Union City City Council
September 27, 2022

AGENDA

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, September 27, 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 - None

4. ORAL COMMUNICATIONS
An individual speaker shall have three minutes to address the 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 City Council/RSA Agenda 1 Tuesday, September 27, 2022
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 Meeting Held on September 13, 2022

5.c. Adopt a Resolution to Open the Process for Accepting Applications for Commercial Cannabis Permits and Approving the Procedures to Govern the Manner in Which the City Council Will Determine the Most Qualified Applicant(s) to Receive the Permit(s)

5.d. Adopt a Resolution Authorizing the City Manager to Approve the Third Amendment to the Consulting Services Agreement with Apex Strategies, in the Amount of $133,000, for Transportation Strategies Support for the Quarry Lakes Parkway Project, City Project No. 18-04, for a Total Contract Amount of $350,350, and Appropriating $113,000 from the Unassigned Fund Balance in the SB-1 Fund (Fund 2515)

5.e. Adopt a Resolution Authorizing the City Manager to Enter into a Consulting Services Agreement, in a Form Approved by the City Attorney, Between the City of Union City and Douglas Herring and Associates, for Preparation of Environmental Clearance Documentation for a New Life Science Campus Located at
30300 Union City Boulevard, in an Amount Not to Exceed
$113,687

5.f. Adopt a Resolution Authorizing the City Manager to Approve the Fourth Amendment to the Consulting Services Agreement with Kimley-Horn and Associates, Inc., in the Amount of $308,455, for the Union City Boulevard Bike Lanes Project, City Project No. 17-29, for a Total Contract Amount of $1,556,355, and Appropriating $180,000 to the Gas Tax Fund

5.g. Adopt a Resolution Appointing Jenny Aguilar to Serve on the Arts and Culture Commission

5.h. Second Reading and Adoption of an Ordinance for Zoning Text City Council/RSA Agenda 2 Tuesday, September 27, 2022
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.

5.i. Adopt Two Resolutions: 1) Approving an Amendment to the Benefits for the Police Officer Trainee and Police Cadet Positions; and 2) Adopt a Resolution Approving an Amendment to the Classification Plan to Eliminate the Police Reserve and Per Diem Dispatcher Positions and Approving an Amendment to The City’s Compensation and Salary Schedule in
Conformance with California Code of Regulations, Title 2, Section 570.5

6. PUBLIC HEARINGS

6.a. Public Hearing and Adopt a Resolution Approving the 2021- 2022 Community Development Block Grant (CDBG)
Consolidated Annual Performance and Evaluation Report
(CAPER) And Authorizing The City Manager To Submit The
2021-2022 CDBG CAPER to the U.S. Department of Housing
and Urban Development

7. CITY MANAGER REPORTS

7.a. Adopt a Resolution to Support the Designation of Khushab, Pakistan, as a Sister City

7.b. Adopt a Resolution to Review and Adopt the FY 2022/23 – 2026/27 Union City Information Technology Services
Department Five-Year Strategic Roadmap

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

14.a. Conference With Labor Negotiators (Government Code Section 54957.6) Agency designated representative:

Kristopher J. Kokotaylo, City Attorney Unrepresented
employee: City Manager
City Council/RSA Agenda 3 Tuesday, September 27, 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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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 27, 2022
Agenda Item
ATTACHMENTS:

Description Type
Draft Min 09/13/2022 Attachment
City Council/RSA Agenda 6 Tuesday, September 27, 2022

MINUTES

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

1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 7:05 p.m.

1.a. Pledge of Allegiance
Mayor Dutra-Vernaci led the salute to the flag.

1.b. Roll Call Present: Councilmembers Duncan, Singh, Vice Mayor Patiño, Mayor Dutra-Vernaci

Absent: Councilmember Gacoscos

2. UNFINISHED BUSINESS - None

3. PROCLAMATIONS AND PRESENTATIONS

3.a. Proclamation Recognizing September 15, 2022 - October 15, 2022 as Hispanic Heritage Month
Proclamation accepted by Lina Collazo President of the Board for Centro de Servicios.

3.b. Proclamation Honoring Girl Scout Silver Award Recipients Lara Detweiler and Riya Pallikonda of Girl Scout Troop 33812
Proclamation accepted by Lara Detweiler and Riya Pallikonda.

4. ORAL COMMUNICATIONS
Public comment given by Vishv Goyal, Bridget Uzoew, Mary Beth Bykowski and Carlos Valdez.

City Council/RSA Agenda 7 Tuesday, September 27, 2022

5. CONSENT CALENDAR
It was moved by Councilmember Singh and seconded by Vice Mayor Patiño to adopt consent calendar items 5.a. through 5.g. The motion was carried by the following roll call vote:

AYES: Councilmembers Duncan, Singh, Vice Mayor Patiño, Mayor DutraVernaci NOES: None
ABSENT: None
ABSTAIN: None

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. Approved the Minutes of the City Council Meetings Held on August 9, 2022 and August 23, 2022

5.c. Adopted Resolution No. 5997-22 Authorizing the Acceptance and Appropriation 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 Of $3,350, for Fiscal Year 2022-23

5.d. Adopted Resolution No. 5998-22 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. Adopted Resolution No. 5999-22 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. Adopted Resolution No. 6000-22 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. Adopted Resolution No. 6001-22 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 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 Adopted Resolution No. 6002-22 Confirming the Continued Existence of a Local Emergency Due to COVID-19

5.h. Adopted Resolution No. 6003-22 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)
City Council/RSA Agenda 8 Tuesday, September 27, 2022

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 Adoption of a Resolution Amending the “Policy Statement for the Regulation of Seasonal Sales Lots” for Consistency with Zoning Amendments
Associate Planner Brandon DeLucas presented the staff report covering the following:
- Updates related to residential development including regulations for SB 9 developments
- Updates to add Seasonal Sale Lots to CF Zoning District - Update to the Master Fee Schedule to add fees for ministerial review of SB 9 projects
- Related action to update Policy Statement for Regulation of Seasonal Sales Lots to reflect allowance in CF Zoning District
Staff responded to questions from Council. Mayor Dutra-Vernaci opened the public hearing and called for public comment. Being none, Mayor DutraVernaci closed the public hearing. Councilmembers provided additional comment.

It was moved by Vice Mayor Patiño and seconded by Councilmember Duncan to:
1) Introduce Ordinance No. 900-22 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) Adopt Resolution No. 6004-22 Amending the Fiscal Year 22-23 Master Fee Schedule to Add Fees for Review of SB 9 Developments; and 3) Adopt Resolution No. 6005-22 Amending the “Policy Statement for the Regulation of Seasonal Sales Lots” for Consistency with Zoning Amendments
The motion was carried by the following roll call vote:

AYES: Councilmembers Duncan, Singh, Vice Mayor Patiño, Mayor Dutra-Vernaci
NOES: None
ABSENT: None
ABSTAIN: None
City Council/RSA Agenda 9 Tuesday, September 27, 2022

7. CITY MANAGER REPORTS

7.a. Adopt a Resolution to Support the Designation of Khushab, Pakistan, as a Sister City – Item continued to the meeting of September 27, 2022

7.b. Informational Update on the Multi-Family Objective Development Standards Project
Senior Planner Coleman Frick presented the staff report, along with consultant Martha Miller of Miller Planning Associates. Staff responded to questions from Council. Councilmembers provided comment.

The item was informational only and required no further action from Council.

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
Management Analyst II Jonathan Segarra presented the staff report, and provided an status on the Development Impact Fee update and on Project Priorities for Capital Facilities Fee. Phases for the project are:
- Phase 1: Strategy Development (near completion)
- Phase 2: Technical Analysis (six months)
- Phase 3: Nexus Report and Approval (three months)
Staff responded to questions from Council. Councilmembers provided comment. Council agreed that all items given on the “consider retaining/prioritizing” portion of the priority list should be included in the Capital Facilities Fees Project, while keeping the focus on fiscal sustainability and stability. The Gymnasium and Pool Complex and Science Center should be removed. Prioritization of the remaining items will be discussed at future meetings. No further action of the Council was needed.

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 following meetings & events:
- Economic Development Advisory Team (EDAT)
- Waste Management Authority
- StopWaste
- League of California Cities (LOCC) Annual Conference
Councilmember Singh reported on his attendance of the following meetings and events:
- EDAT
- LOCC Annual Conference
- Union City Chamber of Commerce
City Council/RSA Agenda 10 Tuesday, September 27, 2022
Councilmember Duncan reported on her attendance of the Legislative and Policy Committee meeting.

Mayor Dutra-Vernaci reported on her attendance of meetings held by the Metropolitan Transportation Commission, and the Alameda County Transportation Commission’s Programs and Projects Subcommittee. Mayor Dutra-Vernaci stated she will attend the Alameda County Mayors Conference on September 14.

13. GOOD OF THE ORDER
Councilmember Singh reported the return of unpermitted street vendors that barbeque.

Councilmember Duncan thanked staff for making progress towards the items that she had brought up in a previous good of the order.

Councilmember Duncan also expressed concerns about the unpermitted barbeque vendors, as some of them are cooking near dry vegetation.

Mayor Dutra-Vernaci made requests for the Oath of Office to be emailed to her and to have a discussion with the IT Director following the meeting. .

14. CLOSED SESSION – None

15. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 9:20 p.m.

Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 11 Tuesday, September 27, 2022
Agenda Item
DATE: 9/27/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION TO OPEN THE PROCESS FOR ACCEPTING

APPLICATIONS FOR COMMERCIAL CANNABIS PERMITS AND

APPROVING THE PROCEDURES TO GOVERN THE MANNER IN

WHICH THE CITY COUNCIL WILL DETERMINE THE MOST

QUALIFIED APPLICANT(S) TO RECEIVE THE PERMIT(S)
Staff recommends that the City Council adopt a resolution to open the process, effective October 27, 2022, for accepting applications for commercial cannabis permits and approving the procedures to govern the manner in which the City Council will determine the most qualified applicant(s) to receive the permit(s).

Staff is concurrently preparing and processing a zoning text amendment to allow retail cannabis uses in Neighborhood Commercial (CN), Community Commercial (CC), Professional and Administrative Commercial (CPA) and Visitor and Recreational Commercial (CVR) Districts.

This proposed amendment will be considered by the Planning Commission and City Council at future meetings in advance of the deadline for submitting cannabis permit applications.

STRATEGIC PLAN ALIGNMENT
GoalA: Financial Stability and Sustainability
Strategy 5: Implement the City’s cannabis program to attain the anticipated $1.4 million in new revenue with a commitment to adopting where necessary in light of evolving Statewide trends.

BACKGROUND
The City Counciladopted Chapter 5.44 of the Union City Municipal Code (“UCMC”) on November 14, 2017, that established the regulatory framework for commercialcannabis operators within the City. The City Councilconcurrently adopted Resolution 5144-17, that set the number of permits that could be awarded for City Council/RSA Agenda 12 Tuesday, September 27, 2022
each type of cannabis business specifically:
• Three cultivation permits
• Three manufacturing permits
• Three distribution permits
• Three retail permits
• Three testing permits.

Two retail businesses opened since the adoption of the Cannabis Ordinance.

The City Counciladopted Resolution 5736-21, on February 23, 2021, to award Flor East Bay LLC, a cannabis retail permit to operate a storefront located at 3100 Courthouse Drive, Union Landing. Flor East Bay, LLC opened the retail shop June 21, 2021.

Flor East Bay, LLC was the third retailcannabis business to receive a permit from the City Counciland the first cannabis business to open. The commercial retail location required minimal tenant improvements and minimal site work were needed to open the business.

Jiva Life, LLC completed a process to change locations for its retail business, and the City Counciladopted Resolution 5564-20 to award Jiva Life, LLC a cannabis retail permit to open a storefront located at 30545 and 30547 Union City Boulevard on February 11, 2020. Resolution 5564-20 also authorized Jiva Life, LLC to transfer the cannabis permit to Jiva UC, LLC pending background checks and approval of the City Manager.

Jiva UC, LLC partnered with Lemonnade/Cookies and opened its business on May 25, 2022. The Jiva Life/Lemonnade store is located in an industrial location. The location required major site improvements to provide parking, drainage, landscaping, and improved pedestrian access.

The City Counciladopted Resolution 5420-18, November 27, 2018, and awarded Eden Campus Holdings, LLC cannabis permits for retail, cultivation, manufacturing, distribution, and retail, located at 30540 Union City Boulevard. On September 7, 2022, Eden Campus Holdings LLC notified the City that it was voluntarily relinquishing its four cannabis permits. Eden Campus Holding, LLC’s decision to relinquish its four cannabis permits, creates the opportunity to solicit applications for the one remaining retail permit, and the 3 each remaining cultivation, manufacturing, and distribution, as wellas the 3 testing permits.

Two other cannabis applicants have previously received City Council Resolutions Declaring Intent to Award a Cannabis Permit, but the applicants never submitted the required documentation to demonstrate to the City Council that permits should be awarded.

The Flor East Bay LLC, retail store in Union Landing demonstrated that commercial retail locations are best equipped to provide a storefront for cannabis retail businesses. Once the City Councilapproved the retail cannabis permit for Flor East Bay, LLC, the business was able to open the store within three months, which was much less time than other cannabis retail permits in Union City. Commercialcenters are able to accommodate retailcannabis more easily than industrialareas because the retail infrastructure already exists and minimal site improvements and tenant improvements may be needed Hence staff is going to be preparing a zoning text amendment for Planning Commission and, subsequently for City Councilconsideration to allow retailcannabis to operate in additionalcommercialzones.

DISCUSSION
Staff is working with the City Attorney to prepare a zoning text amendment to allow retail cannabis uses in Neighborhood Commercial (CN), Community Commercial (CC), Professional and Administrative Commercial (CPA) and Visitor and Recreational Commercial (CVR) Districts. The proposed cannabis City Council/RSA Agenda 13 Tuesday, September 27, 2022
application process would specify that the cannabis retail permit would need be located east of I-880 to provide for geographical distribution of the cannabis retail permits in Union City. Requirements would remain in place for specified distances form schools and business/activity centers that cater to children.

The City Council authorized staff to partner with HdL Companies through the Fourth Amendment to the Consulting Services Agreement Between the City of Union City and HdL Companies, effective April 12, 2022, to prepare the application and to assist with the review and scoring of applications.

The application period would be October 27, 2022, through January 9, 2023. Applications would not be due untilafter the effective date of any zoning text amendment that the Planning Commission and City Council have had an opportunity to consider. The October 27, 2022, cannabis application is similar to the requirements specified by the City Council in prior cannabis application cycles. There will be four phases in the application process.

Phase One
Applicants must include the following in its application:
• Prepay the $10,425 application fee, which includes four phases of review. Applicants that do not participate in all four phases of review will receive a partial refund for the phases in which they did not participate.
• All partners must complete a background check and Live Scan with final evaluation by the Union City Police Department.
• Proposed location and zoning verification letter
• Executed lease or proof of property ownership for site location • Business and Development Plan (kept confidential)
• Labor and Employment Plan
• Safety Plan
• Security Plan (kept confidential)
• Neighborhood Plan
• Community Benefits Plan
• Qualification of Owners
• Location and status of each cannabis permit held by applicant HdL Companies will review all applications for completeness and pass the Background Check. Incomplete applications do not proceed to Phase Two.

Phase Two
HdL Companies will score each application.
• Business and Development Plan – 600 points
• Labor and Employment Plan – 300 points
• Safety Plan – 100 points
• Security Plan – 300 points
• Neighborhood Plan – 300 points
• Community Benefits Plan – 200 points
• Qualifications of Owners – 300 points
Applicants must receive a score of 90 percent or higher to proceed to Phase 3.

City Council/RSA Agenda 14 Tuesday, September 27, 2022
Phase Three
Senior City staff, representing the City Manager’s Office, Finance Department, Economic and Community Development, and Union City Police Department will conduct detailed interviews with all applicants that received a qualifying score from HdL Companies. After the applicant interviews, senior City staff will make a recommendation to the City Manager on the most qualified applicant.

Phase Four
The City Manager will review the recommendation from City staff and make a recommendation to the City Council.

City CouncilAction
At a Noticed Public Hearing, the City Council will consider the City Manager’s recommendation and determine if the City Council should declare its Intent to Award a Permit to the most qualified candidate.

If the City Counciladopts a resolution Declaring its Intent to Award a Permit, the applicant will submit detailed development plans to Economic and Community Development who will prepare Conditions of Approval for Award of Permit.

At a second Noticed Hearing the City Council will consider adoption of a Resolution Awarding a Permit with Conditions of Approval.

FISCAL IMPACT
The preparation of the Zoning Text Amendment by the City Attorney will be financed from the City Manager Account 1110-1201-12001-54111.

RECOMMENDATION
Staff recommends that the City Counciladopt a resolution to open the process, effective October 27, 2022, for accepting applications for commercialcannabis permits and approving the procedures to govern the manner in which the City Council will determine the most qualified applicant(s) to receive the permit(s) Prepared by:

Mark Evanoff, Deputy City Manager
Submitted by:

Mark Evanoff, Deputy City Manager
ATTACHMENTS:

Description Type
Cannabis Application Resolution Resolution
Exhibit A: Cannabis Application - October 27, 2022 Exhibit City Council/RSA Agenda 15 Tuesday, September 27, 2022
City Council/RSA Agenda 16 Tuesday, September 27, 2022
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

TO OPEN THE PROCESS FOR ACCEPTING APPLICATIONS FOR

COMMERCIAL CANNABIS PERMITS AND APPROVING THE PROCEDURES

TO GOVERN THE MANNER IN WHICH THE CITY COUNCIL WILL DETERMINE

THE MOST QUALIFIED APPLICANT(S) TO RECEIVE THE PERMIT(S) WHEREAS, on November 14, 2017, the City Council adopted Ordinance No. 845-17 which, among other things, established a permitting process for approval of commercial cannabis operators in the City of Union City; and
WHEREAS, on November 14, 2017, the City Council adopted Resolution No. 5144-17, which allowed for up to three commercial cannabis permits in each of the following categories:
cultivation, manufacturing, distribution, testing, and medicinal retail; and WHEREAS, on February 11, 2020, the City Council adopted Resolution No. 5564-20 awarding Jiva Life, LLC a cannabis retail permit; and
WHEREAS, on March 23, 2021, the City Council adopted Resolution No. 5736-21 awarding Flor East Bay, LLC a cannabis retail permit; and WHEREAS, on November 27, 2018, the City Council adopted Resolution No. 5420-18 awarding Eden Campus Holdings, LLC four cannabis permits: cultivation, manufacturing, distribution, and retail; and
WHEREAS, Eden Campus Holdings, LLC notified the City on September 7, 2022 that it was relinquishing its four cannabis permits; and
WHEREAS, pursuant to Union City Municipal Code (“UCMC”) Section 5.44.030(D)(2), the City Council may, in its sole discretion, adopt a resolution to open the process for accepting applications for commercial cannabis permit(s) and adopt the procedures to govern the application process and the manner in which the City Council will determine the most qualified applicant to receive the permit(s); and
WHEREAS, the City Council desires, upon October 27, 2022, to open the process for accepting applications for commercial cannabis permit(s) for the commercial cannabis types permitted pursuant to Resolution No. 5144-17, to the extent such permits are available, and adopt the procedures to govern the application process and the manner in which the City Council will determine the most qualified applicant to receive the permit(s); and WHEREAS, operators desiring to obtain a commercial cannabis permit within the City are required to comply with the selection and award process identified in this Resolution; and WHEREAS, this Resolution does not require or obligate the City Council to award or issue any commercial cannabis permits following the application process even if the City Council determines that an applicant or applicants are qualified to receive the permit(s).

City Council/RSA Agenda 17 Tuesday, September 27, 2022
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City, effective October 27, 2022, opens the process for accepting applications for commercial cannabis permit(s), to the extent such permit(s) are available, for the commercial cannabis types permitted pursuant to Resolution No. 5144-17.

BE IT FURTHER RESOLVED that the City Council adopts the procedures to govern the application process and the manner in which the City Council will determine the most qualified applicant(s) to receive the permit(s) as identified in Exhibit A to this Resolution.

City Council/RSA Agenda 18 Tuesday, September 27, 2022
OCTOBER 27, 2022

APPLICATION PROCEDURES TO OPERATE A

COMMERCIAL CANNABIS BUSINESS IN UNION CITY
The City of Union City is seeking qualified applicants to apply for commercial cannabis permits. Applicants must abide by requirements laid out in this procedure and in Union City Municipal Code (“UCMC”) Chapter 5.44, Cannabis, Chapter 3.24, Cannabis Business Tax, and applicable sections of Title 18, Zoning.

The City is seeking to award up to one permit for a retail store, three permits for cultivation, three permits for manufacturing, three permits for distribution, and three testing lab permits. Please be advised that the City Council has already awarded two retail store permits.

This will be a competitive, merit-based, application process. Only one license type may be sought per application.

Applicants who submitted a prior application for a commercial cannabis permit and were not awarded a permit by the City are invited to reapply.

Applicants should be prepared to address neighborhood concerns and plan accordingly on conducting early outreach to neighboring businesses in advance of the application submission.

The application process to obtain a permit to operate a Commercial Cannabis Use (“CCU”) in Union City will open on October 27, 2022.

Applicants are invited to participate in a pre-application meeting via Zoom on Wednesday, November 2, 2022, 11:00 A.M. to 12:00 P.M. This will be the only opportunity to discuss the application process with City staff.

Login Meeting:
https://unioncity-org.zoom.us/j/8472100396?pwd=VkYvZjJhQzhPSWFYMlZQUFMrMStaUT09 Meeting ID: 847 210 0396
Passcode: 71Y*FAb?
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City Council/RSA Agenda 19 Tuesday, September 27, 2022
City of Union City Cannabis Applications
October 27, 2022 – January 9, 2023
Page | 2

BEFORE YOU APPLY

REVIEW ALL MATERIALS IN ADVANCE
Review the application materials in their entirety and Union City’s Cannabis Ordinance, UCMC Chapter 5.44, before filling out the application and submitting the required documentation.

Due to COVID-19 each applicant as part of Phase 1 will be required to pay the total fee of $10,425.00 for all four phases of the application process with the submittal of their application. For each phase in which the applicant does not participate the City will refund the balance to the applicant.

The City webpage, https://www.unioncity.org/402/Commercial-CannabisRegulations-and-Prog includes the cannabis permit application and the following information:

1. Local regulations governing Union City CCU’s: UCMC Chapter 5.44.

2. Background Authorization Form

3. LiveScan Form

4. Zoning Verification Letter Application

5. UCMC Chapter 18.117

6. Zoning Map identifying MS, ML, CC, CPA, CVR and CN Districts

7. Sensitive Use Map

OBTAIN A ZONING VERIFICATION LETTER
Pursuant to UCMC section 5.44.030(D)(6)(e), applicants are required to obtain a Zoning Verification Letter—Cannabis from the Economic & Community Development Department to ensure that the location proposed by the applicant complies with Title 18 of the UCMC prior to submitting the CCU application. Applicants requesting a Zoning Verification Letter are required to fill out and submit a Zoning Verification Letter Application. Include the address of the proposed business location and a check payable to the City of Union City in the amount of $341.00 with the written request for a Zoning Verification Letter. The zoning review process typically takes approximately ten (10) working days. Be sure to plan adequate time to obtain the Zoning Verification Letter prior to submitting the permit application form. Applications without a Zoning Verification Letter confirming that the proposed location complies with Title 18 of the UCMC will be rejected. Please note that the Zoning Verification Letter does not address proximity of sensitive uses, which is the responsibility of the applicant to determine. Zoning Verification Letter applications and required payment can be mailed to the address below or can be dropped off to the Planning Division during business hours Monday through Thursday from 9:00 am to 2:00 pm.

City Council/RSA Agenda 20 Tuesday, September 27, 2022
City of Union City Cannabis Applications
October 27, 2022 – January 9, 2023
Page | 3
City of Union City
Attn. Planning Division
34009 Alvarado-Niles Road
Union City, Ca 94587
The issuance of a Zoning Verification Letter does not constitute permission from the City of Union City or any of its officials to operate a CCU, nor does it constitute a “permit” within the meaning of the Permit Streamlining Act, nor does it constitute an entitlement under the Zoning Ordinance or Building Code.

COMPLETE A BACKGROUND CHECK
Completion of both a Background Check and Live/Scan is required for each owner and investor named in the application.

The background application form and fee of $300 will be transmitted to HdL Companies via the Portal when the application is processed
https://hdlcompanies.formstack.com/forms/bc_unioncity
Complete the Live Scan Form for each owner and investor. If you complete a Live Scan with another jurisdiction, be sure to include the name of the cannabis applicant with the Live Scan Form. Please Fax the completed Live Scan Form for each owner and investor to Jorge Solorzano, Union City Police Department (510) 471-5974. The Live Scan fee is $198.00 for each owner/investor.

Applicants that advance to Phase 3 may update or modify the names of the owners and investors listed in the original application. In addition, any new investor or owner will be required to complete a Live Scan and Background Check prior to the Phase 3 interview.

INDEMNIFICATION
To the maximum extent permitted by law, any selected operators shall be required to defend (with counsel acceptable to the City), indemnify and hold harmless the City and its respective officials, officers, employees, representatives, agents and volunteers from any liability, damages, actions, claims, demands, litigation, loss (direct or indirect), causes of action, proceedings, or judgment (including legal costs, attorneys’ fees, expert witness or consultant fees, City Attorney or staff time, expenses or costs) against the City to attack, set aside, void or annual, any cannabis-related approvals and actions and strictly comply with the conditions under which such permit is granted, if any. The City may elect, in its sole discretion, to participate in the defense of said action and the operator shall reimburse the City for its reasonable legal costs and attorneys’ fees.

City Council/RSA Agenda 21 Tuesday, September 27, 2022
City of Union City Cannabis Applications
October 27, 2022 – January 9, 2023
Page | 4

REQUIRED MATERIALS AT THE TIME OF SUBMISSION
The application must be submitted via the City online application portal. The online application portal will be available October 27, 2023. You will first need to create an account with a unique email address and password. Please note that the email address listed for the 24/7 Primary Contact person will receive the email notification indicating that the application has been received.

The online application allows you to start, stop and save your work, allowing you to complete your application over days or weeks. Submissions will be accepted only from October 27, 2022, through January 9, 2023. Late applications will be rejected.

All components of the application shall be submitted through the online process. More detailed instructions for the submittal requirements are provided on the Application FAQs, which can be found at https://www.unioncity.org/402/Commercial-CannabisRegulations-and-Prog All application submissions for Phase 1 shall include the following at the time of submission:

1. Payment submitted for Phase 1, Phase 2, Phase 3, and Phase 4 review totaling $10,425.00.

2. Zoning Verification Letter with proposed business location listed.

3. Complete the entire application form and submit documentation for the following:
a) Proposed Location
b) Business Plan
c) Development Plan
d) Labor and Employment Plan
e) Safety Plan
f) Security Plan
g) Neighborhood Plan
h) Community Benefits Plan
i) Qualification of Owners
j) List location and status of each cannabis permit held by applicant located in California. Include date each permit was awarded and the date the business opened for each permit. k) Proof of property ownership or the Executed Lease signed by the property owner or authorized agent for the proposed business use.

All plans and descriptions submitted with the application must include information required by, and abide by, the UCMC including the requirements of UCMC

5.44.030(D)(6). Please note the criteria for plans and descriptions.

City Council/RSA Agenda 22 Tuesday, September 27, 2022
City of Union City Cannabis Applications
October 27, 2022 – January 9, 2023
Page | 5
In order to move onto Phase 2, applicants must have achieved two requirements:

1. Submitted a fully completed application by the due date with all of the required materials.

2. All owners and investors named in the application have passed a background check by the Union City Police Department.

REQUIRED APPLICATION PLANS AND DESCRIPTIONS

PROPOSED LOCATION
Your application must include the address and a detailed description of the proposed location. The CCU must be located in an allowed zoning district, which includes Light Industrial (ML) and Special Industrial (MS). Click here for a link to the City’s Zoning Map. Please note that the City is proposing to allow retail cannabis uses in the following commercial zoning districts including:

Community Commercial (CC), Neighborhood Commercial (CN), Visitor and Recreational Commercial (CVR) and Professional and Administrative Commercial (CPA) through an amendment to the Zoning Ordinance. If a retail cannabis permit is proposed in these zoning districts prior to the effective date of the amendment, a conditional zoning verification letter will be issued subject to adoption of the proposed Ordinance by the City Council and completion of the 30-day enactment period. It is anticipated that the City Council will adopt the Ordinance in late November, and it will be in effect in late December.

Proposed location shall meet all the distance requirements of UCMC Chapter

5.44.040(E)(3), UCMC Chapter 5.44.050(E), and UCMC Chapter 5.44.060(C) for sensitive uses. These sections require a minimum of 100-foot setback from sensitive uses, which include parks, library, K-12 schools, child-care facility and youth-oriented centers. See “Sensitive Uses” map for locations of these uses within the City. Please note that the City makes no warranty, representation or guaranty as to accuracy or completeness of the information provided. The map has been provided as a courtesy and it is recommended that the applicant also perform their own analysis regarding setbacks to sensitive uses.

The distance requirements may be waived or modified by the City Council when the applicant can show that an actual physical separation exists between land uses or parcels such that no off-site impacts could occur, unless otherwise prohibited under State law.

City Council/RSA Agenda 23 Tuesday, September 27, 2022
City of Union City Cannabis Applications
October 27, 2022 – January 9, 2023
Page | 6

BUSINESS AND DEVELOPMENT PLAN
With as much detail as possible, the Business Plan should describe:

1. Owner qualifications. Resumes/CV are not to exceed one (1) page per owner.

2. A budget for construction, operation, and maintenance, compensation of employees.

3. Equipment costs, utility cost, and other operation costs.

4. Proof of capitalization.

5. A pro forma for at least three years of operation.

6. Fully describe hours of operation and opening and closing procedures.

7. Fully describe the day-to-day operations for each license type being sought.

Additional criteria for RETAIL applications only:

1. Describe customer check-in procedures.

2. Identify procedures for receiving deliveries during business hours.

3. Identify estimated number of customers to be served per hour/day.

4. Describe the proposed product line and estimate the percentage of sales of flower and manufactured products.

5. Describe delivery service procedures, number of vehicles and product security during transportation.

6. Fully describe inventory control procedures during business hours

7. Fully describe how all on-hand inventory in the Retail Area will be stored/secured during non-business. Preference given to applicants that secure all product during non-business hours.

8. Identify the point-of-sales and track and trace software. Include in your response the number of sales terminals to be used when the business is at full capacity.

9. Fully describe cash handling procedures from the point of sales through the bank deposit.

10. Union City is seeking geographic diversity in retail locations. Preference provided to locations east of I-880.

11. Minimize impacts on neighboring uses.

12. Union City is seeking timely opening of the retail store.

Additional criteria for TESTING applications only:

1. Describe the sampling standard operating procedures.

2. Describe procedures for transporting cannabis field samples.

3. Describe the chain of custody for field samples.

4. Describe the quality control procedures.

5. Describe the Laboratory Supervisor/Manager responsibilities and qualifications.

City Council/RSA Agenda 24 Tuesday, September 27, 2022
City of Union City Cannabis Applications
October 27, 2022 – January 9, 2023
Page | 7

6. Identify location and procedures for storing cannabis products.

7. Fully describe cash handling procedures.

Additional criteria for DISTRIBUTION applications only:

1. Identify the number of delivery drivers, hours of delivery and vehicles to be used.

2. Describe the transportation security procedures.

3. Describe how inventory will be received, processed, stored and secured on the licensed premises.

4. Describe the quality control procedures designed to ensure all cannabis is proper packaged, labeled and tested.

5. Fully describe cash handling procedures.

6. Minimize impacts on neighboring uses.

Additional criteria for MANUFACTURING applications only:

1. Identify all cannabis products manufactured within the licensed premises.

2. Describe quality control procedures.

3. Describe inventory control procedures.

4. Describe the extraction process, equipment and room in which extractions will be conducted.

5. Provide detail as to whether the extraction equipment has been reviewed and certified by a Professional Engineer or Certified Industrial Hygienist.

6. Describe the sanitation procedures.

7. Fully describe cash handling procedures.

8. Minimize impacts on neighboring uses.

Additional criteria for CULTIVATION applications only:

1. Premises Diagram of the proposed licensed premises. Premises diagram requirements differ based on the license type. Each diagram must include information regarding specific areas listed on page #7 of the CDFA Annual Cannabis Cultivation Licenses, A Reference Guide for the Cultivation Plan.

2. Identify location and procedures for receiving deliveries of seedlings and immature plants.

3. Describe the planned square footage/acreage of the cultivation.

4. The estimated number of pounds produced per harvest, and number of anticipated harvests per year.

5. Describe whether the cultivation operation will use natural light, artificial light, or mixed light.

6. Identify how cultivation waste will be rendered unusable and unrecognizable, City Council/RSA Agenda 25 Tuesday, September 27, 2022
City of Union City Cannabis Applications
October 27, 2022 – January 9, 2023
Page | 8
and how it will be stored and disposed of.

7. Describe the use of any gases used in the cultivation operation, such as CO2, including storage, location, and monitoring systems for employee safety.

8. Minimize impacts on neighboring uses.

Development Plan
Development Plans shall be submitted for the proposed location that address the provisions listed in UCMC 5.44.030(D)(6)(l-n). In addition, plans shall address how the site will be utilized, include any necessary improvements, address deferred site maintenance issues, and mitigate potential impacts on the surrounding community.

Development Plans shall be to scale and include: a vicinity map of the surrounding area; a dimensioned site plan that includes at a minimum: property lines, adjacent properties and businesses, parking and access layout, and all existing and proposed structures; and dimensioned floor plan. Describe in detail the timeframe for completing all improvements and the estimated cost for all improvements. Preference will be provided to applicants that demonstrate the ability to open the business in a timely manner.

LABOR AND EMPLOYMENT PLAN

1. Describe whether the Commercial Cannabis Business is committed to offering employees a Living Wage.
(“Living Wage” shall mean 150% of the minimum wage mandated by California. Refer to: https://livingwage.mit.edu/counties/06001).

2. Describe compensation to and opportunities for continuing education and employee training.

3. Describe the number of employees, title/position and their respected responsibilities.

4. Thoroughly describe employee policies and procedures (complete manuals are not required to be submitted).

5. If the Commercial Cannabis Business has twenty (20) or more non-supervisory employees, the applicant must attest that they are committed to or have entered into a labor peace agreement and will abide by its terms.

6. Describe to what extent the business will be a locally managed enterprise whose Owners reside within Union City and/or the County of Alameda.

City Council/RSA Agenda 26 Tuesday, September 27, 2022
City of Union City Cannabis Applications
October 27, 2022 – January 9, 2023
Page | 9

SAFETY PLAN
A thorough Safety Plan should consider all possible fire, medical and hazardous situations. (Complete policy/procedures manuals are not required at this point of the application process. Please only provide a detailed description for each criteria).

1. The Safety Plan shall be prepared by a professional fire prevention and suppression consultant (Qualified in-house consultants are acceptable. In order to received full points, the consultant’s qualifications must be included in the application.)

2. Identify all gases and/or chemicals to be used

3. Describe accident and incident reporting procedures

4. Describe evacuation routes

5. Describe procedures and training for all fire and medical emergencies

6. Describe and identify the location of all gas monitoring equipment To the extent the applicant intends to use any hazardous materials in its operations, this plan shall include information required pursuant to UCMC 5.44.030(D)(6)(i).

SECURITY PLAN
A detailed security plan should include:

1. The Security Plan shall be prepared by a professional security consultant (Qualified in-house consultants are acceptable. In order to receive full points, the consultant’s qualifications must be included in the application.)

2. A description and detailed schematic of the overall facility security. It should have details on operational security, including but not limited to general security policies for the facility, employee specific policies, training, sample written policies, transactional security, visitor security, third-party contractor security, and delivery security.

3. Discuss if on-site security guards will be utilized including number of guards, hours the guards will be on-site, locations guards will be posted, and roles and responsibilities of the guards.

4. Address ingress and egress access, perimeter security, product security (at all hours), internal security measures for access (area specific), types of security systems (alarms and cameras), and security personnel to be employed.

5. A floor plan showing the existing conditions. If changes are proposed as part of the project, then a proposed floor plan should also be submitted.

The floor plan(s) should be accurate, dimensioned and to-scale.

City Council/RSA Agenda 27 Tuesday, September 27, 2022
City of Union City Cannabis Applications
October 27, 2022 – January 9, 2023
Page | 10

THE SECURITY PLAN MUST COMPLY WITH THE REQUIREMENTS OF UCMC SECTION 5.44.030(J). SECURITY PLANS WILL NOT BE MADE PUBLIC UNLESS REQUIRED UNDER APPLICABLE LAW.

NEIGHBORHOOD PLAN

1. Describe how the CCB will take proactive steps to avoid becoming a nuisance or having negative impacts on its neighbors or surrounding community.

Additionally, describe how the business will react and respond to complaints specifically related to noise, light, odor, public consumption, loitering, littering, and vehicle and pedestrian traffic.

2. Describe the waste management, recycling plan, and composing of organic materials plan. Describe cannabis waste disposal security measures, methods of rendering all cannabis waste product, damaged product, and expired product unusable and unrecognizable, and method of disposal.

3. Describe any proposed “green” business practices relating to energy and climate, water conservation, greenhouse gas emissions pursuant to UCMC 5.44.030(D) (6)(h).

Please note you may need separate authorization from Alameda County Water District and Union Sanitary District regarding adequate water supply and waste treatment for the proposed use pursuant to UCMC 5.44.030(D)(6)(j-k).

4. Describe Air Quality/Odor Mitigation practices including potential sources of odor and/or odor activities; and describe odor control devices and techniques to ensure that odors from cannabis are not detectable beyond the licensed premises (Please note: odor mitigation practices should be relative to the type of license being sought).

5. Describe odor control related to maintenance activities, frequency and role/titles of personnel performing such activities.

6. Describe administrative controls such as staff training procedures and record keeping systems and forms associated with odor control.

COMMUNITY BENEFITS PLAN
The application should describe all benefits the Commercial Cannabis Business and/or their owners and investors will provide to Union City annually after the City Council adopts a resolution awarding the permit. Benefits may be in the form of financial support of Union City sponsored activities, programs, and organizations identified by the City; and in-kind donations to Union City and non-profit organizations and/or programs identified by the City.

QUALIFICATIONS OF OWNERS
City Council/RSA Agenda 28 Tuesday, September 27, 2022
City of Union City Cannabis Applications
October 27, 2022 – January 9, 2023
Page | 11
In addition to the one (1) page resume/CV per owner;/investor, all applicants, directors, managers and/or laboratory supervisors must provide details regarding any experience they have in operating a retail establishment, a regulated business, or managing employees. If you have any experience operating a cannabis business, please provide the location of such activity and a copy of any permits, licenses, or other written forms of permission for such activity by a local or state government entity.

Has the Applicant or any of its owners been the subject of any administrative action, including but not limited to suspension, denial, or revocation of a cannabis business license at any time during the past five (5) years? If so, please list and explain:

APPLICATION CALENDAR AND APPLICATION REVIEW PROCESS
The application will be available on-line October 27, 2022, at https://www.unioncity.org/402/Commercial-Cannabis-Regulations-and-Prog Applications will be accepted only online between Thursday, October 27, 2022, through Monday, January 9, 2023. The Application Due Date is Monday, January 9, 2023, 5:00 P.M. Pacific Standard Time.

PHASE 1: EVALUATION OF APPLICATION FOR COMPLETENESS BY

THE CONSULTANT TEAM
Phase 1: January 10, 2023, through January 20, 2023 (nine business days) PHASE 2: EVALUATION AND RANKING BY CONSULTANT TEAM
Phase 2: January 23, 2023, through February 24, 2023 (twenty-four business days) Applicants who pass Phase 1 by submitting all necessary and required information with their application will be eligible to participate in Phase 2.

In this phase, applications will be evaluated by the following criteria for a total of 2,100 points:

1. Business and Development Plan – 600 points

2. Labor and Employment Plan – 300 points

3. Safety Plan – 100 points

4. Security Plan – 300 points

5. Neighborhood Plan – 300 points

6. Community Benefits Plan – 200 points

7. Qualifications of Owners – 300 points
City Council/RSA Agenda 29 Tuesday, September 27, 2022
City of Union City Cannabis Applications
October 27, 2022 – January 9, 2023
Page | 12
Those applicants who score a minimum of 90% by the consultant team will move on to Phase 3 to be evaluated by a City Selection Committee.

PHASE 3: EVALUATION AND RANKING BY CITY SELECTION

COMMITTEE
Phase 3: February 27, 2023 through March 17, 2023 (fifteen business days) All applicants who score at least 90% in Phase 2 will be forwarded to the City Selection Committee who will evaluate and rank the applicants based on the results of an interview process.

The City Selection Committee will conduct structured interviews using the same evaluation criteria considered in Phase 2 above.

Applicants may update owners and investors prior to the Phase 3 interview.

All new owners and investors must complete a Live Scan and Background Check.

The City Selection Committee will forward the results of Phase 3 to the City Manager along with their recommendation on finalists.

PHASE 4: CITY MANAGER RECOMMENDATION, PUBLIC HEARING AND CITY COUNCIL’S INITIAL APPROVAL
Phase 4: Dates determined by the City Manager
The City Manager reserves the right to ask for additional information or implement additional application requirements as he/she sees fit for this phase of the application process.

Applicants on the final list are the only businesses eligible for consideration to be issued a CCU permit.

The City Manager will present to the City Council his/her recommendation on any award(s). Finalists being recommended by the City Manager for consideration to the City Council are required to attend a public hearing before the City Council.

Applicants must have an executed lease to operate the cannabis business at the location listed in the application applied or show proof of ownership before the applicant can be forwarded to the City Council.

The City Council is the final authority on choosing whether or not to make the initial declaration to award a permit.

City Council/RSA Agenda 30 Tuesday, September 27, 2022
City of Union City Cannabis Applications
October 27, 2022 – January 9, 2023
Page | 13
Applicants who receive a Resolution of Intent to Award a Permit will have six months to secure a Resolution Awarding a Cannabis Permit. This process entails submittal of a Site Development Review or Administrative Site Development Review (depending on extent of proposed improvements) to the Planning Division for consideration by the City Council along with the Cannabis Permit. Fees for these applications can be found in the City’s Master Fee Schedule. Applicants who receive a permit will have one year to pull building permits to construct improvements required to activate the Cannabis Permit.

PAYMENT OF APPLICATION FEES
Payments must be made by a certified check, cashier’s check, money order payable to the City of Union City or credit card. There is a 2.25% convenience fee added to all credit card payments over $2,500.00.

Applicants are required to pay the application fees for all four phases totaling $10,425.00. Applicants who do not advance to Phases 2, 3, or 4 will be provided refunds for the application fees for the phase(s) in which they did not participate as noted below.
a. Phase 1: Preliminary determination of eligibility $4,529.00 b. Phase 2: Evaluation and ranking by consultant team $1,800.00 c. Phase 3: Evaluation and ranking by City Selection Committee $1,785.00 plus the Live/Scan Fee for each owner and investor.
d. Phase 4: City Manager evaluation and recommendation $2,311.00 In addition to the Phase 1-4 application fees, the following non-refundable fees will also need to be paid prior to submitting the application.
a. Criminal History Check, $300.00 paid to HdL Companies for each owner and investor listed in the application.
b. Life Scan Fee $198.00 per owner and investor listed in the application. c. Zoning Verification Letter $310.00
The individual designated as the CCU contact on the application will be notified by email as to whether the application is advancing to Phase 2, Phase 3, and Phase 4.

AMENDMENTS TO THE APPLICATION
City Council/RSA Agenda 31 Tuesday, September 27, 2022
City of Union City Cannabis Applications
October 27, 2022 – January 9, 2023
Page | 14
Applicants will not be allowed to make amendments to their application or to supplement their application, except as otherwise specifically permitted in these procedures or as authorized in writing by the City Manager or his/her designee. During Phase 1, applicants will be notified if any of the Owners are ineligible and/or if their application is incomplete and will not move forward in the application process.

LAND USE ENTITLEMENTS
Please note that being awarded a CCU does not constitute a land use entitlement and does not waive or remove the requirements of applying for and receiving permits for all construction including electrical, plumbing, fire, planning permits or reviews, and any other permits, licenses, or reviews as may be necessary by the relevant departments or governmental entities in charge of said permits. Nor does it guarantee that the plans submitted via the CCU application process meet the standards or requirements in Title 18 and any other permit requirements from other city departments or agencies. Furthermore, a commercial cannabis permit does not constitute a permit that runs with the land on which the CCU is established.

CEQA AND CONDITIONS OF OPERATIONS
Award of Cannabis Permit is subject to the California Environmental Quality Act (“CEQA”). Additional fees will apply for this review, which will be part of the ASD or SD review. Fee amount will depend on extent of CEQA review required.

THE CITY’S RESERVATION OF RIGHTS
The City reserves the right to reject any and/or all proposals, with or without any cause or reason. The City may also, modify, postpone, or cancel the request for permit applications without liability, obligation, or commitment to any party, firm, or organization. In addition, the City reserves the right to request and obtain additional information from any candidate submitting a proposal. Late proposals WILL BE REJECTED. Furthermore, a proposal RISKS BEING REJECTED for any of the following reasons:
a. The application or documents submitted are incomplete, filed late, or not responsive to the requirements of this code.
b. The issuance of the permit or operation of the commercial cannabis business at the proposed location is inconsistent with State law, UCMC Chapter 5.44, or other applicable City of Union City Municipal Codes.

City Council/RSA Agenda 32 Tuesday, September 27, 2022
Agenda Item
DATE: 9/27/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

APPROVE THE THIRD AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT WITH APEX STRATEGIES, IN THE AMOUNT OF $133,000,

FOR TRANSPORTATION STRATEGIES SUPPORT FOR THE QUARRY
LAKES PARKWAY PROJECT, CITY PROJECT NO. 18-04, FOR A TOTAL CONTRACT AMOUNT OF $350,350, AND APPROPRIATING $113,000 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 Third Amendment to the Consulting Services Agreement with Apex Strategies, in the amount of $133,000, for transportation strategies support for the Quarry Lakes Parkway Project, City Project No. 18-04, for a total contract amount of $350,350, and appropriating $113,000 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
On January 27, 2020, the City of Union City entered into a Consulting Services Agreement with Apex Strategies, C5412, in the amount of $73,350, for assistance on transportation strategies, including but limited to, conducting stakeholder assessment efforts, oversight of the project website and graphics, coordination with project team members and regional transportation projects and development of project strategic deployment for the Quarry Lakes Parkway Project, City Project No. 18-04.

City Council/RSA Agenda 33 Tuesday, September 27, 2022
On September 22, 2020, the City Council adopted Resolution No. 5655-20, approving the First Amendment to the Consulting Services Agreement with Apex Strategies, C5412a, in the amount of $144,000, for a total contract amount of $217,350, to allow for the continued support and assistance on transportation and funding strategies for the Quarry Lakes Parkway Project, City Project No. 18-04.

On February 1, 2022, the City of Union City entered into the Second Amendment to the Contractual Services Agreement, C5412b, with Apex Strategies to extend the “Term of Services” of the Agreement.

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 QLP 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;

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.

Apex Strategies worked with the City to prepare for the Alameda CTC Meeting, and continues to support strategic planning efforts to assist the City in its response to the Alameda CTC resolution requirements that are listed above.

DISCUSSION
Quarry Lakes Parkway (QLP), a new multimodal corridor parallel to Decoto Road, is important backbone infrastructure for localcirculation, access to and from the Union City BART Station, major utilities, and overall storm water treatment and drainage to support the build-out of the Greater 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. The proposed Line M Bypass pipeline extends 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, thus reducing possible flooding downstream, near the Alameda County Flood Control Channel.

Quarry Lakes Parkway was identified in BART’s 2002 Comprehensive Station Plan as major transportation project that will significantly improve access for modes to and from the Union City BART Station. Other transportation projects include the City’s BART Pedestrian At-Grade Crossing, AC Transit’s Dumbarton/Decoto Multimodal Corridor Project, and Metropolitan Transportation Commission’s (MTC) proposed ACE (Altamont Commuter Express) Rail Station and Layover Facility providing a new rail-rail connection for commuters from the Central Valley to the Bay Area at the Union City BART Station.

City Council/RSA Agenda 34 Tuesday, September 27, 2022
On June 24, 2021, the California Transportation Commission (CTC) approved the conveyance of excess Caltrans parcels that were originally reserved for State Route 84 to the City. The property was appraised for $86 million and conveyed to the City to sell for future development. The Quarry Lakes Parkway Phase 2 segment is located within this former Caltrans property and the City is now coordinating Phase 2 with City Ventures, the selected housing developer for the 25-acre site. Proceeds of the 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).

The Third Amendment, in the requested amount of $133,000, if approved, will bring the total contract amount to $350,350, and will allow Apex Strategies to continue to provide assistance on transportation strategies, including but not limited to, conducting stakeholder assessment efforts, oversight of the project website and graphics, coordination with project team members, the City of Fremont, transportation agencies and the Caltrans site developer, including meeting attendance, review of presentations and meeting minutes, and the development of project strategic deployment 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 Third Amendment to the Consulting Services Agreement with Apex Strategies, in the amount of $133,000, will be funded with $20,000 from the Measure BB Streets and Roads Fund (Account Number 2545-3199- 91804-54110) and $113,000 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 supplemental appropriation of $113,000 from the unassigned fund balance in 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 Third Amendment to the Consulting Services Agreement with Apex Strategies, in the amount of $133,000, for transportation strategies support for the Quarry Lakes Parkway Project, City Project No. 18-04, for a total contract amount of $350,350, and appropriating $113,000 from the unassigned fund balance in the SB-1 Fund (Fund 2515).

Prepared by:

Marilou Ayupan, Public Works Director
Submitted by:

City Council/RSA Agenda 35 Tuesday, September 27, 2022
Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment A -Agreement Attachment
Resolution Resolution
City Council/RSA Agenda 36 Tuesday, September 27, 2022
Third Amendment of the Contractual Services Agreement
between City of Union City and Apex Strategies

THIRD AMENDMENT TO THE
CONTRACTUAL SERVICES AGREEMENT (C5412)
THIS THIRD AMENDMENT (the “Third Amendment”) is effective as of this 13th day of September 2022 by and between THE CITY OF UNION CITY, a municipal corporation, (“City”) and Apex Strategies, ("Consultant"), collectively referred to as the "Parties." W I T N E S S E T H:

WHEREAS, on January 27, 2020, the Parties entered into a Contractual Services Agreement (C5412) (“Agreement”) wherein the Consultant will provide the City with consulting services related to facilitating the development, funding, and permitting of the Quarry Lakes Parkway in the amount of $73,350; and
WHEREAS, on October 1, 2020, the Parties entered into a First Amendment to the Agreement (“First Amendment”), C5412a, to extend the term of services, amend the scope of work, and to increase the maximum compensation by $144,000, to a sum not to exceed $217,350; and WHEREAS, on February 1, 2022, the Parties entered into a Second Amendment to the Agreement (“Second Amendment”), C5412b, to extend the term of services to 12/31/2022; and WHEREAS, the Parties desire to further amend the Agreement to extend the term of services, amend the scope of work, and to increase the maximum compensation by $133,000, to a sum not to exceed $350,350; and
WHEREAS, the City and Consultant desire to enter into this Third 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 Third 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 One Hundred Thirty-Three Thousand Dollars ($133,000). The total compensation under the Agreement including this Amendment shall not exceed a total contract amount of Three Hundred Fifty Thousand Three Hundred Fifty Dollars ($350,350). The first sentence shall now read:

City hereby agrees to pay Consultant a sum not to exceed Three Hundred Fifty Thousand Three Hundred Fifty Dollars ($350,350), notwithstanding any contrary City Council/RSA Agenda 37 Tuesday, September 27, 2022
Third Amendment of the Contractual Services Agreement
between City of Union City and Apex Strategies

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 12/31/2023.

4. All other provisions of the Agreement, remain unchanged except as modified by this Third Amendment.

IN WITNESS WHEREOF, the City and the Consultant have executed this Amendment effective as of the date hereinabove written.

THE CITY OF UNION CITY
By
Joan Malloy
City Manager
Attest:
___________________________
Anna M. Brown
City Clerk
Approved as to Form:
____________________________
Kristopher J. Kokotaylo
City Attorney
City Council/RSA Agenda 38 Tuesday, September 27, 2022

EXHIBIT A
Scope of Services
Apex Strategies would provide support and assistance to the City of Union City on transportation issues by message development, coordination of project team members, coordination and facilitation of regional agencies, development of project related strategic deployment plans and development and management of related collateral. The primary project focus will be Quarry Lakes Parkway however, Apex Strategies will support Union City on other Plan Bay Area 2050 priorities including potential support for ACE, Valley Link and other City priorities and projects.

Apex Strategies would:
➢ Develop messages, talking points, FAQs, PowerPoint presentations materials in support of QLP/LATIP/Trails/BART-ACE Station effort and refresh materials as appropriate, up to 64 hours;
➢ Assist with stakeholder outreach in support of the Alameda CTC, MTC, RM3 or CTC meetings where QLP/LATIP or Union City BART Station would be considered, with key stakeholders such as, but not limited to, Fremont, Caltrans, Newark, ACTC, MTC, etc. up to 125 hours;
➢ Support LATIP (former Caltrans) property process as requested up to 50 hours; ➢ Attendance at weekly Project Team Strategy Meetings with City Leadership and review of background materials up to 96 hours
➢ Support City Plan Bay Area 2050 process and priority projects such as ACE, Valley Link, Dumbarton Express etc. as requested, create speaking points, factsheets and other materials as appropriate, up to 75 hours
➢ Assist City team on regional funding requests and coordination, up to 10 hours Budget: 420 hours at $314.40 ($132,048) and $952 in mileage, parking etc.

Total $133,000. Monthly run rate assumed to be about 26 hours a month.

The proposal is based on a time and materials basis and Apex Strategies will only bill the City for time spent on the project. This budget is assumed to cover August 2022 through December 2023 (16 months). Mileage, at the federal reimbursement rate, will be charged. Apex Strategies will bill, at cost plus 10%, any outside graphic support services, if they are utilized.

Apex Strategies is very interested in saving the client money and would be comfortable sharing tasks with the client’s staff or with other consultants’ staff as appropriate.

City Council/RSA Agenda 39 Tuesday, September 27, 2022
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE CITY MANAGER TO APPROVE THE THIRD AMENDMENT TO

THE CONSULTING SERVICES AGREEMENT WITH APEX STRATEGIES, IN THE AMOUNT OF $133,000, FOR TRANSPORTATION STRATEGIES SUPPORT FOR THE QUARRY LAKES PARKWAY PROJECT, CITY PROJECT NO. 18-04, FOR A TOTAL CONTRACT AMOUNT OF $350,350, AND APPROPRIATING $113,000 FROM THE UNASSIGNED FUND BALANCE IN THE SB-1 FUND (FUND 2515) 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 Quarry Lakes Parkway (QLP) Project, a new four-lane multimodal corridor, parallel to Decoto Road between Paseo Padre Parkway in Fremont and Mission Boulevard in Union City, and the Decoto Road Compete Streets Project, the modification of the existing four-lane Decoto Road to a transit priority and multimodal corridor between I-880 and Paseo Padre Parkway 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; and
WHEREAS, QLP also includes Phase 5: Paseo Padre and Trail Connection, which is in both the cities of Union City and Fremont; 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 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
City Council/RSA Agenda 40 Tuesday, September 27, 2022
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 January 27, 2020, the City of Union City entered into a Consulting Services Agreement with Apex Strategies, C5412, in the amount of $73,350, for assistance on transportation strategies, including but not limited to, conducting stakeholder assessment efforts, oversight of the project website and graphics, coordination with project team members and regional transportation projects and development of project strategic deployment for the Quarry Lakes Parkway Project, City Project No. 18-04; and
WHEREAS, on September 22, 2020, the City Council adopted Resolution No. 5655-20, approving the First Amendment to the Consulting Services Agreement with Apex Strategies, C5412a, in the amount of $144,000, for a total contract amount of $217,350, to allow for the continued support and assistance on transportation and funding strategies for the Quarry Lakes Parkway Project, City Project No. 18-04; and
WHEREAS, on February 1, 2022, the City of Union City entered into the Second Amendment to the Consulting Services Agreement with Apex Strategies, C5412b, to extend the “Term of Services” of the Agreement; and
WHEREAS, the Third Amendment to the Consulting Services Agreement with Apex Strategies (“Third Amendment”), in the requested amount of $133,000, if approved, will bring the total contract amount to $350,350, and will allow Apex Strategies to continue to provide assistance on transportation strategies, including but not limited to: conducting stakeholder assessment efforts; oversight of the project website and graphics; coordination with project team members, the City of Fremont, transportation agencies, and the Gateway Site developer (including meeting attendance, review of presentations and meeting minutes); and the development of project strategic deployment 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 Third Amendment to the Consulting Services Agreement with Apex Strategies, in the amount of $133,000, will be funded with $20,000 from the Measure BB Streets and Roads Fund (Account Number 2545-3199-91804-54110) and $113,000 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 hereby authorizes the City Manager to approve the Third Amendment to the Consulting City Council/RSA Agenda 41 Tuesday, September 27, 2022
Services Agreement with Apex Strategies, in the amount of $133,000, for transportation strategies support for the Quarry Lakes Parkway Project, City Project No. 18-04, for a total contract amount of $350,350; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby appropriates $113,000 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 27th day of September 2022, by the following vote:

City Council/RSA Agenda 42 Tuesday, September 27, 2022
Agenda Item
DATE: 9/27/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC, AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

ENTER INTO A CONSULTING SERVICES AGREEMENT, IN A FORM

APPROVED BY THE CITYATTORNEY, BETWEEN THE CITYOF UNION

CITYAND DOUGLAS HERRING & ASSOCIATES FOR PREPARATION OF

ENVIRONMENTAL CLEARANCE DOCUMENTATION FOR A NEW LIFE
SCIENCE CAMPUS LOCATED AT 30300 UNION CITY BOULEVARD IN AN AMOUNT NOT TO EXCEED $113,687
Staff is requesting the City Council adopt the attached Resolution (Attachment 1) authorizing the City Manager to enter into a consulting services agreement with Douglas Herring & Associates (“DHA”) for preparation of environmental clearance documents in conformance with the California Environmental Quality Act (CEQA) for a proposed Life Science campus located at 30300 Union City Boulevard (APN: 483-5-14 and 483-5-7-9) in an amount not to exceed $113,687. See Exhibit A for a detailed scope of work.

STRATEGIC PLAN ALIGNMENT
There is no alignment with the Strategic Plan.

BACKGROUND
An application has been submitted by Woodstock Development, Inc (“Woodstock”) for the demolition of an existing 70,000 square foot manufacturing building on a 12.63-acre site and the development of five buildings totaling 297,000 square feet for a new Life Science campus, which will accommodate research, office, and manufacturing uses located at 30300 Union City Boulevard. Due to the size of the site, the project is ineligible for an exemption under CEQA. The project scope of work (Exhibit A) covers preparation of an Initial Study and Mitigated Negative Declaration.

DISCUSSION
DHA is a qualified firm with extensive experience preparing CEQA documentation for similar projects City Council/RSA Agenda 43 Tuesday, September 27, 2022
around the State. Douglas has prepared CEQA documentation for projects in Union City (e.g., Florence Street Subdivision off of Appian Way, Acacia Creek Retirement Community at Masonic Homes, and the Lazuli Landing Project off of Mission Blvd. between D Street and E Street.) and the Bay Area.

Staff worked with DHA to ensure the scope met the needs of the City including consultant attendance at public hearings, preparation and filing of required CEQA noticing, and a 10 percent contingency to address any issues that may come up during the process.

FISCAL IMPACT
There is no impact to the General Fund. The contract with DHA will be paid for Woodstock. Consistent with the City’s Master Fee Schedule, Woodstock will also be paying the required 64 percent overhead associated with administration of the consultant contract and oversight of the preparation of the environmental documents by City staff.

RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution (Attachment 1) authorizing the City Manager to enter into a consulting services agreement, in a form approved by the City Attorney, with DHA for preparation of environmental clearance documentation for a proposed Life Science campus located at 30300 Union City Boulevard in an amount not to exceed $113,687.

Prepared by:

Brandon H DeLucas, Associate Planner
Submitted by:

Brandon H DeLucas, Associate Planner
ATTACHMENTS:

Description Type
Attachment 1: Draft City Council Resolution Resolution
Exhibit A: Douglas Herring &Associates- Scope of Work Exhibit City Council/RSA Agenda 44 Tuesday, September 27, 2022
Attachment 1
RESOLUTION NO. XXXX-22

RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A

CONSULTING SERVICES AGREEMENT, IN A FORM APPROVED BY THE CITY

ATTORNEY, BETWEEN THE CITY OF UNION CITY AND DOUGLAS HERRING &

ASSOCIATES FOR PREPARATION OF ENVIRONMENTAL CLEARANCE
DOCUMENTATION FOR A NEW LIFE SCIENCE CAMPUS LOCATED AT 30300 UNION CITY BLVD IN AN AMOUNT NOT TO EXCEED $113,687
WHEREAS, the applicant, Woodstock Development, Inc. (“Woodstock”), has submitted a formal application for the demolition of an existing 70,000 square foot manufacturing building on a 12.63-acre site and the development of five buildings totaling 297,000 square feet for a new Life Science campus, which will accommodate research, office, and manufacturing uses located at 30300 Union City Blvd. APN: 483-5-14 and 483-5-7-9); and WHEREAS, staff is bringing on a consultant team, Douglas Herring and Associates (“DHA”), to prepare an Initial Study and Mitigated Negative Declaration for the project, pursuant to the California Environmental Quality Act (CEQA); and WHEREAS, the scope of work, labeled Exhibit A, is attached herein and made a part hereof; and
WHEREAS the scope of work budget is not to exceed $113,687 and will be paid for by Woodstock; and
WHEREAS, Woodstock is also required to pay 64 percent of the contract amount (approximately $72,759) to the City to cover overhead associated with administration of the consultant contract and oversight of the preparation of the environmental documents consistent with the City’s Master Fee Schedule.

NOW THEREFORE, BE IT RESOLVED that the City Council authorize the City Manager to enter into a consulting services agreement, in a form approved by the City Attorney, with DHA for preparation of environmental clearance documentation for a proposed Life Science campus located at 30300 Union City Boulevard in an amount not to exceed $113,687.

City Council/RSA Agenda 45 Tuesday, September 27, 2022
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 46 Tuesday, September 27, 2022
Proposal
to Prepare an Initial Study/
Mitigated Negative Declaration
for the
Woodstock BioTechnology
Campus Project
AUGUST 24, 2022
prepared for the
City of Union City
Economic and Community Development Department
City Council/RSA Agenda 47 Tuesday, September 27, 2022
1331 Linda Vista Drive • El Cerrito, California 94530
Phone: 510-237-2233 • Fax: 510-237-2363 • E-mail: [email protected] August 24, 2022
Derek Farmer, Planning Manager
Economic & Community Development Department
City of Union City
Economic and Community Development Department
34009 Alvarado-Niles Road
Union City, CA 94587
Subject: Proposal for Mitigated Negative Declaration for Woodstock BioTechnology Campus
Dear Derek:

Per your request, herewith is our proposal for Douglas Herring & Associates (DHA) to prepare a Mitigated Negative Declaration (MND) for a proposal by Woodstock Development, Inc. to develop a biotechnology research and manufacturing campus on a 12.63-acre site in the northwest area of the City of Union City. I propose to prepare an Initial Study (IS) to support an MND, in compliance with the California Environmental Quality Act (CEQA).

The campus would be comprised of five one- and two-story light industrial buildings providing 297,000 square feet of floor area along with surface parking for approximately 597 vehicles. The site at 30300 Union City Boulevard is currently occupied by an existing light industrial building in the northwest corner of the site that would be demolished to accommodate the proposed project. The southern portion of the site is currently undeveloped and is covered with ruderal vegetation that is periodically mown.

Due to the nature of the project and its location, there could potentially be adverse impacts to a number of environmental resources, requiring the expertise of technical specialists. Our team includes a number of technical subconsultants, most of whom have extensive project experience in Union City and all of whom have been part of DHA teams many times.

Due to the size of the project, there could be transportation-related impacts from the traffic that would be generated by the project. We have included Hexagon Transportation Consultants to conduct an analysis of these potential effects in accordance with the vehicle miles traveled (VMT) metric that is now required by CEQA.

There would be substantial emissions of criteria air pollutants and greenhouse gases (GHGs) created by the project-generated traffic as well as during construction of the project. The RCH Group has been included to conduct computer modeling of these emissions and to perform a health risk assessment on potential health impacts to neighboring residents located in close proximity to the site.

City Council/RSA Agenda 48 Tuesday, September 27, 2022
Woodstock BioTechnology Campus MND Proposal

The site is bordered to the east by a residential neighborhood of single-family homes, and additional homes are located just to the south of the site. These residents are sensitive receptors with respect to potential air quality and noise impacts, and many of them have previously expressed concerns about noise associated with a previous development proposal for the project site. In order to ensure that these concerns are fully addressed for the current project, Illingworth & Rodkin will perform quantified modeling of the project’s potential noise impacts on offsite receptors. Since the property immediately to the south of the project site has been designated for future residential development in the City’s latest Housing Element, and future residents at this location would be the closest sensitive receptors to the project, the noise analysis will include consideration of potential impacts to these future residential receptors as well as the existing nearby receptors.

According to the Phase I Environmental Site Assessment of the site previously prepared by Cornerstone Earth Group, the northern portion of the existing building was constructed sometime between 1963 and 1966, and by 1968 it had been expanded to its current size. Since buildings older than 50 years have the potential to be significant historical resources pursuant to State and federal laws, I have included Architectural Historian Ward Hill on our team to evaluate the building for potential historical significance. Although the building appears to be a nondescript and generic light industrial building, such buildings in the Bay Area have been found to be highly significant historic resources due to their affiliation with important persons and/or events. We are recommending this evaluation so that the proposed IS/MND will stand up to expected public scrutiny and comment.

At the request of the City, we are including a peer review of the wetland delineation map and related biological documentation prepared by the applicant’s consultants by Olberding Environmental under the direction of Jeff Olberding. Mr. Olberding will also be available to consult with the applicant regarding obtaining permit coverage from the U.S. Army Corps of Engineers. As a former project manager for the Corps, Mr.

Olberding has valuable contacts with the agency and a track record of expediting Corps permits.

Hexagon, RCH Group, Illingworth & Rodkin, and Olberding Environmental have all repeatedly been part of DHA teams on previous projects in Union City as well as elsewhere, and Ward Hill has worked on DHA projects in other jurisdictions. He brings more than 35 years of experience as a practicing architectural historian in Northern California. We will be happy to provide additional information on his qualifications or those of the other technical subconsultants upon request.

DHA’s proposed scope of work would consist of preparing a description of the project, assessing and describing the existing environmental conditions on and in the vicinity of the project site, performing the environmental analysis necessary to answer all of the questions contained in the standard Environmental Checklist contained in the CEQA Guidelines, and preparing the written documentation of the analysis in the form of a completed Environmental Checklist.

Because the project will require coverage under the National Pollutant Discharge Elimination System (NPDES) municipal regional stormwater permit administered by the San Francisco Bay Regional Water Quality Control Board (RWQCB), this agency will be a Responsible Agency under CEQA. Therefore, pursuant to Sections 15073(a) and 15073(d) of the CEQA Guidelines, the IS/MND will need to be sent to the State Clearinghouse in the Governor’s Office of Planning and Research, and a minimum public review period of 30 days will be required. These requirements have been factored in to the scope of work described below.

City Council/RSA Agenda 49 Tuesday, September 27, 2022
Woodstock BioTechnology Campus MND Proposal

DHA Proposed Scope of Work
DHA will perform the following tasks:
1) Conduct site visit to survey the project site and surroundings and document existing conditions. Photograph project site and surroundings and record surrounding land uses.
2) Review and assimilate all project plans and supporting documents. In coordination with City staff and the project sponsors develop project description. Revise project description, as warranted, following review and comment by City and applicant. This task includes hours for two rounds of City comments.
3) Conduct all primary research necessary to identify and document all potential environmental impacts associated with the project and develop mitigation measures to reduce potentially significant impacts to a less-than-significant level, if feasible. A list of assumptions included in the scope and cost of this task is provided below.
4) Coordinate preparation of appropriate graphics for inclusion in the MND document.
5) Prepare an Initial Study (IS), in compliance with CEQA requirements. As with previous CEQA documents prepared for the City by DHA, the IS/MND will be based on the standard Environmental Checklist contained in the CEQA Guidelines, and will include a completed Environmental Checklist. 6) Following review of an administrative draft IS/MND by the City, incorporate appropriate revisions and prepare final document. Time has been added to this task to allow for a second round of City comments and subsequent revisions. 7) Deliver copies of final printed document and one camera-ready original to City for internal distribution. DHA will distribute the document and notices to public agencies and citizens (as applicable) on the City’s distribution list. DHA will also send the document, along with an Executive Summary and a Notice of Completion (NOC), to the State Clearinghouse (SCH). As of November 3, 2020, the SCH is no longer accepting hard copies of environmental documents. I will register with the SCH’s CEQA Submit platform in order to be able to submit the project’s CEQA documents to the SCH on behalf of Union City. This task includes preparation of the NOC, Notice of Intent (NOI), and Notice of Determination (NOD) (following adoption of the MND). DHA will file the NOI and NOD with the County Clerk at the appropriate times. 8) Provide electronic copies of the final IS/MND to the City in Microsoft Word and/or Adobe PDF formats.
9) Prepare a Mitigation Monitoring and Reporting Program (MMRP). Two hours have been added to this task to respond to City comments following administrative review.
10) Prepare written responses to comments received during the public review period for the IS/MND. Two hours have been added to this task to respond to City comments following administrative review.
11) Attend three meetings or public hearings before the Union City Planning Commission and/or City Council. Doug Herring will be available at these meetings to answer questions pertaining to the environmental review of the project.

City Council/RSA Agenda 50 Tuesday, September 27, 2022
Woodstock BioTechnology Campus MND Proposal

The scope of work and associated budget were based on the following assumptions:
• It is assumed that the definition of the project will not materially change once the project description has been finalized. Changes to the project once environmental review has commenced could require additional time and budget.
• The evaluation of aesthetic impacts will be based on site photography, field observations, use of digital tools such as Google Earth and Google Maps Street View, and project plans, elevations, and architectural renderings. Preparation of visual simulations of post-project conditions is not included, but can be added to the scope of work for a supplemental fee.
• For the evaluation of potential impacts to cultural resources, DHA will commission the Northwest Information Center (NWIC) at Sonoma State University, part of the California Historical Resources Information System (CHRIS) to conduct an archival search of recorded archaeological and historical resources and cultural resource studies previously conducted in the vicinity of the project. The Cultural Resources section will describe the results of the archival search and draw on previously published documents for relevant background information. This scope of work does not include research or a field survey by a professional archaeologist, but this can be added to the scope of work for a supplemental fee. It is possible that, based on the results of the archival search, the NWIC may recommend additional investigation by a qualified archaeologist, as has happened on other Union City projects DHA has worked on. If that occurs on this project, DHA will consult with City staff to determine the appropriate course of action. We will be prepared to retain the services of Archeo-Tec or another archaeological consultant. • For the evaluation of potential impacts to tribal cultural resources, DHA will file a request for consultation with Native American Heritage Commission (NAHC) in Sacramento. It is expected that the NAHC will respond, identifying Native American individuals/organizations that may be historically or culturally affiliated with the project area or have knowledge of cultural resources in the area. On behalf of the City, DHA will send letters (with electronic copies provided to the City) to each Native American individual/organization identified by the NAHC, inviting them to request consultation with the City on the proposed project. The letters will describe the project location and sites and include a topographic map delineating the project site. DHA will not participate in any requested tribal consultation (this can be added for a supplemental fee), but will document the results of any consultation in the IS/MND. • It is assumed that a design-level geotechnical investigation report for the project will be available during preparation of the Initial Study, which will form the basis for much of the geology and soils analysis.
• The analysis of hazards and hazardous materials impacts will be based primarily on the Phase I and Phase II Environmental Site Assessments (ESAs) previously prepared for the project site by Cornerstone Earth Group.

Addressing some of the questions in this section of the Initial Study will also require additional primary research by DHA.
• It is assumed that the applicant will prepare a Stormwater Control Plan that will detail how the project will comply with the National Pollutant Discharge Elimination System (NPDES) stormwater treatment (and detention, if applicable) requirements. This information will be summarized in the Hydrology and Water Quality section of the IS/MND.

City Council/RSA Agenda 51 Tuesday, September 27, 2022
Woodstock BioTechnology Campus MND Proposal

• The land use and planning analysis will include a policy consistency analysis of the project with the Union City 2040 General Plan and Zoning Ordinance. The project site is located within the Union City Boulevard District. Accordingly, the General Plan evaluation will include a discussion and policy consistency analysis with respect to adopted policies applicable to this district. (An analysis of the project’s consistency with the City’s Climate Action Plan (2010) will be presented in the Greenhouse Gases section of the IS/MND.) The City of Union City Pedestrian and Bicycle Master Plan will be reviewed to identify any policies or other provisions applicable to the proposed project. There do not appear to be any specific plans, area plans, or other special plans applicable to the project site. Evaluation of other plans or planning regulations would require supplemental budget.
• All other analysis will be based on existing documentation and primary research by DHA or, as applicable, the research and analysis performed by the technical subcontractors on the team. The technical subs’ proposed services are described below.
• The budget includes attendance by Doug Herring at three public hearings or meetings on the project. If required, attendance at additional hearings or meetings would be charged on a time-and-materials basis at the hourly rate of $210.
• The budget includes up to 8 hours to make two rounds of revisions to the MND in response to administrative comments, including comments from the City Attorney.
• The budget for direct expenses assumes preparation of up to 25 graphics and reproduction of up to 15 figures in color. It assumes that project plans will be provided by the applicant in PDF format. Graphics will be professionally prepared by DHA’s graphics subcontractor.
• The budget for direct expenses includes production of 3 hard copies of the administrative draft IS/MND and 10 copies of the final IS/MND and MMRP for the City and local/regional public agencies. An electronic copy will be uploaded to the State Clearinghouse, along with an executive summary and NOC, consistent with their submittal requirements. Electronic files of all documents will also be provided to the City.
• DHA will prepare and file required notices. Budget has been included for the required filing fees. It is assumed that the City will provide the distribution mailing list. The current fees include the County Clerk’s $50 filing fee (x2: NOI and NOC) and $2,548 for review by the California Department of Fish and Wildlife (CDFW). These fees have been included in our direct expense budget. • The budget includes up to 12 hours to prepare responses to comments (including 2 hours for responding to administrative comments). If more than 12 hours are required for this task, supplemental budget would be required.

Responses can be compiled into a Responses to Comments document or can be prepared as individual response letters to be mailed to commenting agencies, at the City’s discretion.
• This proposal assumes that the Initial Study/MND will not be recirculated following initial publication.
• Any tasks not specifically identified in this scope of work would constitute outof-scope services that would require supplemental budget to perform. This proposal is based on information available at the time of this submittal. Changes to the project or significant new information about environmental conditions City Council/RSA Agenda 52 Tuesday, September 27, 2022
Woodstock BioTechnology Campus MND Proposal

applicable to the project could require additional unanticipated work, which would require a supplemental budget to complete. If a request is received by DHA for out-of-scope work, DHA will notify the City in writing prior to starting such work of the total cost for said work. DHA will not commence any out-ofscope work without written authorization from the City.

Olberding Environmental Scope of Work
Olberding Environmental will perform a biological peer review of documents prepared for the proposed biotechnology campus, including a peer review of a Corps of Engineers wetland delineation prepared by the applicant’s consultant. Olberding Environmental will participate in meetings with the project applicant, City staff, and DHA concerning biological surveys and reports prepared by applicant consultants.

Olberding Environmental will also prepare for and coordinate a single site inspection of the subject property if needed. Additional biological documents may be analyzed, and a peer review performed. This task includes coordination with the applicant, City and CEQA consultant in the preparation of all described documents/reports associated with this task item. A letter report will be written and submitted to the City following the peer review. Olberding Environmental will bill on a time-and-materials basis with a not-to-exceed limit set forth in the attached budget.

Hexagon Transportation Consultants Scope of Work
Hexagon Transportation Consultants, Inc. will conduct a peer review of the transportation impact study for the project that has been prepared by another consultant. The purpose of Hexagon’s review is to ensure that the completed traffic analysis is technically adequate and that the conclusions and recommendations presented are appropriate and adequately mitigate any project impacts per local and CEQA requirements.

This scope of services includes reviewing the transportation analysis prepared for the project to ensure that it adequately meets City and CEQA requirements. However, our proposed scope of services does not include updating/revising any of the analyses contained in the traffic study prepared for the project. The tasks to be included in the peer review of the completed traffic study are:

1. Review of CEQA Required Analysis. Per Senate Bill (SB) 743 and updated CEQA guidelines, the use of vehicle miles traveled (VMT) as the metric to determine a development’s impact on the transportation network supersedes the use of level of service and delay. Therefore, an evaluation of VMT is required for the project. The report will be reviewed to ensure the required VMT evaluation is adequate per CEQA requirements.

2. Review of Roadway Operations Analysis. An evaluation of the project’s effect on the surrounding roadway system should be included in the completed traffic study. The operations analysis for surrounding roadways and intersections will be reviewed for the following:
• Traffic count data upon which the analyses are based will be reviewed to ensure the count data is representative of current traffic conditions. • The trip generation estimates for the project will be reviewed to ensure that they reasonably represent the operations of the proposed project.

City Council/RSA Agenda 53 Tuesday, September 27, 2022
Woodstock BioTechnology Campus MND Proposal

• The directional distribution and assignment of site-generated traffic will be reviewed for consistency with existing travel patterns and the relative locations of complementary land uses in the area.
• Level of Service (LOS) calculations output will be reviewed for accuracy.

Project and cumulative conditions level of service calculations will be reviewed to ensure project traffic and traffic due to future traffic growth are accurately represented within the established traffic volumes. • The evaluation of the proposed project site access points and internal circulation will be reviewed to ensure their adequacy.
• Impacts to bikes, pedestrians, and transit will be reviewed for consistency with adopted plans and established CEQA guidelines.

3. Review Memorandum. The results of the review will be documented in a technical memorandum report.

4. Second Round of Review. Upon revision of the traffic study, Hexagon will review the traffic study a second time to ensure that all issues identified in the peer review memorandum were addressed.

Any work not specifically referenced in the above scope of services—for example, reviewing additional traffic-related aspects of the project, attending meetings or public hearings, revising or updating any traffic-related analyses, reviews of additional draft reports, and providing cost estimates or feasibility drawings for mitigation measures— shall be considered additional services.

RCH Group Scope of Work
The RCH Group will prepare an Air Quality Technical Report that will support the Mitigated Negative Declaration. DHA will draw on the technical report as the basis for the Air Quality, Energy, and Greenhouse Gases sections in the Initial Study. RCH Group has included budget for their air quality specialist to attend three public hearings via Zoom.

The air quality and GHG emissions analyses will be prepared pursuant to the Bay Area Air Quality Management District’s (BAAQMD’s) CEQA Air Quality Guidelines for assessing the significance of air quality impacts. Short-term (i.e., construction) and longterm (i.e., operational) emissions generated by the project will be quantified using the California Emissions Estimator Model (CalEEMod) and will be compared to BAAQMD project-level significance thresholds.

Construction-related and operational emissions will be based upon the duration, work area footprint, and equipment needs anticipated for the project combined with appropriate California Air Resources Board emission models such as EMFAC/OFFROAD emission factors (motor vehicles and equipment) and CalEEMod (land use development). Operational emission sources associated with the project may include fume hoods, generators, and boilers needed for research and development (R&D) operations, as well as motor vehicles and energy usage. Detailed information on equipment type, size, and the percentage of R&D space will be provided by the applicant and/or based on other similar projects. Motor vehicle trip rates and/or vehicle miles traveled will be provided by the applicant and/or model defaults.

For GHG emissions, the project will be evaluated based upon BAAQMD’s project-level thresholds of significance for GHG emissions. The BAAQMD adopted new GHG City Council/RSA Agenda 54 Tuesday, September 27, 2022
Woodstock BioTechnology Campus MND Proposal

thresholds on April 20, 2022 (CEQA Thresholds for Evaluating the Significance of Climate Impacts from Land Use Projects and Plans). The project will also be analyzed for consistency with the Union City Climate Action Plan. Additionally, the project will be compared to the Association of Bay Area Governments’ Plan Bay Area 2050, the Regional Transportation Plan /Sustainable Communities Strategy for the San Francisco Bay Area, which establishes an overall GHG target for the project region consistent with Statewide GHG-reduction goals.

RCH will provide current energy setting information related to the different energy resources that would be consumed by the project. RCH will also provide current regulatory setting information (i.e., applicable federal, State, and local plans) related to energy and energy conservation. The energy use estimates will be broken out for construction and operational activities and by the type of energy consumption in most cases (i.e., petroleum fuels, electricity, or natural gas).

RCH will compare energy use estimates of the project to Statewide, regional, and local energy use to consider the potential of the project to result in wasteful, inefficient, or unnecessary consumption of energy resources. RCH will compare energy use estimates of the project to the relevant State and local plans for renewable energy and energy efficiency. RCH will make a consistency determination between the project and State and local plans for renewable energy and energy efficiency. If the analysis of the project’s energy use reveals that the project may result in significant environmental effects due to wasteful, inefficient, or unnecessary use of energy resources, potential mitigation measures will be identified to mitigate the project’s energy use, consistent with CEQA Section 15126.2(b).

A Health Risk Assessment (HRA) will also be prepared, consistent with BAAQMD guidance, analyzing potential impacts from project construction and operations on nearby sensitive receptors, given that receptors are within 1,000 feet of the project site.

The HRA will involve the development of an emissions inventory of toxic air pollutants sources during both project construction and operation, dispersion modeling to determine air toxic concentrations at sensitive receptors, and determination of the chronic and acute health impacts along with the projected increase in cancer risk due to exposure to toxic air pollutants. The modeled concentrations will be used to estimate the increased cancer risk and health hazard in accordance with the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment Air Toxics Hot Spots Program Risk Assessment Guidelines - the Air Toxics Hot Spot Program Guidance Manual for Preparation of Health Risk Assessment. The air dispersion modeling will be performed using the U.S. Environmental Protection Agency’s (EPA) AERMOD dispersion model. Existing sensitive receptors include residences to the south and east of the project and Tutu School and Alvardo Elementary School.

Illingworth & Rodkin Scope of Work
The primary noise issues associated with the proposed project would be temporary noise increases resulting from construction activities, and permanent noise increases resulting from the operation of the project (e.g., increased vehicle and truck traffic, and mechanical equipment). In order to assess the potential noise impacts, Illingworth & Rodkin (I&R) would complete the following tasks for this project:

5. Quantify Existing Noise Levels. I&R will quantify the existing ambient noise environment at the project site and at adjacent residential receivers. Noise measurements will be made during the daytime, evening, and nighttime over a several day period including a weekend. Two to three long-term noise City Council/RSA Agenda 55 Tuesday, September 27, 2022
Woodstock BioTechnology Campus MND Proposal

measurements will be completed to quantify and characterize ambient noise levels at sensitive land uses to the east and south (including planned residential land uses to the south). Additional, attended short-term noise measurements will be made as needed. The data gathered during the noise monitoring survey will be used to determine baseline noise conditions that will be used for comparative purposes in the impact assessment.

6. Present Regulatory Criteria. I&R will present the regulatory background in terms of the noise standards and guidelines established by CEQA and the appropriate local agencies.

7. Calculate Future Noise Levels. Future noise levels affecting existing noisesensitive areas at the project site will be calculated based on the results of the noise measurements, future traffic projections, and project plans. Future noise levels resulting from the construction and operation of the project (e.g., vehicle and truck circulation, parking lot activities, mechanical equipment, etc.) will be calculated at existing and planned sensitive land uses in the project vicinity. We will also review the traffic analysis to calculate the relative increase in noise levels resulting from project trips along area roadways.

8. Assess Noise Impacts. Pursuant to CEQA guidelines, I&R will determine consistency with applicable local standards, and assess whether or not there will be a substantial temporary or permanent increase in noise levels in the area resulting from the project. Project-generated noise levels will be compared to the applicable regulatory criteria and to existing ambient levels. Noise impacts will be assessed with respect to the increase in noise levels that could result from the project and against applicable absolute noise level limits.

9. Recommend Mitigation Measures. Where significant noise impacts are identified, we will recommend measures to mitigate noise impacts to a less than significant level. The mitigation measures may include administrative and/or physical controls.

10. Deliverable. The results of our work will be submitted to DHA and the City in the form of an administrative draft noise study report. I&R will respond to DHA’s and the City’s comments on the administrative draft and prepare a draft noise study report.

Ward Hill Scope of Work
Architectural Historian Ward Hill will conduct a preliminary assessment of the potential for the existing building on the site to be historically significant. This would be determined during the completion of Task 1, described below. If this inquiry is answered in the affirmative, then Task 2 would be performed. Because it is likely that Task 2 would not be required, it is identified as an optional cost in the budget for this project, but is included in the total budget amount. Ward Hill has also budgeted for attendance via Zoom of three public hearings on the project, and will be prepared to address questions about the historic resources evaluation. 1) Ward Hill will conduct a field survey of the property, documented with photographs. He will review City files for building permits issued in the past for the property. If he determines that the integrity of the building has been compromised, rendering it ineligible for the California Register of Historical Resources, he will prepare a brief memo supporting this conclusion. 2) If the results of Task 1 indicate that the existing building retains historic integrity, Ward Hill will conduct historical research that will be documented in DPR 523 forms that are used by the California Department of Parks and City Council/RSA Agenda 56 Tuesday, September 27, 2022
Woodstock BioTechnology Campus MND Proposal

Recreation (DPR) Office of Historic Preservation (OHP) for evaluating and recording historical resources.

Budget
Our labor cost for preparing the IS/MND and performing all other tasks described herein would be $107,293, including $52,080 for DHA, $3,080 for Olberding Environmental, up to $9,680 for Ward Hill, $14,553 for the RCH Group, $13,860 for Illingworth & Rodkin, and $11,000 for Hexagon, including a 10-percent administrative fee on the subcontractor fees. As shown in the attached budget breakdown, my labor cost, which will be charged on a time-and-materials basis, is based on up to 252 hours at my standard hourly rate of $210.

Direct expenses will be charged at cost plus a 10-percent administrative fee; they would be no more than $6,394, inclusive of the administrative fee. Such expenses could include graphics preparation, document reproduction, overnight delivery service, postage, mailing materials, copying, travel mileage, and other similar expenses. As requested, the direct expense budget also includes the County filing fees, which are expected to total $2,648. The total combined (labor and expenses) budget for the MND would not exceed $113,687 unless out-of-scope work not described in this proposal were required.

Further breakdown of the budget is provided in the attached pages.

Thank you for the opportunity to submit this proposal and assist the City with the CEQA compliance for the proposed project, Derek. Please don’t hesitate to phone me if you have any questions about this proposal.

Sincerely,
Doug Herring
City Council/RSA Agenda 57 Tuesday, September 27, 2022
Woodstock BioTech Campus Project
IS/MND Budget

DHA LABOR BUDGET
Task Hours Rate Cost
Task 1: Project Start-Up 4 $210 $840
Task 2: Site Reconnaissance 4 $210 $840
Task 3: Project Description 12 $210 $2,520
Task 4: Project Setting 2 $210 $420
Task 5: Aesthetics Analysis 6 $210 $1,260
Task 6: Agricultural Resources Analysis 1 $210 $210
Task 7: Air Quality Analysis 6 $210 $1,260
Task 8: Biological Resources Analysis 6 $210 $1,260
Task 9: Cultural Resources Analysis 12 $210 $2,520
Task 10: Energy Analysis 6 $210 $1,260
Task 11: Geology and Soils Analysis 10 $210 $2,100
Task 12: Greenhouse Gas Analysis 2 $210 $420
Task 13: Hazards & Hazardous Materials 30 $210 $6,300
Task 14: Hydrology/WQ Analysis 8 $210 $1,680
Task 15: Land Use/Planning Analysis 12 $210 $2,520
Task 16: Mineral Resources Analysis 1 $210 $210
Task 17: Noise Analysis 6 $210 $1,260
Task 18: Population/Housing Analysis 3 $210 $630
Task 19: Public Services Analysis 6 $210 $1,260
Task 20: Recreation Analysis 1 $210 $210
Task 21: Traffic/Transportation Analysis 3 $210 $630
Task 22: Tribal Cultural Resources 5 $210 $1,050
Task 23: Utilities Analysis 12 $210 $2,520
Task 24: Wildfire Analysis 2 $210 $420
Task 25: Statutory Findings Analysis 1 $210 $210
Task 26: Graphics Preparation 3 $210 $630
Task 27: Draft Report Preparation 5 $210 $1,050
Task 28: Final Report Preparation 8 $210 $1,680
Task 29: Public Hearings 15 $210 $3,150
Task 30: Responses to Comments 12 $210 $2,520
Task 31: Preparation/Distribution of Notices 5 $210 $1,050 Task 32: MMRP 8 $210 $1,680
Task 33: Filing of Notices 4 $210 $840
Task 34: Project Management 6 $210 $1,260
Contingency 25 $210 $5,250
DHA LABOR COST 252 $52,920
City Council/RSA Agenda 58 Tuesday, September 27, 2022

SUBCONTRACTOR BUDGETS
Contractor and Task Hours Rate Cost
Olberding Environmental, Inc.

Biological Constraints Assessment $2,800
Olberding Total $2,800
Ward Hill, Architectural Historian
Task 1: Historic Resources Evaluation 10 $150 $2,800
Task 1A: Public Hearing Attendance 6 $150 $2,800
Optional Task 2: Preparation of DPR Forms 15 $150 $2,800 Graphics and Expenses $400
Ward Hill Total $8,800
RCH Group
Air Quality Technical Report $13,230
Attendance Public Hearings $2,000
RCH Group Total $15,230
Illingworth & Rodkin
Noise Study Report $12,600
Illingworth & Rodkin Total $12,600
Hexagon Transportation Consultants
Peer Review Technical Memorandum $10,000
Hexagon Total $10,000
City Council/RSA Agenda 59 Tuesday, September 27, 2022

WOODSTOCK BIOTECH CAMPUS MND BUDGET SUMMARY

DHA LABOR
IS/MND $52,920
DHA LABOR TOTAL $52,920

SUBCONTRACTOR LABOR
Olberding Environmental $2,800
Ward Hill, Architectural Historian $8,800
RCH Group $15,230
Illingworth & Rodkin $12,600
Hexagon Transportation Consultants $10,000
SUBCONTRACTOR LABOR TOTAL $49,430
administrative fee for subs $4,943
SUBCONTRACTOR TOTAL $54,373

EXPENSES
Direct Costs Subtotal
Document Reproduction $1,500
Overnight Delivery $100
Graphics $800
Postage $75
Travel Mileage $300
County Filing Fees $2,648
Copying $40
Mailing Materials $100
Printing (in house) $50
Misc. $200
Direct Cost Subtotal $5,813
administrative fee for direct costs $581
DIRECT COST TOTAL $6,394
TOTAL MND LABOR COSTS $107,293
TOTAL MND LABOR & EXPENSE COSTS $113,687
City Council/RSA Agenda 60 Tuesday, September 27, 2022
Agenda Item
DATE: 9/27/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

APPROVE THE FOURTH AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., IN THE AMOUNT OF $308,455, FOR THE UNION CITY BOULEVARD BIKE LANES PROJECT, CITY PROJECT NO. 17-29, FOR A TOTAL CONTRACT AMOUNT OF $1,556,355, AND APPROPRIATING $180,000 TO THE GAS TAX FUND Staff recommends that the City Counciladopt a resolution authorizing the City Manager to approve the Fourth Amendment to the Consulting Services Agreement with Kimley-Horn and Associates, Inc., in the amount of $308,455, for the Union City Boulevard Bikes Lanes Project, City Project No. 17-29, increasing the totalcontract amount to $1,556,355, and appropriating $180,000 to the Gas Tax Fund.

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

Goal D, Strategy 1: Environmental Sustainability and Infrastructure - Continue the build-out of the City’s Bicycle and Pedestrian network, with an emphasis on closing gaps, addressing safety concerns, and increasing connectivity to the Station District.

Goal D, Strategy 2: Environmental Sustainability and Infrastructure – Implement the City’s capital improvement plan.

BACKGROUND
On April 27, 2017, Union City was awarded $7,800,000 (requiring $1,000,000 of local match using the City’s State Gas Tax (Fund 2510) funds for a total project budget of $8,800,000) by Alameda County Transportation Commission (ACTC) through the Project Funding Agreement (PFA) for “Union City Boulevard Class II Bikes Lanes Project” for construction of over two (2) miles of new bicycle facilities along Union City Boulevard from approximately 600 feet south of Alvarado Boulevard to the southern city limits.

This Union City Boulevard Bike Lanes Project will complete the gap along Union City Boulevard by providing continuous bike facilities between the existing Class II bike lanes from south of Alvarado Boulevard with new City Council/RSA Agenda 61 Tuesday, September 27, 2022
buffered bike lanes that connect to Ardenwood Boulevard in Fremont. These new improvements will include Complete Street improvements at the intersections of Regents Boulevard, Dyer Street and Rocklin Drive. A new Class I multi-use trail will also be provided adjacent to Delaine Eastin Elementary School on Union City Boulevard, which will improve direct access for students who bike or walk to the school. In addition, the project will construct a dedicated right-turn lane for vehicles proceeding to the school to eliminate the traffic back up on southbound Union City Boulevard.

DISCUSSION
Since 2019, the City Council has taken several incremental steps regarding the Union City Boulevard Class II Bike Lane Project:

Resolution No. 5471-19 was adopted to incorporate SB-1 funds for pavement rehabilitation.

Engineering staff identified various pavement areas of Union City Boulevard that needed rehabilitation and began considering including this roadway work with the Bike Lanes Project.

Resolution No. 5510-19 was adopted to approve Contract C5363 with Kimley-Horn and Associates, Inc., in the amount of $537,900, to assume the design of the bike lane project and complete the Final PS&E.

Resolution No. 5604-20 was adopted to approve Contract C5439 with Kimley-Horn and Associates, Inc., in the amount of $287,000, which constituted the First Amendment to Contract C5363, for design refinements that included pavement reconstruction and rehabilitation within the project limits and updating the bikeway design.

Resolution No. 5613-20 was adopted to amend a list of projects for FY 2020/21, in the amount of approximately $1.4 million funded by SB-1 - The Road Repair and Accountability Act of 2017 (Fund 2515), which included pavement rehabilitation in various locations including Union City Boulevard. The estimated construction cost to include the pavement rehabilitation of Union City Boulevard with the Bike Lanes Project is estimated at $13.0 million.

Resolution No. 5835-21 was adopted to approve Contract C5439b with Kimley-Horn and Associates, Inc., in the amount of $348,000, which constituted the Second Amendment to Contract C5363, for updating the project plans to refine various intersections for bikes and pedestrian, adding potential new crossings for bikes and pedestrians, adding traffic control devices such as flashing signs to slow traffic speeds, improving street lights illumination and updating and coordinating these design updates with BPAC.

Resolution No. 5883-22 was adopted to approve Contract C5439c with Kimley-Horn and Associates, Inc., in the amount of $75,000, which constituted the Third Amendment to Contract C5363, for roadway drainage design that included review of As-Builts of the existing drainage facilities, the preparation of a Preliminary Drainage Analysis Report, coordination with Alameda County Flood Control and Water Conservation District (ACFC & WCD), the preparation of a Final Drainage Memo with recommendations of proposed roadway drainage improvements and the revision to the Final Plans and Specification for reducing flooding along Union City Boulevard within the proposed bike lanes.

At the July 26, 2022 City Council Meeting, East Bay Discharge Authority and Cargill, Incorporated presented an Update of the Status of the Cargill Mixed Sea Salt Pipeline Project impacting Union City Boulevard including the Notice of Preparation (NOP) for the Environmental Documentation. This proposed Pipeline is within the same project limits as Union City Boulevard Bike Lanes Project, City Project No. 17-29. Following the Pipeline Presentation, Public Works and Kimley-Horn presented an Update of the Union City Boulevard Bike Lanes Project including the benefits and cost sharing opportunities for combining the installation of underground pipeline with the bike lanes improvements, a major roadway project along Union City Boulevard, into one construction package instead of the Pipeline project digging up the roadway two to five years later to install the underground pipeline. At the same meeting, under Resolution No. 5980-22, the Councilauthorized the City Manager to execute the Sea Salt Pipeline and Bike Lanes Construction Cost Sharing Agreement between the City of Union City and Cargill, Incorporated for the Union City Boulevard Bike Lanes Project, City Project No. 17-29, and increased the revenue projections in the Gas Tax Fund by $405,000. The Gas Tax increase includes $75,000 for City Council/RSA Agenda 62 Tuesday, September 27, 2022
Project Management, $180,000 for Design Services and $150,000 for Construction Management and Inspection, totaling $405,000. The $180,000 allocated for Design Services will be appropriated to the Gas Tax Fund as part of the attached resolution.

The Fourth Amendment to the Consulting Services Agreement, in the amount of $308,455, includes coordination meetings with the Pipeline project team and refining the Project Plans, Specifications and Estimate to integrate the pipeline design, revising the Construction Details, Utility Plans, Stage Construction/Traffic Handling Plans and Summary of Quantity Plans. The amendment also includes other design refinements at Dyer/Union City Blvd. intersection, , fiber optics for traffic signal systems, water quality treatment areas, additional trail signage and tree removal plans.

The Pipeline and Union City Boulevard Bike Lanes project will be combined into one construction package by the end of 2022. It is anticipated that the project will be advertised in Spring 2023, with construction beginning Summer 2023, and completion by the end of 2024.

FISCAL IMPACT
The total cost of the Fourth Amendment to the Consulting Services Agreement with Kimley-Horn and Associates, Inc., for the additional design for integrating the Pipeline project and other design refinements for the Union City Boulevard Bikes Lanes Project, City Project No. 17-29, is $308,455, and will be funded with $180,000 of Gas Tax funds (Account Number 2510-3199-91729-54110), which need to be appropriated, and $128,455 of Measure B ACTIA Streets and Roads funds (Account Number 2542-3199-91729-54110) which were budgeted in the approved Five-Year Capital Improvement Plan (CIP) for FiscalYear 2021/22 to FiscalYear 2025/26.

As noted in the above, Cargill, Incorporated will reimburse project management and coordination costs for the Sea Salt Pipeline through the Bike lanes Construction Cost Sharing Agreement.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to approve the Fourth Amendment to the Consulting Services Agreement with Kimley-Horn and Associates, Inc., in the amount of $308,455, for the Union City Boulevard Bikes Lanes Project, City Project No. 17-29, increasing the total contract amount to $1,556,355, and appropriating $180,000 to the Gas Tax Fund.

Prepared by:

Marilou Ayupan, Public Works Director
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment A -Agreement Attachment
Resolution Resolution
City Council/RSA Agenda 63 Tuesday, September 27, 2022
City Council/RSA Agenda 64 Tuesday, September 27, 2022
City Council/RSA Agenda 65 Tuesday, September 27, 2022
City Council/RSA Agenda 66 Tuesday, September 27, 2022
City Council/RSA Agenda 67 Tuesday, September 27, 2022
City Council/RSA Agenda 68 Tuesday, September 27, 2022
City Council/RSA Agenda 69 Tuesday, September 27, 2022
City Council/RSA Agenda 70 Tuesday, September 27, 2022
RESOLUTION NO. xxxx-22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE CITY MANAGER TO APPROVE THE FOURTH

AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH
KIMLEY-HORN AND ASSOCIATES, INC., IN THE AMOUNT OF $308,455,

FOR THE UNION CITY BOULEVARD BIKE LANES PROJECT, CITY
PROJECT NO. 17-29, FOR A TOTAL CONTRACT AMOUNT OF $1,556,355, AND APPROPRIATING $180,000 TO THE GAS TAX FUND
WHEREAS, on April 27, 2017, the City of Union City was awarded $7,800,000 (requiring $1,000,000 of local match using City’s State Gas Tax funds for a total project budget of $8,800,000) by Alameda County Transportation Commission (ACTC) through the Project Funding Agreement (PFA) for “Union City Boulevard Class II Bikes Lanes Project;” and
WHEREAS, the project will complete about a two (2) mile gap along Union City Boulevard by constructing new, continuous, and buffered bike lanes between the existing Class II bike lanes from a point 600 ft. south of Alvarado Boulevard to the existing Class II bikes lanes at the Alameda Creek Channel bridge, with direct connection to existing bike lanes on Ardenwood Boulevard in Fremont. The project will include “Complete Street” improvements along Union City Boulevard at the intersections of Regents Boulevard, Dyer Street and Rocklin Drive, including a new multi-purpose trail adjacent to Delaine Eastin Elementary School providing direct access for students who bike or walk to school and a right-turning lane into the school; and WHEREAS, on April 23, 2019, the City Council adopted Resolution No. 5471- 19 approving a list of projects for FY 2019/20, in the amount of approximately $1.1 million, funded by SB-1 – The Road Repair and Accountability Act of 2017 (Fund 2515), which included pavement rehabilitation in various locations including Union City Boulevard; and
WHEREAS, on July 23, 2019, the City Council adopted Resolution No. 5510-19 approving a Consulting Services Agreement, C5363, with Kimley-Horn and Associates, Inc. to complete the Final Plans, Specifications and Estimate, in the amount of $537,900; and
WHEREAS, on October 21, 2019, Kimley-Horn and Associates, Inc. presented the project to Union City’s Bicycle and Pedestrian Advisory Commission (BPAC), who provided valuable comments related to improving bicycle and pedestrian travel through the intersection of Regents Boulevard, Dyer Street and Rocklin Drive, upgrading ADA wheelchair ramps, enhancing pedestrian crosswalks, evaluating existing street lighting and reconstructing intersection corners to slow down turning cars resulting in various project design refinements; and
City Council/RSA Agenda 71 Tuesday, September 27, 2022
WHEREAS, on May 26, 2020, the City Council adopted Resolution No. 5604-20 approving the First Amendment to the Consulting Services Agreement, C5439, with Kimley-Horn and Associates, Inc., in the amount of $287,000, for design refinement revisions, bringing the total contract amount to $824,900, to complete the Final Plans, Specifications and Estimate (PS&E); and
WHEREAS, on June 23, 2020, the City Council adopted a Resolution No. 5613- 20 to amend the list of projects for FY 2020/21, in the amount of approximately $1.4 million, funded by SB-1 – The Road Repair and Accountability Act of 2017 (Fund 2515), which included pavement rehabilitation and improvements in various locations including Union City Boulevard; and
WHEREAS, the construction cost for the combined Union City Boulevard Bike Lanes and Union City Boulevard Pavement Rehabilitation projects is estimated around $13.0 Million; and
WHEREAS, on October 12, 2021, the City Council adopted Resolution No. 5835-21 approving the Second Amendment to the Consulting Services Agreement, C5439b, with Kimley-Horn and Associates, Inc., in the amount of $348,000, for adding traffic control measures at intersection crossings, evaluating additional intersection crossings, improving street lighting illumination and extending the buffer bike lanes to Smith Street; and design refinement revisions, bringing the total contract amount to $1,172,900, to complete the Final PS&E; and
WHEREAS, on January 25, 2022, the City Council adopted Resolution No. 5883-22 approving the Third Amendment to the Consulting Services Agreement with Kimley-Horn and Associates, Inc., C5439c, in the amount of $75,000, for roadway drainage design consisting of review of As-Builts of the existing drainage facilities, the preparation of a Preliminary Drainage Analysis Report, coordination with Alameda County Flood Control and Water Conservation District (ACFC & WCD), the preparation of a Final Drainage Memo with recommendations of proposed roadway drainage improvements and the revision to the Final Plans and Specifications for reducing flooding along Union City Boulevard within the proposed bike lanes; and WHEREAS, on July 26, 2022, the City Council of Union City adopted Resolution No. 5980-22 authorizing the City Manager to execute the Sea Salt Pipeline and Bike Lanes Cost Sharing Agreement between the City of Union City and Cargill, Incorporated, for the Union City Boulevard Bike Lanes Project, City Project No. 17-29, and increasing the revenue projections in the Gas Tax Fund by $405,000; and WHEREAS, on Page 11 of this Cost Sharing Agreement under 10.b, Cost Sharing, Project Design Services identifies the contribution of $180,000 to KimleyHorn’s Consulting Services Agreement for additional design services to integrate the sea salt brine pipeline design into the Plans, Specifications and Estimate of Union City Boulevard Bike Lanes Project, City Project No. 17-29; and City Council/RSA Agenda 72 Tuesday, September 27, 2022
WHEREAS, the Fourth Amendment to the Consulting Services Agreement with Kimley-Horn and Associates, Inc., in the amount of $308,455, will include coordination meetings with the Pipeline project team and refining the Project Plans, Specifications and Estimate to integrate the pipeline design, revising the Construction Details, Utility Plans, Stage Construction/Traffic Handling Plans and Summary of Quantity Plans. The amendment also includes other design refinements at Dyer Street/Union City Blvd. intersection, fiber optics for traffic signal systems, water quality treatment areas, additional trail signage and tree removal plans; and
WHEREAS, the Fourth Amendment to the Consulting Services Agreement with Kimley-Horn and Associates, Inc., in the amount of $308,455, will be funded with $180,000 of Gas Tax funds (Account Number 2510-3199-91729-54110), which need to be appropriated, and $128,455 of Measure B ACTIA Streets and Roads funds (Account Number 2542-3199-91729-54110) which were budgeted in the approved Five-Year Capital Improvement Plan (CIP) for Fiscal Year 2021/22 to Fiscal Year 2025/26.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute the Fourth Amendment to the Consulting Services Agreement with Kimley-Horn and Associates, Inc., of Pleasanton, CA, which increases the current contract by $308,455, bringing the total contract amount to $1,556,355, to assist Public Works with the completion of the Final PS&E of the Union City Boulevard Bike Lanes Project, City Project No. 17-29; and BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby appropriates $180,000 to the Gas Tax Fund, Account Number 2510-3199-91729- 54110 (Gas Tax Fund – PW General – UCB Bike Lanes Project – Professional/ Consulting Services).

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 27
th day of September 2022, by the following
vote:

City Council/RSA Agenda 73 Tuesday, September 27, 2022
Agenda Item
DATE: 9/27/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ANNA M. BROWN, CITY CLERK
SUBJECT: ADOPT A RESOLUTION APPOINTING JENNY AGUILAR TO SERVE ON

THE ARTS AND CULTURE COMMISSION
A Resolution has been prepared to confirm the Mayor's appointment of Jenny Aguilar to serve as Commissioner on the Arts and Culture Commission.

STRATEGIC PLAN ALIGNMENT
There is no strategic plan alignment associated with this action.

BACKGROUND
On July 5, 2022 Commissioner Annette Heldman resigned her position on the Arts and Culture Commission prior to her term expiration.

A Notice of Unscheduled Vacancy was posted in accordance with Government Code Section 54973.

DISCUSSION
Board, commission, and committee members are appointed by the Mayor with approval of the City Council.

At the request of Mayor Dutra-Vernaci, a resolution has been prepared appointing Arts and Culture Commissioner Alternate, Jenny Aguilar, to serve as Arts and Culture Commissioner for a term expiring April 8, 2026.

FISCAL IMPACT
No fiscal impact.

City Council/RSA Agenda 74 Tuesday, September 27, 2022

RECOMMENDATION
Staff recommends City Council adopt the Resolution as submitted, appointing Jenny Aguilar to serve as Arts and Culture Commissioner for a term expiring April 8, 2026.

Prepared by:

Anna M. Brown, City Clerk
Submitted by:

Anna M. Brown, CIty Clerk
ATTACHMENTS:

Description Type
Resolution Resolution
City Council/RSA Agenda 75 Tuesday, September 27, 2022
RESOLUTION NO. XXXX-22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

APPOINTING JENNY AGUILAR TO SERVE ON THE ARTS & CULTURE

COMMISSION
WHEREAS, on July 5, 2022, Annette Heldman resigned her position on the Arts and Culture Commission prior to the expiration of her term; and WHEREAS, board, commission, and committee members are appointed by the Mayor with approval of the City Council.

NOW, THEREFORE, BE IT RESOLVED THAT, Alternate Arts and Culture Commissioner, Jenny Aguilar, is appointed as Arts and Culture Commissioner for a term expiring April 8, 2026.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 27
th day of September 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

CAROL DUTRA-VERNACI
Mayor
ATTEST: APPROVED AS TO FORM:

ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 76 Tuesday, September 27, 2022
Agenda Item
DATE: 9/27/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC, AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: SECOND READING AND ADOPTION 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.

Staff recommends that the City Council conduct a second reading of the title of the proposed ordinance to add objective design standards for single-family residences, accessory dwelling units and SB 9 Housing Developments; update and streamline review processes for various types of development projects; and updates to Code language to reflect current practices, for internal consistency, and to clarify terminology (Zoning Text Amendment AT-22-001), and 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 updates to Chapter 18.54, Administrative Use Permit (Zoning Text Amendment AT-22-002).

The City Council held a public hearing and introduced the Ordinance at its September 13, 2022 meeting on a 4-0 vote. See Exhibit A of the attached Ordinance (Attachment 1) for the draft amendments (Clean) and Exhibit B for the redlined version.

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
City Council/RSA Agenda 77 Tuesday, September 27, 2022
At its September 13, 2022 meeting, the City Council introduced Zoning Text Amendments associated with AT22-001 and AT-22-002. The amendments associated with AT-22-001 add objective design standards for singlefamily residences, accessory dwelling units and SB 9 Housing Developments; update and streamline review processes for various types of development projects; and update the Union City Municipal Code to reflect current practices, for internalconsistency, and to clarify terminology. The proposed amendments related to AT22-002 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 updates to Chapter

18.54, Administrative Use Permit. Related to this, the Council also approved updates to the Master Fee Schedule to include fees for review of SB 9 projects and the "Policy Statement for the Regulation of Seasonal Sales Lots."
For a more detailed overview of the prior proposed actions, see City Council Staff Report dated September 13, 2022.

DISCUSSION
Staff recommends that the City Council adopt the Ordinance approving AT-22-001 and AT-22-002, which will incorporate much needed objective standards into the Zoning Ordinance to streamline staff's review of housing projects and will provide more certainty in the development review process for applicants. The other proposed amendments assist in ensuring the Zoning Ordinance is accurate, internally inconsistent, and reflects current practices, which also benefits staff and project applicants. Lastly, the amendments regarding Seasonal Sales Lots willallow a holiday tree lot to continue operation at James Logan High School.

If the City Counciladopts the Ordinance, the ordinance will become effective 30 days after second reading. At that time, the existing text amendments that established temporary SB 9 development standards, specifically Chapter 18.31 under Urgency Ordinance #892-21, will be amended in their entirety by the Ordinance.

Therefore, the Ordinance results in the expiration of the Urgency Ordinance as of the effective date of the attached Ordinance. Consistent with Government Code section 65858(d), this staff report, as well as the City Council Staff Report dated September 13, 2022 referenced above, constitute the written report required at least 10 days prior to the expiration of the interim ordinance describing the measures taken to alleviate the condition that led to adoption of the ordinance.

FISCAL IMPACT
No fiscal impacts to the general fund would result from adoption of the proposed zoning text amendments.

RECOMMENDATION
Staff recommends that the City Council waive the reading of the full text of the Ordinance, conduct the second reading of the title of the proposed ordinance, and adopt the Ordinance approving AT-22-001 and AT-22-002.

The Ordinance will become effective 30 day after the second reading.

Urgency Ordinance #892-21 willexpire as of the effective date of the Ordinance.

Prepared by:

Brandon H DeLucas, Associate Planner
City Council/RSA Agenda 78 Tuesday, September 27, 2022
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
City Council/RSA Agenda 79 Tuesday, September 27, 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 80 Tuesday, September 27, 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 81 Tuesday, September 27, 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 82 Tuesday, September 27, 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 83 Tuesday, September 27, 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 84 Tuesday, September 27, 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.

City Council/RSA Agenda 85 Tuesday, September 27, 2022
AT-22-001 and AT-22-002 Zoning Text Amendments
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 shall sign an affidavit on a form provided by the City stating the owner intends 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:

City Council/RSA Agenda 86 Tuesday, September 27, 2022
AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit A (Clean) - September 13, 2022

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).

City Council/RSA Agenda 87 Tuesday, September 27, 2022
AT-22-001 and AT-22-002 Zoning Text Amendments
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.

City Council/RSA Agenda 88 Tuesday, September 27, 2022
AT-22-001 and AT-22-002 Zoning Text Amendments
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;
City Council/RSA Agenda 89 Tuesday, September 27, 2022
AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit A (Clean) - September 13, 2022

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.

City Council/RSA Agenda 90 Tuesday, September 27, 2022
AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit A (Clean) - September 13, 2022

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.

City Council/RSA Agenda 91 Tuesday, September 27, 2022
AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit A (Clean) - September 13, 2022

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
City Council/RSA Agenda 92 Tuesday, September 27, 2022
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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;
City Council/RSA Agenda 93 Tuesday, September 27, 2022
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Exhibit A (Clean) - September 13, 2022

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.

City Council/RSA Agenda 94 Tuesday, September 27, 2022
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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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Exhibit A (Clean) - September 13, 2022

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.

City Council/RSA Agenda 96 Tuesday, September 27, 2022
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Exhibit A (Clean) - September 13, 2022

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 97 Tuesday, September 27, 2022
AT-22-001 and AT-22-002 Zoning Text Amendments
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:

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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 99 Tuesday, September 27, 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 100 Tuesday, September 27, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
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 101 Tuesday, September 27, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit A (Clean) - September 13, 2022

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 102 Tuesday, September 27, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
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.

City Council/RSA Agenda 103 Tuesday, September 27, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit A (Clean) - September 13, 2022

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 104 Tuesday, September 27, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
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 105 Tuesday, September 27, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit A (Clean) - September 13, 2022

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 106 Tuesday, September 27, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
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 107 Tuesday, September 27, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit A (Clean) - September 13, 2022

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 108 Tuesday, September 27, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
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.

City Council/RSA Agenda 109 Tuesday, September 27, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit A (Clean) - September 13, 2022

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:

City Council/RSA Agenda 110 Tuesday, September 27, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
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 111 Tuesday, September 27, 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 112 Tuesday, September 27, 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 113 Tuesday, September 27, 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 114 Tuesday, September 27, 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 115 Tuesday, September 27, 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 116 Tuesday, September 27, 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 117 Tuesday, September 27, 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 118 Tuesday, September 27, 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 119 Tuesday, September 27, 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 120 Tuesday, September 27, 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; 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 121 Tuesday, September 27, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit B (Redlines) - 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 122 Tuesday, September 27, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit B (Redlines) - 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.

City Council/RSA Agenda 123 Tuesday, September 27, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit B (Redlines) - 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 shall sign an affidavit on a form provided by the City stating the owner intends 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:

City Council/RSA Agenda 124 Tuesday, September 27, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit B (Redlines) - September 13, 2022

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 public right-of-way, and at the main entrance to the unit (if not visible from the public right-ofway).

City Council/RSA Agenda 125 Tuesday, September 27, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit B (Redlines) - 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.

City Council/RSA Agenda 126 Tuesday, September 27, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit B (Redlines) - 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;
City Council/RSA Agenda 127 Tuesday, September 27, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit B (Redlines) - September 13, 2022

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.

City Council/RSA Agenda 128 Tuesday, September 27, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit B (Redlines) - September 13, 2022

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.

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.

City Council/RSA Agenda 129 Tuesday, September 27, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit B (Redlines) - September 13, 2022

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

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:

City Council/RSA Agenda 130 Tuesday, September 27, 2022 AT-22-001 and AT-22-002 Zoning Text Amendments
Exhibit B (Redlines) - September 13, 2022