Agenda packet, regular meeting — Union City City Council, November 8, 2022 (part 3 of 3)

WHEREAS, amendments to the Zoning Map (A-22-003) are proposed for consistency with the Draft Housing Element; and
WHEREAS, the City circulated the Draft Housing Element for a 30-day public review period from June 13, 2022 to July 13, 2022 in compliance with State of California Government Code Section 65583. The Draft Housing Element was available for review on the City’s website; and
WHEREAS, the Planning Commission reviewed a Staff Report dated July 7, 2022 and the Draft Housing Element and amendments, prior to initial submittal to HCD, at a noticed meeting on June 7, 2022 during the 30-day comment period; and
WHEREAS, the public and the Planning Commission had the opportunity to present written and oral comments on the Draft Housing Element and amendments; and WHEREAS, the Draft Housing Element was revised and posted on the City’s website on July 28, 2022 and submitted to HCD for a 90-day review period; and WHEREAS, the General Plan amendments are shown in Exhibit A and B, attached hereto and made part hereof; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), an Addendum to the 2040 General Plan was prepared for the Draft Housing Element amendments; and
WHEREAS, pursuant to Section 65854 of the Government Code, the Planning Commission held a duly noticed public hearing on the Project on October 20, 2022 at which time all interested parties had the opportunity to be heard. The Planning Commission considered the Draft Housing Element amendments and EIR Addendum, a staff report dated October 20, 2022, and all written and oral testimony; and
WHEREAS, a staff report, dated October 20, 2022 and incorporated herein by reference, described and analyzed the Draft Housing Element amendments and EIR Addendum for the Planning Commission; and
WHEREAS, the Planning Commission adopted Resolution No. 18-22 recommending that the City Council adopt an Addendum to the 2040 General Plan Environmental Impact Report associated with the amendments; and
WHEREAS, the Planning Commission adopted Resolution No. 19-22 recommending City Council approve General Plan Amendment AG-22-003, associated with the Draft Housing Element; and
WHEREAS, a staff report, dated November 8, 2022 and incorporated herein by reference, described and analyzed the Draft Housing Element amendments and Addendum for the City City Council/RSA Agenda 286 Tuesday, November 8, 2022
City Council Resolution No. #__-22
AG-22-003

Page 3 of 4 ends

Council; and
WHEREAS, the City Council reviewed the staff report, and the Draft Housing Element amendments and Addendum at a noticed public hearing on November 8, 2022, at which time all interested parties had the opportunity to be heard; and WHEREAS, the City Council adopted Resolution XXXX-22, dated November 8, 2022 and incorporated herein by reference, adopting an Addendum to the 2040 General Plan Environmental Impact Report for the Draft 2023-2031 Housing Element Amendments; and NOW, THEREFORE, BE IT RESOLVED, that the foregoing recitals are true and correct and made a part of this resolution.

BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby approves General Plan Amendment, AG 22-003, to amend the General Plan as contained in Exhibit A and does hereby find as follows:

1. Pursuant to Government Code Section 65358(a), that the proposed General Plan Amendment is in the public interest because the amendment will further the goals and policies of the General Plan to promote a mix of housing types and affordability throughout the city that meets the needs of existing and future residents, and include a mix of housing types within neighborhoods to promote a diversity of household types and housing choices for residents of all ages and income levels.

City Council/RSA Agenda 287 Tuesday, November 8, 2022
City Council Resolution No. #__-22
AG-22-003

Page 4 of 4 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 8
th day of November 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 288 Tuesday, November 8, 2022
UNION CITY 2040 GENERAL PLAN AMENDMENTS
SECTION 1: LAND USE ELEMENT, PAGE: 97
Existing language:

This designation allows a mix of employment uses, including but not limited to light industrial, research and development, office, and “flex” space, as well as supportive commercial uses that are vertically or horizontally integrated. Residential/commercial mixed use development may be allowed where it has been identified by the City as part of the development of an Area Plan (see Program SA-7A). The Employment Mixed-use designation is intended to foster innovation and emerging technologies; promote the creation of an employment district with travel patterns that are oriented toward pedestrian, transit, and bicycle use; and provide amenities to employees as well as surrounding neighborhoods. The allowed floor area ratio (FAR) range for buildings located in this designation is between 0.40 and 2.0.

Proposed amendment:

This designation allows a mix of employment uses, including but not limited to light industrial, research and development, office, and “flex” space, as well as supportive commercial uses that are vertically or horizontally integrated. Residential/commercial mixed-use development may be allowed where it has been identified by the City as part of the development of an Area Plan (see Program SA-7A). The Employment Mixed-use designation is intended to foster innovation and emerging technologies; promote the creation of an employment district with travel patterns that are oriented toward pedestrian, transit, and bicycle use; and provide amenities to employees as well as surrounding neighborhoods. The allowed floor area ratio (FAR) range for buildings located in this designation is between 0.40 and 2.0.

SECTION 2: DELETE POLICY LU-5.9, PAGE 115:

Existing language:

LU-5.9 Increased Density on Diamond Mine Site
The City shall allow residential development up to 20 units per acre on the site of the Diamond Mine Mini Storage (APN 482-27-7-13)
Proposed language:

LU-5.9 Increased Density on Diamond Mine Site
The City shall allow residential development up to 20 units per acre on the site of the Diamond Mine Mini Storage (APN 482-27-7-13)
Attachment 2 Exhibit A
City Council/RSA Agenda 289 Tuesday, November 8, 2022
SECTION 3: AMEND FIGURE SA-1: SPECIAL AREAS, PAGE 285
Existing Figure SA-1:

Proposed Figure SA-1:

City Council/RSA Agenda 290 Tuesday, November 8, 2022
SECTION 4: AMEND POLICY SA-7, SPECIAL AREAS ELEMENT, PAGE 314 Existing language:

SA-7.3 Area Plan for the Union City Boulevard District
The City shall prepare and adopt an Area Plan in collaboration with the public for the transformation of the Union City Boulevard District. The plan shall incorporate the following features:
a. Maintains a primary focus on employment uses;
b. Allows residential uses only as part of mixed-use development components, ensuring that the residential development is physically and functionally integrated with surrounding employment uses and is designed to be compatible with existing industrial and office uses as well as adjacent single family neighborhoods. Ensure that any allowed residential development allowed achieves an average density of no less than 45 units per acre.
c. Sites the highest intensity uses and tallest buildings in the district along Union City Boulevard and requires adjacent buildings to front on the Boulevard; d. Provides for a circulation network that creates an efficient and connected grid and takes into account the planned grade separation of the railroad tracks, consolidates entry points along Union City Boulevard, provides for a new signal along the Boulevard, upgrades pedestrian and bicycle access, and improves access without negatively impacting the operations of the adjacent Lincoln-Alvarado Business Park; e. Plans for transit-supportive uses; and
f. Specifies landscape, streetscape, and infrastructure improvements to support existing and new development within the district.

The Area Plan shall be prepared and adopted prior to allowing residential uses in the UCB District.

Proposed language:

SA-7.3 Area Plan for the Improvements to the Union City Boulevard District The City shall prepare and adopt an Area Plan in collaboration with the public for support the transformation of the Union City Boulevard District by incorporating the following improvements as new development occurs. The plan shall incorporate the following features:
a. Maintains a primary focus on employment uses;
b. Allows residential uses only as part of mixed-use development components, ensuring that the residential development is physically and functionally integrated with surrounding employment uses and is designed to be compatible with existing industrial and office uses as well as adjacent single family neighborhoods. Ensure that any allowed residential development allowed achieves an average density of no less than 45 units per acre.

City Council/RSA Agenda 291 Tuesday, November 8, 2022
cb. Sites the highest intensity uses and tallest buildings in the district along Union City Boulevard and requires adjacent buildings to front on the Boulevard to the extent feasible;
dc. Provides for a circulation network that creates an efficient and connected grid and takes into account the planned grade separation of the railroad tracks, consolidates entry points along Union City Boulevard, provides for a new signal along the Boulevard, upgrades pedestrian and bicycle access, and improves access without negatively impacting the operations of the adjacent Lincoln-Alvarado Business Park; ed. Plans for transit-supportive uses; and
fe. Specifies Provide landscape, streetscape, and infrastructure improvements to support existing and new development within the district.

The Area Plan shall be prepared and adopted prior to allowing residential uses in the UCB District.

SECTION 5: DELETE PROGRAM SA-7.A, SPECIAL AREAS ELEMENT, PAGE 346 Existing language:

SA-7.A Union City Boulevard Area Plan
The City shall prepare and adopt an Area Plan for the transformation of the Union City Boulevard District. The plan shall include:
a. A land use and design plan to show how the mix of uses within the district will be physically and functionally integrated, including consideration for the location of residential/ commercial mixed-use within the area;
b. A detailed circulation plan that addresses the grade separation of the railroad tracks, internal circulation, and pedestrian and bicycle improvements; c. A unified landscape and streetscape plan; and d. An infrastructure improvement and financing plan. The City shall develop a program to recoup the cost of preparing the plan.
| Responsibility: Public Works, Economic and Community Development Department | Time Frame: FY 21/22
Proposed language:

SA-7.A Union City Boulevard Area Plan
The City shall prepare and adopt an Area Plan for the transformation of the Union City Boulevard District. The plan shall include:
a. A land use and design plan to show how the mix of uses within the district will be physically and functionally integrated, including consideration for the location of residential/ commercial mixed-use within the area;
City Council/RSA Agenda 292 Tuesday, November 8, 2022
b. A detailed circulation plan that addresses the grade separation of the railroad tracks, internal circulation, and pedestrian and bicycle improvements; c. A unified landscape and streetscape plan; and d. An infrastructure improvement and financing plan. The City shall develop a program to recoup the cost of preparing the plan.
| Responsibility: Public Works, Economic and Community Development Department | Time Frame: FY 21/22
SECTION 6: AMEND FIGURE SA-7.1: UNION CITY BLVD. DISTRICT GENERAL PLAN LAND USE, PAGE 311 Existing Figure SA-7.1:

City Council/RSA Agenda 293 Tuesday, November 8, 2022
Proposed Figure SA-7.1:

SECTION 7: AMEND TEXT DESCRIPTION OF UNION CITY BOULEVARD DISTRICT, PAGE 311 Existing Text:

The Union City Boulevard (UCB) District is a 65-acre largely industrial area located in northwestern Union City between the Historic Alvarado District and Whipple Road. Most structures along the corridor are large one- to two-story warehouses and industrial buildings set back from the street. Union City Boulevard is a highly automobile-dominated corridor and is often used by commuters as an alternate route to Interstate 880. Currently, (2019) there is a need for safer and more inviting pedestrian and bicycle facilities. Most buildings have surface parking fronting the street, and on-street curb-cuts are frequent. High traffic speeds along the corridor also contribute to an uninviting experience for pedestrians.

Proposed Text:

The Union City Boulevard (UCB) District is a 6558-acre largely industrial area located in northwestern Union City between the Historic Alvarado District and Whipple Road. Most structures along the corridor are large one- to two-story warehouses and industrial buildings set back from the street. Union City Boulevard is a highly automobile-dominated corridor and is often used by commuters as an alternate route to Interstate 880. Currently, (2019) there is a need for safer and more inviting pedestrian and bicycle facilities. Most buildings have surface parking fronting the street, and on-street curb-cuts are frequent. High traffic speeds along the corridor also contribute to an uninviting experience for pedestrians.

City Council/RSA Agenda 294 Tuesday, November 8, 2022
SECTION 8: AMEND FIGURE SA-11.1: HISTORIC ALVARADO DISTRICT GENERAL PLAN LAND USE, PAGE 328
Existing Figure SA-11.1:

Proposed Figure SA-11.1:

City Council/RSA Agenda 295 Tuesday, November 8, 2022
SECTION 9: AMEND FIGURE SA-11.2: HISTORIC ALVARADO DISTRICT SUB-AREAS, PAGE 331 Existing Figure SA-11.2:

Proposed Figure SA-11.2:

City Council/RSA Agenda 296 Tuesday, November 8, 2022
SECTION 10: AMEND POLICY ED-1.4, ECONOMIC DEVELOPMENT ELEMENT, PAGE 31 Existing language:

ED-1.4 Evaluate Re-Designation of Industrial and Commercial Land Any re-designation of industrial or commercial lands to alternative uses shall be considered in a comprehensive manner that evaluates the impact on public services (i.e., parks, police, and fire), sales tax, property tax, and the reduction of land that is dedicated to business activities.

Proposed language:

SECTION 11: AMEND PROGRAM ED-1.B, ECONOMIC DEVELOPMENT ELEMENT, PAGE 49 Existing language:

ED-1.B Industrial Land Conversion Decision Matrix
The City shall develop a decision matrix to evaluate any proposed rezoning of industrial or commercial lands to alternate uses. The matrix shall include scoring criteria to help decision makers evaluate the potential impacts of the proposed conversion. The evaluation shall not apply to sites identified as part of the Housing Element. | Responsibility: Economic and Community Development Department, Economic Development Advisory Team (EDAT) | Time Frame: FY 203/214
City Council/RSA Agenda 297 Tuesday, November 8, 2022
Attachment 2 Exhibit B
1 General Plan Amendment Figures
Proposed GP: Corridor Mixed Use
(CMU)
Existing GP: Commercial (C)
SITE LM-7: WHIPPLE AND LISTON WAY
ADDRESS: 1780 WHIPPLE RD
475-141-13-2 475-141-13-2
Existing GP: Commercial (C) Proposed GP: Corridor Mixed Use (CMU)
SITE LM-8: WHIPPLE AND MEDALLION DRIVE
ADDRESS: 1800 WHIPPLE RD
475-141-2 475-141-2
City Council/RSA Agenda 298 Tuesday, November 8, 2022
Attachment 2 Exhibit B
2 Proposed GP: Residential (17-30
du/acre)
Existing GP: Residential (17-30 du/ac)
and Commercial (C)
SITE LM-9: WHIPPLE/CEMEX SITE
ADDRESS: 920, 900, 884, 854, 884 WHIPPLE ROAD
486-18-69
486-18-61
486-18-70
486-18-71
486-18-63
486-18-62
486-18-60
486-18-69
486-18-61
486-18-70
486-18-71
486-18-63
486-18-62
486-18-60
486-18-59
Proposed GP: Corridor Mixed Use
(CMU)
Existing GP: Commercial (C)
SITE LM-10: MISSION AND TAMARACK DRIVE SITE
ADDRESS: 33090 MISSION BOULEVARD
87-36-148 87-36-148
87-36-149 87-36-149
486-18-59
486-18-65-2
486-18-64
486-18-65-2
486-18-64
City Council/RSA Agenda 299 Tuesday, November 8, 2022
Attachment 2 Exhibit B
3 Proposed GP: Residential (10-17
du/acre)
Existing GP: Residential (3-6 du/acre)
SITE LM-12: VALLEJO ST. AND GRANGER AVE. SITE
ADDRESS: 30793 VALLEJO STREET
483-10-12-1 483-10-12-1
Proposed GP: Residential (17-30 du/acre) Existing GP: Residential (10-17 du/acre) SITE LM-14: DIAMOND MINE MINI-STORAGE SITE
ADDRESS: 4400 HORNER STREET
482-27-16-1 482-27-16-1
City Council/RSA Agenda 300 Tuesday, November 8, 2022
Attachment 2 Exhibit B
4 Proposed GP: Village Mixed Use
Commercial (VMU)
Existing GP: Mixed Use Employment
(EMU)
SITE LM-15: UNION CITY BOULEVARD SITE
ADDRESS: 30500-30600 UNION CITY BOULEVARD
City Council/RSA Agenda 301 Tuesday, November 8, 2022
ATTACHMENT 3
ORDINANCE NO. XXXX-22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING ZONING TEXT AMENDMENT (AT-22-006) TO UPDATE TITLE 18, ZONING, FOR CONSISTENCY WITH THE 2023-2031 DRAFT HOUSING ELEMENT INCLUDING CREATION OF CHAPTER 18.27 AND RELATED MISCELLANEOUS UPDATES TO CHAPTERS 18.35 and 18.36
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 Ordinance (Title 18) currently regulates the uses allowed within the City.

PLANNING COMMISSION REVIEW
WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed amendments on October 20, 2022, at which time all interested parties had the opportunity to be heard. The Planning Commission considered a staff report dated October 20, 2022 and all written and oral testimony, and adopted Resolution No. 20-22 recommending approval of the amendments. The staff report and resolution are incorporated herein by reference; and

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.

City Council/RSA Agenda 302 Tuesday, November 8, 2022
Ordinance No. XXX-22
AT-22-006

Page 2 ends

SECTION 2. CEQA. The City Council adopted Resolution XXXX-22, dated November 8, 2022, and incorporated herein by reference, adopting an Addendum to the 2040 General Plan Environmental Impact Report for the Draft 2023-2031 Housing Element Amendments.

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 as described above and 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 with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.

City Council/RSA Agenda 303 Tuesday, November 8, 2022
Ordinance No. XXX-22
AT-22-006

Page 3 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 8th day of November 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 304 Tuesday, November 8, 2022
1 Chapter 18.27 VILLAGE MIXED USE (VMU) DISTRICT
● 18.27.010 Purpose.
● 18.27.020 Permitted uses.
● 18.27.030 Conditional uses.
● 18.27.040 Accessory Uses
● 18.27.050 Tobacco products.
● 18.27.060 Performance standards.
● 18.27.070 Walls, fences, and hedges.
● 18.27.080 Minimum site area.
● 18.27.090 Density.
● 18.27.100 Site floor area ratio.
● 18.27.110 Frontage, width and depth of site.
● 18.27.120 Lot coverage.
● 18.27.130 Front yard setback.
● 18.27.140 Side yard setback.
● 18.27.150 Rear yard setback.
● 18.27.160 Height of structures.
● 18.27.170 Design criteria.
● 18.27.180 Off-street parking.
● 18.27.190 Off-street loading.
● 18.27.200 Landscaping.
● 18.27.210 Residential Open space.
● 18.27.220 Signs, marquees, awnings.

18.27.010 Purpose.

The purpose of the village mixed use (VMU) district is to create neighborhood-serving commercial centers where commercial uses are the primary use, but mixed-use residential development is allowed to support the commercial uses and create vibrant places for people to live, work, shop, and play. This designation applies to sites considered to be within the boundary of the Historic Alvarado District.

18.27.020 Permitted uses.

The following uses shall be permitted:

A. Accessory dwelling units consistent with Chapter 18.34.

B. Civic facilities.

C. Commercial uses, located in a stand-alone/in-line building, or incorporated into the ground floor of a residential or office mixed use development, including:

Attachment 3 Exhibit A
City Council/RSA Agenda 305 Tuesday, November 8, 2022
2 1. Art studios;

2. Body art;

3. Banks/savings and loans, excluding check cashing businesses;

4. Business services;

5. Civic facilities;

6. Educational and instruction uses (business, beauty, computer, dance, martial arts, etc.) with an occupant load of less than fifty (50) through the Uniform Building Code;

7. Entertainment and recreation uses (excluding video arcades, pool rooms/halls and dance halls) with an occupant load of less than fifty (50) through the Uniform Building Code;

8. Fitness uses with an occupant load of less than fifty (50) through the Uniform Building Code;

9. Florists;

10. Food service, such as full-service/sit-down restaurants, quick service restaurants, and retail and carry out food stores;

11. Food stores excluding convenience markets;

12. General merchandise/retail stores, excluding adult business stores, clearance center/dollar stores, pawn shops, second hand/thrift stores, and retail tobacco stores;

13. Health services (medical, dental, physical therapy and pharmacies);

14. Live music (non-amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(A);

15. Miscellaneous small repair services (watches, clocks, jewelry, small countertop appliances);

16. Office uses;

17. Outdoor dining areas subject to the provisions listed in Section 18.39.055.

18. Personal services, such as laundry, dry cleaning, beauty parlor, barbershop, nail salon, shoe repair, travel agency, tailor, photography studio, and similar uses excluding massage; and

19. Pet grooming (no overnight boarding of animals);
D. Home occupations subject to the conditions listed in Section 18.32.020 (G).

City Council/RSA Agenda 306 Tuesday, November 8, 2022
3 E. Office mixed use developments with ground floor commercial uses identified in Section 18.27.020 (C).

F. Residential uses that do not have frontage on Smith Street, Union City Boulevard, or Horner Street; and residential uses located above ground floor commercial uses (identified in Section 18.27.020 (C)) with frontage on Smith Street, Union City Boulevard, and Horner Street;
G. Any other use determined by the Director to be essentially the same or very similar to the above permitted uses. In making this determination, the Director shall make the findings required by Section 18.52.060, Addition of uses.

18.27.030 Conditional uses.

The following conditional uses shall be permitted in the VMU district upon the granting of a use permit:

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

1. Child Day care facilities;

2. Live music (amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(B);

3. Outdoor activities located in private and public plazas;

4. Outdoor displays in conjunction with an existing adjacent business;

5. Sidewalk cafes with outdoor dining and seating areas subject to the standards of Section 18.36.190 (sidewalk café standards); and

6. Any other use determined by the Zoning Administrator to be essentially the same or very similar to the above permitted uses. In making this determination, the findings required under Section 18.52.060 shall be addressed.

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

1. Bars, comedy clubs, nightclubs, and lounges;

2. Convenience markets;

3. Entertainment and recreation uses with an occupant load of 50 or more through the Uniform Building Code;

4. Farmers markets, when coordinated in conjunction with the City or Chamber of Commerce;

5. Liquor stores;
City Council/RSA Agenda 307 Tuesday, November 8, 2022
4 7. Massage;

8. Veterinarian offices and small animal hospitals including short-term overnight boarding of animals for medical purposes, provided that that all operations are conducted within a completely enclosed building; there is sufficient air conditioning and soundproofing to effectively confine odors and noise so as not to interfere with the public health, safety, and welfare; and there is no walking of animals outside of the property; and

9. Any other use determined by the Planning Commission to be essentially the same or very similar to the above permitted uses. In making this determination, the findings required under Section 18.52.060 shall be addressed.

18.27.040 Accessory uses.

A. Accessory structures and uses customarily incidental to any of the above permitted uses when located on the same lot are permitted.

B. Accessory structures and uses customarily incidental to any of the above conditional uses when located on the same lot are permitted only upon the granting of a conditional use permit pursuant to the provisions of Chapter 18.56.

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

18.27.050 Tobacco products.

The sale, donation, or distribution of tobacco products, regardless of floor area, shall be prohibited within one thousand (1,000) feet of “sensitive uses.” Distance shall be measured from the closest exterior wall of the structure or portion of the structure in which tobacco is sold, donated, or distributed to the property line of the “sensitive use.”

18.27.060 Performance standards.

A. All business, services, and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas and solid waste/recycling enclosures. Outdoor storage is prohibited. Incidental equipment that is necessary to conduct the operation of the business and that is required to be installed outdoors may be allowed subject to approval by the Director or decision maker.

B. All development shall comply with Chapter 7.04 related to management of solid waste, organic waste, and recyclable materials. Solid waste, organic waste and recycling enclosures shall comply with Section 7.04.055 and shall be enclosed within the building or screened by a solid wall so as to not be visible from public streets.

C. Site shall be maintained in good order at all times and consistent with project conditions of approval (if applicable). This shall include, but is not limited to, maintenance and repair of all on-site structures including building façade materials or City Council/RSA Agenda 308 Tuesday, November 8, 2022
5 paint, fencing/walls, signage, paved areas including sidewalks and driveways, and landscaping, as may be necessary to preserve a high quality aesthetic for the area.

D. Only one (1) driveway per parcel shall be permitted for each street frontage except that additional driveways may be permitted if determined by the Public Works Department that additional driveways are necessary to facilitate on-site traffic circulation.

18.27.070 Walls, fences, and hedges.

Walls, fences, or hedges over three (3) feet in height are subject to review and approval through the site development review or administrative site development review process.

No walls, fences, or hedges shall exceed six (6) feet unless a greater height is required for noise attenuation or screening of waste/recycling enclosures, mechanical equipment, loading facilities. Where a site adjoins an OS, MS, CF, PI, or residential (R) district, a solid masonry wall six (6) feet in height shall be located on the shared property line.

18.27.080 Minimum site area.

A minimum site area of not less than five thousand (5,000) square feet shall be required.

18.27.090 Density
For residential and mixed-use development, a minimum of thirty (17) units per acre is required and a maximum of thirty (30) units per acre is permitted. The minimum site area per dwelling unit is 1,452 square feet.

18.27.100 Site floor area ratio.

For all nonresidential uses, the minimum floor area ratio (FAR) shall be 0.3 and the maximum shall be 1.0. The maximum FAR for mixed-use development is 1.5, inclusive of residential and nonresidential uses.

18.27.110 Frontage, width and depth of site.

No minimum site frontage, depth, and width shall be required.

18.27.120 Lot coverage.

The amount of the site area covered by structures shall not be restricted provided the development meets all applicable standards.

18.27.130 Front yard setback.

No front yard setback shall be required, except as follows:

City Council/RSA Agenda 309 Tuesday, November 8, 2022
6 A. On Union City Boulevard, the front yard setback shall be five (5) feet from the property line and a minimum of fifteen (15) feet from the face of curb to ensure a comfortable pedestrian environment.

18.27.140 Side yard setback.

No side yard setback shall be required, except as follows:

A. Where the side property line of a site adjoins property in a R, RS or RM district, a side yard setback of not less than twenty (20) feet adjoining the residential district shall be required.

18.27.150 Rear yard setback.

No rear yard shall be required, except as follows:

A. Where the rear property line of a site adjoins property in a R, RS or RM district, a rear yard of not less than twenty (20) feet adjoining the residential district shall be required.

18.27.160 Height of structures.

The maximum height of buildings shall be forty (40) feet. The height limit may be increased to a maximum of fifty (50) feet subject to a use permit. Before the approval of any structure which exceeds forty (40) feet, the decision maker must make a finding that any such excess height will not be detrimental to the light, air or privacy of any other structure or use within the surrounding area.

18.27.170 Design criteria.

In order to encourage commercial revitalization and development in the Historic Alvarado area in a manner that is consistent with the vision for the Historic Alvarado District, the design of new buildings and the rehabilitation of existing or relocated buildings shall be guided by the following design and siting criteria:

A. General Criteria.

1. All new construction and all rehabilitation or remodeling of buildings should stress the “Old California Town” theme. Careful attention should be given to the scale and bulk of buildings in order to maintain and enhance the character and livability of the area.

2. Private improvements should complement and exploit the public investment in area improvements to the fullest extent.

3. Weather protection in the form of shade trees, awnings, and overhangs should be provided. Long distances with no weather protection should be avoided.

City Council/RSA Agenda 310 Tuesday, November 8, 2022
7 4. Development design should feature continuous building frontage unbroken by wide openings created by parking areas, and emphasis should be given to building and sidewalk amenities that will attract foot traffic.

5. Scale should be maintained in parking lots. Wherever feasible these should be located to the rear of buildings, and should be broken up by planted areas and shade trees to give a sense of human scale and provide amenities.

6. Extensive landscaping should be provided along street frontages.

7. Sign sizes and placement should be coordinated to avoid the clutter created by signs of unrelated size and shape.

8. The Planning Commission may grant relief from the off-street parking requirements, if it can be demonstrated that sufficient parking is available off-site to service the proposed use.

B. Smith Street Commercial Area Criteria.

1. Efforts should be made to retain as many of the good older structures as possible and to reintroduce the character of early California more fully. Where feasible, Victorian or Carpenter Victorian buildings should be moved in from other areas to fill in some vacant properties and provide shop and office space.

2. The relatively small and intimate scale of Smith Street should be retained.

Large, bulky structures which would be out of scale with the street and would dominate existing buildings should be avoided.

3. New and relocated buildings should be placed close to the street to maximize continuous frontage and encourage foot traffic.

4. Where parking lots are located to the rear of buildings, attractive rear entrances should be provided.

5. Exterior treatment of buildings should feature a coordinated color scheme to be implemented as existing structures are remodeled or repainted and new buildings constructed.

C. Union City Boulevard Commercial Area Criteria.

1. Building sizes should be large enough to maintain a good scale relationship with the width of the boulevard.

2. Buildings should be placed close to the front property lines to visually reduce the barren expanse of boulevard pavement.

3. Extensive landscaping should be provided along the street frontage.

City Council/RSA Agenda 311 Tuesday, November 8, 2022
8 4. Development design may feature varied setbacks to accommodate small garden courts and landscaped areas along the street frontage as a means of enhancing the street scene and encourage foot traffic.

5. Exterior treatment of new and remodeled buildings should favor natural materials and earth colors which have a softening influence as opposed to hard concrete and slick surfaces.

18.27.180 Off-street parking.

Parking shall be required subject to the following:

A. Residential Use. Provide automobile and bicycle parking consistent with the RM 1500 zoning district per Section 18.32.160, except that one hundred percent (100%) affordable rental developments may provide off-street parking pursuant to the standards contained in Section 18.32.160(B)(5).

B. Commercial Uses. Provide automobile and bicycle parking at commercial district standards per Section 18.36.150. For commercial uses on the ground floor as part of a mixed-use development, shared parking shall be evaluated on a case-by-case basis.

18.27.190 Off-street loading.

A. Adequate loading docks and/or berths shall be provided on-site to serve the use.

Such facilities shall be located on the rear or side of the building, be screened from the public right-of-way, and are subject to review and approval through the site development review or administrative site development review process.

B. Adequate loading zones shall be provided along the street frontage(s).

18.27.200 Landscaping
A. New landscaping and modifications to existing landscaping shall comply with the provisions listed in Chapter 18.112 and the Landscape Standards Policy Statement.

Approved landscaping shall be maintained for the life of the project including replacement of dead, dying or deficient landscaping.

B. Projects that include development of a vacant site or substantial modification of a developed site, shall provide landscaped areas that measure a minimum ten percent (10%) of the project site area. Projects that cannot provide the minimum amount of required landscaping may pay a landscape in-lieu fee in the amount set forth in the City’s Master Fee Schedule subject to approval through the site development review process.

18.27.210 Residential Open space
All residential and mixed-use development shall provide residential open space features, such as courtyards, pool and spa areas, recreation facilities, and picnic and play areas for use by the tenants/owners.

City Council/RSA Agenda 312 Tuesday, November 8, 2022
9 18.27.220 Signs, marquees, awnings.

Signage shall be consistent with Chapter 18.30 and any approved sign plan or planned sign program. Signage shall be designed as an integral element of a building’s architecture and shall be compatible, including color and scale, with the building. A sign plan or planned sign program, consistent with Section 18.30.100, shall be required for any development. Blade signs may project over the sidewalk to indicate and demarcate commercial uses and increase pedestrian interest, subject to approval of an encroachment permit by the Public Works Department.

Chapter 18.35 CORRIDOR MIXED USE COMMERCIAL (CMU) DISTRICT

18.35.010 Purpose.

The purpose of the Corridor Mixed Use Commercial (CMU) district is to establish a mixed use residential/commercial district of high-density residential, commercial and office uses by intensifying the land use and providing opportunities for new mixed use (residential and commercial/office) developments. (Ord. 875-20 § 4, 2020)

18.35.020 Permitted uses.

The following uses shall be permitted:

A. Residential uses with a minimum density of seventeen (17) units per acre and a maximum density of forty-five (45) units per acre with activated ground floor uses including, but not limited to, residential amenity space, leasing office, lobby, and business center.

B. Residential mixed-use developments with a minimum density of seventeen (17) units per acre and a maximum density of forty-five (45) units per acre with ground floor commercial uses located along the primary frontage.

C. Commercial Uses on the Ground Floor as Part of a Residential Mixed Use Development.

1. Banks/savings and loans, excluding check cashing businesses;

2. Business services;

3. Office uses;

4. Civic facilities;

5. Food, such as restaurants and cafés, quick service, full service, bakeries with retail sales, retail and carry-out;

6. Food stores, up to twenty-five thousand (25,000) square feet, excluding convenience markets;
City Council/RSA Agenda 313 Tuesday, November 8, 2022
10 7. General merchandise/retail stores, excluding adult business stores, clearance center/dollar stores, pawn shops, second hand/thrift stores, and retail tobacco stores;

8. Health clubs;

9. Health services, such as medical, dental, optical, physical therapy and pharmacies;

10. Live music (non-amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(A);

11. Personal services, such as laundry, dry cleaning, beauty parlor, barbershop, nail salon, body art, shoe repair, travel agency, tailor, photography studio, and similar uses; and

12. Any other use determined by the Director to be essentially the same or very similar to the above permitted uses. In making this determination, the findings required under Section 18.52.060 shall be addressed.

D. Commercial and/or Office Uses Not Part of a Residential Mixed Use Development.

1. Any commercial use permitted in the CC District.

E. Any other use determined by the Director to be essentially the same or very similar to the above permitted uses. In making this determination, the findings required under Section 18.52.060 shall be addressed. (Ord. 875-20 § 4, 2020)

18.35.030 Conditional uses.

The following conditional uses shall be permitted in the CMU Zoning District upon the granting of a use permit:

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

1. Child day care facilities;

2. Educational and instructional uses (business, beauty, computer, dance, martial arts) with an occupant load of fifty (50) or more through the Uniform Building Code;

3. Exterior sidewalk ATMs (automated teller machines), when there is adequate security and lighting and adequate queuing area that does not impede pedestrian or vehicular traffic flow (drive-thru ATMs are not permitted);

4. Outdoor displays, such as flowers or newspapers, in conjunction with an existing adjacent business;

5. Sidewalk cafés per Section 18.36.190;

6. Veterinary offices and small animal hospitals including short-term overnight boarding of animals for medical purposes and incidental care such as bathing and City Council/RSA Agenda 314 Tuesday, November 8, 2022
11 trimming, provided that all operations are conducted within a completely enclosed building;

7. All other uses determined by the Zoning Administrator to be essentially the same or very similar to the above conditionally permitted uses. In making this determination, the findings required under Section 18.52.060 shall be addressed.

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

1. Bars, comedy clubs, nightclubs, and lounges;

2. Commercial recreation facilities;

3. Convenience markets;

4. Entertainment and recreation uses with an occupant load of fifty (50) or more through the Uniform Building Code;

5. Fast food/quick service restaurant, full service/sit down restaurant, and retail and carry out;

6. Health services (including, but not limited to: laboratories, drug treatment clinics, palm reading);

7. Live music (amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(B);

8. Lodging, hotels and motels;

9. Massage;

10. Retail tobacco store, only where located more than one thousand (1,000) feet from another such use and a “sensitive use.” Distance shall be measured from the closest exterior wall of the structure or portion of the structure in which the use is located to the property line of the “sensitive use”;

11. Service stations with the following operational characteristics:
a. All operations, except for the sale of gasoline and the washing of automobiles, are conducted in a building enclosed on at least three (3) sides, pump islands located no closer than twenty (20) feet to any property line, and alcoholic beverages not sold on site;
b. Gas station marketeers subject to the provisions of the Gas Station Marketeer Policy Statement;

12. Any other use determined by the Planning Commission to be essentially the same or very similar to the above permitted uses. In making this determination, the findings required under Section 18.52.060 shall be addressed.

City Council/RSA Agenda 315 Tuesday, November 8, 2022
12 C. Approval by City Council (refer to Chapter 18.56 for a detailed description of the use permit process).

1. Mixed use residential developments. (Ord. 875-20 § 4, 2020)

18.35.040 Performance standards.

A. All business, services, and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas, approved sidewalk cafés, and approved outdoor displays.

B. Additions and modifications to commercial or residential projects, which are subject to the provisions of Chapter 18.76, Site Development Review, shall be designed to integrate with the existing project in terms of siting and architectural design. Aboveground utility installations, when permitted through specific site development review, shall be screened from public view. Roof top equipment, with the exception of solar energy equipment, shall be screened by architecturally-designed panels which are in proportion and scale with the roof line of the building.

C. Trash and refuse collection facilities and disposal facilities shall be enclosed within the building or screened by a solid wall and not be visible from public streets.

D. All development shall comply with the provisions listed in Chapter 7.04 regarding management of waste and recyclable materials. (Ord. 875-20 § 4, 2020)

18.35.050 Walls, fences, and hedges.

Walls, fences, or hedges over three (3) feet in height are subject to review and approval through the administrative site development (ASD) review or site development (SD) review process. No walls, fences, or hedges shall exceed six (6) feet unless for the purposes of screening trash and loading facilities, or as required for sound attenuation. (Ord. 875-20 § 4, 2020)

18.35.060 Minimum site area.

A minimum site area of not less than twenty thousand (20,000) square feet shall be required. (Ord. 875-20 § 4, 2020)

18.35.070 Site area per dwelling unit.

A minimum of seventeen (17) units per acre and a maximum of forty-five (45) units per acre is permitted. The minimum site area per dwelling unit shall be nine-hundred sixtyeight (968) square feet. (Ord. 875-20 § 4, 2020)

18.35.080 Floor area ratio (FAR).

The minimum FAR shall be 0.5 and the maximum shall be 1.5 for mixed use developments. The minimum FAR shall be 0.3 and the maximum shall be 1.0 for standalone nonresidential uses. (Ord. 875-20 § 4, 2020)

18.35.090 Frontage, width and depth of site.

Every lot shall have a minimum width of at least two hundred (200) feet and a minimum depth of one hundred fifty (100) feet. (Ord. 875-20 § 4, 2020) City Council/RSA Agenda 316 Tuesday, November 8, 2022
13 18.35.100 Lot coverage.

The amount of the site area covered by structures shall not be restricted. (Ord. 875-20 § 4, 2020)

18.35.110 Front yard.

For lots with frontage on Mission Boulevard, Mission Boulevard shall be considered the front yard. Front yard setbacks shall be fifteen (15) feet from the face of the parking curb and five (5) feet from the property line to ensure a comfortable pedestrian environment. (Ord. 875-20 § 4, 2020)

18.35.120 Side yards.

No side yards shall be required, subject to the following exceptions:

A. On the side street side of a corner site, a side yard of not less than ten (10) feet shall be required.

B. One (1) foot shall be added at ground level to each interior side yard for each three (3) feet of height by which the structure exceeds twelve (12) feet. (Ord. 875-20 § 4, 2020)

18.35.130 Rear yards.

A minimum rear yard setback of ten (10) feet shall be required. (Ord. 875-20 § 4, 2020)

18.35.140 Height of structures.

The maximum height of buildings shall be fifty-five (55) feet, excluding non-habitable architectural features, mechanical penthouses and elevator towers; provided, that they do not exceed twenty-five percent (25%) of the roof area of the building. (Ord. 875-20 § 4, 2020)

18.35.150 Design criteria.

The design of new buildings and the rehabilitation of existing or relocated buildings shall be guided by the following design and siting criteria:

A. All new development and all rehabilitation or remodeling of buildings should stress the California Mission style architecture and should provide landscaping to minimize the impression that this roadway is a dividing line in the City.

B. Private improvements should complement and exploit the public investment in area improvements to the fullest extent such as, but not limited to, sidewalk improvements, the undergrounding of overhead utilities, and improved street lighting.

C. Weather protection in the form of shade trees, awnings and overhangs should be provided to extent feasible. Long distances with no weather protection should be avoided.

D. Development designs should feature building frontages unbroken by wide openings created by parking areas, and emphasis should be given to building and sidewalk amenities that will attract foot traffic.

City Council/RSA Agenda 317 Tuesday, November 8, 2022
14 E. Scale should be maintained in parking lots. Wherever feasible these should be located to the rear of buildings, and should be broken up by planted areas and shade trees to give a sense of human scale and provide amenities.

F. Where parking lots are located to the rear of buildings, attractive rear entrances should be provided.

G. Extensive landscaping should be provided along the street frontage.

H. Development design may feature varied setbacks to accommodate small garden courts and landscaped areas along the street frontage as a means of enhancing the street scene and encouraging foot traffic.

I. Exterior treatments of new and remodeled buildings should favor natural materials and earth tone colors to match the California Mission style architecture.

J. For mixed use and stand-alone residential developments, development design should offer commercial/retail uses and/or amenity spaces on the first floor with residential units only to be located above the first floor when directly adjacent to Mission Boulevard.

K. The streetscape along Mission Boulevard should be enhanced by public art and landscape improvements that enhance the areas visual appeal and establish Mission Boulevard as a gateway to the City. (Ord. 875-20 § 4, 2020)

18.35.160 Distance between main structures.

No distance between structures shall be required. (Ord. 875-20 § 4, 2020)

18.35.170 Residential open space.

All residential development shall provide residential open space features, such as courtyards, pool and spa areas, recreation facilities, and play areas for use by the tenants/owners. (Ord. 875-20 § 4, 2020)

18.35.180 Signs, marquees, awnings.

All signs, marquees, and awnings shall be subject to the applicable limitations and requirements set forth in Chapter 18.30. A Sign Plan shall be required with each development. Any encroachments into the public right-of-way shall require approval of an encroachment permit by the Public Works Department. (Ord. 875-20 § 4, 2020)

18.35.190 Off-street parking.

Parking shall be required subject to the following:

A. Residential Use. Provide automobile and bicycle parking at residential district standards for the RM 1500 zoning district per Section 18.32.160, except that one hundred percent (100%) affordable rental developments may provide off-street parking pursuant to the standards contained in Section 18.32.160(B)(5).

B. Commercial Uses. Provide automobile and bicycle parking at commercial district standards per Section 18.36.150 (off-street parking in commercial districts). For City Council/RSA Agenda 318 Tuesday, November 8, 2022
15 commercial uses on the ground floor as part of a mixed use development, shared parking shall be evaluated on a case-by-case basis. (Ord. 875-20 § 4, 2020)

18.35.200 Off-street loading.

For commercial uses, loading berth requirements shall be evaluated on a project by project basis. Any required loading berths shall comply with the requirements of Section

18.36.140. (Ord. 875-20 § 4, 2020)

18.35.210 Laundry facilities.

Laundry facilities shall be provided to serve all residential dwelling units. Such facilities shall include washer and dryer appliances connected to utilities. In developments with common laundry facilities, the facilities must be in easily accessible locations and provide an adequate number of washers and dryers to serve the total number of units. (Ord. 875-20 § 4, 2020)
Chapter 18.36 COMMERCIAL DISTRICTS
● 18.36.010 Use—Bulk regulations.
● 18.36.015 Purpose.
● 18.36.020 Permitted uses.
● 18.36.030 Conditional uses.
● 18.36.040 Tobacco products.
● 18.36.050 Required conditions.
● 18.36.060 Site area.
● 18.36.070 Frontage, depth and width of site.
● 18.36.080 Coverage.
● 18.36.090 Front yard.
● 18.36.100 Side yards.
● 18.36.110 Rear yard.
● 18.36.120 Height of structures.
● 18.36.140 Off-street loading.
● 18.36.150 Off-street parking.
● 18.36.160 Joint use of parking spaces.
● 18.36.170 Landscaping.
● 18.36.180 Sidewalk café standards.
● 18.36.190 Standards for live music at full service/sit down restaurants. ● 18.36.200 Special design and siting criteria for uses on Mission Boulevard. ● 18.36.210 Special criteria for superstores.

18.36.010 Use—Bulk regulations.

City Council/RSA Agenda 319 Tuesday, November 8, 2022
16 Use and bulk regulations applying specifically to commercial districts are set forth in this chapter. Regulations set forth in other chapters that apply to commercial districts include, but are not limited to:

Chapter 18.04—General Provisions
Chapter 18.16—Nonconforming Buildings, Structures and Uses Chapter 18.24—Bulk Regulations
Chapter 18.28—Off-street Parking and Loading
Chapter 18.30—Sign Regulations
Chapter 18.35—Corridor Mixed Use Commercial (CMU) District Chapter 18.39—Union Landing Commercial (CUL) District
Chapter 18.52—Administration
Chapter 18.54—Administrative Use Permit
Chapter 18.56—Use Permits
Chapter 18.60—Variance Permits
Chapter 18.72—Administrative Development Review
Chapter 18.76—Site Development Review
Chapter 18.106—Landmark and Historic Preservation (LHP) Overlay Zone

18.36.015 Purpose.

A. CPA District—Professional and Administrative Commercial. To provide an area wherein professional offices, limited personal services and light retail activities may develop in close relationship with each other.

B. CN District—Neighborhood Commercial. To provide limited retail and convenience goods and services, with minimal associated impacts, to meet the day to day needs of the City’s residential neighborhoods.

C. CC District—Community Commercial. To stabilize, promote and improve the characteristics of the commercial business environment by providing adequate locations City Council/RSA Agenda 320 Tuesday, November 8, 2022
17 for stores, services and offices which fulfill the needs of the residents of the City as a whole.

D. CVR District—Visitor and Recreation Commercial. To provide areas for commercial activities oriented to serve the traveling public, located near freeway interchanges and high capacity major arterials in such a fashion as to provide safe and convenient access and minimize conflicts with nearby residential land uses.

E. CUL—Union Landing Commercial District. Refer to Chapter 18.39 and Section

18.36.050.

F. CMU—Corridor Mixed Use Commercial District. Refer to Chapter 18.35.

18.36.020 Permitted uses.

A. A use that is not listed is not a permitted use. In addition to uses lawfully established on the effective date of this title, the following uses shall be permitted in a C district when the symbol “X” is marked in the column beneath the C district:

PERMITTED USES CP
A

CN CC CV
R
Apparel and accessory stores X X X
Automobile sales (new vehicles only) X
Bakeries with retail sales X X
Banks/savings and loans (excluding check cashing
businesses)
X X X
Business services (photocopying and small printing shops, computer and data processing, graphic design, sign shops)

X X X X
City Council/RSA Agenda 321 Tuesday, November 8, 2022
18 Educational and instruction uses (business, beauty,
computer, dance, martial arts, etc.) with an occupant load of less than fifty (50) through the Uniform Building Code

X X X X
Entertainment and recreation uses (excluding video arcades, pool rooms/halls and dance halls) with an occupant load of less than fifty (50) through the Uniform Building Code
X X X
Food, fast food/quick service restaurant, in-line only X X Food, full service/sit down restaurant X X X X
Food, retail and carry out food store X X
Food stores, excluding convenience markets X X
Furniture and home furnishings X
General merchandise/retail stores X X
Health services (medical, dental, physical therapy and
pharmacies)

X X X X
Live music (non-amplified) at full service/sit down restaurants subject to the provisions of Section 18.36.195(A)

X X X X
Lodges and meeting halls X X
Lodging (hotel and motel) X
City Council/RSA Agenda 322 Tuesday, November 8, 2022
19 Miscellaneous small repair services (watches, clocks, jewelry, small countertop appliances)
X X
Miscellaneous limited retail typically found in office buildings or hotels
X X
Nurseries and garden stores (without outdoor storage) X X Office X X X X
Personal services (laundry, dry cleaning, beauty parlor, barbershop, nail salon, shoe repair, travel agency, tailor, photography studio, etc.)

X X X X
Pet grooming (no overnight boarding of animals) X X
Public buildings and grounds X X
Residential uses, within the Mission Boulevard neighborhood, located above ground floor commercial uses
X X
Seasonal sales lots for holiday trees and pumpkins subject to the provisions of the Policy Statement for the Regulation of Seasonal Sales Lots
X X X
Any other use determined by the Director to be essentially the same or very similar to the above permitted uses. In making this determination, the findings required under
Section 18.52.060 shall be addressed

X X X X
City Council/RSA Agenda 323 Tuesday, November 8, 2022
20 18.36.030 Conditional uses.

The following conditional uses shall be permitted in a C district, upon the granting of a use permit, when the symbol “X” is marked in the column beneath the C district:

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

CONDITIONAL USES CP
A

CN CC CV
R
Automotive rental agencies with minor parking requirements, involving no automotive repair or vehicle washing on site X X X
Adult day care facilities X
Child day care facilities X X X
Educational and instructional uses (business, beauty,
computer, dance, martial arts) with an occupant load of 50 or more through the Uniform Building Code
X X
Live music (amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(B)

X X X X
Outdoor dining/seating areas X X X X
Outdoor flower display along the street frontage of a
permanently established florist in Union City
X X
City Council/RSA Agenda 324 Tuesday, November 8, 2022
21 Veterinarian offices and small animal hospitals including short-term overnight boarding of animals for medical
purposes, provided that all operations are conducted within a completely enclosed building; there is sufficient air
conditioning and soundproofing to effectively confine odors and noise so as not to interfere with the public health, safety, and welfare; and there is no walking of animals outside of the property
X
Any other use determined by the Zoning Administrator to be essentially the same or very similar to the above permitted uses. In making this determination, the findings required under Section 18.52.060 shall be addressed

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

CONDITIONAL USES CP
A

CN CC CV
R
Adult business, only where located at least 1,000 feet away from a school, day care, or faith based facility
X
Arcades, computer gaming, pool rooms/halls X
Automotive sales—Used vehicles, permitted only in
conjunction with new car sales
X
Automobile washing, including the use of mechanical
conveyors, blowers and steam cleaners
X
City Council/RSA Agenda 325 Tuesday, November 8, 2022
22 Bars, comedy clubs, nightclubs, and lounges X X X
Body art X X
Check cashing X
Church uses with existing buildings built for and previously occupied by a church
X
Convenience markets X X
Cybercafé X X
Discount clubs X
Drive-in/drive-through uses X X
Entertainment and recreation uses with an occupant load of 50 or more through the Uniform Building Code
X X
Farmers markets, when coordinated in conjunction with the City or the Chamber of Commerce
X
Food, fast food/quick service restaurant, stand alone X X Guns and/or ammunition sales X
Health services (including, but not limited to: laboratories, drug treatment clinics, palm reading)
X X
City Council/RSA Agenda 326 Tuesday, November 8, 2022
23 Hospitals, sanitariums and nursing homes X X
Liquor stores X X
Lodging (hotel and motel) X
Lumber or other building materials with outdoor storage or display
X
Massage X X X
Mortuaries, crematoriums and funeral homes X
Nurseries and garden stores with outdoor storage X
Public utility and public service pumping stations, power stations, electrical substations, service groups and storage tanks
X X
Retail tobacco store, only where located more than 1,000 feet from another such use and a “sensitive use.” Distance shall be measured from the closest exterior wall of the structure or portion of the structure in which the use is located to the property line of the “sensitive use”
X
Service stations with the following operational characteristics:

1. All operations, except for the sale of gasoline and the washing of automobiles, are conducted in a building
enclosed on at least 3 sides, pump islands located no closer than 20 feet to any property line, and alcoholic beverages not sold on site
X X
City Council/RSA Agenda 327 Tuesday, November 8, 2022
24 2. Minor automobile service, such as engine tune-ups, oil change, tire sales and service, brake service and smog
check
X

3. The rental of trailers as an incidental part of the service station operation
X

4. The rental of hand tools, garden tools, and other similar equipment as an incidental part of the operation of the service station
X X

5. Gas station marketeers subject to the provisions of the Gas Station Marketeer Policy Statement
X X
Superstores X
Veterinarian offices and small animal hospitals including short-term overnight boarding of animals for medical
purposes, provided that that all operations are conducted within a completely enclosed building; there is sufficient air conditioning and soundproofing to effectively confine odors and noise so as not to interfere with the public health, safety, and welfare; and there is no walking of animals outside of the property
Any other use determined by the Planning Commission to be essentially the same or very similar to the above permitted uses. In making this determination, the findings required under Section 18.52.060 shall be addressed

X X X X

18.36.040 Tobacco products.

City Council/RSA Agenda 328 Tuesday, November 8, 2022
25 The sale, donation, or distribution of tobacco products, regardless of floor area, shall be prohibited within one thousand (1,000) feet of “sensitive uses.” Distance shall be measured from the closest exterior wall of the structure or portion of the structure in which tobacco is sold, donated, or distributed to the property line of the “sensitive use.” Service stations are exempt from the requirements of this section.

18.36.050 Required conditions.

In commercial districts, including the CUL and CMU districts, the following conditions shall be required:

A. Where a site adjoins an A, OS or R district, a solid masonry wall six (6) feet in height shall be located on the property line, except that walls located in the street side yard setback shall not exceed three (3) feet in height.

B. No wall, fence, or hedge shall exceed six (6) feet in height if located in a required side yard or rear yard, unless a greater height is approved through the site development review or use permit process. A wall, fence, or hedge located in a required front yard or street side yard setback shall not exceed three (3) feet in height.

C. Outdoor storage of materials and equipment permitted through the issuance of a use permit shall occur only within an area which is screened from view from public rights-of-way by a solid wall or fence with solid gates where necessary, or compact evergreen hedge not less than six (6) feet in height; provided, that no materials or equipment shall be stored to a height greater than that of the wall, fence or hedge with the exception of live plant material.

D. A use not conducted entirely within a completely enclosed structure shall be screened by a solid wall or fence, or compact evergreen hedge not less than six (6) feet in height, if such use without such screening is found by the Planning Commission to have a substantial and detrimental effect on property values in the area.

E. All business, services, and processes shall be conducted entirely within a completely enclosed structure except for off-street parking and loading areas, and where permitted by a use permit, gasoline service stations, outdoor dining areas, nurseries, garden shops, lumber and other building materials stores. Temporary outdoor commercial events are permitted as provided by Chapter 18.54.

F. Products which are produced and sold on-site shall be sold at retail, and not wholesale.

G. Permitted and conditional uses in the Union Landing Commercial district shall be subject to the special design and siting criteria contained in Chapter 18.39.

City Council/RSA Agenda 329 Tuesday, November 8, 2022
26 H. Other provisions of this chapter notwithstanding, all storage, handling or other use of hazardous materials shall be subject to the provisions of Sections 18.40.410 through 18.40.450 of this title.

I. All commercial development, including both new construction and additions, shall be articulated on all elevations.

J. Additions and modifications to commercial projects which are subject to the provisions of Chapter 18.76, Administrative Site Development Review, shall be designed to integrate with the existing project in terms of siting and architectural design.

Above-ground utility installations, when permitted, shall be screened from public view.

Roof equipment shall be screened by architecturally designed panels which are in proportion and scale with the roof line of the existing building.

K. All wood burning appliances installed in new commercial buildings or wood burning appliances being added to or replacing wood burning appliances in existing commercial buildings shall comply with the following regulations. Commercial buildings shall include, but not be limited to, hotels and restaurants. 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.

1. A wood burning appliance shall comply with these regulations if:
a. It is reconstructed;
b. Additions, alterations or repairs are made to the appliance that require opening up immediately-adjacent walls; or
c. The residential units in which the appliance is located is renovated, and the renovation includes opening up walls immediately adjacent to the appliance.

2. It is unlawful to:
a. 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;
b. Install a wood burning appliance that is not one of the following:
i. A pellet-fueled wood heater,
ii. An EPA certified wood heater, or
City Council/RSA Agenda 330 Tuesday, November 8, 2022
27 iii. A fireplace certified by EPA should EPA develop a fireplace certification program; c. Use any of the following prohibited fuels in a wood burning appliance:
i. Garbage,
ii. Treated wood,
iii. Plastic products,
iv. Rubber products,
v. Waste petroleum products,
vi. Paints,
vii. Paint solvents,
viii. Coal,
ix. Glossy or colored papers,
x. Particle board,
xi. 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 (P)(2)(b) 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.

L. Permitted and conditional uses in the CC district located on Mission Boulevard shall be subject to the special design and siting criteria contained in Section 18.36.200 of this chapter.

M. Accessory structures must conform to the following standards:

1. No accessory building or 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 building or buildings shall occupy more than thirty percent (30%) of the area of a required rear yard.

City Council/RSA Agenda 331 Tuesday, November 8, 2022
28 3. No detached accessory building located in a required rear yard shall exceed twelve (12) feet in height.

N. All development shall comply with the provisions listed in Chapter 7.04 regarding management of waste and recyclable materials.

18.36.060 Site area.

A minimum site area of not less than five thousand (5,000) square feet shall be required.

18.36.070 Frontage, depth and width of site.

No minimum site frontage, depth, and width shall be required.

18.36.080 Coverage.

The amount of the site area covered by structures shall not be restricted subject to the exception that in the CPA district the maximum site area covered by structures shall be fifty percent (50%).

18.36.090 Front yard.

A minimum front yard of twenty (20) feet shall be required. For structures which exceed twenty (20) feet in height, the required setbacks shall be a minimum of twenty-five (25) feet.

18.36.100 Side yards.

No side yards shall be required, subject to the following exceptions:

A. In the CN and CC districts, on the side street side of a corner site, a side yard of not less than ten (10) feet shall be required.

B. Where the side property line of a site adjoins property in a residential district, a side yard of not less than twenty (20) feet adjoining the residential district shall be required.

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

18.36.110 Rear yard.

No rear yard shall be required, subject to the following exceptions:

City Council/RSA Agenda 332 Tuesday, November 8, 2022
29 A. In the CN district, a rear yard of not less than ten (10) feet shall be required.

B. Where the rear property line of a site adjoins property in an A or R district, a rear yard of not less than twenty (20) feet shall be required.

C. One (1) foot shall be added at ground level to the required rear yard for each three (3) feet of height by which the structure exceeds twelve (12) feet.

18.36.120 Height of structures.

No structure shall exceed the height as prescribed in the following table:

DISTRICT

CPA CN CC CVR
Height limit (in feet) 100 30 100 100

18.36.140 Off-street loading.

Where appropriate, the Planning Commission may require loading berths for each of the commercial districts that shall not be less than ten (10) feet by twenty-five (25) feet and shall be provided in accordance with the following schedule:

Gross Floor Area Required Number
1 to 10,000 sq. ft. 1
10,001 to 25,000 sq. ft. 2
25,001 to 40,000 sq. ft. 3
40,001 to 100,000 sq. ft. 4
City Council/RSA Agenda 333 Tuesday, November 8, 2022
30 For each additional two hundred thousand (200,000) square feet of floor area or fraction thereof over one hundred thousand (100,000) square feet of floor area one (1) additional loading berth shall be provided.

18.36.150 Off-street parking.

Public automobile and bicycle parking facilities shall be provided as follows:

A. Places of Assembly.

1. Churches: one (1) space for each five (5) seats in main assembly room or one (1) space for each fifty (50) square feet of floor area, whichever requirement is greater;

2. Funeral homes, mortuaries: one (1) space for each fifty (50) square feet of chapel area or one (1) space for each five (5) seats in the same, whichever requirement is greater;

3. Places of public assembly having fixed seating, such as auditoriums, theaters, assembly halls, sports arenas, stadiums: one (1) space for each four (4) seats;

4. Places of public assembly having no fixed seats, such as dance halls, exhibition halls, gymnasiums, skating rinks, lodges: one (1) space for each one hundred (100) square feet of floor area used for public assembly;

5. Schools.
a. Business, professional, trade, art, craft, music and dancing schools and colleges:
one (1) space for each employee plus one (1) for each four (4) students, b. Nursery and day care centers: one (1) space for every ten (10) children, plus one (1) space for every two (2) employees.

B. Office, Business, Commercial and Service Uses.

1. Bowling alleys: six (6) spaces for each lane;

2. Hotels and motels: one (1) space for every room plus one (1) space for every two (2) employees on maximum shift;

3. Medical and dental clinic and offices: one (1) space for every two hundred (200) square feet of gross floor area;
City Council/RSA Agenda 334 Tuesday, November 8, 2022
31 4. Offices, banks and professional offices: one (1) space for every two hundred (200) square feet of gross ground floor area and one (1) space for every three hundred (300) square feet of gross floor area above or below the ground floor;

5. Restaurants, bars, nightclubs and lounges: one (1) space for every three (3) seats or one (1) space for every one hundred (100) square feet of gross floor area, whichever requirement is greater;

6. Rest homes, convalescent hospitals, sanitariums: one (1) space for every four (4) beds plus one (1) space for every two (2) employees;

7. Retail sales of automobiles, automobile parts, appliances, furniture, machinery, equipment rental, building materials, nurseries, and other similar retail uses involving primarily bulk merchandise: one (1) space for each four hundred (400) square feet of gross floor area plus one (1) space for each two thousand (2,000) square feet of lot area occupied by such area;

8. Service and repair uses such as printing, upholstering, appliance repair, sheet metal working, wood working or roofing: one (1) space for every five hundred (500) square feet of gross floor area;

9. Service stations: three (3) spaces for each hoist, rack or other area designed for servicing or minor repairs plus one (1) space for every two (2) employees on maximum shift.

C. Light retail sales, business and commercial establishments: one (1) space for every one hundred seventy-five (175) square feet where gross floor area is less than ten thousand (10,000) square feet; one (1) space for every two hundred (200) square feet where gross floor area is ten thousand (10,000) square feet or greater.

D. Other uses shall be provided on the same basis as required for the most similar use or as determined by the City Planning Commission.

E. Bicycle parking facilities shall be provided, at a minimum, in an amount equal to ten percent (10%) of the required automobile parking demand as determined by this chapter except for areas within one-half (1/2) mile of the Intermodal Station. For bicycle parking demand ratios in these areas, see subsection F of this section. Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080. The number of required bicycle parking facilities may be increased by the decision maker for a specific use if it is found that such use shall create a greater demand for these facilities. Bicycle parking may be substituted for City Council/RSA Agenda 335 Tuesday, November 8, 2022
32 automobile parking subject to the provisions outlined in Section 18.28.100 and approval by the decision maker.

F. For areas within one-half (1/2) mile of the Intermodal Station, bicycle parking facilities shall be provided, at a minimum, in an amount equal to twenty percent of the required automobile parking demand as determined by this chapter. A minimum of twenty percent (20%) of the required bicycle parking demand shall be enclosed and secure to accommodate long-term users. Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080. The number of required bicycle parking facilities may be increased by the decision maker for a specific use if it is found that such use shall create a greater demand for these facilities. Bicycle parking may be substituted for automobile parking subject to the provisions outlined in Section 18.28.100 and approval by the decision maker.

18.36.160 Joint use of parking spaces.

The Planning Commission may authorize off-street parking as specified in Section

18.36.150, or the joint use of parking facilities for uses or activities if it finds that the normal hours of operation of such uses or activities do not substantially coincide or overlap with each other. Joint-use parking shall be subject to the following limitations and conditions:

A. No more than fifty percent (50%) of the parking spaces required for a building or use may be supplied by parking facilities required for any other building or use.

B. The applicant shall submit sufficient data to indicate that there is no substantial conflict in the principal operating hours of the uses proposing to make use of the joint parking facilities.

C. The property owners involved in the joint use of off-street parking facilities shall submit a legal agreement approved by the City Attorney as to form and content. Such instrument, when approved as conforming to the provisions of this section, shall be recorded by the property owner in the office of the County Recorder and a copy thereof filed with the City.

18.36.170 Landscaping.

A. New landscaping and modifications to existing landscaping shall comply with the provisions listed in Chapter 18.112, Water Efficient Landscape Ordinance, and the Landscape Standards Policy Statement.

B. Replacement of dead, dying or deficient landscaping shall be required for establishment of new uses or modification of existing uses.

City Council/RSA Agenda 336 Tuesday, November 8, 2022
33 C. Site Coverage Requirements.

1. Projects located in commercial districts referenced in this chapter (excluding the Professional and Administrative Commercial (CPA) district), that include development of a vacant site or substantial modification of a developed site, shall provide landscaped areas that measure ten percent (10%) of the project site area.

2. Projects located in the CPA district, that include development of a vacant site or substantial modification of a developed site, shall provide landscaped areas that measure a minimum of fifteen percent (15%) of the project site area.

3. Drive-in and drive-through establishments (gas stations, fast food, etc.) shall include landscaped areas that measure a minimum of twenty percent (20%) of the project site’s area. Excluding sidewalks and walkways, decorative hardscape surfaces and hardscape elements, can constitute up to five percent (5%) of the total requirement.

D. Landscape In-Lieu Fee.

1. Projects that cannot provide the minimum amount of landscaping required in Section 18.32.170(B) shall pay a landscape in-lieu fee in the amount set forth in the City’s Master Fee Schedule.

E. Parking Lot Coverage.

1. To provide adequate visual screening of parking areas from public rights-of-way, there shall be a landscaped strip ten (10) feet in width which shall be contiguous and parallel to such rights-of-way and shall be planted with trees, shrubs, and ground cover sufficient to obtain the required screening.

18.36.180 Sidewalk café standards.

Sidewalk cafes with outdoor dining and seating areas are permitted with an administrative use permit approval as detailed in Chapter 18.54, subject to the follow standards:

A. Outdoor dining and seating areas must be located directly in front of the tenant space of the business requesting outdoor dining and seating.

B. A six (6) foot-wide free and clear pedestrian walkway must be provided at all times along the public sidewalk. This walkway must provide for pedestrian access to doorways and crosswalks. Associated amenities for the outdoor dining and seating City Council/RSA Agenda 337 Tuesday, November 8, 2022
34 area, such as landscape planters, shall not encroach into the six (6) foot-wide pedestrian walkway.

C. No tables or seating shall be placed within the area of any handicap ramps, driveways, or doorways.

D. The canopies of umbrellas associated with outdoor tables must provide a minimum vertical clearance of seven (7) feet, unless the umbrella does not extend beyond the outside edge of the table, and shall not be located within nine (9) feet of the face of curb.

E. Tables, chairs, umbrellas, and other associated amenities (i.e., landscape planters, etc.) to the outdoor dining/seating shall be attractive, made of durable materials, and of a coordinated design style.

F. An encroachment permit from the Public Works Department must be obtained.

G. By accepting an administrative use permit, the permittee explicitly agrees to hold the City, its officers and employees harmless from any liability, claims, suits or actions for any and all damages alleged to have been suffered by any person or property by reason of the permittees’ installation, operation, maintenance or removal of sidewalk café.

H. The permittee shall be responsible for, and exercise reasonable care in the inspection, maintenance, and cleanliness of, the area affected by the sidewalk café dining and seating, including any design requirements hereafter enacted, from the building frontage to the curb.

I. The permittee shall restrict the sidewalk café seating and dining to the approved location and ensure compliance with all applicable laws, including laws against blocking the public right-of-way, health and safety laws, public cleanliness laws, and laws regulating sale and public consumption of alcohol.

J. When any sidewalk café is found to be in conflict with existing or proposed facilities or improvements owned, maintained or operated by the City, or any existing or proposed City design plans, such placement shall, upon written demand of the City Manager or his or her designee, be removed or relocated in such a way as to eliminate the conflict; and said removal or relocation shall be at the sole expense of the permittee.

Should the permittee fail to comply with said written demand within a reasonable period of time not to exceed thirty (30) calendar days, the City may cause such relocation of the placement at the expense of the permittee. Any such noncompliance shall also be a violation of this section.

City Council/RSA Agenda 338 Tuesday, November 8, 2022
35 K. A permit for a sidewalk café, or a copy thereof, shall be posted in plain view within the food service establishment for which the permit has been issued.

L. Any authorized sidewalk café shall be subject to additional taxes, permits or fees as required by law.

M. The permittee shall carry liability insurance in the amount of at least one million dollars ($1,000,000).

N. When the Zoning Officer finds that the proposed additional seating would lead to new parking demand that exceeds available supply because of the amount of sidewalk café seating, he/she may require off-street parking for the outdoor area devoted for the sidewalk café at the rate required for interior floor area for food service establishments in the district.

18.36.190 Standards for live music at full service/sit down restaurants.

The following standards shall apply in the following Zoning Districts: CPA, CC, CN, CVR, VMU, CSMU, CUL, MMU, SEMU-R, SEE, and other districts as specified in the district regulations.

A. Non-amplified live music at full service/sit down restaurants is permitted outdoors until 8:00 p.m. and indoors until 12:00 a.m. subject to compliance with the Union City Community Noise Ordinance in Chapter 9.40.

B. Amplified live music at full service/sit down restaurants is permitted with an administrative use permit approval as detailed in Chapter 18.54 and shall fully comply with the following standards:

1. Amplified live music shall not be permitted outdoors.

2. Amplified live music shall end by 12:00 a.m.

3. Third-party promoters, cover charges, and drink minimums shall be prohibited.

4. Dance floors and stages shall be prohibited.

5. A full food menu shall be offered and food sales shall be fifty percent (50%) or more of the total gross sales.

6. The maximum occupant load shall be clearly posted.

7. Windows shall remain clear and unobstructed.

City Council/RSA Agenda 339 Tuesday, November 8, 2022
36 8. A security plan addressing, at a minimum, security staffing, emergency exiting, staff training, and exterior site lighting shall be submitted for review and approval by the Police Department as part of the discretionary review.

9. Live music shall conform to the Union City Community Noise Ordinance in Chapter 9.40.

10. The business owner and/or operator shall take reasonable actions necessary to inhibit loitering, shouting, fighting, and other activities that would disturb the peace.

11. By accepting a discretionary permit, the permittee explicitly agrees to hold the City, its officers and employees harmless from any liability, claims, suits or actions for any and all damages alleged to have been suffered by any person or property by reason of the permittee’s hosting of live music.

18.36.200 Special design and siting criteria for uses on Mission Boulevard.

To enhance the image and establish the area along Mission Boulevard, between Decoto Road and the Hayward city limits, as a gateway to Union City by intensifying the land use and providing opportunities for new mixed-use (commercial and residential) developments. The design of new buildings and the rehabilitation of existing or relocated buildings not within Corridor Mixed Use Commercial (CMU) district shall be guided by the following design and siting criteria:

A. All new construction and all rehabilitation or remodeling of buildings should stress the California Mission style architecture and should provide landscaping to minimize the impression that this roadway is a dividing line in the City.

B. Private improvements should complement and exploit the public investment in area improvements to the fullest extent such as, but not limited to sidewalk improvements, the undergrounding of overhead utilities, and improved street lighting.

C. Weather protection in the form of shade trees, awnings and overhangs should be provided. Long distances with no weather protection should be avoided.

E. Scale should be maintained in parking lots. Wherever feasible these should be located to the rear of buildings, and should be broken up by planted areas and shade trees to give a sense of human scale and provide amenities.

City Council/RSA Agenda 340 Tuesday, November 8, 2022
37 F. Where parking lots are located to the rear of buildings, attractive rear entrances should be provided.

G. On Mission Boulevard, the front yard setback shall be five (5) feet from the property line and a minimum of fifteen (15) feet from the face of curb to ensure a comfortable pedestrian environment.

H. Extensive landscaping should be provided along the street frontage.

I. Development design may feature varied setbacks to accommodate small garden courts and landscaped areas along the street frontage as a means of enhancing the street scene and encouraging foot traffic.

J. Exterior treatments of new and remodeled buildings should favor natural materials and earth tone colors to match the California Mission style architecture.

K. Special efforts should be made to encourage a safe, well lighted pedestrian environment along Mission Boulevard.

L. Mixed-use developments shall be regulated by the standard lot size, setback, maximum height, off-street parking requirements, and maximum lot coverage requirements of the CC, Community Commercial district.

M. For residential uses located above ground floor commercial uses, the density limitations, off-street parking and bicycle parking requirements shall be based on the regulations for the RM 1500 district.

N. Development design should offer commercial/retail uses on the first floor with residential units only to be located above the first floor when directly adjacent to Mission Boulevard.

O. On-street parking shall be permitted on Mission Boulevard.

P. The streetscape along Mission Boulevard should be enhanced by public art and landscape improvements that enhance the areas visual appeal and establish Mission Boulevard as a gateway to the City.

Q. Sign sizes and placement should be coordinated to avoid the clutter created by signs of unrelated size and shape.

18.36.210 Special criteria for superstores.

Establishment of superstores shall be subject to the criteria outlined in the document entitled, “Policy Statement for Use Permit Review of Superstores.” City Council/RSA Agenda 341 Tuesday, November 8, 2022
1 Chapter 18.27 VILLAGE MIXED USE (VMU) DISTRICT
● 18.27.010 Purpose.
● 18.27.020 Permitted uses.
● 18.27.030 Conditional uses.
● 18.27.040 Accessory Uses
● 18.27.050 Tobacco products.
● 18.27.060 Performance standards.
● 18.27.070 Walls, fences, and hedges.
● 18.27.080 Minimum site area.
● 18.27.090 Density.
● 18.27.100 Site floor area ratio.
● 18.27.110 Frontage, width and depth of site.
● 18.27.120 Lot coverage.
● 18.27.130 Front yard setback.
● 18.27.140 Side yard setback.
● 18.27.150 Rear yard setback.
● 18.27.160 Height of structures.
● 18.27.170 Design criteria.
● 18.27.180 Off-street parking.
● 18.27.190 Off-street loading.
● 18.27.200 Landscaping.
● 18.27.210 Residential Open space.
● 18.27.220 Signs, marquees, awnings.

18.27.010 Purpose.

18.27.020 Permitted uses.

The following uses shall be permitted:

A. Accessory dwelling units consistent with Chapter 18.34.

B. Civic facilities.

C. Commercial uses, located in a stand-alone/in-line building, or incorporated into the ground floor of a residential or office mixed use development, including:

Attachment 3 Exhibit B
City Council/RSA Agenda 342 Tuesday, November 8, 2022
2 1. Art studios;

2. Body art;

3. Banks/savings and loans, excluding check cashing businesses;

4. Business services;

5. Civic facilities;

6. Educational and instruction uses (business, beauty, computer, dance, martial arts, etc.) with an occupant load of less than fifty (50) through the Uniform Building Code;

7. Entertainment and recreation uses (excluding video arcades, pool rooms/halls and dance halls) with an occupant load of less than fifty (50) through the Uniform Building Code;

8. Fitness uses with an occupant load of less than fifty (50) through the Uniform Building Code;

9. Florists;

10. Food service, such as full-service/sit-down restaurants, quick service restaurants, and retail and carry out food stores;

11. Food stores excluding convenience markets;

12. General merchandise/retail stores, excluding adult business stores, clearance center/dollar stores, pawn shops, second hand/thrift stores, and retail tobacco stores;

13. Health services (medical, dental, physical therapy and pharmacies);

14. Live music (non-amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(A);

15. Miscellaneous small repair services (watches, clocks, jewelry, small countertop appliances);

16. Office uses;

17. Outdoor dining areas subject to the provisions listed in Section 18.39.055.

18. Personal services, such as laundry, dry cleaning, beauty parlor, barbershop, nail salon, shoe repair, travel agency, tailor, photography studio, and similar uses excluding massage; and

19. Pet grooming (no overnight boarding of animals);
D. Home occupations subject to the conditions listed in Section 18.32.020 (G).

City Council/RSA Agenda 343 Tuesday, November 8, 2022
3 E. Office mixed use developments with ground floor commercial uses identified in Section 18.27.020 (C).

18.27.030 Conditional uses.

The following conditional uses shall be permitted in the VMU district upon the granting of a use permit:

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

1. Child Day care facilities;

2. Live music (amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(B);

3. Outdoor activities located in private and public plazas;

4. Outdoor displays in conjunction with an existing adjacent business;

5. Sidewalk cafes with outdoor dining and seating areas subject to the standards of Section 18.36.190 (sidewalk café standards); and

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

1. Bars, comedy clubs, nightclubs, and lounges;

2. Convenience markets;

3. Entertainment and recreation uses with an occupant load of 50 or more through the Uniform Building Code;

4. Farmers markets, when coordinated in conjunction with the City or Chamber of Commerce;

5. Liquor stores;
City Council/RSA Agenda 344 Tuesday, November 8, 2022
4 7. Massage;

18.27.040 Accessory uses.

A. Accessory structures and uses customarily incidental to any of the above permitted uses when located on the same lot are permitted.

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

18.27.050 Tobacco products.

18.27.060 Performance standards.

C. Site shall be maintained in good order at all times and consistent with project conditions of approval (if applicable). This shall include, but is not limited to, maintenance and repair of all on-site structures including building façade materials or City Council/RSA Agenda 345 Tuesday, November 8, 2022
5 paint, fencing/walls, signage, paved areas including sidewalks and driveways, and landscaping, as may be necessary to preserve a high quality aesthetic for the area.

18.27.070 Walls, fences, and hedges.

Walls, fences, or hedges over three (3) feet in height are subject to review and approval through the site development review or administrative site development review process.

18.27.080 Minimum site area.

A minimum site area of not less than five thousand (5,000) square feet shall be required.

18.27.100 Site floor area ratio.

18.27.110 Frontage, width and depth of site.

No minimum site frontage, depth, and width shall be required.

18.27.120 Lot coverage.

The amount of the site area covered by structures shall not be restricted provided the development meets all applicable standards.

18.27.130 Front yard setback.

No front yard setback shall be required, except as follows:

City Council/RSA Agenda 346 Tuesday, November 8, 2022
6 A. On Union City Boulevard, the front yard setback shall be five (5) feet from the property line and a minimum of fifteen (15) feet from the face of curb to ensure a comfortable pedestrian environment.

18.27.140 Side yard setback.

No side yard setback shall be required, except as follows:

A. Where the side property line of a site adjoins property in a R, RS or RM district, a side yard setback of not less than twenty (20) feet adjoining the residential district shall be required.

18.27.150 Rear yard setback.

No rear yard shall be required, except as follows:

A. Where the rear property line of a site adjoins property in a R, RS or RM district, a rear yard of not less than twenty (20) feet adjoining the residential district shall be required.

18.27.160 Height of structures.

18.27.170 Design criteria.

A. General Criteria.

2. Private improvements should complement and exploit the public investment in area improvements to the fullest extent.

3. Weather protection in the form of shade trees, awnings, and overhangs should be provided. Long distances with no weather protection should be avoided.

City Council/RSA Agenda 347 Tuesday, November 8, 2022
7 4. Development design should feature continuous building frontage unbroken by wide openings created by parking areas, and emphasis should be given to building and sidewalk amenities that will attract foot traffic.

6. Extensive landscaping should be provided along street frontages.

7. Sign sizes and placement should be coordinated to avoid the clutter created by signs of unrelated size and shape.

8. The Planning Commission may grant relief from the off-street parking requirements, if it can be demonstrated that sufficient parking is available off-site to service the proposed use.

B. Smith Street Commercial Area Criteria.

2. The relatively small and intimate scale of Smith Street should be retained.

Large, bulky structures which would be out of scale with the street and would dominate existing buildings should be avoided.

3. New and relocated buildings should be placed close to the street to maximize continuous frontage and encourage foot traffic.

4. Where parking lots are located to the rear of buildings, attractive rear entrances should be provided.

5. Exterior treatment of buildings should feature a coordinated color scheme to be implemented as existing structures are remodeled or repainted and new buildings constructed.

C. Union City Boulevard Commercial Area Criteria.

1. Building sizes should be large enough to maintain a good scale relationship with the width of the boulevard.

2. Buildings should be placed close to the front property lines to visually reduce the barren expanse of boulevard pavement.

3. Extensive landscaping should be provided along the street frontage.

City Council/RSA Agenda 348 Tuesday, November 8, 2022
8 4. Development design may feature varied setbacks to accommodate small garden courts and landscaped areas along the street frontage as a means of enhancing the street scene and encourage foot traffic.

5. Exterior treatment of new and remodeled buildings should favor natural materials and earth colors which have a softening influence as opposed to hard concrete and slick surfaces.

18.27.180 Off-street parking.

Parking shall be required subject to the following:

18.27.190 Off-street loading.

A. Adequate loading docks and/or berths shall be provided on-site to serve the use.

B. Adequate loading zones shall be provided along the street frontage(s).

18.27.200 Landscaping.

A. New landscaping and modifications to existing landscaping shall comply with the provisions listed in Chapter 18.112 and the Landscape Standards Policy Statement.

Approved landscaping shall be maintained for the life of the project including replacement of dead, dying or deficient landscaping.

18.27.210 Residential Open space.

All residential and mixed-use development shall provide residential open space features, such as courtyards, pool and spa areas, recreation facilities, and picnic and play areas for use by the tenants/owners.

City Council/RSA Agenda 349 Tuesday, November 8, 2022
9 18.27.220 Signs, marquees, awnings.

Chapter 18.35 CORRIDOR MIXED USE COMMERCIAL (CMU) DISTRICT

18.35.010 Purpose.

The purpose of the Corridor Mixed Use Commercial (CMU) district is to establish a mixed use residential/commercial district of high-density residential, commercial and office uses by intensifying the land use and providing opportunities for new mixed -use (residential and commercial/office) developments. (Ord. 875-20 § 4, 2020)

18.35.020 Permitted uses.

The following uses shall be permitted:

BC. Commercial Uses on the Ground Floor as Part of a Residential Mixed Use Development.

1. Banks/savings and loans, excluding check cashing businesses;

2. Business services;

3. Office uses;

4. Civic facilities;

5. Food, such as restaurants and cafés, quick service, full service, bakeries with retail sales, retail and carry-out;

6. Food stores, up to twenty-five thousand (25,000) square feet, excluding convenience markets;
City Council/RSA Agenda 350 Tuesday, November 8, 2022
10 7. General merchandise/retail stores, excluding adult business stores, clearance center/dollar stores, pawn shops, second hand/thrift stores, and retail tobacco stores;

8. Health clubs;

9. Health services, such as medical, dental, optical, physical therapy and pharmacies;

10. Live music (non-amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(A);

11. Personal services, such as laundry, dry cleaning, beauty parlor, barbershop, nail salon, body art, shoe repair, travel agency, tailor, photography studio, and similar uses; and

CD. Commercial and/or Office Uses Not Part of a Residential Mixed Use Development.

1. Any commercial use permitted in the CC District.

DE. Any other use determined by the Director to be essentially the same or very similar to the above permitted uses. In making this determination, the findings required under Section 18.52.060 shall be addressed. (Ord. 875-20 § 4, 2020)

18.35.030 Conditional uses.

The following conditional uses shall be permitted in the CMU Zoning District upon the granting of a use permit:

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

1. Child day care facilities;

2. Educational and instructional uses (business, beauty, computer, dance, martial arts) with an occupant load of fifty (50) or more through the Uniform Building Code;

4. Outdoor displays, such as flowers or newspapers, in conjunction with an existing adjacent business;

5. Sidewalk cafés per Section 18.36.190;

6. Veterinary offices and small animal hospitals including short-term overnight boarding of animals for medical purposes and incidental care such as bathing and City Council/RSA Agenda 351 Tuesday, November 8, 2022
11 trimming, provided that all operations are conducted within a completely enclosed building;

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

1. Bars, comedy clubs, nightclubs, and lounges;

2. Commercial recreation facilities;

3. Convenience markets;

4. Entertainment and recreation uses with an occupant load of fifty (50) or more through the Uniform Building Code;

5. Fast food/quick service restaurant, full service/sit down restaurant, and retail and carry out;

6. Health services (including, but not limited to: laboratories, drug treatment clinics, palm reading);

7. Live music (amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(B);

8. Lodging, hotels and motels;

9. Massage;

City Council/RSA Agenda 352 Tuesday, November 8, 2022
12 C. Approval by City Council (refer to Chapter 18.56 for a detailed description of the use permit process).

1. Mixed use residential developments. (Ord. 875-20 § 4, 2020)

18.35.040 Performance standards.

C. Trash and refuse collection facilities and disposal facilities shall be enclosed within the building or screened by a solid wall and not be visible from public streets.

D. All development shall comply with the provisions listed in Chapter 7.04 regarding management of waste and recyclable materials. (Ord. 875-20 § 4, 2020)

18.35.050 Walls, fences, and hedges.

18.35.060 Minimum site area.

A minimum site area of not less than twenty thousand (20,000) square feet shall be required. (Ord. 875-20 § 4, 2020)

18.35.070 Site area per dwelling unit.

A minimum of seventeen (17) units per acre and a maximum of forty-five (45) units per acre is permitted. The minimum site area per dwelling unit shall be two thousand five hundred sixty-two (2,562) nine-hundred sixty-eight (968) square feet. (Ord. 875-20 § 4, 2020)

18.35.080 Floor area ratio (FAR).

The minimum FAR shall be 0.5 and the maximum shall be 1.5 for mixed uses developments. For all nonresidential uses, Tthe minimum floor area ratio (FAR) shall be

0.3 and the maximum shall be 1.0 for standalone nonresidential uses. (Ord. 875-20 § 4, 2020)
City Council/RSA Agenda 353 Tuesday, November 8, 2022
13 18.35.090 Frontage, width and depth of site.

Every lot shall have a minimum width of at least two hundred (200) feet and a minimum depth of one hundred fifty (150100) feet. (Ord. 875-20 § 4, 2020)

18.35.100 Lot coverage.

The amount of the site area covered by structures shall not be restricted. (Ord. 875-20 § 4, 2020)

18.35.110 Front yard.

18.35.120 Side yards.

No side yards shall be required, subject to the following exceptions:

A. On the side street side of a corner site, a side yard of not less than ten (10) feet shall be required.

B. One (1) foot shall be added at ground level to each interior side yard for each three (3) feet of height by which the structure exceeds twelve (12) feet. (Ord. 875-20 § 4, 2020)

18.35.130 Rear yards.

A minimum rear yard setback of ten (10) feet shall be required. (Ord. 875-20 § 4, 2020)

18.35.140 Height of structures.

18.35.150 Design criteria.

The design of new buildings and the rehabilitation of existing or relocated buildings shall be guided by the following design and siting criteria:

C. Weather protection in the form of shade trees, awnings and overhangs should be provided to extent feasible. Long distances with no weather protection should be avoided.

City Council/RSA Agenda 354 Tuesday, November 8, 2022
14 D. Development designs should feature building frontages unbroken by wide openings created by parking areas, and emphasis should be given to building and sidewalk amenities that will attract foot traffic.

F. Where parking lots are located to the rear of buildings, attractive rear entrances should be provided.

G. Extensive landscaping should be provided along the street frontage.

I. Exterior treatments of new and remodeled buildings should favor natural materials and earth tone colors to match the California Mission style architecture.

18.35.160 Distance between main structures.

No distance between structures shall be required. (Ord. 875-20 § 4, 2020)

18.35.170 Residential open space.

18.35.180 Signs, marquees, awnings.

18.35.190 Off-street parking.

Parking shall be required subject to the following:

A. Residential Use. Provide automobile and bicycle parking at residential district standards for the RM 1500 zoning district per Section 18.32.160, except that one City Council/RSA Agenda 355 Tuesday, November 8, 2022
15 hundred percent (100%) affordable rental developments may provide off-street parking pursuant to the standards contained in Section 18.32.160(B)(5).

B. Commercial Uses. Provide automobile and bicycle parking at commercial district standards per Section 18.36.150 (off-street parking in commercial districts). For commercial uses on the ground floor as part of a mixed -use development, shared parking shall be evaluated on a case-by-case basis. (Ord. 875-20 § 4, 2020)

18.35.200 Off-street loading.

For commercial uses, loading berth requirements shall be evaluated on a project by project basis. Any required loading berths shall comply with the requirements of Section

18.36.140. (Ord. 875-20 § 4, 2020)

18.35.210 Laundry facilities.

Laundry facilities shall be provided to serve all residential dwelling units. Such facilities shall include washer and dryer appliances connected to utilities. In developments with common laundry facilities, the facilities must be in easily accessible locations and provide an adequate number of washers and dryers to serve the total number of units. (Ord. 875-20 § 4, 2020)
Chapter 18.36 COMMERCIAL DISTRICTS
● 18.36.010 Use—Bulk regulations.
● 18.36.015 Purpose.
● 18.36.020 Permitted uses.
● 18.36.030 Conditional uses.
● 18.36.040 Tobacco products.
● 18.36.050 Required conditions.
● 18.36.060 Site area.
● 18.36.070 Frontage, depth and width of site.
● 18.36.080 Coverage.
● 18.36.090 Front yard.
● 18.36.100 Side yards.
● 18.36.110 Rear yard.
● 18.36.120 Height of structures.
● 18.36.140 Off-street loading.
● 18.36.150 Off-street parking.
● 18.36.160 Joint use of parking spaces.
● 18.36.170 Landscaping.
● 18.36.180 Special design and siting criteria for uses in the Old Alvarado area. ● 18.36.1890 Sidewalk café standards.
● 18.36.1905 Standards for live music at full service/sit down restaurants.

City Council/RSA Agenda 356 Tuesday, November 8, 2022
16 ● 18.36.200 Special design and siting criteria for uses on Mission Boulevard. ● 18.36.210 Special criteria for superstores.

18.36.010 Use—Bulk regulations.

Use and bulk regulations applying specifically to commercial districts are set forth in this chapter. Regulations set forth in other chapters that apply to commercial districts include, but are not limited to:

Chapter 18.04—General Provisions
Chapter 18.16—Nonconforming Buildings, Structures and Uses Chapter 18.24—Bulk Regulations
Chapter 18.28—Off-street Parking and Loading
Chapter 18.30—Sign Regulations
Chapter 18.35—Corridor Mixed Use Commercial (CMU) District Chapter 18.38—Station Mixed Use Commercial (CSMU) District Chapter 18.39—Union Landing Commercial (CUL) District
Chapter 18.52—Administration
Chapter 18.54—Administrative Use Permit
Chapter 18.56—Use Permits
Chapter 18.60—Variance Permits
Chapter 18.72—Administrative Development Review
Chapter 18.76—Site Development Review
Chapter 18.106—Landmark and Historic Preservation (LHP) Overlay Zone

18.36.015 Purpose.

City Council/RSA Agenda 357 Tuesday, November 8, 2022
17 B. CN District—Neighborhood Commercial. To provide limited retail and convenience goods and services, with minimal associated impacts, to meet the day to day needs of the City’s residential neighborhoods.

C. CC District—Community Commercial. To stabilize, promote and improve the characteristics of the commercial business environment by providing adequate locations for stores, services and offices which fulfill the needs of the residents of the City as a whole.

E. CSMU District—Station Mixed Use Commercial District. Refer to Chapter 18.38.

F. VMUCS District—Village Mixed UseSpecialty Commercial District. Refer to Chapter 18.27. To promote a mix of small, convenience retail, commercial, office and entertainment uses to enhance the market base of the Old Alvarado neighborhood.

GE. CUL—Union Landing Commercial District. Refer to Chapter 18.39 and Section

18.36.050.

HF. CMU—Corridor Mixed Use Commercial District. Refer to Chapter 18.35.

18.36.020 Permitted uses.

PERMITTED USES CP
A

CN CC CV
R
CS
Apparel and accessory stores X X X X
Automobile sales (new vehicles only) X
City Council/RSA Agenda 358 Tuesday, November 8, 2022
18 Bakeries with retail sales X X X
Banks/savings and loans (excluding check cashing
businesses)

X X X X
Business services (photocopying and small printing shops, computer and data processing, graphic design, sign shops)

X X X X X
Educational and instruction uses (business, beauty,
computer, dance, martial arts, etc.) with an occupant load of less than fifty (50) through the Uniform Building Code

X X X X X
Entertainment and recreation uses (excluding video arcades, pool rooms/halls and dance halls) with an occupant load of less than fifty (50) through the Uniform Building Code

X X X X
Food, fast food/quick service restaurant, in-line only X X X Food, full service/sit down restaurant X X X X X
Food, retail and carry out food store X X X
Food stores, excluding convenience markets X X X
Furniture and home furnishings X X
General merchandise/retail stores X X X
Health services (medical, dental, physical therapy and
pharmacies)

X X X X X
City Council/RSA Agenda 359 Tuesday, November 8, 2022
19 Live music (non-amplified) at full service/sit down restaurants subject to the provisions of Section 18.36.195(A)

X X X X X
Lodges and meeting halls X X
Lodging (hotel and motel) X
Miscellaneous small repair services (watches, clocks, jewelry, small countertop appliances)
X X X
Miscellaneous limited retail typically found in office buildings or hotels
X X
Nurseries and garden stores (without outdoor storage) X X X Office X X X X X
Personal services (laundry, dry cleaning, beauty parlor, barbershop, nail salon, shoe repair, travel agency, tailor, photography studio, etc.)

X X X X X
Pet grooming (no overnight boarding of animals) X X X
Public buildings and grounds X X X
Residential uses, within the Old Alvarado and Mission
Boulevard neighborhoods, located above ground floor
commercial uses
X X X
City Council/RSA Agenda 360 Tuesday, November 8, 2022
20 Seasonal sales lots for holiday trees and pumpkins subject to the provisions of the Policy Statement for the Regulation of Seasonal Sales Lots

X X X X
Any other use determined by the Director to be essentially the same or very similar to the above permitted uses. In making this determination, the findings required under
Section 18.52.060 shall be addressed

X X X X X

18.36.030 Conditional uses.

The following conditional uses shall be permitted in a C district, upon the granting of a use permit, when the symbol “X” is marked in the column beneath the C district:

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

CONDITIONAL USES CP
A

CN CC CV
R
CS
Automotive rental agencies with minor parking requirements, involving no automotive repair or vehicle washing on site X X X
Adult day care facilities X
Child day care facilities X X X X
Educational and instructional uses (business, beauty,
computer, dance, martial arts) with an occupant load of 50 or more through the Uniform Building Code
X X
City Council/RSA Agenda 361 Tuesday, November 8, 2022
21 Live music (amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(B)

X X X X X
Outdoor dining/seating areas X X X X X
Outdoor flower display along the street frontage of a
permanently established florist in Union City
X X X
Veterinarian offices and small animal hospitals including short-term overnight boarding of animals for medical
purposes, provided that all operations are conducted within a completely enclosed building; there is sufficient air
conditioning and soundproofing to effectively confine odors and noise so as not to interfere with the public health, safety, and welfare; and there is no walking of animals outside of the property
X
Any other use determined by the Zoning Administrator to be essentially the same or very similar to the above permitted uses. In making this determination, the findings required under Section 18.52.060 shall be addressed

X X X X X

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

CONDITIONAL USES CP
A

CN CC CV
R
CS
Adult business, only where located at least 1,000 feet away from a school, day care, or faith based facility
X
City Council/RSA Agenda 362 Tuesday, November 8, 2022
22 Arcades, computer gaming, pool rooms/halls X X
Automotive sales—Used vehicles, permitted only in
conjunction with new car sales
X
Automobile washing, including the use of mechanical
conveyors, blowers and steam cleaners
X
Bars, comedy clubs, nightclubs, and lounges X X X X
Body art X X
Check cashing X
Church uses with existing buildings built for and previously occupied by a church
X
Convenience markets X X X
Cybercafé X X X
Discount clubs X
Drive-in/drive-through uses X X
Entertainment and recreation uses with an occupant load of 50 or more through the Uniform Building Code
X X X
City Council/RSA Agenda 363 Tuesday, November 8, 2022
23 Farmers markets, when coordinated in conjunction with the City or the Chamber of Commerce
X X
Food, fast food/quick service restaurant, stand alone X X X Guns and/or ammunition sales X
Health services (including, but not limited to: laboratories, drug treatment clinics, palm reading)
X X
Hospitals, sanitariums and nursing homes X X
Liquor stores X X X
Lodging (hotel and motel) X
Lumber or other building materials with outdoor storage or display
X
Massage X X X X
Mortuaries, crematoriums and funeral homes X
Nurseries and garden stores with outdoor storage X
Public utility and public service pumping stations, power stations, electrical substations, service groups and storage tanks
X X X
City Council/RSA Agenda 364 Tuesday, November 8, 2022
24 Retail tobacco store, only where located more than 1,000 feet from another such use and a “sensitive use.” Distance shall be measured from the closest exterior wall of the structure or portion of the structure in which the use is located to the property line of the “sensitive use”
X
Service stations with the following operational characteristics:

X X

2. Minor automobile service, such as engine tune-ups, oil change, tire sales and service, brake service and smog
check
X

3. The rental of trailers as an incidental part of the service station operation
X

4. The rental of hand tools, garden tools, and other similar equipment as an incidental part of the operation of the service station
X X

5. Gas station marketeers subject to the provisions of the Gas Station Marketeer Policy Statement
X X
Superstores X
City Council/RSA Agenda 365 Tuesday, November 8, 2022
25 Veterinarian offices and small animal hospitals including short-term overnight boarding of animals for medical
purposes, provided that that all operations are conducted within a completely enclosed building; there is sufficient air conditioning and soundproofing to effectively confine odors and noise so as not to interfere with the public health, safety, and welfare; and there is no walking of animals outside of the property
X
Any other use determined by the Planning Commission to be essentially the same or very similar to the above permitted uses. In making this determination, the findings required under Section 18.52.060 shall be addressed

X X X X X

18.36.040 Tobacco products.

18.36.050 Required conditions.

In commercial districts, including the CUL and CMU districts, but excluding the CSMU districts, the following conditions shall be required:

C. Outdoor storage of materials and equipment permitted through the issuance of a use permit shall occur only within an area which is screened from view from public City Council/RSA Agenda 366 Tuesday, November 8, 2022
26 rights-of-way by a solid wall or fence with solid gates where necessary, or compact evergreen hedge not less than six (6) feet in height; provided, that no materials or equipment shall be stored to a height greater than that of the wall, fence or hedge with the exception of live plant material.

F. Products which are produced and sold on-site shall be sold at retail, and not wholesale.

G. Permitted and conditional uses in the CS district located in the Old Alvarado area shall be subject to the special design and siting criteria contained in the land use plan for Old Alvarado adopted by the City Council Resolution No. 4076.80 and as prescribed in Section 18.36.180 of this chapter.

H. Permitted and conditional uses in the Decoto Industrial Park Study Area (DIPSA) shall be subject to the special design and siting criteria contained in the DIPSA plan.

GI. Permitted and conditional uses in the Union Landing Commercial district shall be subject to the special design and siting criteria contained in Chapter 18.39.

HJ. Other provisions of this chapter notwithstanding, all storage, handling or other use of hazardous materials shall be subject to the provisions of Sections 18.40.410 through 18.40.450 of this title.

KI. All commercial development, including both new construction and additions, shall be articulated on all elevations.

LJ. Additions and modifications to commercial projects which are subject to the provisions of Chapter 18.76, Administrative Site Development Review, shall be designed to integrate with the existing project in terms of siting and architectural design.

Above-ground utility installations, when permitted, shall be screened from public view.

Roof equipment shall be screened by architecturally designed panels which are in proportion and scale with the roof line of the existing building.

City Council/RSA Agenda 367 Tuesday, November 8, 2022
27 MK. All wood burning appliances installed in new commercial buildings or wood burning appliances being added to or replacing wood burning appliances in existing commercial buildings shall comply with the following regulations. Commercial buildings shall include, but not be limited to, hotels and restaurants. 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.

2. It is unlawful to:
a. 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;
b. Install a wood burning appliance that is not one of the following:
i. A pellet-fueled wood heater,
ii. An EPA certified wood heater, or
iii. A fireplace certified by EPA should EPA develop a fireplace certification program; c. Use any of the following prohibited fuels in a wood burning appliance:
i. Garbage,
ii. Treated wood,
iii. Plastic products,
iv. Rubber products,
v. Waste petroleum products,
vi. Paints,
City Council/RSA Agenda 368 Tuesday, November 8, 2022
28 vii. Paint solvents,
viii. Coal,
ix. Glossy or colored papers,
x. Particle board,
xi. Saltwater driftwood.

NL. Permitted and conditional uses in the CC district located on Mission Boulevard shall be subject to the special design and siting criteria contained in Section 18.36.200 of this chapter.

OM. Accessory structures must conform to the following standards:

1. No accessory building or 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 building or buildings shall occupy more than thirty percent (30%) of the area of a required rear yard.

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

P. 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.

QN. All development shall comply with the provisions listed in Chapter 7.04 regarding management of waste and recyclable materials.

18.36.060 Site area.

A minimum site area of not less than five thousand (5,000) square feet shall be required.

18.36.070 Frontage, depth and width of site.

City Council/RSA Agenda 369 Tuesday, November 8, 2022
29 No minimum site frontage, depth, and width shall be required.

18.36.080 Coverage.

The amount of the site area covered by structures shall not be restricted subject to the exception that in the CPA district the maximum site area covered by structures shall be fifty percent (50%).

18.36.090 Front yard.

A minimum front yard of twenty (20) feet shall be required. For structures which exceed twenty (20) feet in height, the required setbacks shall be a minimum of twenty-five (25) feet. No front yard shall be required in the CS district, within the Old Alvarado neighborhood.

18.36.100 Side yards.

No side yards shall be required, subject to the following exceptions:

A. In the CN and CC districts, on the side street side of a corner site, a side yard of not less than ten (10) feet shall be required.

B. Where the side property line of a site adjoins property in a residential district, a side yard of not less than twenty (20) feet adjoining the residential district shall be required.

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

18.36.110 Rear yard.

No rear yard shall be required, subject to the following exceptions:

A. In the CN district, a rear yard of not less than ten (10) feet shall be required.

B. Where the rear property line of a site adjoins property in an A or R district, a rear yard of not less than twenty (20) feet shall be required.

C. One (1) foot shall be added at ground level to the required rear yard for each three (3) feet of height by which the structure exceeds twelve (12) feet.

18.36.120 Height of structures.

No structure shall exceed the height as prescribed in the following table:

City Council/RSA Agenda 370 Tuesday, November 8, 2022
30 DISTRICT

CPA CN CC CVR CS
Height limit (in feet) 100 30 100 100 40

18.36.140 Off-street loading.

Gross Floor Area Required Number
1 to 10,000 sq. ft. 1
10,001 to 25,000 sq. ft. 2
25,001 to 40,000 sq. ft. 3
40,001 to 100,000 sq. ft. 4

For each additional two hundred thousand (200,000) square feet of floor area or fraction thereof over one hundred thousand (100,000) square feet of floor area one (1) additional loading berth shall be provided.

18.36.150 Off-street parking.

Public automobile and bicycle parking facilities shall be provided as follows:

A. Places of Assembly.

City Council/RSA Agenda 371 Tuesday, November 8, 2022
31 1. Churches: one (1) space for each five (5) seats in main assembly room or one (1) space for each fifty (50) square feet of floor area, whichever requirement is greater;

2. Funeral homes, mortuaries: one (1) space for each fifty (50) square feet of chapel area or one (1) space for each five (5) seats in the same, whichever requirement is greater;

3. Places of public assembly having fixed seating, such as auditoriums, theaters, assembly halls, sports arenas, stadiums: one (1) space for each four (4) seats;

B. Office, Business, Commercial and Service Uses.

1. Bowling alleys: six (6) spaces for each lane;

2. Hotels and motels: one (1) space for every room plus one (1) space for every two (2) employees on maximum shift;

3. Medical and dental clinic and offices: one (1) space for every two hundred (200) square feet of gross floor area;

4. Offices, banks and professional offices: one (1) space for every two hundred (200) square feet of gross ground floor area and one (1) space for every three hundred (300) square feet of gross floor area above or below the ground floor;

5. Restaurants, bars, nightclubs and lounges: one (1) space for every three (3) seats or one (1) space for every one hundred (100) square feet of gross floor area, whichever requirement is greater;

6. Rest homes, convalescent hospitals, sanitariums: one (1) space for every four (4) beds plus one (1) space for every two (2) employees;
City Council/RSA Agenda 372 Tuesday, November 8, 2022
32 7. Retail sales of automobiles, automobile parts, appliances, furniture, machinery, equipment rental, building materials, nurseries, and other similar retail uses involving primarily bulk merchandise: one (1) space for each four hundred (400) square feet of gross floor area plus one (1) space for each two thousand (2,000) square feet of lot area occupied by such area;

8. Service and repair uses such as printing, upholstering, appliance repair, sheet metal working, wood working or roofing: one (1) space for every five hundred (500) square feet of gross floor area;

9. Service stations: three (3) spaces for each hoist, rack or other area designed for servicing or minor repairs plus one (1) space for every two (2) employees on maximum shift.

D. Other uses shall be provided on the same basis as required for the most similar use or as determined by the City Planning Commission.

E. Bicycle parking facilities shall be provided, at a minimum, in an amount equal to ten percent (10%) of the required automobile parking demand as determined by this chapter except for areas within one-half (1/2) mile of the Intermodal Station. For bicycle parking demand ratios in these areas, see subsection F of this section. Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080. The number of required bicycle parking facilities may be increased by the decision maker for a specific use if it is found that such use shall create a greater demand for these facilities. Bicycle parking may be substituted for automobile parking subject to the provisions outlined in Section 18.28.100 and approval by the decision maker.

F. For areas within one-half (1/2) mile of the Intermodal Station, bicycle parking facilities shall be provided, at a minimum, in an amount equal to twenty percent of the required automobile parking demand as determined by this chapter. A minimum of twenty percent (20%) of the required bicycle parking demand shall be enclosed and secure to accommodate long-term users. Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080. The number of required bicycle parking facilities may be increased by the decision maker for a specific use if it is found that such use shall create a greater demand for these City Council/RSA Agenda 373 Tuesday, November 8, 2022
33 facilities. Bicycle parking may be substituted for automobile parking subject to the provisions outlined in Section 18.28.100 and approval by the decision maker.

18.36.160 Joint use of parking spaces.

The Planning Commission may authorize off-street parking as specified in Section

A. No more than fifty percent (50%) of the parking spaces required for a building or use may be supplied by parking facilities required for any other building or use.

B. The applicant shall submit sufficient data to indicate that there is no substantial conflict in the principal operating hours of the uses proposing to make use of the joint parking facilities.

18.36.170 Landscaping.

B. Replacement of dead, dying or deficient landscaping shall be required for establishment of new uses or modification of existing uses.

C. Site Coverage Requirements.

City Council/RSA Agenda 374 Tuesday, November 8, 2022
34 3. Drive-in and drive-through establishments (gas stations, fast food, etc.) shall include landscaped areas that measure a minimum of twenty percent (20%) of the project site’s area. Excluding sidewalks and walkways, decorative hardscape surfaces and hardscape elements, can constitute up to five percent (5%) of the total requirement.

D. Landscape In-Lieu Fee.

1. Projects that cannot provide the minimum amount of landscaping required in Section 18.32.170(B) shall pay a landscape in-lieu fee in the amount set forth in the City’s Master Fee Schedule.

E. Parking Lot Coverage.

18.36.180 Special design and siting criteria for uses in the Old Alvarado area.

In order to encourage commercial revitalization and development in the Old Alvarado area commercial districts in a manner that is consistent with the land use plan for Old Alvarado, the design of new buildings and the rehabilitation of existing or relocated buildings shall be guided by the following design and siting criteria:

A. General Criteria.

2. Private improvements should complement and exploit the public investment in area improvements to the fullest extent.

3. Weather protection in the form of shade trees, awnings, and overhangs should be provided. Long distances with no weather protection should be avoided.

4. Development design should feature continuous building frontage unbroken by wide openings created by parking areas, and emphasis should be given to building and sidewalk amenities that will attract foot traffic.

City Council/RSA Agenda 375 Tuesday, November 8, 2022
35 5. Scale should be maintained in parking lots. Wherever feasible these should be located to the rear of buildings, and should be broken up by planted areas and shade trees to give a sense of human scale and provide amenities.

6. Extensive landscaping should be provided along street frontages.

7. Sign sizes and placement should be coordinated to avoid the clutter created by signs of unrelated size and shape.

8. The Planning Commission may grant relief from the off-street parking requirements, if it can be demonstrated that sufficient parking is available off-site to service the proposed use.

9. Mixed-use developments shall be regulated by the standard lot size, setback, maximum height, off-street parking requirements and maximum lot coverage requirements of the CS, Specialty Commercial district.

10. For residential uses located above ground floor commercial uses, the density limitations, off-street parking, and bicycle parking requirements shall be based on the regulations for the RM 1500 district. The height limit may be increased to a maximum of fifty (50) feet subject to a use permit. Before the approval of any structure which exceeds forty (40) feet, the Planning Commission must make a finding that any such excess height will not be detrimental to the light, air or privacy of any other structure or use within the surrounding area.

11. On Union City Boulevard, the front Yard setback shall be five (5) feet from the property line and a minimum of fifteen (15) feet from the face of curb to ensure a comfortable pedestrian environment.

B. Smith Street Commercial Area Criteria.

2. The relatively small and intimate scale of Smith Street should be retained. Large, bulky structures which would be out of scale with the street and would dominate existing buildings should be avoided.

3. New and relocated buildings should be placed close to the street to maximize continuous frontage and encourage foot traffic.

City Council/RSA Agenda 376 Tuesday, November 8, 2022
36 4. Where parking lots are located to the rear of buildings, attractive rear entrances should be provided.

5. Exterior treatment of buildings should feature a coordinated color scheme to be implemented as existing structures are remodeled or repainted and new buildings constructed.

C. Union City Boulevard Commercial Area Criteria.

1. Building sizes should be large enough to maintain a good scale relationship with the width of the boulevard.

2. Buildings should be placed close to the front property lines to visually reduce the barren expanse of boulevard pavement.

3. Extensive landscaping should be provided along the street frontage.

4. Development design may feature varied setbacks to accommodate small garden courts and landscaped areas along the street frontage as a means of enhancing the street scene and encourage foot traffic.

5. Exterior treatment of new and remodeled buildings should favor natural materials and earth colors which have a softening influence as opposed to hard concrete and slick surfaces.

18.36.1890 Sidewalk café standards.

Sidewalk cafes with outdoor dining and seating areas are permitted with an administrative use permit approval as detailed in Chapter 18.54, subject to the follow standards:

A. Outdoor dining and seating areas must be located directly in front of the tenant space of the business requesting outdoor dining and seating.

B. A six (6) foot-wide free and clear pedestrian walkway must be provided at all times along the public sidewalk. This walkway must provide for pedestrian access to doorways and crosswalks. Associated amenities for the outdoor dining and seating area, such as landscape planters, shall not encroach into the six (6) foot-wide pedestrian walkway.

C. No tables or seating shall be placed within the area of any handicap ramps, driveways, or doorways.

City Council/RSA Agenda 377 Tuesday, November 8, 2022
37 D. The canopies of umbrellas associated with outdoor tables must provide a minimum vertical clearance of seven (7) feet, unless the umbrella does not extend beyond the outside edge of the table, and shall not be located within nine (9) feet of the face of curb.

F. An encroachment permit from the Public Works Department must be obtained.

K. A permit for a sidewalk café, or a copy thereof, shall be posted in plain view within the food service establishment for which the permit has been issued.

L. Any authorized sidewalk café shall be subject to additional taxes, permits or fees as required by law.

City Council/RSA Agenda 378 Tuesday, November 8, 2022
38 M. The permittee shall carry liability insurance in the amount of at least one million dollars ($1,000,000).

18.36.1905 Standards for live music at full service/sit down restaurants.

The following standards shall apply in the following Zoning Districts: CPA, CC, CN, CVR, VMUCS, CSMU, CUL, MMU, SEMU-R, SEE, and other districts as specified in the district regulations.

B. Amplified live music at full service/sit down restaurants is permitted with an administrative use permit approval as detailed in Chapter 18.54 and shall fully comply with the following standards:

1. Amplified live music shall not be permitted outdoors.

2. Amplified live music shall end by 12:00 a.m.

3. Third-party promoters, cover charges, and drink minimums shall be prohibited.

4. Dance floors and stages shall be prohibited.

5. A full food menu shall be offered and food sales shall be fifty percent (50%) or more of the total gross sales.

6. The maximum occupant load shall be clearly posted.

7. Windows shall remain clear and unobstructed.

8. A security plan addressing, at a minimum, security staffing, emergency exiting, staff training, and exterior site lighting shall be submitted for review and approval by the Police Department as part of the discretionary review.

9. Live music shall conform to the Union City Community Noise Ordinance in Chapter 9.40.

City Council/RSA Agenda 379 Tuesday, November 8, 2022
39 10. The business owner and/or operator shall take reasonable actions necessary to inhibit loitering, shouting, fighting, and other activities that would disturb the peace.

18.36.200 Special design and siting criteria for uses on Mission Boulevard.

C. Weather protection in the form of shade trees, awnings and overhangs should be provided. Long distances with no weather protection should be avoided.

F. Where parking lots are located to the rear of buildings, attractive rear entrances should be provided.

G. On Mission Boulevard, the front yard setback shall be five (5) feet from the property line and a minimum of fifteen (15) feet from the face of curb to ensure a comfortable pedestrian environment.

City Council/RSA Agenda 380 Tuesday, November 8, 2022
40 H. Extensive landscaping should be provided along the street frontage.

J. Exterior treatments of new and remodeled buildings should favor natural materials and earth tone colors to match the California Mission style architecture.

K. Special efforts should be made to encourage a safe, well lighted pedestrian environment along Mission Boulevard.

N. Development design should offer commercial/retail uses on the first floor with residential units only to be located above the first floor when directly adjacent to Mission Boulevard.

O. On-street parking shall be permitted on Mission Boulevard.

P. The streetscape along Mission Boulevard should be enhanced by public art and landscape improvements that enhance the areas visual appeal and establish Mission Boulevard as a gateway to the City.

Q. Sign sizes and placement should be coordinated to avoid the clutter created by signs of unrelated size and shape.

18.36.210 Special criteria for superstores.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING ZONING MAP AMENDMENT (A-22-003) TO UPDATE THE ZONING MAP FOR CONSISTENCY WITH THE DRAFT 2023-2031 HOUSING ELEMENT 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 Ordinance (Title 18) currently regulates the uses allowed within the City.

PLANNING COMMISSION REVIEW
WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed amendments on October 20, 2022, at which time all interested parties had the opportunity to be heard. The Planning Commission considered a staff report dated October 20, 2020 and all written and oral testimony, and adopted Resolution No. 21-22 recommending approval of the Zoning Map amendments. The staff report 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 November 8, 2022, at which time all interested parties had the opportunity to be heard. The City Council considered a staff report dated November 8, 2022 (including background reports) and incorporated herein by reference, the Planning Commission recommendation, and all written and oral testimony before taking action on the amendments; and WHEREAS, the amendment to the Official Zoning Map includes the following components, as shown in Exhibit A, which is attached hereto and incorporated herein by reference:
 Rezoning APNs 475-141-13-2, 475-141-2, 87-36-148, and 87-36-149 from Neighborhood Commercial (CN) to Corridor Mixed Use (CMU)  Rezoning APNs 486-18-59, 486-18-60, 486-18-61, 486-18-62, 486-18-63, 486-18- 64, 486-18-65-2, 486-18-69, and 486-18-71 from Neighborhood Commercial (CN) to RM 1500
 Rezoning APN 486-18-70 from R 5000 to RM 1500
 Rezoning APN 486-6-30 from Community Commercial (CC) to Corridor Mixed Use (CMU)
 Rezoning APN 483-10-12-1 from RS 6000 to RM 2500
 Rezoning APNs 483-10-22-3, 483-10-21-1, 483-10-20, and 483-10-19-1 and all other parcels currently zoned Specialty Commercial (CS) to Village Mixed-Use (VMU)
 Rezoning APN 482-27-16-1 from Light Industrial (ML) to RM 1500 City Council/RSA Agenda 382 Tuesday, November 8, 2022
Ordinance No. XXX-22
A-22-003

Page 2 ends

 Rezoning APNs 483-5-11-2, 483-5-12, 483-5-9-2, 483-5-10, 483-5-7-7, and 483- 5-8-1 from Special Industrial (MS) to Village Mixed-Use (VMU) 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. The City Council adopted Resolution XXXX-22, dated November 8, 2022 and incorporated herein by reference, adopting an Addendum to the 2040 General Plan Environmental Impact Report for the Draft 2023-2031 Housing Element Amendments.

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 Zoning Map Amendments are consistent with the General Plan,

2. The proposed Zoning Map Amendments are necessary and desirable to achieve the purposes of Title 18.

SECTION 4. Approval. The City Council hereby approves the amendments to the Official Zoning Map, as described above and 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.

City Council/RSA Agenda 383 Tuesday, November 8, 2022
Ordinance No. XXX-22
A-22-003

Page 3 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 8th day of November 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 384 Tuesday, November 8, 2022
Attachment 4 Exhibit A
1 Zoning Amendment Figures
Existing Zoning: Neighborhood
Commercial (CN)
Proposed Zoning: Corridor Mixed Use
(CMU)
SITE LM-7: WHIPPLE AND LISTON WAY
ADDRESS: 1780 WHIPPLE RD
475-141-13-2 475-141-13-2
Existing Zoning: Neighborhood
Commercial (CN)
Proposed Zoning: Corridor Mixed Use
(CMU)
SITE LM-8: WHIPPLE AND MEDALLION DRIVE
ADDRESS: 1800 WHIPPLE RD
475-141-2 475-141-2
City Council/RSA Agenda 385 Tuesday, November 8, 2022
Attachment 4 Exhibit A
2 SITE LM-10: MISSION AND TAMARACK DRIVE SITE
ADDRESS: 33090 MISSION BOULEVARD
Existing Zoning: Neighborhood
Commercial (CN)
Proposed Zoning: Corridor Mixed Use
(CMU)
87-36-148 87-36-148
87-36-149 87-36-149
Existing Zoning: Neighborhood
Commercial (CN) & R 5000
SITE LM-9: WHIPPLE/CEMEX SITE
ADDRESS: 920, 900, 884, 854, 884 WHIPPLE ROAD
Proposed Zoning: RM 1500
486-18-69
486-18-61
486-18-70
486-18-71
486-18-63
486-18-62
486-18-60
486-18-59
486-18-69
486-18-61
486-18-70
486-18-71
486-18-63
486-18-62
486-18-60
486-18-59
486-18-65-2
486-18-64
486-18-65-2
486-18-64
City Council/RSA Agenda 386 Tuesday, November 8, 2022
Attachment 4 Exhibit A
3 SITE LM-11: MISSION AND F STREET SITE
ADDRESS: 33549 MISSION BOULEVARD
Existing Zoning: Community Commercial
(CC)
Proposed Zoning: Corridor Mixed Use
(CMU)
486-6-30 486-6-30
SITE LM-12: VALLEJO ST. AND GRANGER AVE. SITE
ADDRESS: 30793 VALLEJO STREET
Existing Zoning: RS 6000 Proposed Zoning: RM 2500
483-10-12-1 483-10-12-1
City Council/RSA Agenda 387 Tuesday, November 8, 2022
Attachment 4 Exhibit A
4 Existing Zoning: Specialty Commercial
(CS)
Proposed Zoning: Village Mixed Use
Commercial (VMU)
SITE LM-13: SMITH STREET SITE
ADDRESS: 3995, 3969, 3955 SMITH STREET
483-10-22-3
483-10-19-1
483-10-21-1 483-10-20
483-10-22-3
483-10-19-1
483-10-21-1 483-10-20
Existing Zoning: Light Industrial (ML) Proposed Zoning: RM 1500 SITE LM-14: DIAMOND MINE MINI-STORAGE SITE
ADDRESS: 4400 HORNER STREET
482-27-16-1 482-27-16-1
City Council/RSA Agenda 388 Tuesday, November 8, 2022
Attachment 4 Exhibit A
5 SITE LM-15: UNION CITY BOULEVARD SITE
ADDRESS: 30500-30600 UNION CITY BOULEVARD
Existing Zoning: Special Industrial (MS) Proposed Zoning: Village Mixed Use Commercial (VMU)
City Council/RSA Agenda 389 Tuesday, November 8, 2022
PLANNING COMMISSION RESOLUTION NUMBER #19-22

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UNION CITY

RECOMMENDING CITY COUNCIL APPROVAL OF GENERAL PLAN
AMENDMENT, AG-22-003, ASSOCIATED WITH DRAFT 2023-2031 HOUSING

ELEMENT
WHEREAS, by Resolution No. 5549-19, duly adopted by the City Council of Union City on December 10, 2019, there was adopted documents consisting of text, maps, and charts, entitled Union City 2040 General Plan, dated December 10, 2019, which included the reports in support thereof as the General Plan of Union City; and WHEREAS, the Housing Element is a mandatory element of the General Plan required to be updated every eight years; and
WHEREAS, the State of California Government Code Section 65588 requires the review and adoption of a Housing Element that may be updated according to the Association of Bay Area Governments Regional Housing Needs Assessment (“RHNA”) planning cycle; and
WHEREAS, the City is required to report to the State Department of Housing and Community Development (“HCD”) on how the RNHA can be accommodated within the planning period; and
WHEREAS, the City has prepared a draft 2023-2031 Union City Housing Element (“Draft Housing Element”) for the sixth cycle planning period; and WHEREAS, the Draft Housing Element evaluates housing needs and issues in the City for all income levels, and contains goals, policies, objectives, implementation programs, and an inventory of opportunity sites; and
WHEREAS, amendments to the General Plan, Zoning Ordinance, and Zoning Map are required to be adopted in advance of certification of the Housing Element in order for the City to accommodate its RHNA by January 31, 2023 of 2,728 housing units, including 1,358 lower-income units; and
WHEREAS, amendments to the General Plan (AG-22-003) are proposed for consistency with the Draft Housing Element and include the following components:
• Land Use Element: amending Figure LU-1, removing a reference to Program SA-7A, and removing Policy LU-5.9
• Special Areas Element: amending Figure SA-1, amending Figure SA-7.1, amending Policy SA-7.3, removing Program SA-7.A, amending Figure SA11.1, and amending Figure SA-11.2 • Economic Development Element: modifications to Policy ED-1.4 and Program ED-1.B; and
DocuSign Envelope ID: 17F6731D-8CE4-4104-A9E1-EB1CDD90855D City Council/RSA Agenda 390 Tuesday, November 8, 2022
Planning Commission Resolution No. #19-22
Draft Housing Element General Plan Amendment
AG-22-003

Page 2 of 4 ends

WHEREAS, amendments to Title 18, Zoning, (AT-22-006) are proposed, for consistency with the Draft Housing Element; and
WHEREAS, amendments to the Zoning Map (A-22-003) are proposed for consistency with the Draft Housing Element; and
WHEREAS, the City circulated the Draft Housing Element for a 30-day public review period from June 13, 2022 to July 13, 2022 in compliance with State of California Government Code Section 65583. The Draft Housing Element was available for review on the City’s website; and
WHEREAS, the Planning Commission reviewed a Staff Report dated July 7, 2022 and the Draft Housing Element and amendments, prior to initial submittal to HCD, at a noticed meeting on June 7, 2022 during the 30-day comment period; and WHEREAS, the public and the Planning Commission had the opportunity to present written and oral comments on the Draft Housing Element and amendments; and WHEREAS, the Draft 2023-2031 Housing Element was revised and posted on the City’s website on July 28, 2022 and submitted to HCD for a 90-day review period; and WHEREAS, the General Plan amendments are shown Exhibit A and B, attached hereto and made part hereof; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), an Addendum to the 2040 General Plan was prepared for the Draft Housing Element amendments; and
WHEREAS, pursuant to Section 65854 of the Government Code, the Planning Commission held a duly noticed public hearing on the Project on October 20, 2022 at which time all interested parties had the opportunity to be heard. The Planning Commission considered the Draft Housing Element amendments and EIR Addendum, a staff report dated October 20, 2022, and all written and oral testimony; and WHEREAS, a staff report, dated October 20, 2022 and incorporated herein by reference, described and analyzed the Draft Housing Element amendments and EIR Addendum for the Planning Commission; and
WHEREAS, the Planning Commission adopted Resolution No. 18-22 recommending that the City Council Adopt an Addendum to the General Plan Environmental Impact Report
NOW, THEREFORE, BE IT RESOLVED, that the foregoing recitals are true and correct and made a part of this resolution.

DocuSign Envelope ID: 17F6731D-8CE4-4104-A9E1-EB1CDD90855D City Council/RSA Agenda 391 Tuesday, November 8, 2022
Planning Commission Resolution No. #19-22
Draft Housing Element General Plan Amendment
AG-22-003

Page 3 of 4 ends

BE IT FURTHER RESOLVED that the Planning Commission of the City of Union City hereby recommends to the City Council adopt a resolution approving General Plan Amendment, AG-22-003, to amend the General Plan as contained in Exhibit A and B and does hereby find as follows:

DocuSign Envelope ID: 17F6731D-8CE4-4104-A9E1-EB1CDD90855D City Council/RSA Agenda 392 Tuesday, November 8, 2022
Planning Commission Resolution No. #19-22
Draft Housing Element General Plan Amendment
AG-22-003

Page 4 of 4 ends

I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission of the City of Union City held on October 20, 2022 by the following vote:

AYES: MANN, LEW, SAKAKIHARA, AGBUYA
NOTES:

ABSTAINED:

ABSENT:

MOVED: SAKAKIHARA
SECONDED: AGBUYA

APPROVED

HARPAL MANN, CHAIRPERSON
ATTEST:

CARMELA CAMPBELL, SECRETARY
DocuSign Envelope ID: 17F6731D-8CE4-4104-A9E1-EB1CDD90855D City Council/RSA Agenda 393 Tuesday, November 8, 2022
PLANNING COMMISSION RESOLUTION NUMBER #20-22

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UNION CITY

RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING TEXT AMENDMENT (AT-22-006) TO UPDATE TITLE 18, ZONING, FOR CONSISTENCY WITH THE 2023-2031 DRAFT HOUSING ELEMENT INCLUDING CREATION OF CHAPTER 18.27 AND RELATED MISCELLANEOUS UPDATES TO CHAPTERS

18.35 and 18.36
WHEREAS, by Resolution No. 5549-19, duly adopted by the City Council of Union City on December 10, 2019, there was adopted documents consisting of text, maps, and charts, entitled Union City 2040 General Plan, dated December 10, 2019, which included the reports in support thereof as the General Plan of Union City; and WHEREAS, the Housing Element is a mandatory element of the General Plan required to be updated every eight years; and
WHEREAS, the State of California Government Code Section 65588 requires the review and adoption of a Housing Element that may be updated according to the Association of Bay Area Governments Regional Housing Needs Assessment (“RHNA”) planning cycle; and
WHEREAS, the City is required to report to the State Department of Housing and Community Development (“HCD”) on how the RNHA can be accommodated within the planning period; and
WHEREAS, the City has prepared a draft 2023-2031 Union City Housing Element (“Draft Housing Element”) for the sixth cycle planning period; and WHEREAS, the Draft Housing Element evaluates housing needs and issues in the City for all income levels, and contains goals, policies, objectives, implementation programs, and an inventory of opportunity sites; and

WHEREAS, amendments to the General Plan, Zoning Ordinance, and Zoning Map are required to be adopted in advance of certification of the Housing Element in order for the City to accommodate its RHNA by January 31, 2023 of 2,728 housing units, including 1,358 lower-income units; and
WHEREAS, amendments to the General Plan (AG-22-003) are proposed for consistency with the Draft Housing Element; and
WHEREAS, amendments to the Zoning Map (A-22-003) are proposed for consistency with the Draft Housing Element; and
WHEREAS, Zoning Text Amendment, AT-22-006, updates the Zoning Ordinance for consistency with the Draft Housing Element and includes the following components:
• Addition of Chapter 18.26, Village Mixed Use Zoning District DocuSign Envelope ID: 17F6731D-8CE4-4104-A9E1-EB1CDD90855D City Council/RSA Agenda 394 Tuesday, November 8, 2022
Planning Commission Resolution No. #20-22
Draft Housing Element Zoning Text Amendment
AT-22-006

Page 2 of 4 ends

• Miscellaneous updates to Chapters 18.35 and 18.36 for consistency with the General Plan and Draft Housing Element programs and policies; and WHEREAS, the City circulated the Draft Housing Element for a 30-day public review period from June 13, 2022 to July 13, 2022 in compliance with State of California Government Code Section 65583. The Draft Housing Element was available for review on the City’s website; and
WHEREAS, the Planning Commission reviewed a Staff Report dated July 7, 2022 and the Draft Housing Element and amendments, prior to initial submittal to HCD, at a noticed meeting on June 7, 2022 during the 30-day comment period; and WHEREAS, the public and the Planning Commission had the opportunity to present written and oral comments on the Draft Housing Element and amendments; and WHEREAS, the Draft 2023-2031 Housing Element was revised and posted on the City’s website on July 28, 2022 and submitted to HCD for a 90-day review period; and WHEREAS, the Zoning text amendments are labeled Exhibit A and B (Redlined), attached hereto and made part hereof; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), an Addendum to the 2040 General Plan was prepared for the Draft Housing Element amendments; and
WHEREAS, pursuant to Section 65854 of the Government Code, the Planning Commission held a duly noticed public hearing on the Project on October 20, 2022 at which time all interested parties had the opportunity to be heard. The Planning Commission considered the Draft Housing Element amendments and EIR Addendum, a staff report dated October 20, 2022, and all written and oral testimony; and WHEREAS, a staff report, dated October 20, 2022 and incorporated herein by reference, described and analyzed the Draft Housing Element amendments and EIR Addendum for the Planning Commission; and
WHEREAS, the Planning Commission adopted Resolution No. 18-22 recommending that the City Council Adopt an Addendum to the General Plan Environmental Impact Report
NOW, THEREFORE, BE IT RESOLVED, that the foregoing recitals are true and correct and made a part of this resolution.

BE IT FURTHER RESOLVED that the Planning Commission of the City of Union City hereby recommends to the City Council to adopt an ordinance approving Zoning Text Amendment AT-22-006 and does hereby find as follows:

DocuSign Envelope ID: 17F6731D-8CE4-4104-A9E1-EB1CDD90855D City Council/RSA Agenda 395 Tuesday, November 8, 2022
Planning Commission Resolution No. #20-22
Draft Housing Element Zoning Text Amendment
AT-22-006

Page 3 of 4 ends

1. That the proposed Zoning text amendment should be granted to ensure consistency with State law which requires consistency between the General Plan, Housing Element, and Zoning Ordinance and to provide housing opportunity for all income levels.

2. That the proposed Zoning text amendment is consistent with the General Plan because the proposed amendment replaces an existing zoning district, Specialty Commercial (CS) in Chapter 18.32 (Commercial Districts), with a new zoning district, Chapter 18.27, Village Mixed Use (VMU), to align with the General Plan and updates existing zoning districts to implement the vision, goals and policies of the Housing Element and General Plan, as amended, to facilitate the development of projects that mix housing, commercial, or employment uses to enable residents to live close to businesses and employment and continue to provide opportunities for a variety of housing types at varying densities and affordability levels.

3. That the proposed Zoning text amendment is necessary and desirable to achieve the purpose of Title 18 because the amendments will facilitate development opportunities for housing at multiple income levels, which aligns with the purpose to encourage the provision of a variety of housing types and prices to meet the needs of all economic segments of the City and fix reasonable standards to which buildings and building additions shall conform.

DocuSign Envelope ID: 17F6731D-8CE4-4104-A9E1-EB1CDD90855D City Council/RSA Agenda 396 Tuesday, November 8, 2022
Planning Commission Resolution No. #20-22
Draft Housing Element Zoning Text Amendment
AT-22-006

Page 4 of 4 ends

I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission of the City of Union City held on October 20, 2022 by the following vote:

AYES: MANN, LEW, SAKAKIHARA, AGBUYA
NOTES:

ABSTAINED:

ABSENT:

MOVED: SAKAKIHARA
SECONDED: AGBUYA

APPROVED

HARPAL MANN, CHAIRPERSON
ATTEST:

CARMELA CAMPBELL, SECRETARY
DocuSign Envelope ID: 17F6731D-8CE4-4104-A9E1-EB1CDD90855D City Council/RSA Agenda 397 Tuesday, November 8, 2022
PLANNING COMMISSION RESOLUTION NUMBER #21-22

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UNION CITY

RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVE ZONING MAP AMENDMENT (A-22-003) TO UPDATE THE ZONING MAP FOR CONSISTENCY WITH THE DRAFT 2023-2031 HOUSING ELEMENT WHEREAS, by Resolution No. 5549-19, duly adopted by the City Council of Union City on December 10, 2019, there was adopted documents consisting of text, maps, and charts, entitled Union City 2040 General Plan, dated December 10, 2019, which included the reports in support thereof as the General Plan of Union City; and WHEREAS, the Housing Element is a mandatory element of the General Plan required to be updated every eight years; and
WHEREAS, the State of California Government Code Section 65588 requires the review and adoption of a Housing Element that may be updated according to the Association of Bay Area Governments Regional Housing Needs Assessment (“RHNA”) planning cycle; and
WHEREAS, the City is required to report to the State Department of Housing and Community Development (“HCD”) on how the RNHA can be accommodated within the planning period; and
WHEREAS, the City has prepared a draft 2023-2031 Union City Housing Element (“Draft Housing Element”) for the sixth cycle planning period; and WHEREAS, the Draft Housing Element evaluates housing needs and issues in the City for all income levels, and contains goals, policies, objectives, implementation programs, and an inventory of opportunity sites; and

WHEREAS, amendments to the General Plan, Zoning Ordinance, and Zoning Map are required to be adopted in advance of certification of the Housing Element in order for the City to accommodate its RHNA by January 31, 2023 of 2,728 housing units, including 1,358 lower-income units; and
WHEREAS, amendments to the General Plan (AG-22-003) are proposed for consistency with the Draft Housing Element; and
WHEREAS, amendments to Title 18, Zoning (AT-22-006) are proposed for consistency with the Draft Housing Element; and
WHEREAS, Zoning Map Amendment, A-22-003, updates the Zoning Ordinance for consistency with the Draft Housing Element and includes the following components:
• Rezoning APNs 475-141-13-2, 475-141-2, 87-36-148, and 87-36-149 from Neighborhood Commercial (CN) to Corridor Mixed Use (CMU) DocuSign Envelope ID: 17F6731D-8CE4-4104-A9E1-EB1CDD90855D City Council/RSA Agenda 398 Tuesday, November 8, 2022
Planning Commission Resolution No. #21-22
Draft Housing Element Zoning Map Amendment
A-22-003

Page 2 of 4 ends

• Rezoning APNs 486-18-59, 486-18-60, 486-18-61, 486-18-62, 486-18-63, 486-18-64, 486-18-65-2, 486-18-69, and 486-18-71 from Neighborhood Commercial (CN) to RM 1500
• Rezoning APN 486-18-70 from R 5000 to RM 1500
• Rezoning APN 486-6-30 from Community Commercial (CC) to Corridor Mixed Use (CMU)
• Rezoning APN 483-10-12-1 from RS 6000 to RM 2500
• Rezoning APNs 483-10-22-3, 483-10-21-1, 483-10-20, and 483-10-19-1 and all other parcels currently zoned Specialty Commercial (CS) to Village Mixed-Use (VMU)
• Rezoning APN 482-27-16-1 from Light Industrial (ML) to RM 1500 • Rezoning APNs 483-5-11-2, 483-5-12, 483-5-9-2, 483-5-10, 483-5-7-7, and 483-5-8-1 from Special Industrial (MS) to Village Mixed-Use (VMU) WHEREAS, the City circulated the Draft Housing Element for a 30-day public review period from June 13, 2022 to July 13, 2022 in compliance with State of California Government Code Section 65583. The Draft Housing Element was available for review on the City’s website; and
WHEREAS, the Planning Commission reviewed a Staff Report dated July 7, 2022 and the Draft Housing Element and amendments, prior to initial submittal to HCD, at a noticed meeting on June 7, 2022 during the 30-day comment period; and WHEREAS, the public and the Planning Commission had the opportunity to present written and oral comments on the Draft Housing Element and amendments; and WHEREAS, the Draft 2023-2031 Housing Element was revised and posted on the City’s website on July 28, 2022 and submitted to HCD for a 90-day review period; and WHEREAS, the proposed Zoning Map Amendment is shown in Exhibit A, attached hereto and made part hereof; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), an Addendum to the 2040 General Plan was prepared for the Draft Housing Element amendments; and
WHEREAS, pursuant to Section 65854 of the Government Code, the Planning Commission held a duly noticed public hearing on the Project on October 20, 2022 at which time all interested parties had the opportunity to be heard. The Planning Commission considered the Draft Housing Element amendments and EIR Addendum, a staff report dated October 20, 2022, and all written and oral testimony; and WHEREAS, a staff report, dated October 20, 2022 and incorporated herein by reference, described and analyzed the Draft Housing Element amendments and EIR Addendum for the Planning Commission; and
DocuSign Envelope ID: 17F6731D-8CE4-4104-A9E1-EB1CDD90855D City Council/RSA Agenda 399 Tuesday, November 8, 2022
Planning Commission Resolution No. #21-22
Draft Housing Element Zoning Map Amendment
A-22-003

Page 3 of 4 ends

WHEREAS, the Planning Commission adopted Resolution No. 18-22 recommending that the City Council Adopt an Addendum to the General Plan Environmental Impact Report
NOW, THEREFORE, BE IT RESOLVED, that the foregoing recitals are true and correct and made a part of this resolution.

BE IT FURTHER RESOLVED that the Planning Commission of the City of Union City hereby recommends the City Council adopt an ordinance approving Zoning Map Amendment A-22-003 and does hereby find as follows:

1. That the proposed Zoning map amendment should be granted to ensure consistency with State law which requires consistency between a jurisdiction’s General Plan, Housing Element, and Zoning Ordinance.

2. That the proposed Zoning map amendment is consistent with the General Plan. The proposed map amendment replaces an existing zoning district, Specialty Commercial (CS), with a new zoning district, Village Mixed Use (VMU), to align with the General Plan land uses, and applies existing zoning districts to new parcels to implement the vision, goals and policies of the General Plan and Housing Element.

3. That the proposed Zoning map amendment is necessary and desirable to achieve the purpose of Title 18 because the amendment will encourage the provision of a variety of housing types and prices to meet the needs of all economic segments of the City and fix reasonable standards to which buildings and building additions shall conform.

DocuSign Envelope ID: 17F6731D-8CE4-4104-A9E1-EB1CDD90855D City Council/RSA Agenda 400 Tuesday, November 8, 2022
Planning Commission Resolution No. #21-22
Draft Housing Element Zoning Map Amendment
A-22-003

Page 4 of 4 ends

I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission of the City of Union City held on October 20, 2022 by the following vote:

AYES: MANN, LEW, SAKAKIHARA, AGBUYA
NOTES:

ABSTAINED:

ABSENT:

MOVED: SAKAKIHARA
SECONDED: AGBUYA

APPROVED

HARPAL MANN, CHAIRPERSON
ATTEST:

CARMELA CAMPBELL, SECRETARY
DocuSign Envelope ID: 17F6731D-8CE4-4104-A9E1-EB1CDD90855D City Council/RSA Agenda 401 Tuesday, November 8, 2022
PLANNING COMMISSION RESOLUTION NUMBER #18-22

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UNION CITY

RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ADDENDUM TO

THE GENERAL PLAN ENVIRONMENTAL IMPACT REPORT
WHEREAS, by Resolution No. 5549-19, duly adopted by the City Council of Union City on December 10, 2019, there was adopted documents consisting of text, maps, and charts, entitled Union City 2040 General Plan, dated December 10, 2019, which included the reports in support thereof as the General Plan of Union City; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, an Environmental Impact Report (EIR) (State Clearinghouse No. 2018102057) for the 2040 General Plan was prepared and certified by the City in November 2019;
WHEREAS, the Housing Element is a mandatory element of the General Plan required to be updated every eight years; and
WHEREAS, the State of California Government Code Section 65588 requires the review and adoption of a Housing Element that may be updated according to the Association of Bay Area Governments Regional Housing Needs Assessment (“RHNA”) planning cycle; and
WHEREAS, the City is required to report to the State Department of Housing and Community Development (“HCD”) on how the RNHA can be accommodated within the planning period; and
WHEREAS, the City has prepared a draft 2023-2031 Union City Housing Element (“Draft Housing Element”) for the sixth cycle planning period; and WHEREAS, the Draft Housing Element evaluates housing needs and issues in the City for all income levels, and contains goals, policies, objectives, implementation programs, and an inventory of opportunity sites; and
WHEREAS, amendments to the General Plan, Zoning Ordinance, and Zoning Map are required to be adopted in advance of certification of the Housing Element in order for the City to accommodate its RHNA by January 31, 2023 of 2,728 housing units, including 1,358 lower-income units; and
WHEREAS, amendments to the General Plan (AG-22-003) are proposed for consistency with the Draft Housing Element; and
WHEREAS, amendments to Title 18, Zoning, (AT-22-006) are proposed, for consistency with the Draft Housing Element; and
DocuSign Envelope ID: 17F6731D-8CE4-4104-A9E1-EB1CDD90855D City Council/RSA Agenda 402 Tuesday, November 8, 2022
Planning Commission Resolution No. #18-22
Draft Housing Element Amendments Addendum

Page 2 of 4 ends

WHEREAS, amendments to the Zoning Map (A-22-003) are proposed for consistency with the Draft Housing Element; and
WHEREAS, the City circulated the Draft Housing Element for a 30-day public review period from June 13, 2022 to July 13, 2022 in compliance with State of California Government Code Section 65583. The Draft Housing Element was available for review on the City’s website; and
WHEREAS, the Planning Commission reviewed a Staff Report dated July 7, 2022 and the Draft Housing Element and amendments, prior to initial submittal to HCD, at a noticed meeting on June 7, 2022 during the 30-day comment period; and WHEREAS, the public and the Planning Commission had the opportunity to present written and oral comments on the Draft Housing Element and amendments; and WHEREAS, the Draft 2023-2031 Housing Element was revised and posted on the City’s website on July 28, 2022 and submitted to HCD for a 90-day review period; and WHEREAS, Section 15164 of the CEQA Guidelines provides that an addendum to a previously adopted environmental impact report or mitigated negative declaration may be prepared if only minor technical changes or additions to the project are necessary or none of the conditions described in CEQA Guidelines Section 15162 calling for the preparation of a subsequent environmental impact report or negative declaration have occurred; and
WHEREAS, the City has prepared an Addendum to the 2040 General Plan EIR for the draft Housing Element amendments (“Addendum”), which determined that none of the conditions described in CEQA Guidelines section 15162 will occur; and WHEREAS, the Addendum was posted to the City’s website and referenced in the public notice for the October 20, 2022 Planning Commission public hearing; and WHEREAS, a staff report, dated October 20, 2022 and incorporated herein by reference, described and analyzed the Draft Housing Element amendments and Addendum for the Planning Commission; and
WHEREAS, pursuant to Section 65854 of the Government Code, the Planning Commission reviewed the staff report, and the Addendum at a noticed public hearing on October 20, 2022 at which time all interested parties had the opportunity to be heard; and WHEREAS, the Addendum, reflects the City’s independent judgment and analysis on the potential for environmental impacts; and
WHEREAS, none of the conditions requiring preparation of a subsequent EIR or DocuSign Envelope ID: 17F6731D-8CE4-4104-A9E1-EB1CDD90855D City Council/RSA Agenda 403 Tuesday, November 8, 2022
Planning Commission Resolution No. #18-22
Draft Housing Element Amendments Addendum

Page 3 of 4 ends

negative declaration have occurred, and that the changes that are part of the Draft Housing Element amendments identified in the Addendum would not result in any significant impacts not considered under the original 2040 General Plan EIR; and WHEREAS the Addendum is available for review on the City’s website at https://www.unioncity.org/347/Planning-Documents, and at the Economic and Community Development Department at City Hall during normal business hours. The location and custodian of the Addendum and other documents that constitute the record of proceedings for Draft Housing Element amendments is the City of Union City Economic and Community Development Department, 34009 Alvarado-Niles Road, Union City, CA 94587.

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

BE IT FURTHER RESOLVED that the Planning Commission of the City of Union City hereby recommends the City Council adopt an Addendum to the 2040 General Plan Environmental Impact Report in compliance with CEQA and the CEQA Guidelines and does hereby find as follows
A. The Planning Commission has reviewed and considered the Addendum to the 2040 General Plan Final Environmental Impact Report and finds that none of the conditions requiring preparation of a subsequent EIR or negative declaration have occurred, and that the changes that are part of the project would not result in any significant impacts not considered under the original EIR.

B. The Addendum to the 2040 General Plan Final Environmental Impact Report is the appropriate CEQA document for the project and has been prepared in compliance with CEQA and the CEQA Guidelines. The Addendum has been prepared as required by law and the document reflects the independent judgement and analysis of the City of Union City, which has exercised overall control and direction of its preparation.

DocuSign Envelope ID: 17F6731D-8CE4-4104-A9E1-EB1CDD90855D City Council/RSA Agenda 404 Tuesday, November 8, 2022
Planning Commission Resolution No. #18-22
Draft Housing Element Amendments Addendum

Page 4 of 4 ends

I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission of the City of Union City held on October 20, 2022 by the following vote:

AYES: MANN, LEW, SAKAKIHARA, AGBUYA
NOES:

ABSTAINED:

ABSENT:

MOVED: SAKAKIHARA
SECONDED: AGBUYA

APPROVED

HARPAL MANN, CHAIRPERSON
ATTEST:

CARMELA CAMPBELL, SECRETARY
DocuSign Envelope ID: 17F6731D-8CE4-4104-A9E1-EB1CDD90855D City Council/RSA Agenda 405 Tuesday, November 8, 2022
Agenda Item
DATE: OCTOBER 20, 2022
TO: PLANNING COMMISSION
FROM: CARMELA CAMPBELL, ECONOMIC, AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: DRAFT HOUSING ELEMENT AMENDMENTS TO THE
GENERAL PLAN AND TITLE 18, ZONING, OF THE UNION
CITY MUNICIPAL CODE, AND AN ADDENDUM TO THE 2040
GENERAL PLAN ENVIRONMENTAL IMPACT REPORT (EIR).

APPLICANT: CITY OF UNION CITY
REQUEST: GENERAL PLAN AMENDMENT (AG-22-003) MUNICIPAL
CODE AMENDMENT (AT-22-006), ZONING MAP
AMENDMENT (A-22-003), AND AN ADDENDUM TO THE 2040
GENERAL PLAN EIR: The City is proposing to amend the 2040 General Plan; the Zoning Map; and Title 18 of the Union City Municipal Code, for consistency with the Draft 2023-2031 Union City Housing Element and 2040 General Plan.

LOCATION: Citywide
ENVIRONMENTAL ASSESSMENT:

In accordance with State California Environmental Quality Act (CEQA) Guidelines Section 15164, an Addendum (Attachment 1 Exhibit A) to the 2040 General Plan Environmental Impact Report (EIR) has been prepared for the proposed Draft Housing Element amendments.

Attachment 5
City Council/RSA Agenda 406 Tuesday, November 8, 2022
Planning Commission Staff Report, October 20, 2022
AT-22-006 A22-003 AG-22-003 Draft Housing Element Amendments, Page 2 SUMMARY:

The City of Union City is proposing amendments to the General Plan, Zoning Ordinance, and Zoning Map for conformance with the Draft Housing Element. The City, as the lead agency under CEQA, has also prepared an Addendum to the 2040 General Plan EIR evaluating potential CEQA impacts associated with the amendments. These proposed amendments include rezoning and/or redesignating1 nine specific sites in the city to allow residential development or intensify residential land uses, adopting a new Zoning Ordinance, Chapter 18.27, Village Mixed Use (VMU) District, to implement the 2040 General Plan Village Mixed Use (VMU) designation, minor amendments to Chapter

18.35, Corridor Mixed Use Commercial (CMU) District, and Chapter 18.36, Commercial Districts, for consistency with the Draft Housing Element, and related Zoning Map amendments. These amendments are required for the City to meet its obligation under State law to maintain an inventory of vacant and underutilized land suitable for residential development that can accommodate a total of 2,728 housing units by January 31, 2023.

I. BACKGROUND
2023-2031 Draft Housing Element
The Housing Element is one of seven mandatory elements that must be included in Union City’s General Plan and unlike the other elements is required to be updated every eight years. This element evaluates housing needs and issues in the City, and contains goals, policies, objectives, and implementation programs that the City uses to guide actions related to housing. An important part of State housing element law is the determination of the City’s ability to accommodate State forecasted housing demand for all income levels. The Association of Bay Area Governments (ABAG) manages the Regional Housing Needs Allocation (RHNA) process, which assigns a “fair share” of housing to the jurisdictions in the Bay Area. Each jurisdiction is required to report to the State Department of Housing and Community Development (HCD) on how the fair share allocation can be accommodated within the planning period. For the 2023-2031 planning 1 Some sites are proposed to be rezoned and redesignated (i.e., update General Plan land use designation), while other are proposed to be rezoned or redesignated. See section II (Discussion) below and Attachment 2 Exhibit B and Attachment 4 Exhibit A.

City Council/RSA Agenda 407 Tuesday, November 8, 2022
Planning Commission Staff Report, October 20, 2022
AT-22-006 A22-003 AG-22-003 Draft Housing Element Amendments, Page 3 period, Union City’s RHNA is 2,728 units, a 137 percent increase from the prior planning period. The majority of jurisdictions in the Bay Area saw similar increases.

The Planning Commission reviewed the sixth cycle (2023-2031) Draft Housing Element and related General Plan and Zoning Ordinance amendments at their July 7 meeting (see Attachment 5 and 6). The Commission recommended approval of the amendments and submittal of the Draft Housing Element to HCD for the state mandated review. The draft was amended to reflect feedback from the Planning Commission and members of the public during the 30-day public comment period which ended on July 13, 2022. The amended Draft Housing Element was submitted to HCD by staff on July 28, 2022.

HCD’s initial 90- day review period will conclude on October 26, 2022. HCD has communicated to staff that the City will receive comments on the Draft Housing Element at the conclusion of the review period. Staff will provide a revised submittal to HCD based on the initial comment letter. Any subsequent review(s) by HCD will take 60 days. As a result, the proposed amendments included in this item are required to be adopted in advance of certification of the Housing Element in order for the City to accommodate its RHNA of 2,728 housing units, including 1,358 lower-income units by January 31, 2023. This will alleviate any penalties associated with not having adequate sites by the Housing Element adoption deadline of January 31, 2023.

Rezoning and General Plan Redesignation Housing Element Sites While most sites listed in the Draft Housing Element already have appropriate zoning and General Plan land use designations to allow for housing, nine sites require amendments in order for the City to meet its RHNA of 2,728 housing units prior to January 31, 2023—the start of the sixth cycling Housing Element planning period. Of these nine sites, seven sites are required to be rezoned in the Zoning Ordinance and redesignated in the General Plan, and two sites only require rezoning.

Zoning Ordinance and General Plan Amendments
In addition to rezoning and redesignating specific parcels to implement the Housing Element and ensure the City can meet its RHNA, certain amendments to the Zoning Ordinance and/or General Plan are also required. These amendments relate to implementation of state law, policies and programs included in the Draft Housing Element, consistency with the General Plan, and clarifying existing text where applicable.

The General Plan text amendments include amendments to the Land Use, Special Areas, City Council/RSA Agenda 408 Tuesday, November 8, 2022
Planning Commission Staff Report, October 20, 2022
AT-22-006 A22-003 AG-22-003 Draft Housing Element Amendments, Page 4 and Economic Development Elements of the General Plan. The Zoning Ordinance text amendments include creating a new Chapter (18.27) to implement the 2040 General Plan VMU designation, and amendments to Chapter 18.35 Corridor Mixed Use Commercial (CMU) District and Chapter 18.36 Commercial Districts. Zoning Map amendments are required for consistency with the General Plan and Zoning Ordinance amendments.

Per state law, these amendments and zoning changes are required to be adopted by the City Council by January 31, 2023 so that the City has adequate capacity to meet its RHNA.

II. DISCUSSION
A. General Plan Amendments

1. General Plan Text Amendments
Text amendments are proposed to three General Plan Elements to align with the Draft Housing Element. These include the Land Use, Special Areas, and Economic Development Elements. These General Plan text amendments are included in detail in Attachment 2 Exhibit A and summarized below:

I. Land Use Element:
 Amending the Land Use Diagram (Figure LU-1) based on the proposed General Plan redesignation and rezoning outlined in Section A.2, below. The diagram will be amended to show the change in parcel land use designations in Attachment 2 Exhibit B.
 Modifying the land use description for Mixed-use Employment to remove reference to the development of an Area Plan
(Program SA-7A). Applicable policies will be maintained, but an Area plan is no longer required due to the proposed rezoning (see Section A.1.II, below) and other development projects currently in process along the Union City Boulevard corridor.
 Removing Policy LU-5.9 which limits the density on the Diamond Mine site to 20 du/ac. The policy is inconsistent with the planned increased in density for the parcel; site LM-14 (see Section A.2, below).

II. Special Areas Element:

City Council/RSA Agenda 409 Tuesday, November 8, 2022
Planning Commission Staff Report, October 20, 2022
AT-22-006 A22-003 AG-22-003 Draft Housing Element Amendments, Page 5  Amending Figure SA-1 (map of the Special Areas) to modify the district boundaries for the Union City Boulevard District and Historic Alvarado District based on land use changes connected to sites LM-12 and LM-15.
 Amending Figure SA-7.1 (map of the Union City Boulevard District) to reflect proposed land use changes. This amendment is required as a result of the redesignated VMU parcels (see site LM-15 in Table 1 and Figure 1).
 Amending the map of the Historic Alvarado District (Figure SA11.1) to reflect proposed land use changes connected to sites LM -12 and LM-15.
 Amending Figure SA-11.2 (map of Historic Alvarado District sub-areas) to modify the district boundary to include sites LM-12 and LM-15.
 Amending Policy SA-7.3 and removing Program SA-7.A
applicable to the Union City Boulevard District to remove references to the Area Plan and to more generally cover improvements within the Union City Boulevard area.

During the 2040 General Plan update, the Union City Boulevard District was identified as a potential area for new higher-density residential development, due to proximity to the Historic Alvarado District, and to compliment the envisioned higher density office and flex-industrial buildings to be developed along the Union City Boulevard corridor. The requirement for an Area Plan was, in part, to ensure that the district would maintain a balanced mix of uses that were compatible, and to guide how the area redeveloped.

This policy is proposed for amendment based on a few
considerations. These include the expansion of the VMU zoning and General Plan designations to three underutilized industrial properties located adjacent to the Sugar Mill condominium development (discussed further below), which is currently the City Council/RSA Agenda 410 Tuesday, November 8, 2022
Planning Commission Staff Report, October 20, 2022
AT-22-006 A22-003 AG-22-003 Draft Housing Element Amendments, Page 6 edge of the area that encompasses the Historic Alvarado District.

These parcels are also included as a site (LM-15) in the City’s Draft Housing Element. This amendment will provide for the additional residential capacity in the Union City Boulevard corridor, envisioned in the 2040 General Plan. In addition, environmental work has begun for a proposed 400,000 square foot life science/research and development campus on one of the larger, vacant development sites located along Union City Boulevard, removing one of the main sites which could have successfully accommodated residential development under an area plan.

III. Economic Development:
 Modifying Policy ED-1.4 and Program ED-1.B, which require the City to conduct a comprehensive evaluation when sites with industrial and commercial land use designations are considered for residential uses, so that it does not apply to opportunity sites identified in the Housing Element. This amendment is required because the existing policy and program would have the
potential to reduce the feasibility of developing housing on these sites, which is considered a constraint by HCD. It should be noted that for the opportunity sites included in the Housing Element, staff completed a comprehensive analysis, which took into consideration several factors, to determine the appropriateness of allowing residential uses on existing industrial and commercial sites.

2. General Plan Redesignation and Rezoning
Table 1 outlines the proposed parcel by parcel General Plan land use redesignations and Zoning changes for each of the nine sites requiring amendments. These changes are also shown in Attachment 2 Exhibit B and Attachment 4 Exhibit A. Two sites — LM-11, and LM-13 — are being rezoned to align with the existing General Plan designation, and as a result do not require a redesignation. One site— LM-9 — requires a partial redesignation of two parcels. As outlined in Attachment 5, all sites in Table 1/Figure 1 are listed City Council/RSA Agenda 411 Tuesday, November 8, 2022
Planning Commission Staff Report, October 20, 2022
AT-22-006 A22-003 AG-22-003 Draft Housing Element Amendments, Page 7 in the Draft Housing Element and require amendments in order for the sites to be available as opportunity sites in the inventory.

Table 1: Sites Proposed for General Plan and/or Zoning Amendments Site
Address
APNs Site
Identifier
Existing
General Plan
Designation
Proposed
General Plan
Designation
Existing
Zoning
Proposed
Zoning
1780
Whipple
Rd.
475-141-13-2 LM-7 C CMU CN CMU
1800
Whipple
Rd.
475-141-2 LM-8 C CMU CN CMU
884-920
Whipple
Rd.
486-18-59, 486-
18-60, 486-18-
61, 486-18-62,
486-18-63, 486-
18-64, 486-18-
65-2, 486-18-69,
486-18-70, 486-
18-71
LM-9 R 17-30 du/ac
and C
(parcels 486-
18-64 and
486-18-65-2)
R 17-30 du/ac
(no change
except to
parcels 486-
18-64 and
486-18-65-2)
CN & R
5000
(parcel
486-18-70)
RM 1500
33090
Mission
Blvd.
87-36-148, 87-
36-149
LM-10 C CMU CN CMU
33549
Mission
Blvd.
486-6-30 LM-11 CMU CMU CC CMU
30793
Vallejo St.
483-10-12-1 LM-12 R 3-6 du/ac R 10-17 du/ac RS 6000 RM 2500 3955-3995
Smith St.
483-10-22-3,
483-10-21-1,
483-10-20, 483-
10-19-1
LM-13 VMU VMU CS VMU
4400 Horner
St.
482-27-16-1 LM-14 R 10-17 du/ac R 17-30 du/ac ML RM 1500 30500-30600
Union City
Blvd.
483-5-11-2, 483-
5-12, 483-5-9-2,
483-5-10, 483-5-
7-7, 483-5-8-1
LM-15 EMU VMU MS VMU
City Council/RSA Agenda 412 Tuesday, November 8, 2022
Planning Commission Staff Report, October 20, 2022
AT-22-006 A22-003 AG-22-003 Draft Housing Element Amendments, Page 8 Figure 1: Sites Proposed for General Plan and/or Zoning Amendments City Council/RSA Agenda 413 Tuesday, November 8, 2022
Planning Commission Staff Report, October 20, 2022
AT-22-006 A22-003 AG-22-003 Draft Housing Element Amendments, Page 9 B. Municipal Code Amendments
The proposed Municipal Code Amendments are shown in Attachment 3 Exhibit A and Exhibit B (redlined).

1. Chapter 18.27 Village Mixed-Use (VMU) District (New Chapter) This new code chapter creates a new zoning district to implement the General Plan’s VMU land use designation, which was a new designation added as part of the 2040 General Plan process. With the exception of rezoned parcels comprising site LM-15 in Table 1 above, existing parcels designated as VMU in the General Plan are currently zoned CS (Specialty Commercial District). This zoning district is being replaced with adoption of the new VMU zoning district.

Many of the standards that previously applied to the CS district are being carried over into the new VMU district including those related to density, parking, and setbacks. The design criteria section was not updated from what is currently listed in the CS zoning district and is based on guidance included in the “Design Guidelines for Old Alvarado” (approved in 1989). This is due to the fact that the City is working on an Objective Multi- Family Development Standards project (presented to the Planning Commission at its August 18, 2022 meeting), which will include new design and development standards for the new VMU zoning district.

2. Chapter 18.35 Corridor Mixed Use Commercial (CMU) District The CMU zoning district amendments are required to fix minor inconsistencies with the Housing Element and General Plan and internal inconsistencies within the chapter. These amendments include specifying mixed-use development density and composition, and modifications to the site area per dwelling unit, FAR, and lot dimensions standards.

3. Chapter 18.36 Commercial Districts
Chapter 18.36 is being amended due to the creation of the VMU zoning district which is replacing the CS zoning district. The proposed amendments remove all references to the CS district in the chapter and any specific requirements City Council/RSA Agenda 414 Tuesday, November 8, 2022
Planning Commission Staff Report, October 20, 2022
AT-22-006 A22-003 AG-22-003 Draft Housing Element Amendments, Page 10 applicable to the Historic Alvarado District. These sections have been incorporated into the new VMU zoning district, as appropriate.

C. Zoning Map Amendments
Changes are required to the citywide zoning map due to the changes listed in Table 1 and shown in Attachment 4 Exhibit A. Staff will prepare an updated zoning map, available on the City’s website, following City Council adoption of the proposed amendments and addendum.

D. EIR Addendum
An EIR was prepared as part of the Union City 2040 General Plan, and was certified in 2019. This EIR evaluated the potential environmental impacts that would result from the 2040 General Plan update. Under CEQA Guidelines Section 15164, preparation of an addendum is appropriate where a previously certified EIR has been prepared and some changes or revisions to the project are proposed, or the circumstances surrounding the project have changed, but none of the changes or revisions would result in significant new or substantially more severe environmental impacts than what were previously analyzed. For the proposed amendments associated with the Draft Housing Element which include rezoning and redesignating specific housing opportunity sites and related General Plan Amendments, Zoning Ordinance amendments, and Zoning Map amendments, the City determined that an Addendum to the General Plan EIR was appropriate.

The Addendum (Attachment 1 Exhibit A) was prepared in accordance with all applicable CEQA Guidelines. The Addendum evaluates whether the project would result in any changes in circumstances or substantial new information as compared to the environmental impacts identified in the certified EIR prepared for the General Plan. In regard to each potential environmental impact analyzed, the Addendum establishes that no substantial changes in circumstances have occurred, nor has any new information of substantial importance been identified requiring new analysis or verification, and no new or more severe impacts would occur beyond what was previously analyzed in the General Plan EIR. Attachment 1 is a Resolution recommending the City Council adopt an Addendum to the 2040 General Plan EIR.

Once the Draft Housing Element has been fully vetted by HCD and its ready for certification, a second Addendum will be prepared for the 2023-2031 Housing City Council/RSA Agenda 415 Tuesday, November 8, 2022
Planning Commission Staff Report, October 20, 2022
AT-22-006 A22-003 AG-22-003 Draft Housing Element Amendments, Page 11 Element, which will include any updates to address feedback from HCD as well as an update to the Safety Element2. Based on HCD’s review timelines, this is anticipated to occur in Spring, 2023.

E. Public Outreach
The City conducted extensive community outreach for the Draft Housing Element in February and March, 2022, using a variety of approaches. This included two virtual workshops in Spanish and English, a web-based survey in five languages, and a table at the Old Alvarado Park Farmer’s Market. A newspaper notice for the Draft Housing Element amendments and this Planning Commission meeting was published in the TriCity Voice as required by State Law.

III. REQUIRED FINDINGS
CEQA
The Planning Commission recommends that the City Council adopt the Addendum to the 2040 General Plan Final Environmental Impact Report in compliance with CEQA and the CEQA Guidelines based on the following findings:

1. The Planning Commission has reviewed and considered the Addendum to the 2040 General Plan Final Environmental Impact Report and finds that none of the conditions requiring preparation of a subsequent EIR or negative declaration have occurred, and that the changes that are part of the project would not result in any significant impacts not considered under the original EIR.

2. The Addendum to the 2040 General Plan Final Environmental Impact Report is the appropriate CEQA document for the project and has been prepared in compliance with CEQA and the CEQA Guidelines. The Addendum has been prepared as required by law and the document reflects the independent judgement and analysis of the City of Union City, which has exercised overall control and direction of its preparation
2 Recent state laws (SB 1035, AB 747, SB 99) now require cities to conduct a climate change vulnerability assessment and to integrate climate adaptation and resiliency strategies into their safety elements upon each revision of a jurisdiction’s Housing Element or Local Hazard Mitigation Plan with the goal of identifying new information relating to flood and fire hazards, climate adaptation and resiliency strategies.

City Council/RSA Agenda 416 Tuesday, November 8, 2022
Planning Commission Staff Report, October 20, 2022
AT-22-006 A22-003 AG-22-003 Draft Housing Element Amendments, Page 12 General Plan

1. Pursuant to Government Code Section 65358(a), that the proposed General Plan Amendment is in the public interest.

Zoning Text and Map Amendments
Section 18.64.060 requires that, when considering Zoning Ordinance Amendments, the Planning Commission shall provide a recommendation to the City Council on the following:

1. Recommendation whether or not the application should be granted or denied, including the reasons for the recommendation;

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

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

IV. ALTERNATIVES

1. Recommend approval of the proposed Draft Housing Element General Plan, Zoning Text, and Zoning Map amendments and adoption of the Addendum to the 2040 General Plan EIR to the City Council as proposed;

2. Recommend approval of the proposed Draft Housing Element General Plan, Zoning Text, and Zoning Map amendments and adoption of the Addendum to the 2040 General Plan EIR to the City Council with stated modifications;

3. Recommend denial of the proposed Draft Housing Element General Plan, Zoning Text, and Zoning Map amendments and Addendum to the 2040 General Plan and EIR to the City Council, stating reasons for denial;

4. Continue the matter for further consideration.

V. RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of the Draft Housing Element amendments to the City Council including: approval of General Plan Amendment (AG-22-003), Zoning Text Amendment (AT-22-006), Zoning Map City Council/RSA Agenda 417 Tuesday, November 8, 2022
Planning Commission Staff Report, October 20, 2022
AT-22-006 A22-003 AG-22-003 Draft Housing Element Amendments, Page 13 Amendment (A-22-003), and adoption of the Addendum to the 2040 General Plan EIR, based on the following specific findings:

1. That the Addendum to the 2040 General Plan EIR is the appropriate CEQA document for the project, and has been prepared in compliance with CEQA and the CEQA Guidelines; and

2. That the proposed General Plan amendment is in the public interest because the amendment will further the goals and policies of the General Plan to promote a mix of housing types and affordability throughout the city that meets the needs of existing and future residents, and include a mix of housing types within neighborhoods to promote a diversity of household types and housing choices for residents of all ages and income levels; and

3. That the proposed Zoning text amendment should be granted to ensure consistency with State law which requires consistency between the General Plan, Housing Element, and Zoning Ordinance and to provide housing opportunity for all income levels; and

4. That the proposed Zoning text amendment is necessary and desirable to achieve the purpose of Title 18 because the amendments will facilitate development opportunities for housing at multiple income levels, which aligns with the purpose to encourage the provision of a variety of housing types and prices to meet the needs of all economic segments of the City and fix reasonable standards to which buildings and building additions shall conform; and

5. That the proposed Zoning text amendment is consistent with the General Plan. because the proposed amendment replaces an existing zoning district, Specialty Commercial (CS) in Chapter 18.32 (Commercial Districts), with a new zoning district, Chapter 18.27, Village Mixed Use (VMU), to align with the General Plan and updates existing zoning districts to implement the vision, goals and policies of the Housing Element and General Plan, as amended, to facilitate the development of projects that mix housing, commercial, or employment uses to enable residents to live close to businesses and employment and continue to provide opportunities for a variety of housing types at varying densities and affordability levels; and
City Council/RSA Agenda 418 Tuesday, November 8, 2022
Planning Commission Staff Report, October 20, 2022
AT-22-006 A22-003 AG-22-003 Draft Housing Element Amendments, Page 14

6. That the proposed Zoning map amendment should be granted to ensure consistency with State law which requires consistency between a jurisdiction’s General Plan, Housing Element, and Zoning Ordinance; and

7. That the proposed Zoning map amendment is consistent with the General Plan.

The proposed map amendment replaces an existing zoning district, Specialty Commercial (CS), with a new zoning district, Village Mixed Use (VMU), to align with the General Plan land uses, and applies existing zoning districts to new parcels to implement the vision, goals and policies of the General Plan and Housing Element; and

8. That the proposed Zoning map amendment is necessary and desirable to achieve the purpose of Title 18 because the amendment will encourage the provision of a variety of housing types and prices to meet the needs of all economic segments of the City and fix reasonable standards to which buildings and building additions shall conform.

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

Prepared by
Coleman Frick, Senior Planner
Attachments

1. Attachment 1: Draft Planning Commission Resolution Recommending the City Council Adopt an Addendum to the 2040 General Plan EIR
o Exhibit A: Draft Addendum to the 2040 General Plan EIR

2. Attachment 2: Draft Planning Commission Resolution Recommending the City Council approve the Housing Element Related General Plan Amendments (AG22-003) o Exhibit A – General Plan Text Amendments and Updated Figures o Exhibit B – General Plan Land Use Parcel Redesignation

3. Attachment 3: Draft Planning Commission Resolution Recommending the City Council Adopt Related Zoning Text Amendments (AT-22-006) o Exhibit A – Zoning Text Amendments
o Exhibit B – Zoning Text Amendments (Redlined)
City Council/RSA Agenda 419 Tuesday, November 8, 2022
Planning Commission Staff Report, October 20, 2022
AT-22-006 A22-003 AG-22-003 Draft Housing Element Amendments, Page 15

4. Attachment 4: Draft Planning Commission Resolution Recommending the City Council Adopt Related Zoning Map Amendments (A-22-003)
o Exhibit A – Parcel Rezoning

5. Attachment 5: July 7, 2022 Planning Commission Staff Report—Draft Housing Element

6. Attachment 6: July 7, 2022 Planning Commission Meeting Minutes City Council/RSA Agenda 420 Tuesday, November 8, 2022
Desk Item
DATE: OCTOBER 20, 2022
TO: PLANNING COMMISSION
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: DRAFT HOUSING ELEMENT AMENDMENTS (ITEM 5.B.2)
Staff received questions/comments from Planning Commissioner Lew regarding the Draft Housing Element Amendments, currently under consideration as Agenda Item 5.B.2 of the October 20, 2022 Planning Commission meeting. The following are the questions/comments and staff’s responses (in red italics).

Commissioner Lew Comments

1. Attachment 1, 2, 3, and 4 (all Resolutions): Whereas, 3rd line – “Areas” should be “Area.” Please make corrections.

The error is noted and will be corrected prior to the Resolutions being finalized for signature.

2. Attachment 1, Exhibit A (Draft Addendum): Pages 1‐1 and 3‐16 – the source shown under Table 3‐1 should be corrected to show “Association of Bay Area Governments”; the addition of “Council of” is incorrect.

The error is noted and the correction is reflected in the attached revised Addendum.

3. Attachment 1, Exhibit A (Draft Addendum): Page 3‐24, 2nd bullet restates Policy M‐

4.11 regarding support for the East‐West Connector. Since the East‐West Connector will be replaced with the Quarry Lakes Parkway, should the reference to the East‐West Connector be replaced with the Quarry Lakes Parkway? I believe continuing to refer to the East‐West Connector will add to the confusion as to the type of roadway (freeway or street) being planned This error is noted and the correction is reflected in the attached revised Addendum.

City Council/RSA Agenda 421 Tuesday, November 8, 2022

4. Attachment 3, Exhibit B [and A] (Zoning Text Amendments): Page 5 – the first appearance of Section 18.27.070 regarding “Walls, fences, and hedges” should be renumbered to “18.27.060” and the second appearance of Section 18.27.070 regarding “Minimum site area” should be moved down two lines to form a separate paragraph.

The error is noted and will be corrected prior to City Council consideration.

5. Attachment 3, Exhibit B [and A] (Zoning Text Amendments): Page 33, top of page, paragraph K – how long will the City allow the installation of wood burning appliances and gas fireplaces? Electric appliances for heating and cooking appear to be better for the environment.

This is existing Zoning Ordinance language not proposed for alteration related to the Draft Housing Element Amendments. The City’s Climate Action Plan is scheduled to be updated starting in mid to late 2023, and goals and policies related to the City’s long‐ term emission reduction strategies will be evaluated as part of that project.

City Council/RSA Agenda 422 Tuesday, November 8, 2022
ATTACHMENT 7

CITY OF UNION CITY
DRAFT

MINUTES FOR THE REGULAR PLANNING COMMISSION MEETING
ON THURSDAY, OCTOBER 20, 2022, 7:00 P.M.

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

AND VIA TELECONFERENCE

1. ROLL CALL: Chairperson Harpal Mann; Commissioner JoAnn Lew; Commissioner Scott Sakakihara; Commissioner Ed Mack Agbuya

2. STAFF: Carmela Campbell (Economic & Community Development Director); Alex Mog (Deputy City Attorney); Derek Farmer (Planning Manager); Coleman Frick (Senior Planner); Denisse Anzoategui (Administrative Assistant III)

3. APPROVAL OF MINUTES:

The regular Planning Commission minutes of September 15, 2022 were approved as submitted.

4. ORAL COMMUNICATIONS: None.

5. WRITTEN COMMUNICATIONS: None.

6. PUBLIC HEARINGS:
a. CONTINUED HEARINGS: None.
b. NEW HEARINGS:

1. THE STATION EAST OWNER, LLC, PLANNING AREA 3 (PA 3) AT APN 087- 0021-005-02 (PORTION), SITE DEVELOPMENT REVIEW, SD-22-003; The applicant, The Station East Owner, LLC, is seeking Site Development Review (SD-22-003) to construct 50 townhouse style condominiums on 1.71 acres in six 4-story buildings located in the Station East Mixed Use Residential Development between the extensions of 8th Street and 9th Street, south of Decoto Road and east of the PG&E Substation (APN 087-0021-005-02 portion), including a portion of the former Air Liquide site within the SEMU-R Zoning District. This project is within the scope of the Environmental Impact Report entitled “Station East Residential/Mixed Use Project” (SCH# 2020039032), dated April 2021, prepared pursuant to the California Environmental Quality Act (CEQA) and certified by the City Council on June 8, 2021 (Note: Item to be re-noticed and considered at a future date.)
City Council/RSA Agenda 423 Tuesday, November 8, 2022
Carmela Campbell, Economic & Community Development Director notified the Planning Commission that the item would not be heard that evening and heard at a later date. Ms.

Campbell provided feedback that staff would need some additional time to work through some issues.

Chairperson Mann restated for the record that the item would be postponed to a future meeting.

2. CITY OF UNION CITY, GENERAL PLAN AMENDMENT (AG-22-003) MUNICIPAL CODE AMENDMENT (AT-22-006), ZONING MAP AMENDMENT (A-22-003), AND AN ADDENDUM TO THE 2040 GENERAL PLAN EIR: The City is proposing to amend the 2040 General Plan; the Zoning Map; and Title 18 of the Union City Municipal Code, for consistency with the Draft 2023-2031 Union City Housing Element and 2040 General Plan. In accordance with California Environmental Quality Act (CEQA) Guidelines Section 15164, an Addendum to the 2040 General Plan Environmental Impact Report has been prepared for the proposed Draft Housing Element amendments.

Coleman Frick, Senior Planner presented the staff report and the Desk Item that was prepared in response to questions and comments submitted by Commissioner Lew prior to the meeting.

Commissioner Lew noted that the term mixed use is being used a lot in the amendment.

Commissioner Lew asked if staff could explain what it is about mixed use zoning that it seems like the City has fallen in love with.

Ms. Campbell confirmed that the City had been seeing more creation of mixed use zoning districts which reflects that the City's zoning districts are doing more than just one thing. Ms.

Campbell added that in the past you would have a commercial zoning district that was limited to commercial but what the trend is now is mixed use zones allowing commercial, residential and office. Ms. Campbell explained that the idea behind mixed use is to allow various uses in different configurations including vertical mixed use which is when you have commercial on the bottom with either units or office above and horizontal mixed use where you have freestanding uses, but either way is considered mixed use.

Derek Farmer, Planning Manager explained that the notion of mixed use is more area wide and not unique to Union City. Mr. Farmer added that a lot of it has to with the scarcity of land and that’s something going on all over the Bay Area and California, and probably the United States.

Mr. Farmer added that in the past you had single story commercial uses, and now with the scarcity of land, the cost of land, and more uses vying for smaller parcels, mixed use is more of a vertical use. Mr. Farmer added that you may see commercial or office on the ground floor with residential above or you have areas where you have residential with different areas of subcomponents for office as well.

Commissioner Lew asked where they are seeing this as being successful. Commissioner Lew asked if it is successful in Fremont and San Jose. Commissioner Lew added it is difficult to compare Union City to San Francisco, San Jose, and Oakland, which are larger cities.

Commissioner Lew asked in what similar sized City do they see this being successful.

Mr. Farmer replied that areas in Fremont and Union City around major transit stops and transit corridors are taking advantage of the increase in transit ridership, and things like that. Mr.

Farmer added Warm Springs and the planned Irvington station have zoning for mixed use to account for the fact that they’re trying to get people moving toward transit, and it also allows for a mix of people living and working there too.

City Council/RSA Agenda 424 Tuesday, November 8, 2022
Ms. Campbell added that the Village Mixed Use replaces the Specialty Commercial designation which already allows for mixed use development and they’re really trying to reflect what is already allowed. Ms. Campbell added that successful examples of mixed use are the Sugar Mill development, as well as the Pinn Brother’s Alvarado Square project along Union City Boulevard, which is where the VMU would be applied. Ms. Campbell added that there is another approval for a Horner Street mixed use project that’s currently going through remediation. Ms.

Campbell suggested that there have been other successful examples in other districts. Ms.

Campbell referenced the Corridor Mixed Use zoning and added that the City allows, in lieu of commercial on the ground floor, activated ground floor uses. Ms. Campbell explained that it might be leasing offices, or an amenity as part of the residential development. Ms. Campbell stated that the idea is that it engages with the street interface as they don’t want them to be walled off from the public realm.

Commissioner Lew stated that Pinn Brothers took a long time to lease the commercial space, while they filled up the residential very quickly, it wasn’t the same for the commercial space.

Commissioner Lew remarked that they are not businesses that pay their employees well.

Ms. Campbell replied that she couldn’t comment on that. Ms. Campbell noted that there were some behind the scenes issues, such as a restriction on any restaurant uses. Ms. Campbell explained that in Union City, there is a lot of success with restaurant uses. Ms. Campbell added that the restriction really hurt the leasing up of spaces. Ms. Campbell further added that there were also some changes in ownership that caused issues with the leasing efforts.

Commissioner Lew asked if Sugar Mill is the development across from Alvarado Square.

Ms. Campbell replied yes.

Commissioner Lew asked if they have leased any of their commercial spaces.

Ms. Campbell replied yes, and that they leased it to a sandwich shop who will take the entire space as they are also using it for their back of house and their offices.

Commissioner Lew replied that it would be more minimum wage jobs.

Ms. Campbell replied that the types of jobs aren’t really in the purview of the Commission but that she was happy to see the space filling up.

Commissioner Lew replied that she hoped the sandwiches were good. Ms. Campbell added that when she sees mixed use it is just more low paying jobs. Commissioner Lew stated that it was fine for housing, especially the affordable aspect of it, but keeps thinking about the people that aren't being paid enough to pay the rent if they lived in the same building. Commissioner Lew stated that she wished there was a better way to get more employers to pay their employees a living wage, not just minimum wage jobs.

Commissioner Sakakihara noted that on page three of the staff report and also in the presentation there was a suggestion that adopting these amendments before January 31st would alleviate any penalties associated with not having adequate sites by the Housing Element adoption deadline. Commissioner Sakakihara asked if Council makes these changes before the 31st, would they expect any penalties.

Mr. Frick replied that they don't expect any penalties. Mr. Frick explained that it’s about having that RHNA capacity in place. Mr. Frick further explained that it is a raw number of units which also have a buffer provided for feasibility issues related to the development of a site and added City Council/RSA Agenda 425 Tuesday, November 8, 2022
that maybe the density would be lower than what is listed. Mr. Frick added that staff would love to bring these amendments as part of the certification to the Planning Commission at the same time but because of the sequencing of the HCD review process, staff is bringing these amendments in advance, that relate specifically to the RHNA and having the sites and capacity in place. Mr. Frick also added that the goal for the Housing Element certification was spring 2023 based on HCD review timelines. Mr. Frick stated that after staff receives the comments later this month, they will be able to turn them around and not have any additional comments.

Mr. Frick explained that staff is working towards having the Planning Commission see the final Housing Element before it goes to the Council for certification.

Commissioner Sakakihara replied that it all makes sense and recalled the discussion, but he was making sure that the wording didn’t mean that they were just going to be reducing the penalties but avoiding them all together. Commissioner Sakakihara noted discussion in the slides and in the staff report of the decision to not do the area plan for Union City Boulevard because some of the sites will be used in the Housing Element. Commissioner Sakakihara also noted that in the staff report there is a 400,000 square foot life science research and development campus on one of the larger vacant development sites and asked if Mr. Frick could provide a little more detail on that.

Mr. Frick replied that the site is located just to north of the site that is proposed to be changed from Employment Mixed Use to VMU and deferred to Ms. Campell to provide a little more detail on the specific development.

Ms. Campbell noted that when they came up with the area plan policy for Union City Boulevard, the area was identified for employment uses, and the site was seen as an opportunity for potential additional residential if jobs could be accommodated because that is the priority. Ms.

Campbell added that there is an environmental document being prepared for that property and it will be brought to the Commission later. Ms. Campbell explained that the project consists of 400,000 square feet over four buildings, developed by Woodstock Development, who are the folks that developed Crossroads, now referred to as Union City Labs.

Commissioner Sakakihara asked what the difference is between an area plan and specific plan.

Ms. Campbell replied that they are similar, while there are certain provisions that specific plans are required to adhere into state law, she didn’t think those applied to area plans.

Mr. Mog added that there is not a huge difference between them. Mr. Mog added that when you think of a specific plan, it's a little more robust and larger, versus when you think of the Station District Plan, it a big chunk of the city. Mr. Mog added that it’s not a general plan, but they have many of the same elements in it.

Commissioner Sakakihara recalled that when they went through the general plan process the area was identified as something they were going to prepare an area plan for. Commissioner Sakakihara added that when you take out the chunks that are being recommended to rezone and a large R&D campus, then you will not have a ton of additional space left that merits having an area plan in the future.

Mr. Frick replied yes and added that removing a large area that would encompass the area plan, and the potential vision when that was incorporated into the General Plan wouldn't quite work out in terms of having a network of streets within the area. Mr. Frick added that some of the goals of the employment district having a residential component is achieved through rezoning of this parcel that's part of it to mixed use as well as having this large employment use City Council/RSA Agenda 426 Tuesday, November 8, 2022
with good paying jobs that is located to the north of that parcel. Mr. Frick added that what they did as part of the amendments was to make sure important provisions about improving that corridor were maintained, but the requirement of preparing an area plan which didn't really seem feasible based on the changing conditions was the intent behind those amendments.

Ms. Campbell added that the City will still be getting the housing in the corridor and would just be doing it in a different way than it has been done and would be consistent with the vision for this area, which really is an employment center.

Commissioner Sakakihara replied that it seems like part of the rationale is because some of the lands are already going to be developed. Commissioner Sakakihara noted the footnote in the staff report, page 11, on the requirements to conduct the Climate Change Vulnerability Assessment upon each revision of a jurisdiction’s housing element. Commissioner Sakakihara confirmed that is why the City is aiming for Spring 2023 and confirmed it is so they don’t have to worry about that vulnerability assessment until after the Housing Element has been certified.

Mr. Frick replied that the intent of the contract approved by the Council for this work was for the Safety Element Update to be in tandem with the Housing Element Update. Mr. Frick noted that they are still going through that process of working on the Safety Element Update, and the intent is to bring those items together. Mr. Frick added that they’re going to do another CEQA addendum as part of that environmental analysis, which will cover the Safety Element update as well as the Housing Element adoption, which is why this addendum was called the Draft Housing Element Amendment to make that distinction. Mr. Frick explained that this process has become a little bit bifurcated based on the review process for HCD and their review timelines.

Mr. Frick noted that it could be a bit confusing as to why they are bringing these first. Mr. Frick also noted that all of the items would be brought before the Commission eventually and were bringing the amendments in advance based on their deadline.

Commissioner Sakakihara noted that the plan is to do the Housing Element Update and the Safety Element Update at the same time and asked if that is what was required by the state or is it out of convenience. Commissioner Sakakihara noted that they must do the Safety Element update but asked if it could be sequential or if they would be required to do it at the same time.

Mr. Frick referred the questions to consultant Chelsea Payne.

Chelsea Payne, Director of Urban Design & Planning at Ascent, replied that the update to the Housing Element triggers a need to review and update the Safety Element. Ms. Payne replied she doesn’t think it’s clear that it must be done concurrently, but the best practice is to update the Safety Element at the same time as the Housing Element. Ms. Payne explained that the goal is to adopt the Housing Element before the January 31, 2023 deadline, along with the Safety Element, but they are being realistic understanding that the State’s review process is taking a very long time and they may not hit that January deadline and added the intent is to get as close as possible. Ms. Payne also added that it is why they’re saying spring or first quarter of 2023, but the Safety Element will be coming forward at the same time as the Housing Element.

Commissioner Sakakihara noted that when they reviewed the Housing Element that it did not go to the City Council because there were too many Council members who lived too close to the areas. Commissioner Sakakihara asked how that would work when it comes time to do both their review of what they recommend to them that night, but also the Housing Element Certification.

City Council/RSA Agenda 427 Tuesday, November 8, 2022
Mr. Mog replied that under the Political Reform Act, when the Council is to take a final action, there is a way to segment the decisions and once the Council, without the member with the conflict, would act on the specific items those members with conflicts could participate in the rest of the decision and final adoption. Mr. Mog noted that the issue with the draft was that there was no action, and just consideration. Mr. Mog added that it will be a little bit of a game of musical chairs with the Council, or could not be an issue by that point, as there may be some different people on the Council that would change the circumstances.

Mr. Frick mentioned that for the items discussed that evening, the amendments, don't include or impact a site that would have been a conflict that was included in the Draft Housing Element because there was no rezoning or redesignation of the land use required for that site. Mr. Frick added that for this item under consideration that evening, staff did not foresee any conflicts that would prevent the Council from acting on the item.

Commissioner Agbuya thanked Mr. Frick for his presentation and staff for identifying the parcels of land that will help meet the requirements for the City to avoid any penalties. Commissioner Agbuya added that land is scarce and with rezoning as mixed use gives the City the flexibility moving forward and at the same time complies with the state’s requirements.

Chairperson Mann thanked Mr. Frick for his presentation, explanation, and going through the process. Chairperson Mann stated that the City needs to do a better job in educating its constituents. Chairperson Mann noted that it should be clear that these are mandates from the state, and every year they keep changing. Chairperson Mann noted that every time the City must go back and find more spaces. Chairperson Mann recalled that 36 sites were mentioned, and that there are nine sites that need to be changed. Chairperson Mann also noted that after the 36 sites there isn't any further land in Union City. Chairperson Mann asked what the longterm strategy of the Planning Department and the City is to find additional sites for low income housing. Chairperson Mann asked if the City has changed its strategic direction as it has been meeting the requirements. Chairperson Mann noted that a number of years ago, the focus was on commercial sites, and having areas for employment generation and office buildings.

Chairperson Mann added that if some of these sites go into mixed use, then they would be taking away the ability for commercial, and overall 70% of the City is housing as compared to commercial within Union City. Chairperson Mann asked how similar sites, in similar sized cities like Mountain View and others, deal with the state in that they also must provide housing when they're mostly commercial.

Mr. Frick replied that there were a lot of great thoughts and questions in Chairperson Mann’s comments. Mr. Frick replied that it is a challenge. Mr. Frick noted that there are a lot of state mandates, and for the Housing Element, there are a lot of state Laws that are passed that basically connect some sort of trigger to the Housing Element because it is the element of the General Plan, which is required by all jurisdictions to have, and that's the one that's required to be updated regularly. Mr. Frick acknowledged that because of the state’s housing crisis there are more units in each cycle. Mr. Frick also replied that in terms of finding additional sites within Union City, it is something that they would have to investigate as part of the next update. Mr.

Frick added that generally an important consideration is that the City must demonstrate to HCD that there is feasibility within that time period for those sites to potentially be developed at those densities that are listed. Mr. Frick added that there are certain sites that weren’t included in the Housing Element because it didn't seem feasible that they would develop within that eight-year time span.

City Council/RSA Agenda 428 Tuesday, November 8, 2022
Mr. Frick explained that is why staff looked at specific criteria for sites proposed for mixed use districts to make sure that the City is not losing some of those commercial uses and the loss of commercial sites that have tax revenue. Mr. Frick noted that in the Village Mixed Use district, there is a requirement that along the major corridors there is commercial fronting the street. Mr.

Frick added that residential uses wouldn’t be permitted unless located above the commercial in those areas, to make sure that it's a mixed use walkable community. Mr. Frick also noted that there is a commercial aspect that's unique to that district, and similar to the Station District, which the Planning Commission recently saw, there is emphasis in the Marketplace Mixed Use district to maintain commercial uses. Mr. Frick explained that the Safeway Shopping Center is also an important commercial center, that is required to maintain a good amount of commercial uses as it's redeveloped to mixed use. Mr. Frick added that staff has been looking at all the creative ways that they can make sure that they meet the needs of housing. Mr. Frick noted that there is a big issue with housing statewide, but also, the City is making sure that they have a mix of uses. Mr. Frick noted that he couldn’t speak to other communities and individual circumstances in the Bay Area, but that a lot of communities are looking at mixed use districts to allow flexibility to have these sites redevelop with a range of different uses that meet the needs of its communities.

Ms. Campbell added that the City’s RHNA, like other cities in the Bay Area and beyond, went up 137%. Ms. Campbell noted that the City knew going into this cycle that they were going to have to make some decisions and there were going to be some tradeoffs. Ms. Campbell noted that the previous rhetoric has always been to preserve the non-residential areas for non-residential uses, and of course they had to look at that. Ms. Campbell added that Union City is not alone and that a lot of cities are looking at their industrial and commercial areas to be able to meet the RHNA numbers. Ms. Campbell also noted that something else to think about is that the state recently passed legislation that does allow residential on commercial sites as a matter of right under certain circumstances. Ms. Campbell explained that looking at alternative sites for residential uses is something that is happening at the state level.

Chairperson Mann asked if the City has thought about height limitations as they have been in place for a long time. Chairperson Mann recalled that it is 35 feet but given the fact that at some point the City will run out of sites to increase density and the City will have to go higher and increase the height limitation.

Ms. Campbell replied that they didn’t have the slide in the presentation but may have had it at the July meeting and added that 78% of the City’s RHNA capacity is being met in the Station District, and they are looking at a lot more dense, taller buildings. Ms. Campbell added that some of the sites are in the Community Commercial area which already have a height limit of a hundred feet. Ms. Campbell added that through the Objective Design Standards process that the City is working through that they have a consultant who is aligning densities with heights to confirm the zoning standards are making sense.

Chairperson Mann asked about the status of the Caltrans property in the Quarry Lakes area, and if the City had yet acquired the property.

Ms. Campbell replied that the City has acquired the property from Caltrans but have not yet paid for it, and that it has six years to pay them for the cost. Ms. Campbell noted that the City has entered into an exclusive negotiating agreement with City Ventures, which basically says that they are interested in the property and the City is interested in bringing them on as a developer and can’t talk to anybody else. Ms. Campbell explained that it is a period where they’re working City Council/RSA Agenda 429 Tuesday, November 8, 2022
through what the development is going to look like. Ms. Campbell added that it includes a back and forth and that they’re working with them, as the City works through conveying the property.

Ms. Campbell added that the City would examine what are those provisions, and they’ve identified the area for lower density multifamily, town homes, duplexes, and further added that it is not quite as dense as the Core and Station East nor Marketplace Mixed Use, which is higher density because of the setting of that area adjacent to some residential.

Chairperson Mann noted that some of his colleagues are running for office, and Quarry Lakes has always been an area, like the Hillside, that has been a politically challenging area.

Chairperson Mann noted that it is the same people who are advocating for low-income housing, at the same time they don’t want any development. Chairperson Mann noted that the fact of the matter is that the state continues to mandate more units and thinks that everything should be on the table, and they should all look at it as a collective decision. Chairperson Mann added that for people listening out there it's not what the City wants to do but it’s basically forced and mandate by the state. Chairperson Mann also added that the City does not get funds from the state unless they meet the deadlines and quotas.

Ms. Campbell explained that the Gateway site has been in the last four Housing Elements and has always been identified as a housing site.

Chairperson Mann thanked Mr. Frick, as he understood the difficulties to meet the numbers.

Chairperson Mann noted that given the housing shortage throughout the state, the numbers will continue to be revised despite having provided the numbers during the cycle. Chairperson Mann explained that the City needs to start looking into proactively looking at a strategy on how to start planning for more lower income housing sites.

Commissioner Lew asked if the rezoning amendment is advantageous to the property owners in terms of their resale value or appraisal of their property.

Mr. Frick replied that if the commercial site is rezoned to mixed use, then the property owner would have more available options in some ways to redevelop the site or do something else with it.

Commissioner Lew replied that she was thinking of the storage space on Horner that has gone through maybe four different housing elements, and they have always been zoned for housing.

Commissioner Lew noted that it is being zoned for mixed use. Commissioner Lew suggested that they can keep the storage units and build houses on top.

Mr. Frick replied that the site is currently multi-family housing which is 10 to 17 dwelling units per acre, and it’s proposed to just have an increase in density to 17 to 30 dwelling units per acre so that site isn’t proposed to allow commercial as a component, just multi-family housing.

Commissioner Lew asked whether they could keep the storage business or must replace all the buildings there.

Mr. Frick replied that it’s currently in the General Plan as residential, and the storage business there is considered legal non-conforming. Mr. Frick noted that it was permitted initially but there are certain limitations on modifying the use in particular ways if it’s legal nonconforming but there is no requirement, for example, for them to stop operating. Mr. Frick explained that if that use is to be replaced, it’s required to be a use that’s a permitted or conditional use in the zoning district, which is now going to be multi-family residential.

City Council/RSA Agenda 430 Tuesday, November 8, 2022
Commissioner Lew replied that she would think it would be advantageous because a lot of people are still looking for land to build homes and that is a residential area.

Mr. Frick replied that it is a large site as well, and it is why it has been seen as an opportunity in the past by the City. Mr. Frick noted that it is a very large site that's located adjacent to existing developed residential communities.

Ms. Campbell noted that the site was redesignated during the 2019 General Plan update. Ms.

Campbell clarified that it hasn't been in a Housing Element previously. Ms. Campbell explained that the residential designation was a result of charettes done with the community and other public feedback received through the process when discussing alternatives. Ms. Campbell also noted that residential is the highest and best use and that the allowance for residential definitely increases the value of a property.

Commissioner Mann asked for clarification from the attorney on whether the Commission should be commenting on property values.

Mr. Mog replied that it was not part of the decision tonight, but just a general question.

Commissioner Mann opened the public hearing.

Thu Thai, 4364 Fellows Street, Union City, stated that she was there that evening listening to the discussion and asked whether staff and the Commission have taken into account the increase in traffic. Ms. Thai stated that there is already a lot of congestion on Alvarado Niles, Union City Boulevard, Whipple, and Dyer. Ms. Thai noted that she understands the State’s mandates on a certain number of units, but asked how the City would be by adding high residential density
Mr. Frick explained that as stated, the City is mandated by the Sstate to provide a certain amount of housing units in terms of allowing that capacity, and the City has really focused on putting most units in the Station District area. Mr. Frick also added that in addition to that, another reason why mixed use is proposed is because by having more different types of uses located in proximity, there is the ability to not take as many vehicle trips, and that is an emphasis by the state as well to make sure that cities are looking at ways to reduce vehicle trips which again reduces traffic.

Mr. Farmer added that part of the Addendum that was prepared for the project that they have also looked at the environment impacts or potential impacts of tonight’s actions in terms of whether they created any additional impacts or increased the severity of previously identified impacts from the General Plan EIR.

Chairperson Mann asked if there was anything specific that staff or the consultant could share with the public regarding the nine sites and traffic.

Mr. Farmer replied that the City had already done an override for traffic in the 2040 General Plan EIR, and that was one of the areas that was determined to be significant and unavoidable.

Mr. Farmer added that consultant Ascent analyzed the traffic related impacts and determined that the severity of that impact did not increase to a measure that would require preparation of another environmental document.

Ms. Campbell noted that Mr. Farmer was referring to the California Environmental Quality Act, and CEQA no longer looks at level of service (LOS) as a potential environmental impact. Ms.

Campbell added the General Plan still requires a LOS study, but they can no longer look at City Council/RSA Agenda 431 Tuesday, November 8, 2022
traffic as an environmental impact and added that now it’s a different metric referred to as vehicle miles traveled (VMT). Ms. Campbell noted that they get credit for incorporating bicycle, pedestrian, and ride sharing into the project.

Commissioner Sakakihara moved that the Planning Commission adopt the following resolutions; Resolution Recommending the City Council Adopt an Addendum to the 2040 General Plan EIR, Resolution Recommending the City Council approve the Housing Element Related General Plan Amendments (AG-22-003), Resolution Recommending the City Council Adopt Related Zoning Text Amendments (AT-22-006) and Resolution Recommending the City Council Adopt Related Zoning Map Amendments (A-22-003) with the edits to the Addendum and the amendments that are listed in the Desk Item.

Commissioner Agbuya seconded.

The motion was carried by the following roll call vote:

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

3. CITY OF UNION CITY, ZONING TEXT AMENDMENT (AT-22-007) TO ALLOW

CANNABIS DISPENSARY USES IN PROFESSIONAL AND ADMINISTRATIVE

COMMERCIAL (CPA), VISITOR AND RECREATION COMMERCIAL (CVR),

COMMUNITY COMMERCIAL (CC), AND NEIGHBORHOOD COMMERCIAL
(CN) ZONING DISTRICTS ; The City of Union City is proposing to modify Municipal Code Chapter 18.36, “Commercial Districts,” and Chapter 18.117, “Commercial Cannabis Businesses”, to allow cannabis dispensary uses in the CPA, CVR, CC and CN Zoning Districts. Any cannabis dispensary use would be subject to the City's existing regulatory and licensure requirements. Staff is recommending the project be considered exempt from environmental review per Business and Professions Code section 26055(h), the exemption for the adoption of an ordinance that requires discretionary review of permits, and California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), the general exemption for projects with no potential for significant effect on the environment.

Alex Mog, Deputy City Attorney presented the staff report.

Commissioner Agbuya stated that he wished he would’ve gotten a map showing the Cannabis Permit Zoning and Sensitive Uses in his packet to better study. Commissioner Agbuya noted that he understood that cannabis is legal in California and was an advocate for the dispensary at Union Landing and noted that there is also Lemonade. Commissioner Agbuya recalled the discussion of the removal of a hundred feet within a residential area and stated that he would rather see that map and be able to study what that proposal is. Commissioner Agbuya clarified if they would be approving just a dispensary or testing and cultivating as well.

Mr. Mog replied that it would only be retail.

City Council/RSA Agenda 432 Tuesday, November 8, 2022
Commissioner Agbuya stated that he had no further questions but restated that he would have wished to see a map.

Commissioner Lew noted that there are a lot of commercial areas in Union City. Commissioner Lew asked that if in the future, based on these amendments, and if the City Council passes the amendments, would he think it would open the door to more permits than the existing three.

Mr. Mog replied that under the ordinance that exists, the Council can determine by resolution the number of permits, and if possible, increase that in the future. Mr. Mog added that he did not think the CIty Council had expressed any interest in that and added that it has been three since it was first established and there has not been any desire ever to increase that. Mr. Mog added that even when they knew that all three were issued at one point and one business was unable to open so that permit came back to the City. Mr. Mog noted that the City Council didn’t want to take action to increase it to four or five even when all three had been issued. Mr. Mog also noted that they can’t make a prediction what the City Council will choose but right now it is established to three.

Commissioner Lew asked why the third business didn’t open.

Mr. Mog replied that it was a variety of reasons, and part of the reason is that they were in an industrial area, which was hard to make some of the necessary tenant improvements that would be required for retail based on how the building was located. Mr. Mog also noted that there were some easement issues and various things that were unique to the site.

Commissioner Lew asked if it was the site on Ahern.

Ms. Campbell replied that Ahern was the former location of Lemonade/ JIVA, and then there were some issues with that site. Ms. Campbell added that Garden of Eden received a permit for the site across from Lemonade in an industrial building across from Tara Court.

Commissioner Lew replied that it was not a great area. Commissioner Lew noted that she happened to walk by Flor, and it is a beautiful place. Commissioner Lew noted that they even keep their sidewalks clean, and she was quite impressed with the cleanliness of the facility and the outside area. Commissioner Lew noted a minor error in the resolution and stated that the first whereas didn’t have an “and” on page two.

Mr. Mog noted the correction.

Commissioner Lew also noted that on page three where it is intended to include dispensary/ retail under permitted uses and asked if that would be listed alphabetically in those permitted uses table.

Mr. Mog replied yes.

Commissioner Lew commented that it is a fact the market isn’t there for legal cannabis businesses. Commissioner Lew also added that there is too much competition from the black market, and she knows that from acquaintances that it is not doing well. Commissioner Lew added that even in Northern California where they had plenty of land to grow, and certain people work for the business that make a lot of money. Commissioner Lew stated that it was disappointing to not see the results the City was hoping for in terms of creating a tax base based on cannabis. Commissioner Lew added that they can go ahead with this but there is no guarantee that there will be a lot of money rolling into the City coffers. Commissioner Lew noted that there may be more businesses that are interested because it will be allowed in commercial City Council/RSA Agenda 433 Tuesday, November 8, 2022
areas. Commissioner Lew also added that she did not have opposition to it if they keep facilities nice and keep it legal and away from kids. Commissioner Lew noted the responsibilities that adults must not raise their kids on cannabis and that it is more for medicinal uses.

Ms. Campbell added that another benefit of having these commercial zoning districts is that they often have their own security, which has improved the area in and around Flor. Ms. Campbell further added that both Jiva and Flor have been operating and they are finally able to see where the revenue is. Ms. Campbell added that she didn’t have a report out on that, but they are looking at the numbers now and added that any revenue is good revenue.

Chairperson Mann referred to the map in the presentation and asked staff to identify the areas where retail dispensaries would be added.

Ms. Campbell identified areas of current use and those that will be added. Ms. Campbell added that areas identified in yellow are sensitive uses which include community centers, parks, schools, and youth-oriented uses. Ms. Campbell added that where they are adjacent to commercial areas or industrial areas, they’ve noted them and there is a setback from those uses. Ms. Campbell added that for some of the commercial areas which have a kids dance studio, martial arts, or tutoring that they’re precluded from having a cannabis use for the most part. Ms. Campbell added that there are provisions where the Council can waive that requirement for example if they have an area or business that is operating out of two different sides of a site and don't have any interaction in that situation. Ms. Campbell added that the Commission was seeing a lot of districts where it’s allowed but also seeing the sensitive uses that are precluded. Ms. Campbell apologized for not providing the map in the staff report but could provide it to the Commission. Ms. Campbell also noted the designation of CC, CPA and CVR on the map. Ms. Campbell also noted areas towards the freeway and along Alvarado-Niles in light blue that were also identified as allowable.

Chairperson Mann requested more information along Mission Boulevard and Decoto Road.

Ms. Campbell identified the areas identified in red where cannabis uses could be established.

Chairperson Mann asked what the amount of tax revenue that the City has collected over the last year from the cannabis businesses.

Ms. Campbell replied that it was a good question, and that they have come slightly under the City’s estimates but still doing well.

Chairperson Mann asked what those estimates are compared to other businesses within the City.

Ms. Campbell asked Mr. Mog if he had those numbers.

Mr. Mog replied that he didn’t but noted that there is a tax that cannabis businesses pay that other businesses don’t pay. Mr. Mog added that even if they’re doing the same revenue, the cannabis business is paying a tax on top of the businesses license tax or sales tax compared to a regular retailer. Mr. Mog added that he did not know the numbers off the top of his head but the revenue for a cannabis business would be significantly higher.

Chairperson Mann asked if the City of Fremont has allowed any cannabis.

Ms. Campbell replied no and added that neither does the City of Newark but the cities of Hayward and San Leandro do. Ms. Campbell suggested that the City is likely pulling from those City Council/RSA Agenda 434 Tuesday, November 8, 2022
jurisdictions and added that it was her understanding is that it is under consideration or discussion in Fremont.

Chairperson Mann asked about Dublin, Pleasanton, or San Ramon.

Ms. Campbell replied not to her knowledge.

Chairperson Mann asked if there was data to suggest that there was a market or demand from the population in Union City. Chairperson Mann asked if there were numbers that showed that 50% of Union City residents were cannabis users and now wanted to allow those clinics close to residential areas.

Mr. Mog replied that they did not have that.

Chairperson Mann asked what happens to the mixed use areas.

Ms. Campbell replied that they do not include any mixeduse zones because of the potential for residential.

Chairperson Mann noted the demographics in the City and that a lot of people are not involved in the process. Chairperson Mann added that issues will come up as it will be close to residential neighborhoods. Chairperson Mann noted that anybody that wants cannabis can go where it is zoned, but it is creeping now into neighborhoods. Chairperson Mann added that next it will be in school canteens.

Mr. Mog reminder the Commission that comments should be held until after the public hearing.

Chairperson Mann stated that it is a minority majority city.

Mr. Mog replied that it’s fine, but that Chairperson Mann should wait until after the public hearing to make comments as it was just questions at the moment.

Chairperson Mann opened and closed the public hearing.

Commissioner Agbuya stated that Flor is a very professional storefront and is regulated very well. Commissioner Agbuya noted that he has never been in Lemonade but understood that bringing in more income to the City is always good. Commissioner Agbuya noted that Union City is likely pulling business from other cities. Commissioner Agbuya suggested that if there is a third license issued then that business should be established on the other side of Union City as it can pull residents from outside of Union City. Commissioner Agbuya stated that he would like to see a guideline that states that the cannabis storefront should be separate or a distance from Flor or Lemonade; and if not they will bump heads and it is overall better for revenue.

Commissioner Agbuya added that if they can maintain a professional look and atmosphere, it wouldn’t be too bad as long as they are away from neighborhoods and sensitive areas.

Commissioner Sakakihara asked if whether the Union City Police Department has been consulted.

Ms. Campbell replied that they are involved and not only in this process but in the cannabis permit selection process. Ms. Campbell followed up on Commissioner Agbuya’s comment that as part of the application process there is a preference for locating on the east side of the City so that there is geographical distribution.

City Council/RSA Agenda 435 Tuesday, November 8, 2022
Ms. Campbell added that she appreciates the comments from the Commission on the sensitivity to the residential uses as it is an important consideration for staff as well. Ms. Campbell assured the Planning Commission that the cannabis permit process is a very extensive process. Ms.

Campbell added that UCPD, staff from the City Manager’s office, and staff from her department are looking at the applications. Ms. Campbell added that offsite impacts are taken into consideration for any use but specifically the impacts on adjacent residential areas are something that they look at.

Commissioner Sakakihara noted that it sounds like the UCPD is heavily involved. Commissioner Sakakihara stated that his instinct would be that it’s safer to have in commercial districts because industrial districts are less populated and sometimes feel deserted even in the middle of the day versus commercial where you have higher traffic and the dispensary itself providing security. Commissioner Sakakihara also noted that Union Landing where Flor may be the only place in the City where there is always a dedicated police presence that is paid for by the district and operations the Union Landing area. Commissioner Sakakihara stated that he didn’t know if it aligns with the police department, but it was his sense that there was some benefit not necessarily closer to residential but not as isolated as in the middle of an industrial district.

Commissioner Lew recommended to the City Council approval of amendments to Chapter

18.36, “Commercial Districts”, and Chapter 18.117, “Commercial Cannabis Businesses,” of Title 18, “zoning”, of the Municipal Code to allow for cannabis dispensary/ retail uses in the Neighborhood Commercial (CN) District, Community Commercial (CC) District, Visitor and Recreation Commercial (CVR) District, and the Professional and Administrative Commercial (CPA) District based on the specific findings and adopt a resolution confirming this action.

Commissioner Sakakihara seconded.

The motion was carried by the following roll call vote:

AYES: (LEW, SAKAKIHARA, AGBUYA)
NOES: (MANN)
ABSTAIN: NONE
ABSENT: GUIO
The motion passes 3-1.

7. SUPPLEMENTAL STAFF REPORTS:

A. CONTINUED HEARINGS: None.

B. NEW REPORTS: None.

8. ECONOMIC DEVELOPMENT REPORTS: None.

9. COMMISSION MATTERS:

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

City Council/RSA Agenda 436 Tuesday, November 8, 2022
Ms. Campbell notified the Commission that the City Council approved the ordinance to allow the ECD Director to make public convenience or necessity determinations related to ABC licenses which was reviewed by the Commission a few weeks prior. Ms. Campbell also noted that the City Council will be reviewing the Station District Specific Plan package that was reviewed on October 6, 2022 at the following week’s meeting.

B. Upcoming applications for the Regular Planning Commission meeting for November 3, 2022.

Ms. Campbell stated that at this point they didn’t have any applications coming up for either meeting in November, but it could change for the second meeting. Ms. Campbell noted that there would be items for December.

10. GOOD OF THE ORDER:

Ms. Campbell alerted the Commission to an email sent by City Clerk Anna Brown regarding the Ethics Training that will be happening on Monday, December 5. Ms. Campbell also noted that there was a successful public outreach event at the Farmer’s Market last weekend with regards to the objective standards project that is moving forward. Ms. Campbell noted that staff would be attending the Fun Run and the Halloween Carnival at the end of the month and that Mr. Frick would be attending those.

Chairperson Mann gave a shoutout to the South Asian and Indian residents of Union City as Monday, October 24 is Diwali, the festival of lights. Chairperson Man stated that it is an event that is a celebration throughout the world, and it is something to look forward to during the difficult economic times and to know that that there is light and good over evil.

Chairperson Mann reminded the residents that this year's election is on November 8th, and everyone should register to vote. Chairperson Mann stated that it is a chance to bring in change and if you don’t vote, you cannot complain about decisions that do take place.

Chairperson Mann noted that another item he wanted to bring up is something that he was saddened about. Chairperson Mann stated that as a City that considers itself as a compassionate City, that sometimes the perception that comes out to communities of color are not that. Chairperson Mann stated that the language that is used by some in the City, including contractors, is not professional. Chairperson Mann stated that he could not comment further on the matter on fear of retribution or retaliation from the City. Chairperson Mann wished a Happy Diwali for all those businesses who are catering to the 20 plus percent of the population that lives here and celebrating. Chairperson Mann reminded them that they are in control, and they can register to bring changes on November 8.

11. ADJOURNMENT: 9:21 PM
City Council/RSA Agenda 437 Tuesday, November 8, 2022
Item 6.a
Draft Housing Element Amendments
City Council/RSA Agenda 438 Tuesday, November 8, 2022
2  Submitted to Department of
Housing and Community Development (HCD) for 90-day review on 7/28/22  Comments Received 10/26/22 Additional HCD review periods60-days Housing Element related General Plan and Zoning amendments required to be in effect prior to 1/31/23 to ensure RHNA capacity is met Background
City Council/RSA Agenda 439 Tuesday, November 8, 2022
3 Regional Housing Needs Allocation
Regional Housing
Needs Allocation (RHNA)
California
(Housing and Community Development)
ABAG
(Association of Bay Area
Governments)
Regional Housing Needs
Determination (RHND)
441,176 units
Local Jurisdictions
Regional Housing Needs Allocation
(RHNA)
Every city and county must plan to
accommodate
its “fair share” of the regional
housing need
Union City’s
2023
-2031 RHNA = 2,728 units
State
Region
Cities
& Counties
 RHNA 2,728 units
including 1,258 lower income units
 City must have
capacity for units
 Required by 1/31/23 Penalties from State if
City does not have adequate sites
City Council/RSA Agenda 440 Tuesday, November 8, 2022
4  City required to accommodate housing demand through RHNA Some of RHNA met through approved sites Capacity for remaining RHNA demonstrated through Housing Sites Inventory
 Inventory of Vacant and Underutilized Sites with development potential by 2031
 Draft Housing Element contains 36 inventory sites in total Nine sites require updates to General Plan or Zoning designations (i.e., redesignation or rezoning)
Housing Sites Inventory
City Council/RSA Agenda 441 Tuesday, November 8, 2022
5 1. Addendum to General Plan EIR– Analysis of Draft
Housing Element Amendment impacts

2. General Plan Amendment (AG-22-003) – Consistency with Draft Housing Element

3. Zoning Text Amendment (AT-22-006) – Consistency with Draft Housing Element

4. Zoning Map Amendment (A-22-003) – Consistency with
Draft Housing Element
Requests
City Council/RSA Agenda 442 Tuesday, November 8, 2022
6 Nine Sites Requiring Zoning or General Plan Amendments City Council/RSA Agenda 443 Tuesday, November 8, 2022
Sites Requiring Zoning or General Plan Amendments
7 LM-8
LM-7 LM-10
LM-11
LM-9
City Council/RSA Agenda 444 Tuesday, November 8, 2022
8 LM-13
LM-12
LM-15
LM-14
City Council/RSA Agenda 445 Tuesday, November 8, 2022
9 General Plan Amendments
 Text Amendments
 Land Use Element –Remove Diamond Mine density policy (LU-5.9), Union City Boulevard District Area Plan reference removal (SA-7A)  Special Areas Element – Remove references to Area Plan for Union City Boulevard District (Policy SA-11.2)
 Economic Development Element – Modify requirement to conduct comprehensive evaluation of land use changes, so that it does not apply to opportunity sites identified in the Housing Element (Policy ED-1.4 and Program ED-1.B)  Key Figure Amendments – Revisions to reflect land use changes for the nine sites
City Council/RSA Agenda 446 Tuesday, November 8, 2022
10 Zoning Text Amendments
 New Village Mixed Use (VMU) District: Chapter 18.27 – New zoning district to implement the VMU General Plan land use designation for the Historic Alvarado District – will replace Specialty Commercial (CS) District  Minor Amendments to Chapter 18.35: Corridor Mixed Use Commercial (CMU) District – Correction of minor internal inconsistencies between the chapter, General Plan, and Draft Housing Element  Amendments to Chapter 18.36 Commercial Districts, related to VMU District – Updates for consistency with new VMU district. Standards for Historic Alvarado District were previously located in this chapter City Council/RSA Agenda 447 Tuesday, November 8, 2022
11 CEQA Addendum
 Evaluates potential environmental impacts associated with proposed amendments
 Determines how impacts related to the Draft Housing Element amendments compare to those evaluated in General Plan EIR  Addendum Determination:
 No substantial changes in circumstances have occurred, nor has any new information of substantial importance been identified requiring new analysis or verification, and no new or more severe impacts would occur beyond what was previously analyzed in the certified General Plan EIR City Council/RSA Agenda 448 Tuesday, November 8, 2022
12 Planning Commission Recommendation
 Planning Commission recommended approval of the
Amendments and CEQA Addendum on October 20, 2022 (4-0)
 Desk item addressed minor updates to resolutions and code text
 One public comment regarding traffic
City Council/RSA Agenda 449 Tuesday, November 8, 2022
13 Staff Recommendation
Adopt two Resolutions:
1) Adopting an Addendum to the 2040 General Plan EIR2) Amending the General Plan (AG-22-003) Introduce two Ordinances:
1) Amending Title 18, Zoning, of the Union City Municipal Code (AT-22- 006), and
2) Amending the Official Zoning Map (A-22-003)
For consistency with the Draft 2023-2031 Housing Element City Council/RSA Agenda 450 Tuesday, November 8, 2022
Agenda Item
DATE: 11/8/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: PUBLIC HEARING AND INTRODUCTION OF ORDINANCE APPROVING ZONING TEXT AMENDMENT, AT-22-007, AMENDING CHAPTER 18.36, “COMMERCIAL DISTRICTS”, AND CHAPTER 18.117, “COMMERCIAL CANNABIS BUSINESSES,” OF THE UNION CITY MUNICIPAL CODE TO

AUTHORIZE CANNABIS DISPENSARY USES IN THE NEIGHBORHOOD

COMMERCIAL (CN) DISTRICT, COMMUNITY COMMERCIAL (CC)

DISTRICT, VISITOR AND RECREATION COMMERCIAL (CVR)

DISTRICT, AND THE PROFESSIONAL & ADMINISTRATIVE
COMMERCIAL (CPA) DISTRICT AND AMENDING SECTION 5.44.050, “STANDARDS FOR COMMERCIAL CANNABIS DISPENSARIES”
Staff recommends that the City Council hold a public hearing and waive full reading and introduce by title only the attached Ordinance (Attachment 1) approving Zoning Text Amendment, AT-22-007. The proposed amendment will modify Chapter 18.36, “Commercial Districts”, and Chapter 18.117, “Commercial Cannabis Businesses,” of Title 18, “Zoning”, of the Municipal Code to allow the cannabis dispensary/retail use in the Neighborhood Commercial (CN) District, Community Commercial (CC) District, Visitor and Recreation Commercial (CVR) District, and the Professionaland Administrative Commercial (CPA) District, subject to allexisting regulatory and licensure requirements. In addition, the proposed Ordinance would amend Municipal Code Section 5.44.050 to eliminate the prohibition on cannabis dispensaries being located within 100 feet of a residentialzoning district.

The Planning Commission recommended approval of this Zoning Text Amendment to the City Councilat its October 20, 2022 meeting on a 3-1 vote. Because the Planning Commission does not have jurisdiction over changes to Title 5 of the Municipal Code, the proposed amendment to Section 5.44.050 was not part of the Planning Commission’s recommendation, although staff did inform the Commission of the proposed changed.

Attached to this staff report are the draft Planning Commission Meeting Minutes (Attachment 2).

STRATEGIC PLAN ALIGNMENT
The proposed ordinance is consistent with Strategic Plan Goal C:“Economic, Community Development and Public Safety - Institute forward-thinking business, land use development, housing, social services, and public safety strategies that promote community growth and innovation.” City Council/RSA Agenda 451 Tuesday, November 8, 2022

BACKGROUND
In November 2016, California voters passed Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act (“AUMA”), legalizing recreationalcannabis use for adults 21 years of age and older with certain restrictions. The AUMA creates a comprehensive regulatory and licensing structure for commercial nonmedical cannabis businesses, including cultivation, manufacturing and retail. In addition, the AUMA permits adults 21 years of age and older to cultivate up to six (6) cannabis plants at a private residence.

Local jurisdictions may not prohibit such cultivation, except that they may still prohibit outdoor personal cannabis cultivation. In order to implement the AUMA, and to address inconsistencies and other issues between the AUMA and existing law, the Legislature created the Bureau of Cannabis Control, which is responsible for adopting and enforcing regulations, as wellas issuing state licenses for all of the various license types. Different license types exist for retail, manufacturing, and cultivation, among other things.

None of the various cannabis related laws prevent the City from enacting nuisance and land use regulations regarding cannabis, or prohibiting commercialcannabis uses completely. A city is constitutionally authorized to make and enforce within its limits all local police, sanitary, and other ordinances. (Cal. Const. Art. XI, § 7.) Importantly, an applicant for a state license must first obtain localapproval for a commercialcannabis use prior to receiving state approvaland cannot submit an application for a state license if the proposed cultivation violates a local ordinance. The City Council has previous amended the Municipal Code to allow commercial cannabis uses, including manufacturing, testing, distribution, cultivation, dispensary, and microbusinesses, to operate in the ML (Light Industrial) District and MS (Special Industrial) District. In 2020, the City Council further amended the Municipal Code to allow one (1) cannabis dispensary in the Union Landing Commercial (CUL) District.

Commercialcannabis uses are prohibited from operating in the City except in accordance with Chapter 5.44, which establishes the regulatory and licensure requirements for commercialcannabis uses. The City Council, from time to time, may establish the number of permits issued for each type of commercialcannabis use by resolution, and may elect, by resolution, to open the process for accepting applications for permits for specified commercialcannabis uses. The City Council is not obligated to issue permits for any type of commercialcannabis use and may adopt procedures to govern the permit application process. The City Council has previously authorized three (3) cannabis permits for a dispensary/retail use. There are currently two entities that have permits issued through this process, Lemonnade (located at 30545 Union City Boulevard) and Flor (located at 31000 Courthouse Drive).

Given the significant shortage of available space in the City’s industrial districts, potentialapplicants and other interested parties have expressed interest in being able to open a cannabis dispensary in other commercial districts in the City. At its July 27, 2022 meeting, the City Counciladopted a resolution to open the process for accepting applications for available commercialcannabis permits. There is one permit available for a cannabis dispensary use. The Staff Report for that item also identified that staff would be preparing an amendment to allow the dispensary use in the CN, CC, CPA and CVR Districts.

DISCUSSION
The Municipal Code currently allows commercialcannabis uses, including manufacturing, testing, distribution, cultivation, dispensary, and microbusinesses, in the ML (Light Industrial) District and MS (Special Industrial) District. Additionally, the cannabis dispensary/retail use in allowed the Union Landing Commercial (CUL) District (with a limitation of one business maximum in this District). The cannabis dispensary use includes any commercialcannabis facility, operated in accordance with State and local laws and regulations, where cannabis and/or cannabis products are offered for retail sale, including an establishment that delivers cannabis and/or cannabis products as part of a retail sale.

City Council/RSA Agenda 452 Tuesday, November 8, 2022
The proposed amendment would allow cannabis dispensary/retail use in the Neighborhood Commercial (CN) District, Community Commercial (CC) District, Visitor and Recreation Commercial (CVR) District, and the Professionaland Administrative Commercial (CPA) District, subject to allexisting regulatory and licensure requirements. Although the amendments would permit the cannabis dispensary use, any business wishing to operate a cannabis dispensary use would be required to obtain a permit from the City. The City Council has the authority to decide when applications for such permits will be accepted, and the Council recently decided to accept applications to award previously authorized cannabis permits. There is currently only one (1) permit available for a new cannabis dispensary. The City Council has previously adopted procedures governing how such permits will be awarded in order to ensure that permits are awarded to the most qualified applicants.

Allcannabis dispensaries are subject to the operating requirements in Municipal Code Chapter 5.44. Section

5.44.050 currently prohibits a cannabis dispensary from being located within 100 feet of a residentialzoning district. However, the overwhelming majority of sites in the CN, CC, CVR, and CPA Districts are within 100 feet of a residentialzoning district. To ensure that a cannabis business can successfully located in these areas, the proposed Ordinance would also eliminate this 100-foot buffer. Cannabis dispensaries would continue to be prohibited on sites with a residential use, as wellas near schools, childcare facilities, parks, libraries, and youth centers.

When the City Council first authorized cannabis uses in the ML and MS Districts, there was some belief that a cannabis use was not an appropriate use for commercial districts. However, the existing cannabis dispensary in Union Landing has been operating without any significant issues or impacts on neighboring business. Each cannabis permit is for a specific location. Accordingly, staff and the City Council will have the ability to evaluate the appropriateness of all specific proposed locations within the identified commercial districts to ensure they would be compatible with neighboring uses, including any residential structures.

With approval of the proposed amendments, the cannabis dispensary use will be permitted and regulated in the CN, CC, CVR, and CPA Districts, pursuant to the City’s regulations and California law.

Planning Commission Meeting
The public hearing for the project was held on October 20, 2022. The Commission considered feedback from staff and members of the public. For a detailed overview of the Planning Commission discussion, see the attached Meeting Minutes labeled Attachment 2. Some commission members expressed a belief that a third cannabis dispensary in Union City was not necessary or warranted. Commissioners also asked questions about the process for evaluating individual proposed sites.

After consideration of the proposed text amendment and testimony from staff and the public, the Commission voted 3-1 to recommend the City Counciladopt a resolution approving the proposed text amendment.

Because the Planning Commission does not have jurisdiction over changes to Title 5 of the Municipal Code, the proposed amendment to Section 5.44.050 was not part of the Planning Commission’s recommendation, although staff did inform the Commission of the proposed changed.

Environmental Assessment
Approval of the amendments is exempt from environmental review in accordance with Business and Professions Code section 26055(h), the exemption for the adoption of an ordinance that requires discretionary review of permits, and 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 Amendments will have a significant effect on the environment.

City Council/RSA Agenda 453 Tuesday, November 8, 2022

FISCAL IMPACT
There is no direct fiscal impact from adopting the proposed amendments to the Municipal Code.

RECOMMENDATION
Consistent with the Planning Commission recommendation, staff recommends that the City Council hold a public hearing and waive full reading and introduce by title only the attached Ordinance (Attachment 1) to amendment Chapter 18.36, “Commercial Districts”, and Chapter 18.117, “Commercial Cannabis Businesses,” of Title 18, “Zoning”, of the Municipal Code to allow the cannabis dispensary/retail use in the Neighborhood Commercial (CN) District, Community Commercial (CC) District, Visitor and Recreation Commercial (CVR) District, and the Professionaland Administrative Commercial (CPA) District, and to amend Municipal Code Section 5.44.050, “Standards for Commercial Cannabis Dispensaries.” Prepared by:

Alex J. Mog, Deputy City Attorney
Submitted by:

Kristopher J. Kokotaylo, City Attorney
ATTACHMENTS:

Description Type
Cannabis Ordinance Ordinance
Attachment 2: Draft PCMinutes of October 20, 2022 Attachment Power Point Attachment
City Council/RSA Agenda 454 Tuesday, November 8, 2022
ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UNION CITY APPROVING ZONING TEXT AMENDMENT, AT-22-007, AMENDING CHAPTER 18.36, “COMMERCIAL DISTRICTS”, AND CHAPTER 18.117, “COMMERCIAL CANNABIS BUSINESSES,” OF THE UNION CITY MUNICIPAL

CODE TO AUTHORIZE THE CANNABIS DISPENSARY USE IN THE

NEIGHBORHOOD COMMERCIAL (CN) DISTRICT, COMMUNITY COMMERCIAL (CC) DISTRICT, VISITOR AND RECREATION COMMERCIAL (CVR) DISTRICT,

AND THE PROFESSIONAL & ADMINISTRATIVE COMMERCIAL (CPA) DISTRICT AND AMENDING SECTION 5.44.050, “STANDARDS FOR COMMERCIAL CANNABIS DISPENSARIES”
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, in November 2016, California voters passed Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act (“AUMA”), legalizing recreational cannabis use for adults 21 years of age and older with certain restrictions; and WHEREAS, the AUMA creates a comprehensive regulatory and licensing structure for commercial nonmedical cannabis businesses, including cultivation, manufacturing and retail; and WHEREAS, in order to implement the AUMA, and to address inconsistencies and other issues between the AUMA and existing law, the Legislature created the Bureau of Cannabis Control, which is responsible for adopting and enforcing regulations, as well as issuing state licenses for all of the various license types; and
WHEREAS, none of the various cannabis related laws prevent the City from enacting nuisance and land use regulations regarding cannabis, or prohibiting commercial cannabis uses completely; and
WHEREAS, the City regulates all commercial cannabis uses operating in the City in a manner that mitigates potential negative impacts, prevents cannabis from reaching minors or the illicit market, preserves public health and safety, protects the environment, drives diverse economic opportunities, and implements the City’s General Plan; and WHEREAS, an applicant for a state commercial cannabis license must first obtain local approval prior to receiving state approval and cannot submit an application for a state license if the proposed cannabis business violates a local ordinance; and WHEREAS, the City Council has previous amended the Municipal Code to allow commercial cannabis uses, including manufacturing, testing, distribution, cultivation, dispensary, City Council/RSA Agenda 455 Tuesday, November 8, 2022
and microbusinesses, to operate in the ML (Light Industrial) District and MS (Special Industrial) District; and
WHEREAS, in 2020, the City Council further amended the Municipal Code to allow one (1) cannabis dispensary in the Union Landing Commercial (CUL) District.

WHEREAS, the City Council previously conducted application processes for a limited number of commercial cannabis permits in certain use categories; and WHEREAS, interested parties and applicants have expressed an interest in being able to open a cannabis dispensary in the City’s commercial districts, given the significant shortage of available space in the City’s industrial districts; and WHEREAS, the proposed amendments to the Zoning Code would allow the cannabis dispensary/retail use in use in the Neighborhood Commercial (CN) District, Community Commercial (CC) District, Visitor and Recreation Commercial (CVR) District, and the Professional and Administrative Commercial (CPA) District, subject to all existing regulatory and licensure requirements; and
WHEREAS, the proposed Ordinance would also amendment Municipal Code section

5.44.050 to eliminate the prohibition on cannabis dispensaries being located within 100 feet of a residential zoning district; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed Municipal Code Amendments on October 20, 2022 at which time all interested parties had the opportunity to be heard. The Planning Commission considered a staff report dated October 20, 2022 and all written and oral testimony; and
WHEREAS, the Planning Commission by a 3-1 vote recommended to the City Council adoption of the proposed amendments to the Zoning Code; and WHEREAS, the proposed Ordinance would also amendment Municipal Code section

5.44.050 to eliminate the prohibition on cannabis dispensaries being located within 100 feet of a residential zoning district; and
WHEREAS, the City Council held a duly noticed public hearing on the proposed Municipal Code Amendments on November 8, 2022 at which time all interested parties had the opportunity to be heard. The City Council considered the Planning Commission recommendation and all written and oral testimony; and
WHEREAS, the City Council desires to amending the Zoning Code to permit the cannabis dispensary use in the allow the cannabis dispensary/retail use in use in the Neighborhood Commercial (CN) District, Community Commercial (CC) District, Visitor and Recreation Commercial (CVR) District, and the Professional and Administrative Commercial (CPA) District.

City Council/RSA Agenda 456 Tuesday, November 8, 2022

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UNION CITY DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Recitals.

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

SECTION 2. Municipal Code Amendment Chapter 5.44.040.

Section 5.44.050(E), “Standards for Commercial Cannabis Dispensaries,” of the Union City Municipal Code is hereby amended to add the following permitted use to the existing table (deletions in strikethrough; additions in underline):
“5.44.050 Standards for commercial cannabis dispensaries. …
E. Distance Requirements. Establishment of cannabis dispensaries shall be consistent with Title 18 and unless otherwise allowed under State law and approved by the City:

1. Shall not be established on any parcel containing a dwelling unit used as a residence, nor within one hundred feet of a residential zoning district.

2. Shall not be established within one hundred feet from any school or child care facility.

3. Shall not be established within one hundred feet of any park, library, or youth center.

4. The distance requirements of subsections (E)(1) through (3) above 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.”
SECTION 3. Municipal Code Amendment Chapter 18.36.

Section 18.36.020, “Permitted Uses”, of the Union City Municipal Code is hereby amended to add the following permitted use to the existing table (deletions in strikethrough; additions in underline):
“18.36.020 Permitted uses.

Permitted Uses CPA CN CC CVR CS
Cannabis dispensary/retail* x x x x
City Council/RSA Agenda 457 Tuesday, November 8, 2022
* A cannabis dispensary/retail use shall be subject to the zoning requirements of Chapter 18.117 as well as the licensure and regulatory requirements of Chapter 5.44.” SECTION 4. Municipal Code Amendment Chapter 18.117.

Section 18.117.090, “Cannabis dispensary/retail under cannabis license Type 10,” of the Union City Municipal Code is hereby amended to read as follows (deletions in strikethrough; additions in underline):

18.117.090 Cannabis dispensary/retail under cannabis license Type 10 Cannabis dispensaries, including non-storefront retail cannabis businesses, are permitted subject to the requirements of this section, the granting of, and compliance with all provisions of, a commercial cannabis permit issued pursuant to Chapter 5.44, and any other required permits or approvals including administrative site development review pursuant to Chapter 18.72 or site development review pursuant to Chapter 18.76, in the following zones:

A. Light Industrial (ML), subject to any applicable requirements of Chapter 18.40, Article II, ML (Light Industrial) District Regulations.

B. Special Industrial (MS), subject to any applicable requirements of Chapter 18.40, Article III, MS (Special Industrial) District Regulations.

C. Neighborhood Commercial (CN) District, subject to any applicable requirements of Chapter 18.36 (Commercial Districts).

D. Community Commercial (CC) District, subject to any applicable requirements of Chapter

18.36 (Commercial Districts).

E. Visitor and Recreation Commercial (CVR) District, subject to any applicable requirements of Chapter 18.36 (Commercial Districts).

F. Professional and Administrative Commercial (CPA) District, subject to any applicable requirements of Chapter 18.36 (Commercial Districts).

GC. Union Landing Commercial District (CUL), subject to any applicable requirements of Chapter 18.36, Commercial District Regulations, and Chapter 18.39, Union Landing Commercial (CUL) District. The cannabis dispensary/retail use shall not be allowed in the Office Commercial Development (OC) area or the Community Commercial Development (CC) area of the Union Landing Commercial District. Additionally, no more than one (1) cannabis permit may be issued for the Union Landing Commercial District.

SECTION 5. Findings.

The City Council makes the following findings in support of this Ordinance amending the Municipal Code, based on the whole of the record before it.

City Council/RSA Agenda 458 Tuesday, November 8, 2022

1. That the proposed Municipal Code Amendments should be granted because the City will benefit economically from the development of the cannabis dispensary use in the CN, CC, CVR, and CPA Districts as well as from the increased tax revenue generated by a cannabis dispensary use. There is not available space in the City’s industrial zones to accommodate a new cannabis dispensary. Furthermore, the City’s substantial interest in protecting residents and businesses against the possible negative secondary effects and adverse impacts of commercial cannabis businesses in the City is furthered through the City’s existing regulatory and licensure requirements; and

2. That the proposed Municipal Code Amendments are consistent with the General Plan because the proposed amendments support the policies of the Economic Development Element including 1) Policy ED-1.1, which encourages development that generates sales tax, property tax, and other revenues that will improve the City’s ability to provide the public with high-quality services and minimize future tax increases on existing businesses and residents, and 2) Policy ED6.3, which addresses the need for a diverse retail mix. In addition, the proposed amendments are consistent with the land use designation of “Commercial”, which is applied to the CN, CC, CVR, and CPA Districts; and

3. That the proposed Municipal Code Amendments are necessary and desirable to achieve the purposes of Title 18 because the proposed amendments promote and protect the public health, safety, morals, comfort, convenience and the general welfare of the people and protect the character and maintain the stability of residential, business and industrial areas within the City by requiring new cannabis dispensary/retail uses be subject to the City’s existing cannabis regulatory and licensure requirements.

SECTION 6. CEQA. Approval of the amendments is exempt from environmental review in accordance with Business and Professions Code section 26055(h), the exemption for the adoption of an ordinance that requires discretionary review of permits. Additionally, approval of the amendments is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a 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 ordinance will have a significant effect on the environment.

SECTION 7. 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 8. 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 459 Tuesday, November 8, 2022
with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.

City Council/RSA Agenda 460 Tuesday, November 8, 2022
ATTACHMENT 2

CITY OF UNION CITY
DRAFT

MINUTES FOR THE REGULAR PLANNING COMMISSION MEETING
ON THURSDAY, OCTOBER 20, 2022, 7:00 P.M.

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

AND VIA TELECONFERENCE

1. ROLL CALL: Chairperson Harpal Mann; Commissioner JoAnn Lew; Commissioner Scott Sakakihara; Commissioner Ed Mack Agbuya

3. APPROVAL OF MINUTES:

The regular Planning Commission minutes of September 15, 2022 were approved as submitted.

4. ORAL COMMUNICATIONS: None.

5. WRITTEN COMMUNICATIONS: None.

6. PUBLIC HEARINGS:
a. CONTINUED HEARINGS: None.
b. NEW HEARINGS:

1. THE STATION EAST OWNER, LLC, PLANNING AREA 3 (PA 3) AT APN 087- 0021-005-02 (PORTION), SITE DEVELOPMENT REVIEW, SD-22-003; The applicant, The Station East Owner, LLC, is seeking Site Development Review (SD-22-003) to construct 50 townhouse style condominiums on 1.71 acres in six 4-story buildings located in the Station East Mixed Use Residential Development between the extensions of 8th Street and 9th Street, south of Decoto Road and east of the PG&E Substation (APN 087-0021-005-02 portion), including a portion of the former Air Liquide site within the SEMU-R Zoning District. This project is within the scope of the Environmental Impact Report entitled “Station East Residential/Mixed Use Project” (SCH# 2020039032), dated April 2021, prepared pursuant to the California Environmental Quality Act (CEQA) and certified by the City Council on June 8, 2021 (Note: Item to be re-noticed and considered at a future date.)
City Council/RSA Agenda 461 Tuesday, November 8, 2022
Carmela Campbell, Economic & Community Development Director notified the Planning Commission that the item would not be heard that evening and heard at a later date. Ms.