Agenda packet, regular meeting — Union City City Council, November 8, 2022 (part 1 of 3)

AGENDA

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, November 8, 2022
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587
This meeting will also be held via teleconference. To access meeting please see teleconference guidelines.

1. CALL TO ORDER

1.a. Pledge of Allegiance

1.b. Roll Call
Mayor Carol Dutra-Vernaci
Vice Mayor Jaime Patiño
Councilmember Emily Duncan
Councilmember Pat Gacoscos
Councilmember Gary Singh

2. UNFINISHED BUSINESS - None

3. PROCLAMATIONS AND PRESENTATIONS - None

4. ORAL COMMUNICATIONS
An individual speaker shall have three minutes to address the Council on non-agenda items under the Oral Communications section of the agenda. The Mayor may, in their discretion, lower the time limit to less than three minutes based on the number of speakers and/or business to be conducted by the City Council.

Members of the public who wish to speak to the Council under the City Council/RSA Agenda 1 Tuesday, November 8, 2022
first Oral Communications section are requested to complete a speaker card, giving their name and city of residence. If a speaker wants further notification from the City, the speaker may include a mailing address. Neither a speaker card or identification of name, city of residence or mailing address are not required to provide public comment but are requested for record keeping purposes.

5. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered routine in nature and will be enacted by one motion. If discussion is required on a specific item, it will be removed from the Consent Calendar and considered separately.

5.a. Waived Further Reading of Proposed Ordinance
(This permits reading the title only in lieu of reciting the entire text of any proposed Ordinance.)

5.b. Approve the Minutes of the City Council Meetings Held on October 25, 2022

5.c. Adopt A Resolution Establishing Commissioner Compensation

5.d. Adopt An Ordinance Adding Chapter 9.83 “Safe Storage Of Firearms” To Title 9 “Peace, Safety And Morals” Section IX. “Weapons” To The Union City Municipal Code To Require The Safe Storage Of Firearms In A Residence

5.e. Adopt Two Ordinances For 1) Zoning Text Amendment, AT-22- 005, Amending Title 18, Zoning, of the Union City Municipal Code and 2) Zoning Map Amendment, A-22-001, For
Consistency With the Station District Specific Plan

5.f. Adopt A Resolution Finding That There Is A Proclaimed State Of Emergency; Finding That Meeting In Person Would Present Imminent Risks To The Health Or Safety Of Attendees As A Result Of The State Of Emergency; And Authorizing Remote Teleconferenced Meetings Of The Legislative Bodies Of The City Of Union City For The 30 Day Period Beginning November 8 Pursuant To Ab 361 And Adopt A Resolution Confirming The Continued Existence Of A Local Emergency Due To Covid-19

5.g. Adopt An Ordinance Amending Section 2.26.040
“Compensation For The Arts & Culture Commission” Of
Chapter 2.26 “Arts & Culture Commission” And Section

2.20.080 “Compensation” Of Chapter 2.20 “Boards,
Commissions, Committees, And Organizations” Of The Union City Municipal Code

5.h. Adopt A Resolution Establishing A Homeless Program Outreach Worker Position, Approving A Side Letter Between The City Of Union City And Service Employees’ International Union Local 1021 (SEIU) To Create The Position Of Homeless Program Outreach Worker, And Approving An Amendment To
City Council/RSA Agenda 2 Tuesday, November 8, 2022
The City’s Salary Compensation Table In Conformance With California Code Of Regulations, Title 2, Section 570.5

5.i. Adopt A Resolution To Approve The Creation Of The Lead Construction Inspector, Adopt A Side Letter Between The City Of Union City And The Professional Employees’ Group (PEG) To Create The Position Of Lead Construction Inspector,
Reclassify A Public Works Inspector To The Lead Construction Inspector, And Approve An Amendment To The City’s Salary Compensation Table In Conformance With California Code Of Regulations, Title 2, Section 570.5

5.j. Adopt A Resolution Approving A Two-Year Service Agreement With Kroll Associates, Inc., For A Not-To-Exceed Aggregate Sum Of $139,400.00, And Authorizing The City Manager To Execute The Agreement.

6. PUBLIC HEARINGS

6.a. Public Hearing And Adopt Two Resolutions 1) Adopting An Addendum To The 2040 General Plan EIR, 2) Amending The
General Plan (AG-22-003), And 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

6.b. 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”

7. CITY MANAGER REPORTS

7.a. Introduce An Ordinance Of The City Council Of The City Of Union City Amending Chapter 2.04, City Council, Of The Union City Municipal Code

7.b. Introduce An Ordinance Repealing And Replacing Chapters

15.20, 15.40, 15.44, 15.48, 15.52, 15.80, 15.81, And 15.84 Of Title 15, Building And Construction, Of The Union City Municipal Code To Incorporate The 2022 California Building Codes With Local Amendments And Set A Public Hearing

7.c. Adopt A Resolution Approving An Amended And Restated Employment Agreement With Joan Malloy To Serve As City
Manager

8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY -
City Council/RSA Agenda 3 Tuesday, November 8, 2022
None

9. AUTHORITIES AND AGENCIES - None

10. CITY COMMISSION / COMMITTEE REPORTS - None

11. SCHEDULED ORAL COMMUNICATION - None

12. ITEMS REFERRED BY COUNCIL

13. GOOD OF THE ORDER

14. CLOSED SESSION - None

15. ADJOURNMENT
A complete agenda packet is available for review at City Hall or on our website www.unioncity.org
Any writings or documents provided to a majority of City Council members regarding any item on this agenda will be made available for public inspection at the City Clerk's Counter at City Hall, located at 34009 Alvarado-Niles Road, Union City, California, during normal business hours.

Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990.

Interested person must request the accommodation at least two working days in advance of the meeting by contacting the City Clerk at (510) 675- 5348.

TELECONFERENCING GUIDELINES FOR THE CITY OF UNION CITY REGULAR COUNCIL

MEETING
COVID-19 Notice: Consistent with State of California Executive Order No. 29-20 dated March 17, 2020, the City Council will be participating in public meetings via phone/video conferencing. The City Council Chambers will not be open to the public. Members of the public can observe and address the Council using the below technological processes.

How to watch the meeting remotely:

1. Comcast TV Channel 15 (UCTV 15)

2. Live stream https: https://www.unioncity.org/199/City-Meetings-Video How to Address Council:

Written Comment: To provide written comment on an item on the agenda or to address the Council about an issue during Public Comment, you may send an email to [email protected]. Please include the phrase "public comment" in the subject line and note the agenda item number that you want to address. Written comments received before 3:00 p.m. will be e-mailed to the City Council and made publicly available. Comments received after 3:00 p.m. will be read into the record for up to the first 300 words (approximately 3 minutes consistent with the time limit provided for public speakers) and added to City Council/RSA Agenda 4 Tuesday, November 8, 2022
the official record.

Public Comment via Teleconference: Members of the public may address the Council on a matter on the agenda or during the Public Input portion of the meeting. Raise your virtual hand to notify the host that you would like to speak during that portion.

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Dial (for higher quality, dial a number based on your current location):

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ADA Accessibility: If you require a reasonable modification or accommodation for a disability, please email the
City Clerk at [email protected] a minimum of two (2) business days prior to the Council meeting. 3511412.1
City Council/RSA Agenda 5 Tuesday, November 8, 2022
Agenda Item
ATTACHMENTS:

Description Type
Draft Min - SP10252022 Attachment
Draft Min - REG10252022 Attachment
City Council/RSA Agenda 6 Tuesday, November 8, 2022

NOTICE AND AGENDA OF SPECIAL MEETING

CITY OF UNION CITY

CITY COUNCIL SPECIAL MEETING
Tuesday, October 25, 2022
6:00 PM
City Hall - City Council Conference Room
34009 Alvarado-Niles Road
Union City, CA 94587

1. CALL TO ORDER
Roll Call

2. ORAL COMMUNICATIONS - comments limited to items on the Special Meeting Agenda

3. CLOSED SESSION

3.a. Conference with Legal Council - Existing Litigation Gov. Code § 54956.9 (d)(1)
Name of Case: City of Long Beach, et al v. Monsanto Company, et al.

United State District Court, Central District of California - Western Division
Case No.: 2:16-cv-03493-FMO-AS

3.b. Conference with Legal Council - Existing Litigation Paragraph (1) of subdivision (d) of Section 54956.9
Name of case: Cortesluna v. Union City
Case No. 3:17-CV-05133-JSC

3.c. Conference With Labor Negotiators
Gov. Code Section 54957.6
Agency designated representative:

Lilybell Nakamura, Chief Human Resources Officer
City Council/RSA Agenda 7 Tuesday, November 8, 2022
Employee organization:

Management Employees Group (MEG)
Professional Employees Group (PEG)
Service Employees International Union, Local 1021 (SEIU) Union City Police Management Association (UCPMA)
Union City Police Officers Association (UCPOA)

4. ADJOURNMENT
/s/ Carol Dutra-Vernaci
Carol Dutra Vernaci
Mayor
City Council/RSA Agenda 8 Tuesday, November 8, 2022

MINUTES

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, October 25, 2022
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587

1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 7:09 p.m.

1.a. Pledge of Allegiance
Mayor Dutra-Vernaci led the pledge.

1.b. Roll Call Present: Councilmembers Duncan, Gacoscos, Singh, Vice Mayor Patiño, Mayor DutraVernaci

Absent: None

2. UNFINISHED BUSINESS - None

3. PROCLAMATIONS AND PRESENTATIONS

3.a. Proclamation Recognizing October as Hindu American Awareness and Appreciation Month
Mayor Dutra-Vernaci read the proclamation aloud. The proclamation was accepted by Kalyan Balakrishnan, volunteer with the Hindu American Federation.

4. ORAL COMMUNICATIONS –
Public comment was given via zoom by individuals identified as JK and Chen.

Public comment was given in person by Vipan Bajwa, Michael Wang, and Jeff Wang.

City Council/RSA Agenda 9 Tuesday, November 8, 2022

5. CONSENT CALENDAR
It was moved by Councilmember Singh and seconded by Councilmember Gacoscos to adopt consent calendar items 5.a. through 5.d. The motion was carried by a unanimous roll call vote.

5.a. Waived Further Reading of Proposed Ordinance
(This permits reading the title only in lieu of reciting the entire text of any proposed Ordinance.)

5.b. Approve the Minutes of the City Council Meetings Held on October 11, 2022

5.c. Adopted Ordinance No. 901-22 for Zoning Text Amendment, AT-22-004, Amending Chapter 18.52, Administration, of Title 18, Zoning, of the Union City Municipal Code, Adding Section 18.52.084, Public Convenience or Necessity Determination and Appeals, to Allow the Economic and Community Development Director to Determine that Public Convenience or Necessity Would be served by the Issuance of ABC Retail Licenses for Alcohol Sales

5.d. Adopted Resolution No. 6024-22 Authorizing the Acceptance of Office of Traffic Safety (OTS) Selective Traffic Enforcement Program Grant Funds, in the Amount of $80,000, for Fiscal Year 2022-2023, and Amending the Fiscal Year 2022-2023 OTS Fund Budget

6. PUBLIC HEARINGS

6.a. Public Hearing and Adopt Three Resolutions: 1) Certifying the Environmental Impact Report for the Project, 2) Adopting the Station District Specific Plan (SP-22-001) and Related Action, 3) Amending the General Plan (AG-22-002); and Introduce Two Ordinances: 1) Amending Title 18, Zoning, of the Union City Municipal Code (AT-22-005), and 2) Amending the Official Zoning Map (A-22-001) for Consistency with the Specific Plan
The staff report was presented by Economic and Community Development Director, Carmela Campbell, Planning Manager, Derek Farmer, and Andrew Hill, Principal for Dyett & Bhatia. The presentation included detailed information on the Station District Specific Plan and related General Plan and Zoning amendments.

Planning Manager Farmer noted that a correction to the Statement of Overriding Considerations needed to be made prior to the Council’s actions.

The reference on page 25 of 28 on Exhibit A, which is page 71 of the packet.

The reference to “noise” as an “unavoidable impact” should read “air quality” instead.

With the presentation complete, Mayor Dutra-Vernaci opened the Council discussion.

Vice Mayor Patiño asked if the Peterson Farmhouse will be demolished.

Director Campbell stated the adoption of the Specific Plan has no bearing on the demolition of the Peterson Farmhouse, but that viability of adaptive re-use of the Farmhouse was being looked at. Director Campbell added that the EIR City Council/RSA Agenda 10 Tuesday, November 8, 2022
analyzed demolition of the Farmhouse to provide flexibility depending on the outcome of that analysis.

Councilmember Gacoscos asked for clarification regarding the main spine represented in the plan.

Director Campbell stated the main spine provided connectivity between businesses at the Safeway shopping center and pedestrian/bicycle link to the BART station and other transit.

Councilmember Singh asked for the definition of the SEMU-R zoning designation, BART parking standards/thresholds, the inclusion of parking meters, and the size of the RV parking lot located on Alvarado-Niles Road.

Director Campbell stated the SEMU-R is the Station East Mixed Use – Residential Zoning District, which was created and applied when the Station East project came forward.

Regarding parking, Director Campbell stated that the BART parking standard was less than one space per unit and meters would be installed in the retail areas. Director Campbell added that the RV parking lot was approximately 3- 4 acres.

Councilmember Duncan requested clarification on what mixed use will look like in the Marketplace area and what was the vision for affordable housing at the Gateway project.

Director Campbell responded that the vision is that current commercial structures would be demolished and rebuilt as vertical mixed use with retail on the bottom and units or office space on top and added that there is also the option of horizontal mixed use, with freestanding apartments and commercial uses such as a new public market. Director Campbell added that the same amount of retail square footage would need to be maintained.

Regarding affordable housing, Director Campbell reported that 25 percent of the total number of units would be affordable and located in one building and managed by an affordable housing provider. Director Campbell added that the remaining portion of the development anticipates lower-density multi-family such as duplexes and triplexes. Director Campbell further added that the anticipated total number of units for the Gateway site is about 500-530.

Mayor Dutra-Vernaci asked if the housing units to be developed on the current RV lot will be 100 percent affordable. Mayor Dutra-Vernaci asked if there will be services on site as well.

Director Campbell stated the intention is for them to be 100 percent affordable and that there is an estimated number of 73 lower income units proposed for the site. Director Campbell corrected for the record that the site is approximately 1.63 acres. Director Campbell expected there to be services for the residents on site as well.

Mayor Dutra-Vernaci opened the public hearing and called for public comment.

City Council/RSA Agenda 11 Tuesday, November 8, 2022
Resident Maria Ramirez expressed her opposition to the project; raising concerns about the environmental impact on future generations. Ms. Ramirez expressed concerns about the road being put through (Quarry Lakes Parkway), and how she believed it to be near a superfund site.

Resident and BART District 6 Director Liz Ames stated that conversations about saving the farm and farmland have been going on since 2014, following the success of Measure KK. Ms. Ames believed making overriding considerations to this extent, will allow for the removal of agricultural land, cultural resources and historic property, all without mitigation. It was her thought that this was a developer driven project, with little consideration for the concerns raised by historical groups.

Referring to the East-West Connector, now known as the Quarry Lakes Parkway, Ms. Ames stated the 2009 EIR should have been attached to the Station District Plan as an addendum. With the number of vehicles expected to travel the parkway, Ms. Ames did not believe that it was transit oriented or at pedestrian scale.

Ms. Ames also discussed the East entry to the BART station (At Grade Crossing), which she stated was approved by BART and the funding was available to complete. She felt it should be demanded of the developer to complete the pedestrian spine. Ms. Ames stated there was too much emphasis on a road that would do nothing but create a commuter route for cars and too much emphasis on housing. She opined that the focus should be on putting jobs near transit and making a pedestrian-based downtown.

Mayor Dutra-Vernaci closed the public hearing.

In response to the public comments, Mayor Dutra-Vernaci noted the City has its Housing Element as designated by the State, and the State has designated the Gateway property as surplus land. Housing at the site has been included in the General Plan for the past 25 years.

Regarding Quarry Lakes Parkway, Mayor Dutra-Vernaci noted there were several other regional agencies involved with the environmental aspect of the project, and that there will be a number of different permits needed from each of them before even beginning.

Regarding the At-Grade Crossing on the East side of the BART station, Mayor Dutra-Vernaci wanted it noted for the record that Union City is ready to start the project, but that the main impediment has been Union Pacific Railroad.

Mayor Dutra-Vernaci noted there was also lengthy conversation about the Peterson Farmhouse at the Planning Commission and the City is moving forward in the most considerable way possible.

Councilmembers provided additional comments.

Vice Mayor Patiño stated he would like to see the farmhouse preserved if at all possible. Vice Mayor Patiño reiterated the Mayor’s statements regarding the difficulty in working with Union Pacific.

Councilmember Duncan understood this to be an emotional hot topic for a long time, and believed it would be good to look into ways to preserve, respect City Council/RSA Agenda 12 Tuesday, November 8, 2022
and acknowledge the history of the area as we think about creating a park or other community spaces.

Mayor Dutra-Vernaci suggested there may be a way to repurpose some of the wood from the farmhouse should it need to be demolished.

Being no further comments, it was moved by Councilmember Duncan and seconded by Vice Mayor Patiño to adopt:

Resolution No. 6025-22 Certifying the Environmental Impact Report for the Project; Resolution No. 6026-22 Adopting the Station District Specific Plan (SP-22-001) and Related Action; Resolution No. 6027-22 Amending the General Plan (AG-22-002); and Introduce Ordinance No. 902-22 Amending Title 18, Zoning, of the Union City Municipal Code (AT-22-005), and Ordinance No. 903-22 Amending the Official Zoning Map (A-22-001) for Consistency with the Specific Plan.

Director Campbell noted the motion should be amended to include the correction to the statement of overriding considerations made by Mr. Farmer.

Councilmember Duncan amended the motion to include the amendment; Vice Mayor Patiño seconded the motion. The motion was carried by a unanimous roll call vote.

7. CITY MANAGER REPORTS

7.a. Introduce An Ordinance Of The City Council Of The City Of Union City Adding Chapter 9.83, Safe Storage Of Firearms, To Title 9 (Peace, Safety And Morals) Ix (Weapons) Of The Union City Municipal Code To Require The Safe Storage Of Firearms In A Residence
City Attorney Kokotaylo presented the staff report and responded to questions from Council. Councilmembers provided comment.

It was moved by Councilmember Gacoscos and seconded by Councilmember Singh to introduce Ordinance No. 904-22 Adding Chapter 9.83, Safe Storage Of Firearms, To Title 9 (Peace, Safety And Morals) IX (Weapons) Of The Union City Municipal Code To Require The Safe Storage Of Firearms In A Residence. The motion was carried by unanimous roll call vote.

7.b. Introduce An Ordinance Of The City Council Of The City Of Union City Amending Section 2.26.040 “Compensation For The Arts & Culture Commission” Of Chapter 2.26 “Arts & Culture Commission” And Section

2.20.080 “Compensation” Of Chapter 2.20 “Boards, Commissions, Committees, And Organizations” Of The Union City Municipal Code City Attorney Kokotaylo presented the staff report and responded to questions from Council. Councilmembers provided comment.

It was moved by Councilmember Singh and seconded by Councilmember Gacoscos to introduce Ordinance No. 905-22 Amending Section 2.26.040 “Compensation For The Arts & Culture Commission” Of Chapter 2.26 “Arts & Culture Commission” And Section 2.20.080 “Compensation” Of Chapter 2.20 “Boards, Commissions, Committees, And Organizations” Of The Union City Municipal Code. The motion was carried by unanimous roll call vote.

City Council/RSA Agenda 13 Tuesday, November 8, 2022

7.c. Provide Direction Regarding City Council Expense and Travel Budget City Manager Joan Malloy presented the staff report, which included information about the City’s current policy and policies of neighboring cities.

Council direction on policy revisions was requested.

The Legislative and Policy Committee met several times on the matter and recommended to establish budget per Councilmember between $3000-6000 and $5000-10,000 for the Mayor. The Committee also recommended to reevaluate the travel budget on an annual basis. Council direction on appropriate approach and amount was requested.

Council consensus was to follow recommendation on the budgeting per year in the amounts of $5,000 for Councilmember and $10,000 for the Mayor. .

Staff will return with a budget amendment at a future meeting.

8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY - None

9. AUTHORITIES AND AGENCIES - None

10. CITY COMMISSION / COMMITTEE REPORTS - None

11. SCHEDULED ORAL COMMUNICATION - None

12. ITEMS REFERRED BY COUNCIL
Vice Mayor Patiño reported on his attendance of the following meetings:
- Alameda County Waste Management Authority
- Economic Development Advisory Team (EDAT)
- East Bay Community Energy Commission
Councilmember Gacoscos reported on her attendance of a meeting of the Housing Authority of Alameda County.

Councilmember Singh reported on his attendance of a meeting of the EDAT.

Councilmember Duncan reported on her attendance of the Legislative and Policy Committee.

Mayor Dutra-Vernaci reported on her attendance of meetings of the Metropolitan Transportation Commission and the Alameda County Transportation Commission.

13. GOOD OF THE ORDER
Vice Mayor Patiño reported on his attendance of the following events:
- Walk and Roll event at Hillview Crest Elementary School - Burial services for former Union City Councilmember Steve Martin - Tip-a-Cop event at Texas Roadhouse
Councilmember Gacoscos reported on her attendance of the FilAm Celebration held at Itliong-Vera Cruz Middle School.

Mayor Dutra-Vernaci gave kudos to Economic Development Manager, Gloria Ortega, for the excellent service she provided to a local business owner.

City Council/RSA Agenda 14 Tuesday, November 8, 2022

14. CLOSED SESSION

14.a. Conference With Labor Negotiators (Government Code Section 54957.6) Agency designated representative: Kristopher J. Kokotaylo, City Attorney Unrepresented employee: City Manager
Mayor Dutra-Vernaci adjourned the meeting to closed session at 9:23 p.m.

Mayor Dutra-Vernaci called the regular meeting back to order at 9:47 p.m. stating there was no reportable action from the closed session meeting.

15. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 9:47 p.m.

Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 15 Tuesday, November 8, 2022
Agenda Item
DATE: 11/8/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: ADOPT A RESOLUTION OF THE CITY OF UNION CITY ESTABLISHING

COMMISSIONER COMPENSATION
Staff recommends that the City Counciladopt a resolution establishing Commissioner Compensation.

STRATEGIC PLAN ALIGNMENT
Adoption of this resolution is consistent with the following goal of the strategic plan: Goal B. Governance and Organization Effectiveness.

BACKGROUND
Chapter 2.20 “Boards, Commissions, Committees, and Organizations” of the Union City Municipal Code (the “Code”) sets forth the duties, responsibilities and compensation of the City’s commissions, committees, and boards (herein collectively referred to as “advisory bodies”), including Parks and Recreation Commission, Youth Commission, Planning Commission, Human Relations Commission, Senior Citizens Commission, and Arts & Culture Commission. Chapter 2.20.080 authorizes the City Council to specify the compensation for each board, commission, committee, or organization, except the Youth Commission, by resolution.

Concurrent with this resolution, the City Council is considering an ordinance to provide that the Arts & Culture Commission is eligible for compensation. Currently, the City’s Planning, Human Relations, Park and Recreation, and Senior Citizens Commissions are eligible for compensation.

DISCUSSION
California Government Code Section 36506 authorizes the City Council to establish the compensation and benefits of all appointive officers. The proposed resolution is consistent with the City Council’s concurrent action to adopt an ordinance to provide that the Arts & Culture Commission is eligible for compensation.

City Council/RSA Agenda 16 Tuesday, November 8, 2022
While the commissioners for the Planning Commission, Parks and Recreation Commission, Human Relations Commission and Senior Citizens Commission currently receive compensation as previously approved, the proposed resolution sets forth the compensation of all advisory body members for each meeting actually attended in order to have one centralauthority for compensation. Specifically the proposed resolution provides that Commissioners shall receive a specified amount as compensation for their services for each meeting actually attended in the amount of:
· Parks and Recreation Commissioners ($39)
· Planning Commissioners ($155)
· Human Relations Commissioners ($39)
· Senior Citizens Commissioners ($39)
· Arts & Culture Commissioners ($39)
With the exception of the Arts & Culture Commission, these are simply a recitation of existing compensation.

If adopted, the resolution will not go into effect until January 1, 2022, after the effective date of the proposed ordinance that would allow the Arts & Culture Commission to receive compensation. While the City did not perform a comprehensive survey of compensation provided to commissions and board of other cities, the responses received revealed that other cities provide no compensation to commissions other than the planning commission, which is unique because it is required under state law. Some cities provided no compensation to planning commissioners and others provided more modest amounts. There is no staff recommendation to increase the existing compensation amounts currently provided.

FISCAL IMPACT
There are no direct fiscal impacts as a result of adopting the proposed resolution.

RECOMMENDATION
Staff recommends that the City Council adopt the proposed resolution establishing commissioner compensation.

Prepared by:

Erica Gonzalez, Attorney
Submitted by:

Kristopher J. Kokotaylo, City Attorney
ATTACHMENTS:

Description Type
Commissioner Compensation Resolution Resolution
City Council/RSA Agenda 17 Tuesday, November 8, 2022
RESOLUTION NO. ____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

ESTABLISHING COMMISSIONER COMPENSATION
WHEREAS, Chapter 2.20 “Boards, Commissions, Committees, and Organizations” of the Union City Municipal Code (the “Code”) sets forth the duties, responsibilities and compensation of the City’s commissions, committees, and boards (herein collectively referred to as “advisory bodies”), including Parks and Recreation Commission, Youth Commission, Planning Commission, Human Relations Commission, Senior Citizens Commission, and Arts & Culture Commission; and
WHEREAS, Chapter 2.20.080 authorizes the City Council to specify the compensation for each board, commission, committee, or organization, except the Youth Commission, by resolution; and
WHEREAS, concurrent with this Resolution the City Council adopted an ordinance to provide that the Arts & Culture Commission is eligible for compensation; and WHEREAS, California Government Code Section 36506 of the California Government Code authorizes the City Council to establish the compensation and benefits of all appointive officers; and
WHEREAS, members of advisory bodies perform important services for the benefit of the community; and
WHEREAS, the City Council now wishes to set the compensation of members of advisory bodies for each meeting actually attended.

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

1. The above recitals are true and correct, and are incorporated into this resolution as though stated herein.

2. The City Council of the City of Union City hereby adopts this resolution to set the compensation of advisory body members for each meeting actually attended.

BE IT FURTHER RESOLVED that:

1. Commissioners for the Parks and Recreation Commission shall receive for their services compensation in the amount of $39 for each regular meeting actually attended.

City Council/RSA Agenda 18 Tuesday, November 8, 2022

2. Commissioners for the Planning Commission shall receive for their services compensation in the amount of $155 for each regular meeting actually attended.

3. Commissioners for the Human Relations Commission shall receive for their services compensation in the amount of $39 for each regular meeting actually attended.

4. Commissioners for the Senior Citizens Commission shall receive for their services compensation in the amount of $39 for each regular meeting actually attended.

5. Commissioners for the Arts & Culture Commission shall receive for their services compensation in the amount of $39 for each regular meeting actually attended.

BE IT FURTHER RESOLVED that this resolution shall take effect January 1, 2023.

City Council/RSA Agenda 19 Tuesday, November 8, 2022
Agenda Item
DATE: 11/8/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITYOF UNION CITYADDING CHAPTER 9.83 “SAFE STORAGE OF FIREARMS” TO TITLE 9 “PEACE, SAFETYAND MORALS” SECTION IX.
“WEAPONS” TO THE UNION CITY MUNICIPAL CODE TO REQUIRE

THE SAFE STORAGE OF FIREARMS IN A RESIDENCE
On October 25, 2022, the City Council introduced an ordinance to add Chapter 9.83 “Safe Storage of Firearms” to Title 9 “Peace, Safety and Moral” Section IX. “Weapons” to the Union City Municipal Code to require the safe storage of firearms in a residence.

The City Council may now waive the full reading of the text of the ordinance and adopt the attached ordinance adding Chapter 9.83 “Safe Storage of Firearms” to the Union City Municipal Code.

STRATEGIC PLAN ALIGNMENT
The proposed ordinance is consistent with the following goal of the strategic plan:

Goal C: Economic, Community Development and Public Safety.

BACKGROUND
The City of Union City does not presently regulate firearm storage within residential locations. On October 25, 2022, the City Council unanimously voted to introduce the proposed ordinance adding Chapter 9.83 “Safe Storage of Firearms” to the Union City Municipal Code to mandate the safe storage of firearm within residential locations. The ordinance is intended to curb access to firearms by children and other at risk individuals and decrease harm to the community consistent with California and Federal laws. A more detailed discussion of firearm-related deaths in the United States and existing State Law is provided in the attached October 25, 2022 Staff Report.

In the last twelve months, the City of Union City has seen a 63% increase in the number of attempted homicides and assaults with a firearm. Implementation of the proposed ordinance is one of several strategies established by the City of Union City and Police Department to attempt to address this increase in gun City Council/RSA Agenda 20 Tuesday, November 8, 2022
violence within the community.

DISCUSSION
The proposed ordinance will require the storage of firearms in a locked container or require use of a safety device to disarm the firearm in a residence. The ordinance would not create a substantial burden to persons lawfully carrying and storing firearms in the home. The requirements of the ordinance would not apply when a firearm is legally carried on the person, or otherwise in his or her immediate possession and control, nor when the firearm is in the immediate possession and control of a peace officer. Any person who violates the ordinance is deemed guilty of a misdemeanor. To encourage reporting of lost or stolen firearms, a person who reports the loss or theft of a firearm they own or possess to the Union City Police Department within five days, consistent with California Penal Code, would not be prosecuted for a violation of the ordinance.

On October 25, 2022, the City Council unanimously voted to introduce the proposed ordinance.

Should the City Councilchoose to waive the second reading and adopt the attached ordinance adding Chapter

9.83 “Safe Storage of Firearms” to the Union City Municipal Code, the Ordinance would be effective April 1, 2023.

FISCAL IMPACT
There is no fiscal impact as a result of adopting the attached Ordinance.

RECOMMENDATION
Staff recommends that the City Council waive reading the full text of the attached ordinance, conduct the second reading of the title of the attached ordinance, and adopt the attached ordinance adding Chapter 9.83 “Safe Storage of Firearms” to Title 9 “Peace, Safety and Moral” Section IX. “Weapons” of the Union City Municipal Code to require the safe storage of firearms in a residence.

Prepared by:

Erica Gonzalez, Attorney
Submitted by:

Kristopher J. Kokotaylo, City Attorney
ATTACHMENTS:

Description Type
Safe Firearms Ordinance Ordinance
City Council/RSA Agenda 21 Tuesday, November 8, 2022
ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY ADDING CHAPTER 9.83, SAFE STORAGE OF FIREARMS, TO TITLE 9 (PEACE, SAFETY

AND MORALS) IX (WEAPONS) OF THE UNION CITY MUNICIPAL CODE TO

REQUIRE THE SAFE STORAGE OF FIREARMS IN A RESIDENCE
WHEREAS, the City of Union City does not presently regulate firearm storage within residential locations; and
WHEREAS, firearm injuries have a significant adverse public health and safety impact nationally, regionally, and locally; and
WHEREAS, improperly stored firearms may result in accidental firearm injuries and/or deaths, particularly in homes with children; and
WHEREAS, in California, numerous people die each year from injuries related to firearms, and many more are hospitalized for non-fatal gunshot wounds; and WHEREAS, having a loaded or unlocked firearm in the home has been associated with an increased risk of firearm-related injury and death, as well as theft of the firearm; and WHEREAS, quick access to a loaded firearm heightens the risk that a young person’s impulsive decision to commit suicide may be carried out without reflection or seeking help, and that the impulsive attempt will be fatal; and
WHEREAS, utilizing gun locks or lock boxes when storing firearms in the home reduces the risk of firearm injury and death, as well as theft; and WHEREAS, keeping a firearm locked when it is not being carried ensures that it cannot be accessed or used by others without the owner’s knowledge or permission, decreasing the risk that the gun will be used to commit suicide, homicide, or inflict injury, whether intentionally or unintentionally; and
WHEREAS, the International Association of Chiefs of Police and the American Academy of Pediatrics recommend the safe storage of firearms; and
WHEREAS, both gun control and gun rights activists endorse the use of locking devices when storing firearms to ensure that unauthorized and untrained persons cannot access firearms to inflict injury or cause death; and
WHEREAS, requiring stored, unsupervised firearms to be secured with gun locks or in a locked container does not substantially burden the right or ability to use firearms for self-defense in the home; and
WHEREAS, the locking requirements apply to firearms that are not being legally carried. Legal City Council/RSA Agenda 22 Tuesday, November 8, 2022
firearm owners may still carry loaded and unlocked firearms in their home at any time. The safe storage requirements also permit legal owners to store their firearms fully loaded if they wish; and WHEREAS, firearm security does not preclude quick access. Portable lockboxes with simplex or biometric locks can store loaded firearms such that they can be accessed quickly. Such safely stored firearms may be more quickly and easily retrieved for use in self-defense than unlocked firearms hidden away in seldom-used or remote locations; and
WHEREAS, the City Council finds that requiring safe storage of firearms would constitute a sensible safety regulation and would not be unduly burdensome for firearm owners; and WHEREAS, the City Council wishes to add Chapter 9.83 to Title 9 (Peace, Safety And Morals) IX (Weapons) of the City of Union City Municipal Code to require the safe storage of firearms in a residence.

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. Municipal Code Amendment. Chapter 9.83 (Safe Storage of Firearms) is added to Title 9 (Peace, Safety And Morals) IX (Weapons) of the Union City Municipal Code as follows:
“Chapter 9.83 Safe Storage of Firearms.

Section 9.83.010 Safe Storage of Firearms in a Residence Required.

A. No person shall keep a firearm (as defined in California Penal Code section 16520, as amended from time to time) in any residence in Union City, owned or controlled by that person unless the firearm is stored in a locked container (as defined in California Penal Code section 16850, as amended from time to time) or the firearm is disabled with a safety device listed on the California Department of Justice’s roster of firearm safety devices (as defined in the California Penal Code sections 16540 & 23635, as amended from time to time).

B. Exceptions:

1. Subsection (A) does not apply when a firearm is carried on the person of, or is otherwise in the immediate control and possession of, an individual in accordance with applicable local, state, and/or federal laws.

2. Subsection (A) does not apply when a firearm is carried on the person of, or is otherwise in the immediate control and possession of a peace officer (as defined in California Penal Code sections 830 et. seq, as amended from time to time).

City Council/RSA Agenda 23 Tuesday, November 8, 2022

3. To encourage reporting of lost or stolen firearms (as defined in California Penal Code section 16520, as amended from time to time), a person who complies with California Penal Code section 25250 by reporting the loss or theft of a firearm they own or possess to a local law enforcement agency within five days from the time they knew or reasonably should have known the firearm had been lost or stolen shall not be prosecuted for violation of subsection (A).

C. It is not the intention of this Section to regulate any conduct if the regulation of such conduct has been preempted by state or federal law.

Section 9.83.020 Penalty; Misdemeanor or Infraction
Any person who violates any provision of this chapter shall be deemed guilty of a misdemeanor as provided in Section 1.16.010.

Section 9.83.030 Operative Date
This chapter shall be operative on April 1, 2023.”
SECTION 3. CEQA. Approval of the ordinance 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 that do not authorize any new activity, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment.

SECTION 4. 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 5. 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 24 Tuesday, November 8, 2022
City Council/RSA Agenda 25 Tuesday, November 8, 2022
Agenda Item
DATE: 11/8/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: SECOND READING AND ADOPTION OF TWO ORDINANCES FOR 1) ZONING TEXT AMENDMENT, AT-22-005, AMENDING TITLE 18, ZONING, OF THE UNION CITY MUNICIPAL CODE AND 2) ZONING MAP
AMENDMENT, A-22-001, FOR CONSISTENCY WITH THE STATION

DISTRICT SPECIFIC PLAN
Staff recommends that the City Council conduct a second reading of the title of the proposed ordinances associated with AT-22-005 to update Title 18, Zoning, and A-22-001 to update the Official Zoning Map for consistency with the adopted Station District Specific Plan.

The City Council held a public hearing and introduced the Ordinances at its October 25, 2022 meeting on a 5-0 vote. See Attachment 1, Exhibit A and Exhibit B (Redline version), for the draft amendment language and Attachment 2, Exhibit A, for the Zoning Map amendments.

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

Goal C, Strategy 3 - Facilitate the build out of the greater Station District Area (Council Priority).

Goal C, Strategy 11, Complete the Station District Specific Plan

BACKGROUND
At its October 25, 2022, meeting, the City Council introduced two Ordinances associated with a Zoning Text Amendment (AT-22-005) and a Zoning Map Amendment (A-22-001) for consistency with the recently adopted Station District Specific Plan. The City Council also approved associated General Plan amendments (AG-22-002) for consistency.

For a more detailed overview of the prior proposed actions, see City Council Staff Report dated October 25, 2022.

City Council/RSA Agenda 26 Tuesday, November 8, 2022

DISCUSSION
See below for a summary of the proposed amendments.

AT-22-005 - Zoning Text Amendment
Addition of Chapter 18.26, Mixed Use Marketplace (MMU) Zoning District; Addition of Chapter 18.41, Station East Employment (SEE) Zoning District; Deletion of Chapter 18.40, Article V, Research and Development Campus (RDC) Zoning District; Miscellaneous updates to Chapters 17.30,18.12,18.30, 18.37, 18.38, 18.40, 18.50, 18.76, 18.92,

18.102, and 18.114 to:

Remove references to the DIPSA Specific Plan in Chapters 17.30, 18.38, 18.50, 18.92,

18.102;
Add references to Mixed Use Marketplace, Station East Employment, Station East Mixed Use Residential Corridor Mixed Use, and Village Mixed Use zoning districts and remove references to Research and Development Campus and Specialty Commercial zoning districts in Chapters 18.12, 18.30, 18.76, and 18.114; and
Update standards in Chapters 18.37 and 18.38 for consistency with the Station District Specific Plan and Chapters 18.26 and 18.41.

A-22-001 - Zoning Map Amendment
Change APNs 87-23-23, 87-23-48, 87-23-36, 87-23-49, 87-23-14-2, 87-23-15, 87-23-25, 87-23-21-1, 87-23-46-2, 87-23-42, 87-27-57, 87-27-58, 87-27-38, 87-27-43, 87-27-40, 87-27-39, 87-27-41, and 87-27-17) from Research and Development Campus (RDC) to Station East Employment (SEE) District;
Change APNs 486-51-6, 486-51-7, 486-51-9, 486-51-10, 486-51-13, 486-51-12, 486-51-11, 87-19-9, 87-19-16, 87-19-1-7, 486-99-36, 486-99-7-5, 87-2-155, 87-2-156, 87-2-157, 87-2-158, 87-19-7-2, 87- 19-6 from Community Commercial (CC) to Marketplace Mixed Use (MMU); Change APNs 97-21-4-4, 87-23-11, and 87-23-12 from Research and Development Campus (RDC) to Station East Mixed Use Residential (SEMU-R);
Change 87-11-2 and 87-11-8-2 from Community Commercial (CC) to Corridor Mixed Use (CMU); and
Change APNs 87-335-6, 87-17-6, 87-335-1-1, and 87-17-7 from Research and Development Campus (RDC) to Commercial Station Mixed Use (CSMU).

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

RECOMMENDATION
Staff recommends that the City Council waive the reading of the full text of the Ordinances, conduct the second reading of the title of the proposed Ordinances, and adopt the Ordinances approving AT-22-005 and A-22-001. The Ordinances will become effective 30 days after the second reading.

Prepared by:

Carmela Campbell, Economic and Community Development Director City Council/RSA Agenda 27 Tuesday, November 8, 2022
Submitted by:

Carmela Campbell, Economic and Community Development Director ATTACHMENTS:

Description Type
Attachment 1- OrdinanceApproving AT-22-005 Ordinance
Attachment 1 - Exhibit A -AT-22-005 Exhibit
Attachment 1 - Exhibit B-AT-22-005 Exhibit
Attachment 2- OrdinanceApproving A-22-001 Ordinance
Attachment 2 - Exhibit A -AT-22-001 Exhibit
City Council/RSA Agenda 28 Tuesday, November 8, 2022
ATTACHMENT 1
ORDINANCE NO. XXX-22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING ZONING TEXT AMENDMENT (AT-22-005) TO UPDATE TITLE 18,

ZONING, FOR CONSISTENCY WITH THE STATION DISTRICT SPECIFIC PLAN INCLUDING CREATION OF CHAPTER 18.26 AND 18.41, DELETION OF CHAPTER

18.40, ARTICLE V, RDC DISTRICT REGULATIONS, AND RELATED MISCELLANEOUS UPDATES TO CHAPTERS 18.12, 18.30, 18.37, 18.38, 18.40, 18.50,

18.76, 18.92, 18.102, 18.114
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; and

PLANNING COMMISSION REVIEW
WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed amendments on October 6, 2022, at which time all interested parties had the opportunity to be heard. The Planning Commission considered a staff report dated October 6, 2020 and all written and oral testimony, and adopted Resolution No. 16-22 recommending approval of the 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 October 25, 2022, at which time all interested parties had the opportunity to be heard. The City Council considered a staff report dated October 25, 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 Municipal Code includes the following components, as shown in Exhibit A, which is attached hereto and incorporated herein by reference:
 Addition of Chapter 18.26, Mixed Use Marketplace Zoning District  Addition of Chapter 18.41, Station East Employment Zoning District  Deletion of Chapter 18.40, Article V, Research and Development Campus (RDC) Zoning District
 Miscellaneous updates to Chapters 18.12,18.30, 18.37, 18.38, 18.40, 18.50, 18.76,

18.92, 18.102, 18.114 to:
o Remove references to the DIPSA Specific Plan in Chapters 18.38, 18.50,

18.92, 18.102
o Add references to Mixed Use Marketplace, Station East Employment, Station East Mixed Use Residential Corridor Mixed Use, and Village Mixed City Council/RSA Agenda 29 Tuesday, November 8, 2022
Ordinance No. XXX-22

Page 2 ends

Use zoning districts and remove references to Research and Development Campus and Specialty Commercial zoning districts in Chapters 18.12,

18.30, 18.76, and 18.114
o Update standards in Chapters 18.37 and 18.38 for consistency with the Station District Specific Plan and Chapters 18.26 and 18.41; WHEREAS, a red-lined version of the amendment is shown in Exhibit B, which is attached hereto and incorporated herein by reference.

THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS:

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

SECTION 2. CEQA. The City Council adopted Resolution XXXX-22, dated October 25, 2022 and incorporated herein by reference, certifying the EIR (SCH# 2021010303) and adopting required CEQA findings regarding mitigations and alternatives, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the Station District Specific Plan, and all environmental impacts of the proposed amendments were addressed within the EIR.

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 City Council/RSA Agenda 30 Tuesday, November 8, 2022
Ordinance No. XXX-22

Page 3 ends

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

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 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 31 Tuesday, November 8, 2022
Exhibit A
CHAPTER 17.30 REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF

FEES, OR BOTH, FOR PARK AND RECREATION LAND IN SUBDIVISIONS

17.30.045 Park land dedication formula for residential development within the Station District .

In determining the amount of park land required for subdivisions subject to the Station District Specific Plan, the following standards shall apply in lieu of the Park Land Dedication Formula Table in Section 17.30.040.

Types of Dwellings Average Density/DU Density Range
Average
Dedication per DU
Single-family 3.69 3.0–10.0 0.01107
Townhouse 3.37 up to 15.0 0.01011
Multifamily 2.50 15.1 and over 0.0075*
Single-family shall include single-family detached, semi-detached and zero lot line units.

Townhouses shall include attached dwelling units of more than two units with a density up to fifteen units per acre. Multifamily shall include attached dwelling units of more than two units with a density of fifteen and one-tenth units per acre or greater CHAPTER 18.12. DISTRICTS ESTABLISHED.

The following zoning districts are established:

RS 10,000 Single-Family Residential District
RS 8,000 Single-Family Residential District
RS 7,000 Single-Family Residential District
RS 6000 Single-Family Residential District
RS 4500 Single-Family Residential District
R 5000 Decoto Residential District
RM 3500 Multifamily Residential District
RM 2500 Multifamily Residential District
RM 1500 Multifamily Residential District
CSMU Station Mixed Use Commercial District
CMU Corridor Mixed Use
MMU Marketplace Mixed Use
SEMU-R Station East Mixed Use Residential
VMU Village Mixed Use
CPA Professional and Administrative Commercial District City Council/RSA Agenda 32 Tuesday, November 8, 2022
Station District Zoning Update - AT-22-005
Exhibit A – October 6, 2022

Page 2 of 54 ends

CN Neighborhood Commercial District
CC Community Commercial District
CVR Visitor and Recreation Commercial District
CUL Union Landing Commercial District
SEE Station East Employment
MG General Industrial District
ML Light Industrial District
MS Special Industrial District
CF Civic Facility District
PI Private Institutional District
A Agricultural District
OS Open Space District
-H Hillside Combining District
FC Floodplain Combining District
LHP Landmark and Historic Preservation Overlay Zone
PUD Planned Unit Development
CCDCD Civic Center Design Control District
R511 Single-Family Residential District, 511 Specific Area Plan CHAPTER 18.26 MARKETPLACE MIXED USE (MMU) DISTRICT

18.26.010 Purpose.

The purpose of the marketplace mixed use (MMU) district is to establish a vibrant, walkable citywide commercial destination with community-serving and specialty retail, dining, and entertainment uses with a complementary mix of residential, office, and other uses.

18.26.020 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:

1. Art studios;

2. Body art;

3. Banks/savings and loans, excluding check cashing businesses; City Council/RSA Agenda 33 Tuesday, November 8, 2022
Station District Zoning Update - AT-22-005
Exhibit A – October 6, 2022

Page 3 of 54 ends

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

17. Pet grooming (no overnight boarding of animals);

18. Office uses; and

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

D. Home occupations subject to the conditions listed in Section 18.32.020 (G).

E. Office mixed use developments with ground floor commercial uses identified in Section

18.26.020 (C).

F. Office uses.

G. Residential mixed use developments with ground floor commercial uses identified in Section 18.26.020 (C).

H. Residential uses with activated ground floor commercial uses including, but not limited to, residential amenity space, leasing office, lobby, business center, and live/work units subject to the provisions of Section 18.38.032 along primary frontages.

I. 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.

City Council/RSA Agenda 34 Tuesday, November 8, 2022
Station District Zoning Update - AT-22-005
Exhibit A – October 6, 2022

Page 4 of 54 ends

18.26.030 Conditional uses.

A. Approval by the Zoning Administrator (Refer to chapter 18.54 for a detailed description of the administrative use permit process). Commercial indoor uses may be located in a stand-alone /in-line commercial building or incorporated into the ground floor of a residential or office mixed use development.

1. Child day care facilities.

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

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

4. Outdoor activities located in private and public plazas.

5. Outdoor displays in conjunction with an existing adjacent business.

6. 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.

7. 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. The following uses may be located in a stand-alone /in-line commercial building or incorporated into the ground floor of a residential or office mixed use development:
a. Bars, comedy clubs, nightclubs, and lounges;
b. Check cashing;
c. Commercial recreation facilities;
d. Convenience markets;
e. Entertainment and recreation uses with an occupant load of 50 or more through the Uniform Building Code;
f. Liquor stores;
g. Massage.

2. Discount clubs.

City Council/RSA Agenda 35 Tuesday, November 8, 2022
Station District Zoning Update - AT-22-005
Exhibit A – October 6, 2022

Page 5 of 54 ends

3. Drive-in/drive-through uses.

4. 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)

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

6. Hotels.

7. Service stations and gas station marketeers subject to the provisions of the Gas Station Marketeer Policy Statement with all operations, except for the sale of gasoline and the washing of automobiles, 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.

8. Superstores subject to the criteria outlined in the Policy Statement for Use Permit Review of Superstores.

9. All other uses determined by the Planning Commission 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.

18.26.035 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.”

18.26.040 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 or modification 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.

18.26.050 Performance standards.

City Council/RSA Agenda 36 Tuesday, November 8, 2022
Station District Zoning Update - AT-22-005
Exhibit A – October 6, 2022

Page 6 of 54 ends

A. Commercial uses shall be provided along the ground floor of buildings in the areas detailed in the Station District Specific Plan Figure 4-6. Within residential developments, the decision maker may approve, at its discretion, partial or complete substitution of live/work units and residential amenity space for the required ground floor active uses if the project can demonstrate a community benefit. Live/work units shall comply with Section 18.38.032.

B. There shall be no greater than 15% net loss of total commercial space in any future redevelopment of a site within the district, with a focus on retaining retail anchors such as grocery stores and drugstores. Affordable housing projects, which provide 100 percent of the units as affordable for low, very low, and extremely low income categories, are exempt from this requirement.

C. 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.

D. 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.

E. 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 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.

F. 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.

G. Any residential building that includes more than two hundred fifty (250) units shall provide a shared co-working space area measuring a minimum of three hundred (300) square feet.

18.26.060 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 a residential (R) district, a solid masonry wall six (6) feet in height shall be located on the shared property line.

18.26.070 Minimum site Area
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A minimum site area of not less than twenty thousand (20,000) square feet shall be required.

18.26.080 Site area per dwelling unit.

The minimum site area per dwelling unit shall be four hundred thirty-five (435) square feet.

18.26.090 Floor area Ratio.

The maximum floor area ratio (FAR) shall be 3.0.

18.26.100 Residential Density.

A minimum of thirty (30) units per acre and a maximum of one hundred (100) units per acre is permitted.

18.26.110 Frontage, width and depth of site.

Newly created lots shall have a minimum street frontage width of 100 feet and a minimum lot depth of 200 feet. Exceptions may be granted by the decision maker through the Site development review process if it results in a more usable lot configuration or to accommodate lots created for public or common use.

18.26.120 Lot Coverage.

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

18.26.130 Required Setbacks
A. Front, side, and rear yard setbacks shall be a minimum of six (6) feet.

B. Setbacks from property lines located adjacent to private alley ways that provide access to private garages shall be a minimum of three (3) feet.

C. Buildings with frontage on Decoto Road or Alvarado-Niles Road shall a minimum setback of twenty (20) feet from these frontages. The setback can be reduced to a minimum of ten (10) feet for up to ten percent (10%) of the building frontage to accommodate variations in building design subject to site development review.

18.26.140 Height of Structures
The maximum height of buildings shall be one hundred (100) feet. Rooftop amenities may be permitted, including, but not limited to, community rooms and kitchens, recreational facilities, and greenhouses provided they do not exceed twenty (20) feet in height.

18.26.150 Design Criteria
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A. Architectural standards. Buildings shall be designed with a contemporary or “Modern” vocabulary, using varied geometric volumes and a variety of high-quality materials (e.g. metal and glass). The following shall apply to any new buildings, additions to buildings which increase existing square footage by 50 percent or more, or modifications to existing buildings which modify the exterior of the building:

1. All street-facing façades must include at least one horizontal or vertical projection or recess at least four feet in depth, or two projections or recesses at least two and onehalf (2 ½) feet in depth, for every fifty (50) horizontal feet of wall. The articulated elements must be greater than one story in height and may be grouped rather than evenly spaced in fifty (50) foot modules.

2. Lower and upper stories shall be separated by horizontal detailing such as an awning, overhang, cornice line, or belt course. Separation may occur either above the ground floor or second floor.

3. All street-facing façades must include vertical projections or recesses such as pilasters, porches, decks, bay windows, entry recesses, and other details that provide architectural articulation and design interest.

4. Window designs shall differentiate the various components of the building (e.g., ground floor retail spaces, stair towers, corners, or residential units).

5. Façade elements must establish building scale and pattern, using architectural techniques such as clustering or aligning windows and doors to form a regular pattern. Horizontal building elements should be roughly aligned (within three (3) feet of height) with others in the same block.

6. The design of townhomes shall be articulated such that individual units are differentiated from each other. Each unit shall maintain separate, identifiable roof forms, massing, fenestration, and street-facing doorways.

7. Ground floor residential units shall provide finish floor elevations of between eighteen (18) to forty-two (42) inches above the adjoining sidewalk.

8. Buildings shall not include blank walls which exceed twenty (20) feet.

B. Exterior materials. Exterior building materials shall be chosen based on character, durability, ease of maintenance and context, and may include:

1. Steel—Porcelain enamel panels, steel windows, steel exterior doors, steel rails and fences, painted, stainless or pre-weathered steel are acceptable

2. Aluminum—Windows, panels (luco-bond and aluminum plate), storefront, curtain wall, doors; aluminum should be natural finish anodized, powder-coated or kynar (no bronze anodized)

3. Other Metal

4. Glass—Clear, low-e, nonreflective, solar-bronze or solar gray glass, shadow boxes and spandrel glass is permitted

5. Brick, natural clay colors;

6. Stone

7. Pre-cast concrete, glass-fiber reinforced concrete

8. High-quality, cast-in-place concrete

9. Ceramic tile

10. Cement plaster
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11. Wood.

C. Equipment screening. Mechanical/utility equipment shall be sited and screened in accordance with the following:

1. In instances where mechanical equipment cannot be located within the building due to building code or utility provider requirements, it shall be adequately screened from off-site view and located at the rear of the site in an enclosure with walls matching the material and color of the building. The enclosure shall include gates or heavy gauge corrugated steel and shall be surrounded by trees, shrubs and climbing vines;

2. In instances where utility equipment cannot be located within the building or undergrounded due to building code or utility provider requirements, it shall be screened by locating at the rear of the site in an enclosure with walls matching the material and color of the building. The enclosure shall include gates or heavy gauge corrugated steel and shall be surrounded by trees, shrubs and climbing vines.

Alternate locations may be considered to meet utility provider requirements; and

3. In instances where mechanical equipment is located on the building roof, roof top screening shall be provided, which is integrated into the building architecture.

D. Bicycle and pedestrian facilities. Projects that include development of a vacant site or substantial modification of a developed site shall accommodate bicycle and pedestrian facilities / access including:

1. Provisions for safe, well-lit and visually attractive pedestrian access from public streets to the parking areas and building entries;

2. Pedestrian pathways between buildings and parcels;

3. Public pedestrian and bicycle connections to the Station District’s existing and proposed bicycle and pedestrian network;

4. Publicly accessible pedestrian amenities which may include plazas, pocket parks, seating areas, fountains, public art, and/or eating areas;

5. Orientation of outdoor public spaces towards activated ground-floor building frontages; and

6. Inclusion of bicycle paths and bicycle parking facilities consistent with the Bicycle and Pedestrian Master Plan and designed and installed in conformance with the design criteria outlined in Section 18.28.080.

E. Ground floor commercial uses. The design of ground floor commercial uses shall comply with the following:

1. Minimum depth of commercial space is thirty-five (35) feet and minimum height is twenty (20) feet floor to floor; and

2. A minimum of 25 percent of the ground floor commercial area shall be designed to accommodate a restaurant use; and

3. Between two and one-half (2 ½) feet and seven (7) feet above grade, ground floor transparency (i.e., amount of glazing) shall be forty percent (40%) for grocery stores and fifty percent (50%) for all other commercial uses; and

4. Ground floor façades shall be designed to give identity to each retail and service establishment, through recesses, enhanced materials, signage and architectural features that are integral components of the building; and City Council/RSA Agenda 40 Tuesday, November 8, 2022
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6. The design of ground floor commercial uses shall promote indoor/outdoor connections by providing some or all of the following:
a. Sliding or removable windows/doors;
b. Low planters with wide seat walls;
c. Recessed entrances and porticos that increase the indoor/outdoor quality or allow for increased outdoor seating or display;
d. Awnings and canopies that may encroach into the public right-of-way subject to approval of an encroachment permit by the Public Works Department; and e. Visually transparent storefronts with clear glass windows and doors that are not blocked by storage, racks or shelving placed against glass.

18.26.160 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.

18.26.170 Residential open space.

All residential development 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.

18.26.180 Signs, marquees, awnings.

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18.26.190 Off -street parking.

A. Off-street automobile parking shall be provided consistent with the following standards.

Vehicular Parking
Requirements
Minimum Off-Street Parking
Requirements
Maximum Off-Street
Parking Allowed
Residential
Studio 0.75 space / dwelling unit 1.25 spaces / dwelling unit 1 Bedroom 1.0 space / dwelling unit 2.0 spaces / dwelling unit 2 Bedroom 1.25 spaces / dwelling unit 2.0 spaces / dwelling unit 3+ Bedroom 1.5 spaces / dwelling unit 2.5 spaces / dwelling unit Affordable Housing

0.5 space / bedroom 2.0 spaces / dwelling unit
Nonresidential
Retail 1.0 space / 300 square feet 1.0 space / 200 square feet Office 1.0 space / 300 square feet 1.0 space / 250 square feet Other Uses See Section 18.36.050 See Section 18.36.050
Notes:
1 Tandem parking spaces can be substituted for regular parking spaces up to 10% of the required parking demand.

2. Consistent with Government Code section 65863.2, automobile parking requirements may be waived for a residential, commercial, or other development project if the project is located within one-half mile of public transit, which includes a rail or bus rapid transit station, the intersection of two or more bus routes with service intervals of 15 minutes or less during morning and afternoon commute periods, and any major transit stops included in the applicable regional transportation plan.

B. A minimum of one (1) motorcycle parking stall that is enclosed and weather-protected shall be provided for every twenty-five (25) units.

C. Joint use of parking spaces may be allowed subject to the limitations and conditions included in Section 18.36.160.

D. Parking Structures.

1. Parking structure facades shall be designed as compatible visual extensions of the primary buildings.

2. Auto entries shall be located in a manner that minimizes pedestrian/auto conflicts.

3. Decorative screening or other decorative element constructed of durable, high-quality materials shall be provided on parking structure facade.

18.26.200 Bicycle Parking.

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A. Bicycle parking facilities shall be provided, at a minimum, in an amount equal to:

Bicycle Parking
Requirements
Short-Term Bicycle
Parking Requirements
Long-Term Bicycle
Parking Requirements
Residential with private
garage for each unit

1.0 space / 20 dwelling units.

Minimum of 2 spaces.

None
All other residential 1.0 space / 20 dwelling units.

Minimum of 2 spaces.

1.0 space / 4 dwelling units.

Minimum of 2 spaces.

Retail 1.0 space / 3,000 square feet 1.0 space / 10,000 square feet Office, R&D, and Other
Nonresidential uses

1.0 spaces / 8,000 square feet
Minimum of 2 spaces

1.0 space / 4,000 square feet
B. Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080.

C. Bicycle parking may be substituted for automobile parking subject to the provisions outlined in Section 18.28.100 and approval by the decision makers.

18.26.210 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 rightof-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). 18.26.220 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.

CHAPTER 18.30 SIGN REGULATIONS

18.30.080 District regulations.

The placement and display of any signs in any district is subject to the limitations and conditions set forth in this section.

A. Commercial District Regulations. Signs permitted in commercial zoning districts must comply with the limitations and conditions set forth as follows:

1. Applicability. These regulations apply to all commercial (C) zoning districts, as defined in Chapter 18.12, including the following:

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CSMU—Station Mixed Use Commercial
CPA—Professional and Administrative Commercial
CN—Neighborhood Commercial
CC—Community Commercial
CVR—Visitor and Recreation Commercial
CUL—Union Landing Commercial
CMU-Corridor Mixed Use
MMU-Marketplace Mixed Use
SEMU-R-Station East Mixed Use Residential
VMU-Village Mixed Use
SEE- Station East Employment

2. Permitted Sign Area.
a. Building Signs. Maximum permitted sign area is subject to review and approval by the Director and shall not exceed the following:

Sign Setback from Public Right-of-Way
Permitted Sign Area per Lineal Foot of Building
or Tenant Footage
0—50 feet 1.00
51—130 feet 1.25
131—250 feet 1.45
251+ feet 1.80
b. Freestanding Signs. Freestanding signs may be permitted a maximum sign area of sixty-four (64) square feet and a maximum sign height of six (6) feet. Each freestanding sign may provide sign area for a maximum of two (2) businesses/building tenants; any freestanding sign providing sign area for more than two (2) businesses/building tenants is considered a multiple tenant freestanding sign and is prohibited unless a use permit is granted for a planned sign program per Section 18.30.100(E). Freestanding signs may integrate on site real estate information including contact name, number and/or available square footage into sign copy, subject to Economic and Community Development Department review and approval.

Freestanding signs are required to provide a contrasting background that is visible from the City Council/RSA Agenda 44 Tuesday, November 8, 2022
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street. Freestanding signs shall provide the street address(es) of the building(s) and/or site at which they are located.

3. Number Permitted.
a. Building Signs. A maximum of one (1) sign per street frontage per tenant may be permitted. Tenant spaces with more than one (1) primary public entrance may be permitted a second building sign to identify that entrance if the second entrance is either more than two hundred
(200) feet from the primary entrance or if it is located on a different building elevation than the primary entrance.
b. Freestanding Signs. One (1) freestanding sign may be permitted per street frontage per parcel. However, if street frontage length exceeds four hundred (400) feet, then two (2) freestanding signs may be permitted on that frontage.

4. Accessory Signs. A maximum additional sign area not to exceed twenty percent (20%) of the total permitted building sign area may be permitted for accessory signs.

5. Outdoor Uses. For establishments with operations conducted primarily outdoors, a maximum total sign area equal to 0.5 square feet per lineal foot of street frontage may be allowed, provided that the total sign area on the premises does not exceed one hundred twenty (120) square feet.

B. Industrial District Regulations. Signs permitted in industrial zoning districts must comply with the limitations and conditions set forth as follows:

1. Applicability. These regulations apply to all industrial zoning districts, as defined in Chapter 18.12, including the following:

MS—Special Industrial
ML—Light Industrial
MG—General Industrial

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b. Freestanding Signs. In the industrial zoning districts, a maximum sign area of sixty-four (64) square feet will be permitted for each freestanding sign. No freestanding sign shall exceed a maximum sign height of six (6) feet; each freestanding sign may provide sign area for a maximum of two (2) businesses/building tenants; any freestanding sign providing sign area for more than two (2) businesses/building tenants is considered a multiple tenant freestanding sign and is prohibited unless a use permit is granted for a planned sign program per Section 18.30.100(E). Freestanding signs may integrate on site real estate information including contact name, number and/or available square footage into sign copy, subject to Economic and Community Development Department review and approval. Freestanding signs are required to provide a contrasting background that is visible from the street. Freestanding signs shall provide the street address(es) of the building(s) and/or site at which they are located.

3. Number Permitted.
a. Building Signs. A maximum of one (1) building sign per street frontage per tenant may be permitted. Tenant spaces with more than one (1) primary entrance may be permitted a second building sign to identify that entrance if the second entrance is either more than two hundred (200) feet from the primary entrance or if it is located on a different building elevation than the primary entrance. No off-site signage shall be permitted. b. Freestanding Signs. One (1) freestanding sign may be permitted per street frontage per parcel. However, if street frontage length exceeds four hundred (400) feet, then two (2) freestanding signs may be permitted on that frontage. No off-site signage shall be permitted.

4. Accessory Signs. A maximum additional sign area not to exceed twenty percent (20%) of the total permitted building sign area may be permitted for accessory signs.

5. Outdoor Uses. For establishments with operations conducted primarily outdoors, a maximum total sign area equal to 0.5 feet per lineal foot of street frontage may be allowed provided that the total sign area on the premises does not exceed one hundred twenty (120) square feet.

C. Residential District Regulations. Signs permitted in residential zoning districts must comply with the limitations and conditions set forth as follows:

1. Applicability. These regulations apply to all residential (R) zoning districts as defined in Chapter 18.12, including the following:

R and RS—Single-family residential
RM—Multifamily residential
511—Specific Plan Area residential

2. Display Limitations. Limitations and conditions for residential signs are as follows:

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a. Residential Project Identification Signs. Residential projects may be permitted a maximum sign area of thirty (30) square feet per street frontage. Such signs may be wallmounted or freestanding. In no case shall freestanding signs exceed six (6) feet in height. Signs may be indirectly illuminated or naturally illuminated. Only the name and address of the project may be included in the sign copy.
b. Nonresidential Uses. All nonresidential uses in residential districts, including conditionally permitted uses, shall be subject to the sign regulations of the zoning district deemed most similar in nature to the proposed use. Such determination shall be made by the Director upon review of a sign plan in accordance with the procedures of Section 18.30.100. c. Home Occupation Signs. Home occupation signs advertising an approved home occupation conducted on the premises shall be exempt from the review procedures of Section 18.30.100, provided that such signs shall be naturally illuminated, shall not exceed one and one-half (1½) square feet in area, and shall be located flat against the wall or window of the dwelling.

D. Other Zoning District Regulations.

1. Applicability. Signs permitted in all other zoning districts not specifically listed in subsections A, B and C of this section shall be subject to the sign regulations of the zoning district deemed most similar in nature to the proposed use. Such determination shall be made by the Director upon review of a sign plan in accordance with the procedures of Section 18.30.100.

CHAPTER 18.37 STATION EAST MIXED USE RESIDENTIAL (SEMU-R) DISTRICT

18.37.020 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 building or incorporated into the ground floor as part of a residential mixed use development including:

1. Art studios;

2. Banks/savings and loans (excluding check cashing services);

3. Business services;
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4. Civic facilities;

5. Fitness studios with an occupant load of less than fifty (50) under the Uniform Building Code;

6. Florists;

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

7. Food stores, up to twenty-five thousand (25,000) square feet, excluding convenience markets;

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

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

10. Office uses;

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

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

13. 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. Residential uses with activated ground floor commercial uses including, but not limited to, residential amenity space, leasing office, lobby, business center, and live/work units subject to the provisions of Section 18.38.032 along primary frontages E. Home occupations subject to the conditions listed in Section 18.32.020 (G).

18.37.030 Conditional uses.

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

1. Outdoor activities located in private and public plazas

2. Outdoor displays in conjunction with an existing adjacent business;; City Council/RSA Agenda 48 Tuesday, November 8, 2022
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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. 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. Massage uses.

2. Wine bars.

C. All other uses determined by the Planning Commission 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.

18.37.040 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.

18.37.050 Performance standards.

A. Retail, service, public, or office uses shall be provided along the ground floor of buildings in the areas detailed in the Station District Specific Plan Figure 4-6. Within residential developments, the decision maker may approve, at its discretion, partial or complete substitution of live/work units and residential amenity space for the required ground floor active uses if the project can demonstrate a community benefit. Live/work units shall comply with Section

18.38.032.

B. 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 or otherwise listed in Section 18.37.020 and 18.37.030. 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 Economic and Community Development Director or decision maker.

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C. 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.

D. 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 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.

E. 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.

F. Any residential building that includes more than two hundred fifty (250) units shall provide a shared co-working space area measuring a minimum of three hundred (300) square feet.

18.37.060 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.

18.37.070 Minimum site area.

A minimum site area of not less than three thousand five hundred (3,500) square feet shall be required.

18.37.080 Density / Site area per dwelling unit.

A minimum of twenty-five (25) units per acre and a maximum of one hundred (100) units per acre is permitted, with an average of no less than fifty (50) units per acre being maintained within the district. The minimum site area per dwelling unit shall be four hundred thirty-five (435) square feet.

18.37.090 Floor area ratio.

The allowed floor area ratio (FAR) range is between 0.40 and 3.0.

18.37.100 Minimum lot dimension.

Newly created lots shall have a minimum lot dimension of at least thirty-five (35) feet and one hundred (100) feet. Exceptions may be granted by the decision maker through the Site City Council/RSA Agenda 50 Tuesday, November 8, 2022
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development review process if it results in a more usable lot configuration or to accommodate lots created for public or common use.

18.37.110 Lot coverage.

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

18.37.120 Required Setbacks.

A. Front, side, and rear yard setbacks shall be a minimum of six (6) feet.

B. Setbacks from property lines located adjacent to private alley ways that provide access to private garages shall be a minimum of three (3) feet.

C. Buildings located along Decoto Road or 7th Street shall be setback a minimum twenty (20) feet from these frontages. The setback can be reduced to a minimum of ten (10) feet for up to ten percent (10%) of the building frontage to accommodate variations in building design subject to site development review approval.

18.37.130 Height of structures.

The maximum height of buildings shall be one hundred (100) feet. Rooftop amenities may be permitted, including, but not limited to, community rooms and kitchens, recreational facilities, and greenhouses provided they do not exceed twenty (20) feet in height.

18.37.140 Design criteria.

2. Lower and upper stories shall be separated by horizontal detailing such as an awning, overhang, cornice line, or belt course. Separation may occur either above the ground floor or second floor.

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4. Window designs shall differentiate the various components of the building (e.g., ground floor retail spaces, stair towers, corners, or residential units).

5. Façade elements must establish building scale and pattern, using architectural techniques such as clustering or aligning windows and doors to form a regular pattern.

Horizontal building elements should be roughly aligned (within three (3) feet of height) with others in the same block.

7. Ground floor residential units shall provide finish floor elevations of between eighteen (18) to forty-two (42) inches above the adjoining sidewalk.

8. Buildings shall not include blank walls which exceed twenty (20) feet.

9. For the portions of the buildings that face onto the Grand Paseo and have a length longer than ninety (90) feet and where the Grand Paseo is less than forty (40) feet in width, the building massing shall reduce to create architectural relief and interest. This can be ensured, in part, by calculating the surface area of the first floor plane of any building façade that faces the paseo (length of the first floor of the building X height of that floor = surface area). The second floor paseo- facing area shall be no more than ninety-five percent (95%) of the first floor area. The third floor paseo-facing area shall be no more than eighty-five percent (85%) of the first floor area and the fourth floor no more than seventy-five (75%) of the first floor area.

B. Exterior materials. Exterior building materials shall be chosen based on character, durability, ease of maintenance and context, and may include:

1. Steel—Porcelain enamel panels, steel windows, steel exterior doors, steel rails and fences, painted, stainless or pre-weathered steel are acceptable;

2. Aluminum—Windows, panels (luco-bond and aluminum plate), storefront, curtain wall, doors; aluminum should be natural finish anodized, powder-coated or kynar (no bronze anodized);

3. Other Metal;

4. Glass—Clear, low-e, nonreflective, solar-bronze or solar gray glass, shadow boxes and spandrel glass is permitted;

5. Brick, natural clay colors;

6. Stone;

7. Pre-cast concrete, glass-fiber reinforced concrete;

8. High-quality, cast-in-place concrete;

9. Ceramic tile;

10. Cement plaster; and

11. Wood.

C. Equipment screening. Mechanical/utility equipment shall be sited and screened in accordance with the following:

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3. In instances where mechanical equipment is located on the building roof, roof top screening shall be provided, which is integrated into the building architecture.

1. Provisions for safe, well-lit and visually attractive pedestrian access from public streets to the parking areas and building entries;

2. Pedestrian pathways between buildings and parcels;

3. Public pedestrian and bicycle connections to the Station District’s existing and proposed bicycle and pedestrian network;

4. Publicly accessible pedestrian amenities which may include plazas, pocket parks, seating areas, fountains, public art, and/or eating areas;

5. Orientation of outdoor public spaces towards activated ground-floor building frontages; and

E. Ground floor commercial uses. The design of ground floor commercial uses shall comply with the following:

1. Minimum depth of commercial space is thirty-five (35) feet and minimum height is twenty (20) feet floor to floor; and

2. A minimum of 25 percent of the ground floor commercial area shall be designed to accommodate a restaurant use; and

5. The maximum distance of blank wall (a façade without doors, windows, landscaping treatments, or other pedestrian interest) on the ground level of any building facing a street, open space, or paseo shall not exceed 20 feet in length; and City Council/RSA Agenda 53 Tuesday, November 8, 2022
Station District Zoning Update - AT-22-005
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6. The design of ground floor commercial uses shall promote indoor/outdoor connections by providing some or all of the following:
a. Sliding or removable windows/doors;
b. Low planters with wide seat walls;
c. Recessed entrances and porticos that increase the indoor/outdoor quality or allow for increased outdoor seating or display;
d. Awnings and canopies that may encroach into the public right-of-way subject to approval of an encroachment permit by the Public Works Department; and
e. Visually transparent storefronts with clear glass windows and doors that are not blocked by storage, racks or shelving placed against glass.

18.37.150 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.

18.37.160 Residential open space.

18.37.170 Signs, marquees, awnings.

18.37.180 Off-street parking.

Parking shall be required subject to the following:

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Exhibit A – October 6, 2022

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Vehicular Parking Requirements
Minimum Off-Street
Parking
Requirements
Maximum Off-Street
Parking Allowed

1. Multifamily Residential – High Density 1 (Between 30.1 du/ac – 100 du/ac) Studio 1.0 space / dwelling
unit

1.5 spaces / dwelling unit
1 Bedroom 1.0 space / dwelling
unit

2.0 spaces / dwelling unit
2 Bedrooms 1.5 spaces / dwelling
unit

2.0 spaces / dwelling unit
3+ Bedrooms 2.0 spaces / dwelling
unit

2.5 spaces / dwelling unit

2. Multifamily Residential – Low Density 1 (Up to 30 du/ac) Studio 1.0 space / dwelling
unit

1.0 space / dwelling unit
1 Bedroom 1.0 space / dwelling
unit

1.0 space / dwelling unit
2 Bedrooms 2.0 space / dwelling
unit

2.0 space / dwelling unit
3+ Bedrooms 2.0 space / dwelling
unit

2.0 space / dwelling unit

3. Affordable Housing

0.5 space / bedroom if
less than ½ mile from
major transit stop

0.75 space / bedroom if
more than ½ mile from
major transit stop

2.0 spaces / dwelling unit

4. Nonresidential
Commercial (includes Office and
Retail uses)

1.0 space / 250 square
feet

1.0 space / 200 square
feet
Notes:

1. Tandem parking spaces can be substituted for regular parking spaces up to 10% of the required parking demand.
2, Consistent with Government Code section 65863.2, automobile parking requirements may be waived for a residential, commercial, or other development project if the project is located within one-half mile of public transit, which includes a rail or bus rapid transit station, the intersection of two or more bus routes with service intervals of 15 minutes or less during morning and afternoon commute periods, and any major transit stops included in the applicable regional transportation plan.18.37.190 Bicycle parking.

City Council/RSA Agenda 55 Tuesday, November 8, 2022
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Exhibit A – October 6, 2022

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A. Bicycle parking facilities shall be provided, at a minimum, in an amount equal to:

Bicycle Parking
Requirements
Short-Term Bicycle
Parking Requirements
Long-Term Bicycle
Parking Requirements
All other residential 1.0 space / 20 dwelling units
Minimum of 2 spaces

1.0 space / 4 dwelling units
Minimum of 2 spaces
Retail 1.0 space / 3,000 square feet 1.0 space / 10,000 square feet Office, R&D, and Other
Nonresidential uses

1.0 space / 8,000 square feet
Minimum of 2 spaces

1.0 space / 4,000 square feet
B. Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080.

C. Bicycle parking may be substituted for automobile parking subject to the provisions outlined in Section 18.28.100 and approval by the decision makers.

18.37.200 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-ofway, and are subject to review and approval through the site development review process.

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

18.26.210 Laundry facilities.

Chapter 18.38 STATION MIXED USE COMMERCIAL (CSMU) DISTRICT

18.38.020 Permitted uses.

The following uses shall be permitted:

A. Accessory dwelling units consistent with Chapter 18.34.

B. Civic facilities.

C. Commercial uses incorporated into the ground floor as part of a residential or office mixed use development including:

City Council/RSA Agenda 56 Tuesday, November 8, 2022
Station District Zoning Update - AT-22-005
Exhibit A – October 6, 2022

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1. Art Studios;

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

3. Body art;

4. Business services, such as photocopying services and small printing shops, computer and data processing, graphic design, sign shops;

5. Civic facilities;

6. Fitness studios with an occupant load of less than fifty (50) under the Uniform Building Code;

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

8. Food stores, up to twenty-five thousand (25,000) square feet, excluding convenience markets;

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

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

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

12. Offices uses;

13. Outdoor dining areas subject to the provisions listed in Section 18.39.055; D. Home occupations subject to the conditions listed in Section 18.32.020 (G).

E. Office mixed use developments with ground floor commercial uses identified in Section

18.38.020 (C).

F. Residential mixed use developments with ground floor commercial uses identified in Section 18.38.020 (C).

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 findings required under Section 18.52.060 shall be addressed.

18.38.030 Conditional uses.

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

1. Adult and child day care facilities;

2. Educational and instructional uses, such as business, beauty, computer, dance, martial arts, tutorial services;

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

5. Outdoor activities located in private and public plazas;

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

7. All other uses 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 City Council (refer to Chapter 18.56 for a detailed description of the use permit process).

1. Bars and nightclubs.

2. Commercial recreation facilities.

3. Convenience markets.

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

5. Hotels

6. Live/work units in compliance with Section 18.38.032.

7. Massage uses located on the ground floor in mixed use developments. ;

8. Research and development (R and D)/flex space with no nuisance characteristics.

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Station District Zoning Update - AT-22-005
Exhibit A – October 6, 2022

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9. Transportation facilities, such as heliports and bus transfer facility or passenger rail facilities.

10. 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.

18.38.040 Performance standards.

A. Retail, service, public, or office uses shall be provided along the ground floor of buildings in the areas detailed in the Station District Specific Plan Figure 4-6. Within residential developments, the City Council may approve, in its discretion, partial or complete substitution of live/work units and residential amenity space for the required ground floor active uses. Live/work units shall comply with Section 18.38.032.

B. There shall be no greater than 15% net loss of total commercial space in any future redevelopment within the district, with a focus on retaining retail anchors such as grocery stores and drugstores.

1. Units may be used for: residential occupancy only; a combination of residential and work (nonresidential uses); or work only. The City strongly encourages commercial uses in the live/work units.

City Council/RSA Agenda 59 Tuesday, November 8, 2022
Station District Zoning Update - AT-22-005
Exhibit A – October 6, 2022

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2. The nonresidential uses shall not conflict with the development’s surrounding or adjacent residential uses and shall not be detrimental or harmful to the residential uses.

3. The units’ exteriors shall not be altered without review and approval by the City, other than for signage, which shall be governed by the development’s Sign Plan.

4. Units that are used for residential use, in whole or in part, shall at all times maintain a complete kitchen space, bathroom facilities, egress and ventilation in compliance with applicable building codes.

5. For units that are lofts, there shall remain at all times a visual and physical openness between the main floor and the loft area in compliance with applicable building codes.

6. The commercial component shall be restricted to the unit and shall not be conducted outside the unit, in the garage or any accessory structure, except as approved by the Zoning Administrator with an administrative use permit. Exterior storage is prohibited.

7. There shall be no excessive odors, noise, glare, vibration, or electrical interference detectable to the normal sensory perception of nearby neighbors. No explosive, toxic, combustible or flammable materials in excess of what would be allowed incidental to normal residential use shall be stored or used on the premises.

8. Access for the commercial component shall be: located on the ground level, oriented to the public street or public walkway.

9. All nonresidential uses, including home occupations, shall obtain a business license prior to operation, in compliance with Title 5 of the Union City Municipal Code.

10. Nonresidential uses in live/work units shall be subject to periodic inspections by the City’s fire, building, and health and safety personnel from 9:00 a.m. to 5:00 p.m. on all days except Saturdays, Sundays, and City holidays.

11. Maintenance standards or conditions, covenants and restrictions (CC&Rs) shall be prepared for any new development and shall be approved by the Economic and Community Development Department. Said maintenance standards or CC&Rs shall, at a minimum, provide for overall self-governance of common areas. Neither the maintenance standards nor the CC&Rs shall give approval or denial authority over the nonresidential uses in the live/work units.

18.38.050 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 review or 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.

City Council/RSA Agenda 60 Tuesday, November 8, 2022
Station District Zoning Update - AT-22-005
Exhibit A – October 6, 2022

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18.38.070 Density / Site area per dwelling unit.

A minimum of one hundred (100) units per acre and a maximum of one hundred sixty-five (165) units per acre is permitted. The minimum site area per dwelling unit shall be two hundred sixtyfour (264) square feet.

18.38.080 Site floor area ratio.

For all nonresidential uses, the minimum floor area ratio (FAR) shall be 1.0, however the FAR may be reduced to a minimum of 0.5 on previously developed sites that do not meet the minimum 1.0 FAR and where the previously developed sites are proposed for redevelopment at a higher FAR than the previous development, and the maximum shall be 4.2. However, no FAR minimum is required for nonresidential uses in live/work units and for nonresidential uses as part of a mixed use development.

18.38.150 Design criteria.

New development, to the maximum extent feasible, shall comply with the following design guidelines as illustrated in pages 70 through 74 of the Intermodal Station District and Transit Facility Plan.

A. General Design Standards for Buildings and Structures. General massing, architectural details, materials, fenestration, ground floor treatment and parking garages comply with the following guidelines:

1. Street Walls. Buildings along streets shall:
a. Be continuous along setback lines and are required at street corners to maintain an active urban character;
b. Allow variations in the building edge (including arcades and column articulations for entrances, mid-block pedestrian ways, interior courtyards, and other design considerations) as long as the appearance of a continuous built edge is maintained; c. Encourage minor street wall variations to add architectural interest and provide pedestrian amenities, such as seating and ATMs;
d. Include multiple pedestrian entrances for large buildings to increase street activity and interest;
e. Keep vehicle entrances and exits to a minimum and the scale minimized to maintain a pedestrian environment;
f. Have ground floor retail where feasible and maximize window coverage to provide flexible use as office or retail;
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g. Have ground floor retail/commercial space with at least a twelve (12) foot ceiling height and a forty (40) foot to fifty (50) foot minimum depth.

2. Exterior Material Palette Standards. Exterior materials shall be chosen based on character, durability, ease of maintenance and context, and shall include:
a. Brick, natural clay colors;
b. Stone;
c. Steel—Porcelain enamel panels, steel windows, steel exterior doors, steel rails and fences, painted, stainless or pre-weathered steel are acceptable; d. Aluminum—Windows, panels (luco-bond and aluminum plate), storefront, curtain wall, doors; aluminum should be natural finish anodized, powder-coated or kynar (no bronze anodized);
e. Glass—Clear, low-e, nonreflective, solar-bronze or solar gray glass, shadow boxes and spandrel glass is permitted;
f. Pre-cast concrete, glass-fiber reinforced concrete;
g. High-quality, cast-in-place concrete;
h. Ceramic tile;
i. Cement plaster; and
j. Wood.

3. Fenestration Standards. Windows and doors on buildings shall be used to help define building character. By establishing the fenestration patterns, the shape, scale, proportion, rhythm, groupings, relationships to plan, and exterior wall planes should all be taken into consideration along with adjacent buildings, structures and open spaces.

4. Ground Floor Treatments Standards. The ground floor on buildings shall:
a. Be designed so that the building imparts a sense of human activity, habitation, and interest to the street;
b. Not result in blank, undifferentiated street-level façades; c. Incorporate building lighting along public sidewalks and other pedestrian walkways that reflect the design of the overall building and provide a safe environment.

City Council/RSA Agenda 62 Tuesday, November 8, 2022
Station District Zoning Update - AT-22-005
Exhibit A – October 6, 2022

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5. Projections/Signage Standards.
a. Projections and signs may project over the sidewalk to indicate and demarcate shop fronts and increase pedestrian interest, subject to approvals of an encroachment permit by the Public Works Department and a Sign Plan per Chapter 18.30. b. No commercial billboards, “A” frame signs, and excessive banners are permitted per Chapter 18.30 of this title.

6. Garage Podiums Standards. Garage podiums shall:
a. Not include blank walls at the pedestrian level;
b. Be screened with retail uses, building lobbies, residential entries, or other habitable uses, or landscaping;
c. Be treated as a design feature to be seen from eye level and above with open space uses as the preferred design alternative;
d. Be engineered and designed with structure adequate to support “garden-like” plantings, mature trees, shrubs, perennial borders, ground cover, and paving materials balancing planted and paved surfaces;
e. Be activated with common lobbies and/or individual entries to garden apartments and townhouses;
f. Clearly demarcate differences between common and private open space at the podium level;
g. Have direct access from grade to the podium level that is integrated with the street and open space network, such as access from the pedestrian alleys.

7. Parking Design Standards. Parking:
a. Is required to be structured, unless it is on-street curbside parking; b. Lots are not allowed after the initial phases of development; c. On the ground floor, should be screened from the sidewalk by street-oriented uses, such as housing units with street access, retail uses, building entrances, lobbies and foyers, community facilities, or landscape elements;
d. Entrances and exits for vehicles should be kept to a minimum in scale and number; City Council/RSA Agenda 63 Tuesday, November 8, 2022
Station District Zoning Update - AT-22-005
Exhibit A – October 6, 2022

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e. Entrances and exits shall be discouraged on Eleventh Street, Union Square, and Railroad Avenue, and prohibited on Decoto Road;
f. Entrances and exits shall be encouraged on side streets where side street access is available.

B. Specific Design Standards for Buildings and Structures. Specific design standards for office and research and development, residential, ground floor service commercial, and parking garages follows:

1. Office/Commercial/Research and Development (R and D) Uses. a. Ground Floor Treatments Standards. Ground floor treatment for office and research and development buildings shall:
i. Have building entrances, lobbies and accessory public uses oriented to the nearest public space or street;
ii. Have buildings fronting multiple streets to provide multiple public entrances;
iii. Have buildings that abut a pedestrian alley provide an entrance facing that alley;
iv. Include windows where office or other private uses are at the street level that provide visual transparency and a sense of interior activity to enliven the street.
b. Service/Loading Entries Standards. Service entries shall:
i. Be located on the side streets and positioned to minimize noise impacts on adjacent residential units and public open space, and to minimize pedestrian/vehicle conflicts and traffic congestion; ii. Have loading dock dimensions limited to minimum functional requirements;
iii. Have loading docks loaded on the interior of the buildings to limit their visibility from the street.

2. Residential Uses.
a. Residential Uses Overall Design Standards. Residential development shall:

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i. Be designed with the safety and security of children in mind, without creating a “gated community” effect;
ii. Incorporate amenities such as play areas and other open spaces within the development;
iii. Not include sound walls and security fences that isolate or impede pedestrian access to residential development;
iv. Encourage balconies on above ground units where possible. b. Ground Floor Treatments Standards. Ground floors of residential development shall:
i. Include multiple entries at the street level to create fine-grained, pedestrian-oriented streets;
ii. Include residential units with individual entrances fronting the street;
iii. Promote a pedestrian-friendly environment through the use of design features such as stairs, stoops, porches, doors and landscaping. c. Parking Standards. Parking for residential development should promote a pleasant pedestrian experience by:
i. Limiting multiple individual garage entrances;
ii. Interspersing garage entries with “active uses” such as housing entries or occupied space;
iii. Screening parking from the street.

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interest, subject to administrative use permit approval as identified in the café standards located in Section 18.36.190;
iv. Low planters with wide seat walls;
v. Recessed entrances and porticos that increase the indoor/outdoor quality or allow for increased outdoor seating or display; vi. Awnings and canopies that may encroach into the public right-ofway subject to approval of an encroachment permit by the Public Works Department;
vii. Visually transparent storefronts with clear glass windows and doors that are not blocked by storage, racks or shelving against glass; viii. An entrance on the alley when buildings abut a pedestrian alley. b. General Parking Garage Standards. Parking garage design shall:
i. Be clean, well lit, and designed for the safety and security of patrons, while avoiding excessive light spill into adjacent residential areas; ii. Complement adjacent land uses.
c. Street Wall Standards. Parking street wall design shall:
i. Have a seven (7) foot minimum setback for landscape elements that screen the ground floor of parking on streets that do not have retail frontages (except on Eleventh Street where a setback is not allowed at street corners);
ii. Complement the façades of adjacent uses.
d. Ground Floor Treatments Standards. Ground floor treatments shall:
i. Emphasize the use of retail and/or commercial space at the street level to maximize window coverage;
ii. Include retail frontages along Eleventh Street, the public plaza, and facing the Intermodal Transit Facility where commercial space should have at least a ten (10) foot ceiling height and a forty (40) foot to fifty (50) foot depth;
iii. Be screened with architectural and/or landscape elements in locations where there is no ground floor commercial use.

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Exhibit A – October 6, 2022

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18.38.190 Off-street parking.

A. Off-street automobile parking shall be provided consistent with the following standards.

Vehicular Parking
Requirements
Minimum Off-Street Parking
Requirements
Maximum Off-Street
Parking Allowed
Residential
Multi-family
development on
BART Property
None .5 space / dwelling unit
Affordable Housing
(Outside of BART
Property)
.5 space /bedroom 1.0 space /dwelling unit
Multi-family
development (Outside
of BART property)

1.0 space / dwelling unit 1.0 space / dwelling unit
Non-residential
Office uses on BART
Property
None 1.0 space / 650 sq. ft.

Office uses (Outside
of BART Property)

1.0 space /300 square feet 1.0 space /250 sq. ft.

R&D uses 1.0 space /400 square feet 1.0 space /250 sq. ft.

Retail Uses 1.0 spaces / 300 square feet 1.0 spaces / 200 square feet Other Uses See Section 18.36.050 See Section 18.36.050
Notes:

1. Parking standards on BART property authorized by Public Utilities Code Sections 29010.1 - 29010.12.

2. Tandem parking spaces can be substituted for regular parking spaces in residential developments up to 10% of the required parking demand.

3. Consistent with Government Code section 65863.2, automobile parking requirements may be waived for a residential, commercial, or other development project if the project is located within one-half mile of public transit, which includes a rail or bus rapid transit station, the intersection of two or more bus routes with service intervals of 15 minutes or less during morning and afternoon commute periods, and any major transit stops included in the applicable regional transportation plan.

B. A minimum of one (1) motorcycle parking stall that is enclosed and weather-protected shall be provided for every twenty-five (25) units.

C. For retail uses on the ground floor as part of a mixed-use development, no additional automobile parking is required.

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Exhibit A – October 6, 2022

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18.38.200 Bicycle Parking.

A. Bicycle parking facilities shall be provided, at a minimum, in an amount equal to:

Bicycle Parking
Requirements
Short-Term Bicycle
Parking Requirements
Long-Term Bicycle
Parking Requirements
Multi-family residential
on BART property1
1 space/20 dwelling units
Minimum of 2 spaces
1 space/1 dwelling units
Multi-family residential 1.0 space / 20 dwelling units
Minimum of 2 spaces

1.0 space / 4 dwelling units
Minimum of 2 spaces
Retail 1.0 space / 3,000 square feet 1.0 space / 10,000 square feet Office, R&D, and Other
Nonresidential uses

1.0 space / 8,000 square feet
Minimum of 2 spaces

2.0 space / 4,000 square feet

1. Bicycle parking standards on BART property authorized by Public Utilities Code Sections 29010.1 - 29010.12.

B. Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080.

C. Bicycle parking may be substituted for automobile parking subject to the provisions outlined in Section 18.28.100 and approval by the decision maker.

18.38.180 Signs, marquees, awnings.

18.38.200 In-lieu parking fees.

Where a public parking fund exists for the purpose of developing public parking, applicants may make an in-lieu payment for construction, maintenance and operation of public off-street parking instead of providing off-street parking spaces as required by this chapter subject to approval by the decision maker and issuance of a use permit pursuant to Chapter 18.56. The fee shall be pursuant to resolution of the City Council. In-lieu payments under this section shall be used for the purposes set forth in the ordinance establishing public parking funds

18.38.210 Loading.

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

CHAPTER 18.40 INDUSTRIAL DISTRICTS

18.40.450 Use table for on-site storage of hazardous materials.

Where indicated with the letters “AUP,” the use requires an administrative use permit. The administrative use permit procedure is described in Chapter 18.54. Where indicated with the letters “UP,” the use requires a use permit. The use permit procedure is described in Chapter 18.56. Where indicated with a “P,” the use is permitted. Where indicated with a dash (–), the use is not allowed.

Zoning Districts
Type of Facility MG ML MS SEE
Group A chemicals and materials*: Class 3 and 4 oxidizers, compressed gases (corrosive, highly toxic, toxic, pyrophoric, unstable), cryogens (highly toxic, toxic, corrosive, pyrophoric, unstable), explosives and blasting agents, highly toxic materials, organic peroxides (unclassified, Class I and Class II), pyrophoric materials, radioactive materials (gamma emitters), unstable/reactives (Class 3 and Class 4), water reactive materials (Class 3) Bulk Plant - - - -
Bulk Distribution - - - -
Large User Site UP UP UP UP
Large Storage Plant UP UP UP UP
Medium User Site UP UP UP UP
Medium Storage Plant UP UP UP UP
Small User Site AUP AUP AUP AUP
Small Storage Plant AUP AUP AUP AUP
Zoning Districts
Type of Facility MG ML MS SEE
Group B chemicals and materials*: Compressed gases (flammable and oxidizing), corrosive liquids and solids, cryogens (flammable and oxidizing), flammable liquids, flammable solids, organic peroxide materials (Class III, Class IV, Class V), oxidizing materials (Class 1 and Class 2), radioactive materials (alpha and beta emitters), target organ toxins, toxic materials, unstable/reactive materials (Class 1 and Class 2), water reactive materials (Class 1 and Class 2) City Council/RSA Agenda 69 Tuesday, November 8, 2022
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Zoning Districts
Type of Facility MG ML MS SEE
Bulk Plant - - - -
Bulk Distribution - - - -
Large User Site UP UP UP UP
Large Storage Plant UP UP UP UP
Medium User Site P P AUP AUP
Medium Storage Plant P P AUP AUP
Small User Site P P P P
Small Storage Plant P P P P
Group C chemicals and materials*: combustible liquids and solids, compressed gases (inerts), cryogens (inerts), irritant materials, sensitizer materials, other health hazard materials Bulk Plant - - - -
Bulk Distribution UP - - -
Large User Site UP UP UP UP
Large Storage Plant UP UP UP UP
Medium User Site P P P P
Medium Storage Plant P P P P
Small User Site P P P P
Small Storage Plant P P P P
* All chemical and materials types listed above are included for reference purposes only. Final determination of hazard classification will be made by the Environmental Programs Division.

A. Table Notes.

1. Hazardous materials belonging to more than one (1) group or hazardous classification are subject to the regulations of the more stringent group or category.

2. Above-ground storage tanks for the storage of hazardous materials utilized in the dayto-day operations of a permitted or conditional use within an Industrial zoning district shall require Administrative Site Development Review if visible from the public way. All aboveground storage tanks shall be adequately screened from off site.

3. When a use permit or administrative use permit is required, in addition to the findings required under Chapter 18.56 or 18.54, respectively, the decision maker shall consider the recommendation of the Fire Department and the Environmental Programs Division based upon an evaluation of current codes, ordinances and referenced standards in conjunction with the following information: an inventory of all hazardous materials to be used or stored on site, a materials safety sheet (MSS) for each of the hazardous materials to be used on site, a list of equipment which utilizes or contains hazardous materials, information on the City Council/RSA Agenda 70 Tuesday, November 8, 2022
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building construction type and information on the proposed method of handling and disposal of hazardous materials, as well as any mitigation features designed to reduce the level of risk posed by the hazardous materials.

4. Nano particles and bio-fuel blends shall be classified as hazardous materials. Hazard class grouping and permissibility of these materials shall be determined by the Zoning Administrator, in consultation with the Fire Department and Environmental Programs Division, based on available information.

5. The following exemptions from the requirements of this article shall apply:
a. Storage, use or handling of the following gases in any quantities, whether in a gaseous, liquefied or cryogenic physical state: air (non-enriched), argon, helium, krypton, neon, nitrogen, and xenon. This exemption does not apply to bulk plants or bulk distribution plants.
b. Storage, use or handling of hazardous materials in quantities less than fifty-five (55) gallons, five hundred (500) pounds, and two hundred (200) cubic feet, for liquids, solids and gases respectively. This exemption does not apply to acutely hazardous materials and extremely hazardous substances, as defined in the Code of Federal Regulations and the California Health and Safety Code, which may require a CUPA permit from the Environmental Programs Division or preparation of a Risk Management Plan.
c. Radioactive materials that are licensed, sealed sources, used for instruments, calibration devices and similar equipment, and materials exempted from regulation by the United States Nuclear Regulatory Commission.
d. On-site retail sales of common household hazardous materials in containers sized and packaged for use by the general public.

6. Ammonia refrigeration systems are subject to the provisions of this article.

B. Table Qualifiers. In addition to the regulations set forth in this article, all storage and use of hazardous materials must be in conformance with the provisions of federal, state, and local laws and regulations, Uniform Codes and referenced standards, as may be amended ARTICLE V. RDC (RESEARCH AND DEVELOPMENT CAMPUS) DISTRICT

REGULATIONS
Sections 18.40.510 – 18.40.570 are deleted.

CHAPTER 18.41 STATION EAST EMPLOYMENT (SEE)

18.41.010 Purpose.

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The purpose of the Station East Employment (SEE) district is to accommodate a higher density employment district, which allows for a range of uses including office, lab, research and development, and light manufacturing and accompanying commercial services and uses to create an urban campus in a walkable and transit-oriented setting. Other uses, including hotels, conference centers, and public or quasi-public uses of an educational or recreational nature, can be established if it will support the City’s economic development goals for the area.

18.41.020 Permitted uses.

The following uses shall be permitted:

A. Civic facilities.

B. Ground floor commercial uses as part of an office mixed use development, hotel or conference center including:

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

2. Business services;

3. Civic facilities;

4. Fitness studios with an occupant load of less than fifty (50) under the Uniform Building Code;

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

6. Food stores, up to twenty-five thousand (25,000) square feet, excluding convenience markets;

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

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

9. Office uses;

10. Outdoor dining areas subject to the provisions listed in Section 18.39.055; and

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

C. Manufacture and assembly of electric and electronic supplies, instruments and devices, computer hardware and software, semiconductors, and computer chips, provided no noxious of offensive fumes or odors are produced.

D. Manufacture of pharmaceuticals and products from the life sciences and biotechnology industries, provided no noxious or offensive fumes or odors are produced.

E. Manufacture of scientific, medical, dental and drafting instruments, orthopedic and medical applications, optical goods, watches and clocks, precision instruments, musical instruments and camera and photographic equipment except film.

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F. Manufacturing, assembly, including packaging and storage, of products from previous prepared materials, such as cloth, plastic, leather, precious or semi-precious metals or stones, but not including such operations as saw and planing mills, nor any manufacturing uses involving primary production of wood, metal or chemical products from raw materials.

G. Office uses excluding health services.

H. Research and development laboratories and related facilities, including for life sciences, medical and pharmaceutical research, electronics, and computer science.

I. Retail sales of goods manufactured, processed or assembled on the premises.

J. 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.

18.41.030 Conditional uses.

The following conditional uses shall be permitted in the SEE zoning district upon the granting of a use permit by the Planning Commission (refer to Chapter 18.56 for a detailed description of the use permit process):

A. Hotels and conference centers.

B. Manufacture of fabricated metal products.

C. Microbreweries, wineries, or distilleries with accessory food service and outdoor dining.

D. Public or quasi-public uses of an educational or recreational nature.

E. Specialty trade contractors when located in a completely enclosed building.F. All other uses determined by the Planning Commission 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.

18.41.040 Prohibited uses.

Distribution, import/export, wholesale, warehouse, outdoor storage, and/or repackaging uses are prohibited within the SEE District.

18.41.050 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.

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18.41.060 Performance standards.

A. Retail, service, public, or office uses shall be provided along the ground floor of buildings in the areas detailed in the Station District Specific Plan Figure 4-6.

B. 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 Economic and Community Development Director or decision maker.

E. All uses shall comply with the regulations pertaining to hazardous materials contained in Chapter 18.40, Article IV.

G. Permitted or conditional uses shall not:

1. Emit obnoxious, toxic or corrosive fumes or gases;

2. Emit odors, heat or glare perceptible beyond property lines;

3. Emit smoke nor discharge into the air dust or other particular matter created by any industrial operations or emanating from any products stored prior or subsequent to processing;

4. Produce no noise perceptible beyond property lines, except as may be allowed by the Union City Community Noise Ordinance (Chapter 9.40 of the Union City Municipal Code);

5. Produce no physical vibration perceptible beyond property lines;

6. Produce no electromagnetic radiation or radioactive emission injurious to human beings, animals or vegetation, except under controlled operations being conducted observing standard methods or operations established by the California Department of Health Services, CAL-OSHA or the Nuclear Regulatory Commission. The most restrictive requirements shall apply. Electromagnetic radiation or radioactive emissions shall not be of an intensity that interferes with the use of any other property;

7. Do not engage in the production or storage of any material designed for use as an explosive, nor in the use of such material in production; and City Council/RSA Agenda 74 Tuesday, November 8, 2022
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8. Utilize diesel fuel powered equipment unless for standby emergency use only.

18.41.070 Walls, fences, and hedges
The location of all fences shall be subject to the minimum front yard and street side yard standards contained herein. Side and rear yards may have fences along the property line.

18.41.080 Minimum site Area
A minimum site area of not less than 1 acre shall be required.

18.41.090 Floor area ratio.

The minimum floor area ratio (FAR) shall be 0.75 and the maximum shall be 3.0.

18.41.100 Frontage, width and depth of site.

Newly created lots shall have a minimum street frontage width of 150 feet and a minimum lot depth of 200 feet. Exceptions may be granted by the decision maker through the Site development review process if it results in a more usable lot configuration or to accommodate lots created for public or common use.

18.41.110 Lot Coverage.

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

18.41.120 Required Setbacks.

A. Front yard setback shall be a minimum of ten (10) feet.

B. Interior side yard setback shall be a minimum of five (5) feet. Street side yard setback shall be a minimum of ten (10) feet.

C. Rear yard setback shall be a minimum of ten (10) feet.

18.41.130 Height of Structures
The maximum height of buildings shall be one hundred (100) feet. Rooftop amenities may be permitted, including, but not limited to, community rooms and kitchens, recreational facilities, and greenhouses provided they do not exceed twenty (20) feet in height. All buildings must be a minimum of two (2) stories.

18.41.140 Design Criteria
A. Architectural standards. Buildings shall be designed with a contemporary or “Modern” vocabulary, using varied geometric volumes and a variety of high-quality materials (e.g.

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metal and glass). The following shall apply to any new buildings, additions to buildings which increase existing square footage by 50 percent or more, or modifications to existing buildings which modify the exterior of the building:

1. Building elevations shall include variations in wall plane, wall height, and roofs located at different levels in order to minimize the overall appearance of the elevation. Building wall shall not continue for more than 25 feet without a change in building wall plane direction of at least 2 feet.

2. All elevations shall provide articulation and detailing include elements such as recesses, columns, score lines, reveals, trellises, windows, lighting, or other features to create shadow patterns and depth on building elevations.

3. Minimize blank wall planes on all elevations through the use of wall plane variation, trim or reveals, entry and window openings, and/or varying colors and materials. Blank walls should not occupy over 30% of the principal frontage, and a section of blank wall should not exceed 20 linear feet without being interrupted by a window or entry.

4. Design entries so that they are clearly defined and distinguishable from the street.

Incorporate architectural features such as awnings, canopies, trellises, and/or other treatments such as vertical architectural features or unique building colors or materials to clearly identify primary building entries.

5. A minimum of 50 percent of the building wall area located within 20 feet of the midpoint of a primary building entrance shall be comprised of transparent windows or openings. Glass is considered transparent where it has a transparency higher than 80 percent and external reflectance of less than 15 percent. Facades facing streets or pedestrian focused areas such as promenades and plazas shall be lined with windows.

B. Exterior materials. Exterior building materials shall be chosen based on character, durability, ease of maintenance and context, and may include:

1. Steel—Porcelain enamel panels, steel windows, steel exterior doors, steel rails and fences, painted, stainless or pre-weathered steel are acceptable

2. Aluminum—Windows, panels (luco-bond and aluminum plate), storefront, curtain wall, doors; aluminum should be natural finish anodized, powder-coated or kynar (no bronze anodized)

3. Other Metal

4. Glass—Clear, low-e, nonreflective, solar-bronze or solar gray glass, shadow boxes and spandrel glass is permitted

5. Brick, natural clay colors;

6. Stone

7. Pre-cast concrete, glass-fiber reinforced concrete

8. High-quality, cast-in-place concrete

9. Ceramic tile

10. Cement plaster

11. Wood.

C. Equipment screening. Mechanical/utility equipment shall be sited and screened in accordance with the following:

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3. In instances where mechanical equipment is located on the building roof, roof top screening shall be provided, which is integrated into the building architecture.

1. Provisions for safe, well-lit and visually attractive pedestrian access from public streets to the parking areas and building entries;

2. Pedestrian pathways between buildings and parcels;

3. Public pedestrian and bicycle connections to the Station District’s existing and proposed bicycle and pedestrian network;

4. Publicly accessible pedestrian amenities which may include plazas, pocket parks, seating areas, fountains, public art, and/or eating areas;

5. Orientation of outdoor public spaces towards activated ground-floor building frontages; and

E. Ground floor commercial uses. The design of ground floor commercial uses shall comply with the following:

1. Minimum depth of commercial space is thirty-five (35) feet and minimum height is twenty (20) feet floor to floor; and

2. A minimum of 25 percent of the ground floor commercial area shall be designed to accommodate a restaurant use; and

5. The maximum distance of blank wall (a façade without doors, windows, landscaping treatments, or other pedestrian interest) on the ground level of any City Council/RSA Agenda 77 Tuesday, November 8, 2022
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building facing a street, open space, or paseo shall not exceed 20 feet in length; and

6. The design of ground floor commercial uses shall promote indoor/outdoor connections by providing some or all of the following:
i. Sliding or removable windows/doors;
ii. Low planters with wide seat walls;
iii. Recessed entrances and porticos that increase the indoor/outdoor quality or allow for increased outdoor seating or display;
iv. Awnings and canopies that may encroach into the public right-of-way subject to approval of an encroachment permit by the Public Works Department; and
v. Visually transparent storefronts with clear glass windows and doors that are not blocked by storage, racks or shelving placed against glass.

18.41.150 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 fifteen percent (15%) 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.

C. Parking Lot Coverage. To provide adequate visual screening of any surface 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.

18.41.160 Signs, marquees, awnings.

18.41.170 Off -street parking
A. Off-street automobile parking shall be provided consistent with the following standards.

Vehicular Parking
Requirements
Minimum Off-Street Parking
Requirements
Maximum Off-Street
Parking Allowed
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Retail 1.0 space / 300 square feet 1.0 space / 200 square feet Office 1.0 space / 300 square feet 1.0 space / 250 square feet Research and
Development
laboratory,
manufacturing use

1.0 space / 500 square feet 1.0 space / 300 square feet Other Uses See Section 18.36.050 See Section 18.36.050
B. Automobile parking areas shall not occupy more than 30% of the primary street frontage.

C. Joint use of parking spaces may be allowed subject to the limitations and conditions included in Section 18.36.160.

D. Parking Structures.

1. Parking structure facades shall be designed as compatible visual extensions of the primary buildings.

2. Auto entries shall be located in a manner that minimizes pedestrian/auto conflicts.

3. Decorative screening or other decorative element constructed of durable, high-quality materials shall be provided on parking structure facade.

18.41.180 Bicycle Parking
A. Bicycle parking facilities shall be provided, at a minimum, in an amount equal to:

Bicycle Parking
Requirements
Short-Term Bicycle
Parking Requirements
Long-Term Bicycle
Parking Requirements
Retail 1.0 space / 3,000 square feet 1.0 space / 10,000 square feet Office, R&D, and Other
Nonresidential uses

1.0 space / 8,000 square feet
Minimum of 2 spaces

1.0 space / 4,000 square feet
B. Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080.

C. Bicycle parking may be substituted for automobile parking subject to the provisions outlined in Section 18.28.100 and approval by the decision makers.

18.41.190 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 process.

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

Chapter 18.76 SITE DEVELOPMENT REVIEW
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18.76.020 Applicability.

A. The site development review procedure shall apply to all proposed uses in the following districts:

Residential districts;
Hillside combining (-H) district;
Commercial (CPA, CN, CS, CC, CVR) districts;
Station East Employment (SEE) district;
Corridor Mixed Use (CMU) district;
Marketplace Mixed Use (MMU) district;
Station East Mixed Use Residential (SEMU-R) district;
Village Mixed Use (VMU) district;
Station Mixed Use Commercial (CSMU) district;
Union Landing Commercial (CUL) district;
Private Institutional (PI) district;
Industrial (, MS, ML, MG) districts;
Agricultural (A) district;
Civic Center design control (CCDCD) district;
Landmark and Historic Preservation (LHP) Overlay Zone.

B. The site development review procedure shall apply to all projects enumerated in subsection A of this section unless determined by the Director to qualify for administrative site development review as provided in Chapter 18.72.

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CHAPTER 18.50 CIVIC FACILITIES (CF) DISTRICT

18.50.040 Other regulations.

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

B. Signs: As prescribed in Chapter 18.30.

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

D. Accessory structures:

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

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

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

CHAPTER 18.92 OPEN SPACE (OS) ZONING DISTRICT

18.92.030 Regulations established.

The following specific regulations and the general regulations set forth in this title shall apply to all OS districts.

CHAPTER 18.102 DECOTO INDUSTRIAL PARK STUDY AREA (DIPSA)

RESIDENTIAL DISTRICT

18.102.010 Purpose.

The purpose of this chapter is to ensure quality development and to provide specific standards for the zoning districts included in Table 18.102.040.

18.102.020 Residential policies and standards.

A. Residential development standards are set out in Table 18.102.040.

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B. Direct access to Mission Boulevard from individual residential parcels shall be prohibited.

C. See Section 18.32.110(A), special building setbacks, for required setback from Mission Boulevard.

D. A minimum of a one hundred (100) foot buffer shall be provided between the nearest dwelling and the nearest edge of powerlines.

18.102.030 Design guidelines.

A. New residential neighborhoods shall have unique qualities and characteristics that make them distinctly identifiable from other existing (both old and new) neighborhoods in adjacent areas.

B. All new residential development shall be constructed of high-quality materials and include features and amenities typically associated with higher end residential development, including but not limited to:
a. Tile or similar Class A fire rated roofs;
b. Varied roof lines and building forms;
c. High quality exterior materials and finishes, including stucco, solid wood tongue and groove siding, and masonry fireplaces and chimneys;
d. High quality windows and skylights;
e. Consistent architectural styling and details (i.e., architectural details from different styles should not be mixed on one house, but styles could be mixed in a larger project); f. Spacious interiors that include design elements emphasizing light and openness; g. High quality interior finishes, cabinets, appliances, etc.; and h. Multiple car garages in the lower density single-family areas.

18.102.040 Development standards table.

DIPSA RESIDENTIAL DEVELOPMENT STANDARDS1, 4
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STANDARD
RS(s)
3000
(Small
Lot
SF)
RS(s)
3000
(Duplex
)
RS(s)
(Smal
l Lot
SF)
RS6000
-D
(Large
Lot
SF)
Allowed Uses Per Sections 18.32.020 and 18.32.030
Minimum Lot
Area
3,000
sq. ft.
2,660
sq. ft.
3,465
sq. ft.
4,500
sq. ft.

Minimum Area
per Unit NA NA NA NA
Maximum Lot
Coverage 50% 50% 50% 50%
Minimum Lot
Width (interior
/corner)
44 ft./49
ft.

Corner
lots
adjacent
to the
Paseo
are
permitte
d to be
44 ft.
38 ft./43
ft
Corner
lots
adjacent
to the
Paseo
are
required
to be 44
ft.
45 ft./55
ft.
45 ft./55
ft.

Minimum Lot
Depth 70 ft. 70 ft. 77 ft. 90 ft.

Minimum
Front Yard
Setback to
Garage
20 ft.
(w/roll
up
doors)
20 ft.
(w/roll
up
doors)
20 ft.
(w/rol
l up
doors)
20 ft..
to Building 10 ft. 10 ft. 10 ft. 20 ft
Minimum Rear
Yard Setback
Minimu
m 10 ft.;
12 ft.
average
Minimu
m 10 ft.;
12 ft.
average
15 ft. 15 ft.

Minimum Side
Yard Setback
(interior
/corner)
5 ft./10
ft.
5 ft./10
ft.
5 ft./10
ft.
5 ft./10
ft.

Maximum
Height 30 ft. 30 ft. 30 ft. 30 ft.

Minimum
Building
Separation
10 ft. 0 ft. 10 ft.
10 ft.–1
story
15 ft.–
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2 story3
Density Must be consistent with General Plan
Land Use Diagram densities
Parking Space
per Unit
1 space
open
2 spaces
enclosed
1 space
open
2 spaces
enclosed
1 space
open
2 spaces
enclos
ed
1 space
open
2 spaces
enclose
d
Building
Setback from
Mission
Boulevard2
NA NA 45 ft. 45 ft.

Bedroom
Count
2, 3 and
4 2, 3 and
4 2, 3
and 4
2, 3, 4
and 5
Minimum
Open Space per
Unit

NA NA NA NA
1 All standards of Chapter 18.32 shall apply except as modified by this chapter. 2 Rear of house to edge of curb.
3 May be reduced to ten (10) feet if allowed by development agreement. 4 In connection with any project that is subject to an owner participation agreement between the project applicant and the Community Redevelopment Agency, standards may be varied as provided in the vesting tentative map provided the project density does not exceed the General Plan standards and such modifications are found to better achieve the objective of the Plan.

CHAPTER 18.114 WIRELESS TELECOMMUNICATONS FACILITIES

18.114.040 Wireless telecommunication facilities use table.

A. Where indicated with the letters “AUP,” the use requires an administrative use permit.

The administrative use permit procedure is described in Chapter 18.54. Where indicated with the letters “UP,” the use requires a use permit. The use permit procedure is described in Chapter 18.56. Where indicated with the letters “ASD,” the use requires administrative site development review. The administrative site development review procedure is described in Chapter 18.72. Where indicated with a dash (–), the use is not allowed.

Zoning District Monopoles
Co-locations on Existing
Monopoles and other
Freestanding Facilities
Building and RoofMounted Facilities
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R, RS, RM – – –
CPA – – AUP, ASD
CN – – AUP, ASD
CC – – AUP, ASD
CVR – – AUP, ASD
CSMU – – AUP, ASD
CMU – – AUP, ASD
MMU – – AUP, ASD
CUL – – AUP, ASD
SEE – AUP, ASD AUP, ASD

MG UP, ASD AUP, ASD AUP, ASD

ML UP, ASD AUP, ASD AUP, ASD
MS – AUP, ASD AUP, ASD
A – UP, ASD AUP, ASD
OS – UP, ASD AUP, ASD

CF UP, ASD UP, ASD AUP, ASD
PI – – AUP, ASD
511 – UP, ASD –
AUP = Administrative use permit
UP = Use permit
ASD = Administrative site development review
– = Not permitted
B. If the proposed wireless telecommunication facility would substantially modify an existing building, the Director may require site development review.

C. The Director may approve minor modifications and aesthetic upgrades that do not increase the size or visibility of any legally established wireless telecommunication facility, subject to compliance with any existing conditions of approval.

City Council/RSA Agenda 85 Tuesday, November 8, 2022

EXHIBIT B
CHAPTER 17.30 REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF

FEES, OR BOTH, FOR PARK AND RECREATION LAND IN SUBDIVISIONS

17.30.045 Park land dedication formula for residential development within the Decoto Industrial Park StudyStation District Area.

In determining the amount of park land required for subdivisions subject to the Decoto Industrial Park Study Area (DIPSA)Station District specific plan, the following standards shall apply in lieu of the Park Land Dedication Formula Table in Section 17.30.040.

CHAPTER 18.12. DISTRICTS ESTABLISHED.

The following zoning districts are established:

RS 10,000 Single-Family Residential District
RS 8,000 Single-Family Residential District
RS 7,000 Single-Family Residential District
RS 6000 Single-Family Residential District
RS 4500 Single-Family Residential District
R 5000 Decoto Residential District
RM 3500 Multifamily Residential District
RM 2500 Multifamily Residential District
RM 1500 Multifamily Residential District
CSMU Station Mixed Use Commercial District
CMU Corridor Mixed Use
MMU Marketplace Mixed Use
SEMU-R Station East Mixed Use Residential
VMU Village Mixed Use
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CPA Professional and Administrative Commercial District CN Neighborhood Commercial District
CC Community Commercial District
CVR Visitor and Recreation Commercial District
CS Specialty Commercial District
CUL Union Landing Commercial District
SEE Station East Employment
RDC Research and Development Campus District
MG General Industrial District
ML Light Industrial District
MS Special Industrial District
CF Civic Facility District
PI Private Institutional District
A Agricultural District
OS Open Space District
-H Hillside Combining District
FC Floodplain Combining District
-D Decoto District
LHP Landmark and Historic Preservation Overlay Zone
PUD Planned Unit Development
PR Planned Residential District
CCDCD Civic Center Design Control District
R511 Single-Family Residential District, 511 Specific Area Plan CHAPTER 18.26 MARKETPLACE MIXED USE (MMU) DISTRICT

18.26.010 Purpose.

18.26.020 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:

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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) under 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;

1.17. 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;

19. Pet grooming (no overnight boarding of animals).

D. Home occupations subject to the conditions listed in Section 18.32.020 (G).

E. Office mixed use developments with ground floor commercial uses identified in Section

18.26.020 (C).

F. Office uses.

G. Residential mixed use developments with ground floor commercial uses identified in Section 18.26.020 (C).

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18.26.030 Conditional uses.

1. Child day care facilities.

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

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

4. Outdoor activities located in private and public plazas.

5. Outdoor displays in conjunction with an existing adjacent business.

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

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g. Massage.

2. Discount clubs.

3. Drive-in/drive-through uses.

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

6. Hotels.

8. Superstores subject to the criteria outlined in the Policy Statement for Use Permit Review of Superstores.

1. All other uses determined by the Planning Commission 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.

9. 18.26.035 Tobacco products.

18.26.040 Accessory uses.

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

City Council/RSA Agenda 90 Tuesday, November 8, 2022
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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.

18.26.050 Performance standards.

G. Any residential building that includes more than two hundred fifty (250) units shall provide a shared co-working space area measuring a minimum of three hundred (300) square feet.

18.26.060 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, City Council/RSA Agenda 91 Tuesday, November 8, 2022
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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 a residential (R) district, a solid masonry wall six (6) feet in height shall be located on the shared property line.

18.26.070 Minimum site Area
A minimum site area of not less than twenty thousand (20,000) square feet shall be required.

18.26.080 Site area per dwelling unit.

The minimum site area per dwelling unit shall be four hundred thirty-five (435) square feet.

18.26.090 Floor area Ratio.

The maximum floor area ratio (FAR) shall be 3.0.

18.26.100 Residential Density.

A minimum of thirty (30) units per acre and a maximum of one hundred (100) units per acre is permitted.

18.26.110 Frontage, width and depth of site.

18.26.120 Lot Coverage.

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

18.26.130 Required Setbacks
A. Front, side, and rear yard setbacks shall be a minimum of six (6) feet.

B. Setbacks from property lines located adjacent to private alley ways that provide access to private garages shall be a minimum of three (3) feet.

City Council/RSA Agenda 92 Tuesday, November 8, 2022
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18.26.150 Design Criteria
A. Architectural standards. Buildings shall be designed with a contemporary or “Modern” vocabulary, using varied geometric volumes and a variety of high-quality materials (e.g. metal and glass). The following shall apply to any new buildings, additions to buildings which increase existing square footage by 50 percent or more, or modifications to existing buildings which modify the exterior of the building:

2. Lower and upper stories shall be separated by horizontal detailing such as an awning, overhang, cornice line, or belt course. Separation may occur either above the ground floor or second floor.

4. Window designs shall differentiate the various components of the building (e.g., ground floor retail spaces, stair towers, corners, or residential units).

7. Ground floor residential units shall provide finish floor elevations of between eighteen (18) to forty-two (42) inches above the adjoining sidewalk.

8. Buildings shall not include blank walls which exceed twenty (20) feet.

B. Exterior materials. Exterior building materials shall be chosen based on character, durability, ease of maintenance and context, and may include:

1. Steel—Porcelain enamel panels, steel windows, steel exterior doors, steel rails and fences, painted, stainless or pre-weathered steel are acceptable

2. Aluminum—Windows, panels (luco-bond and aluminum plate), storefront, curtain wall, doors; aluminum should be natural finish anodized, powder-coated or kynar (no bronze anodized)

3. Other Metal
City Council/RSA Agenda 93 Tuesday, November 8, 2022
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4. Glass—Clear, low-e, nonreflective, solar-bronze or solar gray glass, shadow boxes and spandrel glass is permitted

5. Brick, natural clay colors;

6. Stone

7. Pre-cast concrete, glass-fiber reinforced concrete

8. High-quality, cast-in-place concrete

9. Ceramic tile

10. Cement plaster

11. Wood.

C. Equipment screening. Mechanical/utility equipment shall be sited and screened in accordance with the following:

Alternate locations may be considered to meet utility provider requirements; and

3. In instances where mechanical equipment is located on the building roof, roof top screening shall be provided, which is integrated into the building architecture.

1. Provisions for safe, well-lit and visually attractive pedestrian access from public streets to the parking areas and building entries;

2. Pedestrian pathways between buildings and parcels;

3. Public pedestrian and bicycle connections to the Station District’s existing and proposed bicycle and pedestrian network;

4. Publicly accessible pedestrian amenities which may include plazas, pocket parks, seating areas, fountains, public art, and/or eating areas;

5. Orientation of outdoor public spaces towards activated ground-floor building frontages; and

E. Ground floor commercial uses. The design of ground floor commercial uses shall comply with the following:

1. Minimum depth of commercial space is thirty-five (35) feet and minimum height is twenty (20) feet floor to floor; and
City Council/RSA Agenda 94 Tuesday, November 8, 2022
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2. A minimum of 25 percent of the ground floor commercial area shall be designed to accommodate a restaurant use; and

6. The design of ground floor commercial uses shall promote indoor/outdoor connections by providing some or all of the following:
i. Sliding or removable windows/doors;
ii. Low planters with wide seat walls;
iii. Recessed entrances and porticos that increase the indoor/outdoor quality or allow for increased outdoor seating or display;
iv. Awnings and canopies that may encroach into the public right-of-way subject to approval of an encroachment permit by the Public Works Department; and v. Visually transparent storefronts with clear glass windows and doors that are not blocked by storage, racks or shelving placed against glass.

18.26.160 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.

18.26.170 Residential open space.

18.26.180 Signs, marquees, awnings.

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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.

18.26.190 Off -street parking.

A. Off-street automobile parking shall be provided consistent with the following standards.

B. A minimum of one (1) motorcycle parking stall that is enclosed and weather-protected shall be provided for every twenty-five (25) units.

C. Joint use of parking spaces may be allowed subject to the limitations and conditions included in Section 18.36.160.

D. Parking Structures.
1, Parking structure facades shall be designed as compatible visual extensions of the primary buildings.

2. Auto entries shall be located in a manner that minimizes pedestrian/auto conflicts.

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3. Decorative screening or other decorative element constructed of durable, high-quality materials shall be provided on parking structure facade.

18.26.200 Bicycle Parking.

A. Bicycle parking facilities shall be provided, at a minimum, in an amount equal to:

Bicycle Parking
Requirements
Short-Term Bicycle
Parking Requirements
Long-Term Bicycle
Parking Requirements
Residential with private
garage for each unit

1.0 space / 20 dwelling units.

Minimum of 2 spaces.

None
All other residential 1.0 space / 20 dwelling units.

Minimum of 2 spaces.

1.0 space / 4 dwelling units.

Minimum of 2 spaces.

Retail 1.0 space / 3,000 square feet 1.0 space / 10,000 square feet Office, R&D, and Other
Nonresidential uses

1.0 spaces / 8,000 square feet
Minimum of 2 spaces

1.0 space / 4,000 square feet
B. Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080.

C. Bicycle parking may be substituted for automobile parking subject to the provisions outlined in Section 18.28.100 and approval by the decision makers.

18.26.210 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).

18.26.220 Laundry facilities.

City Council/RSA Agenda 97 Tuesday, November 8, 2022
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CHAPTER 18.30 SIGN REGULATIONS

18.30.080 District regulations.

The placement and display of any signs in any district is subject to the limitations and conditions set forth in this section.

A. Commercial District Regulations. Signs permitted in commercial zoning districts must comply with the limitations and conditions set forth as follows:

1. Applicability. These regulations apply to all commercial (C) zoning districts, as defined in Chapter 18.12, including the following:

CSMU—Station Mixed Use Commercial
CPA—Professional and Administrative Commercial
CN—Neighborhood Commercial
CC—Community Commercial
CS—Specialty Commercial
CVR—Visitor and Recreation Commercial
CUL—Union Landing Commercial
CMU-Corridor Mixed Use
MMU-Marketplace Mixed Use
SEMU-R-Station East Mixed Use Residential
VMU-Village Mixed Use
SEE- Station East Employment

2. Permitted Sign Area.
a. Building Signs. Maximum permitted sign area is subject to review and approval by the Director and shall not exceed the following:

Sign Setback from Public Right-of-Way
Permitted Sign Area per Lineal Foot of Building
or Tenant Footage
0—50 feet 1.00
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51—130 feet 1.25
131—250 feet 1.45
251+ feet 1.80
b. Freestanding Signs. Freestanding signs may be permitted a maximum sign area of sixtyfour (64) square feet and a maximum sign height of six (6) feet. Each freestanding sign may provide sign area for a maximum of two (2) businesses/building tenants; any freestanding sign providing sign area for more than two (2) businesses/building tenants is considered a multiple tenant freestanding sign and is prohibited unless a use permit is granted for a planned sign program per Section 18.30.100(E). Freestanding signs may integrate on site real estate information including contact name, number and/or available square footage into sign copy, subject to Economic and Community Development Department review and approval.

Freestanding signs are required to provide a contrasting background that is visible from the street. Freestanding signs shall provide the street address(es) of the building(s) and/or site at which they are located.

4. Accessory Signs. A maximum additional sign area not to exceed twenty percent (20%) of the total permitted building sign area may be permitted for accessory signs.

B. Industrial District Regulations. Signs permitted in industrial zoning districts must comply with the limitations and conditions set forth as follows:

1. Applicability. These regulations apply to all industrial zoning districts, as defined in Chapter 18.12, including the following:

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MS—Special Industrial
ML—Light Industrial
MG—General Industrial
RDC—Research and Development Campus

2. Permitted Sign Area.
a. Building Signs. A maximum building sign area, equal to 0.25 square feet per lineal foot of building or tenant frontage, may be permitted in the ML and MG zoning districts. In the MS and RDC zoning districts, a maximum building sign area equal to 0.5 square feet per lineal foot of building or tenant frontage may be permitted. In the ML and MG zoning districts, in no case shall building sign area exceed two hundred (200) square feet. b. Freestanding Signs. In the industrial zoning districts, a maximum sign area of sixty-four (64) square feet will be permitted for each freestanding sign. No freestanding sign shall exceed a maximum sign height of six (6) feet; each freestanding sign may provide sign area for a maximum of two (2) businesses/building tenants; any freestanding sign providing sign area for more than two (2) businesses/building tenants is considered a multiple tenant freestanding sign and is prohibited unless a use permit is granted for a planned sign program per Section 18.30.100(E). Freestanding signs may integrate on site real estate information including contact name, number and/or available square footage into sign copy, subject to Economic and Community Development Department review and approval. Freestanding signs are required to provide a contrasting background that is visible from the street. Freestanding signs shall provide the street address(es) of the building(s) and/or site at which they are located.

4. Accessory Signs. A maximum additional sign area not to exceed twenty percent (20%) of the total permitted building sign area may be permitted for accessory signs.

5. Outdoor Uses. For establishments with operations conducted primarily outdoors, a maximum total sign area equal to 0.5 feet per lineal foot of street frontage may be allowed City Council/RSA Agenda 100 Tuesday, November 8, 2022
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provided that the total sign area on the premises does not exceed one hundred twenty (120) square feet.

C. Residential District Regulations. Signs permitted in residential zoning districts must comply with the limitations and conditions set forth as follows:

1. Applicability. These regulations apply to all residential (R) zoning districts as defined in Chapter 18.12, including the following:

R and RS—Single-family residential
RM—Multifamily residential
511—Specific Plan Area residential

2. Display Limitations. Limitations and conditions for residential signs are as follows:
a. Residential Project Identification Signs. Residential projects may be permitted a maximum sign area of thirty (30) square feet per street frontage. Such signs may be wall-mounted or freestanding. In no case shall freestanding signs exceed six (6) feet in height. Signs may be indirectly illuminated or naturally illuminated. Only the name and address of the project may be included in the sign copy.
b. Nonresidential Uses. All nonresidential uses in residential districts, including conditionally permitted uses, shall be subject to the sign regulations of the zoning district deemed most similar in nature to the proposed use. Such determination shall be made by the Director upon review of a sign plan in accordance with the procedures of Section 18.30.100. c. Home Occupation Signs. Home occupation signs advertising an approved home occupation conducted on the premises shall be exempt from the review procedures of Section 18.30.100, provided that such signs shall be naturally illuminated, shall not exceed one and one-half (1½) square feet in area, and shall be located flat against the wall or window of the dwelling.

D. Other Zoning District Regulations.

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CHAPTER 18.37 STATION EAST MIXED USE RESIDENTIAL (SEMU-R) DISTRICT

18.37.020 Permitted uses.

The following uses shall be permitted:

A. Accessory dwelling units consistent with Chapter 18.34 B. Civic facilities.

A. Residential uses with a minimum density of twenty-five (25) units per acre, a maximum density of one hundred (100) units per acre and an average density of no less than fifty (50) units per acre for the district.

BC. Commercial uses, located in a stand-alone building or incorporated into the on the ground floor as part of a residential mixed use development including:

1. Art studios;

2. Banks/savings and loans (excluding check cashing services);

3. Business services;

4. Civic facilities;

5. Fitness studios with an occupant load of less than fifty (50) under the Uniform Building Code;

6. Florists;
Food stores, up to twenty-five thousand (25,000) square feet, excluding convenience markets;

7. 2. Food service, such as full-service sit-down restaurants, quick service, and retail food sales for consumption on or off the premisesand carry out food stores;

8. Food stores, up to twenty-five thousand (25,000) square feet, excluding convenience markets;

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

4. Health clubs such as fitness studios, yoga or martial arts studios with an occupant load of less than fifty (50) under the Uniform Building Code;9. Live music (nonCity Council/RSA Agenda 102 Tuesday, November 8, 2022 Station District Zoning Update - AT-22-005
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amplified) at full service/sit down restaurants subject to the standards of Section

18.36.195(BA);

10. Office uses;

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

5. ;

12. 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 ;

6. Civic facilities;

7. Offices uses;

8. Banks/savings and loans (excluding check cashing services); 913. . 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 Director shall make the findings required by Section 18.52.060, Addition of uses.

CD. Accessory dwelling units consistent with Chapter 18.34, Accessory Dwelling Units.

Residential uses with activated ground floor commercial uses including, but not limited to, residential amenity space, leasing office, lobby, business center, and live/work units subject to the provisions of Section 18.38.032 along primary frontages E. Home occupations subject to the conditions listed in Section 18.32.020 (G).

18.37.030 Conditional uses.

A. Approval by the Zoning Administrator (Refer to chapter 18.54 for a detailed description of the administrative use permit process). The following conditional uses shall be permitted in the SEMU-R zoning district upon the granting of a use permit by the Zoning Administrator (refer to Chapter 18.54 for a detailed description of the administrative use permit process):

A1. Outdoor activities located in private and public plazas, Outdoor displays in conjunction with an existing adjacent business; City Council/RSA Agenda 103 Tuesday, November 8, 2022
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B2. Outdoor activities located in private and public plazas;. Outdoor displays in conjunction with an existing adjacent business.

C. Sidewalk cafés per Section 18.36.190;
D4. 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. Massage uses.

2. Wine bars.

18.37.040 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.

18.37.040 050 Performance standards.

18.38.032.

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AB. 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 or otherwise listed in Section 18.37.020 and 18.37.030. 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 Economic and Community Development Director or decision maker., sidewalk cafés, and outdoor displays established in compliance with applicable City regulations.

B.C. 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.

Solid waste, organic waste and recycling containers facilities shall be provided in compliance with City requirements and shall be enclosed within the building or screened by a solid wall so as to not be visible from public streets.

C. All development shall comply with the provisions listed in Chapter 7.04 regarding management of solid waste and recyclable materials
DG. Any residential building that includes more than two hundred fifty (250) units shall provide a shared co-working space area measuring a minimum of three hundred (300) square feet.

18.37.0750 Minimum site area.

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A minimum site area of not less than three thousand five hundred (3,500) square feet shall be required.

18.37.0860 Density / Site area per dwelling unit.

18.37.0970 Floor area ratio.

The allowed floor area ratio (FAR) range is between 0.40 and 3.0.

18.37.080100 Minimum lot dimension.

Every lotNewly created lots shall have a minimum lot dimension of at least thirty-five (35) feet and one hundred (100) feet. Exceptions may be granted by the decision maker through the Site development review process if it results in a more usable lot configuration or to accommodate lots created for public or common useexcept for lots created for public or common use including accessways, parks/paseos, and utilities.

18.37.090 110 Lot coverage.

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

18.37.1200 Required Setbacks.

A. Front, side, and rear yard setbacks shall be a minimum of six (6) feet.

B. Setbacks from property lines located adjacent to private alley ways that provide access to private garages shall be a minimum of three (3) feet.

18.37.1310 Height of structures.

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18.37.1420 Design criteria.

2. Lower and upper stories shall be separated by horizontal detailing such as an awning, overhang, cornice line, or belt course. Separation may occur either above the ground floor or second floor.

4. Window designs shall differentiate the various components of the building (e.g., ground floor retail spaces, stair towers, corners, or residential units).

5. Façade elements must establish building scale and pattern, using architectural techniques such as clustering or aligning windows and doors to form a regular pattern.

Horizontal building elements should be roughly aligned (within three (3) feet of height) with others in the same block.

7. Ground floor residential units shall provide finish floor elevations of between eighteen (18) to forty-two (42) inches above the adjoining sidewalk.

8. Buildings shall not include blank walls which exceed twenty (20) feet.

B. Exterior materials. Exterior building materials shall be chosen based on character, durability, ease of maintenance and context, and may include:

City Council/RSA Agenda 107 Tuesday, November 8, 2022
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1. Steel—Porcelain enamel panels, steel windows, steel exterior doors, steel rails and fences, painted, stainless or pre-weathered steel are acceptable;

2. Aluminum—Windows, panels (luco-bond and aluminum plate), storefront, curtain wall, doors; aluminum should be natural finish anodized, powder-coated or kynar (no bronze anodized);

3. Other Metal;

4. Glass—Clear, low-e, nonreflective, solar-bronze or solar gray glass, shadow boxes and spandrel glass is permitted;

5. Brick, natural clay colors;

6. Stone;

7. Pre-cast concrete, glass-fiber reinforced concrete;

8. High-quality, cast-in-place concrete;

9. Ceramic tile;

10. Cement plaster; and

11. Wood.

C. Equipment screening. Mechanical/utility equipment shall be sited and screened in accordance with the following:

3. In instances where mechanical equipment is located on the building roof, roof top screening shall be provided, which is integrated into the building architecture.

1. Provisions for safe, well-lit and visually attractive pedestrian access from public streets to the parking areas and building entries;

2. Pedestrian pathways between buildings and parcels;

3. Public pedestrian and bicycle connections to the Station District’s existing and proposed bicycle and pedestrian network;

4. Publicly accessible pedestrian amenities which may include plazas, pocket parks, seating areas, fountains, public art, and/or eating areas; City Council/RSA Agenda 108 Tuesday, November 8, 2022
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5. Orientation of outdoor public spaces towards activated ground-floor building frontages; and

E. Ground floor commercial uses. The design of ground floor commercial uses shall comply with the following:

1. Minimum depth of commercial space is thirty-five (35) feet and minimum height is twenty (20) feet floor to floor; and

2. A minimum of 25 percent of the ground floor commercial area shall be designed to accommodate a restaurant use; and

18.26.150 Landscaping.

A. 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.A. Building Design. Buildings shall be designed with a contemporary or “Modern” vocabulary, to project a forward-looking image of the station district.

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B. Façade Articulation. All street-facing façades must include at least one horizontal or vertical projection or recess at least four feet in depth, or two projections or recesses at least two and one-half (2 ½) feet in depth, for every fifty (50) horizontal feet of wall. The articulated elements must be greater than one story in height and may be grouped rather than evenly spaced in fifty (50) foot modules. Projections into required yards as allowed by Section 18.24.050, Permitted obstructions in required yards, including steps, bay windows, overhangs, and fireplaces count towards this requirement.

C. Upper Floor Façade Articulation Facing Grand Paseo. For the portions of the buildings that face onto the Grand Paseo and have a length longer than ninety (90) feet and where the Grand Paseo is less than forty (40) feet in width, the building massing shall reduce to create architectural relief and interest. This can be ensured, in part, by calculating the surface area of the first floor plane of any building façade that faces the paseo (length of the first floor of the building X height of that floor = surface area). The second floor paseo- facing area shall be no more than ninety-five percent (95%) of the first floor area. The third floor paseo-facing area shall be no more than eighty-five percent (85%) of the first floor area and the fourth floor no more than seventy-five (75%) of the first floor area.

D. Pedestrian Façade Articulation. Provide pedestrian-scaled façade articulation such as vertical elements, horizontal banding, and individual storefront design (when applicable) at the ground level to enhance approachability and pedestrian comfort.

E. Lower and Upper Story Separation. Lower and upper stories shall be separated by horizontal detailing such as an awning, overhang, cornice line, or belt course. Separation may occur either above the ground floor or second floor.

F. Vertical Projections. All street-facing façades must include vertical projections or recesses such as pilasters, porches, decks, bay windows, entry recesses, and other details that provide architectural articulation and design interest.

G. Window Design. Window designs shall differentiate the various components of the building (e.g., ground floor retail spaces, stair towers, corners, or residential units).

H. Awnings and Overhangs. Awnings and overhangs should be employed along active building frontages over the sidewalk to enhance the pedestrian realm. Awnings should be made of durable, high-quality materials and should not interfere with the tree canopy or signage.

I. Façade Pattern. Façade elements must establish building scale and pattern, using architectural techniques such as clustering or aligning windows and doors to form a regular pattern. Horizontal building elements should be roughly aligned (within three (3) feet of height) with others in the same block.

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J. Townhome Design. The design of townhomes shall be articulated such that individual units are differentiated from each other. Each unit shall maintain separate, identifiable roof forms, massing, fenestration, and street-facing doorways.

K. Building Equipment Screening. Mechanical, electrical, and all other building equipment should be concealed from all public rights-of-way, pedestrian paths, and adjacent buildings.

Mechanical equipment should not be located along the ground floor street frontage. Screens should be consistent with the building design or site landscaping.

L. Ground floor Residential Finish Floor. Ground floor residential units shall provide finish floor elevations of between eighteen (18) to forty-two (42) inches above the adjoining sidewalk.

M. Ground-floor Residential Frontage. Ground floor residential uses shall provide outwardfacing building entrances that may include any of the following: stoops, front doors, courtyard and forecourt entrances, ramped or at-grade universally accessible entries, outward-facing and visually permeable lobby entrances, or other outward-facing residential entrance, with transition spaces from private frontages to public spaces that may include stoops or other entry elements.

N. Blank Walls. Buildings shall not include blank walls which exceed twenty (20) feet.

O. Commercial Space. Minimum depth of commercial space is thirty-five (35) feet and minimum height is eighteen (18) feet.

P. Ground Floor Transparency. Between two and one-half (2 ½) feet and seven (7) feet above grade along commercial frontages, ground floor transparency (i.e., amount of glazing) shall be forty percent (40%) for grocery stores and fifty percent (50%) for all other commercial uses.

Q. Ground Floor Retail Façades. Ground floor façades shall be designed to give identity to each retail establishment, through recesses, enhanced materials, signage and architectural features that are integral components of the building.

18.37.130 160 Residential open space.

18.37.140 170 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 DepartmentAll City Council/RSA Agenda 111 Tuesday, November 8, 2022
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signs, marquees, and awnings shall be subject to the applicable limitations and requirements set forth in Chapter 18.30 and any applicable Master Sign Program. A comprehensive 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. .

18.37.150 180 Off-street parking.

Parking shall be required subject to the following:

Vehicular Parking Requirements
Minimum Off-Street
Parking
Requirements
Maximum Off-Street
Parking Allowed

1. Multifamily Residential – High Density 1 (Between 30.1 du/ac – 100 du/ac) Studio 1.0 space / dwelling
unit

1.5 spaces / dwelling unit
1 Bedroom 1.0 spaces / dwelling
unit

2.0 spaces / dwelling unit
2 Bedrooms 1.5 spaces / dwelling
unit

2.0 spaces / dwelling unit
3+ Bedrooms 2.0 spaces / dwelling
unit

2.5 spaces / dwelling unit

2. Multifamily Residential – Low Density 1 (Up to 30 du/ac) Studio 1.0 spaces / dwelling
unit

1.0 spaces / dwelling unit
1 Bedroom 1.0 spaces / dwelling
unit

1.0 spaces / dwelling unit
2 Bedrooms 2.0 spaces / dwelling
unit

2.0 spaces / dwelling unit
3+ Bedrooms 2.0 spaces / dwelling
unit

2.0 spaces / dwelling unit

3. Affordable Housing

0.5 spaces / bedroom if
less than ½ mile from
major transit stop;

0.75 spaces / bedroom
if more than ½ mile
from major transit stop

2.0 spaces / dwelling unit

4. Nonresidential
Commercial (includes Office and
Retail uses)

1.0 spaces / 250 square
feet

1.0 spaces / 200 square
feet
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Notes:

1. Tandem parking spaces can be substituted for regular parking spaces up to 10% of the required parking demand.

18.37.160 190 Bicycle parking.

A. Bicycle parking facilities shall be provided, at a minimum, in an amount equal to:

Bicycle Parking
Requirements
Short-Term Bicycle
Parking Requirements
Long-Term Bicycle
Parking Requirements
All other residential 1.0 space / 20 dwelling units
Minimum of 2 spaces

1.0 space / 4 dwelling units
Minimum of 2 spaces
Retail 1.0 space / 3,000 square feet 1.0 space / 10,000 square feet Office, R&D, and Other
Nonresidential uses

1.0 space / 8,000 square feet
Minimum of 2 spaces

1.0 space / 4,000 square feet
A. Bicycle parking facilities shall be provided, at a minimum, in an amount equal to twenty percent (20%) 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. For multifamily units with individual private garages, bicycle parking is not required.

B. Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080.

C. Bicycle parking may be substituted for automobile parking subject to the provisions outlined in Section 18.28.100 and approval by the decision makers.

18.37.170 200 Off-street loading.

A. Adequate loading docks and/or berths shall be provided on-site to serve the use. For commercial uses, loading berth requirements 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 shall be evaluated with each site development review applicationprocess.

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

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18.37.210 Laundry facilities.

Chapter 18.38 STATION MIXED USE COMMERCIAL (CSMU) DISTRICT

18.38.020 Permitted uses.

The following uses shall be permitted:

A. Accessory dwelling units consistent with Chapter 18.34.

B. Civic facilities.

C. A. Commercial uUses incorporated into the ground floor as Part part of a Residential residential or Ooffice Mixed mixed Use use Developmentdevelopment including:.

1. Art StudiosApparel and accessory stores, excluding thrift stores;

2. Bakeries with retail sales;

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

3. Body art;

4. Business services, such as photocopying services and small printing shops, computer and data processing, graphic design, sign shops;

5. Civic facilities;

56. Fitness studios with an occupant load of less than fifty (50) under the Uniform Building Code. ;

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

8. Food stores, up to twenty-five thousand (25,000) square feet, excluding convenience markets;

6. Health clubs;
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79. General merchandise/retail stores, excluding adult business stores, clearance center/dollar stores, pawn shops, second hand/thrift stores, and retail tobacco stores; 810. Health services, such as medical, dental, optical, physical therapy and pharmacies;

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

10. Professional officesOffices uses;

11. Restaurants and cafés, in-line only (not as stand-alone buildings);

12. Retail food outlets, such as bagel, coffee, candy and tea stores (with minimal or no seating), in-line only (not as stand-alone buildings); and 1113. Specialty wine shops. Outdoor dining areas subject to the provisions listed in Section 18.39.055;
C. Home occupations subject to the conditions listed in Section 18.32.020 (G).

D. Office mixed use developments with ground floor commercial uses identified in Section

18.38.020 (C).

E. Residential mixed use developments with ground floor commercial uses identified in Section 18.38.020 (C).

F. 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.

B. Civic Uses.

1. Cultural activities, such as museums, art galleries and libraries, performing arts;

2. Public buildings and grounds, community centers and community services; and

3. Public services and administrative offices, such as police and fire stations, post offices, and public parking lots and structures.

2. C. 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.

18.38.030 Conditional uses.

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The following conditional uses shall be permitted in the CSMU 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. Adult and child day care facilities;

2. Educational and instructional uses, such as business, beauty, computer, dance, martial arts, tutorial services;

3. In-line fast food restaurants;

4. Sidewalk cafés per Section 18.36.190;

53. 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);

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

75. Outdoor activities located in private and public plazas;

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

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

97. All other uses 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 City Council (refer to Chapter 18.56 for a detailed description of the use permit process).

1. Bars and nightclubs;.

2. Commercial recreation facilities, excluding video arcades;.

3. Convenience markets;.

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

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5. Massage uses located on the ground floor in mixed use developments.

5. Mixed use residential or office developments;

6. Lodging, hHotels and motels;

7. Research and development (R and D)/flex space with no nuisance characteristics;.

8. Residential uses:
a. High-density residential development,
b. Senior housing,
c8. Live/work units in compliance with (specific uses allowed in the live/work units are set forth in Section 18.38.032);.

9. Transportation facilities, such as heliports and bus transfer facility or passenger rail facilities; and.

18.38.040 Performance standards.

A. Retail, service, public, or office uses shall be provided along the ground floor of buildings in the areas detailed in the Station District Specific Plan Figure 4-6. Within residential developments, the City Council may approve, in its discretion, partial or complete substitution of live/work units and residential amenity space for the required ground floor active uses. Live/work units shall comply with Section 18.38.032.

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G. Any residential building that includes more than two hundred fifty (250) units shall provide a shared co-working space area measuring a minimum of three hundred (300) square feet
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, approved outdoor displays, and approved farmers’ markets.

B. Other provisions of this chapter notwithstanding, all storage, handling or other use of hazardous materials shall be subject to the provisions of Chapter 18.40, Article IV, Use of Hazardous Materials, as required for the research and development campus (RDC) district.

C. 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. Above-ground 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.

D. 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.

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

F. Each mixed use development shall have a comprehensive Sign Plan approved by the Economic and Community Development Department for the entire development.

GI. In addition to the above listed performance standards, the following shall apply to live/work units.

1. Units may be used for: residential occupancy only; a combination of residential and work (nonresidential uses); or work only. The City strongly encourages commercial uses in the live/work units.

2. The nonresidential uses shall not conflict with the development’s surrounding or adjacent residential uses and shall not be detrimental or harmful to the residential uses.

3. The units’ exteriors shall not be altered without review and approval by the City, other than for signage, which shall be governed by the development’s Sign Plan.

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5. For units that are lofts, there shall remain at all times a visual and physical openness between the main floor and the loft area in compliance with applicable building codes.

8. Access for the commercial component shall be: located on the ground level, oriented to the public street or public walkway.

9. All nonresidential uses, including home occupations, shall obtain a business license prior to operation, in compliance with Title 5 of the Union City Municipal Code.

18.38.050 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. a greater height is required for noise attenuation or screening of waste/recycling enclosures, mechanical equipment, loading facilities.

18.38.070 Density / Site area per dwelling unit.

A minimum of one hundred (100) sixty (60) units per acre and a maximum of one hundred sixtyfive (165) units per acre is permitted. The minimum site area per dwelling unit shall be two hundred sixty-four (264) square feet.

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18.38.080 Site floor area ratio.

For all nonresidential uses, the minimum floor area ratio (FAR) shall be 1.0, however the FAR may be reduced to a minimum of 0.5 on previously developed sites that do not meet the minimum 1.0 FAR and where the previously developed sites are proposed for redevelopment at a higher FAR than the previous development, and the maximum shall be 4.20. However, no FAR minimum is required for nonresidential uses in live/work units and for nonresidential uses as part of a mixed use development.

18.38.150 Design criteria.

New development, to the maximum extent feasible, shall comply with the following design guidelines as illustrated in pages 70 through 74 of the Intermodal Station District and Transit Facility Plan.

1. Street Walls. Buildings along streets shall:
a. Be continuous along setback lines and are required at street corners to maintain an active urban character;
b. Allow variations in the building edge (including arcades and column articulations for entrances, mid-block pedestrian ways, interior courtyards, and other design considerations) as long as the appearance of a continuous built edge is maintained; c. Encourage minor street wall variations to add architectural interest and provide pedestrian amenities, such as seating and ATMs;
d. Include multiple pedestrian entrances for large buildings to increase street activity and interest;
e. Keep vehicle entrances and exits to a minimum and the scale minimized to maintain a pedestrian environment;
f. Have ground floor retail where feasible and maximize window coverage to provide flexible use as office or retail;
g. Have ground floor retail/commercial space with at least a twelve (12) foot ceiling height and a forty (40) foot to fifty (50) foot minimum depth.

2. Exterior Material Palette Standards. Exterior materials shall be chosen based on character, durability, ease of maintenance and context, and shall include:

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a. Brick, natural clay colors;
b. Stone;
c. Steel—Porcelain enamel panels, steel windows, steel exterior doors, steel rails and fences, painted, stainless or pre-weathered steel are acceptable; d. Aluminum—Windows, panels (luco-bond and aluminum plate), storefront, curtain wall, doors; aluminum should be natural finish anodized, powder-coated or kynar (no bronze anodized);
e. Glass—Clear, low-e, nonreflective, solar-bronze or solar gray glass, shadow boxes and spandrel glass is permitted;
f. Pre-cast concrete, glass-fiber reinforced concrete;
g. High-quality, cast-in-place concrete;
h. Ceramic tile;
i. Cement plaster; and
j. Wood.

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b. No commercial billboards, “A” frame signs, and excessive banners are permitted per Chapter 18.30 of this title.

7. Parking Design Standards. Parking:
a. Is required to be structured, unless it is on-street curbside parking; b. Lots are not allowed after the initial phases of development; c. On the ground floor, should be screened from the sidewalk by street-oriented uses, such as housing units with street access, retail uses, building entrances, lobbies and foyers, community facilities, or landscape elements;
d. Entrances and exits for vehicles should be kept to a minimum in scale and number; e. Entrances and exits shall be discouraged on Eleventh Street, Union Square, and Railroad Avenue, and prohibited on Decoto Road;
f. Entrances and exits shall be encouraged on side streets where side street access is available.

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2. Residential Uses.
a. Residential Uses Overall Design Standards. Residential development shall:
i. Be designed with the safety and security of children in mind, without creating a “gated community” effect;
ii. Incorporate amenities such as play areas and other open spaces within the development;
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iii. Not include sound walls and security fences that isolate or impede pedestrian access to residential development;
iv. Encourage balconies on above ground units where possible. b. Ground Floor Treatments Standards. Ground floors of residential development shall:
i. Include multiple entries at the street level to create fine-grained, pedestrian-oriented streets;
ii. Include residential units with individual entrances fronting the street;
iii. Promote a pedestrian-friendly environment through the use of design features such as stairs, stoops, porches, doors and landscaping. c. Parking Standards. Parking for residential development should promote a pleasant pedestrian experience by:
i. Limiting multiple individual garage entrances;
ii. Interspersing garage entries with “active uses” such as housing entries or occupied space;
iii. Screening parking from the street.

3. Ground Floor Service/Retail.
a. Indoor/Outdoor Connections Standards. Retail establishments and restaurants/cafés shall have:
i. Strong indoor/outdoor connections;
ii. Sliding or removable windows/doors;
iii. Outdoor displays and café seating in front of commercial/retail establishments that are designed to increase pedestrian activity and interest, subject to administrative use permit approval as identified in the café standards located in Section 18.36.190;
iv. Low planters with wide seat walls;
v. Recessed entrances and porticos that increase the indoor/outdoor quality or allow for increased outdoor seating or display; City Council/RSA Agenda 124 Tuesday, November 8, 2022
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vi. Awnings and canopies that may encroach into the public right-ofway subject to approval of an encroachment permit by the Public Works Department;
vii. Visually transparent storefronts with clear glass windows and doors that are not blocked by storage, racks or shelving against glass; viii. An entrance on the alley when buildings abut a pedestrian alley. b. General Parking Garage Standards. Parking garage design shall:
i. Be clean, well lit, and designed for the safety and security of patrons, while avoiding excessive light spill into adjacent residential areas; ii. Complement adjacent land uses.
c. Street Wall Standards. Parking street wall design shall:
i. Have a seven (7) foot minimum setback for landscape elements that screen the ground floor of parking on streets that do not have retail frontages (except on Eleventh Street where a setback is not allowed at street corners);
ii. Complement the façades of adjacent uses.
d. Ground Floor Treatments Standards. Ground floor treatments shall:
i. Emphasize the use of retail and/or commercial space at the street level to maximize window coverage;
ii. Include retail frontages along Eleventh Street, the public plaza, and facing the Intermodal Transit Facility where commercial space should have at least a ten (10) foot ceiling height and a forty (40) foot to fifty (50) foot depth;
iii. Be screened with architectural and/or landscape elements in locations where there is no ground floor commercial use.

C. 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.

18.38.190 Off-street parking.

A. Off-street automobile parking shall be provided consistent with the following standards.

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1.0 space / dwelling unit 1.0 space / dwelling unit
Non-residential
Office uses on BART
Property
None 1.0 space / 650 sq. ft.

Office uses (Outside
of BART Property)

1.0 space /300 square feet 1.0 space /250 sq. ft.

R&D uses 1.0 space /400 square feet 1.0 space /250 sq. ft.

Retail Uses 1.0 spaces / 300 square feet 1.0 spaces / 200 square feet Other Uses See Section 18.36.050 See Section 18.36.050
Notes:

1. Parking standards on BART property authorized by Public Utilities Code Sections 29010.1 - 29010.12.

2. Tandem parking spaces can be substituted for regular parking spaces in residential developments up to 10% of the required parking demand.

Parking shall be required subject to the following:

A. Residential Use.

1. A minimum of one (1) covered parking stall shall be provided per residential unit.

2. A minimum of one (1) bicycle parking facility shall be provided for every three (3) units. Bicycle parking facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.090. The enclosed storage space (per City Council/RSA Agenda 126 Tuesday, November 8, 2022
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Section 18.38.220) for each unit may incorporate space for the required bicycle parking.

Bicycle parking may be substituted for automobile parking subject to the provisions outlined in Section 18.28.100 and approval by the decision maker. 3B. A minimum of one (1) motorized cycle parking stall that is enclosed and weatherprotected shall be provided for every twenty-five (25) units.

BC. Retail Use. Provide automobile and bicycle parking at commercial district standards per Section 18.36.150 (off-street parking in commercial districts). Automobile parking demand may be reduced subject to a use permit and a parking in-lieu fee to contribute to the construction of a public parking structure. For retail uses on the ground floor as part of a mixed-use development, no additional automobile parking is required.

18.38.200 Bicycle Parking.

B. Bicycle parking facilities shall be provided, at a minimum, in an amount equal to:

1.0 space / 4 dwelling units
Minimum of 2 spaces
Retail 1.0 space / 3,000 square feet 1.0 space / 10,000 square feet Office, R&D, and Other
Nonresidential uses

1.0 space / 8,000 square feet
Minimum of 2 spaces

2.0 space / 4,000 square feet

1. Bicycle parking standards on BART property authorized by Public Utilities Code Sections 29010.1 - 29010.12.

C. Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080.

A. Bicycle parking may be substituted for automobile parking subject to the provisions outlined in Section 18.28.100 and approval by the decision maker. C. Office and Research and Development (R and D) Use.

1. One (1) parking stall per three hundred (300) square feet of office and/or research and development (R and D) use or parking may be reduced subject to a use permit and a parking inlieu fee to contribute to the construction of a public parking structure.

2. 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 subsection (C)(1) of this section except for areas within one-half (1/2) mile of the Intermodal Station. For bicycle parking demand ratios in these areas, see subsection (C)(3) 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 City Council/RSA Agenda 127 Tuesday, November 8, 2022
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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.

3. 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 (20%) of the required automobile parking demand as determined by subsection (C)(1) of this section. A minimum of sixty percent (60%) 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.

18.38.180 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.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.

18.38.200 In-lieu parking fees.

Where a public parking fund exists for the purpose of developing public parking, applicants may make an in-lieu payment for construction, maintenance and operation of public off-street parking instead of providing off-street parking spaces as required by this chapter subject to approval by the City Councildecision maker and issuance of a use permit pursuant to Chapter 18.56. The fee shall be pursuant to resolution of the City Council. In-lieu payments under this section shall be used for the purposes set forth in the ordinance establishing public parking funds.

18.38.210 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-ofway, and are subject to review and approval through the site development review process.

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

B. For residential uses, loading berth requirements shall be evaluated on a project by project basis. Any required loading berths shall comply with the following requirements:

1. Public Right-of-Way. Loading berths shall not be located in the public right-of-way.

2. Access. Sufficient vehicular access shall be provided subject to review and approval by the City Engineer.

3. Location. Loading berths shall be located away from intersections and near elevators.

4. Size. Subject to review and approval by the City Engineer, size shall be in scale with proposed project but not less than ten (10) feet in width by twenty-five (25) feet in length, exclusive of aisle and maneuvering space. A minimum of fourteen (14) feet of vertical clearance shall be provided.

C. Loading zones may be provided on side streets (i.e., Cheeves Way, Berger Way and Galliano Way) in lieu of loading berths subject to use permit approval CHAPTER 18.40 INDUSTRIAL DISTRICTS

18.40.450 Use table for on-site storage of hazardous materials.

Industrial Zoning District
Type of Facility MG ML MS RDCSEE
Group A chemicals and materials*: Class 3 and 4 oxidizers, compressed gases (corrosive, highly toxic, toxic, pyrophoric, unstable), cryogens (highly toxic, toxic, corrosive, pyrophoric, unstable), explosives and blasting agents, highly toxic materials, organic peroxides (unclassified, Class I and Class II), pyrophoric materials, radioactive materials (gamma emitters), unstable/reactives (Class 3 and Class 4), water reactive materials (Class 3) Bulk Plant - - - -
Bulk Distribution - - - -
Large User Site UP UP UP UP
Large Storage Plant UP UP UP UP
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Industrial Zoning District
Type of Facility MG ML MS RDCSEE
Medium User Site UP UP UP UP
Medium Storage Plant UP UP UP UP
Small User Site AUP AUP AUP AUP
Small Storage Plant AUP AUP AUP AUP
Industrial Zoning District
Type of Facility MG ML MS RDCSEE
Group B chemicals and materials*: Compressed gases (flammable and oxidizing), corrosive liquids and solids, cryogens (flammable and oxidizing), flammable liquids, flammable solids, organic peroxide materials (Class III, Class IV, Class V), oxidizing materials (Class 1 and Class 2), radioactive materials (alpha and beta emitters), target organ toxins, toxic materials, unstable/reactive materials (Class 1 and Class 2), water reactive materials (Class 1 and Class 2) Bulk Plant - - - -
Bulk Distribution - - - -
Large User Site UP UP UP UP
Large Storage Plant UP UP UP UP
Medium User Site P P AUP AUP
Medium Storage Plant P P AUP AUP
Small User Site P P P P
Small Storage Plant P P P P
Group C chemicals and materials*: combustible liquids and solids, compressed gases (inerts), cryogens (inerts), irritant materials, sensitizer materials, other health hazard materials Bulk Plant - - - -
Bulk Distribution UP - - -
Large User Site UP UP UP UP
Large Storage Plant UP UP UP UP
Medium User Site P P P P
Medium Storage Plant P P P P
Small User Site P P P P
Small Storage Plant P P P P
* All chemical and materials types listed above are included for reference purposes only. Final determination of hazard classification will be made by the Environmental Programs Division.

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A. Table Notes.

1. Hazardous materials belonging to more than one (1) group or hazardous classification are subject to the regulations of the more stringent group or category.

3. When a use permit or administrative use permit is required, in addition to the findings required under Chapter 18.56 or 18.54, respectively, the decision maker shall consider the recommendation of the Fire Department and the Environmental Programs Division based upon an evaluation of current codes, ordinances and referenced standards in conjunction with the following information: an inventory of all hazardous materials to be used or stored on site, a materials safety sheet (MSS) for each of the hazardous materials to be used on site, a list of equipment which utilizes or contains hazardous materials, information on the building construction type and information on the proposed method of handling and disposal of hazardous materials, as well as any mitigation features designed to reduce the level of risk posed by the hazardous materials.

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d. On-site retail sales of common household hazardous materials in containers sized and packaged for use by the general public.

6. Ammonia refrigeration systems are subject to the provisions of this article.

ARTICLE V. RDC (RESEARCH AND DEVELOPMENT CAMPUS) DISTRICT

REGULATIONS
Sections 18.40.510 – 18.40.570 are deleted.

18.40.510 Purpose.

The purpose of the RDC district is to provide space for a flexible range of activities which have low or no nuisance characteristics. This district supports “flex” space that can be adapted to office, research and development, and service/sales uses. In addition, it allows for manufacturing uses consistent with the light industrial designation. The RDC district is a more dense development designation because it is in close proximity to the BART station and the station district. This designation is applied where it is intended to intensify industrial development over a period of years. (Ord. 670-06 § 3, 2006; Ord. 619-04 § 2, 2004; Ord. 600-02 § 2 (Exh. A1), 2002)

18.40.520 Principal uses permitted.

The uses listed below by category are permitted in the RDC district. Only the specific uses listed under each category are permitted. Other uses that may fall within the category heading are not permitted unless found similar to the permitted uses as provided in Section 18.40.320(H).

A. Administrative, executive, business and professional offices.

B. Business service offices, including, accountants, notaries and related services.

C. Business consultant offices.

D. Design professions offices (engineering, architectural, drafting, etc.).

E. Medical/dental clinics and health maintenance organizations.

F. Manufacturing, assembly, including packaging and storage, of products from previous prepared materials, such as cloth, plastic, leather, precious or semi-precious metals or stones, but City Council/RSA Agenda 132 Tuesday, November 8, 2022
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not including such operations as saw and planing mills, nor any manufacturing uses involving primary production of wood, metal or chemical products from raw materials.

G. Manufacture and assembly of electrical supplies, such as coils, condensers, insulation, lamps, switches and wire cable assembly, provided no noxious or offensive fumes or odors are produced.

H. Engineering and design laboratories.

I. Manufacture and assembly of electric and electronic instruments and devices, and manufacturing related to the semiconductor industries.

J. Manufacture of scientific, medical, dental and drafting instruments, orthopedic and medical applications, optical goods, watches and clocks, precision instruments, musical instruments and camera and photographic equipment except film.

K. Manufacture of pharmaceuticals and the like, provided no noxious or offensive fumes or odors are produced.

L. Photocopy services.

M. Printing, lithographing and engraving.

N. Publishing.

O. Research and development laboratories and related services, including biotech sciences, electronics labs, pharmaceutical research.

P. Retail sales of goods manufactured, processed or assembled on the premises.

Q. 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. 670-06 § 3, 2006; Ord. 619-04 § 2, 2004; Ord. 600-02 § 2 (Exh. A1), 2002)

18.40.530 Conditional uses permitted.

The following uses may be permitted upon granting of a use permit pursuant to the procedures under Chapter 18.56. Only the specific uses listed under each category may be considered for a use permit in the RDC district. Any other research or light manufacturing use that may fail within the category heading may not be considered unless they are found similar to the listed uses as provided for in Section 18.40.330(F).

A. Animal clinics and hospitals.

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Union City City CouncilNovember 8, 2022

Union City City Council
November 8, 2022