Agenda packet, regular meeting — Union City City Council, November 22, 2022 (part 1 of 2)

AGENDA

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, November 22, 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 first Oral Communications section are requested to complete a City Council/RSA Agenda 1 Tuesday, November 22, 2022
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 November 8, 2022

5.c. Adopt A Resolution Appointing Individuals To Serve On The Park & Recreation Commission, Planning Commission And
Senior Commission

5.d. Adopt Two Ordinances For: 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

5.e. Adopt An Ordinance Amending Chapter 2.04, City Council, Of The Union City Municipal Code

5.f. Adopt An Ordinance Approving Zoning Text Amendment, AT22-007, 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 Amending Section 5.44.050, “Standards For Commercial Cannabis Dispensaries”

5.g. Adopt A Resolution Approving And Authorizing The City Manager To Execute A Side Letter Agreement Between The
City of Union City And The Management Employees Group
Approving An Extension For Implementing A Retiree Health Savings Account

5.h. 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 22 Pursuant To Ab 361 And Adopt A Resolution Confirming The City Council/RSA Agenda 2 Tuesday, November 22, 2022
Continued Existence Of A Local Emergency Due To Covid-19

5.i. Authorize The City Manager To Execute A Sixth Amendment To The Consulting Services Agreement With 4LEAF, Inc., In A Form Approved By The City Attorney, To Increase The Not To Exceed Amount From $1,500,000 To $1,900,000 For Building Division Support And Extend The Agreement Expiration To June 30, 2026

5.j. Adopt A Resolution Amending The Fiscal Year 2022-2023 General Fund Budget By Appropriating An Additional $20,000 To The City Council’s Travel & Training Budget

6. PUBLIC HEARINGS

6.a. Adopt 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 Adopt A Resolution Finding And Determining The Need For Local Amendments Are Reasonably Necessary
Because Of Local Climatic, Geologic, Or Topographical
Conditions, In Accordance With California Health And Safety Code Section 17958.7

6.b. Public Hearing And Adoption Of A Resolution Amending The Fiscal Year 2022-2023 Master Fee Schedule To Increase Fees For Commercial Cannabis Applications

7. CITY MANAGER REPORTS

7.a. Adopt A Resolution Authorizing The City Manager to Execute The First Amendment To The Consulting Services Agreement With Mark Thomas & Company, Inc., For Final Design Of
Phases (Segments) 1 And 2 For Quarry Lakes Parkway (East West Connector), City Project No. 18-04, In The Amount Of $3,000,000

7.b. Adopt A Resolution Authorizing The City Manager To Execute A Consulting Services Agreement With Mark Thomas &
Company, Inc., For Preliminary Engineering (30% Final Design) Of East West Connector (Quarry Lakes Parkway, Phases 3 And 4) Project, City Project No. 18-04, In The Amount Of
$2,087,600, And Appropriating $208,760 From The
Unassigned Fund Balance Of The SB-1 Fund

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
City Council/RSA Agenda 3 Tuesday, November 22, 2022

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 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.

Instructions on Raising your Hand in Zoom Webinar:

City Council/RSA Agenda 4 Tuesday, November 22, 2022

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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 22, 2022

MINUTES

CITY OF UNION CITY

CITY COUNCIL

SPECIAL MEETING
Tuesday, November 8, 2022
6:30 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 6:30 p.m.

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

Absent: None

2. ORAL COMMUNICATIONS – None

3. PROCLAMAT IONS AND PRESENTAT IONS

3.a. Proclamation Recognizing November as Sikh American Awareness and Appreciation Month
Mayor Dutra-Vernaci read the proclamation aloud and presented it to Harpal Mann.

3.b. Proclamation Recognizing United Against Hate Week
Mayor Dutra-Vernaci read the proclamation aloud and presented it to Human Relations Commissioners Victor Lopez, Shamsa Rafay Masood, and Babar Mohammad.

4. GOOD OF THE ORDER
Vice Mayor Patiño stated he toured the BART Hayward Maintenance Facility on October 27. Vice Mayor Patiño stated he will attend Coffee with Cops at Starbucks in Union Landing on November 11. Vice Mayor Patiño stated he will be in Kansas City, MO for the National League of Cities.

Councilmember Gacoscos wished good luck to all of the candidates for Council.

Councilmember Singh reported an issue with homelessness in the industrial area.

Desk Item - Item 5.b.

City Council/RSA Agenda 6 Tuesday, November 22, 2022
Councilmember Duncan thanked the Human Relations Commission for bring the anti-hate proclamation and reminded them to invite the Council to participate in any upcoming events or initiatives in the same regard.

Mayor Dutra-Vernaci addressed Councilmember Singh’s comments regarding homelessness.

Mayor Dutra-Vernaci announced that tonight’s elections bring to a completion the City’s transition to district elections. Mayor Dutra-Vernaci asked that staff return with a report and recommendations on a protocol for neighborhood meetings, including Council notification.

5. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 6:49 p.m.

Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 7 Tuesday, November 22, 2022

MINUTES

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

1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 7:00 p.m.

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

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

Absent: None

2. UNFINISHED BUSINESS - None

3. PROCLAMATIONS AND PRESENTATIONS - Heard at the Special City Council Meeting held earlier in the evening.

4. ORAL COMMUNICATIONS - None

5. CONSENT CALENDAR
It was moved by Councilmember Duncan and seconded by Councilmember Singh, to adopt consent calendar items 5.a. through 5.j. 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.) Desk Item - Item 5.b.

City Council/RSA Agenda 8 Tuesday, November 22, 2022

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

5.c. Adopted Resolution No. 6028-22 Establishing Commissioner Compensation

5.d. Adopted Ordinance No. 902-22 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:

Ordinance No. 903-22 Zoning Text Amendment, AT-22005, Amending Title 18, Zoning, of the Union City Municipal Code; And
Ordinance No. 904-22 Zoning Map Amendment, A-22-001, For Consistency With the Station District Specific Plan

5.f. Adopted Resolution No. 6029-22 Finding That There Is A Proclaimed State Of Emergency; Finding That Meeting In Person Would Present Imminent Risks To The Health Or Safety Of Attendees As A Result Of The State Of Emergency; And Resolution No. 6030-22 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. Adopted 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

5.h. Adopted Resolution No. 6031-22 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 The City’s Salary Compensation Table In Conformance With California Code Of Regulations, Title 2, Section 570.5

5.i. Adopted Resolution No. 6032-22 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. Adopted Resolution No. 6033-22 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
City Council/RSA Agenda 9 Tuesday, November 22, 2022

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- For Consistency With The Draft 2023-2031 Housing Element Under the Political Reform Act, Mayor Dutra-Vernaci and Councilmember Duncan recused themselves as they had economic conflict of interests within proximity of the sites being considered. Vice Mayor Patiño chaired the meeting during presentation of the staff report.

Senior Planner Coleman Frick presented the staff report and responded to questions from Council.

Vice Mayor Patiño opened the public hearing and called for public comment. Of which there was none. Vice Mayor Patiño closed the public hearing.

Council provided additional comment.

It was moved by Councilmember Singh and seconded by Councilmember Gacoscos to adopt Resolution No. 6034-22 Adopting an Addendum To The 2040 General Plan EIR; to adopt Resolution No. 6035-22 Amending The General Plan (AG-22-003); to introduce an Ordinance amending Title 18, Zoning, of The Union City Municipal Code (AT-22-006); and introduce an Ordinance amending the Official Zoning Map (A-22-003) for Consistency with the Draft 2023-2031 Housing Element. The motion was carried by the following roll call vote:

AYES: Councilmembers Gacoscos, Singh and Vice Mayor Patiño NOES: None
ABSENT: Councilmember Duncan and Mayor Dutra-Vernaci
ABSTAIN: None
Mayor Dutra-Vernaci and Councilmember Duncan returned to the dais.

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”
Deputy City Attorney Alex Mog presented the staff report, reviewing the proposed amendments. Deputy City Attorney Mog and Economic and Community Development Director Carmela Campbell responded to questions from Council.

Mayor Dutra-Vernaci opened the public hearing and called for public comment, of which there was none. Mayor Dutra-Vernaci closed the public hearing.

Councilmembers provided additional comment.

City Council/RSA Agenda 10 Tuesday, November 22, 2022
It was moved by Councilmember Gacoscos and seconded by Vice Mayor Patiño to introduce an 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”. The motion was carried by the following roll call vote:

AYES: Councilmembers Duncan, Gacoscos, Vice Mayor Patiño, Mayor Dutra-Vernaci
NOES: None
ABSENT: None
ABSTAIN: Councilmember Singh

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 City Attorney Kristopher J. Kokotaylo presented the staff report, reviewing the proposed amendments. There were no questions from Council.

Councilmembers provided comment.

It was moved by Vice Mayor Patiño and seconded by Councilmember Duncan to introduce an Ordinance Amending Chapter 2.04, City Council, of the Union City Municipal Code. The motion was carried by a unanimous roll call vote.

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 Deputy City Attorney Alex Mog presented the staff report, reviewing the proposed amendments. There were no questions from Council.

Councilmembers provided additional comment
It was moved by Mayor Dutra-Vernaci and seconded by Councilmember Duncan to Waive Full Reading and Introduce by Title Only 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 for November 22, 2022. The motion was carried by a unanimous roll call vote.

7.c. Adopt A Resolution Approving An Amended And Restated Employment Agreement With Joan Malloy To Serve As City Manager
City Attorney Kristopher J. Kokotaylo presented the staff report, summarizing the terms of the Amended and Restated Employment Agreement. There were City Council/RSA Agenda 11 Tuesday, November 22, 2022
no questions from Council. Councilmembers provided comment, thanking City Manager Malloy for her service.

It was moved by Councilmember Duncan and seconded by Councilmember Gacoscos to adopt Resolution No. 6036-22 Approving An Amended And Restated Employment Agreement With Joan Malloy To Serve As City Manager.

The motion was carried by a unanimous roll call vote.

8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY – None

9. AUTHORITIES AND AGENCIES – None

10. CITY COMMISSION / COMMITTEE REPORTS
Vice Mayor Patiño reported on his attendance of the meetings held by the Waste Management Authority and the East Bay Community Energy Commission. Vice Mayor Patiño stated he will attend an upcoming meeting of the Waste Management Authority.

Councilmember Gacoscos stated she will attend the upcoming meeting of the Housing Authority of the County of Alameda.

Councilmember Singh reported on his attendance of the Union City Chamber of Commerce.

Councilmember Duncan reported on her attendance of the East Bay Division meeting for the League of California Cities.

Mayor Dutra-Vernaci reported on her attendance of a meeting of the Metropolitan Transportation Commission’s Bay Area Infrastructure Financing Authority Subcommittee.

11. SCHEDULED ORAL COMMUNICATION – None

12. ITEMS REFERRED BY COUNCIL

13. GOOD OF THE ORDER – Heard at the Special City Council Meeting held earlier in the evening.

14. CLOSED SESSION – None

15. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 8:24 p.m.

Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 12 Tuesday, November 22, 2022
Agenda Item
DATE: 11/22/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ANNA M. BROWN, CITY CLERK
SUBJECT: ADOPT RESOLUTIONS APPOINTING INDIVIDUALS TO SERVE ON THE

PARKS & RECREATION COMMISSION, PLANNING COMMISSION AND

SENIOR COMMISSION
Staff has prepared Resolutions appointing individuals to serve on the aforementioned Commissions.

STRATEGIC PLAN ALIGNMENT
There is no Strategic Plan alignment.

BACKGROUND
A recruitment process was initiated for upcoming term expirations and existing vacancies on the Parks and Recreation Commission, Planning Commission and Senior Commission. Interested parties were asked to submit applications to the City Clerk. On November 15, 2022 Councilmembers conducted interviews.

DISCUSSION
Board and commission members are appointed by the Mayor with approval of the City Council. At the request of Mayor Dutra-Vernaci, resolutions have been prepared re/appointing the following individuals:

Parks and Recreation Commission
Reappoint Steve Nichols to a four (4) year term expiring November 30, 2026 Reappoint Albert Chin to a four (4) year term expiring November 30, 2026 Planning Commission
Appoint Ed Mack Agbuya to a four (4) year term expiring November 30, 2026 Senior Commission
Reappoint Larry Gissible to a four (4) year term expiring November 30, 2026 Reappoint Harvey Dosanj to a four (4) year term expiring November 30, 2026 City Council/RSA Agenda 13 Tuesday, November 22, 2022
Appoint Deepti Garg to a four (4) year term, as Alternate Commissioner, expiring November 30, 2026

FISCAL IMPACT
Parks and Recreation Commission and Senior Commission Stipend: The City provides a stipend of $39 per meeting, for each meeting actually attended by Commissioner or Alternate Commissioner.

Planning Commission Stipend: The City provides a stipend of $155 per meeting, for each meeting actually attended by Commissioner or Alternate Commissioner.

RECOMMENDATION
Staff recommends City Councilconsider adopting resolutions appointing and reappointing individuals to serve on the Parks and Recreation Commission, Planning Commission and Senior Commission.

Prepared by:

Anna M. Brown, City Clerk
Submitted by:

Anna M. Brown, City Clerk
ATTACHMENTS:

Description Type
Resolution Resolution
City Council/RSA Agenda 14 Tuesday, November 22, 2022
RESOLUTION NO. XXXX-22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

APPOINTING INDIVIDUALS TO SERVE ON THE PARKS AND RECREATION COMMISSION,

THE PLANNING COMMISSION AND THE SENIOR COMMISSION
WHEREAS, there are upcoming term expirations and current vacancies on the Parks and Recreation Commission, the Planning Commission and the Senior Commission; WHEREAS, a recruitment process was initiated for upcoming term expirations and existing vacancies on the Parks and Recreation Commission, Planning Commission and Senior Commission. Interested parties were asked to submit applications to the City Clerk; and WHEREAS, Councilmembers conducted interviews on November 15, 2022; and WHEREAS, Board and commission members are appointed by the Mayor with approval of the City Council.

NOW THEREFORE BE IT RESOLVED, that the following individuals are hereby re/appointed to serve on the following Commissions, with terms expiring as shown:

Parks and Recreation Commission
• Reappoint Steve Nichols to a four (4) year term expiring November 30, 2026 • Reappoint Albert Chin to a four (4) year term expiring November 30, 2026 Planning Commission
• Appoint Ed Mack Agbuya to a four (4) year term expiring November 30, 2026 Senior Commission
• Reappoint Larry Gissible to a four (4) year term expiring November 30, 2026 • Reappoint Harvey Dosanj to a four (4) year term expiring November 30, 2026 • Appoint Deepti Garg to a four (4) year term, as Alternate Commissioner, expiring November 30, 2026 PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a special meeting held on the 22nd day of November, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 15 Tuesday, November 22, 2022
Agenda Item
DATE: 11/22/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: SECOND READING AND ADOPTION OF TWO ORDINANCES FOR 1) 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
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-22-006 and A-22-003 to update Title 18, Zoning, and the Official Zoning Map for consistency with the Draft 2023- 2031 Housing Element.

The City Council held a public hearing and introduced the Ordinances at its November 8, 2022 meeting on a 3-0 vote with Mayor Dutra-Vernaciand Councilmember Duncan recused themselves from participation in the matter and were thus absent. See Attachment 1, Exhibit A and Exhibit B (Redline version), for the Zoning Text amendment language and Attachment 2, Exhibit A, for the Zoning Map amendment detail.

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

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

BACKGROUND
At its November 8, 2022, meeting, the City Council introduced two Ordinances approving a Zoning Text Amendment (AT-22-006) and a Zoning Map Amendment (A-22-003) for consistency with the Draft 2023- 2031 Housing Element. The City Councilalso adopted resolutions approving associated General Plan amendments (AG-22-003) for consistency with the Draft 2023-2031 Housing Element and related Zoning City Council/RSA Agenda 16 Tuesday, November 22, 2022
amendments. A second reading of the ordinances is required for the zoning amendments to be adopted.

For a more detailed overview of the prior proposed actions, see the City Council Staff Report dated November 8, 2022.

DISCUSSION
Below is a summary of the proposed amendments.

AT-22-006 - Zoning Text Amendment
Addition of Chapter 18.27, Village Mixed Use (VMU) Zoning District for the Old Alvarado area Miscellaneous updates to Chapters 18.35., Corridor Mixed Use Commercial (CMU) District; and

18.36, Commercial Districts, for consistency with the General Plan and Draft Housing Element programs and policies
A-22-003 - Zoning Map Amendment
Rezoning APNs 475-141-13-2, 475-141-2, 87-36-148, and 87-36-149 from Neighborhood Commercial (CN) to Corridor Mixed Use (CMU)
Rezoning APNs 486-18-59, 486-18-60, 486-18-61, 486-18-62, 486-18-63, 486-18- 64, 486-18-65-2, 486-18-69, and 486-18-71 from Neighborhood Commercial (CN) to RM 1500 Rezoning APN 486-18-70 from R 5000 to RM 1500
Rezoning APN 486-6-30 from Community Commercial (CC) to Corridor Mixed Use (CMU) Rezoning APN 483-10-12-1 from RS 6000 to RM 2500
Rezoning APNs 483-10-22-3, 483-10-21-1, 483-10-20, and 483-10-19-1 and all other parcels currently zoned Specialty Commercial (CS) to Village Mixed-Use (VMU) Rezoning APN 482-27-16-1 from Light Industrial (ML) to RM 1500 Rezoning APNs 483-5-11-2, 483-5-12, 483-5-9-2, 483-5-10, 483-5-7-7, and 483-5-8-1 from Special Industrial (MS) to Village Mixed-Use (VMU)

FISCAL IMPACT
No fiscal impacts to the General Fund would result from adoption of the Ordinances approving AT-22-006 and A-22-003.

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-22-006 and A-22-003. The Ordinances will become effective 30 days after the second reading.

Prepared by:

Coleman Frick, Senior Planner
Submitted by:

Derek Farmer, Planning Manager
City Council/RSA Agenda 17 Tuesday, November 22, 2022
ATTACHMENTS:

Description Type
Attachment 1 - OrdinanceApproving Zoning Text Amendment -AT -22-006
Ordinance
Attachment 1 - Exhibit A -AT-22-005 Exhibit
Attachment 1-Exhibit B-AT-22-005 Exhibit
Attachment 2- OrdinanceApproving Zoning Map Amendment -A22-003 Ordinance
Attachment 2 - Exhibit A -A-22-003 Exhibit
City Council/RSA Agenda 18 Tuesday, November 22, 2022
ATTACHMENT 1
ORDINANCE NO. XXXX-22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING ZONING TEXT AMENDMENT (AT-22-006) TO UPDATE TITLE 18, ZONING, FOR CONSISTENCY WITH THE 2023-2031 DRAFT HOUSING ELEMENT INCLUDING CREATION OF CHAPTER 18.27 AND RELATED MISCELLANEOUS UPDATES TO CHAPTERS 18.35 and 18.36
WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and
WHEREAS, the City’s Zoning Ordinance (Title 18) currently regulates the uses allowed within the City.

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

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

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

City Council/RSA Agenda 19 Tuesday, November 22, 2022
Ordinance No. XXX-22
AT-22-006

Page 2 ends

SECTION 2. CEQA. The City Council adopted Resolution 6034 -22, dated November 8, 2022, and incorporated herein by reference, adopting an Addendum to the 2040 General Plan Environmental Impact Report for the Draft 2023-2031 Housing Element Amendments.

SECTION 3. Findings. The City Council makes the following findings in support of approving this Ordinance, based on the whole of the record before it.

1. The proposed Municipal Code Amendments are consistent with the General Plan,

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

SECTION 4. Approval. The City Council hereby approves the amendments to the Municipal Code, more particularly, amending Chapters as described above and as shown in attached Exhibit A, which is incorporated herein by reference and available for review in the City Clerk’s office during normal business hours.

SECTION 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.

SECTION 6. Publication and effective date. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.

City Council/RSA Agenda 20 Tuesday, November 22, 2022
Ordinance No. XXX-22
AT-22-006

Page 3 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 22nd 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 21 Tuesday, November 22, 2022
1 Chapter 18.27 VILLAGE MIXED USE (VMU) DISTRICT
● 18.27.010 Purpose.
● 18.27.020 Permitted uses.
● 18.27.030 Conditional uses.
● 18.27.040 Accessory Uses
● 18.27.050 Tobacco products.
● 18.27.060 Performance standards.
● 18.27.070 Walls, fences, and hedges.
● 18.27.080 Minimum site area.
● 18.27.090 Density.
● 18.27.100 Site floor area ratio.
● 18.27.110 Frontage, width and depth of site.
● 18.27.120 Lot coverage.
● 18.27.130 Front yard setback.
● 18.27.140 Side yard setback.
● 18.27.150 Rear yard setback.
● 18.27.160 Height of structures.
● 18.27.170 Design criteria.
● 18.27.180 Off-street parking.
● 18.27.190 Off-street loading.
● 18.27.200 Landscaping.
● 18.27.210 Residential Open space.
● 18.27.220 Signs, marquees, awnings.

18.27.010 Purpose.

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

18.27.020 Permitted uses.

The following uses shall be permitted:

A. Accessory dwelling units consistent with Chapter 18.34.

B. Civic facilities.

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

Attachment 1 Exhibit A
City Council/RSA Agenda 22 Tuesday, November 22, 2022
2 1. Art studios;

2. Body art;

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

4. Business services;

5. Civic facilities;

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

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

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

9. Florists;

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

11. Food stores excluding convenience markets;

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

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

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

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

16. Office uses;

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

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

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

City Council/RSA Agenda 23 Tuesday, November 22, 2022
3 E. Office mixed use developments with ground floor commercial uses identified in Section 18.27.020 (C).

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

18.27.030 Conditional uses.

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

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

1. Child Day care facilities;

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

3. Outdoor activities located in private and public plazas;

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

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

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

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

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

2. Convenience markets;

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

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

5. Liquor stores;
City Council/RSA Agenda 24 Tuesday, November 22, 2022
4 7. Massage;

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

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

18.27.040 Accessory uses.

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

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

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

18.27.050 Tobacco products.

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

18.27.060 Performance standards.

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

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

C. Site shall be maintained in good order at all times and consistent with project conditions of approval (if applicable). This shall include, but is not limited to, maintenance and repair of all on-site structures including building façade materials or City Council/RSA Agenda 25 Tuesday, November 22, 2022
5 paint, fencing/walls, signage, paved areas including sidewalks and driveways, and landscaping, as may be necessary to preserve a high quality aesthetic for the area.

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

18.27.070 Walls, fences, and hedges.

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

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

18.27.080 Minimum site area.

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

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

18.27.100 Site floor area ratio.

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

18.27.110 Frontage, width and depth of site.

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

18.27.120 Lot coverage.

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

18.27.130 Front yard setback.

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

City Council/RSA Agenda 26 Tuesday, November 22, 2022
6 A. On Union City Boulevard, the front yard setback shall be five (5) feet from the property line and a minimum of fifteen (15) feet from the face of curb to ensure a comfortable pedestrian environment.

18.27.140 Side yard setback.

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

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

18.27.150 Rear yard setback.

No rear yard shall be required, except as follows:

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

18.27.160 Height of structures.

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

18.27.170 Design criteria.

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

A. General Criteria.

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

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

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

City Council/RSA Agenda 27 Tuesday, November 22, 2022
7 4. Development design should feature continuous building frontage unbroken by wide openings created by parking areas, and emphasis should be given to building and sidewalk amenities that will attract foot traffic.

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

6. Extensive landscaping should be provided along street frontages.

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

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

B. Smith Street Commercial Area Criteria.

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

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

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

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

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

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

C. Union City Boulevard Commercial Area Criteria.

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

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

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

City Council/RSA Agenda 28 Tuesday, November 22, 2022
8 4. Development design may feature varied setbacks to accommodate small garden courts and landscaped areas along the street frontage as a means of enhancing the street scene and encourage foot traffic.

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

18.27.180 Off-street parking.

Parking shall be required subject to the following:

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

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

18.27.190 Off-street loading.

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

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

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

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

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

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

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

City Council/RSA Agenda 29 Tuesday, November 22, 2022
9 18.27.220 Signs, marquees, awnings.

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

Chapter 18.35 CORRIDOR MIXED USE COMMERCIAL (CMU) DISTRICT

18.35.010 Purpose.

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

18.35.020 Permitted uses.

The following uses shall be permitted:

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

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

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

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

2. Business services;

3. Office uses;

4. Civic facilities;

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

6. Food stores, up to twenty-five thousand (25,000) square feet, excluding convenience markets;
City Council/RSA Agenda 30 Tuesday, November 22, 2022
10 7. General merchandise/retail stores, excluding adult business stores, clearance center/dollar stores, pawn shops, second hand/thrift stores, and retail tobacco stores;

8. Health clubs;

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

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

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

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

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

1. Any commercial use permitted in the CC District.

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

18.35.030 Conditional uses.

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

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

1. Child day care facilities;

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

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

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

5. Sidewalk cafés per Section 18.36.190;

6. Veterinary offices and small animal hospitals including short-term overnight boarding of animals for medical purposes and incidental care such as bathing and City Council/RSA Agenda 31 Tuesday, November 22, 2022
11 trimming, provided that all operations are conducted within a completely enclosed building;

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

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

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

2. Commercial recreation facilities;

3. Convenience markets;

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

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

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

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

8. Lodging, hotels and motels;

9. Massage;

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

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

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

City Council/RSA Agenda 32 Tuesday, November 22, 2022
12 C. Approval by City Council (refer to Chapter 18.56 for a detailed description of the use permit process).

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

18.35.040 Performance standards.

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

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

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

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

18.35.050 Walls, fences, and hedges.

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

18.35.060 Minimum site area.

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

18.35.070 Site area per dwelling unit.

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

18.35.080 Floor area ratio (FAR).

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

18.35.090 Frontage, width and depth of site.

Every lot shall have a minimum width of at least two hundred (200) feet and a minimum depth of one hundred fifty (100) feet. (Ord. 875-20 § 4, 2020) City Council/RSA Agenda 33 Tuesday, November 22, 2022
13 18.35.100 Lot coverage.

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

18.35.110 Front yard.

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

18.35.120 Side yards.

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

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

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

18.35.130 Rear yards.

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

18.35.140 Height of structures.

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

18.35.150 Design criteria.

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

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

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

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

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

City Council/RSA Agenda 34 Tuesday, November 22, 2022
14 E. Scale should be maintained in parking lots. Wherever feasible these should be located to the rear of buildings, and should be broken up by planted areas and shade trees to give a sense of human scale and provide amenities.

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

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

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

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

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

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

18.35.160 Distance between main structures.

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

18.35.170 Residential open space.

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

18.35.180 Signs, marquees, awnings.

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

18.35.190 Off-street parking.

Parking shall be required subject to the following:

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

B. Commercial Uses. Provide automobile and bicycle parking at commercial district standards per Section 18.36.150 (off-street parking in commercial districts). For City Council/RSA Agenda 35 Tuesday, November 22, 2022
15 commercial uses on the ground floor as part of a mixed use development, shared parking shall be evaluated on a case-by-case basis. (Ord. 875-20 § 4, 2020)

18.35.200 Off-street loading.

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

18.36.140. (Ord. 875-20 § 4, 2020)

18.35.210 Laundry facilities.

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

18.36.010 Use—Bulk regulations.

City Council/RSA Agenda 36 Tuesday, November 22, 2022
16 Use and bulk regulations applying specifically to commercial districts are set forth in this chapter. Regulations set forth in other chapters that apply to commercial districts include, but are not limited to:

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

18.36.015 Purpose.

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

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

C. CC District—Community Commercial. To stabilize, promote and improve the characteristics of the commercial business environment by providing adequate locations City Council/RSA Agenda 37 Tuesday, November 22, 2022
17 for stores, services and offices which fulfill the needs of the residents of the City as a whole.

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

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

18.36.050.

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

18.36.020 Permitted uses.

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

PERMITTED USES CP
A

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

X X X X
City Council/RSA Agenda 38 Tuesday, November 22, 2022
18 Educational and instruction uses (business, beauty,
computer, dance, martial arts, etc.) with an occupant load of less than fifty (50) through the Uniform Building Code

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

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

X X X X
Lodges and meeting halls X X
Lodging (hotel and motel) X
City Council/RSA Agenda 39 Tuesday, November 22, 2022
19 Miscellaneous small repair services (watches, clocks, jewelry, small countertop appliances)
X X
Miscellaneous limited retail typically found in office buildings or hotels
X X
Nurseries and garden stores (without outdoor storage) X X Office X X X X
Personal services (laundry, dry cleaning, beauty parlor, barbershop, nail salon, shoe repair, travel agency, tailor, photography studio, etc.)

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

X X X X
City Council/RSA Agenda 40 Tuesday, November 22, 2022
20 18.36.030 Conditional uses.

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

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

CONDITIONAL USES CP
A

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

X X X X
Outdoor dining/seating areas X X X X
Outdoor flower display along the street frontage of a
permanently established florist in Union City
X X
City Council/RSA Agenda 41 Tuesday, November 22, 2022
21 Veterinarian offices and small animal hospitals including short-term overnight boarding of animals for medical
purposes, provided that all operations are conducted within a completely enclosed building; there is sufficient air
conditioning and soundproofing to effectively confine odors and noise so as not to interfere with the public health, safety, and welfare; and there is no walking of animals outside of the property
X
Any other use determined by the Zoning Administrator to be essentially the same or very similar to the above permitted uses. In making this determination, the findings required under Section 18.52.060 shall be addressed

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

CONDITIONAL USES CP
A

CN CC CV
R
Adult business, only where located at least 1,000 feet away from a school, day care, or faith based facility
X
Arcades, computer gaming, pool rooms/halls X
Automotive sales—Used vehicles, permitted only in
conjunction with new car sales
X
Automobile washing, including the use of mechanical
conveyors, blowers and steam cleaners
X
City Council/RSA Agenda 42 Tuesday, November 22, 2022
22 Bars, comedy clubs, nightclubs, and lounges X X X
Body art X X
Check cashing X
Church uses with existing buildings built for and previously occupied by a church
X
Convenience markets X X
Cybercafé X X
Discount clubs X
Drive-in/drive-through uses X X
Entertainment and recreation uses with an occupant load of 50 or more through the Uniform Building Code
X X
Farmers markets, when coordinated in conjunction with the City or the Chamber of Commerce
X
Food, fast food/quick service restaurant, stand alone X X Guns and/or ammunition sales X
Health services (including, but not limited to: laboratories, drug treatment clinics, palm reading)
X X
City Council/RSA Agenda 43 Tuesday, November 22, 2022
23 Hospitals, sanitariums and nursing homes X X
Liquor stores X X
Lodging (hotel and motel) X
Lumber or other building materials with outdoor storage or display
X
Massage X X X
Mortuaries, crematoriums and funeral homes X
Nurseries and garden stores with outdoor storage X
Public utility and public service pumping stations, power stations, electrical substations, service groups and storage tanks
X X
Retail tobacco store, only where located more than 1,000 feet from another such use and a “sensitive use.” Distance shall be measured from the closest exterior wall of the structure or portion of the structure in which the use is located to the property line of the “sensitive use”
X
Service stations with the following operational characteristics:

1. All operations, except for the sale of gasoline and the washing of automobiles, are conducted in a building
enclosed on at least 3 sides, pump islands located no closer than 20 feet to any property line, and alcoholic beverages not sold on site
X X
City Council/RSA Agenda 44 Tuesday, November 22, 2022
24 2. Minor automobile service, such as engine tune-ups, oil change, tire sales and service, brake service and smog
check
X

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

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

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

X X X X

18.36.040 Tobacco products.

City Council/RSA Agenda 45 Tuesday, November 22, 2022
25 The sale, donation, or distribution of tobacco products, regardless of floor area, shall be prohibited within one thousand (1,000) feet of “sensitive uses.” Distance shall be measured from the closest exterior wall of the structure or portion of the structure in which tobacco is sold, donated, or distributed to the property line of the “sensitive use.” Service stations are exempt from the requirements of this section.

18.36.050 Required conditions.

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

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

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

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

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

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

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

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

City Council/RSA Agenda 46 Tuesday, November 22, 2022
26 H. Other provisions of this chapter notwithstanding, all storage, handling or other use of hazardous materials shall be subject to the provisions of Sections 18.40.410 through 18.40.450 of this title.

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

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

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

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

K. All wood burning appliances installed in new commercial buildings or wood burning appliances being added to or replacing wood burning appliances in existing commercial buildings shall comply with the following regulations. Commercial buildings shall include, but not be limited to, hotels and restaurants. Gas fireplaces shall be exempt from these regulations; however, the conversion of a gas fireplace to burn wood shall constitute the installation of a wood burning appliance and shall be subject to the following regulations.

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

2. It is unlawful to:
a. Use any wood burning appliance when the Bay Area Air Quality Management District issues a “Spare the Air Tonight” warning and when an alternate approved heat source is available;
b. Install a wood burning appliance that is not one of the following:
i. A pellet-fueled wood heater,
ii. An EPA certified wood heater, or
City Council/RSA Agenda 47 Tuesday, November 22, 2022
27 iii. A fireplace certified by EPA should EPA develop a fireplace certification program; c. Use any of the following prohibited fuels in a wood burning appliance:
i. Garbage,
ii. Treated wood,
iii. Plastic products,
iv. Rubber products,
v. Waste petroleum products,
vi. Paints,
vii. Paint solvents,
viii. Coal,
ix. Glossy or colored papers,
x. Particle board,
xi. Saltwater driftwood.

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

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

M. Accessory structures must conform to the following standards:

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

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

City Council/RSA Agenda 48 Tuesday, November 22, 2022
28 3. No detached accessory building located in a required rear yard shall exceed twelve (12) feet in height.

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

18.36.060 Site area.

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

18.36.070 Frontage, depth and width of site.

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

18.36.080 Coverage.

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

18.36.090 Front yard.

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

18.36.100 Side yards.

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

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

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

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

18.36.110 Rear yard.

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

City Council/RSA Agenda 49 Tuesday, November 22, 2022
29 A. In the CN district, a rear yard of not less than ten (10) feet shall be required.

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

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

18.36.120 Height of structures.

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

DISTRICT

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

18.36.140 Off-street loading.

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

Gross Floor Area Required Number
1 to 10,000 sq. ft. 1
10,001 to 25,000 sq. ft. 2
25,001 to 40,000 sq. ft. 3
40,001 to 100,000 sq. ft. 4
City Council/RSA Agenda 50 Tuesday, November 22, 2022
30 For each additional two hundred thousand (200,000) square feet of floor area or fraction thereof over one hundred thousand (100,000) square feet of floor area one (1) additional loading berth shall be provided.

18.36.150 Off-street parking.

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

A. Places of Assembly.

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

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

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

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

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

B. Office, Business, Commercial and Service Uses.

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

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

3. Medical and dental clinic and offices: one (1) space for every two hundred (200) square feet of gross floor area;
City Council/RSA Agenda 51 Tuesday, November 22, 2022
31 4. Offices, banks and professional offices: one (1) space for every two hundred (200) square feet of gross ground floor area and one (1) space for every three hundred (300) square feet of gross floor area above or below the ground floor;

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

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

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

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

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

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

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

E. Bicycle parking facilities shall be provided, at a minimum, in an amount equal to ten percent (10%) of the required automobile parking demand as determined by this chapter except for areas within one-half (1/2) mile of the Intermodal Station. For bicycle parking demand ratios in these areas, see subsection F of this section. Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080. The number of required bicycle parking facilities may be increased by the decision maker for a specific use if it is found that such use shall create a greater demand for these facilities. Bicycle parking may be substituted for City Council/RSA Agenda 52 Tuesday, November 22, 2022
32 automobile parking subject to the provisions outlined in Section 18.28.100 and approval by the decision maker.

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

18.36.160 Joint use of parking spaces.

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

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

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

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

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

18.36.170 Landscaping.

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

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

City Council/RSA Agenda 53 Tuesday, November 22, 2022
33 C. Site Coverage Requirements.

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

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

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

D. Landscape In-Lieu Fee.

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

E. Parking Lot Coverage.

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

18.36.180 Sidewalk café standards.

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

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

B. A six (6) foot-wide free and clear pedestrian walkway must be provided at all times along the public sidewalk. This walkway must provide for pedestrian access to doorways and crosswalks. Associated amenities for the outdoor dining and seating City Council/RSA Agenda 54 Tuesday, November 22, 2022
34 area, such as landscape planters, shall not encroach into the six (6) foot-wide pedestrian walkway.

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

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

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

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

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

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

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

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

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

City Council/RSA Agenda 55 Tuesday, November 22, 2022
35 K. A permit for a sidewalk café, or a copy thereof, shall be posted in plain view within the food service establishment for which the permit has been issued.

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

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

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

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

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

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

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

1. Amplified live music shall not be permitted outdoors.

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

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

4. Dance floors and stages shall be prohibited.

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

6. The maximum occupant load shall be clearly posted.

7. Windows shall remain clear and unobstructed.

City Council/RSA Agenda 56 Tuesday, November 22, 2022
36 8. A security plan addressing, at a minimum, security staffing, emergency exiting, staff training, and exterior site lighting shall be submitted for review and approval by the Police Department as part of the discretionary review.

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

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

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

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

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

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

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

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

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

City Council/RSA Agenda 57 Tuesday, November 22, 2022
37 F. Where parking lots are located to the rear of buildings, attractive rear entrances should be provided.

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

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

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

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

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

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

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

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

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

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

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

18.36.210 Special criteria for superstores.

Establishment of superstores shall be subject to the criteria outlined in the document entitled, “Policy Statement for Use Permit Review of Superstores.” City Council/RSA Agenda 58 Tuesday, November 22, 2022
1 Chapter 18.27 VILLAGE MIXED USE (VMU) DISTRICT
● 18.27.010 Purpose.
● 18.27.020 Permitted uses.
● 18.27.030 Conditional uses.
● 18.27.040 Accessory Uses
● 18.27.050 Tobacco products.
● 18.27.060 Performance standards.
● 18.27.070 Walls, fences, and hedges.
● 18.27.080 Minimum site area.
● 18.27.090 Density.
● 18.27.100 Site floor area ratio.
● 18.27.110 Frontage, width and depth of site.
● 18.27.120 Lot coverage.
● 18.27.130 Front yard setback.
● 18.27.140 Side yard setback.
● 18.27.150 Rear yard setback.
● 18.27.160 Height of structures.
● 18.27.170 Design criteria.
● 18.27.180 Off-street parking.
● 18.27.190 Off-street loading.
● 18.27.200 Landscaping.
● 18.27.210 Residential Open space.
● 18.27.220 Signs, marquees, awnings.

18.27.010 Purpose.

18.27.020 Permitted uses.

The following uses shall be permitted:

A. Accessory dwelling units consistent with Chapter 18.34.

B. Civic facilities.

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

Attachment 1 Exhibit B
City Council/RSA Agenda 59 Tuesday, November 22, 2022
2 1. Art studios;

2. Body art;

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

4. Business services;

5. Civic facilities;

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

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

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

9. Florists;

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

11. Food stores excluding convenience markets;

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

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

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

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

16. Office uses;

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

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

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

City Council/RSA Agenda 60 Tuesday, November 22, 2022
3 E. Office mixed use developments with ground floor commercial uses identified in Section 18.27.020 (C).

18.27.030 Conditional uses.

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

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

1. Child Day care facilities;

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

3. Outdoor activities located in private and public plazas;

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

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

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

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

2. Convenience markets;

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

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

5. Liquor stores;
City Council/RSA Agenda 61 Tuesday, November 22, 2022
4 7. Massage;

18.27.040 Accessory uses.

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

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

18.27.050 Tobacco products.

18.27.060 Performance standards.

C. Site shall be maintained in good order at all times and consistent with project conditions of approval (if applicable). This shall include, but is not limited to, maintenance and repair of all on-site structures including building façade materials or City Council/RSA Agenda 62 Tuesday, November 22, 2022
5 paint, fencing/walls, signage, paved areas including sidewalks and driveways, and landscaping, as may be necessary to preserve a high quality aesthetic for the area.

18.27.070 Walls, fences, and hedges.

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

18.27.080 Minimum site area.

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

18.27.100 Site floor area ratio.

18.27.110 Frontage, width and depth of site.

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

18.27.120 Lot coverage.

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

18.27.130 Front yard setback.

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

City Council/RSA Agenda 63 Tuesday, November 22, 2022
6 A. On Union City Boulevard, the front yard setback shall be five (5) feet from the property line and a minimum of fifteen (15) feet from the face of curb to ensure a comfortable pedestrian environment.

18.27.140 Side yard setback.

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

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

18.27.150 Rear yard setback.

No rear yard shall be required, except as follows:

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

18.27.160 Height of structures.

18.27.170 Design criteria.

A. General Criteria.

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

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

City Council/RSA Agenda 64 Tuesday, November 22, 2022
7 4. Development design should feature continuous building frontage unbroken by wide openings created by parking areas, and emphasis should be given to building and sidewalk amenities that will attract foot traffic.

6. Extensive landscaping should be provided along street frontages.

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

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

B. Smith Street Commercial Area Criteria.

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

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

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

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

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

C. Union City Boulevard Commercial Area Criteria.

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

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

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

City Council/RSA Agenda 65 Tuesday, November 22, 2022
8 4. Development design may feature varied setbacks to accommodate small garden courts and landscaped areas along the street frontage as a means of enhancing the street scene and encourage foot traffic.

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

18.27.180 Off-street parking.

Parking shall be required subject to the following:

18.27.190 Off-street loading.

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

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

18.27.200 Landscaping.

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

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

18.27.210 Residential Open space.

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

City Council/RSA Agenda 66 Tuesday, November 22, 2022
9 18.27.220 Signs, marquees, awnings.

Chapter 18.35 CORRIDOR MIXED USE COMMERCIAL (CMU) DISTRICT

18.35.010 Purpose.

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

18.35.020 Permitted uses.

The following uses shall be permitted:

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

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

2. Business services;

3. Office uses;

4. Civic facilities;

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

6. Food stores, up to twenty-five thousand (25,000) square feet, excluding convenience markets;
City Council/RSA Agenda 67 Tuesday, November 22, 2022
10 7. General merchandise/retail stores, excluding adult business stores, clearance center/dollar stores, pawn shops, second hand/thrift stores, and retail tobacco stores;

8. Health clubs;

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

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

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

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

1. Any commercial use permitted in the CC District.

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

18.35.030 Conditional uses.

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

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

1. Child day care facilities;

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

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

5. Sidewalk cafés per Section 18.36.190;

6. Veterinary offices and small animal hospitals including short-term overnight boarding of animals for medical purposes and incidental care such as bathing and City Council/RSA Agenda 68 Tuesday, November 22, 2022
11 trimming, provided that all operations are conducted within a completely enclosed building;

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

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

2. Commercial recreation facilities;

3. Convenience markets;

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

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

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

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

8. Lodging, hotels and motels;

9. Massage;

City Council/RSA Agenda 69 Tuesday, November 22, 2022
12 C. Approval by City Council (refer to Chapter 18.56 for a detailed description of the use permit process).

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

18.35.040 Performance standards.

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

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

18.35.050 Walls, fences, and hedges.

18.35.060 Minimum site area.

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

18.35.070 Site area per dwelling unit.

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

18.35.080 Floor area ratio (FAR).

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

0.3 and the maximum shall be 1.0 for standalone nonresidential uses. (Ord. 875-20 § 4, 2020)
City Council/RSA Agenda 70 Tuesday, November 22, 2022
13 18.35.090 Frontage, width and depth of site.

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

18.35.100 Lot coverage.

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

18.35.110 Front yard.

18.35.120 Side yards.

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

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

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

18.35.130 Rear yards.

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

18.35.140 Height of structures.

18.35.150 Design criteria.

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

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

City Council/RSA Agenda 71 Tuesday, November 22, 2022
14 D. Development designs should feature building frontages unbroken by wide openings created by parking areas, and emphasis should be given to building and sidewalk amenities that will attract foot traffic.

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

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

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

18.35.160 Distance between main structures.

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

18.35.170 Residential open space.

18.35.180 Signs, marquees, awnings.

18.35.190 Off-street parking.

Parking shall be required subject to the following:

A. Residential Use. Provide automobile and bicycle parking at residential district standards for the RM 1500 zoning district per Section 18.32.160, except that one City Council/RSA Agenda 72 Tuesday, November 22, 2022
15 hundred percent (100%) affordable rental developments may provide off-street parking pursuant to the standards contained in Section 18.32.160(B)(5).

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

18.35.200 Off-street loading.

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

18.36.140. (Ord. 875-20 § 4, 2020)

18.35.210 Laundry facilities.

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

City Council/RSA Agenda 73 Tuesday, November 22, 2022
16 ● 18.36.200 Special design and siting criteria for uses on Mission Boulevard. ● 18.36.210 Special criteria for superstores.

18.36.010 Use—Bulk regulations.

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

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

18.36.015 Purpose.

City Council/RSA Agenda 74 Tuesday, November 22, 2022
17 B. CN District—Neighborhood Commercial. To provide limited retail and convenience goods and services, with minimal associated impacts, to meet the day to day needs of the City’s residential neighborhoods.

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

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

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

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

18.36.050.

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

18.36.020 Permitted uses.

PERMITTED USES CP
A

CN CC CV
R
CS
Apparel and accessory stores X X X X
Automobile sales (new vehicles only) X
City Council/RSA Agenda 75 Tuesday, November 22, 2022
18 Bakeries with retail sales X X X
Banks/savings and loans (excluding check cashing
businesses)

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

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

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

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

X X X X X
City Council/RSA Agenda 76 Tuesday, November 22, 2022
19 Live music (non-amplified) at full service/sit down restaurants subject to the provisions of Section 18.36.195(A)

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

X X X X X
Pet grooming (no overnight boarding of animals) X X X
Public buildings and grounds X X X
Residential uses, within the Old Alvarado and Mission
Boulevard neighborhoods, located above ground floor
commercial uses
X X X
City Council/RSA Agenda 77 Tuesday, November 22, 2022
20 Seasonal sales lots for holiday trees and pumpkins subject to the provisions of the Policy Statement for the Regulation of Seasonal Sales Lots

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

X X X X X

18.36.030 Conditional uses.

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

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

CONDITIONAL USES CP
A

CN CC CV
R
CS
Automotive rental agencies with minor parking requirements, involving no automotive repair or vehicle washing on site X X X
Adult day care facilities X
Child day care facilities X X X X
Educational and instructional uses (business, beauty,
computer, dance, martial arts) with an occupant load of 50 or more through the Uniform Building Code
X X
City Council/RSA Agenda 78 Tuesday, November 22, 2022
21 Live music (amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(B)

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

X X X X X

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

CONDITIONAL USES CP
A

CN CC CV
R
CS
Adult business, only where located at least 1,000 feet away from a school, day care, or faith based facility
X
City Council/RSA Agenda 79 Tuesday, November 22, 2022
22 Arcades, computer gaming, pool rooms/halls X X
Automotive sales—Used vehicles, permitted only in
conjunction with new car sales
X
Automobile washing, including the use of mechanical
conveyors, blowers and steam cleaners
X
Bars, comedy clubs, nightclubs, and lounges X X X X
Body art X X
Check cashing X
Church uses with existing buildings built for and previously occupied by a church
X
Convenience markets X X X
Cybercafé X X X
Discount clubs X
Drive-in/drive-through uses X X
Entertainment and recreation uses with an occupant load of 50 or more through the Uniform Building Code
X X X
City Council/RSA Agenda 80 Tuesday, November 22, 2022
23 Farmers markets, when coordinated in conjunction with the City or the Chamber of Commerce
X X
Food, fast food/quick service restaurant, stand alone X X X Guns and/or ammunition sales X
Health services (including, but not limited to: laboratories, drug treatment clinics, palm reading)
X X
Hospitals, sanitariums and nursing homes X X
Liquor stores X X X
Lodging (hotel and motel) X
Lumber or other building materials with outdoor storage or display
X
Massage X X X X
Mortuaries, crematoriums and funeral homes X
Nurseries and garden stores with outdoor storage X
Public utility and public service pumping stations, power stations, electrical substations, service groups and storage tanks
X X X
City Council/RSA Agenda 81 Tuesday, November 22, 2022
24 Retail tobacco store, only where located more than 1,000 feet from another such use and a “sensitive use.” Distance shall be measured from the closest exterior wall of the structure or portion of the structure in which the use is located to the property line of the “sensitive use”
X
Service stations with the following operational characteristics:

X X

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

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

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

5. Gas station marketeers subject to the provisions of the Gas Station Marketeer Policy Statement
X X
Superstores X
City Council/RSA Agenda 82 Tuesday, November 22, 2022
25 Veterinarian offices and small animal hospitals including short-term overnight boarding of animals for medical
purposes, provided that that all operations are conducted within a completely enclosed building; there is sufficient air conditioning and soundproofing to effectively confine odors and noise so as not to interfere with the public health, safety, and welfare; and there is no walking of animals outside of the property
X
Any other use determined by the Planning Commission to be essentially the same or very similar to the above permitted uses. In making this determination, the findings required under Section 18.52.060 shall be addressed

X X X X X

18.36.040 Tobacco products.

18.36.050 Required conditions.

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

C. Outdoor storage of materials and equipment permitted through the issuance of a use permit shall occur only within an area which is screened from view from public City Council/RSA Agenda 83 Tuesday, November 22, 2022
26 rights-of-way by a solid wall or fence with solid gates where necessary, or compact evergreen hedge not less than six (6) feet in height; provided, that no materials or equipment shall be stored to a height greater than that of the wall, fence or hedge with the exception of live plant material.

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

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

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

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

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

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

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

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

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

City Council/RSA Agenda 84 Tuesday, November 22, 2022
27 MK. All wood burning appliances installed in new commercial buildings or wood burning appliances being added to or replacing wood burning appliances in existing commercial buildings shall comply with the following regulations. Commercial buildings shall include, but not be limited to, hotels and restaurants. Gas fireplaces shall be exempt from these regulations; however, the conversion of a gas fireplace to burn wood shall constitute the installation of a wood burning appliance and shall be subject to the following regulations.

2. It is unlawful to:
a. Use any wood burning appliance when the Bay Area Air Quality Management District issues a “Spare the Air Tonight” warning and when an alternate approved heat source is available;
b. Install a wood burning appliance that is not one of the following:
i. A pellet-fueled wood heater,
ii. An EPA certified wood heater, or
iii. A fireplace certified by EPA should EPA develop a fireplace certification program; c. Use any of the following prohibited fuels in a wood burning appliance:
i. Garbage,
ii. Treated wood,
iii. Plastic products,
iv. Rubber products,
v. Waste petroleum products,
vi. Paints,
City Council/RSA Agenda 85 Tuesday, November 22, 2022
28 vii. Paint solvents,
viii. Coal,
ix. Glossy or colored papers,
x. Particle board,
xi. Saltwater driftwood.

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

OM. Accessory structures must conform to the following standards:

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

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

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

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

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

18.36.060 Site area.

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

18.36.070 Frontage, depth and width of site.

City Council/RSA Agenda 86 Tuesday, November 22, 2022
29 No minimum site frontage, depth, and width shall be required.

18.36.080 Coverage.

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

18.36.090 Front yard.

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

18.36.100 Side yards.

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

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

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

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

18.36.110 Rear yard.

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

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

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

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

18.36.120 Height of structures.

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

City Council/RSA Agenda 87 Tuesday, November 22, 2022
30 DISTRICT

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

18.36.140 Off-street loading.

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

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

18.36.150 Off-street parking.

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

A. Places of Assembly.

City Council/RSA Agenda 88 Tuesday, November 22, 2022
31 1. Churches: one (1) space for each five (5) seats in main assembly room or one (1) space for each fifty (50) square feet of floor area, whichever requirement is greater;

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

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

B. Office, Business, Commercial and Service Uses.

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

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

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

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

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

6. Rest homes, convalescent hospitals, sanitariums: one (1) space for every four (4) beds plus one (1) space for every two (2) employees;
City Council/RSA Agenda 89 Tuesday, November 22, 2022
32 7. Retail sales of automobiles, automobile parts, appliances, furniture, machinery, equipment rental, building materials, nurseries, and other similar retail uses involving primarily bulk merchandise: one (1) space for each four hundred (400) square feet of gross floor area plus one (1) space for each two thousand (2,000) square feet of lot area occupied by such area;

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

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

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

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

F. For areas within one-half (1/2) mile of the Intermodal Station, bicycle parking facilities shall be provided, at a minimum, in an amount equal to twenty percent of the required automobile parking demand as determined by this chapter. A minimum of twenty percent (20%) of the required bicycle parking demand shall be enclosed and secure to accommodate long-term users. Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080. The number of required bicycle parking facilities may be increased by the decision maker for a specific use if it is found that such use shall create a greater demand for these City Council/RSA Agenda 90 Tuesday, November 22, 2022
33 facilities. Bicycle parking may be substituted for automobile parking subject to the provisions outlined in Section 18.28.100 and approval by the decision maker.

18.36.160 Joint use of parking spaces.

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

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

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

18.36.170 Landscaping.

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

C. Site Coverage Requirements.

City Council/RSA Agenda 91 Tuesday, November 22, 2022
34 3. Drive-in and drive-through establishments (gas stations, fast food, etc.) shall include landscaped areas that measure a minimum of twenty percent (20%) of the project site’s area. Excluding sidewalks and walkways, decorative hardscape surfaces and hardscape elements, can constitute up to five percent (5%) of the total requirement.

D. Landscape In-Lieu Fee.

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

E. Parking Lot Coverage.

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

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

A. General Criteria.

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

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

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

City Council/RSA Agenda 92 Tuesday, November 22, 2022
35 5. Scale should be maintained in parking lots. Wherever feasible these should be located to the rear of buildings, and should be broken up by planted areas and shade trees to give a sense of human scale and provide amenities.

6. Extensive landscaping should be provided along street frontages.

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

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

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

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

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

B. Smith Street Commercial Area Criteria.

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

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

City Council/RSA Agenda 93 Tuesday, November 22, 2022
36 4. Where parking lots are located to the rear of buildings, attractive rear entrances should be provided.

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

C. Union City Boulevard Commercial Area Criteria.

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

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

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

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

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

18.36.1890 Sidewalk café standards.

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

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

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

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

City Council/RSA Agenda 94 Tuesday, November 22, 2022
37 D. The canopies of umbrellas associated with outdoor tables must provide a minimum vertical clearance of seven (7) feet, unless the umbrella does not extend beyond the outside edge of the table, and shall not be located within nine (9) feet of the face of curb.

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

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

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

City Council/RSA Agenda 95 Tuesday, November 22, 2022
38 M. The permittee shall carry liability insurance in the amount of at least one million dollars ($1,000,000).

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

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

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

1. Amplified live music shall not be permitted outdoors.

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

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

4. Dance floors and stages shall be prohibited.

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

6. The maximum occupant load shall be clearly posted.

7. Windows shall remain clear and unobstructed.

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

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

City Council/RSA Agenda 96 Tuesday, November 22, 2022
39 10. The business owner and/or operator shall take reasonable actions necessary to inhibit loitering, shouting, fighting, and other activities that would disturb the peace.

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

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

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

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

City Council/RSA Agenda 97 Tuesday, November 22, 2022
40 H. Extensive landscaping should be provided along the street frontage.

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

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

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

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

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

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

18.36.210 Special criteria for superstores.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING ZONING MAP AMENDMENT (A-22-003) TO UPDATE THE ZONING MAP FOR CONSISTENCY WITH THE DRAFT 2023-2031 HOUSING ELEMENT WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and
WHEREAS, the City’s Zoning Ordinance (Title 18) currently regulates the uses allowed within the City.

PLANNING COMMISSION REVIEW
WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed amendments on October 20, 2022, at which time all interested parties had the opportunity to be heard. The Planning Commission considered a staff report dated October 20, 2020 and all written and oral testimony, and adopted Resolution No. 21-22 recommending approval of the Zoning Map amendments. The staff report and resolution are incorporated herein by reference; and

CITY COUNCIL REVIEW
WHEREAS, the City Council held a duly noticed public hearing on the proposed amendments on November 8, 2022, at which time all interested parties had the opportunity to be heard. The City Council considered a staff report dated November 8, 2022 (including background reports) and incorporated herein by reference, the Planning Commission recommendation, and all written and oral testimony before taking action on the amendments; and WHEREAS, the amendment to the Official Zoning Map includes the following components, as shown in Exhibit A, which is attached hereto and incorporated herein by reference:
 Rezoning APNs 475-141-13-2, 475-141-2, 87-36-148, and 87-36-149 from Neighborhood Commercial (CN) to Corridor Mixed Use (CMU)  Rezoning APNs 486-18-59, 486-18-60, 486-18-61, 486-18-62, 486-18-63, 486-18- 64, 486-18-65-2, 486-18-69, and 486-18-71 from Neighborhood Commercial (CN) to RM 1500
 Rezoning APN 486-18-70 from R 5000 to RM 1500
 Rezoning APN 486-6-30 from Community Commercial (CC) to Corridor Mixed Use (CMU)
 Rezoning APN 483-10-12-1 from RS 6000 to RM 2500
 Rezoning APNs 483-10-22-3, 483-10-21-1, 483-10-20, and 483-10-19-1 and all other parcels currently zoned Specialty Commercial (CS) to Village Mixed-Use (VMU)
 Rezoning APN 482-27-16-1 from Light Industrial (ML) to RM 1500 City Council/RSA Agenda 99 Tuesday, November 22, 2022
Ordinance No. XXX-22
A-22-003

Page 2 ends

 Rezoning APNs 483-5-11-2, 483-5-12, 483-5-9-2, 483-5-10, 483-5-7-7, and 483- 5-8-1 from Special Industrial (MS) to Village Mixed-Use (VMU) THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS:

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

SECTION 2. CEQA. The City Council adopted Resolution 6034-22, dated November 8, 2022 and incorporated herein by reference, adopting an Addendum to the 2040 General Plan Environmental Impact Report for the Draft 2023-2031 Housing Element Amendments.

SECTION 3. Findings. The City Council makes the following findings in support of approving this Ordinance, based on the whole of the record before it.

1. The proposed Zoning Map Amendments are consistent with the General Plan,

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

SECTION 4. Approval. The City Council hereby approves the amendments to the Official Zoning Map, as described above and as shown in attached Exhibit A, which is incorporated herein by reference and available for review in the City Clerk’s office during normal business hours.

City Council/RSA Agenda 100 Tuesday, November 22, 2022
Ordinance No. XXX-22
A-22-003

Page 3 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 22nd 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 101 Tuesday, November 22, 2022
Attachment 2 Exhibit A
1 Zoning Amendment Figures
Existing Zoning: Neighborhood
Commercial (CN)
Proposed Zoning: Corridor Mixed Use
(CMU)
SITE LM-7: WHIPPLE AND LISTON WAY
ADDRESS: 1780 WHIPPLE RD
475-141-13-2 475-141-13-2
Existing Zoning: Neighborhood
Commercial (CN)
Proposed Zoning: Corridor Mixed Use
(CMU)
SITE LM-8: WHIPPLE AND MEDALLION DRIVE
ADDRESS: 1800 WHIPPLE RD
475-141-2 475-141-2
City Council/RSA Agenda 102 Tuesday, November 22, 2022
Attachment 4 Exhibit A
2 SITE LM-10: MISSION AND TAMARACK DRIVE SITE
ADDRESS: 33090 MISSION BOULEVARD
Existing Zoning: Neighborhood
Commercial (CN)
Proposed Zoning: Corridor Mixed Use
(CMU)
87-36-148 87-36-148
87-36-149 87-36-149
Existing Zoning: Neighborhood
Commercial (CN) & R 5000
SITE LM-9: WHIPPLE/CEMEX SITE
ADDRESS: 920, 900, 884, 854, 884 WHIPPLE ROAD
Proposed Zoning: RM 1500
486-18-69
486-18-61
486-18-70
486-18-71
486-18-63
486-18-62
486-18-60
486-18-59
486-18-69
486-18-61
486-18-70
486-18-71
486-18-63
486-18-62
486-18-60
486-18-59
486-18-65-2
486-18-64
486-18-65-2
486-18-64
City Council/RSA Agenda 103 Tuesday, November 22, 2022
Attachment 4 Exhibit A
3 SITE LM-11: MISSION AND F STREET SITE
ADDRESS: 33549 MISSION BOULEVARD
Existing Zoning: Community Commercial
(CC)
Proposed Zoning: Corridor Mixed Use
(CMU)
486-6-30 486-6-30
SITE LM-12: VALLEJO ST. AND GRANGER AVE. SITE
ADDRESS: 30793 VALLEJO STREET
Existing Zoning: RS 6000 Proposed Zoning: RM 2500
483-10-12-1 483-10-12-1
City Council/RSA Agenda 104 Tuesday, November 22, 2022
Attachment 4 Exhibit A
4 Existing Zoning: Specialty Commercial
(CS)
Proposed Zoning: Village Mixed Use
Commercial (VMU)
SITE LM-13: SMITH STREET SITE
ADDRESS: 3995, 3969, 3955 SMITH STREET
483-10-22-3
483-10-19-1
483-10-21-1 483-10-20
483-10-22-3
483-10-19-1
483-10-21-1 483-10-20
Existing Zoning: Light Industrial (ML) Proposed Zoning: RM 1500 SITE LM-14: DIAMOND MINE MINI-STORAGE SITE
ADDRESS: 4400 HORNER STREET
482-27-16-1 482-27-16-1
City Council/RSA Agenda 105 Tuesday, November 22, 2022
Attachment 4 Exhibit A
5 SITE LM-15: UNION CITY BOULEVARD SITE
ADDRESS: 30500-30600 UNION CITY BOULEVARD
Existing Zoning: Special Industrial (MS) Proposed Zoning: Village Mixed Use Commercial (VMU)
City Council/RSA Agenda 106 Tuesday, November 22, 2022
Agenda Item
DATE: 11/22/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITYOF UNION CITYAMENDING CHAPTER 2.04, CITY COUNCIL, OF THE

UNION CITY MUNICIPAL CODE
On November 8, 2022, the City Council introduced an ordinance to amend Chapter 2.04 to the Union City Municipal Code to clarify the roles and responsibilities of presiding officer duties and to address the practical needs of the City Council in order to conduct efficient and effective meetings.

The City Council may now waive the full reading of the text of the ordinance and adopt the attached ordinance amending Chapter 2.04 “City Council” of the Union City Municipal Code.

STRATEGIC PLAN ALIGNMENT
This item is related to Goal B. Governance and Organization Effectiveness, of the Strategic Plan.

BACKGROUND
On August 9, 2022, the City Council directed the Legislation and Policy Committee (the “Committee”) to consider revisions to Chapter 2.04 of the Union City Municipal Code to clarify roles and responsibilities related to presiding officer duties. The City Council sought particular clarity related to the now more prominent use of teleconferencing (or virtualattendance) at City Council meetings.

As a result of that direction, the Committee held multiple meetings to review Chapter 2.04 in generalas wellas the provision of Chapter 2.04 governing the designation of a presiding officer and the circumstances under which the presiding officer would operate. Following review, the Committee recommended that the City Councilconsider a number of revisions to the Code related to procedures and meeting locations.

On November 8, 2022, the City Council voted unanimously to introduce an ordinance amending Chapter 2.04 of the Municipal Code to incorporate the Committee’s recommendations.

DISCUSSION
City Council/RSA Agenda 107 Tuesday, November 22, 2022
The proposed ordinance would update the Code to clarify when an individual is eligible to serve as presiding officer during City Council meetings as directed by the City Council. The proposed ordinance would also add a provision that allows the City Council to select a Mayor Pro Tem to serve in the absence of the Mayor or Vice Mayor. Other proposed revisions include:
- Where quorum of Council is meeting in person, the presiding officer will be member of Council participating in person
- Where quorum of Council is participating remotely, the line of succession for presiding officer would remain the same: Mayor, Vice Mayor, Mayor Pro Tem
- Revising the meeting location to a location designated by the City rather than the fixed location of City Hall - Revising the meeting start time to allow meetings to begin at the hour set or “as soon thereafter” to provide flexibility and practicalapplication
- Remove provisions regarding adjournment and reading of minutes - Modify provisions related to removal of members of public from meeting

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

RECOMMENDATION
Staff recommends that the City Council waive further reading and adopt the ordinance amending Chapter 2.04 of the Municipal Code.

Prepared by:

Erica Gonzalez, Attorney
Submitted by:

Kristopher J. Kokotaylo, City Attorney
ATTACHMENTS:

Description Type
Chapter 2.04 Ordinance Ordinance
Chapter 2.04 ExA Exhibit
City Council/RSA Agenda 108 Tuesday, November 22, 2022
ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UNION CITY AMENDING CHAPTER 2.04, CITY COUNCIL,

OF THE UNION CITY MUNICIPAL CODE
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 Council directed the Legislation and Policy Committee (the “Committee”) to propose revisions to Chapter 2.04 of the Union City Municipal Code (the “Code”) and/or the establishment of any other policies and procedures to account for the practical needs of the City Council and the need to conduct efficient and effective meetings; and WHEREAS, the Committee has conducted a comprehensive review of Chapter 2.04 of the Code and recommended that the City Council consider revisions; and WHEREAS, the City Council has considered the proposed revisions and finds them to be in order and in the best interests of the City; and
WHEREAS, the City Council desires to amend the Code to effectuate the proposed revisions to Chapter 2.04.

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

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

SECTION 2. CEQA. Approval of the amendments is exempt from environmental review in accordance with California Environmental Quality Act Guidelines section 15061(b)(3), the general exemption for projects with no potential for significant effect on the environment. As a series of text amendments and additions, it can be seen with certainty that there is no possibility that the Municipal Code Amendment will have a significant effect on the environment.

SECTION 3. Municipal Code Amendment. The City Council hereby approves the amendments to the Code, more particularly, amending Chapter 2.04 as shown in attached Exhibit A with additions in underline and removed text with strikethrough, which is incorporated herein by reference and available for review in the City Clerk’s office during normal business hours.

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 City Council/RSA Agenda 109 Tuesday, November 22, 2022
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 110 Tuesday, November 22, 2022
Article I. Meetings

2.04.010 Time.

The City Council shall, by resolution, set the day and time of regular meetings of the City Council. However, when the day fixed by resolution for any regular meeting of the City Council falls on a day designated by law as a legal or national holiday, Christmas Eve or New Years Eve, there shall be no meeting; provided, however, that the fourth Tuesday after the first Monday in November in election years is a regular meeting day of the City Council.

2.04.020 Place.

All regular meetings of the City Council shall be held at a location designated by the City.

2.04.030 Adjourned meetings.

The City Council may adjourn any regular, regular adjourned, special or adjourned special meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to time. If all members are absent from any regular or regular adjourned meeting the City Clerk may declare the meeting adjourned to a stated time and place; and shall cause a written notice of the adjournment to be given in the same manner as provided in Section 54956 of the Government Code for special meetings, unless such notice is waived as provided for special meetings. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, regular adjourned, special or adjourned special meeting was held within twenty-four hours after the time of the adjournment. When a regular or regular adjourned meeting is adjourned as provided in this section, the resulting regular adjourned meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings by ordinance, resolution, bylaw or other rule.

2.04.040 Special meetings.

A special meeting may be called at any time by the presiding officer of the City Council or by a majority of the members of the City Council by delivering personally or by mail written notice to each member of the legislative body and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice.

The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings by the City Council. Such written notice may be dispensed with to any member who at or prior to the time the meeting convenes files with the City Clerk a written waiver of notice. Such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes.

2.04.050 Continued hearings.

City Council/RSA Agenda 111 Tuesday, November 22, 2022
Any hearing being held, noticed or ordered to be held, by the City Council at any meeting may by order of notice of continuance be continued or recontinued to any subsequent meeting of the City Council in the same manner and to the same extent set forth in Section 54955 of the Government Code for the adjournment of meetings; provided, that if the hearing is continued to a time less than twenty-four hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following the meeting at which the order or declaration of continuance was adopted or made.

2.04.060 Reserved.

Article II. Agenda

2.04.070 Matters on agenda.

All reports, communications, ordinances, resolutions, documents or other matters to be submitted to the City Council shall be delivered to the City Clerk. All items submitted for Council consideration or action must be in the hands of the City Clerk at a time to be established by him/her. The City Clerk shall arrange a list of the matters to be brought before the City Council according to the order of business and furnish each member of the City Council, the City Attorney and the City Manager with a copy of the agenda seventy-two hours in advance of a regular meeting and twenty-four hours in advance of a special meeting. No matter may be considered by the City Council other than those matters on the agenda except for actions determined by a majority of the City Council to be of an emergency nature and which arose after publication of the agenda.

2.04.075 Posting requirements—Exceptions.

A. At least seventy-two hours before a regular or regular adjourned meeting, and at least twenty-four hours before a special meeting, the City Council or any commission, committee or board of the City, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting. The agenda shall specify the time and location of the meeting and shall be posted in a location that is freely accessible to members of the public and on the City’s website. No action shall be taken on any item not appearing on the posted agenda.

B. Notwithstanding subsection A of this section, City Council or any commission, committee or board of the City may take action on items of business not appearing on the posted agenda under any of the following conditions:

1. Upon a determination by a majority vote of the Legislative Body that an emergency situation exists, as defined by Section 54956.5 of the Government Code of the State of California;

2. Upon a determination by four-fifths of the Legislative Body or, if less than fourfifths of the members are present, a unanimous vote of those members present constituting a quorum, that the need to take action arose subsequent to the agenda being posted as specified in subsection A of this section;
City Council/RSA Agenda 112 Tuesday, November 22, 2022

3. The item was posted pursuant to subsection A of this section for a prior meeting of the Legislative Body occurring not more than five calendar days prior to the date action was taken on the item and at the prior meeting the item was continued to the meeting at which action is being taken.

Article III. Procedure

2.04.080 Officers.

The City Council shall meet on the second Tuesday in December following a consolidated municipal election in November, for the purpose of administering the oath of office to newly elected councilmembers, and shall meet on the second Tuesday in December of each year or as soon thereafter as practicable to choose one of its members as Vice Mayor. The Mayor shall preside at the meetings of the Council. If the Mayor is absent or unable to act, the Vice Mayor shall serve until the Mayor returns or is able to act. If both the Mayor and Vice Mayor are absent or unable to act the Council shall elect a Mayor Pro Tem to serve until the Mayor or Vice Mayor returns or is able to act. The Vice Mayor or, in the absence of the Vice Mayor, the Mayor Pro Tem, has all the powers and duties of the Mayor. The Vice Mayor or, in the absence of the Vice Mayor, the Mayor Pro Tem, shall act as the Presiding Officer. In the event that a quorum of the Council is participating in person, the Presiding Officer shall be a member of the Council that is participating in person. The Presiding Officer shall preserve strict order and decorum at all meetings of the Council. The Presiding Officer shall state every question coming before the Council, announce the decision of the Council and decide all questions of order; subject, however, to an appeal to the Council, in which event a majority vote of the Council shall govern and conclusively determine such questions of order.

2.04.090 Call to order—Roll call.

The Mayor shall take the chair at the hour appointed for the meeting, or as soon thereafter as possible, and shall call the Council to order.

2.04.100 Quorum—Adjournment— Attendance.

A majority of the Council constitutes a quorum for transaction of business. Less than a majority may adjourn from time to time.

2.04.110 Order of business.

All meetings of the Council shall be open to the public. At the hour set by law on the day of each regular meeting, or as soon thereafter as possible, the members of the Council, the City Clerk and the City Attorney shall take their places in the Council chambers and the business of the Council shall be taken up for consideration and disposition as established by City Council resolution.

City Council/RSA Agenda 113 Tuesday, November 22, 2022
Article IV. Rules of Debate

2.04.140 Rights of Mayor.

The Mayor may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members, and shall not be deprived of any of the rights and privileges of a Councilmember by reason of his or her acting as the presiding officer.

2.04.150 Getting recognition of chair—Procedure.

Every member desiring to speak shall address the chair; and, upon recognition by the presiding officer, shall confine themselves to the question under debate, avoiding all personalities and indecorous language. During Council discussion and debate, Councilmembers shall stay focused on the agenda item or issue at hand. The presiding officer shall insist on compliance with this policy. During the discussion or debate, Councilmembers shall refrain from directly addressing each other and shall direct their comments through the presiding officer.

2.04.160 Interruptions.

A member, once recognized, shall not be interrupted when speaking unless it is to call him/her to order, or as otherwise provided in this chapter. If a member, while speaking, is called to order, he/she shall cease speaking until the question of order has been determined, and, if in order, shall be permitted to proceed.

2.04.170 Reserved.

2.04.175 Conduct of debate.

Councilmembers shall conduct themselves consistent with the rules of debate provided for including those requiring that every member desiring to speak shall address the chair and upon the recognition by the presiding officer shall confine himself/herself to the question or issue under debate avoiding all personalities and indecorous language and shall not be interrupted when speaking unless it is to call him/her to order.

2.04.180 Motion to reconsider.

A motion to reconsider any action taken by the Council may be made only on the day such action was taken. It may be either immediately during the same session or at a recessed or adjourned session thereof. Such motion must be made by one of the prevailing side, but may be seconded by any member, and may be made at any time and have precedence over all other motions. Such motion shall be debatable. Nothing in this section shall be construed to prevent any member of the Council from making or remaking the same or any other motion at a subsequent meeting of the Council.

2.04.190 Reserved.

2.04.200 Reserved.

2.04.205 Rules of conduct as guidance.

City Council/RSA Agenda 114 Tuesday, November 22, 2022
Rules of debate are for the guidance of the presiding officer to ensure the orderly conduct of business before the City Council. Conduct of a Councilmember is not a violation unless it also violates Section 2.04.270.

Article V. Addressing City Council or City Commissions, Committees or Boards

2.04.210 Addressing City Council or City commissions, committees or boards.

A. Every agenda for regular or regular adjourned meetings shall provide an opportunity for members of the public to directly address the City Council or any commission, committee or board of the City on items of interest to the public that are within the subject matter jurisdiction of the Legislative Body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subsection B of Section

2.04.075.

B. The Legislative Body may adopt reasonable regulations to ensure that the intent of subsection A of this section is carried out, including but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker.

Article VI. Voting

2.04.240 Publicly reporting voting.

Each member of the Council shall publicly report his/her vote.

Article VII. Decorum

2.04.250 Council—Required.

While the Council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay nor interrupt the proceedings or the peace of the Council nor disturb any members while speaking or refuse to obey the orders of the Council or its presiding officer, except as otherwise provided in this chapter.

2.04.260 Public addressing Council.

In the event that any meeting is willfully interrupted by a person or a group of persons so as to render the orderly conduct of such meeting unfeasible, those individuals may be removed from the meeting room at the order of the presiding officer, unless permission to continue is granted by a majority vote of the Council.

2.04.270 Violation of decorum—Penalty.

The Chief of Police, or such members of the Union City Police Department as may be designated by the Chief of Police, shall be sergeant-at-arms of the Council meetings and shall be present at such meetings when requested by the Mayor or City Manager. He/she, or they, shall City Council/RSA Agenda 115 Tuesday, November 22, 2022
carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meeting. Any member of the Council or other person willfully interrupting a meeting so as to render the orderly conduct of such meeting unfeasible is guilty of committing a misdemeanor. The penalty for such misdemeanor, after conviction, shall be punished as provided in Chapter 1.16.

2.04.280 Willful interruption.

In the event that any meeting is willfully interrupted by a person, group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the City Council conducting the meeting may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section and Section

2.04.270. Nothing in this section or Section 2.04.270 shall prohibit the City Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.

2.04.285 Signs, placards, banners.

No person shall display a hand-held sign, placard or banner within the City Council Chambers during any Council meeting, which obstructs the view of any person within the Chambers, or which disrupts, disturbs or otherwise impedes the orderly conduct of the meeting.

Article VIII. Committees

2.04.290 Special committees.

All special committees shall be appointed by the presiding officer, unless otherwise directed by the Council.

2.04.300 Standing committees.

The Council may appoint standing committees and the rules of proceedings in the Council shall be observed in the committee, as far as may be applicable.

2.04.305 Ad hoc committees.

The Council may appoint a temporary advisory committee composed solely of less than a quorum of the Council for a limited or single purpose that is not perpetual and will dissolve upon completion of its specific task. Ad hoc committees are not subject to the open meeting requirements of the Ralph M. Brown Act.
(Remainder of Chapter 2.04 excluded as no proposed changes to the remaining Articles) City Council/RSA Agenda 116 Tuesday, November 22, 2022
Agenda Item
DATE: 11/22/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITY ATTORNEY
SUBJECT: WAIVE FURTHER READING AND ADOPTION OF ORDINANCE APPROVING ZONING TEXT AMENDMENT, AT-22-007,
AMENDING CHAPTER 18.36, “COMMERCIAL DISTRICTS”, AND
CHAPTER 18.117, “COMMERCIAL CANNABIS BUSINESSES,” OF THE

UNION CITY MUNICIPAL CODE TO AUTHORIZE CANNABIS

DISPENSARY USES IN THE NEIGHBORHOOD COMMERCIAL (CN)

DISTRICT, COMMUNITY COMMERCIAL (CC) DISTRICT, VISITOR AND

RECREATION COMMERCIAL (CVR) DISTRICT, AND THE

PROFESSIONAL & ADMINISTRATIVE COMMERCIAL (CPA) DISTRICT AND AMENDING SECTION 5.44.050, “STANDARDS FOR COMMERCIAL CANNABIS DISPENSARIES”
Staff recommends that the City Council waive the second reading of and adopt the attached Ordinance (Attachment 1) approving Zoning Text Amendment, AT-22-007. The proposed amendment will modify Chapter 18.36, “Commercial Districts”, and Chapter 18.117, “Commercial Cannabis Businesses,” of Title 18, “Zoning”, of the Municipal Code to allow the cannabis dispensary/retail use in the Neighborhood Commercial (CN) District, Community Commercial (CC) District, Visitor and Recreation Commercial (CVR) District, and the Professional and Administrative Commercial (CPA) District, subject to all existing regulatory and licensure requirements. In addition the proposed Ordinance would amend Municipal Code Section 5.44.050 to eliminate the prohibition on cannabis dispensaries being located within 100 feet of a residentialzoning district.

On November 8, 2022, the City Council held a public hearing to consider the proposed Ordinance. After the conclusion of the public hearing, the City Council voted 4-1 to introduce the proposed Ordinance.

STRATEGIC PLAN ALIGNMENT
The proposed ordinance is consistent with Strategic Plan Goal C:“Economic, Community Development and Public Safety - Institute forward-thinking business, land use development, housing, social services, and public safety strategies that promote community growth and innovation.” City Council/RSA Agenda 117 Tuesday, November 22, 2022

BACKGROUND
Applicant for a state commercial cannabis license must first obtain local approval for a commercial cannabis use prior to receiving state approval and cannot submit an application for a state license if the proposed cultivation violates a local ordinance. The City Council has previous amended the Municipal Code to allow commercial cannabis uses, including manufacturing, testing, distribution, cultivation, dispensary, and microbusinesses, to operate in the ML (Light Industrial) District and MS (Special Industrial) District. In 2020, the City Council further amended the Municipal Code to allow one (1) cannabis dispensary in the Union Landing Commercial (CUL) District.

Commercial cannabis uses are prohibited from operating in the City except in accordance with Chapter 5.44, which establishes the regulatory and licensure requirements for commercial cannabis uses. The City Council has previously authorized three (3) cannabis permits for a dispensary/retail use. There are currently two entities that have permits issued through this process, Lemonnade (located at 30545 Union City Boulevard) and Flor (located at 31000 Courthouse Drive). The proposed ordinance would not authorize any new cannabis permits.

Given the significant shortage of available space in the City’s industrial districts, potential applicants and other interested parties have expressed interest in being able to open a cannabis dispensary in other commercial districts in the City. There is one permit available for a cannabis dispensary use, and the proposed Ordinance would not authorize any new cannabis permits.

DISCUSSION
The Municipal Code currently allows commercial cannabis uses, including manufacturing, testing, distribution, cultivation, dispensary, and microbusinesses, in the ML (Light Industrial) District and MS (Special Industrial) District. Additionally, the cannabis dispensary/retail use in allowed the Union Landing Commercial (CUL) District (with a limitation of one business maximum in this District).

The proposed amendment would allow cannabis dispensary/retail use in the Neighborhood Commercial (CN) District, Community Commercial (CC) District, Visitor and Recreation Commercial (CVR) District, and the Professional and Administrative Commercial (CPA) District, subject to all existing regulatory and licensure requirements. Although the amendments would permit the cannabis dispensary use, any business wishing to operate a cannabis dispensary use would be required to obtain a permit from the City. The City Council has the authority to decide when applications for such permits will be accepted, and the Council recently decided to accept applications to award previously authorized cannabis permits. There is currently only one (1) permit available for a new cannabis dispensary. The proposed Ordinance would not authorize any additional cannabis permits. The City Council has previously adopted procedures governing how such permits will be awarded in order to ensure that permits are awarded to the most qualified applicants.

All cannabis dispensaries are subject to the operating requirements in Municipal Code Chapter 5.44. Section

5.44.050 currently prohibits a cannabis dispensary from being located within 100 feet of a residential zoning district. However, the overwhelming majority of sites in the CN, CC, CVR, and CPA Districts are within 100 feet of a residential zoning district. To ensure that the a cannabis business can successfully located in these areas, the proposed Ordinance would also eliminate this 100 foot buffer. Cannabis dispensaries would continue to be prohibited in residential districts and on sites with a residential use, as well as near schools, child care facilities, parks, libraries, and youth centers.

Each cannabis permit is for a specific location. Accordingly, staff and the City Council will have the ability to evaluate the appropriateness of all specific proposed locations within the identified commercial districts to ensure they would be compatible with neighboring uses, including any residential structures.

With approval of the proposed amendments, the cannabis dispensary use will be permitted and regulated in the CN, CC, CVR, and CPA Districts, pursuant to the City’s regulations and California law.

City Council/RSA Agenda 118 Tuesday, November 22, 2022

FISCAL IMPACT
There is no direct fiscal impact from adopting the proposed amendments to the Municipal Code.

RECOMMENDATION
Staff recommends that the City Council waive the second reading of and adopt the attached Ordinance (Attachment 1) to amend Chapter 18.36, “Commercial Districts”, and Chapter 18.117, “Commercial Cannabis Businesses,” of Title 18, “Zoning”, of the Municipal Code to allow the cannabis dispensary/retail use in the Neighborhood Commercial (CN) District, Community Commercial (CC) District, Visitor and Recreation Commercial (CVR) District, and the Professional and Administrative Commercial (CPA) District, and to amend Municipal Code Section 5.44.050, “Standards for Commercial Cannabis Dispensaries.” Prepared by:

ALEX MOG, DEPUTY CITYATTORNEY
Submitted by:

Kristopher J. Kokotaylo, CityAttorney
ATTACHMENTS:

Description Type
Cannabis Ordinance Ordinance
City Council/RSA Agenda 119 Tuesday, November 22, 2022
ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UNION CITY APPROVING ZONING TEXT AMENDMENT, AT-22-007, AMENDING CHAPTER 18.36, “COMMERCIAL DISTRICTS”, AND CHAPTER 18.117, “COMMERCIAL CANNABIS BUSINESSES,” OF THE UNION CITY MUNICIPAL

CODE TO AUTHORIZE THE CANNABIS DISPENSARY USE IN THE

NEIGHBORHOOD COMMERCIAL (CN) DISTRICT, COMMUNITY COMMERCIAL (CC) DISTRICT, VISITOR AND RECREATION COMMERCIAL (CVR) DISTRICT,

AND THE PROFESSIONAL & ADMINISTRATIVE COMMERCIAL (CPA) DISTRICT AND AMENDING SECTION 5.44.050, “STANDARDS FOR COMMERCIAL CANNABIS DISPENSARIES”
WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and
WHEREAS, in November 2016, California voters passed Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act (“AUMA”), legalizing recreational cannabis use for adults 21 years of age and older with certain restrictions; and WHEREAS, the AUMA creates a comprehensive regulatory and licensing structure for commercial nonmedical cannabis businesses, including cultivation, manufacturing and retail; and WHEREAS, in order to implement the AUMA, and to address inconsistencies and other issues between the AUMA and existing law, the Legislature created the Bureau of Cannabis Control, which is responsible for adopting and enforcing regulations, as well as issuing state licenses for all of the various license types; and
WHEREAS, none of the various cannabis related laws prevent the City from enacting nuisance and land use regulations regarding cannabis, or prohibiting commercial cannabis uses completely; and
WHEREAS, the City regulates all commercial cannabis uses operating in the City in a manner that mitigates potential negative impacts, prevents cannabis from reaching minors or the illicit market, preserves public health and safety, protects the environment, drives diverse economic opportunities, and implements the City’s General Plan; and WHEREAS, an applicant for a state commercial cannabis license must first obtain local approval prior to receiving state approval and cannot submit an application for a state license if the proposed cannabis business violates a local ordinance; and WHEREAS, the City Council has previous amended the Municipal Code to allow commercial cannabis uses, including manufacturing, testing, distribution, cultivation, dispensary, City Council/RSA Agenda 120 Tuesday, November 22, 2022
and microbusinesses, to operate in the ML (Light Industrial) District and MS (Special Industrial) District; and
WHEREAS, in 2020, the City Council further amended the Municipal Code to allow one (1) cannabis dispensary in the Union Landing Commercial (CUL) District.

WHEREAS, the City Council previously conducted application processes for a limited number of commercial cannabis permits in certain use categories; and WHEREAS, interested parties and applicants have expressed an interest in being able to open a cannabis dispensary in the City’s commercial districts, given the significant shortage of available space in the City’s industrial districts; and WHEREAS, the proposed amendments to the Zoning Code would allow the cannabis dispensary/retail use in use in the Neighborhood Commercial (CN) District, Community Commercial (CC) District, Visitor and Recreation Commercial (CVR) District, and the Professional and Administrative Commercial (CPA) District, subject to all existing regulatory and licensure requirements; and
WHEREAS, the proposed Ordinance would also amendment Municipal Code section

5.44.050 to eliminate the prohibition on cannabis dispensaries being located within 100 feet of a residential zoning district; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed Municipal Code Amendments on October 20, 2022 at which time all interested parties had the opportunity to be heard. The Planning Commission considered a staff report dated October 20, 2022 and all written and oral testimony; and
WHEREAS, the Planning Commission by a 3-1 vote recommended to the City Council adoption of the proposed amendments to the Zoning Code; and WHEREAS, the proposed Ordinance would also amendment Municipal Code section

5.44.050 to eliminate the prohibition on cannabis dispensaries being located within 100 feet of a residential zoning district; and
WHEREAS, the City Council held a duly noticed public hearing on the proposed Municipal Code Amendments on November 8, 2022 at which time all interested parties had the opportunity to be heard. The City Council considered the Planning Commission recommendation and all written and oral testimony; and
WHEREAS, the City Council desires to amending the Zoning Code to permit the cannabis dispensary use in the allow the cannabis dispensary/retail use in use in the Neighborhood Commercial (CN) District, Community Commercial (CC) District, Visitor and Recreation Commercial (CVR) District, and the Professional and Administrative Commercial (CPA) District.

City Council/RSA Agenda 121 Tuesday, November 22, 2022

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UNION CITY DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Recitals.

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

SECTION 2. Municipal Code Amendment Chapter 5.44.040.

Section 5.44.050(E), “Standards for Commercial Cannabis Dispensaries,” of the Union City Municipal Code is hereby amended to add the following permitted use to the existing table (deletions in strikethrough; additions in underline):
“5.44.050 Standards for commercial cannabis dispensaries. …
E. Distance Requirements. Establishment of cannabis dispensaries shall be consistent with Title 18 and unless otherwise allowed under State law and approved by the City:

1. Shall not be established on any parcel containing a dwelling unit used as a residence, nor within one hundred feet of a residential zoning district.

2. Shall not be established within one hundred feet from any school or child care facility.

3. Shall not be established within one hundred feet of any park, library, or youth center.

4. The distance requirements of subsections (E)(1) through (3) above may be waived or modified by the City Council when the applicant can show that an actual physical separation exists between land uses or parcels such that no off-site impacts could occur, unless otherwise prohibited under State law.”
SECTION 3. Municipal Code Amendment Chapter 18.36.

Section 18.36.020, “Permitted Uses”, of the Union City Municipal Code is hereby amended to add the following permitted use to the existing table (deletions in strikethrough; additions in underline):
“18.36.020 Permitted uses.

Permitted Uses CPA CN CC CVR CS
Cannabis dispensary/retail* x x x x
City Council/RSA Agenda 122 Tuesday, November 22, 2022
* A cannabis dispensary/retail use shall be subject to the zoning requirements of Chapter 18.117 as well as the licensure and regulatory requirements of Chapter 5.44.” SECTION 4. Municipal Code Amendment Chapter 18.117.

Section 18.117.090, “Cannabis dispensary/retail under cannabis license Type 10,” of the Union City Municipal Code is hereby amended to read as follows (deletions in strikethrough; additions in underline):

18.117.090 Cannabis dispensary/retail under cannabis license Type 10 Cannabis dispensaries, including non-storefront retail cannabis businesses, are permitted subject to the requirements of this section, the granting of, and compliance with all provisions of, a commercial cannabis permit issued pursuant to Chapter 5.44, and any other required permits or approvals including administrative site development review pursuant to Chapter 18.72 or site development review pursuant to Chapter 18.76, in the following zones:

A. Light Industrial (ML), subject to any applicable requirements of Chapter 18.40, Article II, ML (Light Industrial) District Regulations.

B. Special Industrial (MS), subject to any applicable requirements of Chapter 18.40, Article III, MS (Special Industrial) District Regulations.

C. Neighborhood Commercial (CN) District, subject to any applicable requirements of Chapter 18.36 (Commercial Districts).

D. Community Commercial (CC) District, subject to any applicable requirements of Chapter

18.36 (Commercial Districts).

E. Visitor and Recreation Commercial (CVR) District, subject to any applicable requirements of Chapter 18.36 (Commercial Districts).

F. Professional and Administrative Commercial (CPA) District, subject to any applicable requirements of Chapter 18.36 (Commercial Districts).

GC. Union Landing Commercial District (CUL), subject to any applicable requirements of Chapter 18.36, Commercial District Regulations, and Chapter 18.39, Union Landing Commercial (CUL) District. The cannabis dispensary/retail use shall not be allowed in the Office Commercial Development (OC) area or the Community Commercial Development (CC) area of the Union Landing Commercial District. Additionally, no more than one (1) cannabis permit may be issued for the Union Landing Commercial District.

SECTION 5. Findings.

The City Council makes the following findings in support of this Ordinance amending the Municipal Code, based on the whole of the record before it.

City Council/RSA Agenda 123 Tuesday, November 22, 2022

1. That the proposed Municipal Code Amendments should be granted because the City will benefit economically from the development of the cannabis dispensary use in the CN, CC, CVR, and CPA Districts as well as from the increased tax revenue generated by a cannabis dispensary use. There is not available space in the City’s industrial zones to accommodate a new cannabis dispensary. Furthermore, the City’s substantial interest in protecting residents and businesses against the possible negative secondary effects and adverse impacts of commercial cannabis businesses in the City is furthered through the City’s existing regulatory and licensure requirements; and

2. That the proposed Municipal Code Amendments are consistent with the General Plan because the proposed amendments support the policies of the Economic Development Element including 1) Policy ED-1.1, which encourages development that generates sales tax, property tax, and other revenues that will improve the City’s ability to provide the public with high-quality services and minimize future tax increases on existing businesses and residents, and 2) Policy ED6.3, which addresses the need for a diverse retail mix. In addition, the proposed amendments are consistent with the land use designation of “Commercial”, which is applied to the CN, CC, CVR, and CPA Districts; and

3. That the proposed Municipal Code Amendments are necessary and desirable to achieve the purposes of Title 18 because the proposed amendments promote and protect the public health, safety, morals, comfort, convenience and the general welfare of the people and protect the character and maintain the stability of residential, business and industrial areas within the City by requiring new cannabis dispensary/retail uses be subject to the City’s existing cannabis regulatory and licensure requirements.

SECTION 6. CEQA. Approval of the amendments is exempt from environmental review in accordance with Business and Professions Code section 26055(h), the exemption for the adoption of an ordinance that requires discretionary review of permits. Additionally, approval of the amendments is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment.

SECTION 7. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.

SECTION 8. Publication and effective date. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance City Council/RSA Agenda 124 Tuesday, November 22, 2022
with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.

City Council/RSA Agenda 125 Tuesday, November 22, 2022
Agenda Item
DATE: 11/22/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: LILYBELL NAKAMURA, HUMAN RESOURCES DIRECTOR
SUBJECT: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITYOF UNION

CITYAPPROVING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A SIDE LETTER AGREEMENT BETWEEN THE CITYOF UNION

CITYAND THE MANAGEMENT EMPLOYEES GROUP APPROVING AN

EXTENSION FOR IMPLEMENTING A RETIREE HEALTH SAVINGS

ACCOUNT
Staff recommends that the City Counciladopt the proposed resolution authorizing the City Manager to execute a side letter between the City of Union City (“City”) and the Management Employees Group ("MEG") approving an extension of time to implement and make available a Retiree Health Savings (“RHS”) Plan.

STRATEGIC PLAN ALIGNMENT
This action supports Strategy 8 of Goal B, Governance and Organization Effectiveness, by ensuring salaries are competitive in order to attract qualified candidates and to retain talented staff.

BACKGROUND
The City and MEG entered into a Side Letter of Agreement (the “Side Letter”) in July 2022 to implement and make available to Group members, a RHS Plan within six (6) months of ratification of the new Memorandum of Understanding (“MOU”). MEG is requesting an extension to implement the plan.

DISCUSSION
MEG agreed to explore and implement an RHS Plan for its membership. An RHS Plan requires bargaining groups to agree on a set amount of pre-tax contributions for future medicalexpenses. MEG is requesting an extension in order to provide more education and obtain internalagreement in order to implement.

The proposed side letter would provide the necessary additional time requested by MEG to reach internal agreement necessary for the implementation of a Retiree Health Savings Plan. The extension would be until May 31, 2023. If MEG is not able to reach agreement on the terms for a potential RHS on or before May 31, 2023, the City Council/RSA Agenda 126 Tuesday, November 22, 2022
City will not proceed with implementing and making an RHS available to MEG.

FISCAL IMPACT
There is no direct fiscal impact to the City. The only cost is the employer time to implement and administer.

RECOMMENDATION
Staff recommends that the City Counciladopt a resolution of the City Councilapproving and authorizing the City Manager to execute the Side Letter with MEG approving an extension of time for implementation of a RHS Plan.

Prepared by:

Lilybell Nakamura, Human Resources Director
Submitted by:

Joan Malloy, City Manager
ATTACHMENTS:

Description Type
Resolution For MEGRHS Side Letter 11-22-2022 final Resolution MEGSide Letter Extension 11.22.2022 final Attachment
City Council/RSA Agenda 127 Tuesday, November 22, 2022
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY APPROVING A SIDE LETTER BETWEEN THE

CITY OF UNION CITY AND THE MANAGEMENT

EMPLOYEES GROUP RELATED TO RETIREE HEALTH

SAVINGS PLAN
WHEREAS, the current Memorandum of Understanding between the City and the Management Employees Group (“MEG”), effective January 1, 2022 through December 31, 2024, is currently in effect (the “MOU”); and
WHEREAS, MEG serves as the sole and exclusive bargaining group for the classifications identified in the MOU; and
WHEREAS, the City Manager or her designee has met and conferred in good faith with the representatives of MEG related to the above matter; and WHEREAS, the City and MEG previously entered into a Side Letter to the MOU (the “Side Letter”) to implement and make available to MEG members, a Retiree Health Savings (“RHS”) Plan within six (6) months of ratification of the MOU; and WHEREAS, MEG is requesting an extension of time under the Side Letter to implement the RHS Plan; and
WHEREAS, the Parties now wish to enter into a side letter to provide for such extension of time; and
WHEREAS, the City Council has considered the proposed side letter and determined that the proposed side letter is proper and in the best interests of the City.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves and adopts a side letter to the MOU, attached hereto and incorporated herein by reference, effective November 22, 2022 and authorizes the City Manager to execute the side letter and to take such further actions as may be necessary to implement the side letter to the MOU including any necessary non-substantive modifications.

City Council/RSA Agenda 128 Tuesday, November 22, 2022
1 Side Letter to the Memorandum of Understanding
Between
The City of Union City
and
Management Employee Group (MEG)
This Side Letter to the Memorandum of Understanding is entered into by and between City of Union City Management Employees (“Group”) and the City of Union City (“City”) (collectively the “Parties”) and replaces the previously related adopted side letter of agreement.

The City, with agreement from the Group, will implement and make available to Group members, a Retiree Health Savings Plan (“RHS”) that does not incur any cost to the City on or before May 31, 2023. If the Group is not able to reach agreement on the terms for a potential RHS on or before May 31, 2023, the City will not proceed with implementing and making a RHS available to the Group.

For the City: For MEG:

Joan Malloy,
City Manager
Date Mark Camfield Date
Lilybell Nakamura,
Human Resources Director
Date Lisa Bachman Date
Derek Farmer Date
Gloria Ortega Date
5237676.2
City Council/RSA Agenda 129 Tuesday, November 22, 2022
Agenda Item
DATE: 11/22/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: 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 SAFETYOF
ATTENDEES AS A RESULT OF THE STATE OF EMERGENCY;AND

AUTHORIZING REMOTE TELECONFERENCED MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITYOF UNION CITY FOR THE 30 DAY PERIOD BEGINNING NOVEMBER 22 PURSUANT TO AB 361 AND ADOPT

A RESOLUTION CONFIRMING THE CONTINUED EXISTENCE OF A
LOCAL EMERGENCY DUE TO COVID-19
Staff recommends that the City Counciladopt a resolution to continue conducting City Counciland all other City Councilappointed Board and Commission meetings remotely due to health and safety concerns for the public and making related findings in compliance with AB 361 (2021). Additionally, staff recommends that the City Councilconfirm the continued existence of the localemergency.

On May 24, 2022, the City Council made the necessary findings pursuant to AB 361 to continue to conduct virtual meetings. AB 361 requires that the City Council revisit the need to continue conducting virtual meetings every 30 days. Staff and the City Attorney recommend that the City Counciladopt a resolution making the necessary findings pursuant to AB 361 to continue conducting virtual meetings. Absent further action of the City Council, the City's legislative bodies would need to continue in-person meetings 30 days after November 8, 2022.

The City Council ratified a proclamation of localemergency on March 16, 2020 as a result of the COVID-19 pandemic. The City Council has continually confirmed the continued existence of the localemergency due to the COVID-19 pandemic in accordance with state law since May 12, 2020. City staff and the City Attorney recommend that the City Councilconfirm the continued existence of the localemergency.

STRATEGIC PLAN ALIGNMENT
This action is not related to the Strategic Plan as it is in response to the COVID-19 pandemic.

City Council/RSA Agenda 130 Tuesday, November 22, 2022

BACKGROUND
Assembly Bill 361
On March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State address the broader spread of COVID 19.

On March 16, 2020, the City Counciladopted a Resolution ratifying the proclamation of a local state of emergency by the Director of Emergency Services due to COVID-19 .

On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N29-20, which suspended certain provisions of the Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means. Additionally, the State implemented a shelter-in-place order, requiring all non-essential personnel to work from home.

The City has established virtual meetings for all City Counciland City Councilappointed Board and Commission meetings. The virtual meetings have allowed the Counciland advisory bodies to continue to conduct City business from remote locations while ensuring the public’s continued access to government meetings in a safe manner.

On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things, rescinded certain clauses of Executive Order N-29-20 after September 30, 2021, including clauses that suspended certain provisions of the Brown Act. Thus, effective October 1, 2021, agencies would have had to transition back to public meetings held in fullcompliance with the Brown Act.

Since the Governor issued Executive Order N-08-21, the highly contagious Delta and Omicron variants have emerged, causing a spike in cases throughout the state and within the Alameda County. A highly contagious Omicron sub-variant has also emerged.

On September 16, 2021, the Governor signed AB 361 (2021) which allows for local legislative and advisory bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that the Council make specified findings. AB 361 took effect immediately.

The City Counciladopted a resolution pursuant to AB 361 on September 28, 2021 in order to allow the City’s legislative bodies to continue conducting virtual meetings after September 30, 2021. The resolution included all of the necessary findings required pursuant to AB 361. The City has continued to adopt resolutions making the necessary findings to continue operating virtually since that time.

Confirming Continued Existence of a Local Emergency
On March 16, 2020, the City Manager, acting as Director of Emergency Services, proclaimed a local emergency pursuant to California Government Code Section 8630 and Union City Municipal Code Chapter

2.28. The emergency declaration was based on conditions of extreme peril to the safety of persons and property within the City as a consequence of the global spread of novelcoronavirus 2019 ("COVID-19"), including confirmed cases in Alameda County. On that same day, the City Counciladopted a resolution ratifying the Proclamation of Local Emergency issued by the Director of Emergency Services.

On May 12, 2020, the City Counciladopted a resolution confirming the continued existence of the local emergency due to the COVID-19 pandemic. The City Council has continually adopted resolutions confirming the continued existence of the localemergency since June 23, 2020.

City Council/RSA Agenda 131 Tuesday, November 22, 2022

DISCUSSION
AB 361
The California Legislature approved AB 361 and the Governor signed the bill into law on September 16, 2021.

AB 361 allows local legislative bodies to continue to meet remotely after the expiration of the clauses of Executive Order N-29-20 which suspended certain Brown Act provisions. Under AB 361, the City and its legislative bodies will be allowed to continue to meet remotely when:
· The localagency holds a meeting during a declared state of emergency; · State or local health officials have imposed or recommended measures to promote social distancing; · Legislative bodies declare the need to meet remotely due to present imminent risks to the health or safety of attendees.

The City meets the requirements to continue holding meetings remotely in order to ensure the health and safety of the public:
· The Governor has declared a State of Emergency, and the City Council has ratified the proclamation of a localemergency by the Director of Emergency Services; · County Health orders require that individuals in indoor public spaces wear masks and the CDC recommends social distancing of at least six feet due to COVID-19; · The Delta and Omicron variants of COVID-19 has resulted in a significant increase of COVID-19 cases within the state and throughout Alameda County;
· Meeting in person would present imminent risks to the health or safety of attendees, the legislative bodies, and staff.

AB 361 has been signed into law. Therefore, the City Council is required to declare every 30 days that the City’s legislative bodies must continue to meet remotely in order to ensure the health and safety of the public.

The City Council has previously acted to make continued findings pursuant to AB 361.

The proposed resolution includes the necessary findings pursuant to AB 361 to allow the City Counciland the City’s legislative bodies to continue meeting remotely.

Continued Emergency
Pursuant to Government Code Section 8630, the City Council must review and confirm the continued existence of a localemergency at least once every sixty (60) days. This Resolution comes to the City Council prior to the expiration of sixty (60) days from the previous confirmation of localemergency to ensure there is no interruption in the declaration of the continued localemergency.

The conditions that prompted the original declaration of a localemergency persist and health officials are still learning more information regarding the nature of COVID-19 and how it is transmitted. Community transmission of COVID-19 continues to occur, and the number of cases within Alameda County is still high.

There are now 355,632 cases within the County, and 2,057 deaths (as of November 15, 2022). The spread of COVID-19 continues as a result of the highly contagious Delta and Omicron variants of the virus. While the Alameda County Health Officer shelter in place order requiring that all residents shelter at home has been rescinded, public health and safety concerns for persons and property within the City as a consequence of the global spread of COVID-19 continue to exist.

Declaring a state of emergency provides local governments with the power necessary to coordinate and City Council/RSA Agenda 132 Tuesday, November 22, 2022
implement plans aimed at protecting the community and property during a disaster. For example, a declaration of emergency is often necessary to secure mutual disaster aid from local, state and federalagencies. A declaration of emergency also permits the Director of Emergency Services to promulgate orders and regulations necessary for the protection of life and property, such as imposing a curfew and ordering use of facilities for governmental purposes. Additionally, declaring a state of emergency ensures that the local government and its officials and employees are immune from liability when exercising their official duties during an emergency.

If adopted, the declaration of emergency willcontinue to remain in place until the emergency conditions have ended. However, the City Council will be required to continue to review the declaration at least every 60 days.

FISCAL IMPACT
This is no fiscal impact of adopting this Resolution.

RECOMMENDATION
Staff recommends that the City Counciladopt resolutions to continue the declaration of emergency and make the necessary findings to continue conducting City Counciland all other City Councilappointed Board and Commission meetings remotely due to health and safety concerns for the public in compliance with AB 361 (2021).

Prepared by:

Shandyn Pierce, Attorney
Submitted by:

Kristopher J. Kokotaylo, City Attorney
ATTACHMENTS:

Description Type
AB361 Resolution Resolution
Emergency COVIDResolution November 2022 Resolution
City Council/RSA Agenda 133 Tuesday, November 22, 2022
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY FINDING THAT THERE IS A PROCLAIMED
STATE OF EMERGENCY; FINDING THAT MEETING IN

PERSON WOULD PRESENT IMMINENT RISKS TO THE

HEALTH OR SAFETY OF ATTENDEES AS A RESULT OF
THE STATE OF EMERGENCY; AND AUTHORIZING

REMOTE TELECONFERENCED MEETINGS OF THE

LEGISLATIVE BODIES OF THE CITY OF UNION CITY FOR
THE 30 DAY PERIOD BEGINNING NOVEMBER 22
PURSUANT TO AB 361
WHEREAS, all meetings of the City of Union City’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of the novel coronavirus disease 2019 (“COVID-19”); and
WHEREAS, on March 16, 2020, the City Council adopted a Resolution ratifying the proclamation of a local emergency by the Director of Emergency Services due to COVID-19; and WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and
WHEREAS, as a result of Executive Order N-29-20, staff set up virtual meetings for all City Council meetings and meetings of all legislative bodies within the City; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, ends the provisions of Executive Order N-29-20 that allows local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, on September 16, 2021, Governor Newsom signed AB 361 (2021) which allows for local legislative bodies and advisory bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that the City Council make specified findings. AB 361 (2021) took effect immediately; and WHEREAS, AB 361 (2021) requires that the Governor declare a State of Emergency pursuant to Government Code section 8625; and
WHEREAS, AB 361 (2021) further requires that state or local officials have imposed or recommended measures to promote social distancing, or, requires that the legislative body City Council/RSA Agenda 134 Tuesday, November 22, 2022
determines that meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, such conditions now exist in the City and Governor Newsom has declared a State of Emergency due to COVID-19; and
WHEREAS, since issuing Executive Order N-08-21, the highly contagious Delta and Omicron variants, in addition to Omicron sub-variants, of COVID-19 have emerged, causing an increase in COVID-19 cases throughout the State and Alameda County; and WHEREAS, CalOSHA recommends social distancing under certain circumstances and maintaining six feet of distance can avoid close contacts requiring quarantine; and WHEREAS, because of the rise in cases due to the Omicron variant and sub-variants of COVID-19, the City is concerned about the health and safety of all individuals who intend to attend City Council and meetings of the City’s other legislative bodies; and WHEREAS, on September 28, 2021 the City Council found that the presence of COVID-19 and the increase of cases due to the Delta variant would present imminent risks to the health or safety of attendees, including the legislative bodies and staff, should the City’s legislative bodies hold in person meetings; and
WHEREAS, the highly contagious Omicron variant resulted in the greatest nationwide infection rate since the beginning of the COVID-19 pandemic; and WHEREAS, the highly contagious Omicron variant has since resulted in several highly contagious sub-variants, including BA.5, which has become the dominant strain of COVID-19; and
WHEREAS, the City Council hereby finds that the imminent risks of the City’s legislative bodies holding in person meetings to the health or safety of attendees continues to exist; and
WHEREAS, the City shall ensure that it’s meetings comply with the provisions required by AB 361 (2021) for holding teleconferenced meetings.

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

1. The above recitals are true and correct, and incorporated into this Resolution.

2. In compliance with AB 361 (2021), and in order to continue to conduct teleconference meetings without complying with the usual teleconference meeting requirements of the Brown Act, the City Council makes the following continued findings:
a) The City Council has reconsidered the circumstances of the state of emergency; and
City Council/RSA Agenda 135 Tuesday, November 22, 2022
b) The state of emergency, as declared by the Governor and City Council, continues to directly impact the ability of the City Council and the City’s legislative bodies, as well as staff and members of the public, from meeting safely in person; and c) As a result of the presence of COVID-19 and the increase of cases due to the Delta and Omicron variants, meeting in person would present imminent risks to the health or safety of attendees, the legislative bodies and staff.

3. City Council and City’s legislative bodies may continue to meet remotely in compliance with AB 361, in order to better ensure the health and safety of the public.

4. The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.

City Council/RSA Agenda 136 Tuesday, November 22, 2022
1 CITY OF UNION CITY

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

CONFIRMING THE CONTINUED EXISTENCE OFA LOCAL EMERGENCY DUE TO COVID-19
WHEREAS, Government Code Section 8630 and Union City Municipal Code Section

2.28.060 authorize the Director of Emergency Services to proclaim a local emergency when conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a city exist if the City Council is not in session and provides that the City Council shall ratify the proclamation within seven days thereafter; and WHEREAS, in accordance with Government Code Section 8630 and Union City Municipal Code Section 2.28.060, the Director of Emergency Services proclaimed the existence of a local emergency caused by the Novel Coronavirus (COVID-19), a respiratory disease first identified in China that may result in serious illness or death that is easily transmissible from person to person, on March 16, 2020; and WHEREAS, on March 16, 2020, the City Council ratified and confirmed the proclamation of the existence of a local emergency issued by the Director of Emergency Services; and
WHEREAS, on May 12, 2020, the City Council adopted Resolution No. 5595-20 confirming the continued existence of the local emergency; and WHEREAS, pursuant to Government Code Section 8630 the City Council must periodically review the need for continuing the local emergency; and WHEREAS, pursuant to Government Code Section 8630, the City Council must review the need for continuing the local emergency at least every sixty (60) days; and WHEREAS, the conditions that prompted the original declaration of a local emergency continue to exist; and
WHEREAS, the recitals of the previous continued emergency resolutions are incorporated into this Resolution as if stated herein; and
WHEREAS, community transmission of COVID-19 has continued to occur and health officials are still learning more information regarding the nature of COVID-19 and how it is transmitted; and
WHEREAS, the number of cases within Alameda County has continued to rise, and as of November 15, 2022, there are now over 355,632 confirmed cases of COVID-19 within the County, and 2,057 deaths; and
City Council/RSA Agenda 137 Tuesday, November 22, 2022
2 WHEREAS, since the initial declaration of a local emergency on March 16, 2020 the highly contagious Delta and Omicron variants, as well as Omicron sub-variants, have emerged and resulted in COVID-19 infections; and
WHEREAS, the public health and safety concerns for persons and property within the City as a consequence of the global spread of COVID-19 continue to exist; and WHEREAS, the health, safety, and welfare of Union City residents, businesses, visitors, and staff is of utmost importance to the City and additional future measures may be needed to protect the community; and
WHEREAS, the City may require additional assistance in the future, and a formal declaration of emergency allows the City to access resources in a timely manner in a timely fashion; and
WHEREAS, the City Council finds that conditions of extreme peril to the safety of persons and property within the territorial limits of the City related to COVID-19 pandemic continue in existence; and
WHEREAS, the City Council finds that extraordinary measures are required to protect the public health, safety, and of persons and property within the City that are or are likely to be beyond the control or capability of the services, personnel, equipment, and facilities of the City; and WHEREAS, the City Council desires to confirm the continued existence of a local emergency within Union City due to COVID-19.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Union City hereby declares as follows:

1. The local emergency declared by Resolution No. 5572-20 due to the COVID-19 pandemic continues to exist within the City of Union City.

2. During the existence of the declared local emergency, the powers, functions, and duties of the City Manager, acting as Director of Emergency Services, and the emergency organization of this City shall be those prescribed by State law and by ordinances and resolutions of the City of Union City.

3. The declaration of local emergency shall remain in effect until such time that the City Council determines that the emergency conditions have been abated.

4. City staff is directed to place an item on the agenda for review at least every sixty (60) days from the effective date of this Resolution to determine the need for continuing the local emergency pursuant to Government Code Section 8630.

City Council/RSA Agenda 138 Tuesday, November 22, 2022
Agenda Item
DATE: 11/22/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: AUTHORIZE THE CITY MANAGER TO EXECUTE A SIXTH

AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH
4LEAF INC., IN A FORM APPROVED BY THE CITY ATTORNEY, TO INCREASE THE NOT TO EXCEED AMOUNT FROM $1,500,000 to
$1,900,000 FOR BUILDING DIVISION SUPPORT AND EXTEND THE AGREEMENT EXPIRATION TO JUNE 30, 2026
Staff is recommending that the City Council authorize the City Manager to execute the sixth amendment to the consulting services agreement with 4LEAF, Inc. (“Consultant”) to increase the agreement amount from $1,500,000 to $1,900,000 to provide support for the Building Division. There is no anticipated impact to the General Fund. Funding for these services will be covered by plancheck fees paid for by applicants and salary savings of the currently vacant Building Division position. Staff is also recommending that the agreement expiration be extended an additional three years from June 30, 2023 to June 30, 2026.

STRATEGIC PLAN ALIGNMENT
Although this agenda item does not have alignment with a specific Strategic Plan goal, approval of the agenda item willensure the Building Division willcontinue to provide essential services to the community.

BACKGROUND
The Consultant has provided support to the Building Division since 2018. Specifically, 4LEAF provides staffing support including inspection and plan checking services due to vacancies in the Building Division. The City also relies on the Consultant to fill in as the City’s Chief Building Official, when needed. Related to staffing support, it is anticipated that the City’s reliance on the Consultant will be reduced moving forward due to the filling of the Chief Building Official/Senior Plans Examiner position who starts in mid-December. This position will be reviewing the majority of the building permits submittals in-house. However, it is anticipated that there will be instances in the future when the Chief Building Official/Senior Plans Examiner will need to send plans to the Consultant including when a project is very complex, requires a review by a technical specialist, or to address a City Council/RSA Agenda 139 Tuesday, November 22, 2022
temporary uptick in permit activity to maintain the City’s processing timelines. In addition, the City is recruiting for a vacant Building Inspector position further reducing the need for staffing support from the Consultant. With that said, occasionally the City has requested additional inspection support to cover staff vacations or temporary upticks in permit activity, which may also be needed in the future. The requested increase of $400,000 takes these tasks into consideration.

The City Councilapproved, and the City Manager has executed five amendments to the originalagreement to increase the totalagreement amount to $1,500,000 and extend the agreement expiration date June 30, 2023 (Agreement Nos. C5305, C5382, C5711, C5741, C5842).

DISCUSSION
Staff is recommending the City Council authorize the City Manager to execute a sixth amendment with the Consultant to increase the agreement amount from $1,500,000 to $1,900,000. In addition, staff is recommending that the agreement expiration be extended an additional three years to June 30, 2026. As stated above, it is anticipated that the Building Division will be using the Consultant's services less than prior years due to the hiring of the Chief Building Official/Senior Plans Examiner position and the current recruitment for the vacant Building Inspector position.

An essentialcomponent to economic development is the City’s ability to provide efficient, effective, and timely development review and inspection services. Consultant agreements allow the Building Division access to external professional resources needed to conduct complex plan review and inspection services while adhering to the service timelines and to supplement staffing levels when needed within the division

FISCAL IMPACT
There will be no direct fiscal impact to the General Fund as a result of the recommended action. Funding for the services described above will be covered by plan check fees paid for by applicants and the salary savings of the currently vacant Building Division position.

RECOMMENDATION
Staff recommends the City Council authorize the City Manager to execute the sixth amendment to the consulting services agreement with 4LEAF, Inc. in a form approved by the City Attorney, to increase the not to exceed amount from $1,500,000 to $1,900,000 and extend the agreement expiration an additional three years to June 30, 2026.

Prepared by:

Carmela Campbell, Economic and Community Development Director Submitted by:

Carmela Campbell, Economic and Community Development Director ATTACHMENTS:

City Council/RSA Agenda 140 Tuesday, November 22, 2022
Description Type
Attachment 1 - Resolution Approving 6th Amendment to 4LEAF Agreement
Resolution
City Council/RSA Agenda 141 Tuesday, November 22, 2022
RESOLUTION NO. XXXX-22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE A SIXTH AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH 4LEAF, INC., IN A FORM APPROVED

BY THE CITY ATTORNEY, TO INCREASE THE NOT TO EXCEED AMOUNT OF THE AGREEMENT FROM $1,500,000 TO $1,900,000 FOR BUILDING DIVISION SUPPORT AND EXTEND AGREEMENT EXPIRATION DATE TO JUNE 30, 2026
WHEREAS, the City of Union City utilizes consultants to perform plan check and building inspection services within the Building Division of the Economic and Community Development Department; and
WHEREAS, on October 4, 2018, the City Manager executed a consulting and professional services agreement with 4LEAF, Inc. in an amount not to exceed $50,000 for technical expertise, plan check, building inspection related services and related staff support (Agreement No. C5305); and
WHEREAS, the City Council approved and the City executed five amendments to the original agreement to increase the total agreement amount to $1,500,000 and extend the agreement expiration date June 30, 2023 (Agreement Nos. C5305, C5382, C5711, C5741, C5842); and WHEREAS, a continuation of these building related services is vital to the economy, property owners, business owners and development community of Union City where not providing these services are unacceptable; and
WHEREAS, amending the agreement will allow the Building Division access to external professional resources needed to provide technical expertise and conduct complex plan review and inspection services while adhering to the service timelines of the Building Division; and WHEREAS, there will be no impact to the General Fund as a result of the recommended action. Funding for the services described above will be covered by plan check fees paid for by applicants and the salary savings of the currently vacant Building Inspector position.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Union City that the City Manager is hereby authorized to execute the sixth amendment to the Consulting Services Agreement, in a form approved by the City Attorney, with 4LEAF, Inc. to increase the not to exceed amount of the agreement from $1,500,000 to $1,900,000 for Building Division support and to extend the agreement expiration date to June 30, 2026.

City Council/RSA Agenda 142 Tuesday, November 22, 2022
Resolution No. XXXX-22

Page 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 22nd 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 KRISTOPHERJ. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 143 Tuesday, November 22, 2022
Agenda Item
DATE: 11/22/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JACKIE ACOSTA, FINANCE DIRECTOR
SUBJECT: ADOPT A RESOLUTION AMENDING THE FISCALYEAR 2022-2023 GENERAL FUND BUDGET BYAPPROPRIATING AN ADDITIONAL $20,000 TO THE CITY COUNCIL’S TRAVEL & TRAINING BUDGET
Staff recommends that the City Council adopt a resolution appropriating an additional $20,000 from the unassigned balance of the General Fund to the City Council’s Travel & Training budget, account number 1110-1101-11001-54310 (General Fund – City Council – Travel & Training).

STRATEGIC PLAN ALIGNMENT
The agenda item does not have alignment with the Strategic Plan.

BACKGROUND
Recently, the Legislation and Policy Committee met to discuss the policy governing expenses of the City Council and the City Council's Travel & Training budget. After several meetings, the Committee made a recommendation to the City Council to consider amending the current City Council Travel & Training budget, which is currently set at $10,000 for the Councilas a whole.

DISCUSSION
On October 25, 2022, the City Council reviewed and discussed a recommendation from the Legislation and Policy Committee to increase the City Council’s Travel & Training budget from its current $10,000 to a higher amount. Discussion ensued regarding various options, but ultimately there was consensus to increase the annual budget from $10,000 to $30,000, with the $30,000 being allocated as follows: $10,000 for the Mayor and $5,000 for each City Council Member. Therefore, staff is presenting a resolution for adoption which would amend the Fiscal Year 2022-2023 General Fund budget by appropriating an additional $20,000 to the City Council’s Travel & Training budget. This would bring the total budget allocation for Fiscal Year 2022- City Council/RSA Agenda 144 Tuesday, November 22, 2022
2023 to $30,000, broken down as follows: $10,000 for the Mayor and $5,000 for each City Council Member.

FISCAL IMPACT
If the City Counciladopts this resolution, the FiscalYear 2022-2023 General Fund budget will be increased by $20,000. The funds would come from the unassigned General Fund balance and would be appropriated to account number 1110-1101-11001-54310 (General Fund – City Council – Travel & Training).

RECOMMENDATION
Staff recommends that the City Council adopt a resolution appropriating an additional $20,000 from the unassigned balance of the General Fund to the City Council’s Travel & Training budget, account number 1110-1101-11001-54310 (General Fund – City Council – Travel & Training).

Prepared by:

Jackie Acosta, Finance Director
Submitted by:

Jackie Acosta, Finance Director
ATTACHMENTS:

Description Type
Resolution -Amend City Council Travel& Training Budget Resolution City Council/RSA Agenda 145 Tuesday, November 22, 2022
RESOLUTION NO. XXXX-22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AMENDING THE FISCAL YEAR 2022-2023 GENERAL FUND BUDGET BY APPROPRIATING AN ADDITIONAL $20,000 TO THE CITY COUNCIL’S

TRAVEL & TRAINING BUDGET
WHEREAS, the City Council currently has a lump sum Travel & Training budget of $10,000 for the City Council as a whole; and
WHEREAS, on August 15, 2022, the Legislation and Policy Committee met to consider the policy governing expenses of the City Council and the current Travel & Training budget; and WHEREAS, on September 19, 2022, the Legislation and Policy Committee met again to further consider the policy governing expenses of the City Council and the current Travel & Training budget; and
WHEREAS, on October 3, 2022, the Legislation and Policy Committee met once again to further consider the policy governing expenses of the City Council and the current Travel & Training budget; and
WHEREAS, at the October 3, 2022 Legislation and Policy Committee meeting, the Committee agreed that a recommendation to increase the City Council’s Travel & Training budget should be presented to the full City Council for consideration; and WHEREAS, on October 25, 2022, the City Council reviewed and discussed the recommendation from the Legislation and Policy Committee to increase the City Council’s Travel & Training budget from $10,000 to $30,000; and
WHEREAS, after discussion, the City Council voted in favor of approving the recommendation from the Legislation and Policy Committee to increase the City Council’s Travel & Training budget from $10,000 to $30,000 and allocating the $30,000 as follows:
$10,000 for the Mayor and $5,000 for each City Council Member.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby amends the Fiscal Year 2022-2023 General Fund budget by appropriating $20,000 from the unassigned General Fund balance to the City Council’s Travel & Training budget, account number 1110-1101-11001-54310 (General Fund – City Council – Travel & Training); and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby allocates the $30,000 Travel & Training budget as follows: $10,000 for the Mayor and $5,000 for each City Council Member.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 22nd day of November 2022, by the following vote:

City Council/RSA Agenda 146 Tuesday, November 22, 2022
Resolution No. XXXX-22

Page 2 ends

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 147 Tuesday, November 22, 2022
Agenda Item
DATE: 11/22/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: ADOPT 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 LOCALAMENDMENTS AND ADOPT A RESOLUTION FINDING

AND DETERMINING THE NEED FOR LOCALAMENDMENTS ARE

REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC,

GEOLOGIC, OR TOPOGRAPHICAL CONDITIONS, IN ACCORDANCE
WITH CALIFORNIAHEALTHAND SAFETY CODE SECTION 17958.7
Every three years, the California Building Standards Commission (CBSC), along with other state agencies, reviews the California Building Standards Code (California Code of Regulations, Title 24) for use throughout California. The Building Standards Codes are codified as Union City Municipal Code Title 15, Building and Construction. Once adopted by the State, the revisions become effective by default and without localapproval or amendments. Cities and counties may then adopt localamendments to strengthen the California Building Standards Code based on localclimatic, geological, and topographicalconditions. Any amendments by the City must be at least as stringent as those outlined in the Building Standards Code.

On November 8, 2022, the City Council introduced an Ordinance repealing and replacing various chapters of Title 15 of the Municipal Code to incorporate the 2022 California Building Codes, with localamendments. The City Councilalso set a public hearing for November 22, 2022 for adoption of the Ordinance.

Staff and the City Attorney’s Office recommend that the City Council waive further reading and adopt the proposed Ordinance repealing and replacing various chapters of Title 15 of the Municipal Code to incorporate the 2022 California Building Codes. Additionally, Staff and the City Attorney’s Office recommend that the City Counciladopt a resolution adopting findings justifying localamendments based on localclimatic, geologic, and topographic conditions. with localamendments.

STRATEGIC PLAN ALIGNMENT
This item is not related to the strategic plan as it is required as part of the triennial update to the California Building Codes.

City Council/RSA Agenda 148 Tuesday, November 22, 2022

BACKGROUND
The regulations in California pertaining to building standards can be found in the California Building Standards Code (CBS), also referred to as Title 24 of the California Code of Regulations (CCR). The California Building Standards Code is made up of 12 parts containing various construction codes (i.e. building, residential, electrical, plumbing, mechanical, energy, green building, existing building, fire, historical structures, etc.), which are adopted in whole or in part and then amended by some 14 different State agencies. The California Building Standards Commission (CBSC) is an independent commission within the State Consumer Services Agency responsible for reviewing, adopting, and publishing the building standards for the State of California. Every three years, the CBSC, along with other State agencies, reviews the California Building Standards Code for use throughout California. Once adopted by the State, the revisions become effective by default and without localapproval or amendments.

The State’s last mandated adoption of the California Building Standards Code was on January 1, 2019. In accordance with State law, the California Building Standards Code, in its entirety, and other related appendices will go into effect on January 1, 2023, with or without City action.

The California Health and Safety Code allows local governments to amend building standards contained in the California Building Standards Code when the modifications are at least as stringent as what is required by the codes and provided that amendments are made with express findings of need based on localclimatic, geological or topographicalconditions, by resolution.

The currently adopted 2019 California Building Standards Code in effect in the Union City will become null and void effective January 1, 2023, at which time the 2022 Building Standards Code will become effective throughout California. The proposed Ordinance willadopt the 2022 California Building Standards Code by reference and include localamendments consisting of structural, fire and life safety, green building and sustainability, and administrative provisions or procedures. The majority of the proposed amendments are a continuation of previously adopted amendments from prior code adoption cycles.

DISCUSSION
State Building Codes
The proposed Ordinance includes adoption of the following building codes by reference and publishes the revised sections of Union City Municipal Code, as follows:
• Chapter 15.20 California Fire Code– CCR Title 24 Part 9 • Chapter 15.40 California Building Code– CCR Title 24 Part 2 • Chapter 15.44 California Electrical Code– CCR Title 24 Part 4 • Chapter 15.48 California Plumbing Code– CCR Title 24 Part 6 • Chapter 15.52 California Mechanical Code– CCR Title 24 Part 5 • Chapter 15.80 California Residential Code– CCR Title 24 Part 3 • Chapter 15.81 California Existing Building Code– CCR Title 24 Part 10 • Chapter 15.84 California Green Building Standards Code– CCR Title 24 Part 11 Approval of the Ordinance willensure consistency of the City of Union City’s Building, Electrical, Mechanical, Plumbing, and Existing Building Codes with state standards and ensure that the City codes provide additional protection for the health, welfare, and safety of local residents required due to localclimatic, geological, and topographicalconditions.

City Council/RSA Agenda 149 Tuesday, November 22, 2022
Resolution of Local Condition Findings
Health and Safety Code Sections 17958, 17958.5, and 17958.7 require the City Council to make findings regarding localclimatic, geological, and topographicalconditions before adopting localamendments to the State adopted California Building Standards Code. Each technicalamendment requires the local jurisdiction to make a finding that the amendment is reasonably necessary due to localclimatic, geological or topographical conditions (California Health and Safety Code, Section 17958.7).

The proposed amendments to the building standards codes are based primarily on earthquake and soils conditions in Union City. The suggested localamendments proposed by this resolution are generally consistent with the direction, existing policies and construction requirements previously adopted by the City. These findings are incorporated in the draft Resolution.

Public Notice
Because the California Building Standards Code will be adopted by reference, a public hearing must be held following introduction of the Ordinance. That hearing is concurrent with this second reading. In accordance with Government Code Sections 50022.3 and 6066, notice of the public hearing has been published twice in a newspaper of generalcirculation.

FISCAL IMPACT
There are no fiscal impacts associated with the introduction of the attached ordinances. The proposed Ordinances maintain fees at the current rate set forth in the Union City Master Fee Schedule for permits, plan checking and other Building Division and Fire Department services.

RECOMMENDATION
Staff recommends that City Council hold a public hearing, waive further reading, and adopt an Ordinance to repealand replace chapters 15.20, 15.40, 15.44, 15.48, 15.52, 15.80, 15.81, and 15.84 Title 15, Building and Construction, of the Union City Municipal Code to incorporate the 2022 California Building Codes with local amendments; and adopt a resolution adopting findings justifying localamendments based on localclimatic, geologic, and topographic conditions.

Prepared by:

Erica Gonzalez, Attorney
Submitted by:

Kristopher J. Kokotaylo, City Attorney
ATTACHMENTS:

Description Type
Building Code Ordinance Ordinance
Building Code OrdinanceAmendments Ordinance
Resolution Resolution
Power Point Attachment
City Council/RSA Agenda 150 Tuesday, November 22, 2022
ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY 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
WHEREAS, the California Building Standards Commission has adopted a new Title 24 of the California Code of Regulations, also referred to as the 2022 California Building Standards Code, that will become effective statewide on January 1, 2023; and WHEREAS, currently Title 15 “Buildings and Construction” of the Union City Municipal Code (the “Code”) adopted the building standards contained in the 2016 and subsequently amended 2019 versions of the California Building Code, the California Residential Code, the California Electrical Code, the California Mechanical Code, the California Plumbing Code, the California Fire Code, the California Existing Building Code, and the California Green Building Standards Code (collectively, the “California Building Standards Code”); and
WHEREAS, the updated California Building Standards Code becomes effective within the City on January 1, 2023 by default; and
WHEREAS, Section 17922 of the California Health and Safety Code requires local agencies to adopt the building standards contained in the California Building Standards Code; and WHEREAS, Section 17958.7 of the California Health and Safety Code allows local agencies to enact modifications to those building standards provided that such modifications are reasonably necessary because of local climatic, geological or topographical conditions so long as a local agency adopts such findings; and
WHEREAS, concurrent with this ordinance the City adopts findings, by resolution, justifying local modifications based on local climatic, geologic, and topographic conditions; and WHEREAS, a duly noticed public hearing was advertised as required by Government Code sections 6066 and 65090; and
WHEREAS, the City Council held a public hearing related to this Ordinance on November 22, 2022 and considered the staff report and public testimony received; and WHEREAS, the City Council finds that no additional environmental review is necessary because this Ordinance is not a project that has the potential to cause substantial or potentially substantial, adverse change in the environment and qualifies for an exemption under the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), and further, the Ordinance establishes standards for the approval of ministerial projects that are not themselves subject to CEQA review; and WHEREAS, the City Council finds that the adoption of 2022 Edition of the California Building City Council/RSA Agenda 151 Tuesday, November 22, 2022
Standards Codes protects public health, safety, and welfare.

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. Ordinance. The following Chapters of the Union City Municipal Code are hereby repealed and replaced in their entirety to read as attached:

1. Attachment 1- Chapter 15.40 Building Code

2. Attachment 2- Chapter 15.80 Residential Code

3. Attachment 3 - Chapter 15.81 Existing Building Code

4. Attachment 4 - Chapter 15.84 Green Building Standards Code

5. Attachment 5 - Chapter 15.48 Plumbing Code

6. Attachment 6 - Chapter 15.52 Mechanical Code

7. Attachment 7 - Chapter 15.44 Electrical Code

8. Attachment 8 - Chapter 15.20 Fire Code
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. The effective date of this ordinance shall be January 1, 2023, except for the 2022 California Administrative Code (Cal. Code Regs., Tit. 24, Part 1) which became effective on March 5, 2022.

City Council/RSA Agenda 152 Tuesday, November 22, 2022
ATTACHMENT 1
Chapter 15.40

BUILDING CODE AND UNIFORM BUILDING CODE

15.40.010 Adoption by Reference.

A. The 2022 California Building Code (Based on the 2021 International Building Code) and State of California Amendments, volume 1 and 2 Appendices I, J, and V, published by the International Code Council, and all revisions and amendments heretofore and hereafter adopted by the International Code Council, are hereby adopted by reference as the Building Code of the City of Union City, regulating the erection, installation, alteration, repair, relocation replacement, addition to, use or maintenance of buildings within the City of Union City.

B. One copy of said Code and appendices thereto has been filed for use and examination by the public in the office of the City Clerk of the City of Union City at 34009 Alvarado-Niles Road, Union. City, California, and the same or identical copy thereof, not less than one in number shall at all times be kept on file for similar use.

C. The rules, regulations and provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force on January 1, 2023.

15.40.020 Title.

This chapter may be cited and shall be known as the "Building Code of the City of Union City."

15.40.030 Definitions.

Whenever any of the names or terms defined in this section are in the Chapters or Codes adopted herein by reference, each such term or name shall have the meaning ascribed to it in this Section.

A. "Administrative Authority" shall mean the Building Inspection Division, Economic and Community Development Department.

B. "Building Official" shall mean the Chief Building Official of the City of Union City.

C. "City" shall mean the "City of Union City."
City Council/RSA Agenda 153 Tuesday, November 22, 2022
D. "City Council" shall mean the City Council of the City of Union City.

E. "Code Enforcement Division" shall mean the Building Inspection Division.

F. "Mayor" shall mean the Mayor of the City of Union City.

15.40.040 Violation an Infraction.

CBC Section 1.8.9.3 is added to Section 1.8.9 to read as follows:

A citation may be issued in accordance with Union City Municipal Code Section

1.16.030. A person charged with an infraction is guilty of a separate offense for each and every day during which any violation of any provision of this chapter of Union City Municipal Code is continued and can be cited each day as a separate offense.

The infraction procedure provides for the following fines:

First citation infraction $150.00
Second citation infraction $300.00
Third citation misdemeanor $600.00
Court costs may also be imposed in addition to the infractions and/or misdemeanor fines.

Individuals cited are not entitled to legal representation for the first or second citation infraction.

Upon the third citation/misdemeanor individuals cited may be represented by legal counsel in a court of law.

15.40.050 Violation a Nuisance.

CBC Section 1.8.9.4 is added to Section 1.8.9 to read as follows:

It is hereby found and declared that the existence of a violation of any of the foregoing sections of this Chapter within the City of Union City is a public nuisance and dangerous to the public health and safety of persons within said City, and in addition to any other remedies provided by law, the Union City Police Department or appropriate legal officer is authorized and directed to investigate any such nuisance, to notify in the form and manner hereinabove provided any person or persons maintaining such nuisance, to abate same in conformance to the provisions of this Chapter, and upon failure to comply, to enter upon said premises, public or private wherein said nuisance exists and summarily abate same.

15.40.060 Unconstitutionality.

City Council/RSA Agenda 154 Tuesday, November 22, 2022
If any section, subsection, sentence, clause, or phrase of this Code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. The Legislative Body hereby declares that it would have passed this Code, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

15.40.070 Fees.

CBC Chapter 1, Section 1.8.4.2 is amended and replaced to read as follows:

Fees shall be assessed as set forth in the fee schedule adopted by the City of Union City.

15.40.080 Board of Appeals.

CBC Chapter 1, Section 1.8.8 is amended and replaced to read as follows:

The Board of appeals shall be comprised of one or more hearing officers appointed by the City Council. The decision of the appointed hearing officer(s) is final as to any related Appeals Board and City Council actions.

15.40.090 Structure Moving Permits.

CBC Section 1.8.10.3 is added to Section 1.8.10 to read as follows:

In addition to other permits required by this Code, no person, firm or corporation shall move or cause to be moved any building or structure from any location, lot, piece, or parcel of land located within or without the corporate limits of the City of Union City to any other lot, piece or parcel of land located within the incorporated territory of the City of Union City without first having obtained a separate structure moving permit for each building or structure to be moved, pursuant to Chapter 15.70 of the Union City Municipal Code.

15.40.130 Premises Identification.

CBC Section 502.1 is amended and replaced to read as follows:

Approved numbers or addresses shall be provided on all new buildings and on existing buildings when remodeling or alteration work is undertaken. Numbers shall be placed in such a position as to be plainly visible and legible from the street or road fronting the property.

To be considered plainly visible and legible, the following minimal standards shall apply:

City Council/RSA Agenda 155 Tuesday, November 22, 2022
A. Multi-Family Dwellings: Each building address shall be in Arabic numbers not less than 4" in height, internally illuminated and connected to the building wiring. Where units are designated individually by unit numbers or letters, such designations shall be in Arabic numbers or letters at least 4" in height and shall be permanently affixed immediately adjacent to or directly on the main entrance doors of each unit.

B. Business, Industrial and Institutional buildings. Each building and each unit or subdivision of each building shall be provided with street address and unit or suite designations in permanently affixed Arabic numerals and/or letters at least 4" in height and a 1” stroke.

Exception: Where buildings are located a substantial distance from the face of the curb, the size of letters and numbers shall be adjusted as follows:

More than 50 feet: At least 6” in height with a 1” stroke.

More than 100 feet: At least 10” in height with a 1 ¾” stroke.

More than 150 feet: At least 16” in height with a 2” stroke.

When any work on an existing building is undertaken that requires the issuance of a building permit and such work exceeds a permit value of $1,000, then address and unit numbers as described above shall be provided as a part of the work.

15.40.160 Automatic Fire Extinguishing Systems.

CBC Section 901.1.1 is added to Section 901.1 to read as follows:
901.1.1 Where Required. An automatic fire extinguishing system shall be installed in the occupancies and locations as set forth in the California Fire Code, as amended by the City of Union City.

15.040.200 Structural Amendments.

CBC Section 1705.3 exception 1 is amended to read as follows:

Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f’c, no greater than 2,500 pounds per square inch (psi) (17.2 Mpa).

CBC Section 1905.1.7 ACI 318, Section 14.1.4. is amended and replaced to read as follows:

City Council/RSA Agenda 156 Tuesday, November 22, 2022

14.1.4 - Plain concrete is not allowed in structures assigned to Seismic Design Category C, D, E or F.

14.1.4.1 - Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete:
(a) Plain concrete footing & supporting walls are not permitted; all footings shall have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross crosssectional area of the footing. A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.

City Council/RSA Agenda 157 Tuesday, November 22, 2022
ATTACHMENT 2
Chapter 15.80

RESIDENTIAL CODE

15.80.010 Adoption by Reference.

A. The 2022 California Residential Code (Based on the 2021 International Residential Code) and State of California Amendments, and Appendices H, J and K, thereto, published by the International Code Council, and all revisions and amendments heretofore and hereafter adopted by the International Code Council, are hereby adopted by reference as the Residential Code of the City of Union City, regulating the erection, installation, alteration, repair, relocation replacement, addition to, use or maintenance of residential buildings within the City of Union City.

C. The rules, regulations and provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force on January 1, 2023.

15.80.020 Title.

This Chapter may be cited and shall be known as the "Residential Code of the City of Union City."

15.80.030 Definitions.

Whenever any of the names or terms defined in this section are in the Chapters or Codes adopted herein by reference, each such term or name shall have the meaning ascribed to it in this Section.

A. "Administrative Authority" shall mean the Building Inspection Division, Economic and Community Development Department.

B. "Building Official" shall mean the Chief Building Official of the City of Union City.

C. "City" shall mean the "City of Union City."
D. "City Council" shall mean the City Council of the City of Union City.

City Council/RSA Agenda 158 Tuesday, November 22, 2022
E. "Code Enforcement Division" shall mean the Building Inspection Division.

F. "Mayor" shall mean the Mayor of the City of Union City.

15.80.040 Violation an Infraction.

Section 1.8.9 is amended by the addition of Section 1.8.9.3 to read as follows:

A citation may be issued in accordance with Union City Municipal Code Section

The infraction procedure provides for the following fines:

First citation infraction $150.00
Second citation infraction $300.00
Third citation misdemeanor $600.00
Court costs may also be imposed in addition to the infractions and/or misdemeanor fines.

Individuals cited are not entitled to legal representation for the first or second citation infraction.

Upon the third citation/misdemeanor individuals cited may be represented by legal counsel in a court of law.

15.80.050 Violation a Nuisance.

Section 1.8.9 is amended by the addition of Section 1.8.9.4 to read as follows:

15.80.060 Unconstitutionality.

If any section, subsection, sentence, clause, or phrase of this Code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. The Legislative Body hereby declares that it would have passed this Code, and City Council/RSA Agenda 159 Tuesday, November 22, 2022
each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

15.80.070 Fees.

Section 1.8.4.2 is amended to read as follows:

Fees shall be assessed as set forth in the fee schedule adopted by the City of Union City.

15.80.080 Board of Appeals.

Section 1.8.8 is amended to read as follows:

15.80.090 Structure Moving Permits.

Section 1.8.10.2 is amended by the addition of Section 1.8.10.2.1 to read as follows:

15.80.160 Automatic Fire Sprinkler Systems.

Section R313 is amended to read as follows:

Where Required. An automatic fire extinguishing system shall be installed in the occupancies and locations as set forth in the Union City Fire Code, Chapter 15.20.

15.80.200 Prohibit the use of gypsum board and Portland cement plaster as prescriptive wall bracing materials.

Section R602.10.4, Table R602.10.3(3) and Section R602.10.4.4 are amended and Footnote g is added to read as follows:
g. In Seismic Design Categories C, D0, D1, and D2, Method GB and method PCP is not permitted.

City Council/RSA Agenda 160 Tuesday, November 22, 2022
Add the “g” footnote notation in the title of Table R602.10.3(3) Add a new subsection R602.10.4.4, to read as follows:

In Seismic Design Categories C, D0, D1, and D2, Method GB and PCP are not permitted for use as intermittent braced wall panels,

15.80.205 All concrete footings and stem walls shall have steel reinforcement.

Section R403.1.3.5 is amended by the addition of section R403.1.3.5.5 to read as follows:

Concrete footings including post-tension design, shall have minimum reinforcement of at least two continuous horizontal reinforcing bars, one top and one bottom, not smaller than No. 4 bars. Bottom reinforcement shall be located a minimum of 3 inches (76 mm) clear from the bottom of the footing. Plain concrete footings are not allowed.

City Council/RSA Agenda 161 Tuesday, November 22, 2022
ATTACHMENT 3
Chapter 15.81

EXISTING BUILDING CODE

15.81.010 Adoption by Reference.

A. The 2022 California Existing Building Code and State of California Amendments, published by the California Building Standards Commission, and all revisions and amendments heretofore and here after adopted by the California Building Standards Commission, are hereby adopted by reference as the Existing Building Code of the City of Union City, regulating the erection, installation, alteration, repair, relocation replacement, addition to, use or maintenance of buildings within the City of Union City.

C. The rules, regulations and provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force on January 1, 2023.

15.81.020 Title.

This Chapter may be cited and shall be known as the "Existing Building Code of the City of Union City."

15.81.030 Definitions.

Whenever any of the names or terms defined in this section are in the Chapters or Codes adopted herein by reference, each such term or name shall have the meaning ascribed to it in this Section.

A. "Administrative Authority" shall mean the Building Inspection Division, Economic and Community Development Department.

B. "Building Official" shall mean the Chief Building Official of the City of Union City.

C. "City" shall mean the "City of Union City."
D. "City Council" shall mean the City Council of the City of Union City.

City Council/RSA Agenda 162 Tuesday, November 22, 2022
E. "Code Enforcement Division" shall mean the Building Inspection Division.

F. "Mayor" shall mean the Mayor of the City of Union City.

15.81.040 Violation an Infraction.

CEBC Section 104 is amended by the addition of Section 104.12 to read as follows:

A citation may be issued in accordance with Union City Municipal Code Section

The infraction procedure provides for the following fines:

First citation infraction $150.00
Second citation infraction $300.00
Third citation misdemeanor $600.00
Court costs may also be imposed in addition to the infractions and/or misdemeanor fines.

Individuals cited are not entitled to legal representation for the first or second citation infraction.

Upon the third citation/misdemeanor individuals cited may be represented by legal counsel in a court of law.

15.81.050 Violation a Nuisance.

CEBC Section 101 is amended by the addition Section 101.13 to read as follows:

15.81.060 Unconstitutionality.

If any section, subsection, sentence, clause, or phrase of this Code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. The Legislative Body hereby declares that it would have passed this Code, and each City Council/RSA Agenda 163 Tuesday, November 22, 2022
section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

15.81.070 Fees.

CEBC Section 108 is amended by the addition of section 108.2.1 to read as follows:

Fees shall be assessed as set forth in the fee schedule adopted by the City of Union City.

15.81.080 Board of Appeals.

CEBC Section 112 is deleted and amended to read as follows:

City Council/RSA Agenda 164 Tuesday, November 22, 2022
ATTACHMENT 4
Chapter 15.84

GREEN BUILDING STANDARDS CODE

15.84.010 Adoption by Reference.

A. The 2022 California Green Building Standards Code and State of California Amendments, published by the California Building Standards Commission, and all revisions and amendments heretofore and here after adopted by the California Building Standards Commission, are hereby adopted by reference as the Green Building Standards Code of the City of Union City, regulating the erection, installation, alteration, repair, relocation replacement, addition to, use or maintenance of buildings within the City of Union City.

C. The rules, regulations and provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force on January 1, 2023.

15.84.020 Title.

This Chapter may be cited and shall be known as the "Green Building Standards Code of the City of Union City."

15.84.030 Definitions.

Whenever any of the names or terms defined in this section are in the Chapters or Codes adopted herein by reference, each such term or name shall have the meaning ascribed to it in this Section.

A. "Administrative Authority" shall mean the Building Inspection Division, Economic and Community Development Department.

B. "Building Official" shall mean the Chief Building Official of the City of Union City.

C. "City" shall mean the "City of Union City."
D. "City Council" shall mean the City Council of the City of Union City.

City Council/RSA Agenda 165 Tuesday, November 22, 2022
E. "Code Enforcement Division" shall mean the Building Inspection Division.

F. "Mayor" shall mean the Mayor of the City of Union City.

15.84.040 Violation an Infraction.

CGBCA Section 101 is amended by the addition of Section 101.12 to read as follows:

A citation may be issued in accordance with Union City Municipal Code Section

The infraction procedure provides for the following fines:

First citation infraction $150.00
Second citation infraction $300.00
Third citation misdemeanor $600.00
Court costs may also be imposed in addition to the infractions and/or misdemeanor fines.

Individuals cited are not entitled to legal representation for the first or second citation infraction.

Upon the third citation/misdemeanor individuals cited may be represented by legal counsel in a court of law.

15.84.050 Violation a Nuisance.

CGBCA Section 101 is amended by the addition Section 101.13 to read as follows:

15.84.060 Unconstitutionality.

If any section, subsection, sentence, clause, or phrase of this Code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. The Legislative Body hereby declares that it would have passed this Code, and each City Council/RSA Agenda 166 Tuesday, November 22, 2022
section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

15.84.070 Fees.

CGBCA Section 101 is amended by the addition of section 101.14 to read as follows:

Fees shall be assessed as set forth in the fee schedule adopted by the City of Union City.

15.84.080 Board of Appeals.

CGBCA Section 101 is amended by the addition of Section 101.15 to read as follows:

City Council/RSA Agenda 167 Tuesday, November 22, 2022
ATTACHMENT 5
Chapter 15.48

PLUMBING CODE

15.48.010 Adoption by Reference.

A. The California Plumbing Code 2022 Edition, (Based on 2021 Uniform Plumbing Code), and Appendices A, B, and G, thereto, published by the International Association of Plumbing and Mechanical Officials, and all revisions and amendments heretofore and hereafter adopted by the International Association of Plumbing and Mechanical Officials, are hereby adopted by reference as the Plumbing Code of the City of Union City, regulating the erection, installation, alteration, repair, relocation replacement, addition to, use or maintenance of plumbing systems within the City of Union City.

B. One copy of said Code and appendices thereto has been filed for use and examination by the public in the office of the City Clerk of the City of Union City at 34009 Alvarado-Niles Road, Union City, California, and the same or identical copy thereof, not less than one in number shall at all times be kept on file for similar use.

C. The rules, regulations and provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force on January 1, 2023.

15.48.020 Title.

This Chapter may be cited and shall be known as the “Plumbing Code of the City of Union City.”

15.48.030 Definitions.

Whenever any of the names or terms defined in this section are in the Chapters or Codes adopted herein by reference, each such term or name shall have the meaning ascribed to it in this Section.

A. “Administrative Authority” shall mean the Building Inspection Division, Economic and Community Development Department.

B. “Building Official” shall mean the Chief Building Official of the City of Union City.

C. “City” shall mean the City of Union City
City Council/RSA Agenda 168 Tuesday, November 22, 2022
D. “City Council” shall mean the City Council of the City of Union City.

E. “Code Enforcement Division” shall mean the Building Inspection Division.

F. “Mayor” shall mean the Mayor of the City of Union City.

15.48.040 Violation an Infraction.

Section 1.8.9 is amended by the addition of Section 1.8.9.3 to read as follows:

A citation may be issued in accordance with Union City Municipal Code Section

The infraction procedure provides for the following fines:

First citation infraction $150.00
Second citation infraction $300.00
Third citation infraction $600.00
Court costs may also be imposed in addition to the infractions and/or misdemeanor fines.

Individuals cited are not entitled to legal representation for the first or second citation infraction.

Upon the third citation/misdemeanor individuals cited may be represented by legal counsel in a court of law.

15.48.050 Violation a Nuisance.

Section 1.8.9 is amended by the addition of Section 1.8.9.4 to read as follows:

It is hereby found and declared that the existence of a violation of any of the foregoing sections of this Chapter within the City of Union City is a public nuisance and dangerous to the public health and safety of persons within said City, and in addition to any other remedies provided by law, the Union City Police Department or appropriate legal officer is authorized and directed to investigate any such nuisance, to notify in the form and manner herein above provided any person or persons maintaining such nuisance, to abate same in conformance to the provisions of this Chapter, and upon failure to comply, to enter upon said· premises, public or private wherein said nuisance exists and summarily abate same.

15.48.060. Unconstitutionality.

If any section, subsection, sentence, clause, or phrase of this Code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this City Council/RSA Agenda 169 Tuesday, November 22, 2022
Code. The Legislative Body hereby declares that it would have passed this Code,· and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

15.48.070 Fees.

Section 1.8.4.2 is amended to read as follows:

Fees shall be assessed as set forth in the fee schedule adopted by the City of Union City.

15.48.80 Water Piping In or Under Concrete Slab Floors.

Section 609.3 is amended to read as follows:

Water piping SHALL NOT be installed in or under a concrete floor slab within a building without prior approval of the Administrative Authority. When approved, such piping shall be installed in accordance with the Sections 609.3(1) and 609.3(2).

15.48.100 Board of Appeals.

Section 1.8.8 is amended to read as follows:

15.48.110 Underground Water Pipe Protection.

Section 609.3 is amended by the addition of section 609.3.1 to read as follows:

All metallic water piping installed underground shall be protected by a plastic sleeve.

City Council/RSA Agenda 170 Tuesday, November 22, 2022
ATTACHMENT 6
Chapter 15.52

MECHANICAL CODE

15.52.010 Adoption by Reference.

A. The California Mechanical Code 2022 Edition, with State of California amendments, (Based on 2021 Uniform Mechanical Code), published by the International Association of Plumbing and Mechanical Officials, and all revisions and amendments heretofore and hereafter adopted by the International Association of Plumbing and Mechanical Officials, are hereby adopted by reference as the Mechanical Code of the City of Union City, regulating the erection, installation, alteration, repair, relocation replacement, addition to, use or maintenance of mechanical systems within the City of Union City.

B. One copy of said Code and appendices there to has been filed for use and examination by the public in the office of the City Clerk of the City of Union City at 34009 Alvarado-Niles Road, Union City, California, and the same or identical copy thereof, not less than one in number, shall at all times be kept on file for similar use.

C. The rules, regulations and provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force on January 1, 2023.

15.52.020 Title.

This Chapter may be cited and shall be known as the “Mechanical Code of the City of Union City.”

15.52.030 Definitions.

Whenever any of the names or terms defined in this section are in the Chapters or Codes adopted herein by reference, each such term or name shall have the meaning ascribed to it in this Section.

A. "Administrative Authority" shall mean the Building Inspection Division, Economic and Community Development Department.

B. “Building Official” shall mean the Chief Building Official of the City of Union City.

C. “City” shall mean the “City of Union City.”
D. “City Council” shall mean the City Council of the City of Union City.

City Council/RSA Agenda 171 Tuesday, November 22, 2022
E. “Code Enforcement Division” shall mean the Building Inspection Division.

F. “Mayor” shall mean the Mayor of the City of Union City.

15.52.040 Violation an Infraction.

Section 1.8.9 is amended by the addition of Section 1.8.9.3 to read as follows:

A citation may be issued in accordance with Union City Municipal Code Section

The infraction procedure provides for the following fines:

First citation infraction $150.00
Second citation infraction $300.00
Third citation infraction $600.00
Court costs may also be imposed in addition to the infractions and/or misdemeanor fines.

Individuals cited are not entitled to legal representation for the first or second citation infraction.

Upon the third citation/misdemeanor individuals cited may be represented by legal counsel in a court of law.

15.52.050 Violation a Nuisance.

Section 1.8.9 is amended by the addition of Section 1.8.9.4 to read as follows:

It is hereby found and declared that the existence of a violation of any of the foregoing sections of this Chapter within the City of Union City is a public nuisance and dangerous to the public health and safety of persons within said City, and in addition to any other remedies provided by law, the Union City Police Department or appropriate legal officer is authorized and directed to investigate any such nuisance, to notify in the form and manner herein above provided any person or persons maintaining such nuisance, to abate same in conformance to the provisions of this Chapter, and upon failure to comply, to enter upon said premises, public or private, wherein said nuisance exists and summarily abate same.

15.52.060 Unconstitutionality.

If any section, subsection, sentence, clause, or phrase of this Code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this City Council/RSA Agenda 172 Tuesday, November 22, 2022
Code. The Legislative Body hereby declares that it would have passed this Code, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional.

15.52.070 Fees.

Section 1.8.4.2 is amended to read as follows:

Fees shall be assessed as set forth in the fee schedule adopted by the City of Union City.

15.52.080 Board of Appeals.

Section 1.8.8 is amended to read as follows:

The Board of Appeals shall be comprised of one or more hearing officers appointed by the City Council. The decision of the appointed hearing officer(s) is final as to any related Appeals Board and City Council actions.

City Council/RSA Agenda 173 Tuesday, November 22, 2022
ATTACHMENT 7
Chapter 15.44

ELECTRICAL CODE

15.44.010 Adoption by Reference.

A. The California Electrical Code 2022 Edition, (Based on 2020 National Electrical Code), Appendices thereto, including the General Code Provisions Article 89, for the National Electrical Code, published by the National Fire Protection Association, and all revisions and amendments heretofore and hereafter adopted by the National Fire Protection Association, are hereby adopted by reference as the Electrical Code of the City of Union City, regulating the erection, installation, alteration, repair, relocation replacement, addition to, use or maintenance of electrical building systems within the City of Union City.

B. One copy of said Code and appendices thereto has been filed for use and examination by the public in the office of the City Clerk of the City of Union City at 34009 Alvarado-Niles Road, Union City, California, and the same or identical copy thereof, not less than one in number, shall at all times be kept on file for similar use.

C. The rules, regulations and provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force on January 1, 2023.

15.44.020 Title.

This Chapter may be cited and shall be known as the “Electrical Code of the City of Union City.”

15.44.030 Definitions.

Whenever any of the names or terms defined in this section are in the Chapters or Codes adopted herein by reference, each such term or name shall have the meaning ascribed to it in this Section.

A. "Administrative Authority" shall mean the Building Inspection Division, Economic and Community Development Department.

B. "Building Official" shall mean the Chief Building Official of the City of Union City.

C. "City" shall mean the "City of Union City.”
City Council/RSA Agenda 174 Tuesday, November 22, 2022
D. "City Council" shall mean the City Council of the City of Union City.

E. "Code Enforcement Division" shall mean the Building Inspection Division.

F. "Mayor" shall mean the Mayor of the City of Union City.

15.44.040 Violation an Infraction.

CEC Section 89.108.9 is amended by the addition of Section 89.108.9.3 to read as follows:

A citation may be issued in accordance with Union City Municipal Code Section

The infraction procedure provides for the following fines:

First citation infraction $150.00
Second citation infraction $300.00
Third citation misdemeanor $600.00
Court costs may also be imposed in addition to the infractions and/or misdemeanor fines.

Individuals cited are not entitled to legal representation for the first or second citation infraction.

Upon the third citation/misdemeanor individuals cited may be represented by legal counsel in a court of law.

15.44.050 Violation a Nuisance.

CEC Section 89.108.9 is amended by the addition of Section 89.108.9.4 to read as follows:

It is hereby found and declared that the existence of a violation of any of the foregoing sections - of this Chapter within the City of Union City is a public nuisance and dangerous to the public health and safety of persons within said City, and in addition to any other remedies provided by law, the Union City Police Department or appropriate legal officer is authorized and directed to investigate any such nuisance, to notify in the form and manner herein above provided any person or persons maintaining such nuisance, to abate same in conformance to the provisions of this Chapter, and upon failure to comply, to enter upon said premises, public or private, wherein said nuisance exists and summarily abate same.

City Council/RSA Agenda 175 Tuesday, November 22, 2022

15.44.060 Unconstitutionality.

If any section, subsection, sentence, clause, or phrase of this Code is, for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. The Legislative Body hereby declares that it would have passed this Code, and each section, subsection, sentence, clause, or phrase thereof irrespective of the filet that anyone or more sections, subsections, sentences, clauses, and phrases be declared unconditional.

15.44.070 Fees.

CEC Section 89.108.4.2 is amended to read as follows:

Fees shall be assessed as set forth in the fee schedule adopted by the City of Union City.

15.44.080 Board of Appeals.

CEC Section 89.108.8 is amended to read as follows:

City Council/RSA Agenda 176 Tuesday, November 22, 2022
ATTACHMENT 8
Chapter 15.20

FIRE CODE

15.20.010 Adoption by reference.

The 2022 California Fire Code and State of California Amendments, Volume 1 (Based on the 2021 International Code) including sections, 103.2, 104, 113, 311.2, 503 and Appendices B, C, D, thereto published by the International Code Council (ICC) Country Club Hill, IL., and all revisions and amendments theretofore and hereafter adopted by the International Code Council, as codified in Title 24 of the California Code of Regulations, are adopted by reference and made part of this Code as if fully set forth except as hereinafter modified as the Fire Code of the City of Union City pursuant to the provisions of Government Code Section 50020. Et.

Seq., State of California.

One copy of the Code and Appendices thereto has been filed for use and examination by the public in the office of the City Clerk, 34009 Alvarado-Niles Road, Union City, California.

The rules regulations and provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force on January 1, 2023.

15.20.020 Title.

Code means the California Fire Code, as defined by law and amended by the City of Union City. This Code, as amended, shall be known and may be cited as the “Union City Fire Code” or “UCFC” and will be referred to in this title as “this Code”.

15.20.030 Section 103.2, Appointment.

Section 103.2 is amended to read as follows:
103.2 Appointment. The fire code official shall be appointed by the fire chief of the jurisdiction; and the fire code official shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges by and before the appointing authority.

15.20.040 Section 104.6, Official Records.

Section 104.6 is amended to read as follows:
104.6 Official Records. The City of Union City shall keep official records as required by Sections 104.6.1, 104.6.2, and 104.6.4. Such official records shall be retained for not less than five years or for as long as the structure or activity to which such records relate remains in existence, unless otherwise provided by other regulations.

City Council/RSA Agenda 177 Tuesday, November 22, 2022
Section 104.6.3 is amended to read as follows:
104.6.3 Fire Records. The fire department shall keep a record of fires occurring within the City of Union City and of facts concerning the same, including statistics as to the extent of such fires and the damage caused thereby.

15.20.050 Section 112.4, Violation Penalties.

Section 112.4 is amended to read as follows:
112.4 Violations Penalties.
a. Persons who shall violate a provision of this Code or shall fail to comply with any of the requirements thereof, or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive or the fire code official or of a permit or certificate used under provisions of this Code, shall be guilty of a misdemeanor. Notwithstanding the preceding sentence, a violation of this Code may, in the discretion of the fire code official, be charged and prosecuted as an infraction.
b. Any person convicted of a misdemeanor under this Code shall be punished by a fine of not more than one thousand dollars, or by imprisonment, not to exceed six months, or by both such fine and imprisonment.
c. Any person convicted of an infraction under this Code shall be subject to payment of a fine pursuant to the terms set forth in State of California Government Code Section 36900, as that section or its successor reads at the time of the offense. After a third conviction for violation of the same section of this Code, subsequent violations or the same section may be charged as a misdemeanor rather than an infraction.
d. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of this Code is committed, continued or permitted by any such person, and shall be punished accordingly.
e. Notwithstanding sections a-d to the contrary, any violation of this Code may at the discretion of the fire code official be treated as an administrative violation and enforced pursuant to Chapter 1.18 of the Union City Municipal Code.

Approval of a request for the use of an alternative material, assembly or materials, equipment, method of construction, method of installation of equipment, or means of protection shall be limited to the particular case covered by the request and shall not be construed as establishing any precedent for any future request.

15.20.60 Fees-Amended.

Section 107.2 is amended to read as follows:
107.2 Schedule of Permit Fees. The City Council may, by resolution, establish a City Council/RSA Agenda 178 Tuesday, November 22, 2022
schedule of nondiscriminatory fees to be charged and collected for plans submitted under Section 104.2, solely to defray the City’s reasonable costs for plan review of fire protection equipment and systems, requested or required inspection service and issuance of permits. Permits issued in accordance with Section 105.6 shall be valid for at least one year or until reissued.

15.20.070 Section 113, Stop work order.

Section 113.4 is amended to read as follows:
113.4 Stop Work Order. Whenever any installation of fire protection devices covered by this Code is concealed without first having been inspected, the Fire Chief may require, by written notice that such work shall be exposed for inspection. Whenever any construction or installation work is being performed in violation of the plans and specifications as approved, a written notice shall be issued to the responsible party to stop work on that portion of the work which is in violation. The notice shall be issued to the responsible party to stop work on that portion of the work which is in violation. The notice shall state the nature of the violations, and no work shall be done on that portion of the project until the violation has been corrected.

Where work for which a permit is required by this chapter is started or proceeds prior to obtaining such permit, a penalty fee, in addition to the permit fee, shall be assessed as follows:

Violation within Two-Year Period Penalty Fee
First Equal to the permit fee
Second Double the permit fee
Third Ten times the permit fee
The payment of such penalty fee shall not relieve any person from fully complying with all of the provisions of this chapter.

15.20.080 Automatic sprinkler systems Chapter 9.

Section 903.2, 903.2.1, 903.2.2, 903.2.3, 903.2.4, 903.2.7, 903.2.8, 903.2.9, 903.2.10, 903.2.13, 914.2.1, 914.4.1, 914.6.1 are amended to read as follows:
903.2 Where Required. Approved automatic sprinkler systems in new buildings and structures shall be provided in locations described in Sections 903.2.1 through 902.2.13. 903.2.1 Group A Occupancies. An automatic sprinkler system shall be installed in all Group A occupancies. (Sections 903.2.1.1, 903.2.1.2, 903.2.1.3, 903.2.1.4, 903.2.1.5, 903.2.1.6, 903.2.1.7, 903.2.2 are deleted)
903.2.2 Ambulatory care facilities Every facility as specified herein, regardless of floor area, wherein more than six clients or patients are housed or cared for on a 24-hour perday-basis or where one or more care recipient are incapable of self-preservation shall have installed a maintained in an operable condition throughout the entire building an automatic sprinkler system.

City Council/RSA Agenda 179 Tuesday, November 22, 2022
903.2.3 Group E Occupancies. An automatic sprinkler system shall be installed in all Group E Occupancies.
903.2.4 Group F Occupancies. An automatic sprinkler system shall be installed in Group F occupancies. (Section 903.2.4.1 is deleted)
903.2.7 Group M Occupancies. An automatic sprinkler system shall be installed in all Group M occupancies. (Section 903.2.7.1, 903.2.7.2 are deleted). 903.2.8 Group R Occupancies. An automatic sprinkler system shall be installed in all Group R occupancies including modular units. (Section 903.2.8.1 is deleted). 903.2.9 Group S-1 Occupancies. An automatic sprinkler system shall be installed in all Group S-1 occupancies. (Sections 903.2.9.1, 903.2.9.2, 903.2.9.3, 903.2.9.4, 903.2.10 are deleted)
903.2.10 Group S-2 Occupancies. An automatic sprinkler system shall be installed in all Group S-2 occupancies. (Sections 903.2.10.1, 903.2.10.2 are deleted). 903.2.13 Group B Occupancies. An automatic sprinkler system shall be installed in all Group B occupancies.
914.2.1 Automatic sprinkler systems. Covered and open mall buildings and buildings connected shall be equipped throughout with an automatic sprinkler system. 914.4.1 Automatic sprinkler system. An approved automatic sprinkler system shall be installed throughout the entire building.
914.6.1 Automatic sprinkler system. Stages shall be equipped with an automatic sprinkler system.

15.20.100 Section 903.6, Where required in existing buildings and structures.

Section 903.6 is amended to read as follows:
903.6 Where required in existing buildings and structures. All occupancies where modifications are being requested regardless of the reason shall require an automatic fire extinguishing system to be installed in the entire structure. When one of the following conditions exists:

1. When the estimated value of modifications is more than 50 percent (50%) of the value of the structure.

City Council/RSA Agenda 180 Tuesday, November 22, 2022

2. When more than 50% of the exterior walls and the roof are being removed or replaced.

3. When the existing fire area is increased by more than 50%.

4. When an addition to single family home causes the structure to exceed 2,500 square feet in fire area.

15.20.150. Establishment of limits of districts in which storage of flammable or combustible liquids in outside above ground tanks are prohibited.

A. The limits referred to in Section 5704.2.9.6.1 and 5706.2.4.4 of the California Fire Code in which storage of flammable or combustible liquids in outside above ground tanks is prohibited, are hereby established as follows: In those areas pursuant to the most recently adopted Title 18 of the Union City Municipal Code.

B. The limits referred to in which new bulk plants for flammable or combustible liquids are prohibited, are hereby established as follows: In those areas pursuant to the most recently adopted Title 18 of the Union City Municipal Code.

C. Above ground Class I, II or III-A liquids storage tanks may be allowed when the installation of underground tank(s) is impractical or because of property or building limitations. The tank area may be used for private and governmental fleets, construction vehicles, waste oil storage, and any situation where the Fire chief deems it would create a safer condition. They shall not be approved for service stations or other commercial retail applications.

D. The fire chief or his designee shall have the sole discretion to prohibit use of these tanks based on the safety of the public.

15.20.160. Establishment of limits of districts in which bulk storage of liquefied petroleum gas is to be restricted.

The limits referred to in Section 6104.2 of the California Fire Code, in which bulk storage of liquefied petroleum gas is restricted, are hereby established as follows: In those areas pursuant to the most recently adopted Title 18 of the Union City Municipal Code.

15.20.170. Limitations.

The limits referred to in Section 5806.2 of the California Fire Code, in which flammable cryogenic fluids in stationary containers are stored outside of buildings, are hereby established as follows: In those areas pursuant to the most recently adopted Title 18 of the Union City Municipal Code.

City Council/RSA Agenda 181 Tuesday, November 22, 2022

15.20.180. Hazardous Materials General Provisions.

The locations referred to in Section 5003.2.4 of the California Fire Code, in which aboveground stationary tanks are used for the storage of hazardous materials, are hereby established as follows: In those areas pursuant to the most recently adopted Title 18 of the Union City Municipal Code.

City Council/RSA Agenda 182 Tuesday, November 22, 2022
RESOLUTION NO ______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY FINDING

AND DETERMINING THE NEED FOR LOCAL AMENDMENTS TO PROVISIONS IN

THE CALIFORNIA BUILDING STANDARDS CODE AS ADOPTED BY THE STATE OF CALIFORNIA, IN THE CALIFORNIA CODE OF REGULATIONS, TITLE 24, TO

BE ADOPTED BY REFERENCE IN THE UNION CITY MUNICIPAL CODE WHEREAS, Health and Safety Code Section 18938 makes provisions published in the California Building Standards Code pursuant to Health and Safety Code Section 17922 applicable to all occupancies throughout the State and effective one hundred and eighty days after publication by the California Building Standards Commission (the "Commission"), or at a later date established by the Commission; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 establish the authority for the City to adopt and make local amendments and modifications to the building standards in the California Building Standards Code to establish more restrictive building standards than those contained in the California Building Standards Code; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 permit the City to make such local amendments and modifications as the city determines are reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 require the City, before making any amendments and modifications to the California Building Standards Code, make an express finding that such amendments and modifications are reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, under Health and Safety Code Section 17958.7, changes pursuant to Health and Safety Code Section 17958.5 may not become effective until the required findings, and the changes, have been filed with the California Building Standards Commission; and WHEREAS, Government Code Section 50022.2 permits enactment of City Ordinances that adopt codes or statutes, including codes of the State of California, by reference; and WHEREAS, the City Council of the City of Union City (the City Council) intends to adopt an ordinance adopting by reference provisions of the California Building Standards Code, with local amendments; and
WHEREAS, the City Council has reviewed the reasons for proposed changes to the California Building Standards Code set forth in Exhibit A, attached hereto and hereinafter incorporated by reference.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby resolves, declares and finds that the local amendments to the provisions of the California Building Standards Code as set forth below are reasonably necessary because of local City Council/RSA Agenda 183 Tuesday, November 22, 2022
climatic, geologic, or topographical conditions in conformance with its obligations under Section 17958.7 of the California Health and Safety Code:

I. General Findings of Local Conditions
The City of Union City has unique climatic, geographic, and topographical characteristics that have an adverse effect on prevention of life and property loss due to fire, and seismic motion.

Local soils have a relatively high acidic content which tends to corrode underground metallic pipes.

A. Climate. The typical late summer and autumn combination of little or no precipitation, low humidity, high temperatures, and prevailing winds, create extremely hazardous conditions, particularly as they relate to wood shake and shingle roofing and conflagrations. In building fires, winds can literally force fires back into the building and create a blowtorch effect that exacerbates “natural” ventilation and cross ventilation efforts.

B. Geography. The relatively young geographical processes that created the San Francisco Bay Area are still active today. Union City sits astride the Hayward Fault and is very near numerous potentially active faults. The Association of Bay Area Governments (ABAG) estimates the probability of a serious earthquake along the Hayward Fault as one-in-four, next 30 years. Furthermore, ABAG projects that damage along the Hayward fault will vary from moderate to extreme, depending on the location of structures and earthquake magnitude.

C. Topography. Union City is built atop the younger alluvial deposits that surround the Bay Area. Areas near the Bay are overlain by unconsolidated fine silty clay known as Bay Mud, which varies in thickness from a few feet to as much as thirty (30) feet. This alluvium can and is expected to amplify the effects of future earthquakes.

Alluvial deposits underlying Union City and other adjacent jurisdictions are, in some locations, high in acidity content or pH balance and considered as "hot soils" by engineers. Such "hot" soils are extremely corrosive to all types of metal and cast-iron plumbing placed in the ground without cathodic and/or other expensive protection.

Summarily, Local climatic, geographic, and topographic conditions impact fire prevention efforts and potential damage to structures from seismic forces and likely subsequent fires. Soil composition also affects performance of buildings in earthquakes and contributes to failure of plumbing systems in the ground. Therefore, it is reasonable and prudent that current state model codes be modified to mitigate effects of these local conditions.

II. Pursuant to Sections 17958.5 and 17958.7 of the State of California Health and Safety Code, the City Council of the City of Union City makes the finding that changes, modifications, and amendments to the 2022 Edition of the California Building Standards Codes are needed and are reasonably necessary because of certain local climatic, geologic and topographic features and conditions as described in Section I above, and that those features and conditions, under certain circumstances, affect delivery of emergency services. The amendments to the California Building Standards Codes are enacted to mitigate the impact of those local features and conditions by (i) preventing the chance of accident or injury by requiring standards more City Council/RSA Agenda 184 Tuesday, November 22, 2022
stringent than required by the current codes; and (ii) requiring additional built-in automatic fire protection systems which will provide for early detection and initial fire control.

III. The following changes and/or modifications to the 2022 California Building Standards Code are found to be necessary to mitigate the impacts caused by the local climatic, geologic and topographic conditions. The City of Pinole has adopted substantive changes and modifications to the California Building Standards Code as follows:

Union City
Municipal Code
Chapter
California Code Section Findings
Chapter 15.20 CA Fire Code-CCR Title 24 Part 9
Sections: 103.2. 104.6, 104.6.3, 106.2,
109.4, 112.1, 903.2, 903.2.1, 903.2.3,
903.2.4, 903.2.7, 903.2.8 and 903.2.9 and
903.6
The following sections are added: 5614.1,
5614.2, 5614.3, 5614.4 and 5614.5
Section I. A, B and C
Chapter 15.40 CA Building Code-CCR Title 24 Part 2
Sections: 1.8.4.2, 1.8.8, 1.8.9, 1.8.10,

14.1.4, 502.1, 901.1, 1705.3 and 1905.1.7
ACI 318
The following sections are added: 1.8.9.3,

1.8.9.4, 1.8.10.3 and 901.1.1
Section I. A, B and C
Chapter 15.44 CA Electrical Code-CCR Title 24 Part 4
Sections: 89.108.4.2, 89.108.8, 89.108.9
The following sections are added: 89.108.9.3
and 89.108.9.4
Section I. A, B and C
Chapter 15.48 CA Plumbing Code-CCR Title 24 Part 6
Sections: 1.8.4.2, 1.8.8, 1.8.9 and 609.3
The following sections are added: 1.8.9.3,

1.8.9.4 and 609.3.1
Section I. A, B and C
Chapter 15.52 CA Mechanical Code-CCR Title 24 Part 5
Sections: 1.8.4.2, 1.8.8 and 1.8.9
The following sections are added: 1.8.9.3
and 1.8.9.4
Section I. A, B and C
Chapter 15.80 CA Residential Code-CCR Title 24 Part 3
Sections: 1.8.4.2, 1.8.8, 1.8.9, 1.8.10.2,
R313, R403.1.3.5, R602.10.4, Table
R602.10.3(3) and R602.10.4.4
Section I. A, B and C
City Council/RSA Agenda 185 Tuesday, November 22, 2022
Union City
Municipal Code
Chapter
California Code Section Findings
The following sections are added: 1.8.9.3,

1.8.9.4, 1.8.10.2.1 and R403.1.3.5.5
Chapter 15.81 CA Existing Building Code-CCR Title 24
Part 10
Sections: 101, 104, 108 and 112
The following sections are added: 108.2.1
Section I. A, B and C
Chapter 15.84 CA Green Building Standards Code-CCR
Title 24 Part 11
Sections: 101
The following sections are added: 101.13,
101.14 and 101.15
Section I. A, B and C
The aforementioned amendments have been incorporated in detail in Ordinance 2022-XX.

BE IT FURTHER RESOLVED that a copy of this Resolution shall be filed with the California Building Standards Commission in accordance with Health and Safety Code Section 17958.7.

City Council/RSA Agenda 186 Tuesday, November 22, 2022
Item 6.a.

Adopt An Ordinance Repealing And Replacing Certain
Chapters Of The Union City Municipal Code To Adopt The
2022 California Building Codes With Local Amendments
and Adopt a Resolution For Local Amendments
City Council/RSA Agenda 187 Tuesday, November 22, 2022
2 • The California Building Standards Code sets forth uniform standards for the construction and maintenance of buildings, electrical systems, plumbing systems, mechanical systems, and fire and life safety systems.
• The Code applies to all cities and counties in California and is updated every three years.
• Local governments may amend the provisions of the code upon findings that such amendments are necessary due to either climatic, geological, or topographical conditions.

Background
City Council/RSA Agenda 188 Tuesday, November 22, 2022
3 • The Code was last updated in 2019.
• The 2022 Building Standards Code goes into effect on January 1, 2023. • The City must adopt an ordinance to incorporate any local amendments into the Building Code.
• The City Council voted 5-0 to introduce the ordinance and set the public hearing on November 8.

Background
City Council/RSA Agenda 189 Tuesday, November 22, 2022
4 • The Ordinance will repeal and replace Chapters15.20, 15.40, 15.44,

15.48, 15.52, 15.80, 15.81, and 15.84 of Title 15 to incorporate the 2022 Building Codes with Local Amendments.
• Proposed local amendments to 2022 Building Codes are substantially same as the City’s local amendments for the 2019 Building Codes • The proposed ordinance includes general findings of local conditions necessary to justify local amendments, and a resolution with more detailed findings will be presented at the second reading.

Proposed Ordinance
Proposed Ordinance
City Council/RSA Agenda 190 Tuesday, November 22, 2022
5 • The proposed Ordinance includes adoption of the following building codes by reference:
• California Building Code– CCR Title 24 Part 2
• California Residential Code– CCR Title 24 Part 3
• California Electrical Code– CCR Title 24 Part 4
• California Mechanical Code– CCR Title 24 Part 5
• California Plumbing Code– CCR Title 24 Part 6
• California Fire Code– CCR Title 24 Part 9
• California Existing Building Code– CCR Title 24 Part 10 • California Green Building Standards Code– CCR Title 24 Part 11 Proposed Ordinance
Proposed Ordinance
City Council/RSA Agenda 191 Tuesday, November 22, 2022
6 • The proposed Resolution includes findings that support the need for local amendments.
• Such amendments are reasonably necessary due to local climatic, geologic, or topographical conditions as required under state law.

Proposed Resolution
Proposed Resolution
City Council/RSA Agenda 192 Tuesday, November 22, 2022
7 Waive further reading and adopt an ordinance to repeal and replace chapters 15.20, 15.40, 15.44, 15.48, 15.52, 15.80, 15.81, and 15.84 Title 15, Building and Construction, of the Union City Municipal Code to incorporate the 2022 California Building Codes with local amendments and adopt a resolution finding and determining the need for local amendments are finding and determining the need for local amendments are reasonably necessary because of local climatic, geologic, or topographical conditions, in accordance with California Health and Safety Code Section 17958.7.

Recommendation
City Council/RSA Agenda 193 Tuesday, November 22, 2022
Agenda Item
DATE: 11/22/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: PUBLIC HEARING AND ADOPTION OF A RESOLUTION AMENDING THE FY 2022-2023 MASTER FEE SCHEDULE TO INCREASE FEES FOR

COMMERCIAL CANNABIS APPLICATIONS
Staff recommends that the City Council hold a public hearing to consider the proposed increase for Commercial Cannabis Application fees and adopt the attached Resolution amending the FiscalYear 2022-2023 Master Fee Schedule to increase the Commercial Cannabis Application fees.

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

Goal A: Generate more tax revenue needed for long-term fiscal sustainability (Council Priority) Strategy 5: Implement the City cannabis program to attain anticipated new revenue with a commitment to adapting where necessary in light of evolving Statewide trends.

BACKGROUND
In November 2016, California voters passed Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act (“AUMA”), legalizing recreationalcannabis use for adults 21 years of age and older with certain restrictions.

The City Council adopted Chapter 5.44 of the Union City Municipal Code in November 2017 which established the regulatory framework for commercial cannabis operators within the City. The City Council concurrently adopted Resolution No. 5144-17 which set the number of permits that could be awarded for each type of cannabis business specifically:
• Three cultivation permits
• Three manufacturing permits
• Three distribution permits
City Council/RSA Agenda 194 Tuesday, November 22, 2022
• Three retail permits
• Three testing permits.

Two commercial cannabis businesses have successfully been awarded permits and are selling cannabis at retail.

In September 2022, the City Counciladopted Resolution 6006-22 to open the commercialcannabis application process on October 27, 2022, with a closing date of January 9, 2023.

Most of the cannabis permit application fees have not been adjusted since they were established in 2018. Staff is now recommending that the Council consider adjustment of the Commercial Cannabis Application fees to keep pace with inflation.

DISCUSSION
Currently, applicants pay the Commercial Cannabis Application fees listed in the 2022-2023 Master Fee Schedule, which include an eligibility review, live scan/criminal history check, background review, zoning verification letter, evaluation and ranking by consultant team, evaluation and ranking by City selection committee and finally the City Manager evaluation and recommendation. The best applicant then moves forward to a public hearing for final consideration by City Council.

Master Fee Schedule - Commercial Cannabis Fee Update
When the initial fees were established in 2018, staff considered the estimated amount of time necessary to complete each step in the application review process. This became the basis for the cost-recovery fees that are now in place. The proposed fee increases that the Council are considering incorporates the Consumer Price Index (CPI) for the past four years. The net increase is 13.83 percent and, if adopted, will increase annually according to the CPI as other fees in the Master Fee Schedule increase. Below are the proposed changes to City Council/RSA Agenda 195 Tuesday, November 22, 2022
Commercial Cannabis Application fees.

FISCAL IMPACT
There will be no fiscal impact to the General Fund as a result of amending the Commercial Cannabis Application fees. The fee increases are to keep pace with inflation and are cost recovery. Fees would increase annually by the CPI, as other fees in the Master Fee Schedule increase.

RECOMMENDATION
Staff recommends that the City Council hold a public hearing to consider the proposed increase for Commercial Cannabis Application fees and adopt the attached Resolution amending the FiscalYear 2022-2023 Master Fee Schedule to increase the Commercial Cannabis Application fees.

Prepared by:

Serenity Mlay, Management Analyst I
City Council/RSA Agenda 196 Tuesday, November 22, 2022
Submitted by:

Joan Malloy, City Manager
ATTACHMENTS:

Description Type
Resolution Amending the Fiscal Year 2022-2023 Master Fee Schedule to Increase the Commercial Cannabis Application Fees Resolution
Power Point Attachment
City Council/RSA Agenda 197 Tuesday, November 22, 2022
RESOLUTION NO. XXXX-22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AMENDING THE FISCAL YEAR 2022-2023 MASTER FEE SCHEDULE TO INCREASE THE

COMMERICAL CANNABIS APPLICATION FEES
WHEREAS, in November 2016, California voters passed Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act (“AUMA”), legalizing recreational cannabis use for adults 21 years of age and older with certain restrictions; and WHEREAS, the City Council adopted Chapter 5.44 of the Union City Municipal Code (Ordinance 845-17) on November 14, 2017 which established the regulatory framework for commercial cannabis operators within the City, and the City Council concurrently adopted Resolution No. 5144-17 which set the number of permits that could be awarded for each type of cannabis business specifically:
• Three cultivation permits
• Three manufacturing permits
• Three distribution permits
• Three retail permits
• Three testing permits; and
WHEREAS, on September 27, 2022, the City Council adopted Resolution 6006-22 to open the commercial cannabis application process on October 27, 2022, for accepting applications for commercial cannabis permits and approving the procedures to govern the manner in which the City Council will determine the most qualified applicant(s) to receive the permit(s); and WHEREAS, the Commercial Cannabis Application fees have not been substantially adjusted since they were established in 2018; and
WHEREAS, the City Council is authorized to establish and amend fees pertaining to services provided by the City to the public; and
WHEREAS, a duly noticed Public Hearing has been conducted on November 22, 2022, to consider reasons for and against the increase related to Commercial Cannabis Application fees; and
WHEREAS, the City Council desires to amend fees for the Commercial Cannabis Application, by resolution, as authorized pursuant to the Union City Municipal Code; and WHEREAS, the fees approved by this resolution and as identified in the table below will stand until such time as amendments may be brought before the City Council for consideration.

City Council/RSA Agenda 198 Tuesday, November 22, 2022

TYPE OF FEE NEW
AMOUNT

JUSTIFICATIONS
City Manager
Commercial Cannabis Application
1 Preliminary determination of eligibility
1a Eligibility Review $4,529 Cost recovery for commercial cannabis application reviewed
ministerially by staff.
1b Live Scan /Criminal History Check $198 Cost recovery for commercial cannabis application reviewed
ministerially by staff.
1c Background Review $341 Cost recovery for commercial
cannabis application reviewed
ministerially by staff.
1d Zoning Verification Letter-Cannabis only $310 Cost recovery for commercial cannabis application reviewed
ministerially by staff.
2 Evaluation and ranking by consultant team $1,800 Cost recovery for commercial cannabis application reviewed
ministerially by staff.
3 Evaluation and ranking by City Selection
Committee
$1,785 Cost recovery for commercial
cannabis application reviewed
ministerially by staff.
4 City Manager evaluation and recommendation $2,311 Cost recovery for commercial cannabis application reviewed
ministerially by staff.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby increase the fees for the Commercial Cannabis Application process as set forth in this resolution and authorizes such fees to be increased annually by the Consumer Price Index (CPI), as other fees in the Master Fee Schedule increase.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 22nd day of November 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

CAROL DUTRA-VERNACI
Mayor
City Council/RSA Agenda 199 Tuesday, November 22, 2022
ATTESTED: APPROVED AS TO FORM:
_________________________ ___________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 200 Tuesday, November 22, 2022
Item 6b.

Public Hearing and Adoption of a Resolution Amending
Fiscal Year 2022-2023 Master Fee Schedule to
Increase the Commercial Cannabis Application Fees
City Council/RSA Agenda 201 Tuesday, November 22, 2022
2 BACKGROUND
November 2016
• California voters passed Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act (“AUMA”), legalizing recreational cannabis use.

November 2017
• The City Council adopted Chapter 5.44 of the Union City Municipal Code in November 2017 which established the regulatory framework for commercial cannabis operators within the City.
• Two commercial cannabis businesses have successfully been awarded permits and are selling cannabis at retail (FLOR & LEMMONNADE).

September 2022
• The City Council adopted Resolution 6006-22 to open the commercial cannabis application process, which closes on January 9, 2023.

City Council/RSA Agenda 202 Tuesday, November 22, 2022
3 CANNABIS APPLICATION FEES
• Most fees not adjusted since they were established in 2018. • Fee increase incorporates the Consumer Price Index (CPI) for the past four years.
• 13.83 percent
• Will increase annually according to the CPI
City Council/RSA Agenda 203 Tuesday, November 22, 2022
4 City Council/RSA Agenda 204 Tuesday, November 22, 2022 5 • Hold a public hearing to consider the proposed increase for Commercial Cannabis Application fees and
• Adopt a Resolution amending the Fiscal Year 2022-2023 Master Fee Schedule to increase the Commercial Cannabis Application fees.

RECOMMEDATION
City Council/RSA Agenda 205 Tuesday, November 22, 2022
Agenda Item
DATE: 11/22/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE THE FIRST AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT WITH MARK THOMAS & COMPANY, INC. FOR FINAL
DESIGN OF PHASES (SEGMENTS) 1 AND 2 FOR QUARRY LAKES

PARKWAY(EAST WEST CONNECTOR), CITY PROJECT
NO. 18-04, IN THE AMOUNT OF $3,000,000
Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute the First Amendment to the Consulting Services Agreement with Mark Thomas & Company, Inc. for Final Design of Phases (Segments) 1 and 2 for Quarry Lakes Parkway (East West Connector), City Project No. 18- 04, in the amount of $3,000,000.

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 through the construction of Quarry Lakes Parkway, upgrades to the BART Station, completion of the pedestrian railcrossing and sale and development of City-owned land.

BACKGROUND
At the November 19, 2020, Alameda County Transportation Commission (Alameda CTC) Meeting, Alameda CTC staff in partnership with Union City staff, presented the findings of the QLP project. Following Alameda CTC staff’s recommendation, the full Commission adopted a resolution to:

1. Commit the remaining balance of 1986 Measure B funding for the East West Connector (I-880 to Mission Blvd) Project to the Quarry Lakes Parkway Project ($69.0 Million) sponsored by Union City City Council/RSA Agenda 206 Tuesday, November 22, 2022
and acknowledging that the commitment fulfills the 1986 Measure B funds from the 1986 Transportation Expenditure Plan;

2. Allocate $4.2 million of 1986 Measure B funds to design phases of Phase 1 (7 th Street Connection) for
$2.0 million and Phase 2 (Gateway Connection) for $2.2 million;

3. Allocate $17.8 million of 1986 Measure B funds to design phases of Phase 3 (11 th Street Connection)
for $9.2 million and Phase 4 (Grade Separations and Alvarado-Niles Connection) for $8.6 million with the condition that full funding for all phases of the segment will be identified in the funding agreement; and

4. Authorize the Executive Director or designee of the Executive Director, to execute a project funding agreement, or agreements, with the City of Union City for the design phases of Phases 1, 2, 3 and 4 of the Quarry Lakes Parkway Project up to the amount allocated in the design phases for each segment.

On October 12, 2021, City Council adopted Resolution No. 5841-21 accepting the $4.2 million grant from Alameda CTC’s Project Funding Agreement (PFA) No. A22-0053 and authorizing the use of those funds for Final Design of Phases (Segments) 1 and 2 for the Quarry Lakes Parkway (East West Connector) Project, City Project No. 18-04. Other actions included:

1. Increasing the FY 2021/22 revenue projection in Account Number 4100-91804-44502 (Capital Projects Fund - Misc. County/Local Grants) by $4.2 million.

2. Amending the FY 2021/22 Capital Projects Fund budget by appropriating $4.2 million to Account Number 4100-3199-91804-54110 (Capital Projects Fund - Quarry Lakes Parkway (East West Connector) – Professional Services) for Final Design Services of Phases (Segments) 1 and 2 for the Quarry Lakes Parkway (East West Connector) Project, City Project No. 18-04.

These Alameda CTC and City Council approvals set the framework for the release of a Request for Proposal (RFP) to select a civil engineering consultant with local streets and roads, Complete Streets, and municipal engineering experience through Final Design, Right-of-Way and Construction administered by local public agencies for City Project No 18-04. On October 14, 2021, the project RFP was released to engineering firms on the Alameda CTC’s Certified List, on November 9, 2021, the Pre-Proposal Meeting was held for interested engineering firms and on November 23. 2021 proposals were due. On December 9, 2021, an interview panel consisting of City staff from City Managers’ Office, Economic and Community Development, Public Works, Union City Transit, and representatives from the Bicycle Pedestrian Advisory Team (BPAC) and City Ventures unanimously made the recommendation to selected Mark Thomas and Company, Inc. team for the project.

On January 11, 2022, the City Council, under Resolution No. 5878-22, authorized the City Manager to execute a Consulting Services Agreement, C5833, with Mark Thomas & Company, Inc. for Preliminary Engineering (30% Final Design) of Phases (Segments) 1 and 2 for the Quarry Lakes Parkway (East West Connector) Project, City Project No. 18-04, in the amount of $1,200,000.

DISCUSSION
The Preliminary Engineering (30% Final Design) effort has allowed the consultant team the opportunity to provide a detailed, extensive review of outdated 2011 East West Connector Project Plans (65%) including CAD drawing files, engineering calculations and technical reports to recommend how to update the Project Plans to current design standards and technical reports using the most current engineering criteria and policies. With this task completed, the consultant team and City staff have a better understanding of the complexities of the project and were able to prepare a fair, detailed Scope of Services and Cost Proposal for the Final Design of Phases (Segments) 1 and 2 for Quarry Lakes Parkway.

City Council/RSA Agenda 207 Tuesday, November 22, 2022
Design Revisions
Over the past several months, Mark Thomas’ Consultant Team, city staff along with Alameda County Flood Control & Water Conservation District (ACFC&WCD) have collaborated to revise the overall Quarry Lakes Parkway, Phases 1-4 roadway drainage strategy and design of the bypass from the Line M Flood Control channel located in Phase 1 to the outfall structures into Old Alameda Creek in Phase 2. Basins to store and treat stormwater have been relocated to the east side of Old Alameda Creek; two (2) Old Alameda Creek outfall drainage structures are also proposed to be modified. The redesign of the roadway drainage system will direct stormwater discharge into the under-utilized Old Alameda Creek and save on construction costs. This new concept will create an opportunity to revitalize and restore biological resources within Old Alameda Creek and create trail networks connecting Arroyo Park in Union City to Quarry Lakes Regional Park and the proposed Isherwood Park in Fremont.

Regulatory Permits
On June 24, 2022, Mark Thomas, City staff and ACFC&WCD staff met with San Francisco Regional Water Quality Control Board (RWQCB) staff at Old Alameda Creek for a site visit meeting, where participants walked along the bottom of the dry abandoned creek to discuss the proposed roadway drainage design strategy and the opportunity to revitalize and restore Old Alameda Creek. Overall, the RWQCB staff expressed support for revised drainage and water quality treatment design.

A City Council Study Session was held on July 12, 2022 for an update of the Quarry Lakes Parkway Project (see Attachment 1). The City Manager provided a project overview with a focus on the proposed drainage strategy and design including the relocation of the proposed water quality basins and the opportunity to revitalize Old Alameda Creek with a proposed new trail system. The presentation also included an update of Southern Alameda County Rail (SoCo Rail) Study led by Metropolitan Transportation Commission (MTC) on the proposed intercity rail station next to BART with ACE (Altamont Commuter Rail) proposing daily intercity rail service by 2030, connecting the Bay Area to the Central Valley (San Joaquin and Merced Counties).

As recommended by RWQCB, Mark Thomas, City staff and ACFC&WCD staff met on September 8, 2022 at an inter-agency meeting hosted by the U.S. Army Corp of Engineers, with U.S. Fish and Wildlife Services, California Department of Fish and Wildlife with along with RWQCB in attendance, as well. The City Manager and the Mark Thomas team made a formal presentation of the overall revised Quarry Lakes Parkway (Phases 1-4) roadway drainage strategies and design along with presenting the opportunity to revitalize Old Alameda Creek for their review and early consultation (see Attachment 2). The regulatory agencies provided initial concurrence and expressed initial support for the revised drainage strategy and design.

The regulatory agencies clarified that all the required federal and state permits should cover the entire Quarry Lakes Parkway corridor and cannot be submitted and approved in phases or segments. The agencies also directed the project team to report back with the all the draft federal and state permit applications for their review, discussion and consultation when the Phase 1-4 project plans are updated.

Presentation to BPAC
Following the meeting with the regulatory agencies, Mark Thomas staff presented the proposed roadway drainage strategy and design to the Bicycle and Pedestrian Advisory Committee (BPAC), including the opportunity to revitalize and restore Old Alameda Creek and create trail networks connecting Arroyo Park in Union City to Quarry Lakes Regional Park and the proposed Isherwood Park in Fremont. The BPAC members and the public expressed their support for the proposed trail network system along the creek, connecting existing and proposed parks in Union City and Fremont and revitalizing Old Alameda Creek (see Attachment 3).

City Council/RSA Agenda 208 Tuesday, November 22, 2022
Proposed Contract Amendment
The First Amendment to the Consulting Services Agreement with Mark Thomas & Company, Inc. for Final Design of Phases 1 and 2 of Quarry Lakes Parkway, City Project No. 18-04, in the amount of $3,000,000, will include revising the roadway drainage strategy and design, continue coordination meetings with City staff, the residential developer, ACFC&WCD, regulatory agencies, City of Fremont, AC Transit, BART, BPAC members and utility companies, preparing construction drawings for finalizing the multimodal design including Layout Plans, Grading Plans, Typical Sections, Roadway Profiles, Construction Details, Drainage Layout, Profiles and Detail Plans, Outfall Structures Plans, Utility Plans, Construction Staging Plans, Traffic Signal & Lighting Plans, Signing and Striping Plans, Landscape and Irrigation Plans, preparing regulatory permits applications, utility agreements, specifications and updating engineering reports and Engineers Estimate required for Final Design.

FISCAL IMPACT
There will be no fiscal impact to the General Fund.

The $4.2 million in 1986 Measure B grant funds as identified in the Alameda CTC PFA No. A22-0053, executed on September 7, 2021, will fund 100 percent of the cost for Final Design Services of Phases (Segments) 1 and 2 for the Quarry Lakes Parkway Project. The Consulting Services Agreement, C5833 with Mark Thomas and Company, Inc. approved by City Council on January 11, 2023 allocated $1.2 Million for the Preliminary Design effort with $3.0 million remaining for Final Design.

The First Amendment to the Consulting Services Agreement with Mark Thomas & Company, Inc., C5833, in the amount of $3,000,000, for Final Design of Phases (Segments) 1 and 2 for the Quarry Lakes Parkway Project, City Project No. 18-04, will be funded from Capital Projects Fund Account Number 4100-3199- 91804-54110 (Capital Projects Fund - Quarry Lakes Parkway (East West Connector) – Professional Services).

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute the First Amendment to the Consulting Services Agreement with Mark Thomas & Company, Inc., for Final Design of Phases (Segments) 1 and 2 for Quarry Lakes Parkway (East West Connector), City Project No. 18- 04, in the amount of $3,000,000 (Exhibit A).

Prepared by:

Marilou Ayupan, Public Works Director
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment 1 - July 12 2022 City Council QLP Workshop Attachment City Council/RSA Agenda 209 Tuesday, November 22, 2022
Presentation
Attachment 2 - Sept 8 2022 USArmy Corps Interagency
Meeting_QLP Presentation
Attachment
Attachment 3 - Sept 30, 2022 Bicycle and Ped Advisory Committee Presentation
Attachment
Resolution Resolution
Exhibit A - MTCo Draft AM#1 QLP Phases 1&2 (11.14.22) Exhibit Power Point Attachment
City Council/RSA Agenda 210 Tuesday, November 22, 2022
City Council Study Session
Quarry Lakes Parkway
July 12, 2022
City Council/RSA Agenda 211 Tuesday, November 22, 2022
2 Structure of Presentation:
• Background
• QLP Description, Phases and Timing
• QLP Cost and Funding Sources
• Programming LATIP and ACTC funds
• Decoto Complete Streets
• Old Alameda Creek Enhancement Vision and Meetings
with Regulatory Agencies and Partners
• City Ventures Update
• BART East Entrance (At-grade Crossing)
• Coordination with MTC and ACE for Union City Station
Quarry Lakes Parkway Study Session – July 12, 2022
City Council/RSA Agenda 212 Tuesday, November 22, 2022
3 Quarry Lakes Parkway Study Session – July 12, 2022
Gateway
Site
City Council/RSA Agenda 213 Tuesday, November 22, 2022
4 Quarry Lakes Parkway Study Session – July 12, 2022
Background 2018:
• Alameda CTC made Union City Lead Agency March 15, 2018 • Granted Union City $2.5 million to:
• Complete design work (EWC Connector Segments B, C & D) • Secure regulatory permits
• Evaluate need for additional environmental work
• Prepare a traffic analysis
• Work with transit, pedestrian, and bicycle groups to ensure QLP is designed to meet interests of groups
• Submit updated cost estimate
• Report back upon completion of design work
City Council/RSA Agenda 214 Tuesday, November 22, 2022
5 Quarry Lakes Parkway Study Session – July 12, 2022
Background 2018:
• Alameda CTC provided Union City
• 65% drawings (EWC, Segment B, C & D)
• Limited documentation to secure permits –
no permits secured
• $2.5 million to prepare 100% construction
documents/bid package
• Inadequate funding to complete work
• City Manager briefed Alameda CTC November
19, 2020

PERMITS
• Union Pacific
• RWQCB
• Cal Fish and Wildlife
• Nat. Marine Fisheries
• Army Corp of Eng.
• ACFCWCD
• BART
City Council/RSA Agenda 215 Tuesday, November 22, 2022
6 Quarry Lakes Parkway Study Session – July 12, 2022
Alameda CTC 2020 Presentation:
• Transportation Memo prepared by Kittleson Associates:
• Supported adopted land use plans
• Reduced Vehicle Hours Traveled and Vehicle Miles Traveled • Enhanced transit services, pedestrian and bicycle safety • Aligns with Bay Area 2050
• Improved traffic circulation to and from Station District • Consistent with EIR
• Legal documentation Certified EIR adequate for QLP
City Council/RSA Agenda 216 Tuesday, November 22, 2022
7 Quarry Lakes Parkway Study Session – July 12, 2022
• Meetings with other agencies and
partners
• Phasing design and construction
plan for QLP and updated costs
Partners and Agencies
• AC Transit
• ACE
• BART
• Dumbarton Rail
• Bike East Bay
• Alameda CTC BPAC
• Union City BPAC
• EBRPD
• City of Fremont
Alameda CTC 2020 Presentation:

City Council/RSA Agenda 217 Tuesday, November 22, 2022
8 Quarry Lakes Parkway Study Session – July 12, 2022
Alameda CTC Action:
• Adopted Resolution No. 20-013
• Committed $22 million from Measure BB to compete design Phases 1, 2, 3, and 4 upon submission of full funding plan • Convene meetings with Fremont, and AC Transit to evaluate potential for transit priority lanes along Decoto Road
• Employ design features along QLP for highest quality transit • Hold publicly noticed meetings with bicycle, pedestrian, and transit advocates on design elements of QLP
City Council/RSA Agenda 218 Tuesday, November 22, 2022
9 Quarry Lakes Parkway Phases:

Quarry Lakes Parkway Study Session – July 12, 2022
City Council/RSA Agenda 219 Tuesday, November 22, 2022
10 Quarry Lakes Parkway Study Session – July 12, 2022
City Council/RSA Agenda 220 Tuesday, November 22, 2022
11 Quarry Lakes Parkway: Connectivity
Quarry Lakes Parkway Study Session – July 12, 2022
City Council/RSA Agenda 221 Tuesday, November 22, 2022
12 Quarry Lakes Parkway Timeline:

Quarry Lakes Parkway Study Session – July 12, 2022
City Project 18-04: Quarry Lakes Parkway & Decoto Complete Streets Project

PROPOSED PROJECT SCHEDULE FOR QLP-PHASES
Updated June 14, 2022 Funded Phase Unfunded Phase
Based on DRAFT QLP Project Delivery Plan
PHASES
Design
Right of Way a
Permitting
Construction
Design
Right of Way
Permitting
Construction
Design
Right of Way
Permitting
Construction
Design
Right of Way
Permitting
Construction
Design
Right of Way
Permitting
Construction
Design
Right of Way
Permitting
Construction
2021 2022 2023 2024 2025 2026 2027 2028 2031 2032
Phase 4
ANR Connection
(BART-UP Grade
Sep)
Phase 5 & B
Paseo & Trail
Connection
Phase A
FremontDecoto
Complete
2029 2030
Pnase 1
7th St.

Connection
Phase 2
Gateway
Connection
Phase 3
11th Connection
(UP Grade Sep)
City Council/RSA Agenda 222 Tuesday, November 22, 2022
13 Quarry Lakes Parkway Project Cost
Phases 1-4
$ 22.0 M Design
$ 18.7 M Permits and Mitigation
$ 145.6 M Construction
$ 21.7 M Construction Management
$208.1 M Total
City Council/RSA Agenda 223 Tuesday, November 22, 2022
14 Quarry Lakes Parkway Study Session – July 12, 2022
Phase 5
$ 5.9 M Design
$ 3.2 M Permits and Mitigation
$ 45.0 M Construction
$ 5.9 M Construction Management
$ 60.0 M Total
City Council/RSA Agenda 224 Tuesday, November 22, 2022
15 Quarry Lakes Parkway Study Session – July 12, 2022
California Transportation Commission
Agreed to Program $86,184,000 LATIP
$ 82,000 to
$ 400,000
Caltrans Administration
$ 7,035,000 Santa Clara VTA:

I-880/Mission Interchange BART
$17,720,000 Fremont restoration of Historic Route 84
$61,000,000 Approximate, Union City, East-West Connector City Council/RSA Agenda 225 Tuesday, November 22, 2022
16 Quarry Lakes Parkway Study Session – July 12, 2022
Funding Sources
$ 69 M Measure B Funds
$ 14.3 M 2005-CMA TIP (Transportation
Improvement Program)
$ 61 M Union City share of LATIP
$ 40 M TEP 21 Dumbarton Corridor
$ 72 M TEP 22 Intermodal Station
$256.3 M Total
City Council/RSA Agenda 226 Tuesday, November 22, 2022
17 Quarry Lakes Parkway Study Session – July 12, 2022
Alameda CTC Submission:
• Full Funding Plan
• BPAC quarterly meeting documentation
• Documentation - Coordination with Fremont, AC Transit, BART, and MTC-ACE to ensure QLP will employ design
features most compatible with transit
City Council/RSA Agenda 227 Tuesday, November 22, 2022
18 Quarry Lakes Parkway Phases:

Quarry Lakes Parkway Study Session – July 12, 2022
City Council/RSA Agenda 228 Tuesday, November 22, 2022
19 Quarry Lakes Parkway Study Session – July 12, 2022
QLP Phase A: Decoto Complete Streets
Fremont is lead agency
City Council/RSA Agenda 229 Tuesday, November 22, 2022
20 Quarry Lakes Parkway Phases 1-4:

Quarry Lakes Parkway Study Session – July 12, 2022
City Council/RSA Agenda 230 Tuesday, November 22, 2022
21 Quarry Lakes Parkway Study Session – July 12, 2022
City Council/RSA Agenda 231 Tuesday, November 22, 2022
22 Quarry Lakes Parkway Study Session – July 12, 2022
City Council/RSA Agenda 232 Tuesday, November 22, 2022
23 Quarry Lakes Parkway Study Session – July 12, 2022
City Council/RSA Agenda 233 Tuesday, November 22, 2022
24 Quarry Lakes Parkway Study Session – July 12, 2022
City Council/RSA Agenda 234 Tuesday, November 22, 2022
25 Old Alameda Creek Restoration Vision
Quarry Lakes Parkway Study Session – July 12, 2022
City Council/RSA Agenda 235 Tuesday, November 22, 2022
26 Old Alameda Creek Property Owners
Quarry Lakes Parkway Study Session – July 12, 2022
City Council/RSA Agenda 236 Tuesday, November 22, 2022
27 Old Alameda Creek Existing Conditions
Quarry Lakes Parkway Study Session – July 12, 2022
City Council/RSA Agenda 237 Tuesday, November 22, 2022
28 Old Alameda Cross Section
Quarry Lakes Parkway Study Session – July 12, 2022
City Council/RSA Agenda 238 Tuesday, November 22, 2022
29 Bioretention Open Space Amenity
Quarry Lakes Parkway Study Session – July 12, 2022
City Council/RSA Agenda 239 Tuesday, November 22, 2022
30 Gateway Site Vision
• 25 acres
• Up to 535 residential
units
• 135 affordable units
• 3-acre new park
dedication
• 0.5 acre historic
resource area
Quarry Lakes Parkway Study Session
City Council/RSA Agenda 240 Tuesday, November 22, 2022
31 Quarry Lakes Parkway Study Session – July 12, 2022
At Grade
Crossing
Status
City Council/RSA Agenda 241 Tuesday, November 22, 2022
At-Grade Crossing Union Pacific Railroad Required Improvements 32

NEW BART

PEDESTRIAN

AT-GRADE XING

DECOTO ROAD

PEDESTRIAN

CROSSING

IMPROVEMENTS
“I” ST. AT-GRADE

CROSSING
(CLOSURE)
Quarry Lakes Parkway Study Session – July 12, 2022
City Council/RSA Agenda 242 Tuesday, November 22, 2022
33 Quarry Lakes Parkway Study Session – July 12, 2022
Exhibit 2 Showing:

UP requested remote improvements and signalization
improvements
City Council/RSA Agenda 243 Tuesday, November 22, 2022
34 Quarry Lakes Parkway Study Session – July 12, 2022
S
S S

City Council/RSA Agenda 244 Tuesday, November 22, 2022
2030 Vision for ACE Network
City Council/RSA Agenda 245 Tuesday, November 22, 2022
36 Summary of Review
• QLP Phases and Timing
• QLP Cost and Funding Sources
• Discussed Decoto Complete Streets
• Old Alameda Creek Enhancement Vision and Meetings
with Regulatory Agencies and Partners
• City Ventures Update
• BART East Entrance (At-grade Crossing)
• Coordination with MTC and ACE for Union City Station
Quarry Lakes Parkway Study Session – July 12, 2022
City Council/RSA Agenda 246 Tuesday, November 22, 2022
37 Next Steps
• Work with ACTC on Full Funding Plan
• UPRR Agreement and Permits for
Construction of East Entrance
• Facilitate City Venture development
City Council/RSA Agenda 247 Tuesday, November 22, 2022
38 Quarry Lakes Parkway Study Session – July 12, 2022
Recommendation
Staff recommends that the City Council accept the Staff Report and ask clarifying questions
City Council/RSA Agenda 248 Tuesday, November 22, 2022

QUARRY LAKES PARKWAY
Presentation to Corps’ Interagency Coordination
September 8, 2022
City Council/RSA Agenda 249 Tuesday, November 22, 2022
2 Seeking Concurrence on Key Aspects of Storm Water
Management prior to Formal Permit Applications
 Extension of Line M Bypass Channel to outfall north of QLP to Old Alameda Creek
 Local stormwater collection system that brings water to upland bioretention water quality treatment areas to
discharge into Old Alameda Creek
 Use of Old Alameda Creek for hydro-modification
Project Team will consult separately with agencies regarding mitigation for loss of federal and state waters/wetland.

City Council/RSA Agenda 250 Tuesday, November 22, 2022
3 Agenda:
• General Project Overview and Design Status
• Quarry Lakes Parkway
• Purpose of Meeting: Elicit input on approach to
stormwater treatment/ management and restoration
of Old Alameda Creek
• Basic Premise: Old Alameda Creek need
additional water to restore and enhance its riparian
environment
Quarry Lakes Parkway – September 8, 2022
City Council/RSA Agenda 251 Tuesday, November 22, 2022
4 Project Overview and Design Status
 Former Alameda CTC East-West Connector (EWC) Project – Corps File No. 2008-00012  Environmental Approval with 2009 East-West Connector EIR (ACTIA)  Preliminary permit discussions with USACE, USFWS, RWQCB, and CDFW regarding EWC from 2011 to 2016
 EWC Design Team prepared 65% 2011 EWC Plans and Project put on-hold  In 2018, ACTC transferred ownership of the project to Cities of Union City and Fremont  Union City renamed the project – Quarry Lakes Parkway  In 2021, State transferred the 30 acre parcel to Union City  Fremont: Decoto Complete Streets, Phases A & B (2018)  Union City: Quarry Lakes Parkway (QLP), Phases 1-5 (2018)  EWC redesigned to meet local multimodal & complete street designs  QLP footprint within the approved EWC Environmental Document City Council/RSA Agenda 252 Tuesday, November 22, 2022
5 Quarry Lakes Parkway Phasing Plan
 Decoto, Phase A
90% Design Status
 QLP, Phases 1 & 2
35% Design Status
 QLP, Phases 3 & 4
(Consultant late 2022)
 QLP, Phase 5
Future
City Council/RSA Agenda 253 Tuesday, November 22, 2022
6 Quarry Lakes Parkway Redesign Approach
City Council/RSA Agenda 254 Tuesday, November 22, 2022
7 Old Alameda Creek Vision
Proposed
Water Quality
Basin
Use Old Alameda Creek for
hydro-modification, Line M
bypass discharge and storm
discharges from QLP and
adjacent development
Existing Aerial View
Drainage Design
City Council/RSA Agenda 255 Tuesday, November 22, 2022
8 Old Alameda Creek Existing Conditions
City Council/RSA Agenda 256 Tuesday, November 22, 2022
9 Old Alameda Creek Cross Section
City Council/RSA Agenda 257 Tuesday, November 22, 2022
10 Potential Effects to Biological Resources
 Potential disturbance to California Red-Legged Frogs, California Tiger Salamanders and Western Pond Turtle
 Potential Loss of Nesting Migratory Birds
 Temporary or permanent Loss of Willow Riparian Woodland and Shrub Data Source:

Final Environmental Impact Report
(SCH#2007102078)
Section 3.3 “Biological Resources
Dated: April 2009
City Council/RSA Agenda 258 Tuesday, November 22, 2022
11 Historic Resources
 Previously CEQA Clearance only
 Historic Peterson Farm, adjacent
but not physically affected by the
project
 Federal compliance to Section
106 of NHPA because of federal
agencies’ permitting
Peterson House from driveway, north elevation, facing south City Council/RSA Agenda 259 Tuesday, November 22, 2022
12 Permit Requirements
 Corps Section 404 Clean Water Act for Phases 1-4
 Basin 2C
 Line M
 Old Alameda Creek outfalls
 Old Alameda Creek restoration (if fill involved)
 Consultation with U.S. Fish and Wildlife Service (Section 7) re: California red-legged frog and California tiger salamander
 Consultation with State Historic Preservation Officer (Section 106)  California Department of Fish & Wildlife – Section 1602 Streambed Alteration Agreement Documentation (Line M and Old Alameda Creek)
 California Department of Fish & Wildlife – Section 2081 Incidental Take Permit (California Tiger Salamander)
 Regional Water Quality Control Board – Section 401 Water Quality Certification/Waste Discharge Requirements (Basin 2C, Line M, New Basin and Old Alameda Creek)  SF Bay Area Air Quality Management District Demolition Permit (Silva farmhouse complex) City Council/RSA Agenda 260 Tuesday, November 22, 2022
13 City’s Vision for QLP and Old Alameda Creek
• Promote safe, efficient, and
convenient multimodal travel
corridor to achieve beneficial public
life, neighborhood livability and
economic vitality
• Joint planning process
o Flood control facility
o Support future affordable housing
o Enhance natural resources
o Open space and recreation
opportunities
o Complete trail connectivity
City Council/RSA Agenda 261 Tuesday, November 22, 2022
14 Seeking Concurrence on Key Aspects of Storm Water
Management prior to Formal Permit Applications
 Extension of Line M Bypass Channel to outfall north of QLP to Old Alameda Creek
 Local stormwater collection system that brings water to upland bioretention water quality treatment areas to
discharge into Old Alameda Creek
 Use of Old Alameda Creek for hydro-modification
QUESTIONS?
City Council/RSA Agenda 262 Tuesday, November 22, 2022

BICYCLE PEDESTRIAN ADVISORY COMMITTEE
Quarry Lakes Parkway Update
September 20, 2022
City Council/RSA Agenda 263 Tuesday, November 22, 2022
2 Quarry Lakes Parkway
is also a Major Flood Control Project (Storm Management) • Line M Bypass System (ACFC&WCD)
• Major outfall structure into Old Alameda Creek
• Roadway and development storm water runoff
• Major Water Treatment & Detention Basins
• Secondary outfall into Old Alameda Creek
• Creek Restoration
• Regulatory Agency Permits
Quarry Lakes Parkway Update
City Council/RSA Agenda 264 Tuesday, November 22, 2022
3 Quarry Lakes Parkway Phases 1-4:

Quarry Lakes Parkway Upate
City Council/RSA Agenda 265 Tuesday, November 22, 2022
4 Quarry Lakes Parkway Update
City Council/RSA Agenda 266 Tuesday, November 22, 2022
5 Quarry Lakes Parkway Study Session – July 12, 2022
City Council/RSA Agenda 267 Tuesday, November 22, 2022
6 Quarry Lakes Parkway Study Session – July 12, 2022
City Council/RSA Agenda 268 Tuesday, November 22, 2022
7 Quarry Lakes Parkway Study Session – July 12, 2022
City Council/RSA Agenda 269 Tuesday, November 22, 2022
8 Creek History
• Under-utilitize Waterway
• Unsheltered Housing
• Illegal Dumping
• Encampment Fires
• Criminal Activities
• Invasive trees & plants
Restoration Opportunities
Quarry Lakes Parkway Update
City Council/RSA Agenda 270 Tuesday, November 22, 2022
9 Old Alameda Creek Existing Conditions
Quarry Lakes Parkway Update
City Council/RSA Agenda 271 Tuesday, November 22, 2022
10 Old Alameda Creek Property Owners
Quarry Lakes Parkway Update
City Council/RSA Agenda 272 Tuesday, November 22, 2022
11 Old Alameda Creek Restoration Vision
Quarry Lakes Parkway Update
City Council/RSA Agenda 273 Tuesday, November 22, 2022
12 Old Alameda Cross Section
Quarry Lakes Parkway Update
City Council/RSA Agenda 274 Tuesday, November 22, 2022
13 Bioretention Open Space Amenity
Quarry Lakes Parkway Update
City Council/RSA Agenda 275 Tuesday, November 22, 2022
14 Parks and Trails
• Re-Organize Open Space
• Ex. Parks (Arroyo & Quarry
Lakes)
• Prop. Parks (Isherwood)
• Prop. Water Treatment
Basin
• Existing Trails
• Proposed Trails
Quarry Lakes Parkway Update
City Council/RSA Agenda 276 Tuesday, November 22, 2022
15 Summary of Review
• Flood Control Improvements
• Old Alameda Creek Restoration
• Re-Organization of Open Spaces
• New Trail Connections
Quarry Lakes Parkway Update
City Council/RSA Agenda 277 Tuesday, November 22, 2022
16 Quarry Lakes Parkway Update
Next Steps
City Council/RSA Agenda 278 Tuesday, November 22, 2022
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO

THE CONSULTING SERVICES AGREEMENT WITH MARK THOMAS & COMPANY, INC., FOR THE FINAL DESIGN OF PHASES (SEGMENTS) 1 AND 2 FOR QUARRY

LAKES PARKWAY (EAST WEST CONNECTOR),
CITY PROJECT NO. 18-04, IN THE AMOUNT OF $3,000,000
WHEREAS, the Alameda County Transportation Commission (Alameda CTC) approved the request from the City of Union City to be the project sponsor for the remaining phases of the I-880 to Mission Boulevard/East West Connector Project and to update the project description eligible for the remaining commitment from the 1986 Measure B Transportation Expenditure Plan to reflect the Quarry Lakes Parkway Project; and WHEREAS, on February 12, 2019, the City Council adopted Resolution No. 5444-19, which authorized renaming the I-880 to Mission Boulevard/East West Connector Project to the Quarry Lakes Parkway Project; and
WHEREAS, the City Council has identified in the Strategic Plan Goal C, Strategy 3:

Facilitate the build-out of the greater Station District Area through the construction of the Quarry Lakes Parkway, upgrades to the BART Station, completion of the pedestrian rail crossing and the sale and development of City-owned land; and
WHEREAS, the Project consists of Quarry Lakes Parkway (QLP) in Union City and Decoto Road Compete Streets Project in Fremont, which will be implemented by the City of Fremont; and
WHEREAS, QLP in Union City consists of Phase 1: 7
th Street Connection, Phase 2:

Gateway Connection, Phase 3: 11th Street Connection and Phase 4: Grade Separations and Alvarado-Niles Connection. Phase 5: Paseo Padre and Trail Connection is in both the cities of Union City and Fremont; and
WHEREAS, the remaining commitment of 1986 Measure B funding available for the QLP is approximately $69 Million; and
WHEREAS, the current cost estimate for the QLP and Decoto Road Complete Streets is approximately $288 Million and the cost estimate of QLP Phases 1-4 is approximately $208 Million; and
WHEREAS, on November 19, 2020, the Alameda CTC adopted Resolution No. 20-013 that included approval for the use of 1986 Measure B and 2014 Measure BB funding on individual sub-projects or project phases of the QLP, which are fully funded; and City Council/RSA Agenda 279 Tuesday, November 22, 2022
WHEREAS, on March 9, 2021, the City Council adopted Resolution Nos. 5720-21 and 5721-21 authorizing commitments of Measure BB TEP 21, Dumbarton Corridor Improvement funds of $40.0 Million and TEP 22, Union City Intermodal District funds of $72.0 Million to Quarry Lakes Parkway Project for Phases 3 and Phase 4; and WHEREAS, on June 24, 2021, the California Transportation Commission (CTC) approved the conveyance of excess Caltrans parcels (originally reserved for Route 84) appraised at $86.0 Million to the City of Union City and the City is now responsible to select a residential developer; and
WHEREAS, the $86.0 Million from the sale of the Caltrans parcels for residential development will fund the Local Agency Transportation Improvement Program (LATIP) with estimated LATIP obligations of about $60.0 Million to Quarry Lakes Parkway and Decoto Road Complete Streets; and
WHEREAS, on September 7, 2021, Union City received a $4.2 Million grant in 1986 Measure B funds in the executed Alameda CTC Project Funding Agreement No. A22-0053 to fund the cost of Final Design Services of Phases (Segments) 1 and 2 for Quarry Lakes Parkway (East West Connector), City Project No. 18-04; and
WHEREAS, on October 12, 2021, City Council adopted Resolution No. 5841-21 approving acceptance of the $4.2 Million grant and increasing the FY 2021/22 revenue projection in Account Number 4100-91804-44502 (Capital Projects Fund – Misc. County/Local Grants) by $4.2 Million for Quarry Lakes Parkway (East West Connector) Project, City Project No. 18-04; and
WHEREAS, on October 12, 2021, City Council also approved an amendment to the FY 2021/22 Capital Projects Fund budget by appropriating $4.2 Million to Account Number 4100- 3199-91804-54110 (Capital Projects Fund - Quarry Lakes Parkway (East West Connector) Project - Professional Services) for Final Design Services of Phases (Segments) 1 and 2 for the Quarry Lakes Parkway (East West Connector) Project, City Project No. 18-04; and WHEREAS, on January 11, 2022, the City of Union City, under Resolution No. 5878- 22, authorized the City Manager to execute a Consulting Services Agreement, C5833, with Mark Thomas & Company, Inc. for Preliminary Engineering (30% Final Design) of Phases (Segments) 1 and 2 for the Quarry Lakes Parkway (East West Connector) Project, City Project No. 18-04, in the amount of $1,200,000 with $3.0 Million remaining in Account Number 4100-3199-91804- 54110 (Capital Projects Fund - Quarry Lakes Parkway (East West Connector) Project - Professional Services) for Final Design; and
WHEREAS, the Preliminary Engineering (30% Final Design) has allowed the Mark Thomas Consultant team the opportunity to provide a detailed, extensive review of outdated 2011 East West Connector Project Plans (65%) including CAD drawing files, engineering calculations and technical reports to recommend how to update the Project Plans to current City Council/RSA Agenda 280 Tuesday, November 22, 2022
design standards and technical reports using the most current engineering criteria and policies.

With this this task completed, the Consultant team and City staff have a better understanding of the complexities of the project and has been able to prepare a fair, detailed Scope of Services and Cost Proposal for the Final Design of Quarry Lakes Parkway, Phases 1 and 2; and WHEREAS, the 2011 East West Connector project identified a large outfall structures into Old Alameda Creek for the proposed Line M Bypass pipeline originating at the existing Line M Channel near 7th Street, a second outfall structure into Old Alameda Creek for roadway drainage from Quarry Lakes Parkway during non-peak flow of two (2) deep water treatment bioretention/hydromodification basins within the Caltrans Property about 5.0 acres along Osprey Drive across the street from the existing residential housing; and WHEREAS, within the past several months Mark Thomas’ Consultant Team, city staff along with Alameda County Flood Control & Water Conservation District (ACFC&WCD) have collaborated to revise the overall Quarry Lakes Parkway, Phases 1-4 roadway drainage strategy and design from Line M Flood Control channel located in Phase 1 to the outfall structures into Old Alameda Creek in Phase 2 by relocating the water quality bio-retention/hydromodification basins to the upland area along east side of Old Alameda Creek making the area along Osprey Drive available for development, modifying the locations of the two (2) Old Alameda Creek outfall drainage structures to support drainage design and the new basin location and added overflow stormwater runoff from the Line M Flood Control Channel directly into under-utilized Old Alameda Creek with the opportunity to revitalize and restore biological resources within Old Alameda Creek and create trail networks connecting Arroyo Park in Union City to Quarry Lakes Regional Park and the proposed Isherwood Park in Fremont; and WHEREAS, on September 20, 2022, at the Bicycle and Pedestrian Advisory Committee (BPAC) meeting, Mark Thomas presented the proposed roadway drainage strategy and design including the opportunity to revitalize and restore biological resources within Old Alameda Creek and create trail networks connecting Arroyo Park in Union City to Quarry Lakes Regional Park and the proposed Isherwood Park in Fremont. The BPAC members and the public expressed their support for the proposed trail network system along the creek, connecting existing and proposed parks in Union City and Fremont and revitalizing Old Alameda Creek; and WHEREAS, the First Amendment to the Consulting Services Agreement with Mark Thomas & Company, Inc., in the amount of $3,000,000, for Final Design of Phases 1 and 2 of Quarry Lakes Parkway, City Project No. 18-04, will include revising the roadway drainage strategy and design, continue coordination meetings with city staff, residential developer, Alameda County Flood Control & Water Conservation District, regulatory agencies, City of Fremont, AC Transit, BART, BPAC members and utility companies, preparing construction drawings for finalizing the multimodal design including Layout Plans, Grading Plans, Typical Sections, Profiles, Construction Details, Drainage Layout, Profiles & Detail Plans, Utility Plans, Construction Staging Plans, Traffic Signal & Lighting Plans, Signing & Striping Plans, Landscape and Irrigation Plans, preparing regulatory permits applications, utility agreements, specifications and updating engineering reports and Engineers Estimate required for Final Design; and
City Council/RSA Agenda 281 Tuesday, November 22, 2022
WHEREAS, the First Amendment to the Consulting Services Agreement with Mark Thomas & Company, Inc., for Final Design, in the amount $3,000,000, will be funded with the $3.0 Million remaining balance from the $4.2 Million grant appropriated to the Capital Project Fund (Account Number 4100-3199-91804-54110) for Phases 1 and 2 of Quarry Lakes Parkway, City Project No. 18-04.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute the First Amendment to the Consulting Services Agreement with Mark Thomas & Company, Inc., for Final Design of Phases (Segments) 1 and 2 for the Quarry Lakes Parkway (East West Connector) Project, City Project No. 18-04, in the amount of $3,000,000 (Exhibit A).

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 22nd day of November 2022, by the following vote:

City Council/RSA Agenda 282 Tuesday, November 22, 2022
First Amendment to the Consulting Services Agreement
between City of Union City and Mark Thomas & Company, Inc.

Page 1 of 29 ends

Union City City CouncilNovember 22, 2022

Union City City Council
November 22, 2022