any other data pertinent to the review prescribed in this chapter.
B. Plans shall include the contents as required by the SB 9 Housing Development Checklist as prescribed by the Director.
C. The application shall be accompanied by the items identified by the SB 9 Housing Development Checklist as prescribed by the Director.
D. An application fee as established by the City Council by resolution.
18.31.060 Procedure and application - Required information for urban lot split.
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Exhibit A (Clean) - September 13, 2022
In addition to the information listed in Section 18.31.050, the following shall be provided for projects involving an urban lot split:
A. The plans for urban lot split shall be prepared by a person qualified to prepare subdivision maps, such as a registered civil engineer, or licensed surveyor. Such urban lot split shall be in full compliance with the requirements of this chapter. Topography and boundaries of said urban lot split shall be certified as to accuracy by a registered civil engineer or licensed land surveyor, and all public improvements shall be designed by a registered civil engineer.
B. Applicant shallsign an affidavit on a form provided by the City stating the ownerintends to occupy one of the housing units on a resulting parcel as his or her 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.
C. Plans shall include the contents as required by Section 17.20.030 and as required by the appropriate urban lot split checklist as prescribed by the Director or City Engineer.
D. An application fee as established by the City Council by resolution.
18.31.070 Density.
An SB 9 Housing Development does not increase the density of the lot upon which it is located.
18.31.080 Action of Zoning Administrator.
A. An application to create an SB 9 Housing Development, with or without an urban lot split, shall be ministerially reviewed, and either approved or denied, by the Zoning Administrator based on the requirements of this Chapter and application law.
B. Notwithstanding subsection A, above, an application for an SB 9 Housing Development may be denied if the Chief Building Official or their designee, upon making written findings to the Zoning Administrator or their designee, finds the project would have a specific, adverse impact upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
18.31.090 Development Standards.
A. The standards set forth in this chapter shall not preclude the construction of up two (2) dwelling units per parcel and shall not preclude each dwelling unit from being at least 800 square feet in floor area. To the extent that any development standard precludes such development, the development standard shall be reduced or eliminated only to the extent necessary to allow the development of up to two (2) dwelling units, of at least 800 square feet, per parcel.
B. All SB 9 units shall have separate utility connections and meters. If an accessory dwelling unit becomes a primary dwelling unit, a separate utility connection for the reclassified unit shall then be required.
C. All SB 9 units, whether attached or detached, shall be designed for separate conveyance, in accordance with applicable Fire Code and Building Code requirements.
D. Setbacks. SB 9 units shall meet the setbacks established by the zoning district for primary structures except as provided below:
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1. Existing Structures. No setback shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure.
2. Interior Side and Rear Setbacks. SB 9 units shall be setback from interior side and rear lot lines a minimum of four (4) feet.
3. Exterior Side Setbacks. On the street side of a corner lot, the street side yard shall not be less than ten (10) feet.
E. Height. SB 9 units shall be subject to the height limitations established by the zoning district for primary structures except
1. The maximum height of the portion of a SB 9 unit located between the four-foot setback line established by this chapter and the limit of the rear, side, or street side yard area established by zoning district is 16 feet, as measured from the lowest grade adjacent to the structure to the highest ridge or top of the structure.
F. Lot Coverage. SB 9 units on the same parcel shall be cumulatively limited to the lot coverage allowed by the residential zoning district that the parcel is located, except that in no case shall a single unit be larger than 2,000 square feet.
G. Building Separation. SB 9 units shall be separated from accessory structures on the same parcel, parcels resulting from an urban lot split, or adjacent parcels by a minimum of five (5) feet, except that the distance between a main structure and an accessory structure shall be allowed to be closer than six feet if all the following conditions are met:
1. These separation requirements would cause SB 9 unit to conflict with the minimum setbacks or unit size otherwise allowed by this chapter.
2. All of the requirements of the Building and Fire Codes are met.
3. If accessory structures are not located closer than four feet to any side or rear lot line.
H. Parking. One off-street, covered and enclosed parking space shall be provided per SB 9 unit, except if the parcel is located:
1. Within one-half mile walking distance of either a high-quality transit corridor (as defined by Section 21155 of the California Public Resources Code) or a major transit stops (as defined by Section 21064.3 of the California Public Resources Code); or
2. Within one block of a permitted car share vehicle location.
3. Transit frequency shall be based on the schedule posted by the transit agency at the time of the issuance of the first "completeness” letter issued by the city following submittal of the application.
I. Addressing. Street addresses shall be assigned to all units 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 unit (if not visible from the public right-ofway).
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Exhibit A (Clean) - September 13, 2022
J. Except where indicated in this chapter, SB 9 Housing Developments shall comply with other Zoning and Building Code requirements generally applicable to residential construction in the applicable zone where the property is located.
K. Development standards set forth in a planned unit development or specific plan shall apply to any SB 9 Housing Development except that any such planned unit development or specific plan standard cannot be applied if it would either: (1) result in a conflict with standards set forth by state law for an SB 9 housing development; or (2) preclude an SB 9 Housing Development that meets the applicable requirements of state law or this chapter.
L. SB 9 Housing Development shall comply with the following owner occupancy requirements:
1. In the case where there is no urban lot split, rental of any accessory dwelling unit or junior accessory dwelling unit associated with a Primary or SB 9 unit shall be as specified in Chapter 18.34.
2. In the case where there is an urban lot split, the applicant shall sign an affidavit on a form provided by the City stating that the applicant intends to occupy one of the dwelling units as his or her principal residence for a minimum of three years from the date of approval of the urban lot split.
M. Rental of any SB 9 unit shall be for more than 30 consecutive days.
18.31.100 Subdivision Standards - Urban lot split.
Notwithstanding Title 17 of this code, the City shall ministerially approve a parcel map for an urban lot split, subject to meeting all of the requirements in this chapter.
A. The urban lot split shall result in no more than two parcels and one of the two parcels resulting from the urban lot split shall not be smaller than 40 percent of the lot area of the original parcel.
B. The newly created parcels shall conform to all of the following standards:
1. Each lot shall be a minimum size of 1,200 square feet.
2. The side lot lines of all lots, to the extent possible, shall be at right angles to the street which the lot faces, or approximately radial to the center of curvature, if such street is curved. Side lines of lots shall be approximately radial to the center of curvature of a culde-sac on which the lot faces.
3. Each parcel shall provide for direct vehicular access to and have a minimum frontage of 30 feet on the public right-of-way, except for flag lots, where the frontage shall be the width needed to meet access standards as specified in this chapter.
4. Lot depth shall not exceed two times the lot width except as provided below. a. The Director may approve a lot depth between two and three times the width where, based on the physical characteristics of the land, a greater lot depth would result in a better lot configuration considering the established development pattern in the area and efficient utilization of land.
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Exhibit A (Clean) - September 13, 2022
C. Flag lots, if proposed, shall meet the following standards:
1. A flag lot shall be allowed with an urban lot split in a situation where a conventionally configured lot would not allow for a second lot of at least 1,200 square feet, accommodating two housing development units of at least 800 square feet each.
2. Front, side, and rear yards for the purposes of identifying required setbacks shall follow the orientation established by the adjacent lots unless otherwise determined by the zoning administrator and/or their designee.
3. The minimum width of the access corridor portion of the flag lot shall be 12 feet paved, except where greater width is required for Fire Department access.
4. A fence may be constructed between the access corridor of a flag lot and the adjacent parcel consistent with the requirements listed in Section 18.32.040, except that the fence height may not exceed three (3) feet within the front yard area of the adjacent property.
5. All fire code requirements shall be met including, but not limited to: access, driveway length and width, turnarounds, clearance, road grades, fire hydrant connections.
D. Driveways shall conform to the minimum standards set by the Public Works Department standard detail STD-201, or as specified in the Fire Code if emergency vehicle access is required.
E. Two driveways on less than 70 feet of total frontage are permitted only when necessary to provide access to both parcels resulting from the urban lot split. In this case, either the aggregate width of two separate driveways or a combined shared driveway must comply with the dimensions set forth by the Public Works Department standard detail and the driveway shall be configured to avoid unnecessary loss of available curbside parking in the neighborhood.
Shared driveways and shared curb cuts are encouraged whenever possible.
F. Public service easements shall be provided within the subdivision where required for public utility purposes, in accordance with Title 17 of this code.
G. All uses on each newly created parcel shall be limited to permitted residential uses under Section 18.32.020.
18.31.110 Design Standards
All SB 9 Housing Developments shall meet the following standards:
A. The standards set forth in this chapter shall not preclude the construction of up two SB 9 units per parcel and shall not preclude each SB 9 unit from being at least 800 square feet in floor area.
B. Building Facades and Materials.
1. 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:
a. A vertical wall shift at least one foot in depth;
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b. A change in material type;
c. Windows or building entrances;
d. A projection such as a stoop, bay window, or overhang; or 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.
2. 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.
3. Transitions for both materials and colors shall be located at internal corners. a. Exceptions. Exceptions may be granted by the Director where the Director finds that transitions in other locations create visual variety or to accommodate a complete architectural style.
4. 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 development or neighborhood.
5. Where chimney extensions are involved, the extension shall incorporate the same materials as the existing chimney.
C. Windows and glazing.
1. All windows shall incorporate the following:
a. Trim at least three (3) inches in width must be provided around all windows, or b. Windows must be recessed at least two (2) inches from the plane of the surrounding exterior wall.
c. Exceptions may be granted by the Director to accommodate alternative window design complementary to the architectural style of the structure.
2. Upper story windows located less than ten (10) feet from side and/or rear lot lines and facing side and/or rear yard of an adjacent property shall be located to maximize privacy for adjacent properties by using at least one of the following techniques:
a. The sill height located a minimum of sixty (60) inches above the finished floor. b. 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.
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c. Any window located partially or entirely below sixty (60) inches from the finished floor consists of frosted or obscured glazing. d. 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.
D. Roof form and detailing.
1. 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. a. Mansard roofs shall be prohibited.
2. SB 9 units resulting from alterations or additions to an existing structure shall provide the same roof form, material, and color as the existing structure.
3. New buildings shall provide a roofing material that is the same as the predominant roofing material throughout properties within 100 feet.
4. Roof material and color shall be the same throughout the entirety of the roof.
5. Overhanging eaves shall extend a minimum of twelve (12) inches beyond the supporting wall.
6. The roof form and materials of garages shall be the same as the materials and detailing of primary and SB 9 units.
7. Exceptions. Exceptions may be granted by the Director to accommodate a complete architectural style or alternative roof forms and detailing that complement the architectural character of existing development.
E. Principal Entrances.
1. Each street frontage shall have at least one principal entry oriented toward it.
2. The principal entrance may be an individual entrance to a single unit or a shared entrance that provides access to more than one unit.
3. The principal entry shall be emphasized utilizing at least one (1) of the following methods:
a. A projection (e.g., overhang) with a minimum depth of three (3) feet and a minimum horizontal area of thirty (30) square feet.
b. A recess a with a minimum depth of three feet and a minimum horizontal area of thirty (30) square feet.
c. A landing, deck, porch, or stoop with a minimum six (6) foot by six (6) foot area.
4. Street-facing front entries shall be clearly identifiable and connected to the public street by a pedestrian path with a minimum width of three (3) feet.
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5. Exceptions. The Director may approve alternative principal entrance designs that create a welcoming entry feature such as a trellis, landscaped courtyard entry, enhanced walkway, columns or other architectural features.
F. Balconies. Usable balconies and upper-story decks are prohibited on SB 9 units. Decorative/faux balconies that are less than two feet in depth and are not accessible from the unit are allowed.
G. Exterior Stairways. Exterior stairways providing access to an upper story are prohibited.
H. Walls, Fences and Hedges. Walls, fences, and hedges shall meet the requirements identified in Section 18.32.040.
I. Mechanical and utility equipment shall be concealed as viewed from the public right-of-way.
Ground-mounted equipment shall be screened by a combination of walls or fencing and landscaped plant material up to a maximum height of three (3) feet. In no case shall screening cause a sight obstruction to pedestrian, bicycle, or vehicular traffic as determined by the City Engineer. Roof mounted equipment shall be screened by the use of architectural screens or roof wells.
J. Storage of waste containers shall not be located within private driveways or be visible from the public right-of-way.
K. SB 9 Housing Developments shall comply with the following landscaping requirements:
1. Lots with aggregate new landscaped area equal or greater to 500 square feet or replaced landscaped area equal or greater to 2,500 square feet shall comply with the Chapter 18.112 water efficient landscaping and the City’s Residential Landscape Standards Policy Statement.
2. Front yard landscaping shall comply with the requirements listed in Section 18.32.115.
3. Landscaping used to screen views of storage areas, trash enclosures, mechanical or HVAC equipment, irrigation and plumbing equipment, and transformers shall be a maximum of three (3) feet in height. In no case shall screening cause a sight obstruction to pedestrian, bicycle, or vehicular traffic as determined by the city engineer.
L. Garages constructed for SB 9 units shall meet the following standards:
1. Garages shall comply with the standards identified in Section 18.32.160(C).
2. Detached garage shall comply with the standards identified in Section 18.32.020(I).
3. Front entry attached garages shall be articulated and offset from the adjacent wall plane.
4. Garage doors located in a stucco wall shall be recessed a minimum of three (3) inches from the surrounding building wall.
5. Garage doors located in wood clad (or similar) siding, or masonry walls shall provide surrounding trim with a minimum width of three (3) inches Chapter 18.32 – Residential Districts
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18.32.020 Permitted uses.
A use that is not listed here or in Section 18.32.030 is not a permitted use. The following uses shall be permitted:
A. Uses lawfully established on the effective date of the ordinance codified in this chapter.
B. In RS and R districts, one (1) family dwellings, including site-built or modular homes.
C. In RS and R districts, manufactured homes placed as a sole principal residence on a single-family lot and constructed after June 15, 1976, subject to the following requirements:
1. All provisions of this title applicable to one (1) family residential structures shall apply unless preempted by State law.
2. Each unit shall be provided with a continuous concrete foundation and permanent utility connections, and conform to all applicable building, plumbing, electrical and fire codes.
D. In RM districts, multifamily dwellings, semi-detached single-family dwellings containing not less than two (2) units, and attached dwellings.
E. Room, room and board, or boardinghouses for not more than two (2) paying guests in the R and RS districts; lodging rooming houses in the RM 1500 district.
F. Raising for noncommercial purposes of fruit and nut trees, vegetables and horticultural specialties.
G. Home occupations, subject to the following conditions:
1. That the home occupation shall be conducted within a primary or accessory dwelling unit by an inhabitant thereof and shall be clearly incidental to the use of the structure as a dwelling;
2. That the home occupation shall not be conducted in an accessory structure or in an attached garage;
3. That not more than twenty percent (20%) of the floor area of the dwelling shall be devoted to the conduct of the home occupation;
4. That an attached garage or detached accessory structure shall not be used as living or sleeping quarters in order to conduct the home occupation within the dwelling;
5. That the entrance to the area devoted to the home occupation shall be from within the dwelling;
6. That there shall be no exterior alteration of the dwelling and there shall be no internal alterations or construction features not customary in a dwelling;
7. That there shall be no show window or window display to attract customers, clients or the general public, and no sign shall be displayed other than a non- illuminated name plate not exceeding one and one-half (1-1/2) square feet in area, which shall be located flat against the wall or window of the dwelling;
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8. That no one other than a resident of the dwelling shall conduct business from the dwelling; employees working off-site only may be allowed;
9. That there shall be no noisy or otherwise objectionable machinery or equipment used in the conduct of the home occupation, that no electronic interference shall be created, and that the conduct of the home occupation shall not create any noise audible beyond the boundaries of the site;
10. That a maximum of one (1) vehicle shall be associated with the home occupation. The vehicle associated with the home occupation shall be parked in an enclosed garage or under a designated carport when not in use. If the lot does not have a garage or carport, then the vehicle shall park in an approved driveway on the lot;
11. That there shall be no storage of equipment or supplies in an accessory structure, in an attached garage, or outside of the dwelling, except that equipment or supplies incidental to a service performed off of the premises may be stored in one (1) truck of not more than one-half (1/2) ton capacity;
12. That the conduct of the home occupation shall not create excessive pedestrian, automobile or truck traffic in the vicinity;
13. That the following uses shall not be permitted:
a. Organized classes in music, dancing, art, drama, self-defense, business and the like, except that the instruction of one (1) pupil at a time shall be permitted; b. Personal service establishments such as commercial photo studios, beauty parlors, massage parlors, barber shops, health studios, self-improvement courses and the like;
c. Repair services such as repair of household appliances, furniture, electronic equipment, automobiles and their parts, and the like and handicraft work such as woodwork, cabinetry, metal working, welding and the like; d. The sale and trade of goods or products such as firearms, ammunition, fireworks, hazardous chemicals, or any product that has the potential to cause injury if improperly handled and is therefore unsuitable for home occupation as determined by the Zoning Administrator;
e. Uses that involve the use of a vehicle that cannot not fit into a standard residential garage (i.e., shuttles, trucking, construction), unless there is evidence of dedicated off-site parking;
f. Automobile sales;
g. Food preparation, except that cottage food operators consistent with the California Homemade Food Act shall be permitted.
h. Microenterprise Home Kitchen Operations (MEHKO), except for MEHKO operating with a valid Alameda County Department of Environmental Health Permit, and that do not create a nuisance.
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Exhibit A (Clean) - September 13, 2022
H. Swimming pools, spas, and related equipment located on the same site with a permitted use, subject to the locational criteria for detached accessory structures.
I. Accessory structures located on the same site with a permitted use, including private garages and carports, storage sheds, gazebos, greenhouses, workshops, and similar structures, shall be subject to the following conditions and the design criteria listed in Section 18.32.125:
1. Attached accessory structures shall be subject to the following conditions:
a. Attached accessory structures that share a common wall with the main structure shall not be used for additional living or sleeping purposes, unless legally converted into an accessory dwelling unit consistent with all provisions listed in Chapter 18.34.
b. Attached accessory structures shall provide the same front, side and rear yards as required for the main structure except that an attached patio cover and/or enclosed patio may encroach into the required rear yard area from the main structure when:
i. There remains at least ten (10) feet of clear, open space from the nearest projection of the patio cover eaves to the rear lot line; ii. The height of the structure at its maximum vertical projection shall be twelve (12) feet, and may go up to fourteen (14) feet to match the roof pitch of the main dwelling, as long as the midpoint of the roof does not exceed twelve (12) feet, as measured from grade;
iii. Maximum site coverage allowed in the residential zoning district is not exceeded.
2. Detached accessory structures shall be subject to the following conditions:
a. A detached accessory structure shall not be used for additional living or sleeping purposes, unless legally converted into an accessory dwelling unit consistent with all provisions listed in Chapter 18.34
b. Detached accessory structures over four hundred fifty (450) square feet in building area are subject to administrative site development review approval in accordance with Chapter 18.72.
c. If the total square footage of all detached accessory structures exceeds four hundred fifty (450) square feet, then the structure(s) which brings the combined total building coverage above four hundred fifty (450) square feet, and all subsequent structures, shall be subject to administrative site development review approval in accordance with Chapter 18.72.
d. Detached accessory structures which propose water or sewer utility connections shall be subject to administrative site development review approval in accordance with Chapter 18.72
e. Setbacks
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i. Detached accessory structures shall be located not closer than five (5) feet from any other structure, four (4) feet to a side or rear lot line. ii. Detached accessory structures shall be located on the rear half of the lot or site and in no case forward of the main structure iii. On a corner site, detached accessory structures shall have a side street setback of twenty (20) feet (where the rear yard abuts the side yard of a key lot), with a rear yard of four (4) feet, except, where the rear yards of corner lots adjoin the side street, setback may be ten (10) feet in the RM district and fifteen (15) feet in the RS district.
iv. On a corner site, garages and carports which are entered perpendicular to and from across the side lot line adjoining the street shall be located not closer than twenty (20) feet to such lot line
v. On a lot with double frontage, detached accessory structures shall not be located closer to either street than the front yard as required for the main structure
f. Height. Detached accessory structures shall be limited to one (1) story, with a maximum height of twelve (12) feet, and may go up to fourteen (14) feet to match the roof pitch of the main dwelling, as long as the midpoint of the roof does not exceed twelve (12) feet, as measured from grade. g. Lot coverage. Detached accessory structures shall cover not more than thirty percent (30%) of the actual rear yard.
h. The roof of a detached accessory structure shall not be used as a deck or floor.
3. No accessory building or structure shall be constructed on any lot prior to the time of construction of the primary residence to which it is accessory.
J. Canopy and/or tent structures are prohibited from front yards and exterior side yards, except allowed temporarily four (4) times within a calendar year, each time for up to seven (7) calendar days, with a maximum of one (1) extension per calendar year for one (1) of the four (4) times for an additional seven (7) day period. Temporary canopy and/or tent structures shall not exceed two hundred (200) square feet.
K. Decks and Balconies consistent with the provision listed in Section 18.32.045 L. Storage containers
1. Storage Containers may be stored on private property for up to ten (10) days.
2. Storage containers proposed to remain on private property for more than ten (10) days and storage containers over one hundred twenty (120) square feet in building area are subject to administrative site development review approval in accordance with Chapter
18.72. Storage containers shall be stored on private property, driveways, on concrete aprons adjacent to driveways, or on other compact material for vehicle parking adjacent to driveways.
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3. Storage containers to be used during active construction shall require approval by the Community Development Department.
4. The property owner, resident tenant or lessee shall obtain all necessary permits prior to bringing storage containers on site.
M. Amateur radio antennas and antenna structures constructed by or for FCC licensed amateur radio operators that, when fully extended, measure forty (40) feet or less in height and twentyfour (24) inches or less in diameter with an antenna boom measuring less than twenty (20) feet in length are subject to administrative site development review approval in accordance with Chapter 18.72 and the provisions of Section 18.32.190.
N. Temporary subdivision sales offices in accord with the provisions regulating temporary subdivision signs and sales offices.
O. Agricultural uses including nurseries.
P. Large family child care homes in all areas zoned to allow single-family or multifamily residential uses subject to approval(s) from the State of California.
Q. Duplexes on corner lots when constructed as part of the affordable housing obligation as provided in Chapter 18.33. Duplexes shall meet the front, rear and street side yard setback of the district in which they are located. Exceptions to the setback standards may be granted by approval of a use permit.
R. Repairs to automobiles and other vehicles or equipment shall be limited to minor repair on vehicles or equipment owned by a resident of the premises that may be stored within a private garage. Minor repair shall include minor adjustment or repair to mechanical, electrical systems, small parts replacement, brake pad and wheel replacement or repair, and shall not include engine, transmission or drive train removal or replacement, frame or body and fender work, welding or painting. Minor repair work when done in public view shall be completed in a timely manner and no vehicle shall be left unattended on lacks or temporary supports. Repair work shall not be done in the public right-of-way.
18.32.040 Walls, fences and hedges.
A. Walls, fences and hedges located in any residential district shall be subject to the following height, location and design restrictions.
1. In the required rear and interior side yards the maximum height shall be six (6) feet as measured above the surface of the ground, except that an additional one and one-half (1-1/2) foot of lattice may be added above a six (6) foot high fence.
2. Height Exception. Fences a maximum of eight (8) feet in height may be allowed in the required rear yard or interior side yards when the yard abuts a flood control channel, railroad, park, licensed residential care or health facility, school, child care center, commercial use, industrial use or major arterials, including Alvarado-Niles Road, Dyer Street, Decoto Road, Whipple Road, Union City Boulevard, Mission Boulevard, Alvarado Boulevard and Lowry Road. Soundwalls are exempted from height restrictions when they are part of a site development review approval of a subdivision. The owner of the City Council/RSA Agenda 83 Tuesday, September 13, 2022
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Exhibit A (Clean) - September 13, 2022
lot on which an eight (8) foot fence is constructed in accordance with this subsection shall reduce the fence height to six (6) feet within thirty (30) calendar days of the removal, relocation, or the termination of operations of the adjacent facility or use.
When an eight (8) foot fence adjoins a fence of a lower height at any point other than at the intersection of two (2) or more lot lines, the eight (8) foot fence shall be designed to step or slope down to the height of the adjoining fence.
3. When located in the front yard, the maximum height shall be three (3) feet above the surface of the ground.
4. On corner and reverse corner lots, the maximum height shall be three (3) feet in the exterior side yard, except that fences meeting the other requirements listed in Section
18.32.040(A) may be permitted when located ten (10) feet from the side street lot line and at least thirty-five (35) feet from the front lot line, but not closer to the front lot line than the front face of the structure.
5. On lots developed with multi-family residential uses, fences a maximum of eight (8) feet in height may be permitted to enclose interior private open space areas at the end units of building clusters. Interior private open space areas are those areas which are located between a building unit and a garage or other structure.
6. In all districts, the design of fences and walls, and materials used in construction, shall aesthetically complement the yard area, and be compatible with neighboring yards, fences and structures. Acceptable materials are deemed to be natural materials such as wood, masonry and earth materials, and do not include metal, plastic or other similar materials where such fences and structures are intended to exceed three (3) feet above the surface of the ground.
B. Retaining walls. Retaining walls located in any residential district, except for those located in the hillside combining district, shall be subject to the following restrictions.
1. A retaining wall which is not part of a building shall not exceed three (3) feet in height.
2. Fencing on top of a retaining wall is permitted when the total height of both the wall and fence do not exceed the applicable maximum height requirement in Section
18.32.040.A.
3. The sides of exposed exterior retaining walls shall be architecturally treated.
4. Exceptions. Exceptions may be granted by the director where the director finds that no practical alternative exists, the purpose of the regulation will not be compromised, and no detrimental impact will result.
18.32.045 Decks and balconies.
A. Decks no more than twelve (12) inches above the average level of the adjoining ground shall meet the setback and size requirements for accessory structures as provided in Chapter
18.32.020
B. Decks over twelve (12) inches high but less than thirty (30) inches in height are subject to the following conditions:
City Council/RSA Agenda 84 Tuesday, September 13, 2022
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Exhibit A (Clean) - September 13, 2022
1. Provide a minimum setback of at least ten (10) feet from any side or rear lot line.
2. Conform to the required front setback as established by the zoning district in which they are located.
C. Attached decks and balconies over thirty (30) inches in height shall be subject to administrative site development review approval in accordance with Chapter 18.72, and are subject to the following conditions:
1. Conform to the required front setback for the main structure as established by the zoning district in which they are located
2. Provide a minimum setback of at least fifteen (15) feet from any side or rear lot line.
3. Where the end section of the deck or balcony directly overlooks an adjoining side yard, a solid end wall or obscure screen may be required.
18.32.050 Minimum site area.
A. The minimum site area shall be as prescribed in the following table:
District Site Area
RS 10000 10,000 square feet
RS 8000 8,000 square feet
RS 7000 7,000 square feet
RS 6000 6,000 square feet
RS 4500 4,500 square feet
RM 3500 7,000 square feet
RM 2500 6,000 square feet
RM 1500 6,000 square feet
B. No residential use shall be established or hereafter maintained on a lot recorded after the effective date of the ordinance codified in this chapter which is of less area than prescribed hereinafter for such use in the zoning district wherein it is to be located.
C. In any residential district on a lot of record on the effective date of the ordinance codified in this chapter a dwelling unit may be established on a lot not less than three thousand seven hundred fifty (3,750) square feet provided that all other requirements of the ordinance codified in this chapter are met. Lots created under Chapter 18.31 may be developed in accordance with the requirements of said chapter if less than three thousand seven hundred fifty (3,750) square feet.
D. No existing residential building shall be converted so as to conflict with, or further conflict with, the lot area per dwelling unit requirements of the district in which such dwelling is located.
E. Any lot intended for semidetached single-family dwellings, as defined, shall not be less than three thousand (3,000) square feet in area in RS and RM districts.
18.32.060 Site area per dwelling unit.
City Council/RSA Agenda 85 Tuesday, September 13, 2022
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Exhibit A (Clean) - September 13, 2022
A. In the single-family residential districts including the R, RS, RS(s) and 511 districts, no more than one (1) principal dwelling unit and one (1) accessory dwelling unit shall be located on each site unless otherwise permitted under Chapter 18.31.
B. In RM districts, the minimum site area per dwelling unit shall be as prescribed in the following table; provided, that if after dividing the area of the site by the area required for each dwelling unit, a remainder of ninety percent (90%) of the area required for an additional dwelling unit is obtained, one (1) additional unit may be located on the site.
District Site Area per Dwelling Unit (in square feet)
RM 3500 3,500
RM 2500 2,500
RM 1500 1,4501
1 Sites located in the Housing Element (HE) Overlay Zone shall provide 1,450 to 2,178 square feet of site area per dwelling unit as required by Chapter 18.116.
18.32.090 Front yard.
A. In the RS districts the minimum front yard shall be twenty (20) feet
1. Except that in the RS 10000 and RS 8000 districts the minimum front yard shall be twenty-five (25) feet.
B. In the RM districts, the required front yard may be reduced by five (5) feet when all required off-street parking spaces are located on the rear half of the site or are entered parallel to the front lot line of the site.
18.32.100 Side yards.
A. The minimum side yard for a permitted use shall be ten percent (10%) of the width of the site; provided, that a side yard of not more than ten (10) feet shall be required and a side yard of not less than five (5) feet shall be permitted subject to the following exceptions:
1. An interior side yard providing access to a dwelling or dwelling units shall not be less than twelve (12) feet wide, with the exception of access to accessory dwelling units in R and RS districts, where the minimum side yard standards are permitted. Where the side yard provides access to off-street automobile parking, it shall be not less than twelve (12) feet and shall be paved to a ten (10) foot width. A street side yard of a corner lot providing access to a dwelling or dwelling units shall be regulated by the street side yard setbacks for the district.
2. In RM districts, where a side lot line of a site adjoins an RS district and private rear yard spaces of individual units are proposed to be located along the side lot line, a side yard setback of not less than twenty (20) feet shall be required.
3. In the RS districts, with the exception of the RS 4500 district where ten (10) feet is permissible, on the street side of a corner lot, the side yard shall be fifteen (15) feet. In the RM districts, the street side shall be ten (10) feet.
4. In the RS 4500 district:
City Council/RSA Agenda 86 Tuesday, September 13, 2022
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Exhibit A (Clean) - September 13, 2022
a. Side yards may be eliminated on one (1) side (zero side yard); provided, that the side wall contains no windows or other openings. An interior side yard must be maintained on at least one (1) side of dwellings on adjoining lots where side yards are aggregated on a single side. Where dwellings are placed on the zero lot line and where a one-story structure is adjacent to another one-story structure on an adjacent lot, the minimum separation between structures shall be ten (10) feet. In no case shall a dwelling be located closer than ten (10) feet to the nonzero lot line side lot line.
b. Where dwellings are placed on the zero lot line and where a one-story structure is adjacent to a two-story structure on an adjoining lot or when a two-story structure is adjacent to another two-story structure on an adjacent lot, the minimum separation between structures shall be fifteen (15) feet. Second-story additions to existing single-family dwellings placed on the zero lot line are exempt from the increased side yard building separation provision stated above, but a minimum side yard of ten (10) feet must be maintained on one (1) side.
B. The minimum side yard for a conditional use and its accessory structures shall be ten percent (10%) 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 ten (10) feet shall be permitted, subject to the following exceptions:
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.
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.
City Council/RSA Agenda 87 Tuesday, September 13, 2022
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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:
1. 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.
2. 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.
City Council/RSA Agenda 88 Tuesday, September 13, 2022
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Exhibit A (Clean) - September 13, 2022
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.
3. 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:
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. iv. 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.
4. 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.
5. Principal Entrance.
a. The principal entrance shall face the street frontage.
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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.
C. 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.
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 lot line and includes the main entry point to the residence.
G. Accessory structures over 120square feet in area shall have 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. The structure shall be located and designed so as to not disrupt the privacy of, or create noise impacts on adjacent residents and yards.
City Council/RSA Agenda 90 Tuesday, September 13, 2022
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Exhibit A (Clean) - September 13, 2022
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 requires 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;
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.
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. a. A third covered and enclosed parking space shall be provided either when the habitable areas of the primary residence (excluding accessory dwelling units) City Council/RSA Agenda 91 Tuesday, September 13, 2022
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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;
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 off-street parking spaces shall be at least nine (9) feet in width by eighteen (18) feet in length, exclusive of access drives, aisles, ramps, or columns. Such space shall have a vertical clearance of at least seven (7) feet.
2. Enclosed two-car garages shall have a minimum unobstructed interior dimension of twenty (20) feet in width by twenty (20) feet in length.
3. When permitted enclosed 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.
5. Covered off-street parking spaces shall be at least 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.
City Council/RSA Agenda 92 Tuesday, September 13, 2022
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Exhibit A (Clean) - September 13, 2022
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:
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 City Council/RSA Agenda 93 Tuesday, September 13, 2022
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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 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 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, 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.
City Council/RSA Agenda 94 Tuesday, September 13, 2022
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Exhibit A (Clean) - September 13, 2022
2. Location. ADUs shall meet the setback requirements for the primary residence in the zoning district in which they are located, except as follows:
a. No additional setback shall be required for an existing, legally constructed 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 ADU.
c. ADUs shall not occupy a required front yard if it is possible to build a unit that measures eight hundred (800) square feet or less, elsewhere on the lot. d. Attached ADUs shall maintain a minimum five (5) foot separation from detached structures on the lot.
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 lot.
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. ADUs shall not exceed eight hundred fifty (850) square feet if they contain one (1) bedroom or less and one thousand (1,000) square feet if they contain at least two (2) bedrooms.
b. 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.
4. Height.
a. Attached ADUs shall be subject to the height limitations established by the zoning district in which the ADU is located.
b. Detached ADUs shall be limited to one (1) story with a maximum height of sixteen (16) feet.
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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.
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 through 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. Design Standards.
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:
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:
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Exhibit A (Clean) - September 13, 2022
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;
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.
City Council/RSA Agenda 97 Tuesday, September 13, 2022
AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit A (Clean) - September 13, 2022
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. 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 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.
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).
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.
City Council/RSA Agenda 98 Tuesday, September 13, 2022
AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit A (Clean) - September 13, 2022
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 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 ownerCity Council/RSA Agenda 99 Tuesday, September 13, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit A (Clean) - September 13, 2022
occupancy requirement does not apply to primary residences owned by a public agency, land trust, or non-profit housing organization. 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 shall be enforced against future purchasers; and b. Restricts the size and features of the JADU.
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.
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.
City Council/RSA Agenda 100 Tuesday, September 13, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit A (Clean) - September 13, 2022
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:
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:
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, City Council/RSA Agenda 101 Tuesday, September 13, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit A (Clean) - September 13, 2022
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 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 thirty (30) 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.
City Council/RSA Agenda 102 Tuesday, September 13, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit A (Clean) - September 13, 2022
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 , decks and balconies over thirty (30) 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 in a historic district.
E. Commercial, Industrial and other zoning districts not listed above. 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 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:
1. In the opinion of the Zoning Administrator the project will have cumulative impacts as defined in Section 18.72.020.
2. The proposed project is not categorically exempt from the requirements of the California Environmental Quality Act (CEQA).
City Council/RSA Agenda 103 Tuesday, September 13, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit A (Clean) - September 13, 2022
3. In the opinion of the Zoning Administrator, the proposed project is or will be a matter of major public interest or controversy.
4. In the opinion of the Zoning Administrator the proposed project does not clearly fall within a designated category for which administrative site development review is allowed.
5. 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 impact which is a matter of public concern or controversy.
6. 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.
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;
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 items identified by the Formal Application Checklist as prescribed by the Director.
C. The application shall be accompanied by a fee in an amount established by resolution of the City Council.
D. All applications for 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 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.
City Council/RSA Agenda 104 Tuesday, September 13, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit A (Clean) - September 13, 2022
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.
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 (O) 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(N)
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.
City Council/RSA Agenda 105 Tuesday, September 13, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit A (Clean) - September 13, 2022
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 106 Tuesday, September 13, 2022
EXHIBIT B
Chapter 18.24 – Bulk Regulations
18.24.050 Permitted obstructions in required yards.
The following shall not be considered to be obstructions when located in the required yards specified:
A. In All Yards: Open terraces not over eighteen (18) inches above the average level of the adjoining ground and one hundred and twenty (120) square feet in area but not including a permanently covered terrace or porch except as allowed by the provisions of the R-5000 zoning district; awnings and canopies; steps, four (4) feet or less above grade, which are necessary for access to a permitted building, or for access to a zoning lot from a street, or alley; chimneys projecting twenty-four (24) inches or less into the yard; recreational and laundry-drying equipment; arbors and trellises flag poles; overhanging eaves and gutters projecting eighteen (18) inches or less into the yard, except that in no case shall overhanging eaves and gutters be closer than two (2) feet to a property lot line;
B. In Front and Rear Yards: Bay windows projecting three (3) feet or less into the yard; C. In Side Yards: First floor additions to single-family detached houses with existing legal nonconforming setbacks may be built in line with the existing structure as long as a minimum interior side yard setback of five (5) feet and a minimum exterior side yard setback of ten (10) feet is maintained, except that houses built on a zero lot line shall maintain a minimum setback of ten (10) feet on the nonzero lot line side of the property.
Chapter 18.31 - SB 9 Subdivisions and Development Projects
18.31.010 Purpose
The purpose of this chapter is to provide objective zoning standards for SB 9 Housing Developments within single-family residential zoning districts, to implement the provisions of state law as reflected in Government Code Section 65852.21 et. seq. and Section 66411.7 et. seq., and to facilitate the development of new residential units in a manner compatible with existing single-family residential uses and ensure standards of public health and safety.
The following zones are identified as single-family residential zoning districts; R-5000, RS-6000, RS-6000- H, RS-6000D, RS (S), RS (s) 3000, RS 4500, and 511.
18.31.020 Definitions
For purposes of this Chapter, the following definitions apply:
A. “Accessory dwelling unit” or “ADU”, means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons, is located on a lot with a proposed or existing primary residence, and is constructed pursuant to Chapter 18.34.
City Council/RSA Agenda 107 Tuesday, September 13, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit B (Redlines) - September 13, 2022
B. “Dwelling unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit or a junior accessory dwelling unit as defined in Chapter 18.34.
C. “Junior accessory dwelling unit” or “JADU” means a dwelling unit that is up to 500 square feet in size and contained entirely within an existing or proposed primary dwelling unit that provides an efficiency kitchen and a separate exterior entrance, and may include separate sanitation facilities, or may share sanitation facilities with the existing structure, and which is constructed pursuant to Chapter 18.34.
D. “Primary dwelling unit” means the single-family residence on the property prior to the approval of an SB 9 Unit or Urban Lot Split.
E. “SB 9 Housing Development” means a project containing one or more SB 9 units and may include a Urban lot split.
F. “SB 9 Unit” means a dwelling unit that is developed pursuant to Government Code Section 65852.21 and/or constructed on a parcel created pursuant to Government Code Section 66411.7 and meeting all the criteria and standards set forth in this chapter.
G. “Urban Lot Split” means the subdivision of an existing parcel into two parcels pursuant to California Government Code Section 66411.7 and meeting all the criteria and standards set forth in this chapter.
18.31.030 Number of Units Allowed.
A. When not located on a site subject to an approved or proposed urban lot split: 1) a maximum two (2) SB 9 units are permitted per parcel; and 2) either one accessory dwelling unit and/or junior accessory dwelling unit per SB 9 Unit or primary unit meeting the requirements in Chapter 18.34 is permitted, for a total of up to four dwelling units on the subject property.
B. When located on a site subject to an approved or proposed urban lot split, a maximum two (2) SB 9 units are permitted per parcel resulting from the urban lot split, for a total of two (2) units on each of the two (2) resulting parcels. Should a resulting parcel include only one (1) primary or SB 9 unit, either one SB 9 unit, accessory dwelling unit, or junior accessory dwelling unit is permitted.
18.31.040 Eligibility.
A. Applications for SB 9 Housing Developments are eligible for ministerial approval on parcels located within a single-family residential zoning district.
B. To be eligible for an SB 9 Housing Development, the proposed housing development shall meet all of the following criteria:
1. Not be located on a site as identified in Government Code Section 65913.4(a)(6)(B) to (K), or as amended:
2. Does not require the demolition or alteration of:
a. Housing subject to: (1) a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low or very low income.
City Council/RSA Agenda 108 Tuesday, September 13, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit B (Redlines) - September 13, 2022
b. Housing occupied by tenant(s) in last three years as determined by the City based on City records or information requested by the City from the applicant
3. Owner has not exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within last 15 years.
4. Does not demolish more than 25 percent of existing exterior structural walls if the site has been occupied by a tenant in the last three years.
5. Is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. For purposes of this chapter, this includes the 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.
C. For urban lot splits, the following criteria must also be met:
1. Parcel has not been established through exercise of an urban lot split, as provided for in this chapter.
2. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this chapter. For the purposes of this criterion, “Adjacent parcel" means a parcel sharing any portion of its lot line(s) with the parcel being subdivided using the provisions of the urban lot split.
18.31.050 Procedure and application - Required information for all SB 9 housing developments.
A. An application for an SB 9 Housing Development 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;
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 Title 18 together with any other data pertinent to the review prescribed in this chapter.
B. Plans shall include the contents as required by the SB 9 Housing Development Checklist as prescribed by the Director.
C. The application shall be accompanied by the items identified by the SB 9 Housing Development Checklist as prescribed by the Director.
D. An application fee as established by the City Council by resolution.
City Council/RSA Agenda 109 Tuesday, September 13, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit B (Redlines) - September 13, 2022
18.31.060 Procedure and application - Required information for urban lot split.
In addition to the information listed in Section 18.31.050, the following shall be provided for projects involving an urban lot split:
A. The plans for urban lot split shall be prepared by a person qualified to prepare subdivision maps, such as a registered civil engineer, or licensed surveyor. Such urban lot split shall be in full compliance with the requirements of this chapter. Topography and boundaries of said urban lot split shall be certified as to accuracy by a registered civil engineer or licensed land surveyor, and all public improvements shall be designed by a registered civil engineer.
B. Applicant shall sign an affidavit on a form provided by the City stating the ownerintends to occupy one of the housing units on a resulting parcel as his or her 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.
C. Plans shall include the contents as required by Section 17.20.030 and as required by the appropriate urban lot split checklist as prescribed by the Director or City Engineer.
D. An application fee as established by the City Council by resolution.
18.31.070 Density.
An SB 9 Housing Development does not increase the density of the lot upon which it is located.
18.31.080 Action of Zoning Administrator.
A. An application to create an SB 9 Housing Development, with or without an urban lot split, shall be ministerially reviewed, and either approved or denied, by the Zoning Administrator based on the requirements of this Chapter and application law.
B. Notwithstanding subsection A, above, an application for an SB 9 Housing Development may be denied if the Chief Building Official or their designee, upon making written findings to the Zoning Administrator or their designee, finds the project would have a specific, adverse impact upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
18.31.090 Development Standards.
A. The standards set forth in this chapter shall not preclude the construction of up two (2) dwelling units per parcel and shall not preclude each dwelling unit from being at least 800 square feet in floor area. To the extent that any development standard precludes such development, the development standard shall be reduced or eliminated only to the extent necessary to allow the development of up to two (2) dwelling units, of at least 800 square feet, per parcel.
B. All SB 9 units shall have separate utility connections and meters. If an accessory dwelling unit becomes a primary dwelling unit, a separate utility connection for the reclassified unit shall then be required.
C. All SB 9 units, whether attached or detached, shall be designed for separate conveyance, in accordance with applicable Fire Code and Building Code requirements.
City Council/RSA Agenda 110 Tuesday, September 13, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit B (Redlines) - September 13, 2022
D. Setbacks. SB 9 units shall meet the setbacks established by the zoning district for primary structures except as provided below:
1. Existing Structures. No setback shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure.
2. Interior Side and Rear Setbacks. SB 9 units shall be setback from interior side and rear lot lines a minimum of four (4) feet.
3. Exterior Side Setbacks. On the street side of a corner lot, the street side yard shall not be less than ten (10) feet.
E. Height. SB 9 units shall be subject to the height limitations established by the zoning district for primary structures except
1. The maximum height of the portion of a SB 9 unit located between the four-foot setback line established by this chapter and the limit of the rear, side, or street side yard area established by zoning district is 16 feet, as measured from the lowest grade adjacent to the structure to the highest ridge or top of the structure.
F. Lot Coverage. SB 9 units on the same parcel shall be cumulatively limited to the lot coverage allowed by the residential zoning district that the parcel is located, except that in no case shall a single unit be larger than 2,000 square feet.
G. Building Separation. SB 9 units shall be separated from accessory structures on the same parcel, parcels resulting from an urban lot split, or adjacent parcels by a minimum of five (5) feet, except that the distance between a main structure and an accessory structure shall be allowed to be closer than six feet if all the following conditions are met:
1. These separation requirements would cause SB 9 unit to conflict with the minimum setbacks or unit size otherwise allowed by this chapter.
2. All of the requirements of the Building and Fire Codes are met.
3. If accessory structures are not located closer than four feet to any side or rear lot line.
H. Parking. One off-street, covered and enclosed parking space shall be provided per SB 9 unit, except if the parcel is located:
1. Within one-half mile walking distance of either a high-quality transit corridor (as defined by Section 21155 of the California Public Resources Code) or a major transit stops (as defined by Section 21064.3 of the California Public Resources Code); or
2. Within one block of a permitted car share vehicle location.
Transit frequency shall be based on the schedule posted by the transit agency at the time of the issuance of the first "completeness” letter issued by the city following submittal of the application.
I. Addressing. Street addresses shall be assigned to all units to assist in emergency response prior to building permit issuance. An address shall be placed at the front of the lot, visible from the City Council/RSA Agenda 111 Tuesday, September 13, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit B (Redlines) - September 13, 2022
public right-of-way, and at the main entrance to the unit (if not visible from the public right-ofway).
J. Except where indicated in this chapter, SB 9 Housing Developments shall comply with other Zoning and Building Code requirements generally applicable to residential construction in the applicable zone where the property is located.
K. Development standards set forth in a planned unit development or specific plan shall apply to any SB 9 Housing Development except that any such planned unit development or specific plan standard cannot be applied if it would either: (1) result in a conflict with standards set forth by state law for an SB 9 housing development; or (2) preclude an SB 9 Housing Development that meets the applicable requirements of state law or this chapter.
L. SB 9 Housing Development shall comply with the following owner occupancy requirements:
1. In the case where there is no urban lot split, rental of any accessory dwelling unit or junior accessory dwelling unit associated with a Primary or SB 9 unit shall be as specified in Chapter 18.34.
2. In the case where there is an urban lot split, the applicant shall sign an affidavit on a form provided by the City stating that the applicant intends to occupy one of the dwelling units as his or her principal residence for a minimum of three years from the date of approval of the urban lot split.
M. Rental of any SB 9 unit shall be for more than 30 consecutive days.
18.31.100 Subdivision Standards - Urban lot split.
Notwithstanding Title 17 of this code, the City shall ministerially approve a parcel map for an urban lot split, subject to meeting all of the requirements in this chapter.
A. The urban lot split shall result in no more than two parcels and one of the two parcels resulting from the urban lot split shall not be smaller than 40 percent of the lot area of the original parcel.
B. The newly created parcels shall conform to all of the following standards:
1. Each lot shall be a minimum size of 1,200 square feet.
2. The side lot lines of all lots, to the extent possible, shall be at right angles to the street which the lot faces, or approximately radial to the center of curvature, if such street is curved. Side lines of lots shall be approximately radial to the center of curvature of a culde-sac on which the lot faces.
3. Each parcel shall provide for direct vehicular access to and have a minimum frontage of 30 feet on the public right-of-way, except for flag lots, where the frontage shall be the width needed to meet access standards as specified in this chapter.
4. Lot depth shall not exceed two times the lot width except as provided below. a. The Director may approve a lot depth between two and three times the width where, based on the physical characteristics of the land, a greater lot depth City Council/RSA Agenda 112 Tuesday, September 13, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit B (Redlines) - September 13, 2022
would result in a better lot configuration considering the established development pattern in the area and efficient utilization of land.
C. Flag lots, if proposed, shall meet the following standards:
1. A flag lot shall be allowed with an urban lot split in a situation where a conventionally configured lot would not allow for a second lot of at least 1,200 square feet, accommodating two housing development units of at least 800 square feet each.
2. Front, side, and rear yards for the purposes of identifying required setbacks shall follow the orientation established by the adjacent lots unless otherwise determined by the zoning administrator and/or their designee.
3. The minimum width of the access corridor portion of the flag lot shall be 12 feet paved, except where greater width is required for Fire Department access.
4. A fence may be constructed between the access corridor of a flag lot and the adjacent parcel consistent with the requirements listed in Section 18.32.040, except that the fence height may not exceed three (3) feet within the front yard area of the adjacent property.
5. All fire code requirements shall be met including, but not limited to: access, driveway length and width, turnarounds, clearance, road grades, fire hydrant connections.
D. Driveways shall conform to the minimum standards set by the Public Works Department standard detail STD-201, or as specified in the Fire Code if emergency vehicle access is required.
E. Two driveways on less than 70 feet of total frontage are permitted only when necessary to provide access to both parcels resulting from the urban lot split. In this case, either the aggregate width of two separate driveways or a combined shared driveway must comply with the dimensions set forth by the Public Works Department standard detail and the driveway shall be configured to avoid unnecessary loss of available curbside parking in the neighborhood.
Shared driveways and shared curb cuts are encouraged whenever possible.
F. Public service easements shall be provided within the subdivision where required for public utility purposes, in accordance with Title 17 of this code.
G. All uses on each newly created parcel shall be limited to permitted residential uses under Section 18.32.020.
18.31.110 Design Standards
All SB 9 Housing Developments shall meet the following standards:
A. The standards set forth in this chapter shall not preclude the construction of up two SB 9 units per parcel and shall not preclude each SB 9 unit from being at least 800 square feet in floor area.
B. Building Facades and Materials.
City Council/RSA Agenda 113 Tuesday, September 13, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit B (Redlines) - September 13, 2022
1. 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:
a. A vertical wall shift at least one foot in depth;
b. A change in material type;
c. Windows or building entrances;
d. A projection such as a stoop, bay window, or overhang; or 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.
2. 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.
3. Transitions for both materials and colors shall be located at internal corners. a. Exceptions. Exceptions may be granted by the Director where the Director finds that transitions in other locations create visual variety or to accommodate a complete architectural style.
4. 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 development or neighborhood.
5. Where chimney extensions are involved, the extension shall incorporate the same materials as the existing chimney.
C. Windows and glazing.
1. All windows shall incorporate the following:
a. Trim at least three (3) inches in width must be provided around all windows, or b. Windows must be recessed at least two (2) inches from the plane of the surrounding exterior wall.
c. Exceptions may be granted by the Director to accommodate alternative window design complementary to the architectural style of the structure.
2. Upper story windows located less than ten (10) feet from side and/or rear lot lines and facing side and/or rear yard of an adjacent property shall be located to maximize privacy for adjacent properties by using at least one of the following techniques:
City Council/RSA Agenda 114 Tuesday, September 13, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit B (Redlines) - September 13, 2022
a. The sill height located a minimum of sixty (60) inches above the finished floor. b. 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.
c. 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.
D. Roof form and detailing.
1. 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. a. Mansard roofs shall be prohibited.
2. SB 9 units resulting from alterations or additions to an existing structure shall provide the same roof form, material, and color as the existing structure.
3. New buildings shall provide a roofing material that is the same as the predominant roofing material throughout properties within 100 feet.
4. Roof material and color shall be the same throughout the entirety of the roof.
5. Overhanging eaves shall extend a minimum of twelve (12) inches beyond the supporting wall.
6. The roof form and materials of garages shall be the same as the materials and detailing of primary and SB 9 units.
7. Exceptions. Exceptions may be granted by the Director to accommodate a complete architectural style or alternative roof forms and detailing that complement the architectural character of existing development.
E. Principal Entrances.
1. Each street frontage shall have at least one principal entry oriented toward it.
2. The principal entrance may be an individual entrance to a single unit or a shared entrance that provides access to more than one unit.
3. The principal entry shall be emphasized utilizing at least one (1) of the following methods:
a. A projection (e.g., overhang) with a minimum depth of three (3) feet and a minimum horizontal area of thirty (30) square feet.
b. A recess a with a minimum depth of three feet and a minimum horizontal area of thirty (30) square feet.
c. A landing, deck, porch, or stoop with a minimum six (6) foot by six (6) foot area.
City Council/RSA Agenda 115 Tuesday, September 13, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit B (Redlines) - September 13, 2022
4. Street-facing front entries shall be clearly identifiable and connected to the public street by a pedestrian path with a minimum width of three (3) feet.
5. Exceptions. The Director may approve alternative principal entrance designs that create a welcoming entry feature such as a trellis, landscaped courtyard entry, enhanced walkway, columns or other architectural features.
F. Balconies. Usable balconies and upper-story decks are prohibited on SB 9 units. Decorative/faux balconies that are less than two feet in depth and are not accessible from the unit are allowed.
G. Exterior Stairways. Exterior stairways providing access to an upper story are prohibited.
H. Walls, Fences and Hedges. Walls, fences, and hedges shall meet the requirements identified in Section 18.32.040.
I. Mechanical and utility equipment shall be concealed as viewed from the public right-of-way.
Ground-mounted equipment shall be screened by a combination of walls or fencing and landscaped plant material up to a maximum height of three (3) feet. In no case shall screening cause a sight obstruction to pedestrian, bicycle, or vehicular traffic as determined by the City Engineer. Roof mounted equipment shall be screened by the use of architectural screens or roof wells.
J. Storage of waste containers shall not be located within private driveways or be visible from the public right-of-way.
K. SB 9 Housing Developments shall comply with the following landscaping requirements:
1. Lots with aggregate new landscaped area equal or greater to 500 square feet or replaced landscaped area equal or greater to 2,500 square feet shall comply with the Chapter 18.112 water efficient landscaping and the City’s Residential Landscape Standards Policy Statement.
2. Front yard landscaping shall comply with the requirements listed in Section 18.32.115.
3. Landscaping used to screen views of storage areas, trash enclosures, mechanical or HVAC equipment, irrigation and plumbing equipment, and transformers shall be a maximum of three (3) feet in height. In no case shall screening cause a sight obstruction to pedestrian, bicycle, or vehicular traffic as determined by the city engineer.
L. Garages constructed for SB 9 units shall meet the following standards:
1. Garages shall comply with the standards identified in Section 18.32.160(C).
2. Detached garage shall comply with the standards identified in Section 18.32.020(I).
3. Front entry attached garages shall be articulated and offset from the adjacent wall plane.
4. Garage doors located in a stucco wall shall be recessed a minimum of three (3) inches from the surrounding building wall.
5. Garage doors located in wood clad (or similar) siding, or masonry walls shall provide surrounding trim with a minimum width of three (3) inches City Council/RSA Agenda 116 Tuesday, September 13, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit B (Redlines) - September 13, 2022
Chapter 18.32 – Residential Districts
18.32.020 Permitted uses.
A use that is not listed here or in Section 18.32.030 is not a permitted use. The following uses shall be permitted:
A. Uses lawfully established on the effective date of the ordinance codified in this chapter.
B. In RS and R districts, one (1) family dwellings, including site-built or modular homes.
C. In RS and R districts, manufactured homes placed as a sole principal residence on a single-family lot and constructed after June 15, 1976, subject to the following requirements:
1. All provisions of this title applicable to one (1) family residential structures shall apply unless preempted by State law.
1.2.Each unit shall be provided with a continuous concrete foundation and permanent utility connections, and conform to all applicable building, plumbing, electrical and fire codes.
2. All provisions of this title applicable to one (1) family residential structures shall apply unless preempted by State law.
3. Exterior treatment of the unit, including roof eaves, roof pitch, roofing and siding material, and of any garage or other accessory structure located on the same site shall be compatible with conventional site-built housing in the vicinity. The following criteria shall be met to ensure the compatibility of manufactured homes with surrounding residential uses:
a. The manufactured home width shall not be less than twenty (20) feet and may be a double-wide, multi-sectional unit.
b. 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. c. 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.
d. 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.
e. The exterior siding material and roof of the enclosed garage required for the mobile home shall be the same as that of the manufactured home. f. The finished floor of the manufactured home shall not exceed thirty (30) inches above the exterior finish grade of the lot.
City Council/RSA Agenda 117 Tuesday, September 13, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit B (Redlines) - September 13, 2022
g. 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.
D. In RM districts, multifamily dwellings, semi-detached single-family dwellings containing not less than two (2) units, and attached dwellings.
E. Room, room and board, or boardinghouses for not more than two (2) paying guests in the R and RS districts; lodging rooming houses in the RM 1500 district.
F. Raising for noncommercial purposes of fruit and nut trees, vegetables and horticultural specialties.
G. Home occupations, subject to the following conditions:
1. That the home occupation shall be conducted within a primary or accessory dwelling unit by an inhabitant thereof and shall be clearly incidental to the use of the structure as a dwelling;
2. That the home occupation shall not be conducted in an accessory structure or in an attached garage;
3. That not more than twenty percent (20%) of the floor area of the dwelling shall be devoted to the conduct of the home occupation;
4. That an attached garage or detached accessory structure shall not be used as living or sleeping quarters in order to conduct the home occupation within the dwelling;
5. That the entrance to the area devoted to the home occupation shall be from within the dwelling;
6. That there shall be no exterior alteration of the dwelling and there shall be no internal alterations or construction features not customary in a dwelling;
7. That there shall be no show window or window display to attract customers, clients or the general public, and no sign shall be displayed other than a non- illuminated name plate not exceeding one and one-half (1-1/2) square feet in area, which shall be located flat against the wall or window of the dwelling;
8. That no one other than a resident of the dwelling shall conduct business from the dwelling; employees working off-site only may be allowed;
9. That there shall be no noisy or otherwise objectionable machinery or equipment used in the conduct of the home occupation, that no radio or televisionelectronic interference shall be created, and that the conduct of the home occupation shall not create any noise audible beyond the boundaries of the site;
10. That a maximum of one (1) vehicle shall be associated with the home occupation. The vehicle associated with the home occupation shall be parked in an enclosed garage or under a designated carport when not in use. If the property lot does not have a garage or carport, then the vehicle shall park in an approved driveway on the propertylot; City Council/RSA Agenda 118 Tuesday, September 13, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit B (Redlines) - September 13, 2022
11. That there shall be no storage of equipment or supplies in an accessory structure, in an attached garage, or outside of the dwelling, except that equipment or supplies incidental to a service performed off of the premises may be stored in one (1) truck of not more than one-half (1/2) ton capacity;
12. That the conduct of the home occupation shall not create excessive pedestrian, automobile or truck traffic in the vicinity;
13. That the following uses shall not be permitted:
a. Organized classes in music, dancing, art, drama, self-defense, business and the like, except that the instruction of one (1) pupil at a time shall be permitted; b. Personal service establishments such as commercial photo studios, beauty parlors, massage parlors, barber shops, health studios, self-improvement courses and the like;
c. Repair services such as repair of household appliances, furniture, electronic equipment, automobiles and their parts, and the like and handicraft work such as woodwork, cabinetry, metal working, welding and the like; d. The sale and trade of goods or products such as firearms, ammunition, fireworks, hazardous chemicals, or any product that has the potential to cause injury if improperly handled and is therefore unsuitable for home occupation as determined by the Zoning Administrator;
e. Uses that involve the use of a vehicle that cannot not fit into a standard residential garage (i.e., shuttles, trucking, construction), unless there is evidence of dedicated off-site parking;
f. Automobile sales;
g. Food preparation, except that cottage food operators consistent with the California Homemade Food Act shall be permitted.
h. Microenterprise Home Kitchen Operations (MEHKO), except for MEHKO operating with a valid Alameda County Department of Environmental Health Permit, and that do not create a nuisance.
H. Swimming pools, spas, and related equipment located on the same site with a permitted use, subject to the locational criteria for detached accessory structures.
I. Accessory structures located on the same site with a permitted use, including private garages and carports, storage sheds, gazebos, greenhouses, workshops, and similar structures, shall be subject to the following conditions and the design criteria listed in Section 18.32.125:
1. Attached Aaccessory structures shall be subject to the following conditions:
a. Attached accessory structures may be attached to andthat share have a common wall with the main structure on a site; provided, that the attached accessory structure is shall not be used for additional living or sleeping City Council/RSA Agenda 119 Tuesday, September 13, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit B (Redlines) - September 13, 2022
purposes, unless legally converted into an accessory dwelling unit consistent with all provisions listed in Chapter 18.34.
a.b.Attached accessory structures and shall provide the same front, side and rear yards as required for the main structure except that an attached patio cover and/or enclosed patio may encroach into the required rear yard area from the main structure when:
i. There remains at least ten (10) feet of clear, open space from the nearest projection of the patio cover eaves or screening material to the rear property lot line;
ii. The height of the structure at its maximum vertical projection shall be twelve (12) feet, and may go up to fourteen (14) feet to match the roof pitch of the main dwelling, as long as the midpoint of the roof does not exceed twelve (12) feet, as measured from grade;
iii. Maximum site coverage allowed in the residential zoning district is not exceeded.
2. Detached accessory structures shall be subject to the following conditions:
a. 9. A detached accessory structure shall not be used for additional living or sleeping purposes, unless legally converted into an accessory dwelling unit consistent with all provisions listed in Chapter 18.34
b. Detached accessory structures over four hundred fifty (450) square feet in building area are subject to administrative site development review approval in accordance with Chapter 18.72.
c. b.If the total square footage of all detached accessory structures exceeds four hundred fifty (450) square feet, then the structure(s) which brings the combined total building coverage above four hundred fifty (450) square feet, and all subsequent structures, shall be subject to administrative site development review approval in accordance with Chapter 18.72.
d. 10.Detached accessory structures which propose water or sewer utility connections shall be subject to administrative site development review approval in accordance with Chapter 18.72
e. Setbacks
i. Detached accessory structures shall be located not closer than five (5) feet from any other structure, four (4) feet to a side or rear property lot line.
ii. 3.Detached accessory structures shall be located on the rear half of the lot or site and in no case forward of the main structure iii. 4.On a corner site, detached accessory structures shall have a side street setback of twenty (20) feet (where the rear yard abuts the side City Council/RSA Agenda 120 Tuesday, September 13, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit B (Redlines) - September 13, 2022
yard of a key lot), with a rear yard of four (4) feet, except, where the rear yards of corner lots adjoin the side street, setback may be ten (10) feet in the RM district and fifteen (15) feet in the RS district. i.iv. 5.On a corner site, garages and carports which are entered perpendicular to and from across the side property lot line adjoining the street shall be located not closer than twenty (20) feet to such property lot line
ii.v. 6.On a lot with double frontage, detached accessory structures shall not be located closer to either street than the front yard as required for the main structure
f. Height. Detached accessory structures Such structure(s) shall be limited to one (1) story, with a maximum height of twelve (12) feet, and may go up to fourteen (14) feet to match the roof pitch of the main dwelling, as long as the midpoint of the roof does not exceed twelve (12) feet, as measured from grade. Eaves and projections shall meet the standards of the California Building Standards Code. g. Lot coverage7. In all RS and RM districts, detached Detached accessory structures shall cover not more than thirty percent (30%) of the actual rear yard. b.h.8.The roof of a detached accessory structure shall not be used as a deck or floor.
3. Detached accessory structures shall be located on the rear half of the lot or site and in no case forward of the main structure.
4. On a corner site, detached accessory structures shall have a side street setback of twenty (20) feet (where the rear yard abuts the side yard of a key lot), with a rear yard of four (4) feet, except, where the rear yards of corner lots adjoin the side street, setback may be ten (10) feet in the RM district and fifteen (15) feet in the RS district.
5. On a corner site, garages and carports which are entered perpendicular to and from across the side property line adjoining the street shall be located not closer than twenty (20) feet to such property line.
6. On a lot with double frontage, detached accessory structures shall not be located closer to either street than the front yard as required for the main structure.
7. In all RS and RM districts, detached accessory structures shall cover not more than thirty percent (30%) of the actual rear yard.
8. The roof of a detached accessory structure shall not be used as a deck or floor.
9. A detached accessory structure shall not be used for additional living or sleeping purposes, unless legally converted into an accessory dwelling unit consistent with all provisions listed in Chapter 18.34.
10. Detached accessory structures which propose water or sewer utility connections shall be subject to administrative site development review approval in accordance with Chapter 18.72.
City Council/RSA Agenda 121 Tuesday, September 13, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit B (Redlines) - September 13, 2022
11. Detached accessory structures such as arbors, trellises, and other decorative structures, which have a roof element but do not have any walls or contain habitable space, shall be restricted in height to twelve (12) feet at its maximum vertical projection above grade and shall be set back three (3) feet from any side and rear property line. Such structures shall maintain a minimum three (3) foot setback from the primary residence.
Eaves and gutters may project into the required side and rear yard setbacks in accordance with Section 18.24.050 (Bulk regulations—Permitted obstructions in required yards).
3. No accessory building or structure shall be constructed on any lot prior to the time of construction of the primary residence to which it is accessory.
J. Canopy and/or tent structures are prohibited from front yards and exterior side yards, except to be allowed temporarily four (4) times within a calendar year, each time for up to seven (7) calendar days, with a maximum of one (1) extension per calendar year for one (1) of the four (4) times for an additional seven (7) day period. Temporary canopy and/or tent structures shall not exceed two hundred (200) square feet. For purposes of definition, canopy and/or tent structures are distinguished from vehicle covers in that canopy and/or tent structures are constructed of fabric or pliable material that are structurally supported by some mechanism other than the contents they are protecting. Vehicle covers are constructed of fabric or pliable materials that are directly supported by the vehicle(s) they are protecting with no structural supports. Vehicle covers are therefore exempt from these requirements.
1. No accessory building or structure shall be constructed on any lot prior to the time of construction of the primary residence to which it is accessory.
K. Decks and Balconies consistent with the provision listed in Section 18.32.045 L. Storage containers
1. Storage Containers may be stored on private property for up to ten (10) days.
2. Storage containers proposed to remain on private property for more than ten (10) days and storage containers over one hundred twenty (120) square feet in building area are subject to administrative site development review approval in accordance with Chapter
18.72. Storage containers shall be stored on private property, driveways, on concrete aprons adjacent to driveways, or on other compact material for vehicle parking adjacent to driveways.
3. Storage containers to be used during active construction shall require approval by the Community Development Department.
2.4.The property owner, resident tenant or lessee shall obtain all necessary permits prior to bringing storage containers on site.
K.M. Amateur radio antennas and antenna structures constructed by or for FCC licensed amateur radio operators that, when fully extended, measure forty (40) feet or less in height and twenty-four (24) inches or less in diameter with an antenna boom measuring less than twenty City Council/RSA Agenda 122 Tuesday, September 13, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit B (Redlines) - September 13, 2022
(20) feet in length are subject to administrative site development review approval in accordance with Chapter 18.72 and the provisions of Section 18.32.190.
L.N.Temporary subdivision sales offices in accord with the provisions regulating temporary subdivision signs and sales offices.
M.O. Agricultural uses including nurseries.
N.P. Large family child care homes in all areas zoned to allow single-family or multifamily residential uses subject to approval(s) from the State of California Community Care Licensing Division.
O.Q. Duplexes on corner lots when constructed as part of the affordable housing obligation as provided in Chapter 18.33. Duplexes shall meet the front, rear and street side yard setback of the district in which they are located. Exceptions to the setback standards may be granted by approval of a use permit.
P.R.Repairs to automobiles and other vehicles or equipment shall be limited to minor repair on vehicles or equipment owned by a resident of the premises that may be stored within a private garage. Minor repair shall include minor adjustment or repair to mechanical, electrical systems, small parts replacement, brake pad and wheel replacement or repair, and shall not include engine, transmission or drive train removal or replacement, frame or body and fender work, welding or painting. Minor repair work when done in public view shall be completed in a timely manner and no vehicle shall be left unattended on lacks or temporary supports. Repair work shall not be done in the public right-of-way.
Q. Mechanical equipment (e.g., generators, air conditioners, etc.) located within five (5) feet of a property line shall be screened or enclosed with sound-insulated materials. Any noise emitted from the equipment shall not exceed seventy (70) decibels at the property lines.
18.32.040 Walls, fences and hedges.
A. Walls, fences and hedges located in any residential district shall be subject to the following height, location and design restrictions. All fences over six (6) feet in height shall be subject to issuance of a building permit.
1. In the required rear yard and in the required interior side yards from the rear setback to the front setback, the maximum height shall be six (6) feet as measured above the surface of the ground, except that an additional one and one-half (1-1/2) foot of lattice may be added above a six (6) foot high fence per approval by the Director and issuance of a building permit.
2. Height Exception. Fences a maximum of eight (8) feet in height may be allowed in the required rear yard or in the required interior side yards from rear property line to the front setback when the yard abuts a flood control channel, a railroad, a park, a licensed residential care or health facility, a school, a child care center, commercial use, industrial use or major arterials, including Alvarado-Niles Road, Dyer Street, Decoto Road, Whipple Road, Union City Boulevard, Mission Boulevard, Alvarado Boulevard and Lowry Road. Soundwalls are exempted from height restrictions when they are part of a City Council/RSA Agenda 123 Tuesday, September 13, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit B (Redlines) - September 13, 2022
site development review approval of a subdivision. The owner of the lot on which an eight (8) foot fence is constructed in accordance with this subsection shall reduce the fence height to six (6) feet within thirty (30) calendar days of the removal, relocation, or the termination of operations of the adjacent facility or use, school or center. When an eight (8) foot fence adjoins a fence of a lower height at any point other than at the intersection of two (2) or more property lot lines, the eight (8) foot fence shall be designed to step or slope down to the height of the adjoining fence or six (6) feet, whichever is greater in height.
3. When located inIn the required front yard, the maximum height shall be three (3) feet above the surface of the ground.
4. On corner and reverse corner lots, the maximum height shall be three (3) feet in the side street exterior side yard, except that fences a maximum of six (6) feet in heightmeeting the other requirements listed in Section 18.32.040(.A) may be permitted when located ten (10) feet from the side street lot line and at least thirty-five (35) feet from the front lot line, but not closer to the front lot line than the front face of the structure.
5. On lots developed with multiple-family residential uses, fences a maximum of eight (8) feet in height may be permitted to enclose interior private open space areas at the end units of building clusters. Interior private open space areas are those areas which are located between a building unit and a garage or other structure.
6. In all districts, the design of fences and walls, and materials used in construction, shall aesthetically complement the yard area, and be compatible with neighboring yards, fences and structures, and be subject to review and approval by the city prior to construction. Acceptable materials are deemed to be natural materials such as wood, masonry and earth materials, and do not include metal, plastic or other similar materials where such fences and structures are intended to exceed three (3) feet above the surface of the ground.
B. Retaining walls. Retaining walls located in any residential district, except for those located in the hillside combining district, shall be subject to the following restrictions.
1. A retaining wall which is not part of a building shall not exceed three (3) feet in height.
2. Fencing on top of a retaining wall is permitted when the total height of both the wall and fence do not exceed the applicable maximum height requirement in Section
18.32.040.A.
3. The sides of exposed exterior retaining walls shall be architecturally treated.
4. Exceptions. Exceptions may be granted by the director where the director finds that no practical alternative exists, the purpose of the regulation will not be compromised, and no detrimental impact will result.
18.32.045 Decks and balconies.
City Council/RSA Agenda 124 Tuesday, September 13, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit B (Redlines) - September 13, 2022
A. Decks and balconies no more than eighteen twelve (128) inches above the average level of the adjoining ground and one hundred and twenty (120) square feet in area may encroach into any required setback.shall meet the setback and size requirements for accessory structures as provided in Chapter 18.32.020
B. A dDecks or a balcony over eighteen twelve (128) inches high or one hundred and twenty (120) square feet in area shall be located within the area of the lot allowed for principal dwellings by the zoning ordinance and must conform to the required front, rear and side yard setbacks of the zoning district in which they are locatedbut less than thirty (30) inches in height are subject to the following conditions:.
1. Provide a minimum setback of at least ten (10) feet from any side or rear lot line.
1.2.Conform to the required front setback as established by the zoning district in which they are located.
C. Attached decks and balconies over four thirety (304) feet inches in height shall be subject to administrative site development review approval in accordance with Chapter 18.72, and are subject to the following conditions:
1. Conform to the required front setback for the main structure as established by the zoning district in which they are located
2. Providerequired to provide a minimum setback of at least fifteen (15) feet from any side or rear property lot line.
3. Where the end section of the deck or balcony directly overlooks an adjoining side yard to the side, a solid end wall or obscure screen may be required.
18.32.050 Minimum site area.
A. The minimum site area shall be as prescribed in the following table:
District Site Area
RS 10000 10,000 square feet
RS 8000 8,000 square feet
RS 7000 7,000 square feet
RS 6000
RS 6000D
6,000 square feet
4,500 square feet
R 5000 5,000 square feet
RS 4500 4,500 square feet
RS(s) 3,465 square feet
RS(s) 3000 3,000 square feet (single-family)
2,660 square feet (duplex)
RM 3500 7,000 square feet
RM 2500 6,000 square feet
RM 1500 6,000 square feet
City Council/RSA Agenda 125 Tuesday, September 13, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit B (Redlines) - September 13, 2022
B. No residential use shall be established or hereafter maintained on a lot recorded after the effective date of the ordinance codified in this chapter which is of less area than prescribed hereinafter for such use in the zoning district wherein it is to be located.
C. In any residential district on a lot of record on the effective date of the ordinance codified in this chapter a living dwelling unit may be established on a lot not less than three thousand seven hundred fifty (3,750) square feet provided that all other requirements of the ordinance codified in this chapter are met. Lots created under Chapter 18.31 may be developed in accordance with the requirements of said chapter if less than three thousand seven hundred fifty (3,750) square feet .
D. No existing residential building shall be converted so as to conflict with, or further conflict with, the lot area per dwelling unit requirements of the district in which such dwelling is located.
E. Any lot intended for semidetached single-family dwellings, as defined, shall not be less than three thousand (3,000) square feet in area in RS and RM districts.
18.32.060 Site area per dwelling unit.
A. In the single-family residential districts including the R, RS, RS(s) and 511 districts, no more than one (1) principal dwelling unit and one (1) accessory dwelling unit shall be located on each site unless otherwise permitted under Chapter 18.31.
B. In RM districts, the minimum site area per dwelling unit shall be as prescribed in the following table; provided, that if after dividing the area of the site by the area required for each dwelling unit, a remainder of ninety percent (90%) of the area required for an additional dwelling unit is obtained, one (1) additional unit may be located on the site.
District Site Area per Dwelling Unit (in square feet)
RM 3500 3,500
RM 2500 2,500
RM 1500 1,4501
1 Sites located in the Housing Element (HE) Overlay Zone shall provide 1,450 to 2,178 square feet of site area per dwelling unit as required by Chapter 18.116.
18.32.090 Front yard.
A. In the RS districts Tthe minimum front yard shall be twenty (20) feet
1. Eexcept that in the RS 10000 and RS 8000 districts the minimum front yard shall be twenty-five (25) feet.
A.B. In the RM districts, the required front yard may be reduced by five (5) feet when all required off-street parking spaces are located on the rear half of the site or are entered parallel to the front property lot line of the site.
18.32.100 Side yards.
A. The minimum side yard for a permitted use shall be ten percent (10%) of the width of the site; provided, that a side yard of not more than ten (10) feet shall be required and a side yard of not less than five (5) feet shall be permitted subject to the following exceptions:
City Council/RSA Agenda 126 Tuesday, September 13, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit B (Redlines) - September 13, 2022
1. An interior side yard providing access to a dwelling or dwelling units shall not be less than twelve (12) feet wide, with the exception of access to accessory dwelling units in R and RS districts, where the minimum side yard standards are permitted. Where the side yard provides access to off-street automobile parking, it shall be not less than twelve (12) feet and shall be paved to a ten (10) foot width. A street side yard of a corner lot providing access to a dwelling or dwelling units shall be regulated by the street side yard setbacks for the district.
2. In RM districts, where a side property lot line of a site adjoins an RS district and private rear yard spaces of individual units are proposed to be located along the side property lot line, a side yard setback of not less than twenty (20) feet shall be required.
3. In the RS districts, with the exception of the RS 4500 district where ten (10) feet is permissible, on the street side of a corner lot, the side yard shall be fifteen (15) feet. In the RM districts, the street side shall be ten (10) feet.
4. In the RS 4500 district:
a. Side yards may be eliminated on one (1) side (zero side yard); provided, that the side wall contains no windows or other openings. An interior side yard must be maintained on at least one (1) side of dwellings on adjoining lots where side yards are aggregated on a single side. Where dwellings are placed on the zero lot line and where a one-story structure is adjacent to another one-story structure on an adjacent lot, the minimum separation between structures shall be ten (10) feet. In no case shall a dwelling be located closer than ten (10) feet to the nonzero lot line side property lot line.
b. Where dwellings are placed on the zero lot line and where a one-story structure is adjacent to a two-story structure on an adjoining lot or when a two-story structure is adjacent to another two-story structure on an adjacent lot, the minimum separation between structures shall be fifteen (15) feet. Second-story additions to existing single-family dwellings placed on the zero lot line are exempt from the increased side yard building separation provision stated above, but a minimum side yard of ten (10) feet must be maintained on one (1) side.
5. On two-story single-family dwellings, side wall windows at the second-story level adjoining a required side yard shall not be so placed as to directly overlook a yard on an adjoining lot unless no other alternative is possible. In such cases, obscure glazing or other appropriate mitigation measure to ensure privacy may be required. Where the end section of a deck or balcony directly overlooks an adjoining yard to the side, a solid end wall or obscure screen may be required.
B. The minimum side yard for a conditional use and its accessory structures shall be ten percent (10%) 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 ten (10) feet shall be permitted, subject to the following exceptions:
City Council/RSA Agenda 127 Tuesday, September 13, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit B (Redlines) - September 13, 2022