AGENDA
CITY OF UNION CITY/
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, February 28, 2023
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 Gary Singh
Councilmember Jaime Patiño
Councilmember Scott Sakakihara
Councilmember Jeff Wang
2. UNFINISHED BUSINESS - None
3. PROCLAMATIONS AND PRESENTATIONS - None
4. ORAL COMMUNICATIONS
An individual speaker shall have three minutes to address the Council on non-agenda items under the Oral Communications section of the agenda. The Mayor may, in their discretion, lower the time limit to less than three minutes based on the number of speakers and/or business to be conducted by the City Council.
Members of the public who wish to speak to the Council under the City Council/RSA Agenda 1 Tuesday, February 28, 2023
first Oral Communications section are requested to complete a speaker card, giving their name and city of residence. If a speaker wants further notification from the City, the speaker may include a mailing address. Neither a speaker card or identification of name, city of residence or mailing address are not required to provide public comment but are requested for record keeping purposes.
4.a. Written Public Comment - Wallace
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 February 14, 2023
5.c. Adopt A Resolution Approving The Union City Transit Public Transportation Agency Safety Plan Update For 2022
5.d. Adopt A Resolution Authorizing The Transfer Of $87,180 From The Kennedy Center Parking Lot Rehabilitation Project To The Alvarado/Cesar Chavez Parks Improvement Project, City
Project No. 21-23
5.e. Adopt A Resolution Approving An Amendment To The City’s Classification & Compensation Plan To Increase The Maximum Hourly Rate For The Project Specialist To $116 Per Hour In Conformance With California Code Of Regulations, Title 2, Section 570.5
5.f. Adopt A Resolution Approving The First Amendment To The Consulting Services Agreement With Cascadia Consulting
Group, Inc. (C5881), For Technical Assistance Consulting Services, To Extend The Expiration Of The Agreement To
December 31, 2024, And To Increase The Agreement Amount By $150,000, For A Total Not-To-Exceed Contract Amount Of $224,970, And Authorizing The City Manager To Execute The First Amendment In A Form Approved By The City Attorney
6. PUBLIC HEARINGS - None
7. CITY MANAGER REPORTS
7.a. 1) Waive The First Reading And Introduce An Ordinance, For Zoning Text Amendment, AT-23-001, Updating Chapters 18.08, Definitions, 18.36, Commercial Districts, And 18.39 Union Landing Commercial (CUL) District, To Add Definitions, Update Regulations, And Streamline Review Processes For Outdoor City Council/RSA Agenda 2 Tuesday, February 28, 2023
Dining Areas, And Find That The Zoning Text Amendments Are Exempt From Environmental Review In Accordance With The California Environmental Quality (CEQA) Act Guidelines
Section 15061(B)(3), The General Exemption For Projects With No Potential For A Significant Effect On The Environment; And 2) Provide An Update On The Covid-19 Response Grant Program
8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY -
None
9. AUTHORITIES AND AGENCIES - None
10. CITY COMMISSION / COMMITTEE REPORTS - None
11. SCHEDULED ORAL COMMUNICATION - None
12. ITEMS REFERRED BY COUNCIL
13. GOOD OF THE ORDER
14. CLOSED SESSION - None
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
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 City Council/RSA Agenda 3 Tuesday, February 28, 2023
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:
1.Click Raise Hand in the webinar controls. The host will be notified that you've raised your hand.
2.If the host allows you to talk, you may be prompted to unmute yourself. While unmuted, your profile picture and name is displayed to the host and panelists. Only your name is displayed to other attendees.
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Zoom Shortcuts:
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Please click the link below to join the webinar:
http://citycouncil-live.unioncity.org/
Passcode: u8SH9cH^
Or Telephone:
Dial US: +1 408 638 0968 or +1 646 518 9805 or +1 213 338 8477 or +1 301 715 8592 Webinar ID: 817 1903 7355
Passcode: 47671055
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.
City Council/RSA Agenda 4 Tuesday, February 28, 2023
Agenda Item
ATTACHMENTS:
Description Type
Written Public Comment - Wallace Attachment
City Council/RSA Agenda 5 Tuesday, February 28, 2023
2/28/23, 11:21 AM Mail - Anna M. Brown - Outlook
https://outlook.office365.com/mail/id/AAMkAGQ5M2I3MmQyLTlmNzctNGM0ZS1iMmNkLTI1YzRhYjg0ZTQ2MgBGAAAAAACM05ubLbLATamVpjYkTD… 1/1 Written comment next Tuesday street city lights project
KENDAHYL WALLACE
Thu 2/23/2023 9:31 PM
To: City Clerk <[email protected]>
WARNING: External email. Please verify sender before opening attachments or clicking on links.
Dear Madam mayor and City council.
Good Evening
I Just want to bring everyone attention the need push for a grant by the state of California to pay for citywide led lighting project. It is much needed in our neighborhoods, city hall property and city medians. They are so many street lights outages around city . Lastly by switching to energy efficient lighting it will help with crime and be good for the environment .Overall it will save the city money in the long run.
Kendahyl
Sent from my iPhone
City Council/RSA Agenda 6 Tuesday, February 28, 2023
Agenda Item
ATTACHMENTS:
Description Type
Draft Minutes Sp CC2/14/23 Attachment
Draft Minutes Reg CC2/14/23 Attachment
City Council/RSA Agenda 7 Tuesday, February 28, 2023
MINUTES
CITY OF UNION CITY
CITY COUNCIL SPECIAL MEETING
Tuesday, February 14, 2023
6:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587
1. CALL TO ORDER
Mayor Dutra-Venaci called the meeting to order at 6:00 p.m.
Roll Call Present: Councilmembers Patiño, Sakakihara,
Wang, Vice Mayor Singh, Mayor DutraVernaci
Absent: None
2. ORAL COMMUNICATIONS - None
3. CLOSED SESSION
3.a. Conference With Labor Negotiators
Gov. Code Section 54957.6
Agency designated representative for Employee Organizations:
Lilybell Nakamura, Human Resources Director
Charles Flescher, IEDA Representative
For Unrepresented Employees:
Kristopher J. Kokotaylo, City Attorney
Employee organization:
Management Employees Group (MEG)
Professional Employees Group (PEG)
Service Employees International Union, Local 1021 (SEIU) Unrepresented employees:
Employees subject to the Compensation and Benefit Plan for Unrepresented Employees
City Council/RSA Agenda 8 Tuesday, February 28, 2023
4. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 6:34 p.m. with no reportable action.
Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 9 Tuesday, February 28, 2023
MINUTES
CITY OF UNION CITY/
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, February 14, 2023
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587
1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 7:05 p.m.
1.a. Pledge of Allegiance
Mayor Dutra-Vernaci led the salute to the flag.
1.b. Roll Call Present: Councilmembers Patiño, Sakakihara, Wang, Vice Mayor Singh, Mayor Dutra-Vernaci
Absent: None
Mayor Dutra-Vernaci announced the passing of Alameda County Supervisor Richard Valle. In recognition of him, Mayor Dutra-Vernaci stated there will be a moment of silence and the meeting will be adjourned in his honor.
2. UNFINISHED BUSINESS - None
3. PROCLAMATIONS AND PRESENTATIONS
3.a. Proclamation Recognizing February as Black History Month Mayor Dutra-Vernaci read the proclamation aloud and presented it to Human Relations Commission, Michelle Wms-Smith. A video performance of “Life Every Voice and Sing” was played.
4. ORAL COMMUNICATIONS
Public comment was given by Wendy Huang.
5. CONSENT CALENDAR
City Council/RSA Agenda 10 Tuesday, February 28, 2023
It was moved by Vice Mayor Singh and seconded by Councilmember Wang to adopt consent calendar items 5.a. through 5.l. The motion was carried by a unanimous roll call vote.
5.a. Waived Further Reading of Proposed Ordinance
(This permits reading the title only in lieu of reciting the entire text of any proposed Ordinance.)
5.b. Approved The Minutes Of The City Council Meetings Held On January 24, 2023 And February 7, 2023
5.c. Adopted Resolution No. 6076-23 Awarding A Contract To Owen Equipment For The Purchase Of Two Street Sweepers, City Project No. 22-23, In The Amount Of $944,200, Declaring Two Street Sweepers As Surplus And Authorizing Their Sale At Auction
5.d. Adopted Resolution No. 6077-23 Authorizing An Amendment To The Authorized Position List Of The Fiscal Year 2022-23 Operating Budget To Remove One Lead Outreach Worker Position And Add One Case Manager Position In The Youth And Family Services Division, Community & Recreation Services Department
5.e. Adopted Resolution No. 6078-23 Appointing Individuals To Serve On The Sales Tax And Utility Users’ Tax Oversight Committee (Oversight Committee) For A Two-Year Term Expiring March 23, 2025
5.f. Adopted Resolution No. 6079-23 Authorizing The Addition Of One Police Office Assistant (POA) Position
5.g. Adopted Resolution No. 6080-23 Accepting Completion Of The 2021-2022 Citywide Street Pavement Rehabilitation Project, City Project No. 22-01
5.h. Adopted Resolution No. 6081-23 Accepting Completion Of The Union Landing Gateway Walls Improvement Project, City Project No. 21-23
5.i. Adopted Resolution No. 6082-23 Authorizing City Staff To File Annual Funding Applications With The Metropolitan Transportation Commission For Allocation Of Funds For The Operation Of Union City Transit And Paratransit For Fiscal Year 2022-2023
5.j. Adopted Resolution No. 6083-23 Approving The Second Amendment To The Consulting Services Agreement With Aaron Welch Planning (C5386), For Contract Planning Services, To Extend The Expiration Of The Agreement To December 31, 2024 And To Increase The Agreement Amount By $100,000, For A Total Not To Exceed Amount Of $275,000, And Authorizing The City Manager To Execute The Amendment In A Form Approved By The City Attorney
5.k. Adopted Resolution No. 6084-23 Approving The Renewal Of A Microsoft Enterprise Agreement With Softchoice Corporation, Inc., For A Three-Year City Council/RSA Agenda 11 Tuesday, February 28, 2023
Term, In A Not-To-Exceed Aggregate Sum Of $438,157.83 And Authorizing The City Manager To Execute The Agreement In A Form Approved By The City Attorney
5.l. Adopted Resolution No. 6085-23 Approving A Retitle To The Youth And Family Services Manager Position To Community Services Manager, Approving The Side Letter Between The City Of Union City And The Management Employees’ Group, And Approving An Amendment To The Classification & Compensation Plan In Conformance With California Code Of Regulations, Title 2, Section 570.5
6. PUBLIC HEARINGS - None
7. CITY MANAGER REPORTS
7.a. Adopt A Resolution Approving A Memorandum Of Understanding Between The City Of Union City, City Of Newark, City Of Fremont, Union Sanitary District, And Alameda County Water District For The Preparation Of The MultiJurisdictional Local Hazard Mitigation Plan (“MLHMP”) Deputy City Manager, Jennifer Phan, presented the staff report, providing details of the City’s current MLHMP and the key points of the proposed MOU.
Staff responded to questions from Council. Councilmembers provided comment.
It was moved by Councilmember Patiño and seconded by Vice Mayor Singh to adopt Resolution No. 6086-23 Approving A Memorandum Of Understanding Between The City Of Union City, City Of Newark, City Of Fremont, Union Sanitary District, And Alameda County Water District For The Preparation Of The Multi-Jurisdictional Local Hazard Mitigation Plan. The motion was carried by a unanimous roll call vote.
7.b. Adopt A Resolution To Approve A Post-Retirement Employment Letter With Lisa Achen As A Retired Annuitant To Serve As The Interim Human Resources Director Pursuant To Government Code Sections 21221(h)
City Attorney Kristopher Kokotaylo presented the staff report. There were no questions or comments from the Council.
It was moved by Vice Mayor Singh and seconded by Councilmember Patiño to adopt Resolution No. 6087-23 Approving A Post-Retirement Employment Letter With Lisa Achen As A Retired Annuitant To Serve As The Interim Human Resources Director Pursuant To Government Code Sections 21221(h).
The motion was carried by a unanimous roll call vote.
7.c. Consider Adopting A Resolution Amending The Fiscal Year 2022-2023 General Fund Budget By Appropriating An Additional $3,000 To The City Council’s Travel & Training Budget For Councilmember Jaime Patino To Attend The National League Of Cities Congressional City Conference In Washington, D.C., From March 26-28, 2023
City Council/RSA Agenda 12 Tuesday, February 28, 2023
City Manager Malloy presented the staff report and responded to questions from Council.
Councilmember Patiño stated why there was a need for additional funds.
Councilmembers provided comment. It was recommended by Vice Mayor Singh to lower the amount from $3000 to $2500.
It was moved by Vice Mayor Singh and seconded by Councilmember Wang to adopt Resolution No. 6088-23 Amending The Fiscal Year 2022-2023 General Fund Budget By Appropriating An Additional $2500.00 To The City Council’s Travel & Training Budget For Councilmember Jaime Patino To Attend The National League Of Cities Congressional City Conference In Washington, D.C., From March 26-28, 2023. The motion was carried by the following roll call vote:
AYES: Councilmembers Patiño, Sakakihara, Wang, Vice Mayor Singh NOES: Mayor Dutra-Vernaci
ABSTAIN: None
ABSENT: None
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
Councilmember Patiño reported on his attendance of the League of California Cities (“LOCC”) Governance, Transparency, and Labor Relations Policy Committee meeting and the LOCC East Bay Division meeting.
Councilmember Sakakihara reported on his attendance of the following:
- Orientation for Alameda County Waste Management Authority/StopWaste, as alternate
- Alameda County Transportation Commission (“ACTC”) meeting, as alternate. - Orientation of the Housing Authority of the County of Alameda - Revenue and Taxation Policy Committee meeting
- LOCC East Bay Division meeting
Councilmember Wang reported on his attendance of the orientation for Alameda County Waste Management Authority/StopWaste.
Mayor Dutra-Vernaci reported on her attendance of meetings of ACTC and the Metropolitan Transportation Commission.
13. GOOD OF THE ORDER
Councilmember Patiño reported on a meeting he had with California Public Utilities Commission (“CPUC”) Local Government and Community Liaison for Northern City Council/RSA Agenda 13 Tuesday, February 28, 2023
California, Antoinette Siguenza. Councilmember Patiño also reported on his attendance of the Foxsemicon grand opening, and a webinar hosted by LOCC, where they discussed opposition to a recently qualified ballot initiative that would impact future municipal ballot measures seeking to raise or implement new taxes. Councilmember Patiño requested staff to draft a resolution in opposition to the initiative and present for adoption at a future Council meeting.
Councilmember Sakakihara also reported on meeting he had with Ms. Siguenza and virtual meeting for the Council of Foreign Relations.
Vice Mayor Singh reported on a homeless encampment near Dry Creek that is blocking a walkway. City Manager Malloy stated the Alameda County Flood Control District will be notified.
Councilmember Wang reported on his attendance of the grand opening for Foxsemicon.
Mayor Dutra-Vernaci requested that staff reach out to Samantha Caygill, Regional Public Affairs Manager, East Bay Division for LOCC, to see if she can attend the first meeting of March and present on the League’s position on the “The Taxpayer Protection and Government Accountability Act”
Mayor Dutra-Vernaci reported on a meeting she had at Washington Hospital at the request of Executive Director, Kimberly Hartz.
14. CLOSED SESSION – None
15. ADJOURNMENT
Mayor Dutra-Vernaci called for a moment of silence for Alameda County Supervisor and former Union City Councilmember Richard Valle.
Mayor Dutra-Vernaci adjourned the meeting in memory of Supervisor Valle at 8:29 p.m.
Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 14 Tuesday, February 28, 2023
Agenda Item
DATE: 2/28/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING THE UNION CITY TRANSIT PUBLIC TRANSPORTATION AGENCY SAFETY PLAN UPDATE FOR 2022 Staff recommends that the City Council adopt a resolution approving the Union City Transit Public Transportation Agency Safety Plan Update for 2022.
STRATEGIC PLAN ALIGNMENT
There is no direct alignment with the Strategic Plan goals.
BACKGROUND
On July 19, 2018, the Federal Transit Administration (FTA) published the Public Transportation Agency Safety Plan (PTASP) Final Rule. It requires certain operators of public transportation systems that receive federal funds under FTA's Urbanized Area Formula Grants to develop safety plans that include the processes and procedures to implement Safety Management Systems (SMS).
The overall objective of the PTASP is to proactively manage safety hazards and their associated safety risk, with the intent to eliminate unacceptable safety risk in transit operations. The PTASP includes the following key components:
1. Transit Agency Information
2. Plan Development, Approvaland Updates
3. Safety Performance Targets
4. Transit Agency’s Safety Management System (SMS)
a. Safety Policy
b. Safety Risk Management
c. Safety Assurance
d. Safety Promotion
City Council/RSA Agenda 15 Tuesday, February 28, 2023
Union City Transit’s prior PTASP documents were adopted by City Council with Resolution No. 5676-20 on October 13, 2020, and with Resolution No. 5854-21 on November 23, 2021.
The development and implementation of the PTASP, along with the annual updates, will help ensure that public transportation systems are safe nationwide.
DISCUSSION
The FTA requires transit operators to review, update, and approve their PTASP on an annual basis. Areas that may prompt updates include, but are not limited to:
Significant changes to an agency’s organizational structure, system characteristics or services provided
Changes to any process, polices or procedures to the agency’s SMS Compliance with any new PTASP requirements or Corrective Action Plans Updated safety objectives or safety performance targets Union City has updated the current version to reflect the new requirements under the Infrastructure Investment and Jobs Act, referred to as Bipartisan Infrastructure Law (BIL) Act. The BIL update establishes a Safety Committee with an equal amount of frontline employee representatives and management representatives. In addition, the Federal Transportation Agency (FTA) expects the Safety Committee to approve updates to the agency’s Safety Plan. As a living document, the PTASP can be updated at any time.
FTA will conduct PTASP compliance evaluations through our regularly scheduled Triennial Review. Every three (3) years, the FTA reviews all of Union City Transit’s administrative and operating procedures to ensure compliance with Federal funding regulations. Our next Triennial Review is scheduled for 2024.
FISCAL IMPACT
The costs associated with preparing, implementing, and updating the PTASP were nominal and will be funded by the existing Transit operating budget. There was no impact on the General Fund.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving the Union City Transit Public Transportation Agency Safety Plan Update for 2022.
Prepared by:
Flore Mountsambote, Assistant Transit Planner
Submitted by:
Marilou Ayupan, Public Works Director
ATTACHMENTS:
City Council/RSA Agenda 16 Tuesday, February 28, 2023
Description Type
Resolution Resolution
Exhibit A - Union City Transit PTASP Update Exhibit
City Council/RSA Agenda 17 Tuesday, February 28, 2023
RESOLUTION NO. XXXX-23
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
APPROVING THE UNION CITY TRANSIT PUBLIC TRANSPORTATION AGENCY SAFETY PLAN UPDATE FOR 2022
WHEREAS, on July 18, 2018, the Federal Transit Administration (FTA) published the Public Transportation Agency Safety Plan (PTASP) Final Rule as authorized by the Moving Ahead for Progress in the 21st Century Act (MAP-21), under 49 CFR Part 673; and WHEREAS, the PTASP requires certain operators of public transportation systems that receive federal funds under FTA’s Urbanized Area Formula Grants to develop safety plans that include processes and procedures to implement Safety Management Systems (SMS); and WHEREAS, overall objective of the PTASP is to proactively manage safety hazards and their associated safety risk, with the intent to eliminate unacceptable safety risk in transit operations; and
WHEREAS, the City Council of the City of Union City approved Union City Transit’s first PTASP with the adoption of Resolution No. 5676-20 on October 13, 2020 and its first updated version with the adoption of Resolution No. 5854-21 on November 9, 2021; and WHEREAS, Union City Transit has reviewed and updated its PTASP to reflect the new requirements under the Infrastructure Investment and Jobs Act, referred to as Bipartisan Infrastructure Law (BIL) Act, and FTA guidelines associated with BIL; and WHEREAS, the FTA guidelines require all affected transportation agencies to have an updated PTASP update by December 31, 2022; and
WHEREAS, Union City Transit has updated its PTASP by the December 31, 2022, deadline and regards the PTASP as a living document that can be updated at any time, but is required an updated version of its PTASP annually; and
WHEREAS, the Union City Transit PTASP update has been duly reviewed by City Council.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves the Union City Transit Public Transportation Agency Safety Plan Update for 2022.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 28th day of February 2023, by the following vote:
AYES:
NOES:
City Council/RSA Agenda 18 Tuesday, February 28, 2023
Resolution No. XXXX-23
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 19 Tuesday, February 28, 2023
City of Union City
34009 Alvarado-Niles
Road
Union City, California 94587
Union City Transit
Public Transportation Agency Safety Plan
Adopted on October 13, 2020
Update Adopted on November 23, 2021
Update Adopted on February 28, 2023
Union City Council Resolution XXXX-23
X
_____
Marilou Ayupan, Public Works Director Date
City Council/RSA Agenda 20 Tuesday, February 28, 2023
Table of Contents
Definitions.....................................................................................................................................................1 Section 1 - Transit Agency Information ........................................................................................................3
1.1 - Accountable Executive..........................................................................................................................3
1.2 - Chief Safety Officer...............................................................................................................................3 Section 2 - Plan Development, Approval, and Updates................................................................................4
2.1 - Drafting the Plan...................................................................................................................................4
2.2 - Signature by the Accountable Executive and Approval by the Board ..................................................4
2.3 - Certification of Compliance ..................................................................................................................4
2.4 - Plan Review and Updates .....................................................................................................................5
2.5 - Safety Committee .................................................................................................................................5 Section 3 - Safety Performance Targets (SPTs).............................................................................................7
3.1 - Target Development.............................................................................................................................7 Section 4 - Overview of the Agency’s Safety Management Systems (SMS) .................................................8 Section 5 - Safety Management Policy .........................................................................................................9
5.1 - Safety Management Policy Statement .................................................................................................9
5.2 - Safety Management Policy Communication.......................................................................................10
5.3 - Employee Safety Reporting Program..................................................................................................10
5.4 - SMS Authorities, Accountabilities, and Responsibilities.....................................................................11
5.4.1 - Accountable Executive.....................................................................................................................11
5.4.2 - Chief Safety Officer..........................................................................................................................12
5.4.3 - Agency Leadership and Executive Management.............................................................................13
5.4.4 - Key Staff...........................................................................................................................................13 Section 6 - Safety Risk Management (SRM)................................................................................................14
6.1 - Safety Hazard Identification................................................................................................................14
6.2 - Safety Risk Assessment.......................................................................................................................15
6.3 - Safety Risk Mitigation .........................................................................................................................17
6.4 - Infectious Disease Control and Prevention.........................................................................................17 Section 7 - Safety Assurance.......................................................................................................................19
7.1 - Safety Performance Monitoring and Measurement ..........................................................................19 Section 8 - Safety Promotion ......................................................................................................................21
8.1 - Safety Communication........................................................................................................................21
8.2 – Competencies and Training................................................................................................................21 City Council/RSA Agenda 21 Tuesday, February 28, 2023
Section 9 – Documentation ........................................................................................................................23 Attachment A – Authorizing Resolution .....................................................................................................24 City Council/RSA Agenda 22 Tuesday, February 28, 2023
1 Definitions
Accident means an Event that involves any of the following: a loss of life; a report of a serious injury to a person; a collision of public transportation vehicles; an evacuation for life safety reasons.
Accountable Executive means the single, identifiable person who has ultimate responsibility for carrying out the Public Transportation Agency Safety Plan of the Agency; responsibility for carrying out the Agency’s Transit Asset Management Plan; and control or direction over the human and capital resources needed to develop and maintain both the Agency’s Public Transportation Agency Safety Plan, in accordance with 49 U.S.C. § 5329(d), and the Agency’s Transit Asset Management Plan in accordance with 49 U.S.C. § 5326.
Agency or Transit Agency means City of Union City (Union City) City Council means governing body of City of Union City Caltrans means the California Department of Transportation Chief Safety Officer means the adequately trained individual who has responsibility for safety and reports directly to the Transit Agency’s chief executive officer.
CFR means Code of Federal Regulations.
Event means any Accident, Incident, or Occurrence.
FTA means the Federal Transit Administration, an operating administration within the United States Department of Transportation.
Hazard means any real or potential condition that can cause injury, illness, or death, damage to or loss of the facilities, equipment, rolling stock, or infrastructure of the system, or damage to the environment.
Incident means an Event that involves any of the following: a personal injury that is not a serious injury, one or more injuries requiring medical transport, or damage to facilities, equipment, rolling stock, or infrastructure that disrupts the operations of the Transit Agency.
Investigation means the process of determining the causal and contributing factors of an accident, incident, or hazard, for the purpose of preventing recurrence and mitigating risk.
National Public Transportation Safety Plan means the plan to improve the safety of all public transportation systems that receive federal financial assistance under 49 U.S.C. Chapter 53.
Occurrence means an Event without any personal injury in which any damage to facilities, equipment, rolling stock, or infrastructure does not disrupt the operations of the Transit Agency.
Part 673 means 49 CFR (Code of Federal Regulations) Part 673.
Performance Measure means an expression based on a quantifiable indicator of performance or condition that is used to establish targets and to assess progress toward meeting the established targets.
City Council/RSA Agenda 23 Tuesday, February 28, 2023
2 Performance target means a quantifiable level of performance or condition, expressed as a value for the measure, to be achieved within a time period required by the Federal Transit Administration (FTA).
Risk means the composite of predicted severity and likelihood of the potential effect of a hazard.
Risk mitigation means a method or methods to eliminate or reduce the effects of hazards.
Safety Assurance means processes within the Transit Agency’s Safety Management Systems that function to ensure the implementation and effectiveness of safety risk mitigation, and to ensure that the Transit Agency meets or exceeds its safety objectives through the collection, analysis, and assessment of information.
Safety Management Policy means the Transit Agency’s documented commitment to safety, which defines the Transit Agency’s safety objectives and the accountabilities and responsibilities of its employees in regard to safety.
Safety Management Systems (SMS) means the formal, top-down, organization-wide approach to managing safety risk and assuring the effectiveness of a Transit Agency’s safety risk mitigation. SMS includes systematic procedures, practices, and policies for managing risks and hazards.
Safety Performance Target (SPT) means a Performance Target related to safety management activities.
Safety Promotion means a combination of training and communication of safety information to support SMS as applied to the Transit Agency’s public transportation system.
Safety Risk Assessment (SRA) means the formal activity whereby the Transit Agency determines Safety Risk Management priorities by establishing the significance or value of its safety risks.
Safety Risk Management (SRM) means a process within the Transit Agency’s Public Transportation Agency Safety Plan for identifying hazards and analyzing, assessing, and mitigating safety risk.
Serious injury means any injury which: (1) requires hospitalization for more than 48 hours, commencing within seven days from the date the injury was received, (2) results in a fracture of any bone (except simple fractures of fingers, toes, or noses), (3) causes severe hemorrhages, nerve, muscle, or tendon damage; (4) involves any internal organ, or (5) involves second or third-degree burns, or any burns affecting more than five percent of the body surface.
State of Good Repair (SGR) means the condition in which a capital asset is able to operate at a full level of performance.
Transit Asset Management Plan means the strategic and systematic practice of procuring, operating, inspecting, maintaining, rehabilitating, and replacing transit capital assets to manage their performance, risks, and costs over their life cycles, for the purpose of providing safe, cost-effective, and reliable public transportation, as required by 49 U.S.C. 5326 and 49 CFR part 625.
U.S.C. means United States Code.
City Council/RSA Agenda 24 Tuesday, February 28, 2023
3 Section 1 - Transit Agency Information
The City of Union City is a Municipal Corporation formed in 1959, which operates fixed route and demand response paratransit service in the City of Union City, California. Union City purchases transportation services from MV Transportation, Inc. Union City is a recipient/subrecipient of Section 5307 funds. Union City does not provide transportation services on behalf of another entity.
1.1 - Accountable Executive
Union City’s Accountable Executive is the Public Works Director. The Public Works Director is the single, identifiable person who has ultimate responsibility for carrying out this Agency Safety Plan and Union City’s Transit Asset Management (TAM) Plan, and control or direction over the human and capital resources needed to develop and maintain both this Plan and the TAM Plan.
The Public Works Director is accountable for ensuring that the Agency’s Safety Management Systems (SMS) is effectively implemented throughout the Agency’s public transportation system. The Public Works Director is accountable for ensuring action is taken, as necessary, to address substandard performance in the Agency’s SMS. The Public Works Director may delegate specific responsibilities, but the ultimate accountability for the Transit Agency’s safety performance cannot be delegated and always rests with the Public Works Director.
1.2 - Chief Safety Officer
The Public Works Director designates MV Transportation’s General Manager for the Union City division as Union City’s Chief Safety Officer who has the authority and responsibility for day-today implementation and operation of the Agency’s SMS. The Chief Safety Officer holds a direct line of reporting to the Accountable Executive and has a strong working relationship with the operations and asset management functions at Union City.
City Council/RSA Agenda 25 Tuesday, February 28, 2023
4 Section 2 - Plan Development, Approval, and Updates
Caltrans developed the contents of this Union City plan to meet requirements specified in 49 CFR Part 673 and comply with Part 673.11(d) regarding Caltrans’ responsibility to develop an ASP for any small public transportation provider that is located in California. This Plan is based on the four (4) principles or pillars of the Safety Management Systems (SMS). SMS is defined as the formal, top-down, organization-wide, data-driven approach to managing safety risk and assuring the effectiveness of safety mitigations. It includes systematic policies, procedures, and practices for the management of safety risk. The four principles or pillars of SMS are: (1) Safety Management Policy; (2) Safety Risk Management; (3) Safety Assurance; and (4) Safety Promotion.
2.1 - Drafting the Plan
Caltrans drafted this Plan, thus meeting the requirements of 49 CFR Part 673.11(d). FTA will oversee compliance with the requirements of Part 673 through the existing Triennial Review processes.
Should Union City no longer meet the definition of a small public transportation provider or choose to opt-out of the Caltrans Agency Safety Plan, within one year from the date of notifying the State of either development, Union City will draft and certify its own Agency Safety Plan. If Union City operates more than 100 vehicles, Union City must fulfill requirements of systems operating more than 100 vehicles.
2.2 - Signature by the Accountable Executive and Approval by the Board Pursuant to 49 CFR Part 673.11 (a)(1), this Agency Safety Plan and subsequent updates must be signed by the Accountable Executive and approved by Union City’s Board. Documentation of Board approval is found in Attachment A.
2.3 - Certification of Compliance
Pursuant to 49 CFR Parts 673.13(a) and 673.13(b), Caltrans certifies that it has established this Agency Safety Plan, meeting the requirements of 49 CFR Part 673 by July 20, 2020 and will certify its compliance with 49 CFR Part 673.
After Caltrans initial certification, and on an annual basis Union City must update this Agency Safety Plan by July 20 in perpetuity. All Agency Safety Plan updates shall be signed by the Accountable Executive and approved by Union City’s Board.
FTA does not require this plan to be submitted to FTA. Instead, Caltrans will certify that it has established this Safety Plan, which fulfills the requirements under Part 673. FTA annually amends and issues the list of Certifications and Assurances. Caltrans will review such guidance for incorporation into the safety program as necessary.
City Council/RSA Agenda 26 Tuesday, February 28, 2023
5 2.4 - Plan Review and Updates
Union City updates this Safety Plan when information, processes or activities change within the Agency and/or when Part 673 undergoes significant changes, or annually, whichever comes sooner. As Union City collects data through its Safety Risk Management and Safety Assurance processes, shared with Caltrans and the local Metropolitan Planning Organization (MPO) as described in subsection 3.1 below, the MPO and Caltrans will evaluate Union City’s safety performance targets to determine whether they need to be changed, as well.
This Plan will be jointly reviewed and updated by the Chief Safety Officer and Union City’s Transit Manager, with the assistance of subject matter experts, each July. The Accountable Executive will approve any changes, then forward on to the City Council for approval.
This Plan may need to be reviewed and updated more frequently based on the following:
• We determine our approach to mitigating safety deficiencies is ineffective; • We make significant changes to service delivery;
• We introduce new processes or procedures that may impact safety; • We change or re-prioritize resources available to support SMS; • We significantly change our organizational structure.
2.5 - Safety Committee
Union City’s Chief Safety Officer has a safety committee. The committee meets to discuss preventable accidents, injuries, safety concerns & suggestions, and general safety concerns from each department.
The Committee is empowered to look beyond required review of safety incidents toward opportunities to reduce occurrences by looking for ways to improve the work environment and safety culture it by acknowledging safe actions and work that contributes to safety in the workplace.
The Safety Committee is comprised of the following members:
• General Manager
• Assistant General Manager
• Operations Manager
• Maintenance Manager
• Union Shop Stewart (Shop and Operations)
• Dispatch
City Council/RSA Agenda 27 Tuesday, February 28, 2023
7 Section 3 - Safety Performance Targets (SPTs)
3.1 - Target Development
Union City includes SPTs in this Safety Plan. These targets are specific numerical targets set by Union City and based on the safety Performance Measures established by FTA in the National Public Transportation Safety Plan. In the most recent version, the 2017 NSP3, FTA adopted four initial safety Performance Measures: (1) Fatalities, (2) Injuries, (3) Safety Events, and (4) System Reliability.
Union City developed SPTs that it will review and update annually. The specific SPTs are based on the safety performance measures established under the National Public Transportation Safety Plan and the safety performance goals set by Caltrans based on the past three (3) Calendar years of data. The SPTs for Union City is expected to stay within 1% +/- of previous three years data pertaining to fatalities, injuries, safety events, and system reliability.
FTA requires Caltrans to coordinate with Union City and the Metropolitan Transportation Commission to the maximum extent practicable. Pursuant to 49 CFR Part 673.15(a), Union City will make SPTs available to the Metropolitan Transportation Commission to aid in the planning process upon certification of this plan. Additionally, Union City will transmit performance data against the SPTs to Caltrans and the Metropolitan Transportation Commission on an annual basis.
Caltrans will conduct coordination meetings with the Metropolitan Transportation Commission for the selection of State and MPO SPTs and goals.
Mode of Transit Service Fatalities Injuries
Safety
Events
System
Reliability
Fixed Route Integer Target 0 2 1 6
Fixed Route Target (per 100,000 Vehicle Revenue
Miles) 0 0.42 0.21 1.26
Demand Response Integer Target 0 0 0 1
Demand Response Target (per 100,000 Vehicle
Revenue Miles) 0 0 0 1.55
City Council/RSA Agenda 28 Tuesday, February 28, 2023
8 Section 4 - Overview of the A gency’s Saf et y
Management
Systems (SMS)
SMS is a comprehensive, collaborative approach that brings management and labor together to build on the transit industry’s existing safety foundation to control risk better, detect and correct safety problems earlier, share and analyze safety data more effectively, and measure safety performance more carefully. Union City’s SMS focuses on applying resources to risk and is based on ensuring that Union City has the organizational infrastructure to support decisionmaking at all levels regarding the assignment of resources. Some key parts of Union City’s SMS include:
• Defined roles and responsibilities;
• Strong executive safety leadership;
• Formal safety accountabilities and communication;
• Effective policies and procedures; and
• Active employee involvement
Furthermore, Union City’s SMS has four distinct components, which are discussed in subsequent sections of this Safety Plan:
• Safety Policy
• Safety Risk Management
• Safety Assurance
• Safety Promotion
City Council/RSA Agenda 29 Tuesday, February 28, 2023
9 Section 5 - Safety Management Policy
The first component of the Union City’s SMS is the Safety Management Policy, which is the foundation of the Union City’s SMS. It clearly states the organization’s safety objectives and sets forth the policies, procedures, and organizational structures necessary to accomplish the safety objectives. The Safety Management Policy clearly defines management and employee responsibilities for safety throughout the organization. It also ensures that management is actively engaged in the oversight of the system’s safety performance by requiring regular review of the Safety Management Policy, budget and program by the designated Accountable Executive.
5.1 - Safety Management Policy Statement
Safety is a core value at Union City, and managing safety is a core business function. Union City will develop, implement, maintain, and continuously improve processes to ensure the safety of our customers, employees, and the public. Union City’s overall safety objective is to proactively manage safety hazards and their associated safety risk, with the intent to eliminate unacceptable safety risk in our transit operations.
Union City will:
• Clearly, and continuously explain to all staff that everyone working within Union City must take part and be responsible and accountable for the development and operation of the Safety Management System (SMS).
• Work continuously to minimize safety risks. Work to comply with and, wherever possible, exceed legislative and regulatory requirements and standards for passengers and employees.
• Work to ensure that all employees are provided appropriate safety information and training, are competent in safety matters, and assigned tasks commensurate with duties and skills.
• Reaffirm that responsibility for making our operations safer for everyone lies with all employees – from executive management to frontline employees. Each manager is responsible for implementing the SMS in their area of responsibility and will be held accountable to ensure that all reasonable steps are taken to perform activities established through the SMS.
Caltrans established safety performance targets to help measure the overall effectiveness of our processes and ensure we meet our safety objectives. Union City will keep employees informed about safety performance goals and objectives to ensure continuous safety improvement.
City Council/RSA Agenda 30 Tuesday, February 28, 2023
10 5.2 - Safety Management Policy Communication
The Safety Management Policy is communicated throughout the Agency, to all employees, managers, and executives, as well as contractors, and to the City Council.
This is accomplished through various processes such as:
• Workshops/training sessions - Conducted for Senior Management, Directors, Managers, Supervisors. Once this Plan or any update to this Plan has been signed by the Public Works Director, approved by the City Council and certified by Caltrans it will become standard practice in perpetuity so that SMS becomes standard business practice. All Union representatives will be kept informed.
• New Hire Safety Orientation – All new employees regardless of their classifications will be trained about their roles and responsibilities pertaining to PTASP and the principles of SMS.
• Safety bulletins, email safety newsletter blasts to staff, toolbox/tailgate safety meetings and/or safety committee meetings
5.3 - Employee Safety Reporting Program
Union City implemented a process that allows employees [and contracted employees] to report safety conditions to senior management, protections for employees who report safety conditions to senior management. The purpose, description and protections for employees to report unsafe conditions and hazards are described in the Employee Safety Reporting Program as below:
Purpose:
a) To establish a system for Union City employees to identify unsafe conditions or hazards at work and report them to their department management without fear of reprisal. However, disciplinary action could result if the condition reported reveals the employee willfully participated in or conducted an illegal act, gross negligence or deliberate or willful disregard of regulations or procedures, including reporting to work under the influence of controlled substances, physical assault of a coworker or passenger, theft of agency property, unreported safety events, unreported collisions, and unreported passenger injuries or fatalities. b) To provide guidelines for facilitating the timely correction of unsafe conditions or hazards by Union City management.
Description:
a) This program provides a method for Union City management to identify, evaluate, and correct or avoid unsafe conditions or hazards, procedural deficiencies, design inadequacies, equipment failures, or near misses that adversely affect the safety of employees.
City Council/RSA Agenda 31 Tuesday, February 28, 2023
11 Examples of voluntary safety reports include:
• Safety hazards in the operating environment (for example, county or city road conditions),
• Policies and procedures that are not working as intended (for example, insufficient time to complete pre-trip inspection),
• Events that senior managers might not otherwise know about (for example, near misses), and
• Information about why a safety event occurred (for example, radio communication challenges).
Employees will have the option to report anonymously to maintain confidentiality. Forms of reporting include submitting a completed SMS Hazard/Risk Report form or using the Safety Suggestion Box.
b) The program also involves recommending corrective actions and resolutions of identified unsafe conditions or hazards and/or near miss.
c) All employees have the obligation to report immediately any unsafe conditions or hazards and near miss to their immediate supervisor /department manager and may do so without fear of reprisal.
d) Unsafe conditions or hazards may also be identified as a result of occupational injury or illness investigations and/or by accident investigation. e) Other means by which hazards may be identified are inspections/audits or observations made by the supervisors/management staff as referenced in agency’s Safety Inspection Program.
f) Findings will be published immediately following mitigation actions. If employee identification is available, direct feedback regarding mitigation will be provided.
5.4 - SMS Authorities, Accountabilities, and Responsibilities This Plan has assigned specific SMS authorities, accountabilities, and responsibilities to the designated Accountable Executive; Chief Safety Officer; Agency’s Leadership/Executive Management; and Key Staff/Employees as described below:
5.4.1 - Accountable Executive
Union City’s Accountable Executive is Public Works Director. The Public Works Director is accountable for ensuring that the Agency’s SMS is effectively implemented throughout the Agency’s public transportation system. The Public Works Director is accountable for ensuring action is taken, as necessary, to address substandard performance in the Agency’s SMS. The City Council/RSA Agenda 32 Tuesday, February 28, 2023
12 Public Works Director may delegate specific responsibilities, but the ultimate accountability for the Union City’s safety performance cannot be delegated and always rests with the Public Works Director. The Public Works Director is accountable for ensuring that the Agency’s SMS is effectively implemented, and that action is taken, as necessary, to address substandard performance in the Agency’s SMS. The Accountable Executive may delegate specific responsibilities, but not accountability for Union City’s safety performance.
The Public Works Director roles include, but are not limited to:
• Decision-making about resources (e.g. people and funds) to support asset management, SMS activities, and capital investments;
• Signing SMS implementation planning documents;
• Endorsing SMS implementation team membership; and
• Ensuring safety concerns are considered and addressed in the agency’s ongoing budget planning process.
• Ensuring transparency in safety priorities: for the Board of Directors and for the employees.
• Establishing guidance on the level of safety risk acceptable to the agency. • Assuring safety policy is appropriately communicated throughout the agency. • Other duties as assigned/necessary.
5.4.2 - Chief Safety Officer
The Chief Safety Officer has the authority and responsibility for day-to-day implementation and operation of the Union City’s SMS.
Chief Safety Officer’s Roles include:
• Decision-making about resources (e.g., people and funds) to support asset management, SMS activities, and capital investments;
• Overseeing the safety risk management program by facilitating hazard identification, safety risk assessment, and the development and implementation of safety risk mitigations.
• Monitoring safety risk mitigation activities;
• Providing periodic reports on safety performance;
• Briefing the Accountable Executive and City Council on SMS implementation progress; • Planning safety management training; and
• Developing and organizing annual audits/reviews of SMS processes and the Agency Safety Plan to ensure compliance with 49 CFR Part 673 requirements. • Maintaining safety documentation.
• Other duties as assigned/necessary.
City Council/RSA Agenda 33 Tuesday, February 28, 2023
13 5.4.3 - Agency Leadership and Executive Management
The City Manager and Senior Management Team comprise the Agency Leadership/Executive Management. Some of their responsibilities include:
• Day-to-day implementation of the Agency’s SMS throughout their department and the organization.
• Communicating safety accountability and responsibility from the frontline employees to the top of the organization.
• Ensuring employees are following their working rules and procedures, safety rules and regulations in performing their jobs, and their specific roles and responsibilities in the implementation of this Agency Safety Plan and the Agency’s SMS. • Ensuring that employees comply with the safety reporting program and are reporting unsafe conditions and hazards to their department management; and making sure reported unsafe conditions and hazards are addressed in a timely manner. • Ensuring that resources are sufficient to carry out employee training/certification and re-training as required by their job classifications.
5.4.4 - Key Staff
The agency Key Staff/Employees may include managers, supervisors, specialists, analysts, database administrators, and other key employees who are performing highly technical work and overseeing employees performing critical tasks and providing support in the implementation of this Agency Safety Plan and SMS principles in various departments throughout the agency.
Union City’s Key Staff/Employees responsibilities include:
• Ensuring that employees are complying with the safety reporting program. • Ensuring supervisors are conducting their toolbox safety meetings • Promoting safety in employee’s respective area of responsibilities – That means: zero accidents; absence of any safety concerns; perfect employee performance; and compliance with agency rules and procedures and regulatory requirements. • Ensuring safety of passengers, employees, and the public. • Responding to customer complaints and expectations for frequency, reliability, and convenience of service.
• Replacing and maintaining aging facilities, equipment, and infrastructure. • Meeting increasing demands for fixed route, commuter service and paratransit service. • Developing and maintaining programs to gather pertinent data elements to develop safety performance reports and conduct useful statistical analyses to identify trends and system performance targets.
• Establishing clear lines of safety communication and holding accountability for safety performance.
• Assisting as subject matter experts in safety risk assessment and safety risk mitigation processes.
City Council/RSA Agenda 34 Tuesday, February 28, 2023
14 Section 6 - Safety Risk Management (SRM)
The second component of the Union City’s SMS is Safety Risk Management, which includes processes and procedures to provide an understanding of the Agency’s operations and vehicle maintenance to allow individuals to identify hazards associated with those activities.
Union City has implemented a SRM process for all elements of its transportation system. The SRM process includes the following activities: safety hazard identification, safety risk assessment, and safety risk mitigation.
6.1 - Safety Hazard Identification
Hazard identification is the first step in the Safety Risk Management process and a key component.
It involves these fundamental safety-related activities: Identifying safety hazards and their consequences; assessing the risks associated with the consequences of the hazards; and developing mitigations to reduce the potential consequences of the identified hazards.
The following is Union City’s methods and processes to identify hazards. The Agency considers, as a source for hazard identification, data and information provided by an oversight authority and the FTA. Hazards are identified through a variety of sources, including:
• Employee safety reporting,
• Review of vehicle camera footage,
• Review of monthly performance data and safety performance targets, • Observations from supervisors,
• Maintenance reports,
• Comments from customers, passengers, and third parties, • Safety committee, driver and all-staff meetings,
• Results of audits and inspections of vehicles and facilities, • Results of training assessments
• Investigations into safety events, incidents and occurrences, and • Information from FTA and oversight authorities.
When a hazard has been identified, whatever the source, it is reported to the Union City Chief Safety Officer, who enters it into the Hazard Log. The Chief Safety Officer also may enter hazards into this log based on reviews of operations and maintenance activities and procedures.
The Chief Safety Officer will investigate hazards to collect information and determine if hazards need to be entered into the safety risk assessment process. In following up on identified hazards, the Chief Safety Officer may:
• Reach out to the reporting party, if available, to gather all known information about the reported hazard,
City Council/RSA Agenda 35 Tuesday, February 28, 2023
15 • Conduct a walkthrough of the affected area, assessing the possible hazardous condition, generating visual documentation (photographs and/or video), and taking any measurements deemed necessary,
• Conduct interviews with employees in the area to gather potentially relevant information on the reported hazard,
• Review any documentation associated with the hazard (records, reports, procedures, inspections, technical documents, etc.),
• Contact other departments that may have association with or technical knowledge relevant to the reported hazard,
• Review any past reported hazards of a similar nature, and • Evaluate tasks and/or processes associated with the reported hazard.
Any identified hazard that poses an immediate risk to transit operations, the health and safety of employees or the public, or equipment must immediately be brought to the attention of the Accountable Executive and placed through the SRM process for safety risk assessment and mitigation. Otherwise, hazards will be prioritized for further SRM activity.
6.2 - Safety Risk Assessment
Safety risk assessment defines the level or degree of the safety risk by assessing the likelihood and severity of the consequences of hazards and prioritizes hazards based on the safety risk.
The Chief Safety Officer, with assistance from key staff subject matter experts, is responsible for assessing identified hazards and ratings using the safety risk matrix below. Prioritizing safety risk provides the Accountable Executive with the information needed to make decisions about resource application.
The following matrix, adopted from the TSI Participation Guide – SMS Principles for Transit, facilitates the ranking of hazards based on their probability of occurrence and severity of their outcome.
Probability Levels
Description Level Specific Individual Item Fleet Inventory Frequent A Likely to occur often in the life of an item. Continuously experienced.
Probable B
Will occur several times in the life of an
item. Will occur frequently.
Occasional C
Likely to occur sometime in the life of an
item. Will occur several times.
Remote D
Unlikely, but possible to occur in the life of
an item.
Unlikely, but can reasonably be expected
to occur.
Improbable E
So unlikely, it can be assumed occurrence
man not be experienced in the life of an
item.
Unlikely to occur, but possible.
Eliminated F
Incapable of occurrence. This level is used
when potential hazards are identified and
later eliminated.
Incapable of occurrence. This level is used
when potential hazards are identified and
later eliminated.
City Council/RSA Agenda 36 Tuesday, February 28, 2023
16 The measuring goes from A to F with A being frequent or likely to occur frequently and E being improbable or expected that this event will most likely never occur. The designation F is used when potential hazards are identified and later eliminated.
Severity Levels
Description Level Mishap Result Criteria
Catastrophic 1
Could Result in one or more of the following: death, permanent total disability, irreversible significant environmental impact, or monetary loss equal to or exceeding $10M
Critical 2
Could result in one or more of the following: permanent partial disability, injuries or occupational illness that may result in hospitalization of at least three personnel, reversible significant environmental impact, or monetary loss equal to or exceeding $1M but less than $10M
Marginal 3
Could result in one or more of the following: injuries or occupational illness resulting in one or more lost work day(s), reversible moderate environmental impact, or monetary loss equal to or exceeding $100k but less than $1M
Negligible 4
Could result in one or more of the following: injuries or occupational illness not resulting in lost work day, minimum environmental impact. Or monetary loss less than $100k.
Severity Levels
The Safety Risk Severity Table presents a typical safety risk. It includes four categories to denote the level of severity of the occurrence of a consequence, the meaning of each category, and the assignment of a value to each category using numbers. In this table, 1 is considered catastrophic meaning possible deaths and equipment destroyed and 4 is considered negligible or of little consequence with two levels in between.
Safety Risk Probability and Safety Risk Severity are combined into the Safety Risk Index Ranking to help prioritize safety risks according to the table below.
Safety Risk Assessment Matrix
Severity → Catastrophic Critical Marginal Negligible
Probability 1 2 3 4
A-Frequent 1A 2A 3A 4A
B- Probable 1B 2B 3B 4B
C-Occasional 1C 2C 3C 4C
D- Remote 1D 2D 3D 4D
E- Improbable 1E 2E 3E 4E
F- Eliminated
Safety Risk Index Ranking
1A, 1B, 1C, 2A, 2B High Unacceptable
1D, 2C, 3A, 3B Serious Undesirable - With management decision required 1E, 2D, 2E, 3C, 3D, 3E, 4A, 4B, Medium Acceptable - with review by management 4C, 4D, 4E Low Acceptable - without review
The Chief Safety Officer documents recommendations regarding hazard rating and mitigation options and reports this information to the Accountable Executive.
City Council/RSA Agenda 37 Tuesday, February 28, 2023
17 6.3 - Safety Risk Mitigation
The Chief Safety Officer, assisted by Key Staff subject matter experts, reviews current safety risk mitigations and establish procedures to 1) eliminate; 2) mitigate; 3) accept specific risks.
Prioritization of safety remediation measures is based on risk analysis and a course of action acceptable to Union City management.
The safety risk must be mitigated if ranked as Unacceptable (High- Red). Those safety risks that have been mitigated, even those mitigated risks shown as Acceptable status (Low -Green) undergo regular and consistent monitoring to ensure the mitigation strategy is effective.
Key strategies to minimize the types of risks that potentially exist include:
• Development and deployment of policies and procedures that address known hazards and risks,
• Discussion of other actions, strategies and procedures that might help safeguard against unknown/unforeseen risks,
• Training of drivers and other agency staff on all safety policies and procedures, • Training of drivers and other agency staff on methodologies for handling emergencies, and
• Training of drivers and staff on proper and effective use of emergency equipment and communication technologies and protocol.
Safety risk mitigations are tracked and updated in the Hazard Log by the Chief Safety Officer.
6.4 - Infectious Disease Control and Prevention
Union City Transit values the health and well-being of our employees, customers, and the community we serve. Union City Transit will comply with all federal, state, and local mandates regarding infectious disease control and prevention. Union City will also work with the Chief Safety Officer, MV Transportation’s General Manager, to implement the purchased transportation provider’s Transportation Coronavirus Operations Response plan. Some of the tools used to combat the spread of infectious diseases are listed below.
Masking: The CDC has shown that masks greatly reduce the spread of infectious diseases.
Wearing a mask is optional, unless mandatory by a governing agency. Masks are currently advised on Union City Transit vehicles.
Additional Cleaning Efforts: Each night, all revenue vehicles are wiped down and disinfected. Buses are no longer wiped down between runs at transit centers; Union City keeps supplies on hand in the event that it becomes necessary to resume this process.
City Council/RSA Agenda 38 Tuesday, February 28, 2023
18 Section 7 - Safety Assurance
The third component of the Agency’s SMS is Safety Assurance, which ensures the performance and effectiveness of safety risk controls established under safety risk management. Safety assurance also helps ensure that the organization meets or exceeds its safety objectives through the collection, analysis, and assessment of data regarding the organization's performance. Safety assurance includes inspection activities to support oversight and performance monitoring.
Union City monitors its operations and maintenance protocols and procedures, and any safety risk mitigations to ensure that it is implementing them as planned. Furthermore, the Agency investigates safety events (as defined in the National Transit Database Policy Manual for Reduced Reporting) and any reports of non-compliance with applicable regulations, standards, and legal authority. Finally, the Agency continually monitors information reported to it through any internal safety reporting programs, including the employee safety reporting program.
Some of the key elements of Union City’s Safety Performance Monitoring and Measurement are shown below in subsection 7.1:
7.1 - Safety Performance Monitoring and Measurement
As part of the Safety Assurance Process, Union City’s Chief Safety Officer:
• Monitors the system for compliance with, and sufficiency of, the Agency’s procedures for operations and maintenance through:
o Safety audits,
o Informal inspections,
o Regular review of on-board camera footage to assess drivers and specific incidents,
o Safety surveys,
o Employee safety reporting program,
o Investigation of safety occurrences,
o Safety review prior to the launch or modification of any facet of service, o Daily data gathering and monitoring of data relating to the delivery of service, o Regular vehicle inspections and preventative maintenance, and o Continuous feedback loop between leadership and all levels of the agency. • Monitors its operations to identify any safety risk mitigations that may be ineffective, inappropriate, or were not implemented as intended through:
o Reviewing results from accident, incident, and occurrence investigations, o Monitoring employee safety reporting,
City Council/RSA Agenda 39 Tuesday, February 28, 2023
19 o Reviewing results of internal safety audits and inspections, and o Analyzing operational and safety data to identify emerging safety concerns.• Conducts investigations of safety events to identify causal factors; and • Monitors information reported through any internal safety reporting programs. o The Chief Safety Officer routinely reviews safety data captured in employee safety reports, safety meeting minutes, customer complaints, and other safety communication channels. When necessary, the Chief Safety Officer ensures that the issues and concerns are investigated or analyzed through the safety risk assessment process.
o The Chief Safety Officer also reviews the results of internal and external reviews, including audits and assessments, with findings affecting safety performance, compliance with operations and maintenance procedures, or the effectiveness of safety risk mitigations. The Chief Safety Officer discusses relevant safety issues and concerns with the Accountable Executive and executive management and documents the results of these reviews in the Hazard Log. o The Chief Safety Officer also receives monitoring assistance from the contractor’s local Training Manager and Regional Safety Director. o MV Transportation’s own SMS Plan includes requirements for Mitigation Monitoring and subsequent Corrective Action Plans.
o A periodic audit of safety data sheets will be conducted by the contractor’s safety team and MV Transportation’s General Manager.
In the event of a fatality, the Union City complies with all FTA drug and alcohol requirements.
In California, every driver involved in an accident that results in death, injury, or property damage over $1000, effective January 1, 2017, must report the accident on a Report of Traffic Accident Occurring in California (SR 1) form to DMV. The report forms are available at www.dmv.ca.gov, by calling 1-800-777-0133, and at CHP and DMV offices. Also, under California Vehicle Code §16002(b) the driver of a vehicle that is owned or operated by a publicly owned or operated transit system, or that is operated under contract with a publicly owned or operated transit system, and that is used to provide regularly scheduled transportation to the general public or for other official business of the system shall, within 10 days of the occurrence of the accident, report to the transit system any accident of a type otherwise required to be reported pursuant to subdivision (a) of Section 16000 . Union City requires driver notification to Union City immediately and maintains records of any report filed pursuant to this paragraph.
City Council/RSA Agenda 40 Tuesday, February 28, 2023
20 Section 8 - Safety Promotion
The fourth component of the Agency’s SMS is Safety Promotion, which includes a combination of training and communication of safety information to employees to enhance the Agency’s safety performance. Safety Promotion sets the tone for the SMS and helps Union City to establish and maintain a robust safety culture. Safety Promotion has two-components: (1) Safety Communication; and (2) Competencies and Training.
8.1 - Safety Communication
Union City communicates safety and safety performance information throughout the organization that, at a minimum, conveys information on hazards and safety risks relevant to employees’ roles and responsibilities and informs employees of safety actions taken in response to reports submitted through an employee safety reporting program.
Ongoing safety communication is critical, and Union City ensures communication occurs up, down, and across all levels of the organization. Any lessons learned are communicated to all concerned. Management commitment to address safety concerns and hazards is communicated on a regular basis. Management encourages and motivates employees to communicate openly, authentically, and without concern for reprisal; ensures employees are aware of SMS principles and understand their safety-related roles and responsibilities; conveys safety critical information such as accident data, injuries, and reported safety concerns and hazards and their resolutions to employees. Union City’s tools to support safety communication include:
• Safety bulletins
• Safety notices
• Posters
• CDs or Thumb drives or online safety video access
• Newsletters
• Briefings or Toolbox talks
• Seminars and workshops
• New employee training and refresher training
• Intranet or social media
• Safety Committee Meetings
8.2 – Competencies and Training
Executive Management ensures that all employees attend the training provided to understand their specific roles and responsibilities for the implementation of SMS. Union City provides SMS training in the following areas:
All Employees:
• Understanding of Safety Performance Targets
City Council/RSA Agenda 41 Tuesday, February 28, 2023
21 • Understanding of fundamental principles of SMS
• Understanding of Safety Reporting Program – Reporting unsafe conditions and hazards/near misses
• Understanding of their individual roles and responsibilities under SMS Managers and Supervisors
• Understanding of Safety Risk Management
• Understanding of Safety Assurance
• Understanding of Safety Promotion
• Understanding of their individual roles and responsibilities for SMS Executive Management:
• Understanding of management commitment to and support of all SMS activities.
All employees are required to acquire the competencies and knowledge for the consistent application of their skills as they relate to safety performance objectives. Union City dedicates resources to conduct effective safety-related skill training. The scope of the safety training is appropriate to each employee’s individual safety-related job responsibilities and their role in SMS. Components of Union City’s skill-related training include:
• Conducting training needs analyses to ensure that the right information is being taught to the right employees using the most efficient training methods. • Communicating purpose, objectives, and outcome.
• Ensuring relevant content by directly linking training to the trainee’s job experiences so trainees are more motivated to learn.
• Using active hands-on demonstrations and practice to demonstrate skills that are being taught and provide opportunities for trainees to practice skills. • Providing regular feedback during hands-on practice and exercises. • Reinforcing training concepts in the post-training work environment by giving employees opportunities to perform what they’ve learned.
Union City conducts refresher training monthly during employee safety meetings. MV Transportation, Union City’s contractor, has safety training programs and refresher training for all safety employees that can be found in their employee training documents and MV’s own SMS Plan.
City Council/RSA Agenda 42 Tuesday, February 28, 2023
22 Section 9 – Documentation
Pursuant to 49 CFR Part 673.31, Union City maintains records related to this Safety Plan and SMS implementation for a minimum of three years. These documents include but are not limited to the results from SMS processes and activities. Union City will make these documents available to FTA Region 9, Caltrans, and other Federal and State agencies upon request.
City Council/RSA Agenda 43 Tuesday, February 28, 2023
Attachment A – Authorizing Resolution
24 City Council/RSA Agenda 44 Tuesday, February 28, 2023 25 City Council/RSA Agenda 45 Tuesday, February 28, 2023 Agenda Item
DATE: 2/28/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE TRANSFER OF $87,180 FROM
THE KENNEDY CENTER PARKING LOT REHABILITATION PROJECT TO
THE OLD ALVARADO/CESAR CHAVEZ PARKS IMPROVEMENT PROJECT, CITY PROJECT NO. 21-13
Staff recommends that the City Council adopt a resolution authorizing the transfer of $87,180 from the Kennedy Center Parking Lot Rehabilitation Project to the Old Alvarado/Cesar Chavez Parks Improvement Project, City Project No. 21-13.
STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:
Goal D, Strategy 2: Environmental Sustainability and Infrastructure – Implement the City’s capital improvement plan.
BACKGROUND
On April 26, 2022, the City Council approved Resolution No. 5924-22, which awarded the construction contract to Guerra Construction Group for the Old Alvarado/Cesar Chavez Parks Improvement Project, City Project No. 21-13. The contract award was for an amount not to exceed $1,014,111. Construction started shortly thereafter.
In December 2022, the Council authorized an additional $162,000, Resolution No. 6055-22, when CDBG grant funds fell short of the expected award for this project. The project is now nearing completion. Plans are being developed for the grand re-opening of the parks in the coming months. However, construction staff discovered that there are several pedestrian level light posts throughout the parks that require repair as part of the project. This new development requires a change order for additional funding to complete the repair to the light posts as part of the original project prior to re-opening the parks.
DISCUSSION
City Council/RSA Agenda 46 Tuesday, February 28, 2023
During construction, inspectors identified five (5) existing light posts that should be replaced due to wear at the lamp post base. The replacement of the lights was not identified by the original construction contract and a change order is required to perform this necessary work as part of the project. The cost of the change order for these necessary repairs is approximately $80,000 and includes components and labor.
In addition to repairing and reenforcing the bases of the five (5) light posts, other remaining construction activities include completing the basketballand volleyballcourts and installing the picnic tables and benches. Completion of the parks is expected in late April 2023.
Staff is requesting that funds be transferred from the future Kennedy Center Parking Lot Rehabilitation Project to the Old Alvarado/Cesar Chavez Parks Improvement Project. There are sufficient funds available in the Kennedy Center Parking Lot Rehabilitation Project to make the repairs to the light posts. Staff requests that the Council approve a change order for an additional $87,180, which includes an approximate 9% contingency of $7,180 to cover unforeseen costs that may arise with the repairs of this previously unforeseen and subsequently discovered condition of the existing light foundations and electricalcomponents.
FISCAL IMPACT
There are sufficient funds in the Kennedy Parking Lot Rehabilitation Project (Account 2550-3199-99999-54111) for the requested transfer to the Old Alvarado/Cesar Chavez Parks Improvement Project (Account 2550-3199-92113- 54111).
As part of the upcoming Five-Year Capital Improvement Program (CIP) update, Public Works will identify future funds for the Kennedy Parking Lot Rehabilitation Project.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the transfer of $87,180 from the Kennedy Center Parking Lot Rehabilitation Project to the Old Alvarado/Cesar Chavez Parks Improvement Project, City Project No. 21-13.
Prepared by:
Trieu Tran, Civil Engineer III
Submitted by:
Marilou Ayupan, Public Works Director
ATTACHMENTS:
Description Type
Resolution - Old Alvarado/Cesar Chavez Park Resolution
City Council/RSA Agenda 47 Tuesday, February 28, 2023
RESOLUTION NO. _________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AUTHORIZING THE TRANSFER OF $87,180 FROM THE KENNEDY CENTER
PARKING LOT REHABILITATION PROJECT TO THE OLD ALVARADO/CESAR CHAVEZ PARKS IMPROVEMENT PROJECT, CITY PROJECT NO. 21-13 WHEREAS, on April 26, 2022, under Resolution No. 5924-22, the City Council awarded the construction contract for a not to exceed amount of $1,014,111 to Guerra Construction Group for the Old Alvarado/Cesar Chavez Parks Improvement Project, City Project No. 21-13; and WHEREAS, on December 13, 2022, the Council authorized an additional $162,000, Resolution No. 6055-22, when CDBG grant funds fell short of the expected award for this project.
WHEREAS, construction for Old Alvarado/Cesar Chavez Parks is nearing completion; and
WHEREAS, in January 2023, Public Works staff identified five (5) existing light posts should be replaced due to wear at the base of pedestrian level lights that were not part of the current construction contract, and
WHEREAS, staff requested a quote for repairs to be made for the five (5) light posts and the installation of their associated electrical components. The project contractor, Guerra Construction Group, returned a quote totaling approximately $80,000 for repairs, components, and labor; and
WHEREAS, staff is requesting that funds be transferred from the Kennedy Center Parking Lot Rehabilitation Project to the Old Alvarado/Cesar Chavez Parks Improvement Project to make these urgent repairs and allow the parks to re-open on schedule.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the transfer of $87,180 from the Kennedy Parking Lot Rehabilitation Project (Account 2550-3199-99999-54111) to the Old Alvarado/Cesar Chavez Parks Improvement Project (Account 2550-3199-92113-54111), City Project No. 21-13. .
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 28th day of February 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
City Council/RSA Agenda 48 Tuesday, February 28, 2023
Resolution No. XXXX-23
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ _________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 49 Tuesday, February 28, 2023
Agenda Item
DATE: 2/28/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE CITY’S
CLASSIFICATION & COMPENSATION PLAN TO INCREASE THE
MAXIMUM HOURLY RATE FOR THE PROJECT SPECIALIST TO $116
PER HOUR IN CONFORMANCE WITH CALIFORNIA CODE OF
REGULATIONS, TITLE 2, SECTION 570.5
Staff recommends that the City Council adopt a resolution approving an amendment to the City’s Classification & Compensation Plan, effective February 20, 2023, to increase the maximum hourly rate from $86.26 per hour to $116 per hour.
STRATEGIC PLAN ALIGNMENT
This action supports Strategy 8 of Goal B, Governance and Organization Effectiveness, by ensuring salaries are competitive in order to recruit, attract and retain talented employees.
BACKGROUND
The current Compensation & Compensation Plan establishes a maximum hourly compensation for the Project Specialist at $86.26 per hour. This maximum hourly rate has not kept pace with the market, staff salaries, or the need for the City to hire interim help for projects that require specialized skills.
DISCUSSION
The proposed amendment to the Classification & Compensation Plan recommends an increase to the maximum hourly rate for the Project Specialist classification to $116 per hour, which is consistent with the highest hourly rate for non-sworn department head positions. Staff is recommending this increase to provide for greater flexibility to hire Project Specialists where specialized knowledge, skill and experience are required.
Project Specialists are hourly, non-benefited and time limited positions. Project Specialists are hired to City Council/RSA Agenda 50 Tuesday, February 28, 2023
temporarily provide coverage for special projects and tasks, employees on leave, or other related staffing needs.
FISCAL IMPACT
There is no ongoing fiscal impact to the General Fund. Project Specialists are hired for time-limited, project specific tasks and are usually paid through salary savings of unfilled positions or other budget savings.
RECOMMENDATION
Staff recommends that the City Counciladopt a resolution approving an amendment to the City’s Classification & Compensation Plan, effective February 20, 2023, to increase the maximum hourly rate to $116 per hour.
Prepared by:
Joan Malloy, City Manager
Submitted by:
Joan Malloy, City Manager
ATTACHMENTS:
Description Type
Resolution - Project Specialist Resolution
City Council/RSA Agenda 51 Tuesday, February 28, 2023
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UNION CITY APPROVING AN AMENDMENT TO THE CITY’S CLASSIFICATION &
COMPENSATION PLAN TO INCREASE THE MAXIMUM HOURLY RATE FOR THE PROJECT SPECIALIST TO $116 PER HOUR IN CONFORMANCE WITH CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5
WHEREAS, the approved Classification & Compensation Plan establishes the maximum hourly rate for the Project Specialist classification at $86.26 per hour; and WHEREAS, the City has the need to adjust the maximum hourly compensation for the Project Specialist classification in order to keep pace with the market, staff salaries, or the need for the City to hire interim help for projects that require specialized skills; and WHEREAS, the City Council desires to amend the Classification & Compensation Plan to increase the maximum hourly rate for the Project Specialist classification to $116 per hour, which is consistent with the highest hourly rate for non-sworn department head positions; and WHEREAS, the adjustment will provide greater flexibility to hire qualified individuals in the Project Specialist classification where specialized knowledge, skill and experience are required; and WHEREAS, individuals serving in the Project Specialist classification are hired to provide technical assistance for special projects and tasks and ensure that the City is able to complete other necessary functions; and
WHEREAS, the Project Specialist classification is an hourly, non-benefited and time limited classification.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves an amendment to the City’s Classification & Compensation Plan to increase the maximum hourly compensation for the Project Specialist classification from $86.26 to $116.00 per hour, effective February 20, 2023.
City Council/RSA Agenda 52 Tuesday, February 28, 2023
Agenda Item
DATE: 2/28/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE
CONSULTING SERVICES AGREEMENT WITH CASCADIA CONSULTING
GROUP, INC. (C5881), FOR TECHNICAL ASSISTANCE CONSULTING
SERVICES, TO EXTEND THE EXPIRATION OF THE AGREEMENT TO
DECEMBER 31, 2024, AND TO INCREASE THE AGREEMENT AMOUNT BY $150,000, FOR A TOTAL NOT-TO-EXCEED CONTRACT AMOUNT OF $224,970, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
FIRST AMENDMENT IN A FORM APPROVED BY THE CITYATTORNEY
Staff recommends that the City Council adopt a resolution (Attachment 1) approving the First Amendment to the Consulting Services Agreement (C5881) (“Agreement”) with Cascadia Consulting Group, Inc. (Cascadia Consulting) to continue providing business recycling technical assistance consulting services to facilitate compliance with SB 1383, and authorizing the City Manager to execute the First Amendment in a form approved by the City Attorney. The scope of the First Amendment includes extending the expiration of the Agreement for an additional eighteen months from June 30, 2023 to December 31, 2024 and increasing the amount by $150,000 for a not-to-exceed Agreement amount of $224,970.
STRATEGIC PLAN ALIGNMENT
Goal D: Environmental Sustainability and Infrastructure Strategy 12, Explore additional opportunities to exceed State Waste Reduction targets.
BACKGROUND
The City’s Franchise Agreement for solid waste, organic waste (compost), and recycling collection and processing services with Republic Services includes a full-time staff position (Recycling Coordinator) to perform a variety of tasks and responsibilities associated with assisting the City with State mandated recycling and compost collection services. A provision in the Franchise Agreement requires Republic Services to City Council/RSA Agenda 53 Tuesday, February 28, 2023
reimburse the City in full for Consultant services needed while the Recycling Coordinator position is vacant.
In June 2022, the City engaged the services of Cascadia Consulting due to a long-term vacancy of a Republic Services Recycling Coordinator position. The scope of consulting work is focused on commercial recycling technical assistance and the contract (C5881) included a not to exceed amount of $74,970 for which Republic Services will reimburse the City in full for work conducted through February 2023. While Republic Services subsequently filled the Recycling Coordinator position, it is once again vacant as of February 17, 2023 and the City is anticipating the continued use of Cascadia Consulting to provide needed staffing support.
Since the duration of the vacant Recycling Coordinator position is currently unknown, the City anticipates funding the contract extension through both the use of budgeted funds and via the contractual obligation of Republic Services to reimburse the City for consultant services used while the position is vacant.
DISCUSSION
Staff is requesting to increase the amount of the existing Agreement by $150,000, which would bring the total not-to-exceed amount of the Agreement to $224,970. City policy requires that all contracts, including amendments to contracts over $75,000, be approved by the City Council.
Staff is requesting the Agreement amount be increased to provide additional funding and the expiration date of the Agreement be extended to continue facilitating needed compliance related technical assistance to businesses. In addition, it is anticipated that Republic Services shall be reimbursing the City for continuing the consultant’s services commencing in March 2023 due to the current vacancy of Republic Services' Recycling Coordinator position effective February 17, 2023.
FISCAL IMPACT
The City Recycling Program has funds included in the City Manager's FY 2022-2023 Budget under the line item of Professional / Consulting (Account No. 2030-1201-20021-54110) for the consultant’s work; however, Republic Services is obligated to reimburse the City for the consultant’s work while their Recycling Coordinator position remains vacant. Staff will engage consultant services while said expense shall be reimbursed by Republic Services, and shall be paid directly from budgeted funds if ongoing consultant assistance is required while the company’s newly hired Recycling Coordinator is transitioning into the role effectively.
RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution approving the First Amendment to the Agreement with Cascadia Consulting Group, Inc. (C5881), for Technical Assistance Consulting Services, to extend the expiration of the Agreement to December 31, 2024, and to increase the Agreement amount by $150,000, for a total not-to-exceed contract amount of $224,970, and authorizing the City Manager to execute the First Amendment in a form approved by the City Attorney.
Prepared by:
Cliff Feldman, Recycling and Solid Waste Manager
City Council/RSA Agenda 54 Tuesday, February 28, 2023
Submitted by:
Jennifer Phan, Deputy City Manager
ATTACHMENTS:
Description Type
Attachment 1 – Resolution Extending the CSA with Cascadia Consulting
Resolution
Exhibit A – Amendment No. 1 – Scope of Work Exhibit
City Council/RSA Agenda 55 Tuesday, February 28, 2023
RESOLUTION NO. XXXX-23
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
APPROVING THE FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH CASCADIA CONSULTING GROUP, INC. (C5881), FOR
TECHNICAL ASSISTANCE CONSULTING SERVICES, TO EXTEND THE EXPIRATION OF THE AGREEMENT TO DECEMBER 31, 2024, AND TO INCREASE THE AGREEMENT AMOUNT BY $150,000, FOR A TOTAL NOT-TO-EXCEED CONTRACT AMOUNT OF $224,970, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE FIRST AMENDMENT IN A FORM APPROVED BY THE CITY
ATTORNEY
WHEREAS, the City of Union City entered into a Franchise Agreement with Republic Services (formerly Allied Waste Services) to provide solid waste, organic waste and recycling collection and processing services; and
WHEREAS, the Agreement includes a full-time position (Recycling Coordinator) to perform a variety of tasks and responsibilities associated with encouraging recycling and assisting the City with State-mandated recycling and organic waste (compost) collection services; and WHEREAS, the Agreement includes a provision which requires Republic Services to reimburse the City in full for consultant services needed while the Recycling Coordinator position is vacant; and
WHEREAS, the City of Union City utilizes consultants for technical assistance to facilitate compliance with SB 1383 to support the City’s Recycling Program; and WHEREAS, on June 3, 2022, the City and Cascadia Consulting Group, Inc. (Consultant) entered into an Agreement, in an amount not-to-exceed $74,970, for technical assistance to supplement the City’s efforts to encourage businesses to subscribe to organic waste (compost) collection services (C5881) (Agreement) by providing needed assistance due to an extended vacancy of the Republic Services’ Recycling Coordinator position; and WHEREAS, staff is recommending that the Agreement be extended an additional eighteen months from June 30, 2023 to December 31, 2024; and
WHEREAS, staff is also requesting that the Agreement amount be increased by $150,000 to continue facilitating needed technical assistance to commercial sector accounts that are not compliant with the organic waste (compost) collection services mandated by SB 1383; and WHEREAS, the City Manager’s Office will be utilizing funds included in the FY 2022- 2023 Budget under the line item of Professional / Consulting (Account No. 2030-1201-20021- 54110) for the Consultant’s continuing work providing technical assistance to businesses. Work performed by the Consultant during the amended contract period will be paid under this account and will be reimbursed in full by Republic Services during the time period that the company’s Recycling Coordinator position is vacant.
City Council/RSA Agenda 56 Tuesday, February 28, 2023
Resolution No. XXXX-23
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves the First Amendment to the Consulting Services Agreement with Cascadia Consulting Group, Inc. (C5881), for Technical Assistance Consulting Services, to extend the expiration of the Agreement to December 31, 2024, and to increase the Agreement amount by $150,000, for a total not-to-exceed contract amount of $224,970, and hereby authorizes the City Manager to execute the First Amendment in a form approved by the City Attorney.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 28th day of February 2023, 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 57 Tuesday, February 28, 2023
Memorandum
Amendment Request for Union City SB1383 Outreach | 1
Memorandum
To: Cliff Feldman, Recycling & Solid Waste Program Manager, City of Union City From: Angela Pan, Cascadia Consulting Group, Inc.
Date: February 17, 2023
Subj: Request for budget amendment for the Union City SB 1383 Outreach Project In February 2023, the City of Union City (Union City) approached Cascadia Consulting Group, Inc. (Cascadia) to extend their current contract for the SB 1383 business outreach project in response to an outreach representative vacancy at Republic Services. This memo serves as an amendment request to the City that outlines the scope of work and budget needed for one additional month of outreach assistance.
Scope of Work
Cascadia will provide outreach in Union City to AB 1826, 341 and SB 1383 non-compliant accounts to educate representatives about their requirements under the law, with the goal of subscribing the accounts to organics and recycling collection services or documenting exemptions. Cascadia will record all outreach activities in a shared data tracking tool (Recyclist) and provide monthly progress updates. This work is organized into two tasks, described below in more detail.
TASK 1. PROJECT MANAGEMENT, PROGRESS REPORTING, AND MONTHLY
MEETINGS
Our Project Manager will send monthly outreach reports to Union City summarizing our outreach progress to-date. Our Project Manager and Project Advisor will attend a monthly call with the City to go over outreach progress and troubleshoot in-progress accounts. Our Project Manager will keep our team on track to ensure we are meeting project goals as well as communicate regularly with the City lead to get feedback and keep them up to date on progress towards business compliance. This task also includes monthly invoicing and other project management activities.
TASK 2. OUTREACH TO NON-COMPLIANT BUSINESSES AND OUTREACH
TRACKING
Cascadia’s trained outreach specialists will communicate with approximately 25 in-progress businesses each month, with the goal of assisting approximately 5 businesses to become compliant with SB 1383 compost subscription requirements. Compliance will be defined as compost subscription, de minimis waiver approval, or certification of recycling/compost service.
This scope assumes that Cascadia will conduct outreach mainly to generators that produce 6+ cubic yards of garbage per week.
Exhibit A - Amendment No. 1 - Scope of Work
City Council/RSA Agenda 58 Tuesday, February 28, 2023
Memorandum
Amendment Request for Union City SB1383 Outreach | 2
To maximize efficiency and effectiveness, we propose to provide three touches to businesses via a mix of phone, email, and in-person outreach to connect with a decision maker. We will aim to visit businesses no more than 2 days before service days to maximize likelihood that discarded material is available to inspect. This will be especially helpful to verify any business owners’ claim of generating de minimis quantities of organics.
During each site visit, we will aim to connect with a decision-maker or an account representative authorized to make changes to collection service. If the decision maker is not present, our team will collect contact information and/or work schedule of a key decision-maker to use should we return at a future date.
During our visits our outreach specialists will:
Relay requirements of AB 1826, 341 and SB 1383 and address questions Discuss business operations and organics generation levels Explain the definition of organic material under AB 1826 & SB 1383 (food scraps, food soiled paper, paper towels, yard trimmings, and wood waste, etc) Offer available resources, post signs and decals
Relay recommended actions to improve programs by making changes such as co-locating bins, adding signs, and increasing recycling or organics service If requested, conduct short, impromptu trainings to available staff on recycling and composting rules and best practices during site visit. If more in-depth training is requested, we will refer the account to Republic or Tri-CED.
Work with the account to determine a path forward which may include one of the following:
Facilitating service changes with Republic and/or Tri-CED (City to provide hauler contacts)
Currently, Cascadia does not have a direct Republic contact that will help with service level changes.
Cascadia assumes that once a CSA is submitted to their respective hauler, the hauler representative will reach out to the account holder within 48 business hours.
Document potential exemptions by estimating quantities of organic material in the trash, taking photos and submitting a waiver application form on behalf of the business to StopWaste
Document potential compliance through self-hauling, back-hauling or sharing service and supporting qualified businesses with submitting a Certification of Recycling Service Form to StopWaste
Document businesses already in compliance
Send a follow-up email to each business summarizing recommendations for next steps If needed, follow-up with the business and hauler(s) to ensure any recommended and approved service changes are made
After each visit, our outreach specialists will document all information collected and summarize next steps in Recyclist including:
Confirmation of service levels
Confirmation of decision-maker’s contact email, phone number, and role Notes summarizing outreach activities, service changes made and recommendations for next steps
City Council/RSA Agenda 59 Tuesday, February 28, 2023
Memorandum
Amendment Request for Union City SB1383 Outreach | 3
Referral to haulers to start organics and/or recycling service and/or adjust current service levels
Referral to Union City if an account requires a curtesy notice or additional public education collateral materials (e.g., posters, services guides, decals, etc.) beyond what the Cascadia outreach specialist can provide
Referral to StopWaste if the account needs and is eligible for the free indoor green bin grant; referral to Union City if the account requires internal collection containers and is ineligible for StopWaste’s free indoor bin grant
Potential exemption type (AB 1826 and/or SB 1383) and notes Potential compliance through shared services or backhauling and notes Identified/confirmed inactive accounts
For those businesses where we are unable to reach a decision maker after two visits and four phone and email attempts, we will mark those accounts as “unable to assist” and provide a list of these accounts to Union City monthly (or another agreed-upon reoccurring basis)
COST ESTIMATE (PER MONTH)
Task
Project
Advisor
($220/hr)
Project
Manager/
Outreach
Specialist
($155/hr)
Outreach
Specialist
($130/hr)
Total
Labor
Hours
Total
Labor
Costs
Total
Reimbursable
Costs
Total
Costs
Task 1: Project
Management,
progress
reporting, and
monthly
meetings
1 3 -- 4 $685 -- $685
Task 2:
Outreach to
Non-Compliant
Businesses
1 25 40 66 $9,295 $100 $9,395
Total 2 28 40 70 $9,980 $100 $10,080
UPDATED STAFF BILLING RATES
Key Staff Hourly Rate
Angela Pan, Project Advisor $220
Shirley Ng, Project Manager and Business Outreach Specialist $155 Victoria Alvarez-Conn, Business Outreach Specialist $130 City Council/RSA Agenda 60 Tuesday, February 28, 2023
Agenda Item
DATE: 2/28/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC, AND COMMUNITY
DEVELOPMENT DIRECTOR
SUBJECT: 1) WAIVE THE FIRST READING AND INTRODUCE AN ORDINANCE, FOR ZONING TEXT AMENDMENT, AT-23-001, UPDATING CHAPTERS
18.08, DEFINITIONS, 18.36, COMMERCIAL DISTRICTS, AND 18.39 UNION
LANDING COMMERCIAL (CUL) DISTRICT, TO ADD DEFINITIONS,
UPDATE REGULATIONS, AND STREAMLINE REVIEW PROCESSES FOR
OUTDOOR DINING AREAS, AND FIND THAT THE ZONING TEXT
AMENDMENTS ARE EXEMPT FROM ENVIRONMENTAL REVIEW IN
ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY
(CEQA) ACT GUIDELINES SECTION 15061(B)(3), THE GENERAL
EXEMPTION FOR PROJECTS WITH NO POTENTIAL FOR A
SIGNIFICANT EFFECT ON THE ENVIRONMENT; AND 2) PROVIDE AN UPDATE ON THE COVID-19 RESPONSE GRANT PROGRAM.
Staff recommends that the City Council waive the first reading and introduce an Ordinance (Attachment 1) approving Zoning Text Amendment AT-23-001, and receive an update on the COVID-19 Response Grant Program.
The proposed zoning text amendments associated with AT-23-001 (included in Exhibit A (Clean) and B (redlined) of Attachment 1) add definitions, updates regulations, and streamline review processes for outdoor dining facilities.
Approval of the amendments is exempt from environmental review in accordance with California Environmental Quality Act Guidelines section 15061(b)(3), the generalexemption 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.
The Planning Commission recommended approval of Zoning Text Amendment AT-23-001 with modified language to the City Council at its February 16, 2023 meeting on a 4-0 vote. Attached to this staff report are the Planning Commission Staff Report (Attachment 2), Planning Commission Desk Item (Attachment 3), Draft Planning Commission Meeting Minutes (Attachment 4), and Draft Planning Commission Resolution City Council/RSA Agenda 61 Tuesday, February 28, 2023
(Attachment 5).
STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following
Goal C, Strategy 5: Improve and streamline the development process. (Council Priority) Goal C, Strategy 21: Continue providing support to City residents and businesses related to COVID-19 recovery
BACKGROUND
In response to the COVID-19 pandemic, several actions were taken by the City Council to support the community including 1) adoption of an urgency ordinance (Ordinance #878-20) allowing the Zoning Administrator to waive certain Zoning Code requirements, which allowed for establishment of a Temporary Outdoor Dining Program, 2) creation of a COVID-19 Response Grant Program, which has provided approximately $620,000 in grants to support residents, businesses and non-profit entities; and 3) adoption of a temporary eviction moratorium for businesses and residents suffering income loss as a result of COVID-19.
On January 24, 2023, the City Council approved terminating the City’s local emergency declaration on February 28, 2023, consistent with the Governor’s stated intent to terminate the California state of emergency on that date. As such, the urgency ordinance, related Temporary Outdoor Dining Program and the eviction moratorium willexpire. In response, staff is proposing amendments to the Zoning Ordinance to add provisions to expand opportunities for permanent outdoor dining and streamline planning approvals. In addition, there will be another round of COVID-19 Response Grant Program funding to support residents, property owners, and small businesses in recovering from the impacts of COVID 19. See below for some additional background regarding these programs.
Temporary Outdoor Dining Program
The Zoning Code contains regulations regarding permanent outdoor dining facilities. Depending on the circumstances, outdoor dining activities may require discretionary review or may be prohibited altogether.
Complying with these procedures was seen as a significant burden to businesses facing economic impacts from COVID-19, which prompted the adoption of the urgency ordinance, to facilitate the installation of temporary outdoor dining facilities to support the City’s local businesses.
Once the urgency ordinance was adopted, Planning Division staff developed a program to allow temporary outdoor operations. This program went live on September 01, 2020. Within the first two months, the program approved 11 restaurants for installation of temporary outdoor dining facilities. The program was placed on hold in December 2020, when Alameda County issued a secondary lockdown and paused all non-essential operations, which included outdoor dining.
During this time, staff reviewed the program and made revisions to the requirements in order to address issues which had arisen. Additionally, the County and State issued additional guidelines for outdoor operations. When the secondary lockdown was lifted at the end of January 2021, the program was reinstated. Once the application process was reopened, the program saw an additional 19 temporary outdoor dining facilities receive approval.
COVID 19 Response Grant Program
In September 2020, the City launched the COVID 19 Response Grant program. Since its inception, the City has allocated approximately $620,000 o f Community Development Block Grant (CDBG) Entitlement funds, Coronavirus Aid, Relief, and Economic Security (CARES) Act CDBG-CV funds, and a grant from East Bay Community Energy (EBCE) to the program. The program focuses on three priority areas that support the residential and business community. This targeted approach allows the City to best utilize its limited funding while addressing some of the greatest need. The grant program includes three components: 1) Residential Rental Assistance Program, 2) Road to Recovery Small Business Assistance Program, and 3) Food Security Grant Program.
City Council/RSA Agenda 62 Tuesday, February 28, 2023
DISCUSSION
Outdoor Dining
As discussed above, due to the termination of the City’s local emergency declaration, the Temporary Outdoor Dining Program is winding down. To facilitate the installation of permanent outdoor dining facilities, staff is proposing zoning amendments to streamline review processes and update standards for outdoor dining facilities. The proposed amendments eliminate discretionary review for the majority of outdoor dining facilities.
In these instances, only a Site Plan Review is required to ensure that the improvements are consistent with applicable requirements such as compliance with American with Disabilities Act (ADA) regulations. The amendments also expand where outdoor dining facilities can be established including existing parking lots and landscaped areas, which was something that was previously not permitted. See below for an overview of the proposed amendments.
Outdoor dining facilities established under the program were intended to be temporary in nature and after approximately two to two and one-half years are outliving their useful life. To further incentivize the development of permanent outdoor dining and ensure outdoor dining facilities are constructed consistent with applicable requirements, staff is proposing to utilize a portion of the COVID 19 Response Grant funding to reimburse construction costs for businesses that construct permanent outdoor dining facilities under the new requirements. For more information regarding the grant program, see discussion below.
Businesses who wish to convert their existing temporary outdoor dining facilities must apply to the Planning Division for approval by April 13, 2023 and be under construction by June 30, 2023. Businesses who do not apply by the April 13, 2023 deadline will be required to remove any temporary outdoor dining facilities at that time.
Outdoor Dining Zoning Text Amendments
The proposed updates to Chapters 18.08, 18.36 and 18.39 streamline review processes and update standards for outdoor dining facilities. A high-level summary of these updates are included below. See attached Exhibit A (clean) and Exhibit B (redlined version) for the amendment wording. For a more detailed overview of the amendments, see attached Planning Commission staff report (Attachment 2).
Chapter 18.08 Definitions
The proposed text amendments revise Chapter 18.08 to add definitions related to outdoor dining facilities.
These definitions are needed to clarify the different types of outdoor dining establishments that are permitted and define the site plan review process.
The three types of outdoor dining spaces are:
Outdoor dining patio - an outdoor dining area located on private property that is associated with an adjacent food service use.
Sidewalk café- an outdoor dining area located within the sidewalk area of a public right-of-way that is associated with an adjacent food service use.
Privatesidewalk café- an outdoor dining area located within a sidewalk or plaza area on private property that is associated with an adjacent food service use.
Chapter 18.36 Commercial Districts
The proposed text amendments would revise the following sections:
Section 18.36.020 Permitted Uses
To allow for sidewalk cafes and private sidewalk cafes associated with food service uses subject to the provisions of Section 18.36.190 within allcommercialzoning districts.
Section 18.36.030 Conditional Uses
To conditionally allow for outdoor dining patios at food service uses subject to the provisions of Section City Council/RSA Agenda 63 Tuesday, February 28, 2023
18.36.190 within allcommercialzoning districts subject to the issuance of an Administrative Use Permit.
Section 18.36.180 Sidewalk Café Standards.
To renumber this section to 18.36.190 ensuring cross references in other chapters are correct, retitle the section to “Outdoor dining standards” and to establish requirements and processes for three types of outdoor dining spaces.
Section 18.36.190 Standards for live music at full service/sit down restaurants To renumber this section to 18.36.195 ensuring cross references in other chapters are correct.
Chapter 18.39 Union Landing Commercial (CUL) District
The proposed text amendments would revise the following sections:
Section 18.39.040 Permitted Uses.
To allow for private sidewalk cafes at food service uses subject to the provisions of Section 18.36.190 within the following Union Landing Commercial (CUL) subdistricts Subregional Commercial Development (SRC), Subregional Specialty Commercial Development (SRSC), and Community Commercial Development (CC).
Section 18.39.050 Conditionally permitted uses
To conditionally allow for outdoor dining patios at food service uses subject to the provisions of Section
18.36.190 within the following Union Landing Commercial (CUL) subdistricts Subregional Commercial Development (SRC), Subregional Specialty Commercial Development (SRSC), and Community Commercial Development (CC) and subject to issuance of an Administrative Use Permit.
Section 18.39.055 Outdoor dining.
To cross reference to Section 18.36.190 for outdoor dining provisions.
Planning Commission Meeting
The Planning Commission reviewed the proposed amendments at a public hearing on February 16, 2023. For a detailed overview of the Planning Commission discussion, see attached Draft Meeting Minutes labeled Attachment 4. The Commission also considered a Desk Item (Attachment 3) concerning minor updates recommended by Deputy City Attorney Alex Mog and question and comments from Commissioner Lew regarding the proposed amendments. The Commission voted 4-0 to recommend approval of the proposed amendments with some minor updates to the amendment wording to the City Council. To date, staff has not received any feedback on the proposed amendments.
COVID-19 Response Grant Program Update
As part of the City’s continued effort to help residents and small businesses recover from the COVID-19 pandemic, the City will open another application round for both the Residential RentalAssistance program and the Road to Recovery Small Business Assistance program.
The City has approximately $84,000 left in CARES Act – CDBG-CV funds that will be used to help residents with rental assistance who will be impacted by the lifting of the County and the City’s eviction moratoriums.
The third application round will follow the original programs guidelines and will look to cover up to three consecutive months of back rent, up to $7,500, for rental households earning 80 percent of area median income ($94,000 for a family of three) who have been impacted by COVID-19. Funds will be paid directly to the landlord.
Along with the Residential Rental Assistance program, the City will also be opening a fourth application round of the Road to Recovery Small Business Assistance program funding for businesses who have continued to be impacted by the COVID-19 pandemic. The City will be utilizing approximately $238,000 in funds from the CDBG Entitlement program and CARES Act – CDBG-CV funds in order to support small businesses continuing to face financial hardship due to the economic effects of COVID-19. The program will continue to use the original program guidelines to assist businesses by providing grants in an amount up to $10,000 and forgivable loans up to $20,000. Consistent with CDBG guidelines and past practice, any grant funding provided above $10,000 will be distributed as a forgivable loan. In these instances, in order for the loan to be forgiven, the grant recipient must submit a tax return documenting that they have not received prior grant City Council/RSA Agenda 64 Tuesday, February 28, 2023
funding for the item that they are being reimbursed for.
These grants can be used to cover the costs associated with installing permanent structures and purchasing of outdoor dining furniture, etc. to support outdoor dining operations, which aid with the mitigation of COVID-19 by continuing to provide a safe environment for restaurant patrons. These funds can also be used for purchase of personal protective equipment, payroll support, and coverage of rent, mortgage, or utilities with up to three months of assistance in arrears. To qualify for assistance, the businesses must have at least one low-moderate income employee (i.e., employee earning 80 percent or below of area median income).
The grant application will be available on the City’s website starting March 6, 2023. Although applications will be accepted on an on-going basis, staff will begin reviewing the first batch of applications received through March 30, 2023. If there are additional funds available after those applications are processed, staff will review any additional applications received after that date. Staff will be utilizing the City’s outreach and social media channels to get the word out regarding the grant opportunities and will be holding an informational meeting to go over the program requirements and respond to any questions.
FISCAL IMPACT
No fiscal impacts to the general fund would result from adoption of the proposed zoning text amendments or launching of a subsequent round of the COVID-19 Response Grant Program. The funds that are being utilized for the grant program were already earmarked for this purpose by the City Council through approval of past CDBG AnnualAction Plans.
RECOMMENDATION
Consistent with the Planning Commission recommendation, staff recommends that the City Council waive the first reading and introduce an Ordinance (Attachment 1) approving Zoning Text Amendment AT-23-001 and receive the COVID-19 Response Grant Program update.
Prepared by:
Brandon H DeLucas, Associate Planner and Francisco Gomez, Jr., Housing Manager Submitted by:
Brandon H DeLucas, Associate Planner
ATTACHMENTS:
Description Type
Attachment 1: Draft City Council Ordinance Ordinance
Attachment 1: Exhibit A (Clean) Exhibit
Attachment 1: Exhibit B(Redlines) Exhibit
Attachment 2: Planning Commission Staff Report dated 02/16/2023 Attachment Attachment 3: Desk Itemdated 02/16/2023 Attachment
Attachment 4: Draft Planning Commission Minutes dated 02/16/2023 Attachment Attachment 5: Draft Planning Commission Resolution 01-23 Attachment Power Point Attachment
City Council/RSA Agenda 65 Tuesday, February 28, 2023
Attachment 1
ORDINANCE NO. XXXX-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING MUNICIPAL CODE AMENDMENT, AT-23-001, TO UPDATE CHAPTERS 18.08, DEFINITIONS, 18.36, COMMERCIAL DISTRICTS, AND 18.39
UNION LANDING COMMERCIAL (CUL) DISTRICT, TO ADD DEFINITIONS,
UPDATE REGULATIONS, AND STREAMLINE REVIEW PROCESSES FOR
OUTDOOR DINING AREAS
WHEREAS, on June 9, 2020, in response to the COVID-19 pandemic had on the local economy and in particular food service uses, the City Council adopted an urgency ordinance (Ordinance #878-20) allowing the Zoning Administrator to issue temporary use permits waiving certain Zoning Ordinance requirements; and
WHEREAS, upon adoption of the urgency ordinance, the Zoning Administrator directed Planning Division staff to develop a program to allow temporary outdoor dining operations in compliance with all applicable County and State guidelines; and WHEREAS, while the outdoor dining program was meant as a temporary solution to address the challenges facing businesses as a result of the COVID-19 pandemic, there is a need to facilitate the development of permanent outdoor dining areas; and WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and
WHEREAS, the City’s Zoning Code currently regulates all development within the City; and
WHEREAS, the City Council desires to amend Title 18 provisions to add definitions, update regulations, and streamline review processes for outdoor dining areas; and
PLANNING COMMISSION REVIEW
WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed amendments associated with AT-23-001 on February 16, 2023, at which time all interested parties had the opportunity to be heard. The Planning Commission considered a staff report and Desk Item dated February 16, 2023 and all written and oral testimony, and adopted Resolution No. 01- 23 recommending approval of the amendments. The staff report, Desk Item and resolution are incorporated herein by reference; and
CITY COUNCIL REVIEW
City Council/RSA Agenda 66 Tuesday, February 28, 2023
WHEREAS, the City Council held a duly noticed public hearing on the proposed amendments on March 14, 2023, at which time all interested parties had the opportunity to be heard. The City Council considered a staff report dated February 28, 2023 and March 14, 2023 (including background reports) and incorporated herein by reference, the Planning Commission recommendation, and all written and oral testimony before taking action on the amendments; and WHEREAS, the amendment to the Municipal Code propose to amend Chapters 18.08 Definitions, 18.36 Commercial Districts, and 18.39 Union Landing Commercial (CUL) District, as shown in Exhibit A, which is attached hereto and incorporated herein by reference; and WHEREAS, a red-lined version of the amendment is shown in Exhibit B, which is attached hereto and incorporated herein by reference.
THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and correct and made a part of this Ordinance.
SECTION 2. CEQA. Approval of the amendments is exempt from environmental review in accordance with California Environmental Quality Act Guidelines section 15061(b)(3), the general exemption for projects with no potential for significant effect on the environment. As a series of text amendments and additions, it can be seen with certainty that there is no possibility that the Municipal Code Amendment will have a significant effect on the environment SECTION 3. Findings. The City Council makes the following findings in support of approving this Ordinance, based on the whole of the record before it.
1. The proposed Municipal Code Amendments are consistent with the General Plan,
2. The proposed Municipal Code Amendments are necessary and desirable to achieve the purposes of Title 18.
SECTION 4. Approval. The City Council hereby approves the amendments to the Municipal Code, more particularly, amending Chapters 18.08 Definitions, 18.36 Commercial Districts, and
18.39 Union Landing Commercial (CUL) District, 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.
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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.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 14th day of March 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 68 Tuesday, February 28, 2023
ATTACHMENT 1
EXHIBIT A
Chapter 18.08 Definitions
18.08.261 Food service.
A “food service” use is an establishment which serves food or beverages for immediate consumption either on the premises, or to be taken out for consumption elsewhere. Food service includes Food-Fast food/quick service restaurant, Food-Full service/sit down restaurant, and Food-Retail and carry out, but does not include Food stores.
18.08.481 Outdoor dining patio.
An “outdoor dining patio” is an outdoor dining area located on private property that is associated with an adjacent food service use (excluding outdoor dining areas defined as private sidewalk café in section 18.08.495).
18.08.495 Private sidewalk café.
A “private sidewalk café” is an outdoor dining area located within a sidewalk or plaza area on private property that is associated with an adjacent food service use.
18.08.534 Sidewalk café.
A “sidewalk café” is an outdoor dining area located within the sidewalk area of a public right-ofway that is associated with an adjacent food service use.
18.08.535 Site.
A “site” means a lot, or group of contiguous lots or parcels that is proposed for development under this title, and is in a single ownership.
18.08.536 Site-built home.
A “site-built home” is a single-family dwelling constructed outdoors entirely at the building site.
18.08.537 Site plan review.
A “site plan review” is a ministerial process in which the Director reviews a site plan submittal and determines compliance with applicable regulations.
Chapter 18.36 Commercial Districts
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:
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PERMITTED USES CPA CN CC CVR
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 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
Sidewalk cafes and private sidewalk cafes associated with food service uses subject to the provisions of Section 18.36.190 X X 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
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 Old Alvarado and Mission Boulevard neighborhoods, located above ground floor commercial uses X X City Council/RSA Agenda 70 Tuesday, February 28, 2023
PERMITTED USES CPA CN CC CVR
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
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 CPA CN CC CVR
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 provisions of Section 18.36.195(B) X X X X
Outdoor dining patios subject to the provisions of Section 18.36.190 X X X X Outdoor flower display along the street frontage of a permanently established florist in Union City 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
B. Approval by Planning Commission (refer to Chapter 18.56 for a detailed description of the use permit process).
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CONDITIONAL USES CPA CN CC CVR
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
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
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 X X
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CONDITIONAL USES CPA CN CC CVR
sides, pump islands located no closer than 20 feet to any property line, and alcoholic beverages not sold on site
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
18.36.190 Outdoor dining standards.
A. The following standards are applicable to all outdoor dining areas:
1. Operational Standards.
a. An outdoor dining area shall be used for dining only associated with an adjacent permitted food service use.
b. The area within fifteen (15) feet of the outdoor dining area shall be kept clean and free of litter.
c. An outdoor dining area shall not operate before 7:00 a.m. and after 10:00 p.m.
Sunday through Thursday, and before 7:00 a.m. and after 11:00 p.m. Friday through Saturday and shall not be used when the food service use is closed. d. The hours of operation of an outdoor dining area, located within 150 feet of an adjacent residential use shall not operate before 7:00 a.m. and after 9:00 p.m.
Sunday through Thursday, and before 7:00 a.m. and after 10:00 p.m. Friday through Saturday.
e. Use of an outdoor dining area shall comply with Chapter 9.40, Union City Community Noise Ordinance.
f. Smoking or vaping is not permitted within an outdoor dining area at any time.
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g. An outdoor dining area shall comply with all State of California Department of Alcoholic Beverage Control license requirements, as applicable. h. Cooking and/or the preparation of food within outdoor dining areas is prohibited.
i. Portable heaters, if provided, shall be located a minimum of 5 feet away from the exterior face of the building and from any combustible materials, including architectural projections, or in accordance with manufacturer recommendations, whichever is most restrictive.
j. Umbrellas, if provided, shall not be placed under a permanent roof or overhang. k. An outdoor dining area shall provide at least one of each: trash, recycling, and compost receptacles to serve the area. Receptacles that are located inside the business may meet this requirement if tables will be bussed for customers.
2. Design Standards.
a. An outdoor dining area shall be located adjacent to a permitted food service use.
b. An outdoor dining area shall be designed and operated so that unsafe conditions are not created.
c. An outdoor dining area shall ensure accessibility by complying with the California Building Code, and/or the Americans with Disabilities Act, whichever provides greater accessibility.
d. An outdoor dining area shall comply with applicable California Building and Fire Code requirements.
e. An unobstructed path of travel with a minimum 4-foot width that leads directly from exit doors of the food service use to the main private sidewalk or public right of way shall be required.
f. Temporary tent structures are prohibited.
B. Private sidewalk cafés are subject to the following standards:
1. Design Requirements.
a. A private sidewalk café shall be located within an existing sidewalk or plaza area on private property and shall not result in the removal of more than 5 percent of existing landscaping.
i. If more than 5 percent of existing on-site landscaping is proposed to be removed to accommodate the private sidewalk café, the private sidewalk café shall be subject to the requirements of an outdoor dining patio as provided in 18.36.190(C).
b. A private sidewalk café may be delineated by a barrier consisting of railings, fences, or planter boxes that are 3 feet in height or less. Solid walls are not permitted.
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i. if the private sidewalk café is completely enclosed by a barrier, an access gate shall be provided and meet all California Building and Fire Codes requirements regarding emergency egress.
c. If permanent structures are proposed, the private sidewalk café shall be subject to the requirements of an outdoor dining patio as provided in
18.36.190(C).
d. Circulation.
i. A clear path in, around or though the private sidewalk café shall be provided and be maintained at all times.
ii. The clear path shall be a paved sidewalk that is at least 5 feet wide. iv. The clear path shall be measured from the outermost point of the private sidewalk cafe to the curb, edge of sidewalk or to the nearest obstruction within the flow of pedestrian traffic, whichever is shorter.
Obstructions include but are not limited to: sign poles, lighting, trash receptacles, benches, trees, and gates that open outward beyond the perimeter of the private sidewalk café.
v. Recesses in the building facade shall not be used to satisfy the clear path requirement.
2. Permit Requirements.
a. Private sidewalk cafés are permitted subject to a site plan review approval as detailed below:
i. An application for site plan review shall be accompanied by the items identified by the outdoor dining application checklist as prescribed by the Director.
ii. The application shall be accompanied by a fee in an amount established by resolution of the City Council.
iii. All applications for site plan review shall be filed with the Director for review and approval or disapproval prior to the establishment of a private sidewalk café, or issuance of building permits.
C. Outdoor dining patios are subject to the following standards:
1. Design Requirements.
a. An outdoor dining patio shall be located adjacent to a food service use on private property.
b. An outdoor dining patio shall be delineated by a permanently installed barrier consisting of railings, fences, or a combination of railings and fences, and planter boxes that are 3 feet in height or less. Solid walls are not permitted.
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i. if the outdoor dining patio is completely enclosed by a barrier, an access gate shall be provided and meet all California Building and Fire Codes requirements regarding emergency egress.
c. An outdoor dining patio may have permanent shade and/or lighting structures. i. Any permanent improvements shall comply with applicable California Building and Fire Code requirements and may be subject to issuance of a building permit and/or Administrative Site Development Review approval pursuant to Chapter 18.52.
ii. Any permanent improvements shall comply with the development standards for the appropriate zoning district for which the site is located in.
d. An outdoor dining patio located within a parking lot or directly adjacent to a drive aisle shall be designed to not obstruct driver’s sight distances, vehicular or pedestrian access, and shall not result in a configuration that would shift pedestrian traffic into driveways or drive aisle.
e. Removal of required off-street parking:
i. The removal of required off-street parking is permitted when the outdoor dining area does not exceed 500 square feet.
ii. If the outdoor dining patio exceeds 500 square feet, the Zoning Administrator may only approve the application if he or she makes a finding that the reduction does not result in a parking impact to the site.
2. Permit Requirements.
a. Outdoor dining patios are subject to issuance of an administrative use permit, as detailed in Chapter 18.54, and site plan review as detailed in Section
18.36.190(B)(2).
D. Sidewalk Cafés are subject to the following standards:
1.Design requirements:
a. A sidewalk café shall be located within a public right-of-way sidewalk area adjacent to a food service use.
b. A sidewalk café may be delineated by a barrier consisting of railings, fences, or planter boxes that are 3 feet in height or less. Solid walls are not permitted c. Permanent structures are prohibited. The components of a sidewalk cafe shall consist solely of moveable furnishings, including moveable tables, chairs, planters and umbrellas.
e. Circulation.
i. A clear path around or though the sidewalk café shall be provided and be maintained at all times.
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ii. The clear path shall be a paved sidewalk that is at least 5 feet wide. iv. The clear path shall be measured from the outermost point of the private sidewalk cafe to the curb, edge of sidewalk or to the nearest obstruction within the flow of pedestrian traffic, whichever is shorter.
Obstructions include but are not limited to: sign poles, lighting, trash receptacles, benches, trees, gates that open outward beyond the perimeter of the private sidewalk cafe.
v. Recesses in the building facade shall not be used to satisfy the clear path requirement.
2. Permit Requirements
a. Sidewalk cafés are permitted subject to the issuance of an encroachment permit from the Public Works Department and a site plan review from the Planning Division as detailed in 18.36.190(B)(2).
b. Permission to use of the public right-of-way to operate a sidewalk café is at the discretion of the City, and such permission may be terminated at any time and for any reason. Permittee shall remove or relocate the sidewalk café, as directed, upon written demand of the City Manager, or his or her designee. 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 or removal of the sidewalk café at the expense of the permittee and/or property owner. Any such noncompliance shall also be a violation of this section c. The permittee shall carry liability insurance in the amount of at least one million dollars ($1,000,000), or such greater amount required by the City Manager with the City of Union City listed as an additionally insured.
18.36.195 Standards for live music at full service/sit down restaurants Chapter 18.39 Union Landing Commercial (CUL) District
18.39.040 Permitted Uses.
To facilitate coordinated, yet distinct development areas within Union Landing, a development proposal shall include only those uses consistent with its development type. The following uses shall be permitted within a commercial development in Union Landing, when the symbol “X” is marked in the column beneath the appropriate development type on Table 18.39.040. A use that is not listed is not permitted.
Table 18.39.040
Permitted Uses By Development Type
City Council/RSA Agenda 77 Tuesday, February 28, 2023
Development Type
Permitted Uses SRC SRSC CC OC
Business, commercial and professional services including banks and credit unions, financial, insurance, real estate, and law offices, etc.
X X X X
Dental, medical and optical offices measuring up to 5,000 sq. ft.
X X X X
Fitness uses measuring up to 5,000 sq. ft. X X X
Food service:
Full service/sit down restaurant in-line or stand-alone X X X Fast food/quick service restaurant, in-line or stand-alone X X X Retail and carry out food store, in-line only X X X
General merchandise retail over 75,000 square feet excluding superstores
X X
General merchandise retail under 75,000 square feet,
including:
Alcoholic beverage stores over 4,000 square feet X X X
Antique stores X X X
Appliance stores X X X
Beauty supply stores X X X
Book stores X X X
Breweries and wineries with on-site tasting and food service up to 5,000 sq. ft.
X X X
Bridal and tuxedo sales/rental stores X X X
Camera and photo retail stores X X X
Cannabis dispensary/retail*** X X X
Cell phone stores X X X
Clothing and clothing accessories X X X
Consumer electronic sales X X X
Copying and printing service X X X
Craft, art, and fabric supply stores, hobby shops and frame shops
X X X
Department stores X X X
Florist X X X X
Furniture sales, including patio furniture and barbeque stores X X X Gift, stationery and office supply stores X X X X
Gourmet food and beverage stores that sell artisan products measuring up to 5,000 sq. ft.
X X X
Home furnishings and housewares X X X
Jewelry stores 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
Luggage and leather stores X X X
Magazine and newspaper stands X X X X
Mattress stores X X X
Music retail stores, including the sale of musical instruments such as pianos
X X X
Party supply stores X X X
City Council/RSA Agenda 78 Tuesday, February 28, 2023
Development Type
Permitted Uses SRC SRSC CC OC
Pet supply stores X X X
Shoe stores X X X
Sporting goods and bicycle sales (no gun sales) X X X
Supermarkets X
Toy/educational stores X X X
Vitamin stores and pharmacies X X X
Any other retail sales use determined by the Economic and Community Development Director to be the same or similar to the above list
X X X
Hardware, building materials and garden supply stores with no outdoor storage
X X X
Hotels X X X X
Indoor theaters without alcoholic beverage sales X X X
Private sidewalk cafés subject to the provisions listed in Section 18.36.190
X X X
Personal care services including beauty and barber shops, nail care, day spas, waxing, hair removal, tattoo parlors, etc. excluding massage uses
X X
Personal services including dry-cleaning establishments, shoe repair, travel agency, tailor, photography studio, etc.
X
Tutoring centers X X X X
Veterinarian offices and small animal hospitals measuring up to 5,000 sq. ft. 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 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 made.
X X X
* Key to development type abbreviations:
SRC—Subregional commercial development;
SRSC—Subregional specialty commercial development;
CC—Community commercial development;
OC—Office commercial development.
** Supermarkets and food stores shall mean any store where fifty percent (50%) or more of the total floor area of the store is devoted to prepackaged food and grocery sales.
City Council/RSA Agenda 79 Tuesday, February 28, 2023
*** 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.
18.39.050 Conditionally permitted uses.
To facilitate coordinated, yet distinct development areas within Union Landing, the following uses shall be permitted within a commercial development upon granting of a use permit, when the symbol “X” is marked in the column beneath the appropriate development type on Table 18.39.050. A use that is not listed is not permitted.
A. Approval by Zoning Administrator (refer to Chapter 18.54 for a detailed description of the administrative use permit process).
Table 18.39.050(A)
Uses That Require an Administrative Use Permit by Development Type Development Type
Conditionally Permitted Uses SRC SRSC CC OC
Live music (amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(B) X X X
Outdoor dining patios subject to the provisions listed in Section
18.36.190 X X X
18.39.055 Outdoor dining.
Outdoor dining areas shall be subject to the requirements included in Section 18.36.190.
City Council/RSA Agenda 80 Tuesday, February 28, 2023
ATTACHMENT 1
EXHIBIT B
Chapter 18.08 Definitions
18.08.261 Food service
A “food service” use is an establishment which serves food or beverages for immediate consumption either on the premises, or to be taken out for consumption elsewhere. Food service includes Food-Fast food/quick service restaurant, Food-Full service/sit down restaurant, and Food-Retail and carry out, but does not include Food stores.
18.08.481 Outdoor dining patio.
An “outdoor dining patio” is an outdoor dining area located on private property that is associated with an adjacent food service use (excluding outdoor dining areas defined as private sidewalk café in section 18.08.495).
18.08.495 Private sidewalk café
A “private sidewalk café” is an outdoor dining area located within a sidewalk or plaza area on private property that is associated with an adjacent food service use.
18.08.534 Sidewalk café
A “sidewalk café” is an outdoor dining area located within the sidewalk area of a public right-ofway that is associated with an adjacent food service use.
18.08.535 Site
A “Site” means a lot, or group of contiguous lots or parcels that is proposed for development under this title, and is in a single ownership.
18.08.536 Site-built home
A “site-built home” is a single-family dwelling constructed outdoors entirely at the building site.
18.08.537 Site plan review
A “site plan review” is a ministerial process in which the Director reviews a site plan submittal and determines compliance with applicable regulations.
Chapter 18.36 Commercial Districts
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:
City Council/RSA Agenda 81 Tuesday, February 28, 2023
PERMITTED USES CPA CN CC CVR
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 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
Sidewalk cafes and private sidewalk cafes associated with food service uses subject to the provisions of Section 18.36.190 X X 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
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 Old Alvarado and Mission Boulevard neighborhoods, located above ground floor commercial uses X X City Council/RSA Agenda 82 Tuesday, February 28, 2023
PERMITTED USES CPA CN CC CVR
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
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 CPA CN CC CVR
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 provisions of Section 18.36.195(B) X X X X
Outdoor dining patios subject to the provisions of Section 18.36.190 X X X X Outdoor flower display along the street frontage of a permanently established florist in Union City 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
B. Approval by Planning Commission (refer to Chapter 18.56 for a detailed description of the use permit process).
City Council/RSA Agenda 83 Tuesday, February 28, 2023
CONDITIONAL USES CPA CN CC CVR
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
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
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 X X
City Council/RSA Agenda 84 Tuesday, February 28, 2023
CONDITIONAL USES CPA CN CC CVR
sides, pump islands located no closer than 20 feet to any property line, and alcoholic beverages not sold on site
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
18.36.190 Outdoor dining standards.
A. The following standards are applicable to all outdoor dining areas:
1. Operational Standards.
a. An outdoor dining area shall be used for dining only associated with an adjacent permitted food service use.
b. The area within fifteen (15) feet of the outdoor dining area shall be kept clean and free of litter.
c. An outdoor dining area shall not operate before 7:00 a.m. and after 10:00 p.m.
Sunday through Thursday, and before 7:00 a.m. and after 11:00 p.m. Friday through Saturday and shall not be used when the food service use is closed. d. The hours of operation of an outdoor dining area, located within 150 feet of an adjacent residential use shall not operate before 7:00 a.m. and after 9:00 p.m.
Sunday through Thursday, and before 7:00 a.m. and after 10:00 p.m. Friday through Saturday.
e. Use of an outdoor dining area shall comply with Chapter 9.40, Union City Community Noise Ordinance.
f. Smoking or vaping is not permitted within an outdoor dining area at any time.
City Council/RSA Agenda 85 Tuesday, February 28, 2023
g. An outdoor dining area shall comply with all State of California Department of Alcoholic Beverage Control license requirements, as applicable. h. Cooking and/or the preparation of food within outdoor dining areas is prohibited.
i. Portable heaters, if provided, shall be located a minimum of 5 feet away from the exterior face of the building and from any combustible materials, including architectural projections, or in accordance with manufacturer recommendations, whichever is most restrictive.
j. Umbrellas, if provided, shall not be placed under a permanent roof or overhang. k. An outdoor dining area shall provide at least one of each: trash, recycling, and compost receptacles to serve the area. Receptacles that are located inside the business may meet this requirement if tables will be bussed for customers.
2. Design Standards.
a. An outdoor dining area shall be located adjacent to a permitted food service use.
b. An outdoor dining area shall be designed and operated so that unsafe conditions are not created.
c. An outdoor dining area shall ensure accessibility by complying with the California Building Code, and/or the Americans with Disabilities Act, whichever provides greater accessibility.
d. An outdoor dining area shall comply with applicable California Building and Fire Code requirements.
e. An unobstructed path of travel with a minimum 4-foot width that leads directly from exit doors of the food service use to the main private sidewalk or public right of way shall be required.
f. Temporary tent structures are prohibited.
B. Private sidewalk cafés are subject to the following standards:
1. Design Requirements.
a. A private sidewalk café shall be located within an existing sidewalk or plaza area on private property and shall not result in the removal of more than 5 percent of existing landscaping.
i. If more than 5 percent of existing on-site landscaping is proposed to be removed to accommodate the private sidewalk café, the private sidewalk café shall be subject to the requirements of an outdoor dining patio as provided in 18.36.190(C).
b. A private sidewalk café may be delineated by a barrier consisting of railings, fences, or planter boxes that are 3 feet in height or less. Solid walls are not permitted.
City Council/RSA Agenda 86 Tuesday, February 28, 2023
i. if the private sidewalk café is completely enclosed by a barrier, an access gate shall be provided and meet all California Building and Fire Codes requirements regarding emergency egress.
c. If permanent structures are proposed, the private sidewalk café shall be subject to the requirements of an outdoor dining patio as provided in
18.36.190(C).
d. Circulation.
i. A clear path in, around or though the private sidewalk café shall be provided and be maintained at all times.
ii. The clear path shall be a paved sidewalk that is at least 5 feet wide. iv. The clear path shall be measured from the outermost point of the private sidewalk cafe to the curb, edge of sidewalk or to the nearest obstruction within the flow of pedestrian traffic, whichever is shorter.
Obstructions include but are not limited to: sign poles, lighting, trash receptacles, benches, trees, and gates that open outward beyond the perimeter of the private sidewalk café.
v. Recesses in the building facade shall not be used to satisfy the clear path requirement.
2. Permit Requirements.
a. Private sidewalk cafés are permitted subject to a site plan review approval as detailed below:
i. An application for site plan review shall be accompanied by the items identified by the outdoor dining application checklist as prescribed by the Director.
ii. The application shall be accompanied by a fee in an amount established by resolution of the City Council.
iii. All applications for site plan review shall be filed with the Director for review and approval or disapproval prior to the establishment of a private sidewalk café, or issuance of building permits.
C. Outdoor dining patios are subject to the following standards:
1. Design Requirements.
a. An outdoor dining patio shall be located adjacent to a food service use on private property.
b. An outdoor dining patio shall be delineated by a permanently installed barrier consisting of railings, fences, or a combination of railings and fences, and planter boxes that are 3 feet in height or less. Solid walls are not permitted.
City Council/RSA Agenda 87 Tuesday, February 28, 2023
i. if the outdoor dining patio is completely enclosed by a barrier, an access gate shall be provided and meet all California Building and Fire Codes requirements regarding emergency egress.
c. An outdoor dining patio may have permanent shade and/or lighting structures. i. Any permanent improvements shall comply with applicable California Building and Fire Code requirements and may be subject to issuance of a building permit and/or Administrative Site Development Review approval pursuant to Chapter 18.52.
ii. Any permanent improvements shall comply with the development standards for the appropriate zoning district for which the site is located in.
d. An outdoor dining patio located within a parking lot or directly adjacent to a drive aisle shall be designed to not obstruct driver’s sight distances, vehicular or pedestrian access, and shall not result in a configuration that would shift pedestrian traffic into driveways or drive aisle.
e. Removal of required off-street parking:
i. The removal of required off-street parking is permitted when the outdoor dining area does not exceed 500 square feet.
ii. If the outdoor dining patio exceeds 500 square feet, the Zoning Administrator may only approve the application if he or she makes a finding that the reduction does not result in a parking impact to the site.
2. Permit Requirements.
a. Outdoor dining patios are subject to issuance of an administrative use permit, as detailed in Chapter 18.54, and site plan review as detailed in Section
18.36.190(B)(2).
D. Sidewalk Cafés are subject to the following standards:
1.Design requirements:
a. A sidewalk café shall be located within a public right-of-way sidewalk area adjacent to a food service use.
b. A sidewalk café may be delineated by a barrier consisting of railings, fences, or planter boxes that are 3 feet in height or less. Solid walls are not permitted c. Permanent structures are prohibited. The components of a sidewalk cafe shall consist solely of moveable furnishings, including moveable tables, chairs, planters and umbrellas.
e. Circulation.
i. A clear path around or though the sidewalk café shall be provided and be maintained at all times.
City Council/RSA Agenda 88 Tuesday, February 28, 2023
ii. The clear path shall be a paved sidewalk that is at least 5 feet wide. iv. The clear path shall be measured from the outermost point of the private sidewalk cafe to the curb, edge of sidewalk or to the nearest obstruction within the flow of pedestrian traffic, whichever is shorter.
Obstructions include but are not limited to: sign poles, lighting, trash receptacles, benches, trees, gates that open outward beyond the perimeter of the private sidewalk cafe.
v. Recesses in the building facade shall not be used to satisfy the clear path requirement.
2. Permit Requirements
a. Sidewalk cafés are permitted subject to the issuance of an encroachment permit from the Public Works Department and a site plan review from the Planning Division as detailed in 18.36.190(B)(2).
b. Permission to use of the public right-of-way to operate a sidewalk café is at the discretion of the City, and such permission may be terminated at any time and for any reason. Permittee shall remove or relocate the sidewalk café, as directed, upon written demand of the City Manager, or his or her designee. 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 or removal of the sidewalk café at the expense of the permittee and/or property owner. Any such noncompliance shall also be a violation of this section c. The permittee shall carry liability insurance in the amount of at least one million dollars ($1,000,000), or such greater amount required by the City Manager with the City of Union City listed as an additionally insured.
18.36.195 Standards for live music at full service/sit down restaurants Chapter 18.39 Union Landing Commercial (CUL) District
18.39.040 Permitted Uses.
To facilitate coordinated, yet distinct development areas within Union Landing, a development proposal shall include only those uses consistent with its development type. The following uses shall be permitted within a commercial development in Union Landing, when the symbol “X” is marked in the column beneath the appropriate development type on Table 18.39.040. A use that is not listed is not permitted.
Table 18.39.040
Permitted Uses By Development Type
City Council/RSA Agenda 89 Tuesday, February 28, 2023
Development Type
Permitted Uses SRC SRSC CC OC
Business, commercial and professional services including banks and credit unions, financial, insurance, real estate, and law offices, etc.
X X X X
Dental, medical and optical offices measuring up to 5,000 sq. ft.
X X X X
Fitness uses measuring up to 5,000 sq. ft. X X X
Food service:
Full service/sit down restaurant in-line or stand-alone X X X Fast food/quick service restaurant, in-line or stand-alone X X X Retail and carry out food store, in-line only X X X
General merchandise retail over 75,000 square feet excluding superstores
X X
General merchandise retail under 75,000 square feet,
including:
Alcoholic beverage stores over 4,000 square feet X X X
Antique stores X X X
Appliance stores X X X
Beauty supply stores X X X
Book stores X X X
Breweries and wineries with on-site tasting and food service up to 5,000 sq. ft.
X X X
Bridal and tuxedo sales/rental stores X X X
Camera and photo retail stores X X X
Cannabis dispensary/retail*** X X X
Cell phone stores X X X
Clothing and clothing accessories X X X
Consumer electronic sales X X X
Copying and printing service X X X
Craft, art, and fabric supply stores, hobby shops and frame shops
X X X
Department stores X X X
Florist X X X X
Furniture sales, including patio furniture and barbeque stores X X X Gift, stationery and office supply stores X X X X
Gourmet food and beverage stores that sell artisan products measuring up to 5,000 sq. ft.
X X X
Home furnishings and housewares X X X
Jewelry stores 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
Luggage and leather stores X X X
Magazine and newspaper stands X X X X
Mattress stores X X X
Music retail stores, including the sale of musical instruments such as pianos
X X X
Party supply stores X X X
City Council/RSA Agenda 90 Tuesday, February 28, 2023
Development Type
Permitted Uses SRC SRSC CC OC
Pet supply stores X X X
Shoe stores X X X
Sporting goods and bicycle sales (no gun sales) X X X
Supermarkets X
Toy/educational stores X X X
Vitamin stores and pharmacies X X X
Any other retail sales use determined by the Economic and Community Development Director to be the same or similar to the above list
X X X
Hardware, building materials and garden supply stores with no outdoor storage
X X X
Hotels X X X X
Indoor theaters without alcoholic beverage sales X X X
Private sidewalk cafés subject to the provisions listed in Section 18.36.190
X X X
Personal care services including beauty and barber shops, nail care, day spas, waxing, hair removal, tattoo parlors, etc. excluding massage uses
X X
Personal services including dry-cleaning establishments, shoe repair, travel agency, tailor, photography studio, etc.
X
Tutoring centers X X X X
Veterinarian offices and small animal hospitals measuring up to 5,000 sq. ft. 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 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 made.
X X X
* Key to development type abbreviations:
SRC—Subregional commercial development;
SRSC—Subregional specialty commercial development;
CC—Community commercial development;
OC—Office commercial development.
** Supermarkets and food stores shall mean any store where fifty percent (50%) or more of the total floor area of the store is devoted to prepackaged food and grocery sales.
City Council/RSA Agenda 91 Tuesday, February 28, 2023
*** 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.
18.39.050 Conditionally permitted uses.
To facilitate coordinated, yet distinct development areas within Union Landing, the following uses shall be permitted within a commercial development upon granting of a use permit, when the symbol “X” is marked in the column beneath the appropriate development type on Table 18.39.050. A use that is not listed is not permitted.
A. Approval by Zoning Administrator (refer to Chapter 18.54 for a detailed description of the administrative use permit process).
Table 18.39.050(A)
Uses That Require an Administrative Use Permit by Development Type Development Type
Conditionally Permitted Uses SRC SRSC CC OC
Live music (amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(B) X X X
Outdoor dining patios subject to the provisions listed in Section
18.36.190 X X X
18.39.055 Outdoor dining.
Outdoor dining areas shall be subject to the requirements included in Section 18.36.190.
City Council/RSA Agenda 92 Tuesday, February 28, 2023
Agenda Item
DATE: FEBRUARY 16, 2023
TO: PLANNING COMMISSION
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY
DEVELOPMENT DIRECTOR
SUBJECT: AMENDMENTS TO TITLE 18, ZONING, OF THE UNION CITY MUNICIPAL CODE TO UPDATE CHAPTERS 18.08,
DEFINITIONS, 18.36, COMMERCIAL DISTRICTS, AND 18.39
UNION LANDING COMMERCIAL (CUL) DISTRICT, TO ADD
DEFINITIONS, UPDATE AND ADD REGULATIONS, AND
ADD/STREAMLINE REVIEW PROCESSES FOR OUTDOOR
DINING AREAS (AT-23-001)
APPLICANT: THE CITY OF UNION CITY
REQUEST: The City of Union City is proposing to amend Chapters 18.08, Definitions, 18.36, Commercial Districts and 18.39 Union Landing Commercial (CUL) District, of Title 18, Zoning, of the Union City Municipal Code, to add definitions, update and add regulations, and add/streamline review processes for outdoor dining areas.
LOCATION: Citywide
ENVIRONMENTAL ASSESSMENT:
The amendments are exempt from environmental review in accordance with the California Environmental Quality (CEQA) 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, it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment.
SUMMARY:
City Council/RSA Agenda 93 Tuesday, February 28, 2023
Planning Commission Staff Report, February 16, 2023
AT-23-001 Zoning Text Amendment, Page 2
The City of Union City is proposing to amend Chapters 18.08, Definitions, 18.36, Commercial Districts, and 18.39, Union Landing (CUL) Commercial of Title 18, Zoning, of the Union City Municipal Code, to address regulations for outdoor dining areas. The amendments propose updating/adding standards related to outdoor dining areas and adding/streamlining review processes for outdoor dining areas. See Exhibit A (clean version) and B (red-lined version) for the proposed amendment wording.
I. BACKGROUND
In response to the impacts that the COVID-19 pandemic had on the local economy and in particular food service uses, the City Council adopted an urgency ordinance (Ordinance #878-20) allowing the Zoning Administrator to issue temporary use permits waiving certain Zoning Code requirements.
The Zoning Code contains regulations regarding outdoor dining. Depending on the circumstances, outdoor dining activities may require a conditional use permit or administrative use permit or may be prohibited altogether. The issuance of a use permit or administrative use permit often requires compliance with certain procedures, which can be time consuming and delay the issuance of a permit. Complying with these procedures were seen as a significant burden to businesses facing significant economic impacts from COVID-19, which prompted the adoption of the urgency ordinance. To further support economic activity, the City did not charge application fees for temporary use permits and encroachment permits issued pursuant to the urgency ordinance.
Once the urgency ordinance was adopted, the Zoning Administrator tasked Planning Division staff to develop a program to allow temporary outdoor operations. This program went live on September 01, 2020. Within the first two months the program saw 11 restaurants apply and be approved for temporary outdoor dining facilities. The program was placed on hold in December 2020 when Alameda County issued a secondary lockdown and paused all non-essential operations, which included outdoor dining.
During this time, staff reviewed the program and made revisions to the requirements in order to address issues which had arisen. Additionally, the County and State issued further guidelines for outdoor operations once they were allowed to resume. When the secondary lockdown was lifted at the end of January 2021, the program was reinstated, all restaurants needed to reapply to ensure compliance with these updated requirements and guidelines. Once the application process was reopened, the program saw an City Council/RSA Agenda 94 Tuesday, February 28, 2023
Planning Commission Staff Report, February 16, 2023
AT-23-001 Zoning Text Amendment, Page 3
additional 19 restaurants/property owners be approved for temporary outdoor dining facilities.
While the temporary outdoor operations program was meant to be a temporary solution to the COVID-19 restrictions , there has been a push to help facilitate permanent outdoor dining facilities.
To further incentivize the development of permanent outdoor dining and aid businesses with the recovery from the pandemic, staff is proposing to utilize Community Development Block Grant (CDBG) Entitlement and Coronavirus Aid, Relief, and Economic Security (CARES) Act Funding to provide construction cost reimbursements to businesses that receive outdoor dining permits under these new requirements.
II. DISCUSSION
The proposed updates to Chapters 18.08, 18.36 and 18.39 add/streamline review processes and add/update standards for outdoor dining facilities. A high-level summary of these updates are included below. For a more detailed review, see attached Exhibit A (clean) and Exhibit B (redlined version).
A. Chapter 18.08 Definitions
The proposed text amendments revise Chapter 18.08 to add definitions related to outdoor dining facilities. These definitions are needed to clarify types of outdoor dining establishments and define site plan review.
The three types of outdoor dining spaces are:
Outdoor dining patio - an outdoor dining area located on private property that is associated with an adjacent food service use.
Sidewalk café - an outdoor dining area located within the sidewalk area of a public rightof-way that is associated with an adjacent food service use.
Private sidewalk café - an outdoor dining area located within a sidewalk or plaza area on private property that is associated with an adjacent food service use.
B. Chapter 18.36 Commercial Districts
The proposed text amendments would revise the following sections:
Section 18.36.020 Permitted Uses
To allow for sidewalk cafes and private sidewalk cafes associated with food service uses subject to the provisions of Section 18.36.190 within all commercial zoning districts.
City Council/RSA Agenda 95 Tuesday, February 28, 2023
Planning Commission Staff Report, February 16, 2023
AT-23-001 Zoning Text Amendment, Page 4
Section 18.36.030 Conditional Uses
To conditionally allow for outdoor dining patios at food service uses subject to the provisions of Section 18.36.190 within all commercial zoning districts subject to the issuance of an Administrative Use Permit.
Section 18.36.180 Sidewalk Café Standards.
To renumber this section to 18.36.190 ensuring cross references in other chapters are correct, retitle the section to “Outdoor dining standards” and to establish requirements and processes for three types of outdoor dining spaces.
Section 18.36.190 Standards for live music at full service/sit down restaurants To renumber this section to 18.36.195 ensuring cross references in other chapters are correct.
C. Chapter 18.39 Union Landing Commercial (CUL) District The proposed text amendments would revise the following sections:
Section 18.39.040 Permitted Uses.
To allow for private sidewalk cafes at food service uses subject to the provisions of Section
18.36.190 within the following Union Landing Commercial (CUL) subdistricts Subregional Commercial Development (SRC), Subregional Specialty Commercial Development (SRSC), and Community Commercial Development (CC).
Section 18.39.050 Conditionally permitted uses.
To conditionally allow for outdoor dining patios at food service uses subject to the provisions of Section 18.36.190 within the following Union Landing Commercial (CUL) subdistricts Subregional Commercial Development (SRC), Subregional Specialty Commercial Development (SRSC), and Community Commercial Development (CC).
Section 18.39.055 Outdoor dining.
To cross reference to Section 18.36.190 for outdoor dining provisions.
D. Public Outreach
A newspaper notice for the zoning text amendments was published in the Tri-City Voice as required by State Law. To date, staff has not received any public comments.
III. REQUIRED FINDINGS
City Council/RSA Agenda 96 Tuesday, February 28, 2023
Planning Commission Staff Report, February 16, 2023
AT-23-001 Zoning Text Amendment, Page 5
Section 18.64.060 requires that, when considering zoning text amendments, the Planning Commission shall provide a recommendation to the City Council on the following:
1. Recommending that the application be granted or denied or that the proposal be adopted or rejected, including the reasons for the recommendation;
2. The relationship of the application or proposal to the general plan and any applicable specific plans; and
3. Whether the change is necessary or desirable to achieve the purposes of Title 18.
IV. ALTERNATIVES
1. Recommend approval of the proposed Zoning Text Amendments to the City Council as proposed;
2. Recommend approval of the proposed Zoning Text Amendments to the City Council with stated modifications;
3. Recommend denial of the proposed Zoning Text Amendments to the City Council, stating reasons for denial;
4. Continue the matter for further consideration.
V. RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of Zoning Text Amendment (AT-23-001) to the City Council based on the following specific findings:
1. That the Zoning Text Amendments are exempt from environmental review in accordance with the California Environmental Quality (CEQA) 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, it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment; and
2. That the proposed Zoning Text Amendments are consistent with the following General Plan policies. There are no applicable specific plans. • Policies ED-6.2 and LU-6.7 Experience-oriented shopping, seeks to encourage shopping centers to add more “experience-oriented” uses and activities. The proposed amendments would support the efforts of food service establishments to create new outdoor dining experiences, consistent with City Council/RSA Agenda 97 Tuesday, February 28, 2023
Planning Commission Staff Report, February 16, 2023
AT-23-001 Zoning Text Amendment, Page 6
General Plan Goal ED-6 “to encourage Union City’s shopping centers to redevelop, intensify, and adapt to changing retail trends as necessary to create retail destinations, better serve community needs, and remain competitive within the region”, and GoalLU-6 “to encourage Union City’s shopping districts to redevelop, intensify, and adapt to changing retail trends”.
• Policy ED-7.3 Remove Regulatory Barriers, seeks to have the City to remove any unnecessary regulatory barriers that discourage private-sector investment. The proposed amendments help to remove barriers for food serving uses to establish outdoor dining spaces and encourages further investment, consistent with Goal ED-7 “to create a supportive environment in which local businesses can prosper”.
3. That the proposed Zoning Text Amendments are necessary and desirable to achieve the purposes of Title 18, which seek to protect the character and maintain the stability of business and industrial areas and conserve the taxable value of land and buildings throughout the City.
It is further recommended that the Planning Commission adopt a Resolution confirming this action.
Prepared by
Brandon H DeLucas, Associate Planner
Attachments
Exhibit A: Draft Amendments (Clean)
Exhibit B: Draft Amendments (Red-Lined)
City Council/RSA Agenda 98 Tuesday, February 28, 2023
______________________________________________________________________ STAFF REPORT Amendments to UCMC Title 18, Zoning AT-23-001 Chapters 18.08, 18.36 and 18.39 February 16, 2023
City Council/RSA Agenda 99 Tuesday, February 28, 2023
Desk Item
DATE: FEBRUARY 16, 2023
TO: PLANNING COMMISSION
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY
DEVELOPMENT DIRECTOR
SUBJECT: AMENDMENTS TO TITLE 18, ZONING, OF THE UNION CITY MUNICIPAL CODE TO UPDATE CHAPTERS 18.08, DEFINITIONS,
18.36, COMMERCIAL DISTRICTS, AND 18.39 UNION LANDING
COMMERCIAL (CUL) DISTRICT, TO ADD DEFINITIONS, UPDATE
AND ADD REGULATIONS, AND ADD/STREAMLINE REVIEW
PROCESSES FOR OUTDOOR DINING AREAS (AT-23-001)
This Desk Item summarizes feedback received from Commissioner Lew and Alex Mog, Deputy City Attorney. Mr. Mog provided feedback resulting in some minor updates to Section 18.36.190(D)(2). The updates clarify that the use of the public right-of-way is at the discretion of the City, and it can be revoked at any time, with or without any reason; and clarifies the insurance requirements. The updates are reflected in the attached Exhibit A and B.
See below for the questions received from Commissioner Lew and staff’s responses (in red italics).
Commissioner Lew Comments
1. Staff report, Exhibit B, Chapter 18.08 Definitions: Section “18.08.537 Sidewalk Café” is inserted incorrectly in the list of definitions. The list of definitions is published in alphabetical order so “Sidewalk Café” should be numbered 18.08.534 and inserted after “18.08.533 Sexually oriented.” The next two definitions, “18.08.534 Site” and “18.08.535 Site-built home” should be renumbered 18.08.535 and 18.08.536 respectively.
Noted, please see updated Exhibit A and B (attached).
2. Staff report, Exhibit B, Chapter 18.08 Definitions: consistent with #1 above, “18.08.536 Site plan review” should be numbered 18.08.537 and inserted after “18.08.536 Site-built home.”
City Council/RSA Agenda 100 Tuesday, February 28, 2023
Planning Commission Desk Item, February 16, 2023
AT-23-001 Zoning Text Amendment, Page 2
Noted, please see updated Exhibit A and B (attached).
3. Staff report, Exhibit B, page 8: regarding removal of required off-street parking, please clarify the City’s decision to use “500 square feet” as the determining factor in whether the removal is automatically permitted or not. Also, how many parking spaces is 500 square feet?
500 Square feet is approximately 3 parking spaces. This limit was chosen to allow a reasonably sized outdoor patio while also limiting the overall impact to the parking counts. Additionally, this number was chosen to be in line with similar requirements from other jurisdictions.
4. Staff report, Exhibit B, page 8: regarding the removal of required off-street parking exceeding 500 square feet, it states “the Zoning Administrator shall make a finding that the reduction does not result in a parking impact to the site.” Does the “shall” in this statement signify the Zoning Administrator “intends” to approve the finding or has a legal obligation to do so? Please clarify.
Section 18.36.190(C)(1)(e)(ii) is revised to read “If the outdoor dining patio exceeds 500 square feet, the Zoning Administrator may only approve the application if they make a finding that the reduction does not result in a parking impact to the site”
5. Staff report, Exhibit B, page 8: according to Zoning Code 18.60.020, a variance permit can be requested for off-street parking facilities and such a variance can be approved by the Planning Commission after making the required findings that are shown in 18.60.060 A and B. It appears the Zoning Administrator would be exceeding his/her authority by making “a finding that the reduction does not result in a parking impact to the site.” Please explain this discrepancy between the proposed zoning text amendment and the current municipal code that provides for a variance for deviations from required off-site parking.
The proposed amendment is giving the Zoning Administrator the authority to allow for the reduction of parking which would not trigger a Variance process. Staff confirmed this approach with the Deputy City Attorney.
City Council/RSA Agenda 101 Tuesday, February 28, 2023
EXHIBIT A
Chapter 18.08 Definitions
18.08.261 Food service
A “food service” use is an establishment which serves food or beverages for immediate consumption either on the premises, or to be taken out for consumption elsewhere. Food service includes Food-Fast food/quick service restaurant, Food-Full service/sit down restaurant, and Food-Retail and carry out, but does not include Food stores.
18.08.481 Outdoor dining patio.
An outdoor dining patio is an outdoor dining area located on private property that is associated with an adjacent food service use (excluding outdoor dining areas defined as private sidewalk café in section 18.08.495).
18.08.534 Sidewalk café
A “sidewalk café” is an outdoor dining area located within the sidewalk area of a public right-ofway that is associated with an adjacent food service use.
18.08.535 Site
18.08.536 Site-built home
18.08.495 Private sidewalk café
A “Private sidewalk café” is an outdoor dining area located within a sidewalk or plaza area on private property that is associated with an adjacent food service use.
18.08.537 Site plan review
A Site Plan review is a ministerial process in which the Director reviews a site plan submittal and determines compliance with applicable regulations.
Chapter 18.36 Commercial Districts
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 CPA CN CC CVR
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 102 Tuesday, February 28, 2023
PERMITTED USES CPA CN CC CVR
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
Sidewalk cafes and private sidewalk cafes associated with food service uses subject to the provisions of Section 18.36.190 X X 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
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 Old Alvarado and Mission Boulevard neighborhoods, 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
18.36.030 Conditional Uses
City Council/RSA Agenda 103 Tuesday, February 28, 2023
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 CPA CN CC CVR
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 provisions of Section 18.36.195(B) X X X X
Outdoor dining patios subject to the provisions of Section 18.36.190 X X X X Outdoor flower display along the street frontage of a permanently established florist in Union City 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
B. Approval by Planning Commission (refer to Chapter 18.56 for a detailed description of the use permit process).
CONDITIONAL USES CPA CN CC CVR
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
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
City Council/RSA Agenda 104 Tuesday, February 28, 2023
CONDITIONAL USES CPA CN CC CVR
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
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
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 City Council/RSA Agenda 105 Tuesday, February 28, 2023
CONDITIONAL USES CPA CN CC CVR
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
18.36.190 Outdoor dining standards.
A. The following standards are applicable to all outdoor dining areas:
1. Operational Standards.
a. An outdoor dining area shall be used for dining only associated with an adjacent permitted food service use.
b. The area within fifteen (15) feet of the outdoor dining area shall be kept clean and free of litter.
c. An outdoor dining area shall not operate before 7:00 a.m. and after 10:00 p.m.
Sunday through Thursday, and before 7:00 a.m. and after 11:00 p.m. Friday through Saturday and shall not be used when the food service use is closed. d. The hours of operation of an outdoor dining area, located within 150 feet of an adjacent residential use shall not operate before 7:00 a.m. and after 9:00 p.m.
Sunday through Thursday, and before 7:00 a.m. and after 10:00 p.m. Friday through Saturday.
e. Use of an outdoor dining area shall comply with Chapter 9.40, Union City Community Noise Ordinance.
f. Smoking or vaping is not permitted within an outdoor dining area at any time. g. An outdoor dining area shall comply with all State of California Department of Alcoholic Beverage Control license requirements, as applicable. h. Cooking and/or the preparation of food within outdoor dining areas is prohibited.
i. Portable heaters, if provided, shall be located a minimum of 5 feet away from the exterior face of the building and from any combustible materials, including architectural projections, or in accordance with manufacturer recommendations, whichever is most restrictive.
j. Umbrellas, if provided, shall not be placed under a permanent roof or overhang.
City Council/RSA Agenda 106 Tuesday, February 28, 2023
k. An outdoor dining area shall provide at least one of each: trash, recycling, and compost receptacles to serve the area. Receptacles that are located inside the business may meet this requirement if tables will be bussed for customers.
2. Design Standards.
a. An outdoor dining area shall be located adjacent to a permitted food service use.
b. An outdoor dining area shall be designed and operated so that unsafe conditions are not created.
c. An outdoor dining area shall ensure accessibility by complying with the California Building Code, and/or the Americans with Disabilities Act, whichever provides greater accessibility.
d. An outdoor dining area shall comply with applicable California Building and Fire Code requirements.
e. An unobstructed path of travel with a minimum 4-foot width that leads directly from exit doors of the food service use to the main private sidewalk or public right of way shall be required.
f. Temporary tent structures are prohibited.
B. Private sidewalk cafés are subject to the following standards:
1. Design Requirements.
a. A private sidewalk café shall be located within an existing sidewalk or plaza area on private property and shall not result in the removal of more than 5 percent of existing landscaping.
i. If more than 5 percent of existing on-site landscaping is proposed to be removed to accommodate the private sidewalk café, the private sidewalk café shall be subject to the requirements of an outdoor dining patio as provided in 18.36.190(C).
b. A private sidewalk café may be delineated by a barrier consisting of railings, fences, or planter boxes that are 3 feet in height or less. Solid walls are not permitted.
i. if the private sidewalk café is completely enclosed by a barrier, an access gate shall be provided and meet all California Building and Fire Codes requirements regarding emergency egress.
c. If permanent structures are proposed, the private sidewalk café shall be subject to the requirements of an outdoor dining patio as provided in
18.36.190(C).
d. Circulation.
i. A clear path in, around or though the private sidewalk café shall be provided and be maintained at all times.
City Council/RSA Agenda 107 Tuesday, February 28, 2023
ii. The clear path shall be a paved sidewalk that is at least 5 feet wide. iv. The clear path shall be measured from the outermost point of the private sidewalk cafe to the curb, edge of sidewalk or to the nearest obstruction within the flow of pedestrian traffic, whichever is shorter.
Obstructions include but are not limited to: sign poles, lighting, trash receptacles, benches, trees, and gates that open outward beyond the perimeter of the private sidewalk café.
v. Recesses in the building facade shall not be used to satisfy the clear path requirement.
2. Permit Requirements.
a. Private sidewalk cafés are permitted subject to a site plan review approval as detailed below:
i. An application for site plan review shall be accompanied by the items identified by the outdoor dining application checklist as prescribed by the Director.
ii. The application shall be accompanied by a fee in an amount established by resolution of the City Council.
iii. All applications for site plan review shall be filed with the Director for review and approval or disapproval prior to the establishment of a private sidewalk café, or issuance of building permits.
C. Outdoor dining patios are subject to the following standards:
1. Design Requirements.
a. An outdoor dining patio shall be located adjacent to a food service use on private property.
b. An outdoor dining patio shall be delineated by a permanently installed barrier consisting of railings, fences, or a combination of railings and fences, and planter boxes that are 3 feet in height or less. Solid walls are not permitted. i. if the outdoor dining patio is completely enclosed by a barrier, an access gate shall be provided and meet all California Building and Fire Codes requirements regarding emergency egress.
c. An outdoor dining patio may have permanent shade and/or lighting structures. i. Any permanent improvements shall comply with applicable California Building and Fire Code requirements and may be subject to issuance of a building permit and/or Administrative Site Development Review approval pursuant to Chapter 18.52.
ii. Any permanent improvements shall comply with the development standards for the appropriate zoning district for which the site is located in.
City Council/RSA Agenda 108 Tuesday, February 28, 2023
d. An outdoor dining patio located within a parking lot or directly adjacent to a drive aisle shall be designed to not obstruct driver’s sight distances, vehicular or pedestrian access, and shall not result in a configuration that would shift pedestrian traffic into driveways or drive aisle.
e. Removal of required off-street parking:
i. The removal of required off-street parking is permitted when the outdoor dining area does not exceed 500 square feet.
ii. If the outdoor dining patio exceeds 500 square feet, the Zoning Administrator may only approve the application if he or she makes a finding that the reduction does not result in a parking impact to the site.
2. Permit Requirements.
a. Outdoor dining patios are subject to issuance of an administrative use permit, as detailed in Chapter 18.54, and site plan review as detailed in Section
18.36.190(B)(2).
D. Sidewalk Cafés are subject to the following standards:
1.Design requirements:
a. A sidewalk café shall be located within a public right-of-way sidewalk area adjacent to a food service use.
b. A sidewalk café may be delineated by a barrier consisting of railings, fences, or planter boxes that are 3 feet in height or less. Solid walls are not permitted c. Permanent structures are prohibited. The components of a sidewalk cafe shall consist solely of moveable furnishings, including moveable tables, chairs, planters and umbrellas.
e. Circulation.
i. A clear path around or though the sidewalk café shall be provided and be maintained at all times.
ii. The clear path shall be a paved sidewalk that is at least 5 feet wide. iv. The clear path shall be measured from the outermost point of the private sidewalk cafe to the curb, edge of sidewalk or to the nearest obstruction within the flow of pedestrian traffic, whichever is shorter.
Obstructions include but are not limited to: sign poles, lighting, trash receptacles, benches, trees, gates that open outward beyond the perimeter of the private sidewalk cafe.
v. Recesses in the building facade shall not be used to satisfy the clear path requirement.
2. Permit Requirements
City Council/RSA Agenda 109 Tuesday, February 28, 2023
a. Sidewalk cafés are permitted subject to the issuance of an encroachment permit from the Public Works Department and a site plan review from the Planning Division as detailed in 18.36.190(B)(2).
b. Permission to use of the public right-of-way to operate a sidewalk café is at the discretion of the City, and such permission may be terminated at any time and for any reason. Permittee shall remove or relocate the sidewalk café, as directed, upon written demand of the City Manager, or his or her designee. 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 or removal of the sidewalk café at the expense of the permittee and/or property owner. Any such noncompliance shall also be a violation of this section c. The permittee shall carry liability insurance in the amount of at least one million dollars ($1,000,000), or such greater amount required by the City Manager with the City of Union City listed as an additionally insured.
18.36.195 Standards for live music at full service/sit down restaurants Chapter 18.39 Union Landing Commercial (CUL) District
18.39.040 Permitted Uses.
To facilitate coordinated, yet distinct development areas within Union Landing, a development proposal shall include only those uses consistent with its development type. The following uses shall be permitted within a commercial development in Union Landing, when the symbol “X” is marked in the column beneath the appropriate development type on Table 18.39.040. A use that is not listed is not permitted.
Table 18.39.040
Permitted Uses By Development Type
Development Type
Permitted Uses SRC SRSC CC OC
Business, commercial and professional services including banks and credit unions, financial, insurance, real estate, and law offices, etc.
X X X X
Dental, medical and optical offices measuring up to 5,000 sq. ft.
X X X X
Fitness uses measuring up to 5,000 sq. ft. X X X
Food service:
Full service/sit down restaurant in-line or stand-alone X X X Fast food/quick service restaurant, in-line or stand-alone X X X Retail and carry out food store, in-line only X X X
General merchandise retail over 75,000 square feet excluding superstores
X X
General merchandise retail under 75,000 square feet,
including:
Alcoholic beverage stores over 4,000 square feet X X X
City Council/RSA Agenda 110 Tuesday, February 28, 2023
Development Type
Permitted Uses SRC SRSC CC OC
Antique stores X X X
Appliance stores X X X
Beauty supply stores X X X
Book stores X X X
Breweries and wineries with on-site tasting and food service up to 5,000 sq. ft.
X X X
Bridal and tuxedo sales/rental stores X X X
Camera and photo retail stores X X X
Cannabis dispensary/retail*** X X X
Cell phone stores X X X
Clothing and clothing accessories X X X
Consumer electronic sales X X X
Copying and printing service X X X
Craft, art, and fabric supply stores, hobby shops and frame shops
X X X
Department stores X X X
Florist X X X X
Furniture sales, including patio furniture and barbeque stores X X X Gift, stationery and office supply stores X X X X
Gourmet food and beverage stores that sell artisan products measuring up to 5,000 sq. ft.
X X X
Home furnishings and housewares X X X
Jewelry stores 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
Luggage and leather stores X X X
Magazine and newspaper stands X X X X
Mattress stores X X X
Music retail stores, including the sale of musical instruments such as pianos
X X X
Party supply stores X X X
Pet supply stores X X X
Shoe stores X X X
Sporting goods and bicycle sales (no gun sales) X X X
Supermarkets X
Toy/educational stores X X X
Vitamin stores and pharmacies X X X
Any other retail sales use determined by the Economic and Community Development Director to be the same or similar to the above list
X X X
Hardware, building materials and garden supply stores with no outdoor storage
X X X
Hotels X X X X
Indoor theaters without alcoholic beverage sales X X X
Private sidewalk cafés subject to the provisions listed in Section 18.36.190
X X X
City Council/RSA Agenda 111 Tuesday, February 28, 2023
Development Type
Permitted Uses SRC SRSC CC OC
Personal care services including beauty and barber shops, nail care, day spas, waxing, hair removal, tattoo parlors, etc. excluding massage uses
X X
Personal services including dry-cleaning establishments, shoe repair, travel agency, tailor, photography studio, etc.
X
Tutoring centers X X X X
Veterinarian offices and small animal hospitals measuring up to 5,000 sq. ft. 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 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 made.
X X X
* Key to development type abbreviations:
SRC—Subregional commercial development;
SRSC—Subregional specialty commercial development;
CC—Community commercial development;
OC—Office commercial development.
** Supermarkets and food stores shall mean any store where fifty percent (50%) or more of the total floor area of the store is devoted to prepackaged food and grocery sales. *** 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.
18.39.050 Conditionally permitted uses.
To facilitate coordinated, yet distinct development areas within Union Landing, the following uses shall be permitted within a commercial development upon granting of a use permit, when the symbol “X” is marked in the column beneath the appropriate development type on Table 18.39.050. A use that is not listed is not permitted.
A. Approval by Zoning Administrator (refer to Chapter 18.54 for a detailed description of the administrative use permit process).
Table 18.39.050(A)
Uses That Require an Administrative Use Permit by Development Type City Council/RSA Agenda 112 Tuesday, February 28, 2023
Development Type
Conditionally Permitted Uses SRC SRSC CC OC
Live music (amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(B) X X X
Outdoor dining patios subject to the provisions listed in Section
18.36.190 X X X
18.39.055 Outdoor dining.
Outdoor dining areas shall be subject to the requirements included in Section 18.36.190.
City Council/RSA Agenda 113 Tuesday, February 28, 2023
EXHIBIT B
Chapter 18.08 Definitions
18.08.261 Food service
A “food service” use is an establishment which serves food or beverages for immediate consumption either on the premises, or to be taken out for consumption elsewhere. Food service includes Food-Fast food/quick service restaurant, Food-Full service/sit down restaurant, and Food-Retail and carry out, but does not include Food stores.
18.08.481 Outdoor dining patio.
An outdoor dining patio is an outdoor dining area located on private property that is associated with an adjacent food service use (excluding outdoor dining areas defined as private sidewalk café in section 18.08.495).
18.08.534 Sidewalk café
A “sidewalk café” is an outdoor dining area located within the sidewalk area of a public right-ofway that is associated with an adjacent food service use.
18.08.5354 Site
18.08.5365 Site-built home
18.08.495 Private sidewalk café
A “Private sidewalk café” is an outdoor dining area located within a sidewalk or plaza area on private property that is associated with an adjacent food service use.
18.08.537 Site plan review
A Site Plan review is a ministerial process in which the Director reviews a site plan submittal and determines compliance with applicable regulations.
Chapter 18.36 Commercial Districts
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 CPA CN CC CVR
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 114 Tuesday, February 28, 2023
PERMITTED USES CPA CN CC CVR
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
Sidewalk cafes and private sidewalk cafes associated with food service uses subject to the provisions of Section 18.36.190 X X 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
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 Old Alvarado and Mission Boulevard neighborhoods, 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
18.36.030 Conditional Uses
City Council/RSA Agenda 115 Tuesday, February 28, 2023
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 CPA CN CC CVR
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 provisions of Section 18.36.195(B) X X X X Outdoor dining/seating areas Outdoor dining patios subject to the provisions of Section 18.36.190
X X X X
Outdoor flower display along the street frontage of a permanently established florist in Union City 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
B. Approval by Planning Commission (refer to Chapter 18.56 for a detailed description of the use permit process).
CONDITIONAL USES CPA CN CC CVR
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
Bars, comedy clubs, nightclubs, and lounges X X X
Body art X X
Check cashing X
City Council/RSA Agenda 116 Tuesday, February 28, 2023
CONDITIONAL USES CPA CN CC CVR
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
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
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 117 Tuesday, February 28, 2023
CONDITIONAL USES CPA CN CC CVR
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
18.36.180 190 Sidewalk CaféOutdoor dining standards.
A. The following standards are applicable to all outdoor dining areas:
1. Operational Standards.
a. An outdoor dining area shall be used for dining only associated with an adjacent permitted food service use.
b. The area within fifteen (15) feet of the outdoor dining area shall be kept clean and free of litter.
c. An outdoor dining area shall not operate before 7:00 a.m. and after 10:00 p.m.
Sunday through Thursday, and before 7:00 a.m. and after 11:00 p.m. Friday through Saturday and shall not be used when the food service use is closed. d. The hours of operation of an outdoor dining area, located within 150 feet of an adjacent residential use shall not operate before 7:00 a.m. and after 9:00 p.m.
Sunday through Thursday, and before 7:00 a.m. and after 10:00 p.m. Friday through Saturday.
e. Use of an outdoor dining area shall comply with Chapter 9.40, Union City Community Noise Ordinance.
f. Smoking or vaping is not permitted within an outdoor dining area at any time. g. An outdoor dining area shall comply with all State of California Department of Alcoholic Beverage Control license requirements, as applicable. h. Cooking and/or the preparation of food within outdoor dining areas is prohibited.
i. Portable heaters, if provided, shall be located a minimum of 5 feet away from the exterior face of the building and from any combustible materials, including architectural projections, or in accordance with manufacturer recommendations, whichever is most restrictive.
j. Umbrellas, if provided, shall not be placed under a permanent roof or overhang.
City Council/RSA Agenda 118 Tuesday, February 28, 2023
k. An outdoor dining area shall provide at least one of each: trash, recycling, and compost receptacles to serve the area. Receptacles that are located inside the business may meet this requirement if tables will be bussed for customers.
2. Design Standards:.
a. An outdoor dining area shall be located adjacent to a permitted food service use.
b. An outdoor dining area shall be designed and operated so that unsafe conditions are not created.
c. An outdoor dining area shall ensure accessibility by complying with the California Building Code, and/or the Americans with Disabilities Act, whichever provides greater accessibility.
d. An outdoor dining area shall comply with applicable California Building and Fire Code requirements.
e. An unobstructed path of travel with a minimum 4-foot width that leads directly from exit doors of the food service use to the main private sidewalk or public right of way shall be required.
f. Temporary tent structures are prohibited.
B. Private sidewalk cafés are subject to the following standards:
1. Design Requirements.
a. A private sidewalk café shall be located within an existing sidewalk or plaza area on private property and shall not result in the removal of more than 5 percent of existing landscaping.
i. If more than 5 percent of existing on-site landscaping is proposed to be removed to accommodate the private sidewalk café, the private sidewalk café shall be subject to the requirements of an outdoor dining patio as provided in 18.36.190(C).
b. A private sidewalk café may be delineated by a barrier consisting of railings, fences, or planter boxes that are 3 feet in height or less. Solid walls are not permitted.
i. if the private sidewalk café is completely enclosed by a barrier, an access gate shall be provided and meet all California Building and Fire Codes requirements regarding emergency egress.
c. If permanent structures are proposed, the private sidewalk café shall be subject to the requirements of an outdoor dining patio as provided in
18.36.190(C).
d. Circulation.
i. A clear path in, around or though the private sidewalk café shall be provided and be maintained at all times.
City Council/RSA Agenda 119 Tuesday, February 28, 2023
ii. The clear path shall be a paved sidewalk that is at least 5 feet wide. iv. The clear path shall be measured from the outermost point of the private sidewalk cafe to the curb, edge of sidewalk or to the nearest obstruction within the flow of pedestrian traffic, whichever is shorter.
Obstructions include but are not limited to: sign poless, lighting, trash receptacles, benches, trees, and gates that open outward beyond the perimeter of the private sidewalk café.
v. Recesses in the building facade shall not be used to satisfy the clear path requirement.
2. Permit Requirements.
a. Private sidewalk cafés are permitted subject to a site plan review approval as detailed below:
i. An application for site plan review shall be accompanied by the items identified by the outdoor dining application checklist as prescribed by the Director.
ii. The application shall be accompanied by a fee in an amount established by resolution of the City Council.
iii. All applications for site plan review shall be filed with the Director for review and approval or disapproval prior to the establishment of a private sidewalk café, or issuance of building permits.
C. Outdoor dining patios are subject to the following standards:
1. Design Requirements.
a. An outdoor dining patio shall be located adjacent to a food service use on private property.
b. An outdoor dining patio shall be delineated by a permanently installed barrier consisting of railings, fences, or a combination of railings and fences, and planter boxes that are 3 feet in height or less. Solid walls are not permitted. i. if the outdoor dining patio is completely enclosed by a barrier, an access gate shall be provided and meet all California Building and Fire Codes requirements regarding emergency egress.
c. An outdoor dining patio may have permanent shade and/or lighting structures. i. Any permanent improvements shall comply with applicable California Building and Fire Code requirements and may be subject to issuance of a building permit and/or Administrative Site Development Review approval pursuant to Chapter 18.52.
ii. Any permanent improvements shall comply with the development standards for the appropriate zoning district for which the site is located in.
City Council/RSA Agenda 120 Tuesday, February 28, 2023
d. An outdoor dining patio located within a parking lot or directly adjacent to a drive aisle shall be designed to not obstruct driver’s sight distances, vehicular or pedestrian access, and shall not result in a configuration that would shift pedestrian traffic into driveways or drive aisle.
e. Removal of required off-street parking:
i. The removal of required off-street parking is permitted when the outdoor dining area does not exceed 500 square feet.
ii. If the outdoor dining patio exceeds 500 square feet, the Zoning Administrator may only approve the application if he or she makes a finding that the reduction does not result in a parking impact to the site.
2. Permit Requirements.
a. Outdoor dining patios are subject to issuance of an administrative use permit, as detailed in Chapter 18.54, and site plan review as detailed in Section
18.36.190(B)(2).
D. Sidewalk Cafés are subject to the following standards:
1.Design requirements:
a. A sidewalk café shall be located within a public right-of-way sidewalk area adjacent to a food service use.
b. A sidewalk café may be delineated by a barrier consisting of railings, fences, or planter boxes that are 3 feet in height or less. Solid walls are not permitted c. Permanent structures are prohibited. The components of a sidewalk cafe shall consist solely of moveable furnishings, including moveable tables, chairs, planters and umbrellas.
e. Circulation.
i. A clear path around or though the sidewalk café shall be provided and be maintained at all times.
ii. The clear path shall be a paved sidewalk that is at least 5 feet wide. iv. The clear path shall be measured from the outermost point of the private sidewalk cafe to the curb, edge of sidewalk or to the nearest obstruction within the flow of pedestrian traffic, whichever is shorter.
Obstructions include but are not limited to: sign poless, lighting, trash receptacles, benches, trees, gates that open outward beyond the perimeter of the private sidewalk cafe.
v. Recesses in the building facade shall not be used to satisfy the clear path requirement.
2. Permit Requirements
City Council/RSA Agenda 121 Tuesday, February 28, 2023
a. Sidewalk cafés are permitted subject to the issuance of an encroachment permit from the Public Works Department and a site plan review from the Planning Division as detailed in 18.36.190(B)(2).
b. Permission to use of the public right-of-way to operate a sidewalk café is at the discretion of the City, and such permission may be terminated at any time and for any reason. Permittee shall remove or relocate the sidewalk café, as directed, upon written demand of the City Manager, or his or her designee. 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 or removal of the sidewalk café at the expense of the permittee and/or property owner. Any such noncompliance shall also be a violation of this section c. The permittee shall carry liability insurance in the amount of at least one million dollars ($1,000,000), or such greater amount required by the City Manager with the City of Union City listed as an additionally insured.
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.
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 rightCity Council/RSA Agenda 122 Tuesday, February 28, 2023 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.
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.
18.36.1950 Standards for live music at full service/sit down restaurants Chapter 18.39 Union Landing Commercial (CUL) District
18.39.040 Permitted Uses.
To facilitate coordinated, yet distinct development areas within Union Landing, a development proposal shall include only those uses consistent with its development type. The following uses shall be permitted within a commercial development in Union Landing, when the symbol “X” is marked in the column beneath the appropriate development type on Table 18.39.040. A use that is not listed is not permitted.
Table 18.39.040
Permitted Uses By Development Type
Development Type
Permitted Uses SRC SRSC CC OC
Business, commercial and professional services including banks and credit unions, financial, insurance, real estate, and law offices, etc.
X X X X
Dental, medical and optical offices measuring up to 5,000 sq. ft.
X X X X
Fitness uses measuring up to 5,000 sq. ft. X X X
Food service:
City Council/RSA Agenda 123 Tuesday, February 28, 2023
Development Type
Permitted Uses SRC SRSC CC OC
Full service/sit down restaurant in-line or stand-alone X X X Fast food/quick service restaurant, in-line or stand-alone X X X Retail and carry out food store, in-line only X X X
General merchandise retail over 75,000 square feet excluding superstores
X X
General merchandise retail under 75,000 square feet,
including:
Alcoholic beverage stores over 4,000 square feet X X X
Antique stores X X X
Appliance stores X X X
Beauty supply stores X X X
Book stores X X X
Breweries and wineries with on-site tasting and food service up to 5,000 sq. ft.
X X X
Bridal and tuxedo sales/rental stores X X X
Camera and photo retail stores X X X
Cannabis dispensary/retail*** X X X
Cell phone stores X X X
Clothing and clothing accessories X X X
Consumer electronic sales X X X
Copying and printing service X X X
Craft, art, and fabric supply stores, hobby shops and frame shops
X X X
Department stores X X X
Florist X X X X
Furniture sales, including patio furniture and barbeque stores X X X Gift, stationery and office supply stores X X X X
Gourmet food and beverage stores that sell artisan products measuring up to 5,000 sq. ft.
X X X
Home furnishings and housewares X X X
Jewelry stores 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
Luggage and leather stores X X X
Magazine and newspaper stands X X X X
Mattress stores X X X
Music retail stores, including the sale of musical instruments such as pianos
X X X
Party supply stores X X X
Pet supply stores X X X
Shoe stores X X X
Sporting goods and bicycle sales (no gun sales) X X X
Supermarkets X
Toy/educational stores X X X
Vitamin stores and pharmacies X X X
City Council/RSA Agenda 124 Tuesday, February 28, 2023
Development Type
Permitted Uses SRC SRSC CC OC
Any other retail sales use determined by the Economic and Community Development Director to be the same or similar to the above list
X X X
Hardware, building materials and garden supply stores with no outdoor storage
X X X
Hotels X X X X
Indoor theaters without alcoholic beverage sales X X X
Outdoor dining areasPrivate sidewalk cafés subject to the provisions listed in Section 18.36.19039.055
X X X
Personal care services including beauty and barber shops, nail care, day spas, waxing, hair removal, tattoo parlors, etc. excluding massage uses
X X
Personal services including dry-cleaning establishments, shoe repair, travel agency, tailor, photography studio, etc.
X
Tutoring centers X X X X
Veterinarian offices and small animal hospitals measuring up to 5,000 sq. ft. 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 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 made.
X X X
* Key to development type abbreviations:
SRC—Subregional commercial development;
SRSC—Subregional specialty commercial development;
CC—Community commercial development;
OC—Office commercial development.
** Supermarkets and food stores shall mean any store where fifty percent (50%) or more of the total floor area of the store is devoted to prepackaged food and grocery sales. *** 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.
18.39.050 Conditionally permitted uses.
To facilitate coordinated, yet distinct development areas within Union Landing, the following uses shall be permitted within a commercial development upon granting of a use permit, when City Council/RSA Agenda 125 Tuesday, February 28, 2023
the symbol “X” is marked in the column beneath the appropriate development type on Table 18.39.050. A use that is not listed is not permitted.
A. Approval by Zoning Administrator (refer to Chapter 18.54 for a detailed description of the administrative use permit process).
Table 18.39.050(A)
Uses That Require an Administrative Use Permit by Development Type Development Type
Conditionally Permitted Uses SRC SRSC CC OC
Live music (amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(B) X X X
Outdoor dining patios subject to the provisions listed in Section
18.36.190 X X X
18.39.055 Outdoor dining.
Outdoor dining areas shall be subject to the requirements included in Section 18.36.190.
A. Prior to establishment of an outdoor dining area, a site plan shall be submitted to the Planning Division for review and approval that addresses the following:
1. Site plan shall be drawn to scale (1/4″= 1′) and/or include dimensions and shall include the following:
a. Boundary of outdoor dining area including adjacent buildings, sidewalk areas, driveways or drive aisles; and
b. Configuration of outdoor dining area including entrance/exit into area and location of tables, chairs, umbrellas, heat lamps, fencing, landscape planters, etc.
2. Umbrellas are permitted if there are no building awnings or overhangs directly above them. Tent structures are not permitted.
3. Outdoor dining areas are limited to the private sidewalk area directly adjacent to tenant space.
4. Outdoor dining areas shall comply with all applicable requirements of the California Building Code and the Americans with Disabilities Act (ADA), which requires a continuous accessible path of travel.
5. Outdoor dining areas shall not obstruct any building entrances or exits; driveways and drive aisles or driver’s sight distances; fire protection equipment; City Council/RSA Agenda 126 Tuesday, February 28, 2023
and pedestrian circulation including configurations that result in shifting pedestrian traffic into driveway or drive aisle.
6. Any permanent improvements shall comply with applicable California Building and Fire Code requirements and may be subject to issuance of a building permit and/or Administrative Site Development Review approval pursuant to Chapter 18.52.
7. Any outdoor dining barriers such as fencing or landscape planters shall not exceed forty-eight (48) inches in height.
8. Exterior electricity outlets shall be installed for any outdoor dining area components that require an electrical connection.
B. The following requirements shall apply to outdoor dining areas:
1. At least one receptacle each for trash, recycling, and organics recycling shall be provided to serve the outdoor dining area. Receptacles that are located inside the business may meet this requirement if table service is provided.
2. Area within fifteen (15) feet of the outdoor dining area shall be kept clean and debris-free.
3. No smoking shall be allowed within the outdoor dining area.
4. Any applicable permits/approvals from the California Department of Alcohol Beverage Control shall be obtained prior to sale of alcoholic beverages in the outdoor dining area.
City Council/RSA Agenda 127 Tuesday, February 28, 2023
PLANNING COMMISSION MINUTES 1 FEBRUARY 16, 2023
CITY OF UNION CITY
DRAFT
MINUTES FOR THE REGULAR PLANNING COMMISSION MEETING
ON THURSDAY FEBRUARY 16, 2023, 7:00 P.M.
IN THE COUNCIL CHAMBERS OF CITY HALL
34009 ALVARADO-NILES ROAD
UNION CITY, CA 94587
AND VIA TELECONFERENCE
1. ROLL CALL: Vice Chairperson Ed Mack Agbuya, Commissioner JoAnn Lew; Commissioner Kevin Finnerty
Commissioner Amandeep Sandhu arrived at 7:13 PM
2. STAFF: Carmela Campbell (Economic & Community Development Director); Alex Mog (Deputy City Attorney); Derek Farmer (Planning Manager); Tommy Cho (Principal Civil Engineer); Brandon DeLucas (Associate Planner); Denisse Anzoategui (Administrative Assistant III)
3. APPROVAL OF MINUTES: None.
4. ORAL COMMUNICATIONS: None.
5. WRITTEN COMMUNICATIONS: None.
6. PUBLIC HEARINGS:
A. CONTINUED HEARINGS: None.
B. NEW HEARINGS:
1. CITY OF UNION CITY, ZONING TEXT AMENDMENT (AT23-001): The City of Union City is proposing to amend Chapters 18.08, Definitions, 18.36, Commercial Districts, and
18.39, Union Landing Commercial (CUL) District, of Title 18, Zoning, of the Union City Municipal Code, to add definitions, update and add regulations, and add / streamline review processes for outdoor dining areas. The zoning text amendment is exempt from environmental review in accordance with the California Environmental Quality Act Guidelines Section 15061(b)(3), the general exemption for projects with no potential for significant effect on the environment.
Brandon H DeLucas, Associate Planner presented the staff report. Mr. DeLucas also reviewed the Desk Item that was prepared.
Vice Chairperson Agbuya thanked Mr. DeLucas for the presentation and stated that he would invite the Commission to ask questions.
ATTACHMENT 4
City Council/RSA Agenda 128 Tuesday, February 28, 2023
PLANNING COMMISSION MINUTES 2 FEBRUARY 16, 2023
Commissioner Lew thanked staff for the Desk Item and noted that it was very well done.
Commissioner Lew stated that she wanted to go back to the findings by the Zoning Administrator. Commissioner Lew asked if staff would request public input from neighboring restaurants regarding the loss of parking.
Mr. DeLucas replied that as part of the Use Permit application, it is customary to notice neighboring businesses and that the restaurant needs the property owner's signature. Mr.
DeLucas added that when the property owner signs off, they take responsibility. Mr. DeLucas also added that they do not have any other process beyond the 300-foot notice.
Commissioner Lew confirmed that surrounding businesses are notified especially when it involves loss of parking. Commissioner Lew noted that even losing three spaces could cause certain areas to be very tight. Commissioner Lew referred to the area of Union Landing which she calls restaurant row, and noted how that area is always parked up. Commissioner Lew added that if anyone wants to add additional outdoor dining there, it would be a loss of parking.
Commissioner Lew stated that she wanted to know if the other restaurants are going to get a notice and can weigh in on the loss of parking.
Mr. DeLucas replied that as part of the 300-foot notice, businesses, and property owners within 300 feet of the business property will be noticed. Mr. DeLucas added that the notice informs them that they can direct any comments to staff. Mr. DeLucas compared the process similar to notices that are sent out for Planning Commission hearings, but this will give the date from when the Zoning Administrator will make the decision.
Commissioner Lew replied that she was glad to hear that they’re included and will have an opportunity to respond.
Commissioner Finnerty stated that his first question was likely directed to Mr. Mog but requested clarification for the word “adjacent.” Commissioner Finnerty asked if adjacent meant there would be a common wall, or if it was in terms of distance. Commissioner Finnerty asked if there was any interest in defining what adjacent looks like for this purpose.
Alex Mog, Deputy City Attorney replied that adjacent is not defined in the code, but the common definition of that would mean directly next to, and so it would have to be directly next to the food service. Mr. Mog added that there couldn't be another business in between or in a separate building, only directly next to that business.
Commissioner Finnerty replied that the reason he asked is that he sees a discussion regarding removing of parking spots. Commissioner Finnerty added that Union Landing comes to mind with specifically the restaurants surrounding Starbucks with limited seating and if they choose to remove three parking stalls there would be a driveway they would have to cross. Commissioner Finnerty asked if restaurants, including those between Starbucks and Backyard Bayou, would be able to add a dining area in the parking lot.
Mr. DeLucas replied no and that it would not be the intent of these regulations. Mr. DeLucas added that it would be more appropriate to do the private sidewalk. Mr. DeLucas added that that sidewalk is a little bigger and some of the restaurants further down Starbucks towards the movie theater already have little fenced areas. Mr. DeLucas added that because the drive aisle would be there, they would not be able to have outdoor dining because the space would not be directly adjacent.
City Council/RSA Agenda 129 Tuesday, February 28, 2023
PLANNING COMMISSION MINUTES 3 FEBRUARY 16, 2023
Commissioner Finnerty referred to Exhibit B and noted he asked about the use of asterisks throughout the document. Commissioner Finnerty noted that the first asterisk refers to a key to development type abbreviations, the second talks about supermarkets and food stores, and then a third asterisk talks about cannabis.
Mr. DeLucas asked Commissioner Finnerty to repeat the section he was referring to.
Commissioner Finnerty referred to Exhibit B, under the area just above the section titled Conditionally Permitted Uses, 18.39.050.
Mr. DeLucas replied that they are existing notes in the code and asked if Commissioner Finnerty had a concern.
Commissioner Finnerty replied that he couldn’t find the corresponding asterisks with the information that is being referred to. Commissioner Finnerty added that he may have missed it in the document.
Mr. Mog replied that the first asterisk is in the Development Type table. Mr. Mog noted that they could see that the initials are listed there. The first asterisk is just providing what those initials stand for. Mr. Mog explained that SRC stands for Sub-Regional Commercial Development.
Mr. DeLucas added that he was trying to find the Supermarkets section. Mr. DeLucas added that he did not make any changes to those, so they may have fallen off in an earlier amendment. Mr. DeLucas assured the Commission that he would try to adjust it since they were already amending the section of the code.
Commissioner Finnerty suggested that they could put an asterisk over the information that they are providing further information on and may clear it up for the reader, especially if someone were to pull it out and delve into it.
Mr. DeLucas identified the location of where the double asterisk should go.
Commissioner Finnerty replied that he wanted to make sure that he hadn’t missed anything in the review of the document.
Mr. DeLucas replied that staff will review and make sure that they can make those edits, when it moves to the City Council.
Commissioner Finnerty asked staff to confirm that the walkway would be a five-foot wide minimum.
Mr. DeLucas replied that staff feels that it is a sufficient wide clear path under circulation.
Commissioner Finnerty asked how staff came up with five feet.
Mr. DeLucas replied that five feet was the existing standard for sidewalk cafes, and it was also the standard that the City applied through the temporary outdoor dining program during the COVID-19 pandemic. Mr. DeLucas added that the Americans with Disabilities Act minimum is three feet and the City is exceeding that. Mr. DeLucas added that five feet felt that it would be appropriate and reasonable to allow people to pass.
Commissioner Sandhu stated she had concerns over the access at the Starbucks at Union Landing for someone in a wheelchair as it seemed very narrow.
City Council/RSA Agenda 130 Tuesday, February 28, 2023
PLANNING COMMISSION MINUTES 4 FEBRUARY 16, 2023
Mr. DeLucas replied that the circulation requirement ensures that there is enough access. Mr.
DeLucas repeated that the Americans with Disabilities Act has a minimum standard of three feet and the City has chosen to require five feet. Mr. DeLucas added that is some cases, Starbucks may have their chairs out and blocked, and they would not comply. Mr. DeLucas added that under the standard requirements, businesses must ensure that their outdoor dining areas shall ensure accessibility by complying with the California Building Code and/or the Americans with Disability Act, ADA, whichever provides greater accessibility. Mr. DeLucas added that when they submit for that site plan review, staff is ensuring that they are showing that they are going to maintain that access for somebody in a wheelchair. Mr. DeLucas also added that there is also a requirement for ADA accessible tables like for wheelchairs and it depends on the number of chairs or tables they have.
Commissioner Sandhu asked if they could serve alcohol outside.
Mr. DeLucas replied that they can serve alcohol within the areas subject to getting approval through ABC, California’s Alcohol and Beverage Control. Mr. DeLucas added that if ABC signs off and allows them that expansion, it would be permitted.
Vice Chairperson Agbuya noted that with outdoor dining, most likely people would like to bring their pets. Vice Chairperson Agbuya asked if there would be a special permit to allow pets while they are dining outside.
Mr. DeLucas replied that the City will not require anything, and that depending on the service type they may get an additional approval from the Health Department. Mr. DeLucas added that it is more of their criteria or requirement that determines whether somebody wants to sit outside with their pet.
Vice Chairperson Agbuya opened and closed the public comment.
Commissioner Lew moved that the Planning Commission recommend approval of Zoning Text Amendment AT-23-001, as modified by the Desk Item to the City Council, making the specific findings as listed in the staff report in support of a recommendation of approval and adopt a resolution confirming this action.
Commissioner Finnerty seconded.
The motion was carried by the following roll call vote:
AYES: (AGBUYA, FINNERTY, LEW, SANDHU)
NOES: NONE
ABSTAIN: NONE
ABSENT: (GUIO, MCLELLAND)
The motion passes 4-0.
7. SUPPLEMENTAL STAFF REPORTS:
a. CONTINUED HEARINGS: None.
b. NEW REPORTS: None.
City Council/RSA Agenda 131 Tuesday, February 28, 2023
PLANNING COMMISSION MINUTES 5 FEBRUARY 16, 2023
8. ECONOMIC DEVELOPMENT REPORTS: None.
9. COMMISSION MATTERS:
1. Follow-up on Planning Commission referrals to the City Council:
Carmela Campbell, Economic & Community Development Director stated that there are none.
2. Upcoming applications for the Regular Planning Commission meeting for March 2, 2023.
Ms. Campbell informed the Commission that there will be two items on the next agenda. Ms.
Campbell stated that the first item will include a General Plan and Housing Element Annual Report. Ms. Campbell added that the report is required by the State of California and is being brought to the Commission and Council for review. Ms. Campbell added that there will also be an acupuncture clinic that is coming up for a Use Permit at Central Plaza.
10. GOOD OF THE ORDER:
Commissioner Finnerty reminded the Commission and members of the public that there will be a celebration of life for Supervisor Richard Valle on Saturday, February 25 that will begin at 10 o’clock at Veterans Memorial Park.
Ms. Campbell informed the Commission of a flyer provided to the Commission regarding the event. Ms. Campbell noted that Supervisor Valle was also a City Councilmember for many years and that everyone was very sad to hear of his passing.
Ms. Campbell reminded the Commission of the Planning Commissioner's Academy that will take place March 29-31st and asked the Commission to reach out staff if there was interest in attending as the event fills up.
11. ADJOURNMENT: 7:40 PM
City Council/RSA Agenda 132 Tuesday, February 28, 2023
ATTACHMENT 5
PLANNING COMMISSION RESOLUTION NUMBER 01-23
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UNION CITY
RECOMMENDING APPROVAL TO THE CITY COUNCIL OF ZONING TEXT AMENDMENT, AT-23-001, AMENDING TITLE 18, ZONING, OF THE UNION CITY MUNICIPAL CODE TO UPDATE CHAPTERS 18.08, DEFINITIONS, 18.36, COMMERCIAL DISTRICTS AND 18.39, UNION LANDING COMMERCIAL (CUL)
DISTRICT, TO ADD DEFINITIONS, UPDATE REGULATIONS, AND STREAMLINE
REVIEW PROCESSES FOR OUTDOOR DINING AREAS
WHEREAS, on June 9, 2020, in response to the COVID-19 pandemic had on the local economy and in particular food service uses, the City Council adopted an urgency ordinance (Ordinance #878-20) allowing the Zoning Administrator to issue temporary use permits waiving certain Zoning Ordinance requirements; and WHEREAS, upon adoption of the urgency ordinance, the Zoning Administrator directed Planning Division staff to develop a program to allow temporary outdoor dining operations in compliance with all applicable County and State guidelines; and WHEREAS, while the outdoor dining program was meant as a temporary solution to address the challenges facing businesses as a result of the COVID-19 pandemic, there is a need to facilitate the development of permanent outdoor dining areas; and 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 Zoning Ordinance contains regulations regarding outdoor dining areas, including the requirements for obtaining discretionary review, if applicable, and WHEREAS, the City of Union City is proposing to amend Chapters 18.08, Definitions, 18.36, Commercial Districts and 18.39 Union Landing Commercial (CUL) District, of Title 18, Zoning, of the Union City Municipal Code, to address regulations for outdoor dining areas. The amendments propose updating standards related to outdoor dining areas and streamlining review processes for outdoor dining areas; and WHEREAS, on February 16, 2023, the Planning Commission held a duly noticed public hearing to consider the proposed zoning text amendments, receive the staff report and staff presentation, and discuss the matter; and
WHEREAS, the amendments to Title 18 are shown in Exhibit A (Clean) and Exhibit B (Redlined), which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED, that the foregoing recitals are true and correct and made a part of this Resolution.
City Council/RSA Agenda 133 Tuesday, February 28, 2023
2 Planning Commission Reso #01-23
AT-23-001, Zoning Text Amendments
BE IT FURTHER RESOLVED that the Planning Commission of the City of Union City hereby recommends that the City Council approve Zoning Text Amendment, AT-23- 001, as shown in Exhibit A (Clean) and Exhibit B (Redlined) and does hereby find as follows:
1. That the Zoning Text Amendments are exempt from environmental review in accordance with the California Environmental Quality (CEQA) 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, it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment; and
2. That the proposed Zoning Text Amendments are consistent with the following General Plan policies. There are no applicable specific plans. a. Policies ED-6.2 and LU-6.7-Experience-oriented shopping, seeks to encourage shopping centers to add more “experience-oriented” uses and activities. The proposed amendments would support the efforts of food service establishments to create new outdoor dining experiences, consistent with General Plan Goal ED-6 “to encourage Union City’s shopping centers to redevelop, intensify, and adapt to changing retail trends as necessary to create retail destinations, better serve community needs, and remain competitive within the region”, and Goal-LU-6 “to encourage Union City’s shopping districts to redevelop, intensify, and adapt to changing retail trends”.
b. Policy ED-7.3-Remove Regulatory Barriers, seeks to have the City to remove any unnecessary regulatory barriers that discourage private-sector investment.
The proposed amendments help to remove barriers for food serving uses to establish outdoor dining spaces and encourages further investment, consistent with Goal ED-7 “to create a supportive environment in which local businesses can prosper”; and
3. That the proposed Zoning Text Amendments are necessary and desirable to achieve the purposes of Title 18, which seek to protect the character and maintain the stability of business and industrial areas and conserve the taxable value of land and buildings throughout the City.
City Council/RSA Agenda 134 Tuesday, February 28, 2023
3 Planning Commission Reso #01-23
AT-23-001, Zoning Text Amendments
I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission of the City of Union City held on February 16, 2023, by the following vote:
AYES 4 (Agbuya, Finnerty, Lew, Sandhu)
NOES 0
ABSTAIN 0
ABSENT 2 (Guio, Mclelland)
MOVED: Commissioner Lew
SECONDED: Commissioner Finnerty
APPROVED
ED MACK AGBUYA, VICE CHAIRPERSON
ATTEST:
CARMELA CAMPBELL, SECRETARY
City Council/RSA Agenda 135 Tuesday, February 28, 2023
Item 7.a
Zoning Text Amendment AT-23-001 and
Update COVID-19 Response Grant Program
City Council/RSA Agenda 136 Tuesday, February 28, 2023
2 Introduction
- January 24, 2023, City Council approved terminating City’s local emergency declaration on February 28, 2023
- Urgency ordinance, related Temporary Outdoor Dining Program, and Eviction Moratorium will expire
- Proposed amendments to Zoning Ordinance adding provisions to expand opportunities for permanent outdoor dining and streamline planning approvals - City will open another round of COVID-19 Response Grant Program funding - Supporting residents, property owners, and small businesses in recovering from impacts of COVID-19
City Council/RSA Agenda 137 Tuesday, February 28, 2023
3 Chapter 18.08 Definitions
18.08.261 Food service
- an establishment which serves food or beverages for immediate consumption either on the premises, or to be taken out for consumption elsewhere.
18.08.536 Site plan review
- a ministerial process in which the Director reviews a site plan submittal and determines compliance with applicable regulations.
City Council/RSA Agenda 138 Tuesday, February 28, 2023
4 Chapter 18.08 Definitions
18.08.481 Outdoor dining patio.
- an outdoor dining area located on private
property that is associated with an adjacent food
service use (excluding outdoor dining areas
defined as private sidewalk café in section
18.08.495).
City Council/RSA Agenda 139 Tuesday, February 28, 2023
5 Chapter 18.08 Definitions
18.08.537 Sidewalk café
- an outdoor dining area
located within the sidewalk
area of a public right-of-way
that is associated with an
adjacent food service use.
City Council/RSA Agenda 140 Tuesday, February 28, 2023
6 Chapter 18.08
Definitions
18.08.495 Private sidewalk
café
- an outdoor dining area located
within a sidewalk or plaza area
on private property that is
associated with an adjacent food
service use.
City Council/RSA Agenda 141 Tuesday, February 28, 2023
7 Chapter 18.36 Commercial Districts
18.36.020 Permitted Uses
- Sidewalk cafes and private sidewalk cafes subject to provisions of Section
18.36.190
18.36.030 Conditional Uses (AUP)
- Outdoor dining patios subject to provisions of Section 18.36.190 City Council/RSA Agenda 142 Tuesday, February 28, 2023
8 Chapter 18.36 Commercial Districts
18.36.190 Outdoor dining standards.
- Operational standards which apply to all outdoor dining areas - Design Standards which apply to all outdoor dining areas - Private sidewalk café, Outdoor dining patio, Sidewalk café standards and permit process
• Rename and renumber section
18.36.195 Standards for live music at full service/sit down restaurants - Renumber Section 18.36.195 for consistency
City Council/RSA Agenda 143 Tuesday, February 28, 2023
9 Chapter 18.36 Commercial Districts
18.36.190 Outdoor dining standards.
Operational standards which apply to all outdoor dining areas. - Keep area within 15 feet clear of litter
- Hour of operation limitations
- Comply with Union City Noise Community Ordinance
- Cooking or preparation of food prohibited
- Portable heaters setback min 5 feet from all combustible materials - Umbrellas allowed unless under permanent roof or overhang - Trash, recycling and compost bins shall be provided
City Council/RSA Agenda 144 Tuesday, February 28, 2023
10 Chapter 18.36 Commercial Districts
18.36.190 Outdoor dining standards.
Private sidewalk café standards .
- Located in existing private sidewalk or plaza
- May be enclosed by a barrier (fences, railings or planter boxes) - Permanent structures.
- If structures proposed, private sidewalk café subject to the requirements of outdoor dining patio provided in 18.36.190(C).
- Circulation
- Permit requirements
- Site Plan Review
City Council/RSA Agenda 145 Tuesday, February 28, 2023
11 Chapter 18.36 Commercial Districts
18.36.190 Outdoor dining standards.
Outdoor dining patio standards.
- Located adjacent to food service use on private property - May be enclosed by a barrier (fences, railings or planter boxes) - Permanent structures subject to Administrative Site Development Review (ASD) and building permit
- When in parking lots shall not obstruct vehicular and pedestrian access City Council/RSA Agenda 146 Tuesday, February 28, 2023
12 Chapter 18.36 Commercial Districts
18.36.190 Outdoor dining standards.
- Removal of Parking
- Permitted when patio is less then 500 square feet
- Additional finding required if above 500 square feet
- Permit requirements
- Subject to Administrative use permit, as detailed in Chapter 18.54 - Subject to Site Plan review
City Council/RSA Agenda 147 Tuesday, February 28, 2023
13 Chapter 18.36 Commercial Districts
18.36.190 Outdoor dining standards.
Sidewalk Café standards .
- Located adjacent to food service use on a public sidewalk - May be enclosed by a barrier (fences, railings or planter boxes) - Permanent structures prohibited. All fixtures shall be movable - Circulation
- Permit requirements
- Site Plan review
- Encroachment permit
City Council/RSA Agenda 148 Tuesday, February 28, 2023
14 Chapter 18.39 Union Landing Commercial (CUL)
18.39.040 Permitted Uses
Allow private sidewalk cafes subject to provisions of Section 18.36.190
18.39.050 Conditional Uses
Allow outdoor dining patios subject to provisions of Section 18.36.190
18.39.055 Outdoor dining
Refer to outdoor dining standards in Section 18.36.190
City Council/RSA Agenda 149 Tuesday, February 28, 2023
15 Planning Commission Review
Planning Commission held a Public Hearing on February 16, 2023 to review the proposed amendments
• Asked clarifying questions
• Recommended minor updates per the desk item
• Updated language reflected in Exhibit A
Planning Commission recommended approval on a 4-0 vote
City Council/RSA Agenda 150 Tuesday, February 28, 2023
16 Temporary Outdoor Dining Program
• 30 Temporary Outdoor Dining Permits issued to date
• Majority of outdoor dining facilities established under the program were intended to be temporary in nature and after approximately 2 to 2.5 years have outlived their useful life
• Businesses who wish to convert their existing temporary outdoor dining facilities must apply to the Planning Division for approval by April 13, 2023 and be under construction by June 30, 2023
• Businesses who do not apply by the April 13, 2023 deadline will be required to remove any temporary outdoor dining facilities at that time City Council/RSA Agenda 151 Tuesday, February 28, 2023
17 COVID 19 Response Grant Program
• City created a Residential Rental Assistance Program and Road To Recovery Small Business Assistance program in response to the COVID-19 pandemic starting in 2020
• Funding for the programs came from allocations from the City's Community Development Block Grant (CDBG) Entitlement Program and the Federal CARES Act funding through the CDBG program (CDBG-CV)
• City is opening up an additional round of both the Residential Rental Assistance Program and Road to Recovery Small Business Assistance Program to help residents, property owners and businesses still struggling with the impacts related to COVID 19
City Council/RSA Agenda 152 Tuesday, February 28, 2023
18 COVID 19 Response Grant Program
Union City – COVID-19 Response Funding
Source of Funding City Program Amount of Funding
CDBG-EN FY 20-21 Program Residential Rental Assistance Program $189,000 CDBG-EN FY 21-22 Program Road to Recovery – Small Business Assistance Program
$200,000
CARES Act Funding Residential Rental Assistance Program / Road to Recovery-Small Business Assistance Program
$503,062
East Bay Community Energy
(EBCE) Fund
Food Security Grant Program $50,000
Total Amount: $942,062
City Council/RSA Agenda 153 Tuesday, February 28, 2023
19 COVID 19 Response Grant Program
• Residential Rental Assistance Program
• Approximately $84,000 in CARES Act (CDBG-CV) funds available • Grants up to $7,500 to cover back rent (up to 3 months in arrears) paid directly to landlord • Small Business Assistance Road to Recovery
• Approximately $238,000 in CDBG Entitlement funds and CARES Act (CDBGCV) funds available • Grants up to $10,000 or forgivable loans up to $20,000 • Covers permanent outdoor dining facilities; rent, mortgage, or utilities (up to 3 months in arrears); payroll support, and PPE
City Council/RSA Agenda 154 Tuesday, February 28, 2023
20 COVID 19 Response Grant Program and
COVID 19 Response Grant Program
• Application window opens on Monday, March 6; first round of application review starts on Thursday, March 30
• Program details will be pushed out on City’s outreach and social media channels starting on Thursday, March 2, 2023
• Two hybrid Informational Meetings Scheduled
• Tuesday, March 14: 9:00 am to 10:00 am
• Wednesday, March 15: 12:00 pm to 1:00 pm
City Council/RSA Agenda 155 Tuesday, February 28, 2023
21 Recommendation
Consistent with the Planning Commission recommendation, staff recommends that the City Council waive the first reading and introduce an Ordinance approving Zoning Text Amendment AT23-001 and receive the COVID-19 Response Grant Program update
City Council/RSA Agenda 156 Tuesday, February 28, 2023