PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 23rd day of March 2021, by the following vote:
AYES: Councilmembers Duncan, Singh, Vice Mayor Gacoscos, Mayor Dutra-Vernaci NOES: None
ABSENT: Councilmember Patiño
ABSTAIN: None
City Council/RSA Agenda 552 Tuesday, April 11, 2023
ST&UUTOC
Agenda Item
New Business (a)
DATE: MARCH 20, 2023
TO: HONORABLE CHAIR AND MEMBERS OF THE ST&UUTOC
FROM: JACKIE ACOSTA, FINANCE DIRECTOR
SUBJECT: UPDATED REPORT ON THE MEASURE AA SALES TAX AND MEASURE WW UTILITY USERS’ TAX FOR FISCAL YEAR 2021-2022 AND ANNUAL REPORT
TO THE CITY COUNCIL
EXECUTIVE SUMMARY
In order to assist the Sales Tax & Utility Users’ Tax Oversight Committee (“Committee”) with its due diligence in reviewing the revenues generated by the Measure AA sales tax and the Measure WW utility users’ tax, and the subsequent expenditure of such revenues, staff is presenting a year-end, unaudited report on the Measure AA sales tax and Measure WW utility users’ tax revenues received during the period of July 1, 2021 through June 30, 2022, and the expenditure of those funds.
BACKGROUND
As the Committee is aware, the ordinances enacting both the Measure AA onehalf cent local sales tax and the Measure WW 5% utility users’ tax require that a citizens’ oversight committee exist to review the revenues and expenditures of the sales tax and utility users’ taxes. The Committee is tasked with meeting at least twice annually to review these revenues and expenditures to ensure that the tax revenues generated by the measures are being used to maintain service levels as determined by the City Council’s adopted budget and reporting its findings annually to the City Council. Therefore, staff is providing a year-end, unaudited report on the revenues received from these tax measures for the period of July 1, 2021 through June 30, 2022, and the expenditures made with these revenues.
City Council/RSA Agenda 553 Tuesday, April 11, 2023
DISCUSSION
Sales Tax – For FY 2021-2022, the City received $7.1 million in Measure AA sales tax.
This exceeded both our original budget projection of $5,998,600, as well as the straight-line projection of $6.7 million made by staff back in February 2022.
Additionally, the $7,136,134.75 received in FY 2021-2022 is 14.2% more than the $6,249,676.56 received in FY 2020-2021.
Again, this Committee has been tasked by the City Council to review the sales tax revenues generated by Measure AA and determine if they have been used to maintain the essential services described in the ballot measure language, which were listed as police, fire, paramedic, library, streets, parks and other services. Therefore, staff is presenting, in the chart below, the FY 2021-2022 Measure AA sales tax revenue and expenditure information as of June 30, 2022 (unaudited), for the Committee’s review:
Measure AA – Sales Tax – FY 2021-2022 Estimated Revenues = $5,998,600 Revenues Amount Expenditures Amount
Sales Tax $7,136,134.75 Police Patrol $15,519,841.23
Fire & Paramedic $5,280,558.53
Street Maintenance $186,318.86
Park Maintenance $1,377,367.43
Total $7,136,134.75 Total $22,364,086.05
As stated in prior staff reports, the Measure AA sales tax revenue is a general revenue which is accounted for in the City’s General Fund along with several other general revenues - property taxes, franchise taxes, business license taxes, service fees, intergovernmental revenues, etc. The Measure AA sales taxes are being used again in FY 2021-2022 to pay all or a portion of the costs of police patrol, fire & paramedic services, street maintenance and park maintenance.
Without the Measure AA sales tax revenues to help support the cost of these services, the City would likely have to reduce the level of service provided in these critical areas and/or eliminate other valued programs such as senior recreation, senior social services, youth recreation programs or other important services that the community enjoys and expects.
As the Committee is aware, the City placed Measure Z on the November 8, 2022 ballot to request Union City residents to extend this vital local tax for nine additional years (2025 through April 2034). Staff is happy to report that Measure Z passed with a 74.4% approval rating (Yes – 12,782; No – 4,398).
Utility Users’ Tax – For FY 2021-2022, the City received just under $5.3 million in Measure WW utility users’ taxes. In February 2022, staff estimated that the City would receive $5 million in UUT revenues by the close of the fiscal year. As you City Council/RSA Agenda 554 Tuesday, April 11, 2023
can see, we exceeded our projection from February 2022, but were under our original budget projection of $5.5 million.
Again, this Committee has been tasked by the City Council to review the utility users’ tax revenues generated by Measure WW and determine if they have been used to protect the essential city services described in the ballot measure language, which were listed as senior citizen support/meal programs during COVID-19 crisis/recovery; 911 emergency/paramedic response; street/pothole repair; fire protection; disaster/health crisis preparedness; youth violence prevention/drug intervention programs; and other city services. Therefore, staff is presenting in the chart below, the FY 2021-2022 Measure WW utility users’ tax revenue and expenditure information as of June 30, 2022 (unaudited), for the Committee’s review:
Measure WW – Utility Users’ Tax – FY 2021-2022 Estimated Revenues = $5.5M Revenues Amount Expenditures Amount
Electricity $3,211,114.96
Senior
Support/COVID-19 $47,699.97
Gas $1,004,064.50 Fire & Paramedic $5,280,558.54
Telecom $596,616.39 Street/Pothole Repair $68,794.95
Video Services $473,379.10
Disaster/Heath Crisis
Preparedness $102,091.71
Penalties & Interest $75.70
Youth Violence
Prevention/Drug
Intervention $1,042,053.37
Total $5,285,250.65 Total $6,541,198.54
As stated in prior staff reports, the Measure WW utility users’ tax revenues are general revenues which are accounted for in the City’s General Fund along with several other general revenues – property taxes, franchise taxes, business license taxes, service fees, intergovernmental revenues, etc. The Measure WW utility users’ tax revenues remaining from FY 2020-2021 ($1,002,897.53) and the FY 2021- 2022 utility users’ tax revenues were used to pay all or a portion of the costs of senior citizen support/meal programs during the COVID-19 crisis/recovery, 911 emergency/paramedic response, fire protection, disaster/health crisis preparedness and youth violence prevention/drug intervention programs.
Without the Measure WW utility users’ tax revenues to help support the cost of these services, the City would likely have to reduce the level of service provided in these critical areas and/or eliminate other valued programs such as senior recreation, senior social services, youth recreation programs or other important services that the community enjoys and expects.
City Council/RSA Agenda 555 Tuesday, April 11, 2023
Annual Report to City Council
As the Committee Members are aware, the Committee is tasked with meeting at least twice annually to review these revenues and expenditures to ensure that the tax revenues generated by the measures are being used to maintain service levels as determined by the City Council’s adopted budget and reporting its findings annually to the City Council. After review and discussion of the financial information presented above, the ST&UUTOC Committee Members should determine whether they feel that City has expended the funds appropriately and in a manner consistent with the ballot measure language and the service levels budgeted. The annual report provided to the City Council last year for Fiscal Year 2020-2021 stated, “…the Committee reviewed the UUT audit report and reviewed staff’s report on the sales tax and utility users’ tax revenues received for FY 2020- 2021 and the expenditure of those revenues. The finding of the Committee is that those revenues were expended as intended to maintain service levels as determined by the City Council’s adopted budget.” If the Committee feels the same for the FY 2022-2023 2021-2022 financial information provided, staff will prepare a report to the City Council, on behalf of the Committee, that will be similar to last year’s report. If the Committee would like to report out something different, the Committee can decide what that should be and direct staff to accordingly.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
RECOMMENDATION:
Sta1. ff recommends Hear staff’s presentation on the 2021 that the ST&UUTOC take the following actions: -2022 sales tax and utility users’ tax funds.
2. Make its finding regarding the 2021-2022 expenditures of sales tax and utility users’ tax funds.
ATTACHMENTS:
None
City Council/RSA Agenda 556 Tuesday, April 11, 2023
Agenda Item
DATE: 4/11/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC, AND COMMUNITY
DEVELOPMENT DIRECTOR
SUBJECT: STUDY SESSION FOR DRAFT AMENDMENTS TO TITLE 18, ZONING, OF THE UNION CITY MUNICIPAL CODE TO UPDATE CHAPTER 18.40
INDUSTRIAL DISTRICTS AND CHAPTER 18.76 SITE DEVELOPMENT REVIEW AND ADD CHAPTER 18.43 USE OF HAZARDOUS MATERIALS (AT-23-003)
Staff recommends that the City Council hold a study session and provide feedback on the draft amendments to Title 18, Zoning, of the Union City Municipal Code to update Chapter 18.40, Industrial Districts, Chapter 18.76 Site Development Review and add Chapter 18.43, Use of Hazardous Materials (AT-23-003). A clean and redlined version of the proposed amendments are attached (Attachment 1).
The Planning Commission held a Study Session to provide feedback on the draft amendments at its March 16, 2023 meeting. Attached to this staff report are the Planning Commission Staff Report (Attachment 2), Planning Commission Desk Item (Attachment 3), and Draft Planning Commission Meeting Minutes (Attachment 4).
STRATEGIC PLAN ALIGNMENT
The proposed amendments are in alignment with the following:
Goal C. Strategy 1. Analyze the feasibility of transforming warehouses to attract high-value industrial and commercial uses for the benefit of the community.
Goal C. Strategy 15. Improve and streamline the development process. (Council Priority)
BACKGROUND
As part of the implementation of Strategic Plan Goal C.1, which states “Analyze the feasibility of transforming warehouses to attract high-value industrialand commercial uses for the benefit of the community”, staff developed design criteria and performance standards to ensure future industrial developments are well-designed and accommodate a variety of flex-industrial uses including office and research and development. As part of the effort to develop these standards, staff determined that there City Council/RSA Agenda 557 Tuesday, April 11, 2023
needed to be a more comprehensive update to address use classifications, outdated performance standards, and the need to reformat the chapter to ensure that use categories were consistent and standardized across all districts. This comprehensive update has modified and standardized uses, updated development and performance standards, established objective design standards, and reformatted the chapter for ease of use and consistency with other chapters in Title 18.
Goal LU-7 of the Union City 2040 General Plan states “Protect the supply of land in Union City’s business parks and ensure development and design standards encourage business parks to adapt and transition into vibrant employment centers.” The amendments help to implement this goal.
A new chapter is also proposed, Chapter 18.43, Use of Hazardous Materials. The chapter includes the contents currently included in Article IV of Chapter 18.40. The proposed formatting updates removed the chapter articles requiring the creation of a new zoning chapter.
Staff is also suggesting amendments to Chapter 18.76, Site Development Review, to make the Planning Commission the decision maker for Site Development Review applications with the goal of further streamlining the approval process and aligning our process with surrounding jurisdictions. The proposed amendments also update the applicability provisions.
DISCUSSION
A high-level summary of the draft amendments is included below. See Attachment 1-Exhibit A for the clean version of the proposed amendments and Attachment 2-Exhibit B for the red-lined version. For a more detailed overview, see attached Planning Commission staff report (Attachment 2).
A. Chapter 18.40, Industrial Districts
The draft amendments to Chapter 18.40 modify and standardize uses, update development and performance standards, establish objective design standards, and reformat the chapter for ease of use and consistency. Due to the substantial scope of the update, Chapter 18.40 will be repealed and replaced.
Section 18.40.010 Purpose
The purpose of each district has been aligned to those stated in the 2040 General Plan.
Section 18.40.020 Use Regulations – Industrial Districts The draft amendments modify the existing use categories by clarifying language, combining similar uses, updating/removing antiquated use classifications, and adding new uses, which better reflect current market conditions. All uses would be combined into a single table for ease of use and to ensure use categories are standardized across all districts. See below for additional discussion on notable updates to this section.
Amendments are proposed in response to new legislation (i.e., Assembly Bill (AB) 2011 and Senate Bill (SB) 6), which will go into effect July 1, 2023. This legislation allows housing developers to develop qualifying multifamily projects on commercial zoned land with limited local discretion. The term “commercial zoned land” includes sites where office and retail uses (including restaurants) are “principally permitted.” To protect the City’s industrial areas, staff is proposing amendments to the MS Zoning District to make office and retail uses conditional, which means that a Use Permit is required prior to establishment of the use. Restaurant uses in the MS Zoning District are currently a conditional use and will remain as such. Sites that are bounded on three sides by industrial uses are not subject to the new legislation, which would preclude the majority of the sites within the ML Zoning District. As such, office uses remain a permitted use within this zoning district. Although not consistent with staff’s efforts to streamline and simplify the City’s approval processes for the business sector, the amendments will provide protection for sites that are most at risk development of housing under AB 2011 and SB 6.
Amendments are also proposed to the use category of warehouse, wholesale and distribution uses (“warehouse uses”). For buildings that were built prior to August 1996, warehouse uses will continue to remain permitted. The “August 1996” date refers to when the City previously updated its regulations to limit warehouse uses. At that time, Chapter 18.40 was updated to require a Use Permit for new warehouse uses in buildings built after this date. The requirements were also updated at that time to require some warehouse uses to either be 1) point of sale, which means the use generates sales tax, or 2) employ a certain number of employees based on square footage to ensure warehouse uses were meeting the City’s economic City Council/RSA Agenda 558 Tuesday, April 11, 2023
development goals. Over the years, staff found that it was challenging to ensure compliance with the employee requirement and is proposing the provision be updated. As an alternative, staff is proposing a requirement that any new warehouse use established in a building constructed after the 1996 date will need to be affiliated with an existing Union City manufacturing or assembly use with a valid business license.
Based on research of the City’s existing businesses and conversations with business owners, staff has found that warehouse space is necessary to support the City’s existing manufacturing businesses. These businesses need space to house the products that they manufacture or assemble. The updated provisions ensure that the establishment of new warehouse uses better align with the City’s economic development goals by either requiring that they provide sales tax revenue to the City or support an existing Union City business.
Section 18.40.040 Performance Standards
The draft amendments either carry forward existing provisions, or modify existing performance standards to incorporate current best practices and ensure sites are well maintained. These standards include:
1. Limit warehouse, wholesale and distribution activities within buildings by requiring a minimum of 25 percent of the floor area be used for assembly, manufacturing, R&D, sales, showrooms or office uses;
2. Limitations on nuisance characteristics such as odors, noise, vibrations, etc.;
3. Site maintenance;
4. Hazardous materials regulations;
5. Standards for additions and modifications to exiting industrial developments and
6. Standards for solid waste, organic waste and recyclable materials enclosure.
Section 18.40.050 Development Standards
The draft amendments would combine all development standards into a single table for ease of use.
Additionally, the amendments would revise height and setback requirements in certain zoning districts and add FAR requirements from the General Plan. Setback requirements in the MS Zoning District are proposed to be reduced from 65 feet to 25 feet to allow for adequate setback area while providing additional area on-site for development. The height requirement is proposed to be updated in the MS Zoning District to allow for buildings to be constructed up to 55 feet in height (currently 40 feet) to provide additional flexibility. In addition, for projects wanting to build to the maximum height of the range allowed within the respective zoning district, the requirement for a Use Permit was removed and replaced with a finding, which the decision maker must make when approving the related Site Development Review application. This reduces processing timelines and removes uncertainty for the project applicant as they no longer need a discretionary approval to increase building height.
Section 18.40.060 Supplemental Standards
The draft amendments would consolidate other supplemental standards into a single section. The amendments would modify these standards to ensure clarity. These supplemental standards include permitted obstructions, signage, walls and fences, and landscaping.
Staff is proposing to add new standards concerning employee amenity areas, sidewalks and street frontage improvements, equipment screening, and bicycle and pedestrian facilities, which also are items that are typically addressed through the development review process.
These performance standards ensure new development is well-designed and accommodates a variety of flex-industrial uses including office and research and development. In addition, including these standards in Chapter 18.40 ensures applicants are aware of what is expected, which streamlines the approval process by cutting down the back and forth between the applicant and staff.
Section 18.40.070 Of Street Parking and Loading / Section 18.40.080 Bicycle Parking The draft amendments maintain many of the existing parking and loading requirements. Additionally, the amendments would add parking requirements for Research and Development / laboratory uses, parking structures, and clarify parking requirements for flex industrial buildings.
The draft amendments would clarify and update existing bicycle parking standards.
Section 18.40.090 Design Criteria
Following up on the discussion under the Background section, the draft amendments add new objective City Council/RSA Agenda 559 Tuesday, April 11, 2023
design standards for industrial developments to ensure future industrial developments are well-designed.
The standards encourage attractive architectural developments, create a stronger sense of place and a more positive image for the industrial districts. The standards promote the use of a “Modern” building vocabulary, minimize massing and blank walls, require the incorporation of architectural features and detailing as wellas the use of high-quality materials. Similar to the discussion above, there is also the added benefit of including the design criteria in the chapter, which streamlines the approval process by cutting down the back and forth between the applicant and staff.
B. Chapter 18.43 Use of Hazardous Materials
The draft amendment would relocate the existing requirements in Chapter 18.40 Article IV. Use of Hazardous Materials, to a new chapter (Chapter 18.43 Use of Hazardous Materials). The requirements contained in that section also apply to districts outside of the industrial districts including the Station East Employment (SEE) District. This issue, along with the reformatting of Chapter 18.40 Industrial Districts, necessitated these requirements being listed in their own chapter. Additionally, the draft amendments would revise the requirements to account for the new Mixed-Use Employment (EMU) zoning district.
C. Chapter 18.76 Site Development Review
Staff is proposing updates to Chapter 18.76 Site Development Review, to require the Site Development Review (SDR) process apply to all zoning districts. Previously, the Zoning Ordinance did not include the CF Zoning District in the list of zoning districts where SDR applied. An exception has been added exempting City projects on City-owned land. Additionally, in consultation with the City Attorney’s Office, staff is recommending that the City Council consider having the Planning Commission be the decisionmaking body for Site Development Review approval instead of the City Council. The City Council would still retain the ability to call the project up on appeal for their review. This change would further streamline project reviews by alleviating a second public meeting, align our process with those in neighboring jurisdictions, and provide an appeal process for the public. It also reflects how Site Development Review approvals were previously reviewed before an update to the Zoning Ordinance in 2006 D. Planning Commission Meeting
The study session for the draft amendments was held on March 16, 2023. The Commission provided feedback to staff regarding the draft amendments. For a detailed overview of the Planning Commission discussion, see the attached Meeting Minutes labeled Attachment 4.
The Commission also reviewed a Desk Item (Attachment 3) concerning question and comments from Commissioner Lew regarding the proposed amendments. The feedback addressed some clarifying questions, recommendations to address formatting issues and minor updates. The Desk Item includes responses to each of these items. A majority of these edits have been incorporated into the attachments to this staff report. The Desk Item also included additional updates that were needed for Chapter 18.76 Site Development review, which have been incorporated into this staff report and proposed amendments. The Desk Item also provided some background and introduced the request to update Chapter 18.76.
E. Next Steps
Following the study session, staff will work on addressing the feedback provided and will return in the May/June timeframe for Planning Commission and City Council formal adoption of the proposed amendments.
FISCAL IMPACT
No fiscal impacts to the general fund would result from adoption of the proposed zoning text amendments.
RECOMMENDATION
Staff recommends that the City Council hold a Study Session and provide feedback on the draft amendments.
City Council/RSA Agenda 560 Tuesday, April 11, 2023
Prepared by:
Brandon H DeLucas, Associate Planner
Submitted by:
Brandon H DeLucas, Associate Planner
ATTACHMENTS:
Description Type
Attachment 1: Exhibit A (Clean) Exhibit
Attachment 1 - Exhibit B(Redlined Version) Exhibit
Attachment 2: Planning Commission Staff Report dated 03/16/2023 Attachment Attachment 3: Desk Itemdated 03/16/2023 Attachment
Attachment 4: Draft Planning Commission Minutes dated 03/16/2023 Attachment Item7.a Powerpoint Attachment
City Council/RSA Agenda 561 Tuesday, April 11, 2023
ATTACHMENT 1: EXHIBIT A (CLEAN)
Chapter 18.40 is repealed and replaced in its entirety
Chapter 18.40 Industrial Districts
18.40.010 Purpose
The Industrial Districts are as follows:
General Industrial (MG): The purpose of the MG district is to provide space for a broad range of light to heavy industrial uses, including manufacturing, transportation, warehousing, and distribution uses. It is applied where unsightliness, noise, odor, traffic, and the hazards associated with certain industrial uses will not impact residential, commercial, schools, other less intense use areas.
Light Industrial (ML): The purpose of the ML district is to provide space for light manufacturing, assembly, and distribution of manufactured products, R&D facilities, industrial supply, incidental warehousing, offices, and supportive sales, which evidence no or very low nuisance characteristics. The ML district promotes high quality industrial and office park developments. The district applies to areas where nuisance characteristics of noise, odor, traffic generation, unsightliness, or hazardous materials manufacturing or storage are undesirable. Performance standards are applied to ensure minimum potential for adverse effects, that any unavoidable adverse effects are contained on-site, and that the general objective of a high standard of property and use maintenance is met.
Special Industrial (MS): The purpose of the MS district is to provide space for lightest industrial operations, including limited manufacturing, assembly, distribution of manufactured products, R&D facilities, incidental industrial supply, incidental warehousing, offices, and supportive sales, as well as limited commercial uses along major arterials. The MS district promotes high quality industrial and office park developments. The district applies to areas where nuisance characteristics of noise, odor, traffic generation, unsightliness or hazardous materials storage or handling are avoided, and almost all uses will be conducted entirely within enclosed buildings.
18.40.020 Use Regulations—Industrial Districts
Table 18.40.020 Use Regulations—Industrial Districts sets the land use regulations for the Industrial Districts by letter designation as follows unless a use or activity is prohibited or subject to a higher level of permit pursuant to other parts of this Section, other requirements of the Union City Municipal Code, or other applicable regulations:
"P" designates permitted uses.
"AUP" designates uses that are permitted subject to approval of an Administrative Use Permit (Chapter 18.54).
"UP" designates uses that are permitted subject to approval of a Conditional Use Permit (Chapter 18.56). "-" designates uses that are not allowed.
Any other use determined by the decision maker to be essentially the same or very similar to the uses in in table 18.40.020 may be permitted. In making this determination, the findings required under Section City Council/RSA Agenda 562 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit A (Clean), Page 2
18.52.060 shall be addressed. Land uses defined in the Union City Municipal Code and not listed in the table or not found to be substantially similar to the uses below are prohibited. Unless otherwise explicitly stated, all uses shall be conducted indoor.
Table 18.40.020 Land Use Regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific Use
Regulations/
Notes
ASSEMBLY, ENTERTAINMENT, AND RECREATION
Conference center - - UP
Fitness and recreational
facilities - - UP
AUTOMOTIVE AND TRANSPORTATION
Automotive rentals - P P
Automotive repair and service - UP -
Including auto body and
paint shops
Automotive sales of new
vehicles - - UP
Accessory used vehicles
sales and service uses
permitted
Service stations - UP -
Subject to the following
conditions:
1. All operations
except the sale of fuel
and oil shall be
conducted in a building
enclosed on at least
three (3) sides
2. Pump Island shall be
located not closer than
twenty (20) feet to any
property line
3. No sale of alcoholic
beverages or food
products
4. No service station
marketeer
COMMERCIAL SERVICES
Banks and financial institutions - - UP Excluding check cashing businesses
Business services - P UP
Including copying,
printing, mailing
services and sign shops.
City Council/RSA Agenda 563 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit A (Clean), Page 3
Table 18.40.020 Land Use Regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific Use
Regulations/
Notes
Childcare facilities - - UP
When conducted as an
integral part of a main
building or on a
proximate site/campus
and where the parent(s)
or guardian(s) of
children using such
facility remain on site,
or on a proximate site
Food service - - UP Excluding Drive-through
uses
Live music (non-amplified) - - AUP
At food service uses and
subject to the provisions
of Section 18.36.195(A)
Outdoor dining areas - - AUP
At food service uses and
subject to the provisions
listed in
Section 18.36.190
Food Trucks P P -
On private property,
with property owner
permission and up to 2
hours
Hotel - UP UP
Including accessory
commercial and
business services uses
Medical offices - - UP
Offices - P UP Excluding medical
offices
Veterinarian offices and small
animal hospitals - P UP
Including short-term
overnight boarding of
animals for medical
purposes.
EDUCATIONAL SERVICES
Professional trade schools and
colleges - - UP
Limited to programs
serving persons 18 years
or older
INDUSTRIAL – MANUFACTURING
Building martials and products
Manufacturing and assembly of
prefabricated structures P P -
City Council/RSA Agenda 564 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit A (Clean), Page 4
Table 18.40.020 Land Use Regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific Use
Regulations/
Notes
Manufacturing and assembly of
porcelain and ceramic products
including bathroom and
kitchen fixtures and equipment
P P -
Kilns shall be fired only
by gas or electricity
Manufacturing and assembly of
building paper and building
board
P - -
Manufacturing and assembly of
building materials not
elsewhere listed in this table.
UP UP -
Chemicals and allied products manufacturing:
Manufacturing of candle and
paraffin products P UP UP Excluding the rendering of products Manufacturing and assembly of
pharmaceuticals and products
from the life sciences and
biotechnology industries
P P P
Manufacturing of soap,
detergents, and cleaning
preparations
P UP -
Excluding the refining or
rendering of fats and
oils
Manufacturing of perfumes,
cosmetics, and other toiletries
preparations
P UP -
Excluding the refining or
rendering of fats and
oils
Manufacturing and assembly of
plastic and rubber products, P UP UP Excluding tire manufacturing Electronic, Mechanical, and Scientific equipment
Manufacturing, assembly, and
repair of electrical and neon
signs including billboards and
commercial advertising
structures
P P -
Manufacturing and assembly of
scientific instruments and
devices, computer hardware
and software, semiconductors,
and computer chips
P P P
Manufacturing and assembly of
medical equipment P P P
City Council/RSA Agenda 565 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit A (Clean), Page 5
Table 18.40.020 Land Use Regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific Use
Regulations/
Notes
Manufacturing and assembly
of, optical goods, watches and
clocks, musical instruments and
camera and photographic
equipment
P P P
Manufacturing and assembly of
machinery, appliances and
fixtures
P UP -
Fabricated metal products
Finishing and plating of metal
products - UP -
Machine shops P P UP
Excluding the use of
drop hammers or punch
presses with a rated
capacity of over twenty
(20) tons
Manufacturing and assembly of
fabricated metal products not
elsewhere listed in this table
P P -
Manufacturing and assembly of
Transportation Equipment SEE BELOW
Assembly of bicycles P P P
Assembly of mass transit
equipment P UP -
Manufacturing and
assembly of motor vehicles,
trailers, motorcycles, and
associated parts and
equipment not elsewhere
listed in this table
P UP -
Manufacturing and
assembly of mass transit
equipment
P - -
Manufacturing and assembly of
products from previous
prepared materials such as
precious or semi-precious
metal
P UP UP
Manufacturing and assembly of
structural steel iron and pipe
including bars, girders, and rails
P - -
Food and kindred products
City Council/RSA Agenda 566 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit A (Clean), Page 6
Table 18.40.020 Land Use Regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific Use
Regulations/
Notes
Breweries, distilleries, and
wineries P P AUP
On-site tasting rooms for
Breweries, distilleries, and
wineries
- AUP AUP
Including accessory food
service and outdoor
dining areas subject to
the provisions listed in
Section 18.36.190
Manufacturing and bottling of
Beverages P P
Including soft drinks and
water
Manufacturing and packing of
bread, bakery, confectionery
and related products
P P -
Manufacturing and packing of
food products P P P
Excluding production of
fish or meat products,
sauerkraut, vinegar or
the like, or the
rendering or refining of
fats, oils
Manufacturing and packing of
food products P P -
Including processes such
as baking, cooking,
roasting, pasteurization
and extraction
Processing and packing of Dairy
products P - -
Processing and packing of Meat
products UP - - Excluding slaughtering
Sugar refining P - -
Furniture and fixtures
Manufacturing and assembly of
Cabinets
P P P
Manufacturing and assembly of
Household and office furniture,
and fixtures
P P -
Leather and allied products
Manufacturing and assembly of
leather products and
associated dyeing
P UP -
Excluding tanning and
curing
Lumber and wood products
Lumber yards UP* UP -
*Outdoor operations
only permitted in the
MG Zoning District
City Council/RSA Agenda 567 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit A (Clean), Page 7
Table 18.40.020 Land Use Regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific Use
Regulations/
Notes
Manufacturing and assembly of
wooden and cork products, not
elsewhere listed in this table
P P -
Sawmills UP - -
Paper, printing, publishing, and allied industries
Manufacturing and assembly of
paper and pulp goods not listed
elsewhere in this table
P UP -
Publishing, printing, and
binding of newspapers,
periodicals, books, cards,
forms, blank books and
circulars
P P UP
Stone, clay, and glass products
Gravel, rock and cement yards UP - - Including batch plans Fabrication of concrete
products P UP - Excluding batch plants
Manufacturing and assembly of
artisan products P P P
Including glass, tile and
clay
Manufacturing and assembly of
glass and pottery products P P -
Kilns shall be fired only
by gas or electricity
Manufacturing and assembly,
including cutting, polishing, and
setting of jewelry products and
products from precious or
semi-precious stone
P P P
Textile mill products
Manufacturing and assembly of
textile products including
apparel, not elsewhere listed in
this table
P* P* P
*Accessory dyeing and
finishing only Permitted
in the MG and ML
Zoning Districts
INDUSTRIAL SERVICES
Contractor services P P P
Contractor services with
accessory outdoor storage of
equipment or supplies
UP UP -
Industrial equipment sales and
rentals - P P
Industrial equipment sales and
rentals with accessory service
and/or outdoor storage
- AUP -
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City Council Study Session, April 11, 2023
Attachment 1: Exhibit A (Clean), Page 8
Table 18.40.020 Land Use Regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific Use
Regulations/
Notes
Industrial services including
painting, enameling,
lacquering, welding, and
sandblasting shops
UP UP -
Media production studios p P P
Maker space p P P
Printing, lithographing, and
engraving P P P
Research and development
laboratories and related
services
P P P
Including biotech
sciences, electronics
labs and pharmaceutical
research
RETAIL
Commercial cannabis business - P P
Subject to the zoning
requirements of Chapter
18.117 and the licensure
and regulatory
requirements of Chapter
5.44 Retail catalog and mail order
houses with warehouse and
distribution center that serve
as a point of sales
p P P
Retail sales of office or
business products, specialty
electronics, household
furnishings, appliances, etc
- - P
Retail sale of goods which are
manufactured, processed or
assembled (improved or
developed to a higher use by
machine or by hand) on the
premises
P P P
Retail stores incidental to and
on the same site with a
permitted or conditionally
permitted use
- P P
UTILITIES AND WASTE FACILITIES
Cogeneration plants UP - -
Public utilities, power stations,
electric substations, service
groups, and storage tanks
P P P
Provided they are
fenced and landscaped
City Council/RSA Agenda 569 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit A (Clean), Page 9
Table 18.40.020 Land Use Regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific Use
Regulations/
Notes
Recycling facilities with
accessory outdoor dropoff/sorting and storage of
equipment
UP UP -
Excluding any
operations which entail
the recycling of
hazardous materials
WAREHOUSE, WHOLESALE AND DISTRIBUTION
Cold Storage uses that do not
exceed 100,000 square feet UP UP -
Warehouse, wholesale and
distribution uses within
buildings which were built, or
approved by the Economic and
Community Development
Department, prior to August
22, 1996
- P -
Warehouse, wholesale and
distribution uses up to twentyfive (25,000) within buildings built since August 22, 1996
- P -
Warehouse, wholesale and
distribution uses over 25,000
square feet within buildings
built since August 22, 1996;
provided, that they either: (1)
generate sales tax revenues as
a point of sale, and/or (2)
Supports an existing Union City
manufacturing or assembly use
with a valid business license
- AUP -
Warehouse, wholesale, and
distribution uses that do not
exceed then thousand (10,000)
square feet
- - P
Warehouse, wholesale, and
distribution uses that do not
exceed twenty-five thousand
(25,000) square feet; provided,
that they either serve as a
point of sale for taxable goods
and/or supports an existing
Union City manufacturing or
assembly use with a valid
businesses license
- - P
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Attachment 1: Exhibit A (Clean), Page 10
Table 18.40.020 Land Use Regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific Use
Regulations/
Notes
MISCELLANEOUS USES
Civic facilities P P P
Industrial planned unit
development UP UP UP
Consistent with the
requirements of Chapter
18.44 18.40.030 Accessory Uses
A. Accessory structures and uses customarily incidental to any of the permitted uses listed in Table
18.40.020 when located on the same lot are permitted.
B. Accessory structures and uses customarily incidental to any of the conditional uses listed in Table
18.40.020 when located on the same lot are permitted only upon the granting of a conditional use permit pursuant to the provisions of Chapter 18.56.
C. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.
D. Accessory structures and uses shall be located within the area of the lot allowed for principal structures and uses and shall conform to the required front, side and rear yard setbacks.
18.40.040 Performance Standards
A. New or substantially modified industrial buildings shall be designed to limit warehouse, wholesale and distribution activities to a maximum of seventy-five percent (75%) of the gross floor area of the building with the remaining floor area used for assembly, manufacturing, research and development, sales, showrooms or office uses. This requirement can be waived by the decision maker if it can be found that the new or modified building will further the goals and policies of the Economic Development Element of the City’s General Plan.
B. No use shall be permitted which creates odors, noise, vibration, heat, glare, or electrical disturbance detectable by the human senses without the aid of instruments, beyond the boundaries of the site. However, such uses may be approved by the decision maker, if they specifically find that the use will not result in substandard conditions or otherwise have a detrimental effect on the surrounding properties.
C. Site shall be maintained in good order at all times and consistent with project conditions of approval (if applicable). This shall include, but not be limited to, maintenance and repair of all onsite structures including building façade materials or paint, fencing/walls, signage, paved areas including sidewalks and driveways, and landscaping, as may be necessary to preserve a highquality aesthetic for the area.
D. All uses shall comply with the regulations pertaining to hazardous materials contained in Chapter 18.43.
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E. Additions and modifications to industrial developments shall be designed to integrate with the existing development and shall be consistent with the standards included in Section 18.40.090.
F. All development shall comply with Chapter 7.04 related to management of solid waste, organic waste, and recyclable materials and shall be enclosed within the building or within an enclosure meeting the requirements of Section 7.04.55.
18.40.050 Development Standards.
A. Table 18.40.050, Development Standards—Industrial Districts, prescribes the development standards for Industrial Districts.
Table 18.40.050 Development Standards—Industrial Districts Standard Industrial District
General Industrial (MG) Light Industrial (ML) Special Industrial (MS) Site area,
Minimum
One Acre 20,000 Square feet 20,000 Square feet
Lot Coverage,
Maximum
75% 60% 60%
FAR, Maximum .75 1.0 1.0
Front Yard
Setback,
minimum
25 feet 25 feet 25 feet
50 feet when the front street frontage abuts on any district other than another industrial district (i.e., MG, ML, MS, and EMU).
Interior side
yard Setback,
minimum
10 feet 10 feet 10 feet
50 feet when the street side frontage abuts on any district other than another industrial (i.e., MG, ML, MS, and EMU) district.
Street side yard
setback,
Minimum
10 feet 10 feet Arterial. A minimum yard
of twenty-five (25) feet
shall be required from the
ultimate right-of-way line,
Other Streets. A minimum
yard of ten (10) feet shall
be required from the
ultimate right-of-way line,
50 feet when the front street frontage abuts on any district other than another industrial district (i.e., MG, ML, MS, and EMU).
Rear yard
Setback,
Minimum
10 feet 10 feet 10 feet
50 feet when the front street frontage abuts on any district other than another industrial district (i.e., MG, ML, MS, and EMU).
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Table 18.40.050 Development Standards—Industrial Districts Standard Industrial District
General Industrial (MG) Light Industrial (ML) Special Industrial (MS) Maximum
Height
100 feet 50 feet. This height limit
may be increased to a
maximum of seventy-five
(75) feet where the
decision maker finds that
the increase is necessary
to provide a more
beneficial site layout or
will result in public
benefits/amenities that
could not be achieved
under current zoning
standards.
40 feet. This height limit
may be increased to a
maximum of fifty-five (55)
feet where the decision
maker finds that the
increase is necessary to
provide a more beneficial
site layout or will result in
public benefits/amenities
that could not be achieved
under current zoning
standards.
Landscaping
minimum
10% 10% 15%
18.40.060 Supplemental Standards
A. Permitted Obstructions in required yards:
1. Roof overhangs as provided in Section 18.24.050
2. Pedestrian Paths
3. Street access driveways and associated curbing
4. Parking and loading facilities in side and rear yards not adjoining a street
5. Signage in conformance with Chapter 18.30
6. Railroad spur tracks, drill tracks, switches, bumpers, except that such uses shall not be permitted in required yards that adjoin any district other than another industrial district (i.e., MG, ML, MS, and EMU).
7. Walls and fences subject to the provision under Section 18.40.060(C)
8. Landscaping and landscape features as provided for in Section 18.40.060(E)
9. Public art
B. Signage
1. Signage shall be consistent with Chapter 18.30 and any approved sign plan or planned sign program. Signage shall be designed as an integral element of a building’s architecture and shall be compatible, including color and scale, with the building. A sign plan or planned sign program, consistent with Section 18.30.100, shall be required for any development.
C. Wall and Fences
1. In areas outside of the required yards, the maximum height shall be eight (8) feet above the surface of the ground.
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2. In the required rear and side yard, the maximum height shall be eight (8) feet above the surface of the ground.
3. In the required front yard,
a. the maximum height shall be three (3) feet above the surface of the ground, except that tubular streel fences with a maximum height of eight (8) feet may be allowed but shall be setback at least 20 feet from the property line.
4. In the required street side yard,
a. the maximum height shall be three (3) feet above the surface of the ground, except that tubular streel fences with a maximum height of eight (8) feet may be allowed but shall be setback at least 20 feet from the property line.
5. Where a site adjoins a district other than an industrial district (i.e., MG, ML, MS, and EMU), a solid wall, at least six (6) feet in height but not greater than eight (8) feet, shall be provided along the property line adjoining the nonindustrial district. Climbing vines, or similar landscaping, shall be provided along the exterior of the wall. When the wall is located within a required front yard, then said wall shall not exceed three (3) feet in height.
6. Any use not conducted entirely within an enclosed structure shall be screened by a solid wall, not less than six (6) feet or greater than ten (10) feet in height. No materials or equipment shall be stored to a height greater than that the wall.
7. The design of fences and walls shall aesthetically complement the development, be constructed of high-quality materials, be compatible with neighboring yards, fences and structures, and be subject to review and approval by the city prior to installation.
Acceptable materials along street frontages are deemed to be masonry, concrete, and tubular streel. New walls shall include a landscape strip in front to accommodate climbing vines or other suitable plant material to reduce the susceptibility for graffiti.
Wire mesh fencing is permitted along non-street facing property lines. The use of barbed wire, razor wire and cyclone (i.e., chain-link) fencing is prohibited.
D. Employee Amenity Areas.
1. All new development and additions that expand existing floor area by 25 percent or more, resulting in at least 10,000 square feet of floor area, shall provide an employee area of at least 300 square feet in size. The employee use area shall be identified and improved as passive or active recreational space, or indoor or outdoor amenities for the use and enjoyment of employees.
E. Sidewalks and Street Frontage Improvements.
1. Sidewalks, curbs, and gutters along a site’s frontage(s) shall be maintained to the satisfaction of the City Engineer. All new buildings, additions to buildings which increase existing square footage by fifty percent (50%) or more, or projects that include substantial site modifications, shall provide sidewalks, curbs, and gutters if none already exist. Improvements shall be installed consistent with City standards and specifications.
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F. Landscaping
1. New landscaping and modifications to existing landscaping shall comply with the provisions listed in Chapter 18.112 and the Landscape Standards Policy Statement.
2. Projects that include development of a vacant site or substantial modification of a developed site, shall provide landscaped areas that meet the minimums as provided for in Table 18.40.050 for the project site area. Projects that cannot provide the minimum amount of required landscaping shall pay a landscape in-lieu fee in the amount set forth in the City’s Master Fee Schedule subject to approval through the Site development review process.
3. All other areas not utilized for structures or paving shall be landscaped unless otherwise authorized by the decision maker because of site constraints, existing or adjacent site conditions, or phased development.
G. Equipment screening. Mechanical/utility equipment shall be sited and screened in accordance with the following:
1. In instances where mechanical equipment cannot be located within the building or undergrounded due to building code or utility provider requirements, it shall be adequately screened from off-site view and located at the rear of the site in an enclosure with walls matching the material and color of the building. The enclosure shall include gates or heavy gauge corrugated steel and shall be surrounded by trees, shrubs or climbing vines;
2. In instances where mechanical equipment is located on the building roof, roof top screening shall be provided, which is integrated into the building architecture; and
3. Alternate design, screening, or siting may be considered to meet utility provider requirements
H. Bicycle and pedestrian facilities. Projects that include development of a vacant site or substantial modification of a developed site shall accommodate bicycle and pedestrian facilities / access including:
1. Provisions for safe, well-lit and visually attractive pedestrian access from public streets to the parking areas and building entries;
2. Pedestrian pathways between buildings and parcels;
3. Publicly accessible pedestrian amenities which may include plazas, pocket parks, seating areas, fountains, public art, and/or eating areas;
4. Orientation of outdoor public spaces towards activated ground-floor building frontages.
18.40.070 Off Street Parking and Loading
A. Off-Street Parking. For each building constructed or use established, off-street parking shall be provided according to the following standards:
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Table 18.40.070 Off Street Parking
Use Minimum Off-Street Parking Requirements
Office 1.0 space / 300 square feet
Research and Development,
laboratory
1.0 space / 500 square feet
Manufacturing 1.0 Space / 1000 square feet, and
1.0 Truck/Trailer Space / 10,000 square feet
Warehouse, distribution and Storage 1.0 Space / 1000 Square feet, and
1.0 Space/ 300 Square feet of at least 25% of the gross floor area of the building and
1.0 Truck/Trailer Space / 10,000 square feet
Other Uses See Section 18.36.150
1. Flex Industrial buildings built without an end user selected and/or on speculation shall provide a minimum of one (1) parking space for each three hundred (300) square feet of the gross floor area for twenty-five percent (25%) of the building in addition to providing parking for the remaining seventy-five percent (75%) of the gross floor area consistent with the standards listed above.
2. All parking areas shall be designed and maintained in accordance with the provisions of Chapter 18.28.
3. In addition to the minimums above, one (1) parking space for each vehicle used in the conduct of the enterprise shall be provided.
4. Off-street parking requirements for other uses shall be provided on the same basis as required for the most similar use or as determined by the decision maker.
5. Truck trailer parking spaces shall have a minimum dimension of twelve (12) feet by fiftyfive (55) feet when parked perpendicular and twelve (12) feet by sixty-five (65) feet when parked parallel.
a. The number of truck trailer parking spaces required by section 18.40.070 may be decreased by the decision maker for a specific use if it is found that such use will not create as great a need for truck trailer parking and that the use is reasonably likely to continue for at least ten (10) years. b. The number of truck trailer parking spaces required by section 18.40.070 may be increased by the decision maker if it is found that a use will create an additional need for truck trailer parking.
6. When determined necessary by the decision maker to reasonably serve the anticipated use, visitor parking, in addition to the above requirements, shall be provided.
7. Parking Structures.
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a. Parking structure facades shall be designed as compatible visual extensions of the primary buildings.
b. Auto entries shall be located in a manner that minimizes pedestrian/auto conflicts.
c. Decorative screening or other decorative element constructed of durable, highquality materials shall be provided on parking structure facade.
B. Off street loading: For each building constructed or use established, off-street loading shall be provided according to the following:
1. Loading docks and berths shall be provided adequate to serve the use. Such facilities shall be located to the side and rear of buildings and shall be adequately screened and landscaped so as to not be visible from the public rights-of-way. Truck loading areas and activities shall not conflict with on-site circulation and parking. All truck loading doors and docks shall be screened from view by an architecturally acceptable decorative wall or other acceptable alternative which does not encroach into required landscaped areas.
2. Loading Berths. Loading berths shall be a minimum of ten (10) feet wide by twenty-five (25) feet long.
18.40.080 Bicycle Parking
A. Bicycle parking facilities shall be provided, at a minimum, in an amount equal to:
Table 18.40.080 Bicycle Parking
Use Short-Term Bicycle
Parking Requirements
Long-Term Bicycle
Parking Requirements
Retail 1.0 space / 3,000 square feet 1.0 space / 10,000 square feet Office, Research and
Development Lab,
1.0 space/20,000 square feet
Minimum of 2 spaces
1.0 space/ 7,000 square feet
Minimum of 2 spaces
Manufacturing, Warehouse,
distribution and Storage
1.0 space/20,000 square feet
Minimum of 2 spaces
1.0 space/ 7,000 square feet
Minimum of 2 spaces
B. Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080.
C. Bicycle parking may be substituted for automobile parking subject to the provisions outlined in Section 18.28.100 and approval by the decision maker.
D. The number of required bicycle parking facilities may be increased by the decision maker for a specific use if it is found that such a use shall create a greater demand for these facilities.
18.40.090 Design Criteria
A. Architectural standards. Buildings shall be designed with a contemporary or “Modern” vocabulary, using varied geometric volumes and a variety of high-quality materials (e.g. metal City Council/RSA Agenda 577 Tuesday, April 11, 2023
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and glass). The following shall apply to any new buildings, additions to buildings which increase existing square footage by fifty percent (50%) or more, or modifications to existing buildings which modify the exterior of the building:
1. To minimize overall massing building elevation shall incorporate the following:
a. Variations in wall plane, wall height, trim or reveals, entry and window openings, and/or varying colors and materials; and
b. Detailing including elements such as recesses, columns, living walls, score lines, reveals, trellises, lighting, or other features to create shadow patterns and depth on building elevations; and
c. Other elements as required by the decision maker
2. Blank walls should not occupy over thirty percent (30%) of the principal frontage, and a section of blank wall should not exceed twenty (20) linear feet without being interrupted by a variation in wall plane, wall height, trim or reveals, entry and window openings.
3. Design entries so that they are clearly defined and distinguishable from the street.
Incorporate architectural features such as awnings, canopies, trellises, and/or other treatments such as vertical architectural features or unique building colors or materials to clearly identify primary building entries.
4. A minimum of fifty percent (50%) of the building wall area located within twenty (20) feet of the midpoint of a primary building entrance shall be comprised of transparent windows or openings. Glass is considered transparent where it has a transparency higher than eighty percent (80%) and external reflectance of less than fifteen percent (15%).
B. Exterior materials. Exterior building materials shall be chosen based on character, durability, ease of maintenance and context, and may include:
1. Steel—Porcelain enamel panels, steel windows, steel exterior doors, steel rails and fences, painted, stainless or pre-weathered steel are acceptable
2. Aluminum—Windows, panels (luco-bond and aluminum plate), storefront, curtain wall, doors; aluminum should be natural finish anodized, powder-coated or kynar (no bronze anodized)
3. Other Metal
4. Glass—Clear, low-e, nonreflective, solar-bronze or solar gray glass, shadow boxes and spandrel glass is permitted
5. Brick, natural clay colors;
6. Stone
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7. Pre-cast concrete, glass-fiber reinforced concrete
8. High-quality, cast-in-place concrete
9. Ceramic tile
10. Cement plaster
11. Wood.
Chapter 18.43: Use of Hazardous Materials
18.43.010 Purpose.
Other provisions of this chapter and Title 15 notwithstanding, all use of hazardous materials shall be as regulated herein. Hazardous materials are substances which are capable of posing risk to health, safety or property. The hazard potential of a substance is based on its chemical properties, on the quantity of the material at a site, how it is stored and how it is used. The intent of this article is to reduce or eliminate hazards to the general public, including sensitive receptors, resulting from the potentially inappropriate location of facilities that use or store hazardous materials.
18.43.020 Standards.
The permitted on-site quantities and uses of hazardous materials shall be as listed in Table 18.43.050.
18.43.030 Hazardous materials classifications.
Hazard categories or classifications are defined in current Fire Code and Appendices for the City of Union City. Additional definitions are based on the definitions in Article I of Chapter 8.35 of the U.S. Department of Transportation (DOT) Code of Federal Regulations (CFR), Title 49, Parts 100 to 177, and in the Hazardous Materials Table, 49 CFR, Part 172.101, and as the foregoing may be amended. Hazardous materials classifications are listed below:
A. Group A representing those materials that pose a higher risk; B. Group B representing those materials that pose a more moderate risk; and C. Group C representing those materials that pose the least risk to health, safety, or property.
For purposes of this article, the table and table notes in Section 18.43.050 identify the categories of hazardous materials for each group.
18.43.040 Definition of hazardous materials facilities.
A. Bulk Plant (BP). Hazardous materials at the bulk plant level are manufactured, processed, or packaged but are not used on-site. Materials may be stored in large containers, railcars, tankers, drums, or cylinders. Bulk plant quantities are larger than the amount transported in or out in any single shipment.
B. Bulk Distribution Plant (BD). Hazardous materials at the bulk distribution plant level are collected, repackaged, and/or blended prior to being transported to other facilities. Materials are City Council/RSA Agenda 579 Tuesday, April 11, 2023
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transported to the site in unpackaged form and are transferred to storage containers by hose, pipeline or conveyor belt from railcars, tankers, large containers or drums. Materials are stored until transported out as finished or semi-finished products.
C. Large User Site (LU). Hazardous materials at a large user site are used as part of on-site operations. Materials are stored and used in various sized containers. Container size will vary depending on the nature of the on-site operations. Hazardous materials are used in processes to obtain finished goods which are not hazardous materials which then may be used on-site or shipped out. On-site storage of hazardous materials exceeds the following quantities: two hundred thousand (200,000) pounds for solids, twenty thousand (20,000) gallons for liquids, and eighty thousand (80,000) cubic feet at STP for compressed gases.
D. Large Storage Plant (LS). Hazardous materials at the large storage plant level are stored until they are distributed to other facilities. On-site storage of hazardous materials exceeds the following quantities: two hundred thousand (200,000) pounds for solids, twenty thousand (20,000) gallons for liquids, and eighty thousand (80,000) cubic feet at STP for compressed gases. Materials are warehoused in closed containers. No transfer of materials from one container to another takes place on-site. Containers may be handled individually, palletized, or unitized for purposes of transportation.
Packaging types may include cylinders, drums, boxes or portable tanks.
E. Medium User Site (MU). Hazardous materials at the medium user site are used as part of onsite operations. Materials are stored and used in various sized containers. Container size will vary depending on the nature of the on-site operations. Hazardous materials are used in processes to obtain finished goods which are not hazardous materials which then may be used on-site or shipped out. On-site storage of hazardous materials is between twenty-five thousand (25,000) to two hundred thousand (200,000) pounds for solids, two thousand seven hundred fifty (2,750) to twenty thousand (20,000) gallons for liquids, and ten thousand (10,000) to eighty thousand (80,000) cubic feet at STP for compressed gases.
F. Medium Storage Plant (MS). Hazardous materials at the medium storage plant are stored until they are distributed to other facilities. On-site storage of hazardous materials is between twenty-five thousand (25,000) to two hundred thousand (200,000) pounds for solids, two thousand seven hundred fifty (2,750) to twenty thousand (20,000) gallons for liquids, and ten thousand (10,000) to eighty thousand (80,000) cubic feet at STP for compressed gases. Materials are warehoused in closed containers. No transfer of materials from one container to another takes place on site. Containers may be handled individually, palletized, or unitized for purposes of transportation. Packaging types may include cylinders, drums, boxes, or bottles.
G. Small User Site (SU). Hazardous materials at a small user site are used as part of on-site operations. Materials are stored and used in various sized containers. Container size will vary depending on the nature of the on-site operations. Hazardous materials are used in processes to obtain finished goods which are not hazardous materials which then may be used on-site or shipped out. On-site storage of hazardous materials does not exceed twenty-five thousand (25,000) pounds for solids, two thousand seven hundred fifty (2,750) gallons for liquids, and ten thousand (10,000) cubic feet at STP for compressed gases.
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H. Small Storage Plant (SS). Hazardous materials at the small storage plant site are stored until they are distributed to other facilities. On-site storage of hazardous materials does not exceed twenty-five thousand (25,000) pounds for solids, two thousand seven hundred fifty (2,750) gallons for liquids, and ten thousand (10,000) cubic feet at STP for compressed gases. Materials are warehoused in closed containers. No transfer of materials from one container to another shall take place on-site. Containers may be handled individually, palletized, or unitized for purposes of transportation. Packaging types may include cylinders, drums, boxes, or bottles.
18.43.045 Quantity range definitions.
Range
Number
Range Amounts
1. Up to and including 500 pounds for solids, 55 gallons for liquids and 200 cubic feet at NTP for compressed gases.
2. Between 500 and 5,000 pounds for solids, 55 and 550 gallons for liquids and 200 to 2,000 cubic feet at NTP for compressed gases.
3. Between 5,000 and 25,000 pounds for solids, 550 and 2,750 gallons for liquids and 2,000 to 10,000 cubic feet at NTP for compressed gases.
4. Between 25,000 and 50,000 pounds for solids, 2,750 and 5,500 gallons for liquids and 10,000 to 20,000 cubic feet at NTP for compressed gases.
5. More than 50,000 pounds for solids, 5,500 gallons for liquids and 20,000 cubic feet at NTP for compressed gases.
18.43.050 Use table for on-site storage of hazardous materials.
Where indicated with the letters “AUP,” the use requires an administrative use permit. The administrative use permit procedure is described in Chapter 18.54. Where indicated with the letters “UP,” the use requires a use permit. The use permit procedure is described in Chapter 18.56. Where indicated with a “P,” the use is permitted. Where indicated with a dash (–), the use is not allowed.
Table 18.43.050 Use table for on-site storage of hazardous materials Type of Facility
Industrial Zoning District
MG ML MS SEE EMU
Group A chemicals and materials*: Class 3 and 4 oxidizers, compressed gases (corrosive, highly toxic, toxic, pyrophoric, unstable), cryogens (highly toxic, toxic, corrosive, pyrophoric, unstable), explosives and blasting agents, highly toxic materials, organic peroxides (unclassified, Class I and Class II), pyrophoric materials, radioactive materials (gamma emitters), unstable/reactives (Class 3 and Class 4), water reactive materials (Class 3)
City Council/RSA Agenda 581 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit A (Clean), Page 21
Table 18.43.050 Use table for on-site storage of hazardous materials Type of Facility
Industrial Zoning District
MG ML MS SEE EMU
Bulk Plant - - - - -
Bulk Distribution - - - - -
Large User Site UP UP UP UP UP
Large Storage Plant UP UP UP UP UP
Medium User Site UP UP UP UP UP
Medium Storage Plant UP UP UP UP UP
Small User Site AUP AUP AUP AUP AUP
Small Storage Plant AUP AUP AUP AUP AUP
Group B chemicals and materials*: Compressed gases (flammable and oxidizing), corrosive liquids and solids, cryogens (flammable and oxidizing), flammable liquids, flammable solids, organic peroxide materials (Class III, Class IV, Class V), oxidizing materials (Class 1 and Class 2), radioactive materials (alpha and beta emitters), target organ toxins, toxic materials, unstable/reactive materials (Class 1 and Class 2), water reactive materials (Class 1 and Class 2) Bulk Plant - - - - -
Bulk Distribution - - - - -
Large User Site UP UP UP UP UP
Large Storage Plant UP UP UP UP UP
Medium User Site P P AUP AUP AUP
Medium Storage Plant P P AUP AUP AUP
Small User Site P P P P P
Small Storage Plant P P P P P
Group C chemicals and materials*: combustible liquids and solids, compressed gases (inerts), cryogens (inerts), irritant materials, sensitizer materials, other health hazard materials Bulk Plant - - - - -
City Council/RSA Agenda 582 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit A (Clean), Page 22
Table 18.43.050 Use table for on-site storage of hazardous materials Type of Facility
Industrial Zoning District
MG ML MS SEE EMU
Bulk Distribution UP - - - -
Large User Site UP UP UP UP UP
Large Storage Plant UP UP UP UP UP
Medium User Site P P P P P
Medium Storage Plant P P P P P
Small User Site P P P P P
Small Storage Plant P P P P P
* All chemical and materials types listed above are included for reference purposes only. Final determination of hazard classification will be made by the Environmental Programs Division.
A. Table Notes.
1. Hazardous materials belonging to more than one (1) group or hazardous classification are subject to the regulations of the more stringent group or category.
2. Above-ground storage tanks for the storage of hazardous materials utilized in the day-today operations of a permitted or conditional use within an Industrial zoning district shall require Administrative Site Development Review if visible from the public way. All above-ground storage tanks shall be adequately screened from off site.
3. When a use permit or administrative use permit is required, in addition to the findings required under Chapter 18.56 or 18.54, respectively, the decision maker shall consider the recommendation of the Fire Department and the Environmental Programs Division based upon an evaluation of current codes, ordinances and referenced standards in conjunction with the following information: an inventory of all hazardous materials to be used or stored on site, a materials safety sheet (MSS) for each of the hazardous materials to be used on site, a list of equipment which utilizes or contains hazardous materials, information on the building construction type and information on the proposed method of handling and disposal of hazardous materials, as well as any mitigation features designed to reduce the level of risk posed by the hazardous materials.
4. Nano particles and bio-fuel blends shall be classified as hazardous materials. Hazard class grouping and permissibility of these materials shall be determined by the Zoning Administrator, in consultation with the Fire Department and Environmental Programs Division, based on available information.
5. The following exemptions from the requirements of this article shall apply:
City Council/RSA Agenda 583 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit A (Clean), Page 23
a. Storage, use or handling of the following gases in any quantities, whether in a gaseous, liquefied or cryogenic physical state: air (non-enriched), argon, helium, krypton, neon, nitrogen, and xenon. This exemption does not apply to bulk plants or bulk distribution plants.
b. Storage, use or handling of hazardous materials in quantities less than fifty-five (55) gallons, five hundred (500) pounds, and two hundred (200) cubic feet, for liquids, solids and gases respectively. This exemption does not apply to acutely hazardous materials and extremely hazardous substances, as defined in the Code of Federal Regulations and the California Health and Safety Code, which may require a CUPA permit from the Environmental Programs Division or preparation of a Risk Management Plan. c. Radioactive materials that are licensed, sealed sources, used for instruments, calibration devices and similar equipment, and materials exempted from regulation by the United States Nuclear Regulatory Commission.
d. On-site retail sales of common household hazardous materials in containers sized and packaged for use by the general public.
6. Ammonia refrigeration systems are subject to the provisions of this article.
B. Table Qualifiers. In addition to the regulations set forth in this article, all storage and use of hazardous materials must be in conformance with the provisions of Federal, State, and local laws and regulations, Uniform Codes and referenced standards, as may be amended.
Chapter 18.76 Site Development Review
18.76.010 Purpose.
Site development review is intended to promote orderly, attractive and harmonious development and the stability of land values and investments and the general welfare, by preventing the establishment of uses or the erection or maintenance of structures having unsightly, undesirable or obnoxious qualities which are not properly related to their sites, surroundings and traffic circulation in the vicinity, or which would not meet the specific intent clauses or performance standard requirement of the zoning title.
18.76.020 Applicability.
A. The site development review procedure shall apply to all proposed project in the all districts established under Title 18: Zoning.
B. The site development review procedure shall apply to all projects enumerated in subsection A of this section unless determined by the Director to qualify for administrative site development review as provided in Chapter 18.72.
C. The site development review procedure shall not apply to City projects on City-owned properties.
18.76.030 Application, fees and exhibits.
City Council/RSA Agenda 584 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit A (Clean), Page 24
A. An application for a site development review shall be made to the Planning Commission on a form prescribed by the Director which shall include the following data:
1. Name and address of the applicant;
2. Statement that the applicant is the owner of the property or is the authorized agent of the owner;
3. Address or description of the property;
4. Statement indicating the precise manner of compliance with each of the applicable provisions of this title together with any other data pertinent to the findings prerequisite to the granting of a site development review prescribed in this chapter; B. The application shall be accompanied by the items identified by the Formal Application Checklist as prescribed by the Director.
C. The application shall be accompanied by a fee in an amount established by resolution of the City Council.
D. All applications for site development review shall be filed through the Director for review and approval or disapproval by the Planning Commission prior to the issuance of any building permits.
18.76.040 Investigation.
The Director, upon receipt of an application for site development review, shall make such investigations as are necessary to determine whether or not the proposed use or structure conforms or may be conditioned to conform fully to the regulations for the district as herein set forth.
Such investigations shall include reports, upon referral, to other departments of the City, and any other public agency or district concerned.
If, in the opinion of the Director, the proposed use may cause the emission of dangerous or objectionable noise, odors, lights, dust, smoke or vibrations, the Director, with the consent of the applicant, may refer the application for investigation and report to one or more expert consultant(s) who shall report in writing to the Director and a copy of such report shall be furnished to the applicant.
The applicant shall be required to pay the fee for services of the consultant(s).
At the conclusion of such investigation, the Director shall prepare a report thereon which shall be submitted to the Planning Commission.
18.76.045 Findings for approval.
A. All of the following findings are required for approval of a site development review:
1. Approval of this application is consistent with the General Plan and any applicable specific plans;
2. Approval of this application is consistent with the purposes of this title and the requirements of the district in which the site is located; City Council/RSA Agenda 585 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit A (Clean), Page 25
3. Approval of this application is consistent with the purpose of site development review as outlined in Section 18.76.010.
B. A site development review may be revocable and may be granted subject to such conditions as are necessary to support the above findings.
C. The above findings are also required for any approval on appeal, or approval of a modification to a site development review.
18.76.050 Planning Commission public hearing—Notice.
The Planning Commission shall hold a public hearing for any application for a site development review permit. Notice of the public hearing shall be given pursuant to Section 18.52.082.
18.76.080 Planning Commission decision and appeals.
A. The Planning Commission may grant an application for a site development review as applied for or in modified form, if on the basis of the application and the evidence submitted, the Commission finds that the application complies with the findings set forth in Section 18.76.045. The Planning Commission may adopt additional conditions of approval as the facts warrant.
B. The Planning Commission may deny an application for site development review.
C. Decisions of the Planning Commission and appeals of such decisions shall be made in accordance with the provisions of Section 18.52.088.
18.76.095 Site development review modifications.
Applications to modify any site development review approval or any condition of approval shall be subject to the same procedures and regulations as those applicable to the original application.
In the event a site development review application is approved on property previously affected by a site development review approval, the previous approval and its conditions shall be null and void.
18.76.100 Site development review approval expiration.
A site development review approval shall be valid for one (1) year following the date on which the application became effective. The approval shall become null and void unless prior to the expiration of the year a building permit is issued by the Building Department and construction is commenced and diligently pursued toward completion on the site which was the subject of the site development review application or a certificate of occupancy is issued by the Building Department for the site or structure which was the subject of the site development review application. The phrase “construction is commenced” shall be defined for the purposes of this provision to mean the progress of actual building activity on the site in accordance with a valid building permit to a point such that the first inspection under the Uniform Building Code has been completed, including but not necessarily limited to the inspection of installed footings, reinforced steel, utility, plumbing, and electrical conduits and/or services and all other work or activity customarily and typically inspected prior to the first pouring of foundation concrete. Completion of only site preparation activities such as site clearance, grading or City Council/RSA Agenda 586 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit A (Clean), Page 26
excavation without commencement of actual building activity shall not constitute commencement of construction.
In the case where site development review approval was granted either concurrently with, or subsequently consistent with, an approved residential tentative map, the site development review approval shall be valid through the duration of the tentative map, as specified by Section 66452.6 of the California State Subdivision Map Act.
18.76.105 Site development review extension.
A. A site development review approval may be extended for an additional period of time not to exceed one (1) year no more than two (2) times. Each such request for extension must be submitted in writing to the Zoning Administrator prior to the expiration date of the site development review approval. The request for extension shall be accompanied by a fee in an amount established by resolution of the City Council. The Zoning Administrator may grant or deny an application for extension of a site development review approval. The Zoning Administrator may grant an extension if he or she finds that there has been no substantial change in the facts or circumstances present when the original application was approved.
B. Upon expiration of the site development review extension, the project shall be deemed to be expired and shall become null and void. Upon expiration, approval of a new site development review application shall be required prior to commencing with the project.
18.76.110 New application.
Following the denial of a site development review application, no application for the same or substantially the same project on the same or substantially the same site shall be filed within one (1) year from the date of denial of the application.
City Council/RSA Agenda 587 Tuesday, April 11, 2023
ATTACHMENT 1: EXHIBIT B (REDLINES)
Chapter 18.40 is repealed and replaced in its entirety.
Chapter 18.40 Industrial Districts
18.40.010 Purpose
The Industrial Districts are as follows:
General Industrial (MG): The purpose of the MG district is to provide space for a broad range of light to heavy industrial uses, including manufacturing, transportation, warehousing, and distribution uses. It is applied where unsightliness, noise, odor, traffic, and the hazards associated with certain industrial uses will not impact residential, commercial, schools, other less intense use areas.
Light Industrial (ML): The purpose of the ML district is to provide space for light manufacturing, assembly, and distribution of manufactured products, R&D facilities, industrial supply, incidental warehousing, offices, and supportive sales, which evidence no or very low nuisance characteristics. The ML district promotes high quality industrial and office park developments. The district applies to areas where nuisance characteristics of noise, odor, traffic generation, unsightliness, or hazardous materials manufacturing or storage are undesirable. Performance standards are applied to ensure minimum potential for adverse effects, that any unavoidable adverse effects are contained on-site, and that the general objective of a high standard of property and use maintenance is met.
Special Industrial (MS): The purpose of the MS district is to provide space for lightest industrial operations, including limited manufacturing, assembly, distribution of manufactured products, R&D facilities, incidental industrial supply, incidental warehousing, offices, and supportive sales, as well as limited commercial uses along major arterials. The MS district promotes high quality industrial and office park developments. The district applies to areas where nuisance characteristics of noise, odor, traffic generation, unsightliness or hazardous materials storage or handling are avoided, and almost all uses will be conducted entirely within enclosed buildings.
18.40.020 Use Regulations—Industrial Districts
Table 18.40.020 Use Regulations—Industrial Districts sets the land use regulations for the Industrial Districts by letter designation as follows unless a use or activity is prohibited or subject to a higher level of permit pursuant to other parts of this Section, other requirements of the Union City Municipal Code, or other applicable regulations:
"P" designates permitted uses.
"AUP" designates uses that are permitted subject to approval of an Administrative Use Permit (Chapter 18.54).
"UP" designates uses that are permitted subject to approval of a Conditional Use Permit (Chapter 18.56). "-" designates uses that are not allowed.
Any other use determined by the decision maker to be essentially the same or very similar to the uses in in table 18.40.020 may be permitted. In making this determination, the findings required under Section City Council/RSA Agenda 588 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit B (Redlines), Page 2
18.52.060 shall be addressed. Land uses defined in the Union City Municipal Code and not listed in the table or not found to be substantially similar to the uses below are prohibited. Unless otherwise explicitly stated, all uses shall be conducted indoor.
Table 18.40.020 Land Use Regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific Use
Regulations/
Notes
ASSEMBLY, ENTERTAINMENT, AND RECREATION
Conference center - - UP
Fitness and recreational
facilities - - UP
AUTOMOTIVE AND TRANSPORTATION
Automotive rentals - P P
Automotive repair and service - UP -
Including auto body and
paint shops
Automotive sales of new
vehicles - - UP
Accessory used vehicles
sales and service uses
permitted
Service stations - UP -
Subject to the following
conditions:
1. All operations
except the sale of fuel
and oil shall be
conducted in a building
enclosed on at least
three (3) sides
2. Pump Island shall be
located not closer than
twenty (20) feet to any
property line
3. No sale of alcoholic
beverages or food
products
4. No service station
marketeer
COMMERCIAL SERVICES
Banks and financial institutions - - UP Excluding check cashing businesses
Business services - P UP
Including copying,
printing, mailing
services and sign shops.
City Council/RSA Agenda 589 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit B (Redlines), Page 3
Table 18.40.020 Land Use Regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific Use
Regulations/
Notes
Childcare facilities - - UP
When conducted as an
integral part of a main
building or on a
proximate site/campus
and where the parent(s)
or guardian(s) of
children using such
facility remain on site,
or on a proximate site
Food service - - UP Excluding Drive-through
uses
Live music (non-amplified) - - AUP
At food service uses and
subject to the provisions
of Section 18.36.195(A)
Outdoor dining areas - - AUP
At food service uses and
subject to the provisions
listed in
Section 18.36.190
Food Trucks P P -
On private property,
with property owner
permission and up to 2
hours
Hotel - UP UP
Including accessory
commercial and
business services uses
Medical offices - - UP
Offices - P UP Excluding medical
offices
Veterinarian offices and small
animal hospitals - P UP
Including short-term
overnight boarding of
animals for medical
purposes.
EDUCATIONAL SERVICES
Professional trade schools and
colleges - - UP
Limited to programs
serving persons 18 years
or older
INDUSTRIAL – MANUFACTURING
Building martials and products
Manufacturing and assembly of
prefabricated structures P P -
City Council/RSA Agenda 590 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit B (Redlines), Page 4
Table 18.40.020 Land Use Regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific Use
Regulations/
Notes
Manufacturing and assembly of
porcelain and ceramic products
including bathroom and
kitchen fixtures and equipment
P P -
Kilns shall be fired only
by gas or electricity
Manufacturing and assembly of
building paper and building
board
P - -
Manufacturing and assembly of
building materials not
elsewhere listed in this table.
UP UP -
Chemicals and allied products manufacturing:
Manufacturing of candle and
paraffin products P UP UP Excluding the rendering of products Manufacturing and assembly of
pharmaceuticals and products
from the life sciences and
biotechnology industries
P P P
Manufacturing of soap,
detergents, and cleaning
preparations
P UP -
Excluding the refining or
rendering of fats and
oils
Manufacturing of perfumes,
cosmetics, and other toiletries
preparations
P UP -
Excluding the refining or
rendering of fats and
oils
Manufacturing and assembly of
plastic and rubber products, P UP UP Excluding tire manufacturing Electronic, Mechanical, and Scientific equipment
Manufacturing, assembly, and
repair of electrical and neon
signs including billboards and
commercial advertising
structures
P P -
Manufacturing and assembly of
scientific instruments and
devices, computer hardware
and software, semiconductors,
and computer chips
P P P
Manufacturing and assembly of
medical equipment P P P
City Council/RSA Agenda 591 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit B (Redlines), Page 5
Table 18.40.020 Land Use Regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific Use
Regulations/
Notes
Manufacturing and assembly
of, optical goods, watches and
clocks, musical instruments and
camera and photographic
equipment
P P P
Manufacturing and assembly of
machinery, appliances and
fixtures
P UP -
Fabricated metal products
Finishing and plating of metal
products - UP -
Machine shops P P UP
Excluding the use of
drop hammers or punch
presses with a rated
capacity of over twenty
(20) tons
Manufacturing and assembly of
fabricated metal products not
elsewhere listed in this table
P P -
Manufacturing and assembly of
Transportation Equipment SEE BELOW
Assembly of bicycles P P P
Assembly of mass transit
equipment P UP -
Manufacturing and
assembly of motor vehicles,
trailers, motorcycles, and
associated parts and
equipment not elsewhere
listed in this table
P UP -
Manufacturing and
assembly of mass transit
equipment
P - -
Manufacturing and assembly of
products from previous
prepared materials such as
precious or semi-precious
metal
P UP UP
Manufacturing and assembly of
structural steel iron and pipe
including bars, girders, and rails
P - -
Food and kindred products
City Council/RSA Agenda 592 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit B (Redlines), Page 6
Table 18.40.020 Land Use Regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific Use
Regulations/
Notes
Breweries, distilleries, and
wineries P P AUP
On-site tasting rooms for
Breweries, distilleries, and
wineries
- AUP AUP
Including accessory food
service and outdoor
dining areas subject to
the provisions listed in
Section 18.36.190
Manufacturing and bottling of
Beverages P P
Including soft drinks and
water
Manufacturing and packing of
bread, bakery, confectionery
and related products
P P -
Manufacturing and packing of
food products P P P
Excluding production of
fish or meat products,
sauerkraut, vinegar or
the like, or the
rendering or refining of
fats, oils
Manufacturing and packing of
food products P P -
Including processes such
as baking, cooking,
roasting, pasteurization
and extraction
Processing and packing of Dairy
products P - -
Processing and packing of Meat
products UP - - Excluding slaughtering
Sugar refining P - -
Furniture and fixtures
Manufacturing and assembly of
Cabinets
P P P
Manufacturing and assembly of
Household and office furniture,
and fixtures
P P -
Leather and allied products
Manufacturing and assembly of
leather products and
associated dyeing
P UP -
Excluding tanning and
curing
Lumber and wood products
Lumber yards UP* UP -
*Outdoor operations
only permitted in the
MG Zoning District
City Council/RSA Agenda 593 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit B (Redlines), Page 7
Table 18.40.020 Land Use Regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific Use
Regulations/
Notes
Manufacturing and assembly of
wooden and cork products, not
elsewhere listed in this table
P P -
Sawmills UP - -
Paper, printing, publishing, and allied industries
Manufacturing and assembly of
paper and pulp goods not listed
elsewhere in this table
P UP -
Publishing, printing, and
binding of newspapers,
periodicals, books, cards,
forms, blank books and
circulars
P P UP
Stone, clay, and glass products
Gravel, rock and cement yards UP - - Including batch plans Fabrication of concrete
products P UP - Excluding batch plants
Manufacturing and assembly of
artisan products P P P
Including glass, tile and
clay
Manufacturing and assembly of
glass and pottery products P P -
Kilns shall be fired only
by gas or electricity
Manufacturing and assembly,
including cutting, polishing, and
setting of jewelry products and
products from precious or
semi-precious stone
P P P
Textile mill products
Manufacturing and assembly of
textile products including
apparel, not elsewhere listed in
this table
P* P* P
*Accessory dyeing and
finishing only Permitted
in the MG and ML
Zoning Districts
INDUSTRIAL SERVICES
Contractor services P P P
Contractor services with
accessory outdoor storage of
equipment or supplies
UP UP -
Industrial equipment sales and
rentals - P P
Industrial equipment sales and
rentals with accessory service
and/or outdoor storage
- AUP -
City Council/RSA Agenda 594 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit B (Redlines), Page 8
Table 18.40.020 Land Use Regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific Use
Regulations/
Notes
Industrial services including
painting, enameling,
lacquering, welding, and
sandblasting shops
UP UP -
Media production studios p P P
Maker space p P P
Printing, lithographing, and
engraving P P P
Research and development
laboratories and related
services
P P P
Including biotech
sciences, electronics
labs and pharmaceutical
research
RETAIL
Commercial cannabis business - P P
Subject to the zoning
requirements of Chapter
18.117 and the licensure
and regulatory
requirements of Chapter
5.44 Retail catalog and mail order
houses with warehouse and
distribution center that serve
as a point of sales
p P P
Retail sales of office or
business products, specialty
electronics, household
furnishings, appliances, etc
- - P
Retail sale of goods which are
manufactured, processed or
assembled (improved or
developed to a higher use by
machine or by hand) on the
premises
P P P
Retail stores incidental to and
on the same site with a
permitted or conditionally
permitted use
- P P
UTILITIES AND WASTE FACILITIES
Cogeneration plants UP - -
Public utilities, power stations,
electric substations, service
groups, and storage tanks
P P P
Provided they are
fenced and landscaped
City Council/RSA Agenda 595 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit B (Redlines), Page 9
Table 18.40.020 Land Use Regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific Use
Regulations/
Notes
Recycling facilities with
accessory outdoor dropoff/sorting and storage of
equipment
UP UP -
Excluding any
operations which entail
the recycling of
hazardous materials
WAREHOUSE, WHOLESALE AND DISTRIBUTION
Cold Storage uses that do not
exceed 100,000 square feet UP UP -
Warehouse, wholesale and
distribution uses within
buildings which were built, or
approved by the Economic and
Community Development
Department, prior to August
22, 1996
- P -
Warehouse, wholesale and
distribution uses up to twentyfive (25,000) within buildings built since August 22, 1996
- P -
Warehouse, wholesale and
distribution uses over 25,000
square feet within buildings
built since August 22, 1996;
provided, that they either: (1)
generate sales tax revenues as
a point of sale, and/or (2)
Supports an existing Union City
manufacturing or assembly use
with a valid business license
- AUP -
Warehouse, wholesale, and
distribution uses that do not
exceed then thousand (10,000)
square feet
- - P
Warehouse, wholesale, and
distribution uses that do not
exceed twenty-five thousand
(25,000) square feet; provided,
that they either serve as a
point of sale for taxable goods
and/or supports an existing
Union City manufacturing or
assembly use with a valid
businesses license
- - P
City Council/RSA Agenda 596 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit B (Redlines), Page 10
Table 18.40.020 Land Use Regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific Use
Regulations/
Notes
MISCELLANEOUS USES
Civic facilities P P P
Industrial planned unit
development UP UP UP
Consistent with the
requirements of Chapter
18.44 18.40.030 Accessory Uses
A. Accessory structures and uses customarily incidental to any of the permitted uses listed in Table
18.40.020 when located on the same lot are permitted.
B. Accessory structures and uses customarily incidental to any of the conditional uses listed in Table
18.40.020 when located on the same lot are permitted only upon the granting of a conditional use permit pursuant to the provisions of Chapter 18.56.
C. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.
D. Accessory structures and uses shall be located within the area of the lot allowed for principal structures and uses and shall conform to the required front, side and rear yard setbacks.
18.40.040 Performance Standards
A. New or substantially modified industrial buildings shall be designed to limit warehouse, wholesale and distribution activities to a maximum of seventy-five percent (75%) of the gross floor area of the building with the remaining floor area used for assembly, manufacturing, research and development, sales, showrooms or office uses. This requirement can be waived by the decision maker if it can be found that the new or modified building will further the goals and policies of the Economic Development Element of the City’s General Plan.
B. No use shall be permitted which creates odors, noise, vibration, heat, glare, or electrical disturbance detectable by the human senses without the aid of instruments, beyond the boundaries of the site. However, such uses may be approved by the decision maker, if they specifically find that the use will not result in substandard conditions or otherwise have a detrimental effect on the surrounding properties.
C. Site shall be maintained in good order at all times and consistent with project conditions of approval (if applicable). This shall include, but not be limited to, maintenance and repair of all onsite structures including building façade materials or paint, fencing/walls, signage, paved areas including sidewalks and driveways, and landscaping, as may be necessary to preserve a highquality aesthetic for the area.
D. All uses shall comply with the regulations pertaining to hazardous materials contained in Chapter 18.43.
City Council/RSA Agenda 597 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit B (Redlines), Page 11
E. Additions and modifications to industrial developments shall be designed to integrate with the existing development and shall be consistent with the standards included in Section 18.40.090.
F. All development shall comply with Chapter 7.04 related to management of solid waste, organic waste, and recyclable materials and shall be enclosed within the building or within an enclosure meeting the requirements of Section 7.04.55.
18.40.050 Development Standards.
A. Table 18.40.050, Development Standards—Industrial Districts, prescribes the development standards for Industrial Districts.
Table 18.40.050 Development Standards—Industrial Districts Standard Industrial District
General Industrial (MG) Light Industrial (ML) Special Industrial (MS) Site area,
Minimum
One Acre 20,000 Square feet 20,000 Square feet
Lot Coverage,
Maximum
75% 60% 60%
FAR, Maximum .75 1.0 1.0
Front Yard
Setback,
minimum
25 feet 25 feet 25 feet
50 feet when the front street frontage abuts on any district other than another industrial district (i.e., MG, ML, MS, and EMU).
Interior side
yard Setback,
minimum
10 feet 10 feet 10 feet
50 feet when the street side frontage abuts on any district other than another industrial (i.e., MG, ML, MS, and EMU) district.
Street side yard
setback,
Minimum
10 feet 10 feet Arterial. A minimum yard
of twenty-five (25) feet
shall be required from the
ultimate right-of-way line,
Other Streets. A minimum
yard of ten (10) feet shall
be required from the
ultimate right-of-way line,
50 feet when the front street frontage abuts on any district other than another industrial district (i.e., MG, ML, MS, and EMU).
Rear yard
Setback,
Minimum
10 feet 10 feet 10 feet
50 feet when the front street frontage abuts on any district other than another industrial district (i.e., MG, ML, MS, and EMU).
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Table 18.40.050 Development Standards—Industrial Districts Standard Industrial District
General Industrial (MG) Light Industrial (ML) Special Industrial (MS) Maximum
Height
100 feet 50 feet. This height limit
may be increased to a
maximum of seventy-five
(75) feet where the
decision maker finds that
the increase is necessary
to provide a more
beneficial site layout or
will result in public
benefits/amenities that
could not be achieved
under current zoning
standards.
40 feet. This height limit
may be increased to a
maximum of fifty-five (55)
feet where the decision
maker finds that the
increase is necessary to
provide a more beneficial
site layout or will result in
public benefits/amenities
that could not be achieved
under current zoning
standards.
Landscaping
minimum
10% 10% 15%
18.40.060 Supplemental Standards
A. Permitted Obstructions in required yards:
1. Roof overhangs as provided in Section 18.24.050
2. Pedestrian Paths
3. Street access driveways and associated curbing
4. Parking and loading facilities in side and rear yards not adjoining a street
5. Signage in conformance with Chapter 18.30
6. Railroad spur tracks, drill tracks, switches, bumpers, except that such uses shall not be permitted in required yards that adjoin any district other than another industrial district (i.e., MG, ML, MS, and EMU).
7. Walls and fences subject to the provision under Section 18.40.060(C)
8. Landscaping and landscape features as provided for in Section 18.40.060(E)
9. Public art
B. Signage
1. Signage shall be consistent with Chapter 18.30 and any approved sign plan or planned sign program. Signage shall be designed as an integral element of a building’s architecture and shall be compatible, including color and scale, with the building. A sign plan or planned sign program, consistent with Section 18.30.100, shall be required for any development.
C. Wall and Fences
1. In areas outside of the required yards, the maximum height shall be eight (8) feet above the surface of the ground.
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2. In the required rear and side yard, the maximum height shall be eight (8) feet above the surface of the ground.
3. In the required front yard,
a. the maximum height shall be three (3) feet above the surface of the ground, except that tubular streel fences with a maximum height of eight (8) feet may be allowed but shall be setback at least 20 feet from the property line.
4. In the required street side yard,
a. the maximum height shall be three (3) feet above the surface of the ground, except that tubular streel fences with a maximum height of eight (8) feet may be allowed but shall be setback at least 20 feet from the property line.
5. Where a site adjoins a district other than an industrial district (i.e., MG, ML, MS, and EMU), a solid wall, at least six (6) feet in height but not greater than eight (8) feet, shall be provided along the property line adjoining the nonindustrial district. Climbing vines, or similar landscaping, shall be provided along the exterior of the wall. When the wall is located within a required front yard, then said wall shall not exceed three (3) feet in height.
6. Any use not conducted entirely within an enclosed structure shall be screened by a solid wall, not less than six (6) feet or greater than ten (10) feet in height. No materials or equipment shall be stored to a height greater than that the wall.
7. The design of fences and walls shall aesthetically complement the development, be constructed of high-quality materials, be compatible with neighboring yards, fences and structures, and be subject to review and approval by the city prior to installation.
Acceptable materials along street frontages are deemed to be masonry, concrete, and tubular streel. New walls shall include a landscape strip in front to accommodate climbing vines or other suitable plant material to reduce the susceptibility for graffiti.
Wire mesh fencing is permitted along non-street facing property lines. The use of barbed wire, razor wire and cyclone (i.e., chain-link) fencing is prohibited.
D. Employee Amenity Areas.
1. All new development and additions that expand existing floor area by 25 percent or more, resulting in at least 10,000 square feet of floor area, shall provide an employee area of at least 300 square feet in size. The employee use area shall be identified and improved as passive or active recreational space, or indoor or outdoor amenities for the use and enjoyment of employees.
E. Sidewalks and Street Frontage Improvements.
1. Sidewalks, curbs, and gutters along a site’s frontage(s) shall be maintained to the satisfaction of the City Engineer. All new buildings, additions to buildings which increase existing square footage by fifty percent (50%) or more, or projects that include substantial site modifications, shall provide sidewalks, curbs, and gutters if none already exist. Improvements shall be installed consistent with City standards and specifications.
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F. Landscaping
1. New landscaping and modifications to existing landscaping shall comply with the provisions listed in Chapter 18.112 and the Landscape Standards Policy Statement.
2. Projects that include development of a vacant site or substantial modification of a developed site, shall provide landscaped areas that meet the minimums as provided for in Table 18.40.050 for the project site area. Projects that cannot provide the minimum amount of required landscaping shall pay a landscape in-lieu fee in the amount set forth in the City’s Master Fee Schedule subject to approval through the Site development review process.
3. All other areas not utilized for structures or paving shall be landscaped unless otherwise authorized by the decision maker because of site constraints, existing or adjacent site conditions, or phased development.
G. Equipment screening. Mechanical/utility equipment shall be sited and screened in accordance with the following:
1. In instances where mechanical equipment cannot be located within the building or undergrounded due to building code or utility provider requirements, it shall be adequately screened from off-site view and located at the rear of the site in an enclosure with walls matching the material and color of the building. The enclosure shall include gates or heavy gauge corrugated steel and shall be surrounded by trees, shrubs or climbing vines;
2. In instances where mechanical equipment is located on the building roof, roof top screening shall be provided, which is integrated into the building architecture; and
3. Alternate design, screening, or siting may be considered to meet utility provider requirements
H. Bicycle and pedestrian facilities. Projects that include development of a vacant site or substantial modification of a developed site shall accommodate bicycle and pedestrian facilities / access including:
1. Provisions for safe, well-lit and visually attractive pedestrian access from public streets to the parking areas and building entries;
2. Pedestrian pathways between buildings and parcels;
3. Publicly accessible pedestrian amenities which may include plazas, pocket parks, seating areas, fountains, public art, and/or eating areas;
4. Orientation of outdoor public spaces towards activated ground-floor building frontages.
18.40.070 Off Street Parking and Loading
A. Off-Street Parking. For each building constructed or use established, off-street parking shall be provided according to the following standards:
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Table 18.40.070 Off Street Parking
Use Minimum Off-Street Parking Requirements
Office 1.0 space / 300 square feet
Research and Development,
laboratory
1.0 space / 500 square feet
Manufacturing 1.0 Space / 1000 square feet, and
1.0 Truck/Trailer Space / 10,000 square feet
Warehouse, distribution and Storage 1.0 Space / 1000 Square feet, and
1.0 Space/ 300 Square feet of at least 25% of the gross floor area of the building and
1.0 Truck/Trailer Space / 10,000 square feet
Other Uses See Section 18.36.150
1. Flex Industrial buildings built without an end user selected and/or on speculation shall provide a minimum of one (1) parking space for each three hundred (300) square feet of the gross floor area for twenty-five percent (25%) of the building in addition to providing parking for the remaining seventy-five percent (75%) of the gross floor area consistent with the standards listed above.
2. All parking areas shall be designed and maintained in accordance with the provisions of Chapter 18.28.
3. In addition to the minimums above, one (1) parking space for each vehicle used in the conduct of the enterprise shall be provided.
4. Off-street parking requirements for other uses shall be provided on the same basis as required for the most similar use or as determined by the decision maker.
5. Truck trailer parking spaces shall have a minimum dimension of twelve (12) feet by fiftyfive (55) feet when parked perpendicular and twelve (12) feet by sixty-five (65) feet when parked parallel.
a. The number of truck trailer parking spaces required by section 18.40.070 may be decreased by the decision maker for a specific use if it is found that such use will not create as great a need for truck trailer parking and that the use is reasonably likely to continue for at least ten (10) years. b. The number of truck trailer parking spaces required by section 18.40.070 may be increased by the decision maker if it is found that a use will create an additional need for truck trailer parking.
6. When determined necessary by the decision maker to reasonably serve the anticipated use, visitor parking, in addition to the above requirements, shall be provided.
7. Parking Structures.
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a. Parking structure facades shall be designed as compatible visual extensions of the primary buildings.
b. Auto entries shall be located in a manner that minimizes pedestrian/auto conflicts.
c. Decorative screening or other decorative element constructed of durable, highquality materials shall be provided on parking structure facade.
B. Off street loading: For each building constructed or use established, off-street loading shall be provided according to the following:
1. Loading docks and berths shall be provided adequate to serve the use. Such facilities shall be located to the side and rear of buildings and shall be adequately screened and landscaped so as to not be visible from the public rights-of-way. Truck loading areas and activities shall not conflict with on-site circulation and parking. All truck loading doors and docks shall be screened from view by an architecturally acceptable decorative wall or other acceptable alternative which does not encroach into required landscaped areas.
2. Loading Berths. Loading berths shall be a minimum of ten (10) feet wide by twenty-five (25) feet long.
18.40.080 Bicycle Parking
A. Bicycle parking facilities shall be provided, at a minimum, in an amount equal to:
Table 18.40.080 Bicycle Parking
Use Short-Term Bicycle
Parking Requirements
Long-Term Bicycle
Parking Requirements
Retail 1.0 space / 3,000 square feet 1.0 space / 10,000 square feet Office, Research and
Development Lab,
1.0 space/20,000 square feet
Minimum of 2 spaces
1.0 space/ 7,000 square feet
Minimum of 2 spaces
Manufacturing, Warehouse,
distribution and Storage
1.0 space/20,000 square feet
Minimum of 2 spaces
1.0 space/ 7,000 square feet
Minimum of 2 spaces
B. Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080.
C. Bicycle parking may be substituted for automobile parking subject to the provisions outlined in Section 18.28.100 and approval by the decision maker.
D. The number of required bicycle parking facilities may be increased by the decision maker for a specific use if it is found that such a use shall create a greater demand for these facilities.
18.40.090 Design Criteria
A. Architectural standards. Buildings shall be designed with a contemporary or “Modern” vocabulary, using varied geometric volumes and a variety of high-quality materials (e.g. metal City Council/RSA Agenda 603 Tuesday, April 11, 2023
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and glass). The following shall apply to any new buildings, additions to buildings which increase existing square footage by fifty percent (50%) or more, or modifications to existing buildings which modify the exterior of the building:
1. To minimize overall massing building elevation shall incorporate the following:
a. Variations in wall plane, wall height, trim or reveals, entry and window openings, and/or varying colors and materials; and
b. Detailing including elements such as recesses, columns, living walls, score lines, reveals, trellises, lighting, or other features to create shadow patterns and depth on building elevations; and
c. Other elements as required by the decision maker
2. Blank walls should not occupy over thirty percent (30%) of the principal frontage, and a section of blank wall should not exceed twenty (20) linear feet without being interrupted by a variation in wall plane, wall height, trim or reveals, entry and window openings.
3. Design entries so that they are clearly defined and distinguishable from the street.
Incorporate architectural features such as awnings, canopies, trellises, and/or other treatments such as vertical architectural features or unique building colors or materials to clearly identify primary building entries.
4. A minimum of fifty percent (50%) of the building wall area located within twenty (20) feet of the midpoint of a primary building entrance shall be comprised of transparent windows or openings. Glass is considered transparent where it has a transparency higher than eighty percent (80%) and external reflectance of less than fifteen percent (15%).
B. Exterior materials. Exterior building materials shall be chosen based on character, durability, ease of maintenance and context, and may include:
1. Steel—Porcelain enamel panels, steel windows, steel exterior doors, steel rails and fences, painted, stainless or pre-weathered steel are acceptable
2. Aluminum—Windows, panels (luco-bond and aluminum plate), storefront, curtain wall, doors; aluminum should be natural finish anodized, powder-coated or kynar (no bronze anodized)
3. Other Metal
4. Glass—Clear, low-e, nonreflective, solar-bronze or solar gray glass, shadow boxes and spandrel glass is permitted
5. Brick, natural clay colors;
6. Stone
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7. Pre-cast concrete, glass-fiber reinforced concrete
8. High-quality, cast-in-place concrete
9. Ceramic tile
10. Cement plaster
11. Wood.
Chapter 18.43: Use of Hazardous Materials
18.43.010 Purpose.
Other provisions of this chapter and Title 15 notwithstanding, all use of hazardous materials shall be as regulated herein. Hazardous materials are substances which are capable of posing risk to health, safety or property. The hazard potential of a substance is based on its chemical properties, on the quantity of the material at a site, how it is stored and how it is used. The intent of this article is to reduce or eliminate hazards to the general public, including sensitive receptors, resulting from the potentially inappropriate location of facilities that use or store hazardous materials.
18.43.020 Standards.
The permitted on-site quantities and uses of hazardous materials shall be as listed in Table 18.43.050.
18.43.030 Hazardous materials classifications.
Hazard categories or classifications are defined in current Fire Code and Appendices for the City of Union City. Additional definitions are based on the definitions in Article I of Chapter 8.35 of the U.S. Department of Transportation (DOT) Code of Federal Regulations (CFR), Title 49, Parts 100 to 177, and in the Hazardous Materials Table, 49 CFR, Part 172.101, and as the foregoing may be amended. Hazardous materials classifications are listed below:
A. Group A representing those materials that pose a higher risk; B. Group B representing those materials that pose a more moderate risk; and C. Group C representing those materials that pose the least risk to health, safety, or property.
For purposes of this article, the table and table notes in Section 18.43.050 identify the categories of hazardous materials for each group.
18.43.040 Definition of hazardous materials facilities.
A. Bulk Plant (BP). Hazardous materials at the bulk plant level are manufactured, processed, or packaged but are not used on-site. Materials may be stored in large containers, railcars, tankers, drums, or cylinders. Bulk plant quantities are larger than the amount transported in or out in any single shipment.
B. Bulk Distribution Plant (BD). Hazardous materials at the bulk distribution plant level are collected, repackaged, and/or blended prior to being transported to other facilities. Materials are City Council/RSA Agenda 605 Tuesday, April 11, 2023
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transported to the site in unpackaged form and are transferred to storage containers by hose, pipeline or conveyor belt from railcars, tankers, large containers or drums. Materials are stored until transported out as finished or semi-finished products.
C. Large User Site (LU). Hazardous materials at a large user site are used as part of on-site operations. Materials are stored and used in various sized containers. Container size will vary depending on the nature of the on-site operations. Hazardous materials are used in processes to obtain finished goods which are not hazardous materials which then may be used on-site or shipped out. On-site storage of hazardous materials exceeds the following quantities: two hundred thousand (200,000) pounds for solids, twenty thousand (20,000) gallons for liquids, and eighty thousand (80,000) cubic feet at STP for compressed gases.
D. Large Storage Plant (LS). Hazardous materials at the large storage plant level are stored until they are distributed to other facilities. On-site storage of hazardous materials exceeds the following quantities: two hundred thousand (200,000) pounds for solids, twenty thousand (20,000) gallons for liquids, and eighty thousand (80,000) cubic feet at STP for compressed gases. Materials are warehoused in closed containers. No transfer of materials from one container to another takes place on-site. Containers may be handled individually, palletized, or unitized for purposes of transportation.
Packaging types may include cylinders, drums, boxes or portable tanks.
E. Medium User Site (MU). Hazardous materials at the medium user site are used as part of onsite operations. Materials are stored and used in various sized containers. Container size will vary depending on the nature of the on-site operations. Hazardous materials are used in processes to obtain finished goods which are not hazardous materials which then may be used on-site or shipped out. On-site storage of hazardous materials is between twenty-five thousand (25,000) to two hundred thousand (200,000) pounds for solids, two thousand seven hundred fifty (2,750) to twenty thousand (20,000) gallons for liquids, and ten thousand (10,000) to eighty thousand (80,000) cubic feet at STP for compressed gases.
F. Medium Storage Plant (MS). Hazardous materials at the medium storage plant are stored until they are distributed to other facilities. On-site storage of hazardous materials is between twenty-five thousand (25,000) to two hundred thousand (200,000) pounds for solids, two thousand seven hundred fifty (2,750) to twenty thousand (20,000) gallons for liquids, and ten thousand (10,000) to eighty thousand (80,000) cubic feet at STP for compressed gases. Materials are warehoused in closed containers. No transfer of materials from one container to another takes place on site. Containers may be handled individually, palletized, or unitized for purposes of transportation. Packaging types may include cylinders, drums, boxes, or bottles.
G. Small User Site (SU). Hazardous materials at a small user site are used as part of on-site operations. Materials are stored and used in various sized containers. Container size will vary depending on the nature of the on-site operations. Hazardous materials are used in processes to obtain finished goods which are not hazardous materials which then may be used on-site or shipped out. On-site storage of hazardous materials does not exceed twenty-five thousand (25,000) pounds for solids, two thousand seven hundred fifty (2,750) gallons for liquids, and ten thousand (10,000) cubic feet at STP for compressed gases.
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H. Small Storage Plant (SS). Hazardous materials at the small storage plant site are stored until they are distributed to other facilities. On-site storage of hazardous materials does not exceed twenty-five thousand (25,000) pounds for solids, two thousand seven hundred fifty (2,750) gallons for liquids, and ten thousand (10,000) cubic feet at STP for compressed gases. Materials are warehoused in closed containers. No transfer of materials from one container to another shall take place on-site. Containers may be handled individually, palletized, or unitized for purposes of transportation. Packaging types may include cylinders, drums, boxes, or bottles.
18.43.045 Quantity range definitions.
Range
Number
Range Amounts
1. Up to and including 500 pounds for solids, 55 gallons for liquids and 200 cubic feet at NTP for compressed gases.
2. Between 500 and 5,000 pounds for solids, 55 and 550 gallons for liquids and 200 to 2,000 cubic feet at NTP for compressed gases.
3. Between 5,000 and 25,000 pounds for solids, 550 and 2,750 gallons for liquids and 2,000 to 10,000 cubic feet at NTP for compressed gases.
4. Between 25,000 and 50,000 pounds for solids, 2,750 and 5,500 gallons for liquids and 10,000 to 20,000 cubic feet at NTP for compressed gases.
5. More than 50,000 pounds for solids, 5,500 gallons for liquids and 20,000 cubic feet at NTP for compressed gases.
18.43.050 Use table for on-site storage of hazardous materials.
Where indicated with the letters “AUP,” the use requires an administrative use permit. The administrative use permit procedure is described in Chapter 18.54. Where indicated with the letters “UP,” the use requires a use permit. The use permit procedure is described in Chapter 18.56. Where indicated with a “P,” the use is permitted. Where indicated with a dash (–), the use is not allowed.
Table 18.43.050 Use table for on-site storage of hazardous materials Type of Facility
Industrial Zoning District
MG ML MS SEE EMU
Group A chemicals and materials*: Class 3 and 4 oxidizers, compressed gases (corrosive, highly toxic, toxic, pyrophoric, unstable), cryogens (highly toxic, toxic, corrosive, pyrophoric, unstable), explosives and blasting agents, highly toxic materials, organic peroxides (unclassified, Class I and Class II), pyrophoric materials, radioactive materials (gamma emitters), unstable/reactives (Class 3 and Class 4), water reactive materials (Class 3)
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Table 18.43.050 Use table for on-site storage of hazardous materials Type of Facility
Industrial Zoning District
MG ML MS SEE EMU
Bulk Plant - - - - -
Bulk Distribution - - - - -
Large User Site UP UP UP UP UP
Large Storage Plant UP UP UP UP UP
Medium User Site UP UP UP UP UP
Medium Storage Plant UP UP UP UP UP
Small User Site AUP AUP AUP AUP AUP
Small Storage Plant AUP AUP AUP AUP AUP
Group B chemicals and materials*: Compressed gases (flammable and oxidizing), corrosive liquids and solids, cryogens (flammable and oxidizing), flammable liquids, flammable solids, organic peroxide materials (Class III, Class IV, Class V), oxidizing materials (Class 1 and Class 2), radioactive materials (alpha and beta emitters), target organ toxins, toxic materials, unstable/reactive materials (Class 1 and Class 2), water reactive materials (Class 1 and Class 2) Bulk Plant - - - - -
Bulk Distribution - - - - -
Large User Site UP UP UP UP UP
Large Storage Plant UP UP UP UP UP
Medium User Site P P AUP AUP AUP
Medium Storage Plant P P AUP AUP AUP
Small User Site P P P P P
Small Storage Plant P P P P P
Group C chemicals and materials*: combustible liquids and solids, compressed gases (inerts), cryogens (inerts), irritant materials, sensitizer materials, other health hazard materials Bulk Plant - - - - -
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Table 18.43.050 Use table for on-site storage of hazardous materials Type of Facility
Industrial Zoning District
MG ML MS SEE EMU
Bulk Distribution UP - - - -
Large User Site UP UP UP UP UP
Large Storage Plant UP UP UP UP UP
Medium User Site P P P P P
Medium Storage Plant P P P P P
Small User Site P P P P P
Small Storage Plant P P P P P
* All chemical and materials types listed above are included for reference purposes only. Final determination of hazard classification will be made by the Environmental Programs Division.
A. Table Notes.
1. Hazardous materials belonging to more than one (1) group or hazardous classification are subject to the regulations of the more stringent group or category.
2. Above-ground storage tanks for the storage of hazardous materials utilized in the day-today operations of a permitted or conditional use within an Industrial zoning district shall require Administrative Site Development Review if visible from the public way. All above-ground storage tanks shall be adequately screened from off site.
3. When a use permit or administrative use permit is required, in addition to the findings required under Chapter 18.56 or 18.54, respectively, the decision maker shall consider the recommendation of the Fire Department and the Environmental Programs Division based upon an evaluation of current codes, ordinances and referenced standards in conjunction with the following information: an inventory of all hazardous materials to be used or stored on site, a materials safety sheet (MSS) for each of the hazardous materials to be used on site, a list of equipment which utilizes or contains hazardous materials, information on the building construction type and information on the proposed method of handling and disposal of hazardous materials, as well as any mitigation features designed to reduce the level of risk posed by the hazardous materials.
4. Nano particles and bio-fuel blends shall be classified as hazardous materials. Hazard class grouping and permissibility of these materials shall be determined by the Zoning Administrator, in consultation with the Fire Department and Environmental Programs Division, based on available information.
5. The following exemptions from the requirements of this article shall apply:
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a. Storage, use or handling of the following gases in any quantities, whether in a gaseous, liquefied or cryogenic physical state: air (non-enriched), argon, helium, krypton, neon, nitrogen, and xenon. This exemption does not apply to bulk plants or bulk distribution plants.
b. Storage, use or handling of hazardous materials in quantities less than fifty-five (55) gallons, five hundred (500) pounds, and two hundred (200) cubic feet, for liquids, solids and gases respectively. This exemption does not apply to acutely hazardous materials and extremely hazardous substances, as defined in the Code of Federal Regulations and the California Health and Safety Code, which may require a CUPA permit from the Environmental Programs Division or preparation of a Risk Management Plan. c. Radioactive materials that are licensed, sealed sources, used for instruments, calibration devices and similar equipment, and materials exempted from regulation by the United States Nuclear Regulatory Commission.
d. On-site retail sales of common household hazardous materials in containers sized and packaged for use by the general public.
6. Ammonia refrigeration systems are subject to the provisions of this article.
B. Table Qualifiers. In addition to the regulations set forth in this article, all storage and use of hazardous materials must be in conformance with the provisions of Federal, State, and local laws and regulations, Uniform Codes and referenced standards, as may be amended.
Chapter 18.76 Site Development Review
18.76.010 Purpose.
Site development review is intended to promote orderly, attractive and harmonious development and the stability of land values and investments and the general welfare, by preventing the establishment of uses or the erection or maintenance of structures having unsightly, undesirable or obnoxious qualities which are not properly related to their sites, surroundings and traffic circulation in the vicinity, or which would not meet the specific intent clauses or performance standard requirement of the zoning title.
18.76.020 Applicability.
A. The site development review procedure shall apply to all proposed uses project in the following districtsall districts established under Title 18: Zoning.
Residential districts;
Hillside combining (-H) district;
Commercial (CPA, CN, CS, CC, CVR) districts;
Station East Employment (SEE) district;
Corridor Mixed Use (CMU) district;
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Marketplace Mixed Use (MMU) district;
Station East Mixed Use Residential (SEMU-R) district;
Village Mixed Use (VMU) district;
Station Mixed Use Commercial (CSMU) district;
Union Landing Commercial (CUL) district;
Private Institutional (PI) district;
Industrial (MS, ML, MG) districts;
Agricultural (A) district;
Civic Center design control (CCDCD) district;
Landmark and Historic Preservation (LHP) Overlay Zone.
B. The site development review procedure shall apply to all projects enumerated in subsection A of this section unless determined by the Director to qualify for administrative site development review as provided in Chapter 18.72.
C. The site development review procedure shall not apply to City projects on City-owned properties.
18.76.030 Application, fees and exhibits.
A. An application for a site development review shall be made to the City Council Planning Commission on a form prescribed by the Director which shall include the following data:
1. Name and address of the applicant;
2. Statement that the applicant is the owner of the property or is the authorized agent of the owner;
3. Address or description of the property;
4. Statement indicating the precise manner of compliance with each of the applicable provisions of this title together with any other data pertinent to the findings prerequisite to the granting of a site development review prescribed in this chapter; B. The application shall be accompanied by the items identified by the Formal Application Checklist as prescribed by the Director. The application shall be accompanied by the following items:
1. A mailing list on mailing labels of adjacent property owners and/or occupants for the purpose of providing notice of the pending application.
2. A site plan prepared by a licensed civil engineer, land surveyor, architect, landscape architect or building designer; provided, however, that the boundary and topographic survey on the site plan shall be prepared by a licensed civil engineer or land surveyor whose seal shall City Council/RSA Agenda 611 Tuesday, April 11, 2023
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appear on the site plan. The site plan shall show existing and proposed locations of streets, utilities, and drainage facilities, property lines, structures, driveways, pedestrian walks, offstreet parking and off-street loading facilities and landscaped areas. The site plan shall be drawn to scale and shall indicate clearly and with full dimension the following information:
a. The registration number and signature of person or persons preparing the plan; b. Parcel dimension in distance and bearings;
c. All existing and proposed building and structures—location, size, height and proposed uses, including front, side and rear elevations of proposed buildings showing architectural detail and exterior materials;
d. Existing and proposed elevation and contours of lots and buildings; e. Yards and open spaces between buildings;
f. Walls and fences—location, height, and materials;
g. Off-Street Parking. Location, number of spaces, dimension or parking area, and internal circulation pattern, yard lighting and landscaping; h. Access. Pedestrian, vehicular, service, points of ingress and egress, internal circulation, design and improvements;
i. Street dedication and improvements, existing and proposed, if any; j. Proposed storm drainage plan with substantiating calculations; k. All existing trees which are twelve (12) inches or greater in circumference measured at thirty-six (36) inches above grade: type, size, location, dripline, condition and indication if tree is being saved or removed;
l. Complete landscape plan pursuant to the landscape standards policy statement; m. Site plans for other than residential uses shall contain the following additional information:
i. Signs. Locations, size, height, types of materials and lighting, ii. Loading. Location, dimensions, number of spaces and internal circulation, iii. Lighting. Location and general nature.
3. Such other data, such as cross-sections, soils reports, arborist report, and a statement of use as may be required under the circumstances of each application to permit the City Council to make the required findings.
C. The application shall be accompanied by a fee in an amount established by resolution of the City Council.
City Council/RSA Agenda 612 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit B (Redlines), Page 26
D. All applications for site development review shall be filed through the Director for review and approval or disapproval by the City CouncilPlanning Commission prior to the issuance of any building permits.
18.76.040 Investigation.
The Director, upon receipt of an application for site development review, shall make such investigations as are necessary to determine whether or not the proposed use or structure conforms or may be conditioned to conform fully to the regulations for the district as herein set forth.
Such investigations shall include reports, upon referral, to other departments of the City, and any other public agency or district concerned.
If, in the opinion of the Director, the proposed use may cause the emission of dangerous or objectionable noise, odors, lights, dust, smoke or vibrations, the Director, with the consent of the applicant, may refer the application for investigation and report to one or more expert consultant(s) who shall report in writing to the Director and a copy of such report shall be furnished to the applicant.
The applicant shall be required to pay the fee for services of the consultant(s).
At the conclusion of such investigation, the Director shall prepare a report thereon which shall be submitted to the Planning Commission and City Council.
18.76.045 Findings for approval.
A. All of the following findings are required for approval of a site development review:
1. Approval of this application is consistent with the General Plan and any applicable specific plans;
2. Approval of this application is consistent with the purposes of this title and the requirements of the district in which the site is located;
3. Approval of this application is consistent with the purpose of site development review as outlined in Section 18.76.010.
B. A site development review may be revocable and may be granted subject to such conditions as are necessary to support the above findings.
C. The above findings are also required for any approval on appeal, or approval of a modification to a site development review.
18.76.050 Planning Commission public hearing—Notice.
The Planning Commission shall hold a public hearing for any application for a site development review permit. Notice of the public hearing shall be given pursuant to Section 18.52.082.
18.76.080 Planning Commission recommendationdecision and appeals.
A. The Planning Commission may grant an application for a site development review as applied for or in modified form, if on the basis of the application and the evidence submitted, the Commission finds City Council/RSA Agenda 613 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit B (Redlines), Page 27
that the application complies with the findings set forth in Section 18.76.045. The Planning Commission may adopt additional conditions of approval as the facts warrant.
B. The Planning Commission may deny an application for site development review. The Planning Commission shall transmit a written recommendation to the City Council that the application be approved, conditionally approved or denied, based on compliance with the findings set forth in Section
18.76.045.
C. Decisions of the Planning Commission and appeals of such decisions shall be made in accordance with the provisions of Section 18.52.088.
18.76.085 City Council public hearing—Notice
The City Council shall hold a public hearing on the application. Notice of the public hearing shall be given pursuant to Section 18.52.082.
18.76.090 City Council decision.
A. The City Council may grant an application for a site development review as applied for or in modified form, if on the basis of the application and the evidence submitted, the Council finds that the application complies with the findings set forth in Section 18.76.045. The City Council may adopt additional conditions of approval as the facts warrant.
B. The City Council may deny an application for site development review.
18.76.095 Site development review modifications.
Applications to modify any site development review approval or any condition of approval shall be subject to the same procedures and regulations as those applicable to the original application.
In the event a site development review application is approved on property previously affected by a site development review approval, the previous approval and its conditions shall be null and void.
18.76.100 Site development review approval expiration.
A site development review approval shall be valid for one (1) year following the date on which the application became effective. The approval shall become null and void unless prior to the expiration of the year a building permit is issued by the Building Department and construction is commenced and diligently pursued toward completion on the site which was the subject of the site development review application or a certificate of occupancy is issued by the Building Department for the site or structure which was the subject of the site development review application. The phrase “construction is commenced” shall be defined for the purposes of this provision to mean the progress of actual building activity on the site in accordance with a valid building permit to a point such that the first inspection under the Uniform Building Code has been completed, including but not necessarily limited to the inspection of installed footings, reinforced steel, utility, plumbing, and electrical conduits and/or services and all other work or activity customarily and typically inspected prior to the first pouring of foundation concrete. Completion of only site preparation activities such as site clearance, grading or excavation without commencement of actual building activity shall not constitute commencement of construction.
City Council/RSA Agenda 614 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit B (Redlines), Page 28
In the case where site development review approval was granted either concurrently with, or subsequently consistent with, an approved residential tentative map, the site development review approval shall be valid through the duration of the tentative map, as specified by Section 66452.6 of the California State Subdivision Map Act.
18.76.105 Site development review extension.
A. A site development review approval may be extended for an additional period of time not to exceed one (1) year no more than two (2) times. Each such request for extension must be submitted in writing to the Zoning Administrator prior to the expiration date of the site development review approval. The request for extension shall be accompanied by a fee in an amount established by resolution of the City Council. The Zoning Administrator may grant or deny an application for extension of a site development review approval. The Zoning Administrator may grant an extension if he or she finds that there has been no substantial change in the facts or circumstances present when the original application was approved.
B. Upon expiration of the site development review extension, the project shall be deemed to be expired and shall become null and void. Upon expiration, approval of a new site development review application shall be required prior to commencing with the project.
18.76.110 New application.
Following the denial of a site development review application, no application for the same or substantially the same project on the same or substantially the same site shall be filed within one (1) year from the date of denial of the application.
City Council/RSA Agenda 615 Tuesday, April 11, 2023
ATTACHMENT 2
Agenda Item
DATE: MARCH 16, 2023
TO: PLANNING COMMISSION
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY
DEVELOPMENT DIRECTOR
SUBJECT: STUDY SESSION FOR DRAFT AMENDMENTS TO TITLE 18,
ZONING, OF THE UNION CITY MUNICIPAL CODE TO
UPDATE CHAPTER 18.40, INDUSTRIAL DISTRICTS, AND
ADD CHAPTER 18.43, USE OF HAZARDOUS MATERIALS (AT23-003) Staff is requesting feedback from the Planning Commission regarding draft amendments to Chapter 18.40, Industrial Districts, of Title 18, Zoning, of the Union City Municipal Code. These amendments would impact all lands with Special Industrial, Light Industrial and General Industrial General Plan land use designations and all properties that are zoned MS (Special Industrial), ML (Light Industrial), and MG (General Industrial).
The Study Session provides an opportunity for the Commission and the public to provide feedback on the draft amendments. The draft amendments are shown in Exhibit A. The draft amendments would repeal and replace Chapter 18.40 in its entirety. As such, there is no redlined version of the amendments attached for this study session.
I. BACKGROUND
As part of the implementation of Strategic Plan Goal C.1, which states “Analyze the feasibility of transforming warehouses to attract high-value industrial and commercial uses for the benefit of the community”, staff developed design /performance standards to ensure future industrial developments are well-designed and accommodate a variety of flex-industrial uses including office and research and development. As part of the effort to develop these standards, staff determined that there needed to be a more comprehensive update to address use classifications, outdated performance standards, and the need to reformat the chapter to ensure that use categories were consistent and standardized across all districts. This comprehensive update has modified and City Council/RSA Agenda 616 Tuesday, April 11, 2023
Planning Commission Study Session, March 16, 2023
AT-23-003 Industrial Zoning Text Amendment, Page 2
standardized uses, updated development and performance standards, established objective design standards and reformatted the chapter for ease of use and consistency with other chapters in Title 18.
Goal LU-7 of the Union City 2040 General Plan states “Protect the supply of land in Union City’s business parks and ensure development and design standards encourage business parks to adapt and transition into vibrant employment centers.” These amendments help to implement this goal.
II. DISCUSSION
The draft amendments to Chapter 18.40 modify and standardize uses, update development and performance standards, establish objective design standards, and reformat the chapter for ease of use and consistency. A high-level summary of these updates are included below. For a more detailed review, see attached Exhibit A.
A. Chapter 18.40 Industrial Districts.
Section 18.40.010 Purpose
List each of the Industrial Districts and their purpose. The purpose of each district has been aligned to those stated in the General Plan.
Section 18.40.020 Use Regulations – Industrial Districts The draft amendments would modify the existing use categories by clarifying language, combining similar uses, updating/removing antiquated use classifications, and adding new uses. All uses would be combined into a single table for ease of use and to ensure use categories are standardized across all districts.
Section 18.40.030 Accessory Uses
The draft amendments would keep the existing language for accessory uses which allow for accessory uses and structures that are incidental to a permitted or conditionally permitted use.
Section 18.40.040 Performance Standards
The draft amendments would modify the existing performance standards to incorporate current best practices and ensure sites are maintained.
Section 18.40.050 Development Standards
The draft amendments would combine all development standards into a single table for ease of use. Additionally, the amendments would revise height and setback requirements and add FAR requirements from the General Plan City Council/RSA Agenda 617 Tuesday, April 11, 2023
Planning Commission Study Session, March 16, 2023
AT-23-003 Industrial Zoning Text Amendment, Page 3
Section 18.40.060 Supplemental Standards
The draft amendments would consolidate other supplemental standards into a single section. The amendments would modify these standards to ensure clarity. Staff is proposing to add new standards concerning employee amenity areas, sidewalks and street frontage improvements, and bicycle and pedestrian facilities, which are items that are typically addressed through the development review process.
Section 18.40.070 Off Street Parking and Loading
The draft amendments would maintain many of the existing parking and loading requirements. Additionally, the amendments would add parking requirements for Research and Development / laboratory uses, parking structures, and clarify parking requirements for flex industrial buildings.
Section 18.40.080 Bicycle Parking
The draft amendments would clarify and update existing bicycle parking standards.
Section 18.40.090 Design Standards
The draft amendments would add new objective design standards for industrial developments. The intent of adding these standards are to encourage attractive exterior architectural standards for industrial developments, stronger sense of place and a more positive image for the industrial districts.
B. Chapter 18.43 Use of Hazardous Materials
The draft amendment would relocate the existing requirements in Chapter 18.40 Article IV. Use of Hazardous Materials, to a new chapter (Chapter 18.43 Use of Hazardous Materials). The requirements contained in that section also apply to districts outside of the industrial districts including the Station East Employment (SEE) District. This issue, along with the reformatting of Chapter 18.40 Industrial Districts, made it appropriate to have these requirements listed in its own chapter. Additionally, the draft amendments would revise the requirements to account for the new Mixed-Use Employment (EMU) zoning district.
C. Next Steps
Staff will be presenting the draft amendments to the City Council as part of a Study Session on April 11th, 2023. Following the study session staff will return mid spring for the Planning Commission to review and make a formal recommendation to City Council on the proposed amendments.
City Council/RSA Agenda 618 Tuesday, April 11, 2023
Planning Commission Study Session, March 16, 2023
AT-23-003 Industrial Zoning Text Amendment, Page 4
III. RECOMMENDATION
Staff recommends that the Planning Commission provide feedback on the draft Municipal Code Amendments
Prepared by
Brandon H DeLucas, Associate Planner
Attachments
Exhibit A: Draft Amendments
City Council/RSA Agenda 619 Tuesday, April 11, 2023
City Council/RSA Agenda 620 Tuesday, April 11, 2023
Desk Item
DATE: MARCH 16, 2023
TO: PLANNING COMMISSION
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY
DEVELOPMENT DIRECTOR
SUBJECT: STUDY SESSION FOR DRAFT AMENDMENTS TO TITLE 18,
ZONING, OF THE UNION CITY MUNICIPAL CODE TO UPDATE
CHAPTER 18.40, INDUSTRIAL DISTRICTS, AND ADD CHAPTER
18.43, USE OF HAZARDOUS MATERIALS (AT-23-003) AND STUDY SESSION FOR DRAFT ZONING TEXT AMENDMENTS TO TITLE 18,
ZONING, OF THE UNION CITY MUNICIPAL CODE TO ADD A NEW
MIXED-USE EMPLOYMENT (EMU) DISTRICT (AT-23-002) AND
REZONE PROPERTIES IDENTIFIED IN THE GENERAL PLAN AS
MIXED-USE EMPLOYMENT (A-23-001)
Staff is proposing updates to Chapter 18.76 Site Development Review to ensure Site Development Review applies to all zoning districts. Additionally, Staff has received direction to evaluate having the Planning Commission be the decision-making body for Site Development Reviews instead City Council. This change would further streamline reviews and align our process with those in neighboring jurisdictions. Attached is an additional Exhibit A illustrating the draft updates to Chapter 18.76.
Staff received questions/comments from Planning Commissioner Lew regarding the project.
The following are the questions received and staff’s responses (in red italics) Commissioner Lew Comments
I. Agenda item 6.B.1, Exhibit A:
a. Page 1, Section 18.40.020 lists the letter designations used in Table 18.40.020. However, this table uses “C”, which is not listed in this section. Please provide a description for “C.”
b. Page 1, Section 18.40.020 lists the letter designation of “UP”, which is not used in Table
18.40.020. Please explain its inclusion as a letter designation.
The acronym “UP”, which stands for “Use Permit”, will replace “C”. The table will be updated in the version brought back to Planning Commission for recommendation.
City Council/RSA Agenda 621 Tuesday, April 11, 2023
Planning Commission Study Session Desk Item, March 16, 2023 AT-23-003 Industrial Zoning Text Amendment, Page 2
c. Page 2 – Table 18.40.020 begins on page 2; however the table is not properly titled as “Table 18.40.020 Land Use Regulations” on any of the subsequent pages in this section.
Please correct this omission.
Table will be updated in the version brought back to Planning Commission for recommendation. d. Page 6, Table 18.40.020, Food and kindred products, Manufacturing and packing of food products – does this use include indoor farms where fresh foods are grown indoors? Please clarify or explain the omission of indoor farms in this table.
Staff will evaluate indoor farm uses as a potential use and may include as its own category in the version brought back to Planning Commission for recommendation. e. Page 7,Table 18.40.020, Retail, Commercial cannabis business – does the description of this use include cannabis manufacturing, testing, distribution, and cultivation in addition to retail? Please clarify.
The term “Commercial cannabis business” will be updated to “Commercial cannabis use”, which is defined in Chapter 18.117 and includes cultivation, possession, distribution, laboratory testing, labeling, retail, delivery, sale or manufacturing of cannabis or cannabis products. f. Page 13, Section 18.040.060F2, 4th line – regarding the phrase “may pay a landscape inlieu fee”, please clarify when the applicant/property owner will be required to pay this fee and when he/she will be exempt from paying the fee. I believe this fee applies to anyone who is unable to meet the City’s minimum landscape coverage requirements.
If landscaping cannot be provided on site due to site constraints, the applicant can pay a landscape in-lieu fee otherwise the landscaping must be provided on site. g. Page 16, table in Section 18.40.080 – this table has no identification as to table number or title. In addition, the bicycle parking requirements for “Office, Research and Development Lab” and “Manufacturing, Warehouse, distribution and Storage” and their applicable parking requirements appear in the same boxes. (1) I recommend each facility and their associated parking requirements be shown in separate boxes. (2) Also, the header for the first column should be the title of the table and the first column should be titled “Facility Type” to align with the types of facilities listed below. (3) Finally, “distribution” should start with a capital “d” to be consistent with the names of the other listed facilities.
Table will be updated in the version brought back to Planning Commission for recommendation. h. Page 21 and 22 contain “Table Notes” but it is unclear which notes correspond to which items in the table in Section 18.43.050. Also, this table has no identification as to table number or title. Please explain how the notes apply to the items in the table and add, at a minimum, a title for the table.
Table will be updated in the version brought back to Planning Commission for recommendation.
The notes apply to the entire table.
City Council/RSA Agenda 622 Tuesday, April 11, 2023
Planning Commission Study Session Desk Item, March 16, 2023 AT-23-003 Industrial Zoning Text Amendment, Page 3
II. Agenda item 6.B.2:
a. Page 1 of the Director’s memo, Background section, 1st para., 1st line – “long” should be “along.” Please correct this error.
Edit will be made for the Report going to City Council Study Session. b. Page 1 of the Director’s memo identifies a new zoning district along Union City Blvd. named Mixed-Use Employment (EMU). Exhibit A, page 1, states the purpose of this zoning district is “the creation of an employment district with travel patterns that are oriented toward pedestrian, transit, and bicycle use.” Please know that Union City Transit does not provide bus service along this portion of Union City Blvd., bicycle lanes are minimal and unprotected, and the pedestrian experience is noisy and stressful due to road traffic. Please clarify how the City will improve bus service and the travel experience for bicyclists and pedestrians in this zoning district.
The purpose identified in the proposed amendments reflects the vision identified through the 2040 General Plan process to orient travel patterns toward pedestrian, transit and bicycle use, as the corridor grows and changes. It does not reflect the current situation within the corridor. The purpose also provides policy guidance when staff is reviewing projects through the development review process, working on other long range planning efforts, or prioritizing CIP projects. For example, staff is currently working on a project within the corridor and requiring street improvements, including wider sidewalks enhanced landscaping, and other improvements to ensure a comfortable pedestrian environment. In addition, the Bicycle and Master Plan update, which occurred in 2021, identifies a Class IV bicycle facility within the corridor. Staff spoke with Transit staff who indicated the corridor was well served by AC Transit and no additional service was warranted.
c. Page 1, Section 18.XX.020, the letter designation “A” is listed but not used in the table.
The designation of “AUP” is used in the table but not listed. Please correct these errors.
The designation “AUP” will be used and updated in the version brought back to Planning Commission for recommendation.
d. Page 7, Section 18.XX.060F2 - regarding the phrase “may pay a landscape in-lieu fee”, please clarify when the applicant/property owner will be required to pay this fee and when he/she will be exempt from paying the fee. I believe this fee applies to anyone who is unable to meet the City’s minimum landscape coverage requirements.
If landscaping cannot be provided on site due to site constraints, the applicant can pay a landscape in-lieu fee otherwise the landscaping must be provided on site.
City Council/RSA Agenda 623 Tuesday, April 11, 2023
EXHIBIT A
Chapter 18.76 Site Development Review
18.76.010 Purpose.
Site development review is intended to promote orderly, attractive and harmonious development and the stability of land values and investments and the general welfare, by preventing the establishment of uses or the erection or maintenance of structures having unsightly, undesirable or obnoxious qualities which are not properly related to their sites, surroundings and traffic circulation in the vicinity, or which would not meet the specific intent clauses or performance standard requirement of the zoning title.
18.76.020 Applicability.
A. The site development review procedure shall apply to all proposed uses project in the following districtsall districts established under Title 18: Zoning.
Residential districts;
Hillside combining (-H) district;
Commercial (CPA, CN, CS, CC, CVR) districts;
Station East Employment (SEE) district;
Corridor Mixed Use (CMU) district;
Marketplace Mixed Use (MMU) district;
Station East Mixed Use Residential (SEMU-R) district;
Village Mixed Use (VMU) district;
Station Mixed Use Commercial (CSMU) district;
Union Landing Commercial (CUL) district;
Private Institutional (PI) district;
Industrial (MS, ML, MG) districts;
Agricultural (A) district;
City Council/RSA Agenda 624 Tuesday, April 11, 2023
Planning Commission Study Session, March 16, 2023
Desk Item Exhibit A Draft Amendment, Page 2
Civic Center design control (CCDCD) district;
Landmark and Historic Preservation (LHP) Overlay Zone.
B. The site development review procedure shall apply to all projects enumerated in subsection A of this section unless determined by the Director to qualify for administrative site development review as provided in Chapter 18.72.
C. The site development review procedure shall not apply to City projects on Cityowned properties.
18.76.030 Application, fees and exhibits.
A. An application for a site development review shall be made to the City CouncilPlanning Commission on a form prescribed by the Director which shall include the following data:
1. Name and address of the applicant;
2. Statement that the applicant is the owner of the property or is the authorized agent of the owner;
3. Address or description of the property;
4. Statement indicating the precise manner of compliance with each of the applicable provisions of this title together with any other data pertinent to the findings prerequisite to the granting of a site development review prescribed in this chapter; B. The application shall be accompanied by the items identified by the Formal Application Checklist as prescribed by the Director.The application shall be accompanied by the following items:
1. A mailing list on mailing labels of adjacent property owners and/or occupants for the purpose of providing notice of the pending application.
2. A site plan prepared by a licensed civil engineer, land surveyor, architect, landscape architect or building designer; provided, however, that the boundary and topographic survey on the site plan shall be prepared by a licensed civil engineer or land surveyor whose seal shall appear on the site plan. The site plan shall show existing and proposed locations of streets, utilities, and drainage facilities, property lines, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities and landscaped areas. The site plan shall be drawn to scale and shall indicate clearly and with full dimension the following information:
City Council/RSA Agenda 625 Tuesday, April 11, 2023
Planning Commission Study Session, March 16, 2023
Desk Item Exhibit A Draft Amendment, Page 3
a. The registration number and signature of person or persons preparing the plan;
b. Parcel dimension in distance and bearings;
c. All existing and proposed building and structures—location, size, height and proposed uses, including front, side and rear elevations of proposed buildings showing architectural detail and exterior materials; d. Existing and proposed elevation and contours of lots and buildings; e. Yards and open spaces between buildings;
f. Walls and fences—location, height, and materials;
g. Off-Street Parking. Location, number of spaces, dimension or parking area, and internal circulation pattern, yard lighting and landscaping; h. Access. Pedestrian, vehicular, service, points of ingress and egress, internal circulation, design and improvements;
i. Street dedication and improvements, existing and proposed, if any; j. Proposed storm drainage plan with substantiating calculations; k. All existing trees which are twelve (12) inches or greater in circumference measured at thirty-six (36) inches above grade: type, size, location, dripline, condition and indication if tree is being saved or removed; l. Complete landscape plan pursuant to the landscape standards policy statement;
m. Site plans for other than residential uses shall contain the following additional information:
i. Signs. Locations, size, height, types of materials and lighting, ii. Loading. Location, dimensions, number of spaces and internal circulation,
iii. Lighting. Location and general nature.
3. Such other data, such as cross-sections, soils reports, arborist report, and a statement of use as may be required under the circumstances of each application to permit the City Council to make the required findings.
City Council/RSA Agenda 626 Tuesday, April 11, 2023
Planning Commission Study Session, March 16, 2023
Desk Item Exhibit A Draft Amendment, Page 4
C. The application shall be accompanied by a fee in an amount established by resolution of the City Council.
D. All applications for site development review shall be filed through the Director for review and approval or disapproval by the City CouncilPlanning Commission prior to the issuance of any building permits.
18.76.040 Investigation.
The Director, upon receipt of an application for site development review, shall make such investigations as are necessary to determine whether or not the proposed use or structure conforms or may be conditioned to conform fully to the regulations for the district as herein set forth.
Such investigations shall include reports, upon referral, to other departments of the City, and any other public agency or district concerned.
If, in the opinion of the Director, the proposed use may cause the emission of dangerous or objectionable noise, odors, lights, dust, smoke or vibrations, the Director, with the consent of the applicant, may refer the application for investigation and report to one or more expert consultant(s) who shall report in writing to the Director and a copy of such report shall be furnished to the applicant. The applicant shall be required to pay the fee for services of the consultant(s).
At the conclusion of such investigation, the Director shall prepare a report thereon which shall be submitted to the Planning Commission and City Council.
18.76.045 Findings for approval.
A. All of the following findings are required for approval of a site development review:
1. Approval of this application is consistent with the General Plan and any applicable specific plans;
2. Approval of this application is consistent with the purposes of this title and the requirements of the district in which the site is located;
3. Approval of this application is consistent with the purpose of site development review as outlined in Section 18.76.010.
B. A site development review may be revocable and may be granted subject to such conditions as are necessary to support the above findings.
City Council/RSA Agenda 627 Tuesday, April 11, 2023
Planning Commission Study Session, March 16, 2023
Desk Item Exhibit A Draft Amendment, Page 5
C. The above findings are also required for any approval on appeal, or approval of a modification to a site development review.
18.76.050 Planning Commission public hearing—Notice.
The Planning Commission shall hold a public hearing for any application for a site development review permit. Notice of the public hearing shall be given pursuant to Section 18.52.082.
18.76.080 Planning Commission recommendationdecision and appeals.
A. The Planning Commission may grant an application for a site development review as applied for or in modified form, if on the basis of the application and the evidence submitted, the Commission finds that the application complies with the findings set forth in Section 18.76.045. The Planning Commission may adopt additional conditions of approval as the facts warrant.
B. The Planning Commission may deny an application for site development review.
The Planning Commission shall transmit a written recommendation to the City Council that the application be approved, conditionally approved or denied, based on compliance with the findings set forth in Section 18.76.045.
C. Decisions of the Planning Commission and appeals of such decisions shall be made in accordance with the provisions of Section 18.52.088.
18.76.085 City Council public hearing—Notice
The City Council shall hold a public hearing on the application. Notice of the public hearing shall be given pursuant to Section 18.52.082.
18.76.090 City Council decision.
A. The City Council may grant an application for a site development review as applied for or in modified form, if on the basis of the application and the evidence submitted, the Council finds that the application complies with the findings set forth in Section 18.76.045. The City Council may adopt additional conditions of approval as the facts warrant.
B. The City Council may deny an application for site development review.
18.76.095 Site development review modifications.
City Council/RSA Agenda 628 Tuesday, April 11, 2023
Planning Commission Study Session, March 16, 2023
Desk Item Exhibit A Draft Amendment, Page 6
Applications to modify any site development review approval or any condition of approval shall be subject to the same procedures and regulations as those applicable to the original application.
In the event a site development review application is approved on property previously affected by a site development review approval, the previous approval and its conditions shall be null and void.
18.76.100 Site development review approval expiration.
A site development review approval shall be valid for one (1) year following the date on which the application became effective. The approval shall become null and void unless prior to the expiration of the year a building permit is issued by the Building Department and construction is commenced and diligently pursued toward completion on the site which was the subject of the site development review application or a certificate of occupancy is issued by the Building Department for the site or structure which was the subject of the site development review application. The phrase “construction is commenced” shall be defined for the purposes of this provision to mean the progress of actual building activity on the site in accordance with a valid building permit to a point such that the first inspection under the Uniform Building Code has been completed, including but not necessarily limited to the inspection of installed footings, reinforced steel, utility, plumbing, and electrical conduits and/or services and all other work or activity customarily and typically inspected prior to the first pouring of foundation concrete.
Completion of only site preparation activities such as site clearance, grading or excavation without commencement of actual building activity shall not constitute commencement of construction.
In the case where site development review approval was granted either concurrently with, or subsequently consistent with, an approved residential tentative map, the site development review approval shall be valid through the duration of the tentative map, as specified by Section 66452.6 of the California State Subdivision Map Act.
18.76.105 Site development review extension.
A. A site development review approval may be extended for an additional period of time not to exceed one (1) year no more than two (2) times. Each such request for extension must be submitted in writing to the Zoning Administrator prior to the expiration date of the site development review approval. The request for extension shall be accompanied by a fee in an amount established by resolution of the City Council. The Zoning Administrator may grant or deny an application for extension of a site development review approval. The Zoning Administrator may grant an extension if he or she finds that there has been no substantial change in the facts or circumstances present when the original application was approved.
City Council/RSA Agenda 629 Tuesday, April 11, 2023
Planning Commission Study Session, March 16, 2023
Desk Item Exhibit A Draft Amendment, Page 7
B. Upon expiration of the site development review extension, the project shall be deemed to be expired and shall become null and void. Upon expiration, approval of a new site development review application shall be required prior to commencing with the project.
18.76.110 New application.
Following the denial of a site development review application, no application for the same or substantially the same project on the same or substantially the same site shall be filed within one (1) year from the date of denial of the application.
City Council/RSA Agenda 630 Tuesday, April 11, 2023
PLANNING COMMISSION MINUTES 1 March 16, 2023
DRAFT
CITY OF UNION CITY
MINUTES FOR THE REGULAR PLANNING COMMISSION MEETING
ON THURSDAY MARCH 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 Seyi Mclelland; Commissioner Amandeep Sandhu* *Arrived at 7:14 pm
• STAFF: Carmela Campbell (Economic & Community Development Director); Alex Mog (Deputy City Attorney); Derek Farmer (Planning Manager), Brandon DeLucas (Associate Planner); Denisse Anzoategui (Administrative Assistant III) • ORAL COMMUNICATIONS: None.
• WRITTEN COMMUNICATIONS: None.
• PUBLIC HEARINGS:
a. CONTINUED HEARINGS: None.
b. NEW HEARINGS: None.
• SUPPLEMENTAL STAFF REPORTS:
A. CONTINUED HEARINGS: None.
B. NEW REPORTS:
1. Study Session for Draft Zoning Text Amendments to Title 18, Zoning, of the Union City Municipal Code to update Chapter 18.40, Industrial Districts and add Chapter 18.43, Use of Hazardous Materials (AT-23-003).
Brandon DeLucas, Associate Planner presented the staff report and the Desk Item that was prepared in response to questions submitted by Commissioner Lew.
Commissioner Lew thanked Mr. DeLucas for the Desk Item. Commissioner Lew provided feedback for page breaks, setting up commands for tables, and editing.
Mr. DeLucas noted the comments and replied that they would be fixed.
Commissioner Lew referred to Exhibit A and read out the landscaping minimum requirements and asked if they were correct.
City Council/RSA Agenda 631 Tuesday, April 11, 2023
PLANNING COMMISSION MINUTES 2 March 16, 2023
Mr. DeLucas replied yes.
Commissioner Lew then read off the lot coverage maximum and asked what the difference is used for. Commissioner Lew asked if it was parking.
Mr. DeLucas replied that it would be predominantly parking or other outdoor storage areas, including sidewalks and things of that nature.
Commissioner Lew asked what the lot coverage is for the building itself.
Mr. DeLucas replied that generally any building or structure with a roof would fall under the lot coverage.
Commissioner Lew noted that when you add together parking and landscaping you should get about a hundred percent.
Carmela Campbell, Economic & Community Development Director, added that it also included circulation, for example, a roadway around the building for fire access would also play into the percentages.
Commissioner Lew referred to language on page 13 referring to projects that cannot provide the minimum amount of required landscaping. Commissioner Lew stated that the use of “may”, when you really mean “shall” is an art. Commissioner Lew noting the differences between may and shall and should and would. Commissioner Lew added that her understanding of the landscape in-lieu fee is that if an applicant cannot or does not want to meet that minimum required landscape area, they are required to pay that in-lieu fee.
Mr. DeLucas replied that if they cannot meet the standard, then they would be required to pay a landscape in-lieu fee.
Commissioner Lew replied that if they could meet the minimum requirements, but they don’t want to because they would rather use the spaces for something else, would they be required to pay that landscape fee.
Ms. Campbell replied that it is the case and added that there is a little bit of discretion as the situation is all about trade-offs. Ms. Campbell added that it is still subject to the Site Development Review process, and when it comes to the decision makers, they may say that they need to identify onsite where to provide that landscaping. Ms. Campbell explained that is why the language in the code is there, and it is intentional and was just carried over. Ms.
Campbell noted that it is certainly up for debate with the Planning Commission, but ultimately it was not her recommendation to say shall because that is why it is subject to the discretionary process.
Commissioner Lew replied that if the City has a landscape in-lieu fee for any developer who cannot or will not provide the minimum required landscaping they should be required to pay the in-lieu fee. Commissioner Lew noted that 10% is not a lot, and that there is no trade off so why negotiate it.
Alex Mog, Deputy City Attorney clarified that they must pay the fee if they are not providing the 10%. Mr. Mog added that they may not be allowed to develop with less than 10%, and if an applicant comes with 9% then the Planning Commission or the City Council, as the decision maker, can disapprove the project. Mr. Mog added that they may approve the project at 9% in City Council/RSA Agenda 632 Tuesday, April 11, 2023
PLANNING COMMISSION MINUTES 3 March 16, 2023
which case they would have to pay the in-lieu fee. Mr. Mog added the deciding body could also decide that the site isn’t appropriate to have less than 10% landscape.
Commissioner Lew stated that she read it as paying it. Commissioner Lew suggested that staff wordsmith it properly so that anyone that reads it understands that if they don’t meet that minimum that they are going to be required to pay that fee. Commissioner Lew asked why leave it so loosey-goosey and added that she did not understand.
Mr. Mog suggested the language to be modified to say, that projects that cannot meet the minimum amount of the required landscape, may still be approved through Site Development Review. Any project approved through the Site Development Review process with less than the minimum landscaping requirement shall pay the in-lieu fee.
Ms. Campbell stated that staff could work on some wording as she understood what the comment is.
Commissioner Lew replied that she is just focused on the in-lieu fee, and not the rest of whatever staff is saying about whether the project gets approved. Commissioner Lew stated that will be taken care of during the hearing before the Planning Commission or the City Council should they make a case for providing less than what is required. Commissioner Lew stated that what she cares is that everyone knows when they read this that if they come in with less than the minimum that they are required to pay that fee. Commissioner Lew added that she liked Mr.
Mog’s wordsmithing, and happy with whatever satisfies the City’s requirement.
Commissioner Lew referred to Mr. DeLucas’ introduction of the wording about commercial and office development by right and something that can be converted to housing and asked why that wasn’t in the Director’s memo.
Mr. DeLucas replied that staff was just providing a memo discussing the changes at a highlevel, which are aligning the uses. Mr. DeLucas added that is why staff reserved it for the PowerPoint to be able to go into more detail.
Commissioner Lew questioned that if it a strategy that you are using, shouldn’t that be disclosed to the public.
Mr. DeLucas replied that the presentation is disclosed to the public and is public record. Mr.
DeLucas also added that the recording and minutes are public record and disclosed to the public.
Commissioner Lew replied that she did not understand the reasoning given for designating something as permitted or not permitted or conditionally permitted in terms of something that’s an office or commercial use. Commissioner Lew added that she didn’t get it is because it wasn’t in the memo. Commissioner Lew stated that she would like to know why it was not just put in the memo so she is not confused at the meetings.
Ms. Campbell replied that the comments were noted.
Commissioner Lew asked if it would go in the memo when it comes back to the Planning Commission.
Ms. Campbell replied yes.
Commissioner Mclelland thanked staff for the report and referred to the industrial areas identified in the chart and asked what the occupancy rate of each of those areas was.
City Council/RSA Agenda 633 Tuesday, April 11, 2023
PLANNING COMMISSION MINUTES 4 March 16, 2023
Ms. Campbell replied that the City has been experiencing historic lows in vacancy rates over the last several years. Ms. Campbell added that there is a large demand for locating businesses in Union City based on the location between the two bridges and near the port. Ms. Campbell also noted that it is a desirable place to be for a variety of uses. Ms. Campbell added that they are seeing a lot of businesses coming from the peninsula who are getting pushed out there by other companies causing low vacancy rate across all the industrial areas.
Commissioner Mclelland asked if there was a desired split between the MG, ML, and MS areas.
Ms. Campbell replied what the City has now, which is what they have had for a while and added that ML is the lion’s share of the industrial areas. Ms. Campbell added that this designation is a little bit heavier than the Special Industrial and that staff is not proposing any changes to the designations. Ms. Campbell also added that only one site is zoned MG and that is US Pipe which historically has been MG since the City was incorporated. Ms. Campbell added that it is for heavier industrial uses, and staff does not see it appropriate to expand that zone. Ms.
Campbell added that they will keep it MG because they make pipe and that is the appropriate zoning district for that heavy type of industrial use.
Commissioner Mclelland asked if the proposed amendments will apply to new developments or existing.
Ms. Campbell replied that the new chapter will apply to all uses within the districts and new uses at startup. Ms. Campbell added that the performance standards are really geared toward new development or substantial redevelopment of existing sites.
Commissioner Mclelland asked if the occupants would have to make these modifications.
Ms. Campbell replied no and added only upon redevelopment of the site.
Commissioner Sandhu asked if there was a plan for a sidewalk as she didn’t see any.
Mr. DeLucas replied that it goes back to the standard for pedestrian and bike facilities that encourages clear walking from the public right of way to the building frontages and where pedestrians and bikes will be accessing. Mr. Delucas added that there is an additional standard, since many areas of the industrial districts, particularly the ML, do not have sidewalks. Mr.
DeLucas further added that as part of the redevelopment or major modifications they will be encouraged to install those improvements for sidewalks to make It easier for people to walk.
Vice Chairperson Agbuya asked if there would be any safety concerns if they would be cutting back the setback from 65 to 25 feet.
Mr. DeLucas replied no and added as the designation for the requirement of 65 ft. along major arterials was what you see along Alvarado-Niles. Mr Delucas referred to the shopping center with the Mr. Pickles and the Dowe Business Park that have big, front landscaped setbacks. Mr.
DeLucas found that those larger setbacks often cause some issue as making the area less able to redevelop, so they get more intensive uses, and 25 feet still gives the feeling of landscaping in the front and the boulevard feel that they have on Alvarado-Niles. Mr. DeLucas added that this was to encourage redevelopment, but also keeping that feeling that we have.
Ms. Campbell added that there are properties such as Crossroads technology and Graybar on Whipple Road near Union City Boulevard that were developed with 25-foot setbacks, which gives you an idea of what the reduced setback looks like.
City Council/RSA Agenda 634 Tuesday, April 11, 2023
PLANNING COMMISSION MINUTES 5 March 16, 2023
Commissioner Mclelland asked about the recycling business and what would that be.
Ms. Campbell responded that Tri-Ced received approvals in the 1970s for an indoor recycling facility, which would require a Use Permit.
Mr. DeLucas added that such a facility would still be permitted with a Use Permit in the ML district, but they would be excluding uses with more hazardous materials that are a lot more sensitive.
2. Study Session for Draft Zoning Text Amendments to Title 18, Zoning, of the Union City Municipal Code to add a new Mixed-Use Employment (EMU) District (AT-23-002) and a Zoning Map Amendment to Rezone properties Identified in the General Plan as Mixed-Use Employment from MS (Special Industrial) to EMU (A-23-001).
Mr. DeLucas presented the staff report.
Commissioner Lew referred to the slides and the sample development that was being worked on and asked what the front yard setbacks are there.
Mr. DeLucas replied that they have proposed a slightly larger one than the minimum, and it is currently at 20 to 30 feet to the parking lot.
Commissioner Lew asked why not make a larger building.
Mr. DeLucas replied that they have chosen to have more of that parking use in the front. Mr.
DeLucas added that they’re using this area for not only the landscaping, but this is the bio retention that they need that doesn’t really work anywhere else on the lot. Mr. DeLucas further added that is sloped towards Union City Boulevard and that is why it is there.
Commissioner Lew asked if it would be satisfying the landscaping requirement.
Mr. DeLucas replied yes.
Commissioner Lew asked if there would be potential for any residential or live-work units in the district.
Mr. DeLucas replied that there would not.
Commissioner Lew noted that that the district appears to be a mix of industrial and commercial uses.
Mr. DeLucas replied she was correct.
Commissioner Lew noted that in the study session that they would be changing the name of commercial cannabis business to commercial cannabis uses.
Mr. DeLucas replied that she was correct. Mr. DeLucas noted that it would be how it is currently worded as it was a mistake when staff was preparing the amendments, and the wording would now be used across the appropriate districts.
Commissioner Lew asked if it would be changed in the report.
Mr. DeLucas replied yes.
City Council/RSA Agenda 635 Tuesday, April 11, 2023
PLANNING COMMISSION MINUTES 6 March 16, 2023
Commissioner Lew noted that the parcels on both sides of Union City Boulevard were parcels within this district. Commissioner Lew asked how many buildings would be a good fit for this district.
Mr. DeLucas replied that it varies. Mr. DeLucas added that the General Plan envisioned having it be more of a grid block system and they were not seeing that as much. Mr. DeLucas added that for this project, it is a five building development, within 12 acres. Mr. DeLucas added that the total square footage of the buildings is almost 300,000 feet. Mr. DeLucas also noted that they are also proposing buildings with two stories including mezzanine areas. Mr. DeLucas replied that it was difficult to say the right number. Mr. DeLucas added that staff are encouraging this kind of intensification and they may see parking garages proposed there as well.
Commissioner Lew asked how many total acres there were in the EMU District.
Mr. DeLucas and Ms. Campbell replied that they would provide Commissioner Lew with that answer shortly.
Commissioner Mclelland announced that she had no questions but wanted to state that she loved mixed-use spaces as she thought of them as a modern and progressive way of the kind of environment people want to work in.
Commissioner Sandhu noted that the changes with the EMU and potentially bringing a hotel and asked if the roads would be improved.
Mr. DeLucas replied that there are a couple of different long-range projects that are occurring.
Mr. DeLucas detailed the following items the City is doing to alleviate traffic and congestion in the areas including:
• The City is evaluating and working on a underpass of the railroad, which is a cause of a lot of the backup and that would facilitate moving traffic a little quicker. • Each project goes through CEQA review which analyzes traffic. • The City is conducting a vehicle miles traveled study now and is encouraging people to get out of their cars and take public transit and walk. • The City is continuing to install bike facilities.
• A Transportation Demand Management (TDM) plan to help businesses provide a shuttle service to their employees to get them from BART to their location or possibly provide transit cards to encourage their employees to take AC or UC transit.
Commissioner Sandhu asked if there was a way to view the map again to see the EMU district.
Ms. Campbell noted that while Brandon was pulling up the information, she confirmed that the EMU is a little less than 65 acres.
Mr. DeLucas noted that there are three properties in the General Plan that were originally designated as part of the district, but as part of the House Element the General Plan was amended to remove those from the district and included them in the Village Mixed Use district.
Ms. Campbell added that staff would have that information in the next staff report.
Mr. DeLucas referred to Commissioner Sandhu’s request to view the EMU district on a map in the presentation.
City Council/RSA Agenda 636 Tuesday, April 11, 2023
PLANNING COMMISSION MINUTES 7 March 16, 2023
Commissioner Sandhu asked if the main street shown on the map was Union City Boulevard.
Mr. DeLucas replied yes and identified the location of Whipple Road, the Kaiser campus, the railroad crossing, the Sugar mill Mixed-Use development and other surrounding boundaries. Mr.
DeLucas also identified 12.63 acres of an area that is being redeveloped as part of the project and mentioned it will come before the Commission closer to the end of the year.
Ms. Campbell referred to the mention of the railroad and stated that the at-grate separation of the railroad is in response to traffic. Ms. Campbell stated that it is a long-term project which is very costly, and that the City has not identified the funding, and the City is always looking for funding for these types of crossings. Ms. Campbell also added that it is a priority and that there are policies in the Special Areas Element for the area to encourage the city to move forward with that projects and keep it at the forefront. Ms. Campbell also noted that they do not have a current CIP but are aware of the backup that occurs on Union City Boulevard in the morning and evenings.
Commissioner Sandhu noted that BART was very far away and asked if there was transit available nearby.
Mr. DeLucas replied that AC transit does run a line from BART along Union City Boulevard and stops at the Sugar Mill. Mr. DeLucas added that he believed it ran at 30-minute intervals.
Ms. Campbell added that they are also lines that run through Union City and others that go to Hayward, Newark, and Fremont.
Commissioner Mclelland asked if the proposed bike lanes go that far.
Mr. DeLucas replied that there are currently bikes lanes now but are a little faded. Mr. DeLucas noted that the Class 4 will go all the way up and then will extend across Whipple. Mr. DeLucas also noted that they will also have some type of vertical element like those on Mission Boulevard that has the landscaping landing strips between the bike lane and road.
Ms. Campbell added that there is also work being done on Smith Street and would look to Commissioner Lew who serves on the Bike and Pedestrian Advisory Committee for feedback.
Ms. Campbell added that those bike lanes will be installed and the vision for the area will be a bit longer term when the Class Two or the road bike lanes turn into Class Four, and they will be protected or have buffered bike lanes.
Mr. Farmer noted the previous question from Commissioner Mclelland earlier and stated that the EMU District will be 58 acres.
Commissioner Sandhu asked how long the proposed project would take.
Mr. DeLucas replied that they submitted their formal application in January and that staff is currently doing the CEQA process. Mr. DeLucas added that they are working with the Army Corps and the Regional Water Board. Mr. DeLucas noted that staff envisions bringing the project up to the Commission in the early winter, and then City Council shortly after that. Mr.
DeLucas also added that while they want to speed up the process, the CEQA documents take time and there is a lot of research to do and then there is also a comment period.
Vice Chairperson Agbuya thanked the Commissioners for their questions and noted that his questions regarding traffic had been answered. Vice Chairperson Agbuya asked if in the case that a microbrewery or winery went in, would they be allowed to have live bands.
City Council/RSA Agenda 637 Tuesday, April 11, 2023
PLANNING COMMISSION MINUTES 8 March 16, 2023
Mr. DeLucas replied that there are current standards for live music, and they would still apply.
Vice Chairperson Agbuya opened and closed the public comment.
Mr. DeLucas presented on information submitted in the Desk Item, Exhibit A. Mr. DeLucas explained that the Site Development review chapter lists each of the individual districts that Site Development Review applies to. Mr. DeLucas added that because they are adding a new district, they must reflect it there. Mr. DeLucas explained that staff made a modification clarifying that Site Development Review applies to all Zoning Districts that are established by Title 18, the City’s zoning ordinance. Mr. DeLucas also noted that they added a caveat because CF districts, which are Civic Facilities, city property, was not included in that list, and they have added an exemption for City projects on City property.
Mr. DeLucas also noted that they have also received direction on evaluating and making the Planning Commission be the decision maker for Site Development Review. Mr. DeLucas explained that currently the Planning Commission makes a recommendation, and the City Council is the decision marker. Mr. DeLucas listed the benefits for changing the process:
• Reduce overall timelines (generally 4-6 weeks at a minimum); • Provide more certainty for applicants;
• Align process with neighboring jurisdictions;
• Bringing the process back the way it used to be;
• Encourage further development and redevelopment; and
• City Council would have the ability to call a project up on appeal.
Commissioner Lew asked if it would save money.
Mr. DeLucas replied yes, and that it would vary. Mr. DeLucas explained that for Site Development Review, for these larger projects, the City takes in a time and materials deposit, and calculating staff time to prepare the report and materials, it could mean a couple thousand dollars. Mr. DeLucas added that his project, for example, considers his time to review materials, prepare the staff report, and the presentation. Mr. Delucas added that time is also added for Ms.
Campbell and Mr. Farmer’s time to review his work. Mr. DeLucas added that it could ultimately be a large savings.
Commissioner Lew replied that she was speaking in terms of fees.
Mr. DeLucas replied that the fee for larger projects is a time and materials deposit that staff just bills to. Mr. DeLucas explained that the total end cost would most likely be reduced.
Commissioner Lew replied that the fee is open-ended and noted that if staff estimates 120 hours but then don’t use the 120 hours then it would mean savings to the applicant.
Mr. DeLucas replied that she was correct.
Commissioner Lew asked if they go beyond the 120 hours, staff lets the applicant know they need to provide more money.
Mr. DeLucas replied that when a deposit begins to get low, they will contact the applicant and say there are additional funds needed. Mr. DeLucas added that up to now, he has not had to request additional funds from an applicant. Mr. DeLucas added that staff really evaluated as part of the Master Fee Schedule the kind of time they were spending on that to ensure that the deposit captured almost all of that time, but again is project dependent.
City Council/RSA Agenda 638 Tuesday, April 11, 2023
PLANNING COMMISSION MINUTES 9 March 16, 2023
Commissioner Lew replied that she would be all for saving the applicant’s money.
Vice Chairperson Agbuya opened and closed the public comment. • ECONOMIC DEVELOPMENT REPORTS: None.
• COMMISSION MATTERS:
1. Follow-up on Planning Commission referrals to the City Council:
Ms. Campbell announced that the Council approved Zoning Amendments for outdoor dining at the last City Council meeting.
2. Upcoming applications for the Regular Planning Commission meeting for April 6, 2023:
Ms. Campbell explained that in July 2021, the City Council approved the Station East Residential Mixed-Use Project, that is in the vicinity of Decoto Road, Seventh Street and Zwissig. Ms. Campbell added that the project consisted of approximately a thousand units, and some ground floor commercial along Decoto Road. Ms. Campbell further explained that back in July during the master plan approval the project was conditioned to come back for the individual planning areas. Ms. Campbell noted that some of the Commissioners may recall that approximately a year before they brought up the affordable housing piece. Ms. Campbell added that the developer will now be coming in with two additional planning areas, that will be developed with some townhomes. Ms. Campbell also added that there has been some site adjustments in the planning areas, so they will also bring back the Tentative Map as well as the Development Agreement for modification on April 6, 2023. • GOOD OF THE ORDER:
Commissioner Sadhu asked if there was a developer for the Decoto Project.
Ms. Campbell replied that the developer was Integral Communities, LLC. • ADJOURNMENT: 8:31 PM
City Council/RSA Agenda 639 Tuesday, April 11, 2023
Item 7.a
Study Session for Industrial Code Updates
Chapter 18.40, Chapter 18.43 and Chapter 18.76
AT-23-003
City Council/RSA Agenda 640 Tuesday, April 11, 2023
2 Strategic Plan and Background
Chapter 18.40: Industrial Districts
• Outcome of implementation of Strategic Plan
• Goal C.1 “Analyze the feasibility of transforming warehouses to attract high-value industrial and commercial uses for the benefit of the community” and; • Goal C.15 “Improve and streamline the development process. (Council Priority)” • Staff found that a more comprehensive update was needed • Use classifications
• Outdated performance standards
• Reformat the chapter to ensure that use categories were consistent / standardized across districts
City Council/RSA Agenda 641 Tuesday, April 11, 2023
3 Alvarado
Business Park
Central Bay
Business Park
City Council/RSA Agenda 642 Tuesday, April 11, 2023
4 Chapter 18.40 Industrial Districts
Section 18.40.020: Use regulations – Industrial Districts • Modify existing use categories by clarifying language, combining similar uses, updating/removing antiquated use classifications, adding new uses General Industrial (MG) Light Industrial (ML) Special Industrial (MS) Proposed Language Canvas products Canvas products
Manufacturing and assembly
of textile products including
apparel, not elsewhere listed
in this table
Clothing Clothing Clothing
Curtains and draperies and
other house furnishings
Curtains and draperies and
other house furnishings
Curtains and draperies and
other house furnishings
Hats, caps, millinery Hats, caps, millinery Hats, caps, millinery Contractors located within a
completely enclosed building;
Specialty trade contractors
when located within a
completely enclosed building
Contractor services
Contractors yards and
corporation yards, provided
they are fenced and
landscaped;
Contractors located in a
completely enclosed building,
with accessory outdoor
storage of equipment or
supplies;
Contractor services with
accessory outdoor storage of
equipment or supplies
City Council/RSA Agenda 643 Tuesday, April 11, 2023
5 Chapter 18.40 Industrial Districts
Section 18.40.020: Land Use
Regulations – Industrial Districts
• Uses in a Single table for ease
of use
• Ensures use categories are
standardized
City Council/RSA Agenda 644 Tuesday, April 11, 2023
6 Chapter 18.40 Industrial Districts
Section 18.40.020: Land Use Regulations – Industrial Districts • New legislation (Assembly Bill (AB) 2011 and Senate Bill (SB) 6), in effect July 1, 2023, allows housing developers to develop qualifying multifamily projects on commercial zoned land with limited local discretion
• “commercial zoned land” includes sites where office and retail uses (including restaurants) are “principally permitted.”
• To protect City’s industrial areas, amendments to the MS Zoning District to make office and retail uses conditional, which means that a Use Permit is required prior to establishment of the use
• Sites bounded on three sides by industrial uses not subject to the new legislation, which preclude majority of sites within the ML Zoning District.
City Council/RSA Agenda 645 Tuesday, April 11, 2023
7 Chapter 18.40 Industrial Districts
Section 18.40.040: Performance
Standards
• Modify some existing performance
standards to incorporate current
best practices
• Limitation on warehouse,
wholesale and distribution
activities
• Avoidance of nuisance
characteristics
• Requirement to maintain site for
life of project
City Council/RSA Agenda 646 Tuesday, April 11, 2023
8 Chapter 18.40 Industrial Districts
Section 18.40.040: Performance
Standards (Cont.) • Modify some existing performance
standards to incorporate current
best practices • Additions / modifications
designed to integrate with
existing development and
consistent with new design
standards
• Compliance with requirements
related to management of solid
waste, organic waste, and
recyclable materials
City Council/RSA Agenda 647 Tuesday, April 11, 2023
9 Chapter 18.40
Industrial Districts
Section 18.40.050: Development Standards
• Combine all development standards into single table for ease of use
• Revise height and setback requirements and add FAR
requirements from General Plan
• MS Zoning District setbacks revised from 65 feet to 25 feet to allow adequate setback area while providing additional area on-site for development.
City Council/RSA Agenda 648 Tuesday, April 11, 2023
10 Chapter 18.40 Industrial
Districts
Section 18.40.050: Development
Standards (Cont.) • MS Zoning District height requirement to allow buildings up to 55 feet in height
(currently 40 feet)
• Use permit requirement removed for
buildings to exceed a specific height and
replaced with a finding, which the
decision maker must make when
approving related Site Development
Review application • Reduces processing timelines and
removes uncertainty for the project
applicant.
City Council/RSA Agenda 649 Tuesday, April 11, 2023
11 Chapter 18.40 Industrial
Districts
Section 18.40.060: Supplemental
Standards
• Consolidate other supplemental
standards into single section
• Modify /add standards to ensure
clarity and reflect best practices
•Permitted obstructions
•Signage
•Wall and fences
•Employee amenity areas
City Council/RSA Agenda 650 Tuesday, April 11, 2023
12 Chapter 18.40 Industrial
Districts
Section 18.40.060: Supplemental
Standards
Landscaping – Clarify
landscaping requirements
Equipment screening –
Establish and clarify
mechanical/utility equipment siting
and screening requirements
Bicycle and pedestrian
facilities – Establish requirements
for bicycle and pedestrian
facilities
City Council/RSA Agenda 651 Tuesday, April 11, 2023
13 Chapter 18.40
Industrial Districts
Section 18.40.070: Off Street
Parking and Loading •Add parking requirements for
Research and Development /
laboratory uses, and standards
for parking structures
• Clarify parking requirements for
flex industrial buildings
Section 18.40.080: Bicycle Parking • Clarify bicycle parking requirements
City Council/RSA Agenda 652 Tuesday, April 11, 2023
14 Section 18.40.090:
Design Criteria
Add new architectural and exterior material
standards • “Modern” vocabulary with varied geometric
volumes and variety of high-quality materials
• Minimize massing and limit blank walls • Clearly defined and distinguishable building entrances
• Architectural features, building colors and
glazing
City Council/RSA Agenda 653 Tuesday, April 11, 2023
15 Chapter 18.43 Use of Hazardous
Materials
• Relocate standards in Chapter
18.40 Article IV to new Chapter due
to reformatting
•Add EMU to use table for on-site
storage of hazardous materials
City Council/RSA Agenda 654 Tuesday, April 11, 2023
16 Chapter 18.76: Site Development Review
• Clarify that Site Development Review applies in all Title 18 Zoning Districts • Exempt City Projects on City Property from Site Development Review • Make the Planning Commission the decision maker for Site Development Review • Reduce overall timelines (generally 4-6 weeks)
• Provide more certainty for applicants
• Align process with neighboring jurisdictions
• Encourage further development and redevelopment
• City Council would have the ability to call a project up on appeal City Council/RSA Agenda 655 Tuesday, April 11, 2023
17 Planning Commission Study Session
• Planning Commission held a Study Session to review draft amendments at March 16, 2023 meeting
• Commission asked several clarifying questions and a Desk Item was prepared in response to question and comments from Commissioner Lew and to introduce Site Development Review amendment
• Minor updates were made to the draft amendments, which were included in the version provided to the City Council
City Council/RSA Agenda 656 Tuesday, April 11, 2023
18 Recommendation and Next Steps
• Staff recommends that the City Council provide feedback on the draft amendments
• Draft amendments, which incorporate the feedback received, will be brought back to the Planning Commission and City Council in the June timeframe • Planning and Economic Development staff are planning a Broker’s Roundtable in May to provide an update on the draft amendments • Staff will also be outreaching to property/business owners on proposed amendments
City Council/RSA Agenda 657 Tuesday, April 11, 2023
Item 7.b
Study Session for draft Chapter 18.XX
Mixed-Use Employment (EMU) District
(AT-23-002, A-23-001)
City Council/RSA Agenda 658 Tuesday, April 11, 2023
20 Alvarado
Business Park
Central Bay
Business Park
City Council/RSA Agenda 659 Tuesday, April 11, 2023
21 Chapter 18.XX: EMU (Mixed-Use Employment) District
Section 18.XX.010: Purpose
• Provide purpose of each Industrial district
• Aligned purpose to Union City 2040 General Plan
Mixed Use Employment (EMU)
Accommodate a mix of employment uses, including but not limited to light industrial, research and development, office, and flex space, as well as supportive commercial uses that are vertically or horizontally integrated. The Mixed-use Employment designation is intended to foster innovation and emerging technologies; promote the creation of an employment district with travel patterns that are oriented toward pedestrian, transit, and bicycle use; and provide amenities to employees as well as surrounding neighborhoods.
City Council/RSA Agenda 660 Tuesday, April 11, 2023
22 Chapter 18.XX: EMU (Mixed-Use Employment) District
Section 18.XX.020: Use regulations – Mixed Use Employment (EMU) • Allow a mix of employment and supportive uses.
Ground Floor Commercial
uses
Industrial Uses
(Manufacturing)
Research and
Development, Office Uses
Other Uses
Banks and Financial
Institutions
Pharmaceuticals and
products from the life
sciences and biotechnology
industries
Engineering and design
laboratories and related
facilities
Hotels
Business Services Electric and electronic
supplies, instruments and
devices, semiconductors,
and computer chips
Research and development
laboratories and related
facilities
Incubator Spaces
Food Service Uses Food products Office Uses Maker space Office and medical Office
Uses
Fabricated metal products Microbreweries, wineries, or
distilleries with accessory
food service
City Council/RSA Agenda 661 Tuesday, April 11, 2023
23 Chapter 18.XX: EMU (Mixed-Use Employment) District
Section 18.XX.040: Performance Standards
• Performance standards to incorporate current best practices • Requires uses to be conducted entirely indoors including storage, except for offstreet parking / loading areas and solid waste/recycling enclosures* • Requirement to maintain site for life of project
• Limitations on driveways due to frontage on Union City Boulevard* • Additions / modifications designed to integrate with existing development and consistent with new design standards
• Compliance with requirements related to management of solid waste, organic waste, and recyclable materials
• Limitations on uses with nuisance characteristics
City Council/RSA Agenda 662 Tuesday, April 11, 2023
24 Chapter 18.XX: EMU (Mixed-Use Employment) District
Section 18.XX.050: Development Standards
Standard Mixed-Use Employment (EMU)
Site area, minimum One (1) Acre
Floor area ratio, FAR .40 minimum
2.0 maximum
Street frontage,
minimum* 150 feet
Lot depth, minimum* 200 feet
Front yard setback,
minimum 10 feet
City Council/RSA Agenda 663 Tuesday, April 11, 2023
25 Chapter 18.XX: EMU (Mixed-Use Employment) District
Section 18.XX.050: Development Standards
Standard Mixed-Use Employment (EMU)
Interior side yard
setback, minimum
5 feet
50 feet when adjoining a residential district or use
Street side yard setback,
minimum 10 feet
Rear yard setback,
minimum
10 feet
50 feet when adjoining a residential district or use
Maximum Height
60 feet. Rooftop employee amenities may be permitted,
including, but not limited to, break rooms and kitchens, recreational facilities, gardens and seating areas provided they do not exceed twenty (20) feet in height. Buildings along major arterials must be a minimum of two (2) stories.
City Council/RSA Agenda 664 Tuesday, April 11, 2023
26 Chapter 18.XX:
EMU (Mixed-Use
Employment)
District
Section 18.XX.060: Supplemental Standards
• Establish other supplemental standards.
Permitted Obstructions – Allow obstruction in required yards Signage – Allow signage consistent with Chapter 18.30 and/or approved sign program
Walls and Fences – Location, height and material standards for Walls and Fences
Employee Amenity Areas – Require amenities for use and enjoyment of employees
City Council/RSA Agenda 665 Tuesday, April 11, 2023
27 Chapter 18.XX:
EMU (Mixed-Use
Employment)
District
Section 18.XX.060: Supplemental Standards
• Establish other supplemental standards.
Sidewalk and Street Frontage Improvements – Sidewalk maintenance and installation of street frontage improvement if non exist Landscaping –compliance with existing Landscaping standards in Chapter 18.112
Equipment screening – Mechanical/utility equipment siting and screening requirements
Bicycle and pedestrian facilities – Requirements to accommodate bicycle and pedestrian facilities and access
City Council/RSA Agenda 666 Tuesday, April 11, 2023
28 Chapter 18.XX: EMU
(Mixed-Use Employment)
District
Section 18.XX.070: Off Street Parking and
Loading
• Establish parking and loading
requirements, and parking structures
standards
• Establish parking requirements for flex
industrial buildings.
Section 18.XX.080: Bicycle Parking
• Establish bicycle parking requirements.
City Council/RSA Agenda 667 Tuesday, April 11, 2023
29 Section 18.XX.090:
Design Criteria
• Add new architectural and exterior material standards • “Modern” vocabulary with varied geometric volumes and variety of high-quality materials
• Minimize massing and limit blank walls • Clearly defined and distinguishable building entrances • Architectural features, building colors and glazing • Design of ground floor commercial uses • Size of tenant space, glazing, detailing elements, architectural features
City Council/RSA Agenda 668 Tuesday, April 11, 2023
30 Planning Commission Study Session
• Planning Commission held a Study Session to review draft amendments at March 16, 2023 meeting
• Commission asked several clarifying questions and a Desk Item was prepared in response to question and comments from Commissioner Lew and to introduce Site Development Review amendment
• Minor updates were made to the draft amendments, which were included in the version provided to the City Council
City Council/RSA Agenda 669 Tuesday, April 11, 2023
31 Recommendation and Next Steps
• Staff recommends that the City Council provide feedback on the draft amendments
• Draft amendments, which incorporate the feedback received, will be brought back to the Planning Commission and City Council in the June timeframe • Planning and Economic Development staff are planning a Broker’s Roundtable in May to provide an update on the draft amendments • Staff will also be outreaching to property/business owners on proposed amendments
City Council/RSA Agenda 670 Tuesday, April 11, 2023
Agenda Item
DATE: 4/11/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC, AND COMMUNITY DEVELOPMENT
DIRECTOR
SUBJECT: STUDY SESSION FOR DRAFT AMENDMENTS TO TITLE 18, ZONING OF THE UNION CITY MUNICIPAL CODE TO ADD CHAPTER 18.XX MIXED-USE EMPLOYMENT (EMU) DISTRICT (AT-23-002) AND REZONE PROPERTIES IDENTIFIED IN THE GENERAL PLAN AS MIXED-USE EMPLOYMENT (A-23-001)
Staff recommends that the City Council hold a Study Session and provide feedback on draft amendments to Title 18, Zoning, of the Union City Municipal Code to add Chapter 18.XX, Mixed-Use Employment (EMU) Zoning District (AT-23-002). The project also includes a Zoning Map Amendment to re-designate the lands identified in Figure 1 below to EMU for consistency with the 2040 General Plan. The Study Session provides an opportunity to provide feedback on the draft amendments. The draft amendments are shown in Attachment 1: Exhibit A. Since this is a new zoning chapter, there is no redlined version attached.
The Planning Commission held a Study Session to provide feedback on the draft amendments at its March 16, 2023 meeting.
Attached to this staff report are the Planning Commission Staff Report (Attachment 2). See Planning Commission Desk Item (Attachment 3), and Draft Planning Commission Meeting Minutes (Attachment 4).
STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:
Goal C. Institute forward-thinking business, land use development, housing, social services, and public safety strategies that promote community growth and innovation.
Goal C. Strategy 1. Analyze the feasibility of transforming warehouses to attract high-value industrial and commercial uses for the benefit of the community.
Goal C. Strategy 15. Improve and streamline the development process. (Council Priority)
BACKGROUND
The Union City 2040 General Plan designated some properties along the Union City Boulevard corridor as Mixed-Use Employment. See Figure 1 below. To implement the vision of the General Plan, staff has a drafted the new Mixed-Use Employment (EMU) Zoning District. These standards are based on the Station East Employment (SEE) Zoning District, which shares similarities with the EMU Zoning District. Both zoning districts provide for mixed use employment centers, which are more dense then the City’s more traditional industrial areas. The amendments also reflect the design criteria and performance standards proposed as part of the updates to Chapter 18.40, Industrial Districts, prepared in response to Goal C, Strategy 1. When the amendments come back to the City Council for formal adoption, they will be accompanied by a Zoning Map Amendment to apply the new EMU designation to the area shown below as “Employment Mixed Use.” The current zoning for the area is Special Industrial (MS).
City Council/RSA Agenda 671 Tuesday, April 11, 2023
DISCUSSION
A high-level summary of draft amendments are included below. See Attachment1: Exhibit A for the proposed amendment wording and the Planning Commission Staff Report (Attachment 2) for a more detailed review.
A. Chapter 18.XX Mixed-Use Employment (EMU)
Staff is still working to identify a possible chapter number for the new zoning chapter. Due to a lack of available chapter numbers within the Zoning Ordinance in the range where the other mixed-use districts are located, staff is considering combining the new EMU contents with the Station East Employment (SEE) zoning requirements into one chapter focused on higher density employment areas with mixed use zoning. This issue will be addressed when the draft amendments come back for adoption.
Section 18.XX.010 Purpose
The draft amendments incorporate the purpose of the EMU Zoning District, which has been aligned to the purpose provided in the General Plan. The purpose of the district is to provide a new employment mixed use area. The EMU designation is intended to foster innovation and emerging technologies; promote the creation of an employment district with travel patterns that are oriented toward pedestrian, transit, and bicycle use; and provide amenities to employees as wellas surrounding neighborhoods.
Section 18.XX.020 Use Regulations – Mixed Use Employment.
The draft amendments combine all uses into a single table for ease of use. Included uses align with the purpose of the EMU Zoning District by allowing a mix of employment uses. These uses include light industrial, research and development, office, and flex space, as wellas supportive commercial uses that are vertically or horizontally integrated.
Section 18.XX.040 Performance Standards
The draft amendments would include performance standards to incorporate current best practices and ensure sites are maintained. These standards include:
1. Limitations on outdoor storage;
2. Standards for solid waste, organic waste and recyclable materials enclosure;
3. Site maintenance;
4. Hazardous materials regulations;
5. Limitations on the number of driveways per street frontage;
6. Standards for additions and modifications to exiting industrial development; and
7. Limitations on nuisance characteristics such as odors, noise, vibrations, etc.
Section 18.XX.050 Development Standards
The draft amendments would include all development standards into a single table for ease of use, which is listed below.
City Council/RSA Agenda 672 Tuesday, April 11, 2023
Section 18.XX.060 Supplemental Standards
The draft amendments incorporate all supplemental standards into a single section. These supplemental standards include permitted obstructions, signage, walls and fences, landscaping, employee amenity areas, sidewalks and street frontage improvements, equipment screening, and bicycle and pedestrian facilities.
These performance standards ensure new development is well-designed and accommodates a variety of flex-industrial uses including office and research and development. In addition, including these standards in the chapter ensures applicants are aware of what is expected, which streamlines the approval process by cutting down the back and forth between the applicant and staff.
Section 18.XX.070 Of -Street parking and loading / Section 18.XX.080 Bicycle Parking The draft amendments establish parking and loading requirements that align with those included in Chapter 18.40, Industrial Districts. Additionally, the amendments include parking requirements for Research and Development / laboratory, parking structures requirements, and clarify parking requirements for flex industrial buildings.
The draft amendments establish bicycle parking standards consistent with those proposed in Chapter 18.40, Industrial Districts.
Section 18.XX.090 Design Criteria
The draft amendments establish objective design standards for the EMU District. The standards encourage attractive architectural developments, create a stronger sense of place and a more positive image for the industrial districts. The standards promote the use of a “Modern” building vocabulary, minimize massing and black walls, require the incorporation of architectural features and detailing as well as high quality materials and the use of color. Similar to the discussion above, there is also the added benefit of including the design criteria in the chapter, which streamlines the approval process by cutting down the back and forth between the applicant and staff.
B. Planning Commission Meeting
The study session for the draft amendments was held at the Planning Commission on March 16, 2023. The Commission provided feedback to staff regarding the draft amendments. For a detailed overview of the Planning Commission discussion, see the attached Meeting Minutes labeled Attachment 4.
The Commission also reviewed a Desk Item (Attachment 3) concerning question and comments from Commissioner Lew regarding the proposed amendments. One Desk Item was prepared for the proposed amendments to Chapter 18.40 and Chapter 18.76 as well as the amendments discussed in this staff report. The feedback addressed some clarifying questions, recommendations to address formatting issues and minor updates. The Desk Item includes responses to each of these items. A majority of these edits have been incorporated into the proposed amendments attached to this staff report.
C. Next Steps
Following the study session, staff will work on addressing the feedback provided and plans to return in the May/June timeframe for Planning Commission and City Council formaladoption of the proposed amendments.
FISCAL IMPACT
No fiscal impacts to the General Fund would result from adoption of the proposed zoning text amendments.
RECOMMENDATION
City Council/RSA Agenda 673 Tuesday, April 11, 2023
RECOMMENDATION
Staff recommends that the City Council hold a Study Session and provide feedback on the draft amendments.
Prepared by:
Brandon H DeLucas, Associate Planner
Submitted by:
Brandon H DeLucas, Associate Planner
ATTACHMENTS:
Description Type
Attachment 1: Exhibit A (Draft Amendments) Exhibit
Attachment 2: Planning Commission Staff Report dated 03/16/2023 Attachment Attachment 3: Desk Itemdated 03/16/2023 Attachment
Attachment 4: Draft Planning Commission Minutes dated 03/16/2023 Attachment Item7.b Powerpoint Attachment
City Council/RSA Agenda 674 Tuesday, April 11, 2023
ATTACHMENT 1: EXHIBIT A Draft Amendments
Chapter 18.XX. EMU (Mixed-Use Employment) District Regulations
18.XX.010 Purpose
The purpose of the Mixed-use Employment (EMU) district is to accommodate a mix of employment uses, including but not limited to light industrial, research and development, office, and flex space, as well as supportive commercial uses that are vertically or horizontally integrated. The Mixed-use Employment designation is intended to foster innovation and emerging technologies; promote the creation of an employment district with travel patterns that are oriented toward pedestrian, transit, and bicycle use; and provide amenities to employees as well as surrounding neighborhoods.
18.XX.020 Use Regulations – Mixed Use Employment (EMU)
Table 18.XX.020 Land Use Regulations—Mixed-Use Employment sets the land use regulations for the EMU (Mixed-Use Employment) district by letter designation as follows unless a use or activity is prohibited or subject to a higher level of permit pursuant to other parts of this Section, other requirements of the Union City Municipal Code, or other applicable regulations:
"P" designates permitted uses.
"A" designates uses that are permitted after review and approval of an Administrative Use Permit (Chapter 18.54).
"UP" designates uses that are permitted after review and approval of a Conditional Use Permit (Chapter 18.56).
"-" designates uses that are not allowed.
Any other use determined by the decision maker to be essentially the same or very similar to the uses in in table 18.XX.020 may be permitted. In making this determination, the findings required under Section
18.52.060 shall be addressed. Land uses defined in the Union City Municipal Code and not listed in the table or not found to be substantially similar to the uses below are prohibited. Unless otherwise explicitly stated, all uses shall be conducted indoor.
Table 18.XX.020 Use Regulations – Mixed Use Employment (EMU) Use Mixed-Use
Employment
(EMU)
Specific Use Regulations/
Notes
GROUND FLOOR COMMERCIAL USES AS PART OF AN OFFICE OR INDUSTRIAL DEVELOPMENT, OR HOTEL
Banks and financial institutions UP Excluding check cashing businesses Business services UP
Including copying, printing, mailing
services and sign shops.
Child Care Facilities UP
Civic facilities P
Fitness and recreational facilities UP
City Council/RSA Agenda 675 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit A (Draft Amendments), Page 2
Table 18.XX.020 Use Regulations – Mixed Use Employment (EMU) Use Mixed-Use
Employment
(EMU)
Specific Use Regulations/
Notes
Food service UP Excluding drive-though uses
Office uses including medical offices UP
INDUSTRIAL USES
Manufacture of pharmaceuticals and
products from the life sciences and
biotechnology industries
P
No noxious of offensive fumes or odors
are produced
Manufacture and assembly of electric
and electronic supplies, instruments and
devices, computer hardware and
software, semiconductors, and computer
chips
P
No noxious of offensive fumes or odors
are produced
Manufacture of fabricated metal
products
UP
Manufacture of food products P
Excluding production of fish or meat
products, sauerkraut, vinegar or the
like, or the rendering or refining of fats,
oils, or canning
Manufacture of scientific, medical, dental
and drafting instruments, orthopedic and
medical applications, optical goods,
watches and clocks, precision
instruments, musical instruments and
camera and photographic equipment
except film
P
Manufacturing, assembly, including
packaging and storage, of products from
previous prepared materials, such as
cloth, plastic, leather, precious or semiprecious metals or stones P
Excluding such operations as saw and
planing mills, and any manufacturing
uses involving primary production of
wood, metal or chemical products from
raw materials
RESEARCH AND DEVELOPMENT, OFFICE USES
Engineering and design laboratories and
related facilities
P
Office Uses AUP Excluding medical offices
Research and development laboratories
and related facilities
P
Including life sciences, medical and
pharmaceutical research, electronics,
and computer science
OTHER USES
City Council/RSA Agenda 676 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit A (Draft Amendments), Page 3
Table 18.XX.020 Use Regulations – Mixed Use Employment (EMU) Use Mixed-Use
Employment
(EMU)
Specific Use Regulations/
Notes
Civic facilities P
Commercial cannabis business P
Subject to the zoning requirements of
Chapter 18.117 and the licensure and
regulatory requirements of Chapter
5.44 Food service UP Excluding drive-through uses
Incubator Spaces AUP
Hotels UP
Live music (Amplified) UP
At food service uses, microbreweries,
wineries, and distilleries subject to the
standards of Section 18.36.195(B)
Live music (non-amplified) AUP
At food service uses, microbreweries,
wineries, and distilleries subject to the
standards of Section 18.36.195(B)
Maker space P
Media Production Studios UP
Microbreweries, wineries, or distilleries
with accessory food service
UP
Outdoor dining areas AUP
At food service uses, microbreweries,
wineries, and distilleries subject to the
standards of Section 18.36.195(B)
Professional trade schools and colleges UP Limited to programs serving persons 18 years or older
Retail sales of goods manufactured,
processed or assembled on the premises
P
Specialty trade contractors UP
18.XX.030 Accessory uses
A. Accessory uses customarily incidental to any of the above permitted uses when located on the same lot are permitted.
B. Accessory uses customarily incidental to any of the above conditional uses when located on the same lot are permitted only upon the granting or modification of a conditional use permit pursuant to the provisions of Chapter 18.56.
C. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.
18.XX.040 Performance standards
City Council/RSA Agenda 677 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit A (Draft Amendments), Page 4
A. All business, services, and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas and solid waste/recycling enclosures Outdoor storage is prohibited. Incidental equipment that is necessary to conduct the operation of the business and that is required to be installed outdoors may be allowed subject to approval by the Economic and Community Development Director or decision maker.
B. All development shall comply with Chapter 7.04 related to management of solid waste, organic waste, and recyclable materials and shall be enclosed within the building or within an enclosure meeting the requirements of Section 7.04.55.
C. Site shall be maintained in good order at all times and consistent with project conditions of approval (if applicable). This shall include, but not be limited to, maintenance and repair of all on-site structures including building façade materials or paint, fencing/walls, signage, paved areas including sidewalks and driveways, and landscaping, as may be necessary to preserve a high-quality aesthetic for the area..
D. All uses shall comply with the regulations pertaining to hazardous materials contained in Chapter 18.43.
E. Only one (1) driveway per parcel shall be permitted for each street frontage except that additional driveways may be permitted if determined by the Public Works Department that additional driveways are necessary to facilitate on-site traffic circulation.
F. Additions and modifications to industrial developments shall be designed to integrate with the existing development and shall be consistent with the standards included in Section 18.40.090 G. Permitted or conditional uses shall not:
1. Emit obnoxious, toxic or corrosive fumes or gases;
2. Emit odors, heat or glare perceptible beyond property lines;
3. Emit smoke nor discharge into the air dust or other particular matter created by any industrial operations or emanating from any products stored prior or subsequent to processing;
4. Produce noise perceptible beyond property lines, except as may be allowed by the Union City Community Noise Ordinance (Chapter 9.40 of the Union City Municipal Code);
5. Produce no physical vibration perceptible beyond property lines;
6. Produce no electromagnetic radiation or radioactive emission injurious to human beings, animals or vegetation, except under controlled operations being conducted observing standard methods or operations established by the California Department of Health Services, CAL-OSHA or the Nuclear Regulatory Commission. The most restrictive requirements shall apply. Electromagnetic radiation or radioactive emissions shall not be of an intensity that interferes with the use of any other property; City Council/RSA Agenda 678 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit A (Draft Amendments), Page 5
7. Do not engage in the production or storage of any material designed for use as an explosive, nor in the use of such material in production; and
8. Utilize diesel fuel powered equipment unless for standby emergency use only.
18.XX.050 Development Standards
Table 18.XX.050 Development Standards
Standard Mixed-Use Employment (EMU)
Site area, minimum One (1) Acre
Floor area ratio, FAR .40 minimum
2.0 maximum
Street frontage,
minimum*
150 feet
Lot depth, minimum* 200 feet
Front yard setback,
minimum 10 feet
Interior side yard
setback, minimum
5 feet
50 feet when adjoining a residential district or use
Street side yard
setback, minimum 10 feet
Rear yard setback,
minimum
10 feet
50 feet when adjoining a residential district or use
Maximum Height
60 feet. Rooftop employee amenities may be permitted, including, but not limited to, break rooms and kitchens, recreational facilities, gardens and seating areas provided they do not exceed twenty (20) feet in height.
Buildings along major arterials must be a minimum of two (2) stories. * Exceptions may be granted by the decision maker through the Site development review process if it results in a more usable lot configuration or to accommodate lots created for public or common use.
18.XX.060 Supplemental Standards
A. Permitted Obstructions in required yards:
1. Roof overhangs as provided in Section 18.24.050
2. Pedestrian Paths
3. Street access driveways and associated curbing
4. Parking and loading facilities in side and rear yards not adjoining a street
5. Signage in conformance with Chapter 18.30
6. Railroad spur tracks, drill tracks, switches, bumpers, except that such uses shall not be permitted in required yards that adjoin any district other than another industrial district (i.e., MG, ML, MS, and EMU).
7. Walls and fences subject to the provision under Section 18.XX.060(C)
8. Landscaping and landscape features as provided for in Section 18.XX.060(D)
9. Public art
B. Signs, marquees, awnings.
1. Signage shall be consistent with Chapter 18.30 and any approved sign plan or planned sign program. Signage shall be designed as an integral element of a building’s architecture and City Council/RSA Agenda 679 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit A (Draft Amendments), Page 6
shall be compatible, including color and scale, with the building. A sign plan or planned sign program, consistent with Section 18.30.100, shall be required for any development.
C. Walls and fences
1. In areas outside of the required yards, the maximum height shall be eight (8) feet above the surface of the ground.
2. In the required rear and side yard, the maximum height shall be eight (8) feet above the surface of the ground.
3. Where a site adjoins a district other than an industrial district (i.e., MG, ML, MS, and EMU), a solid wall, at least six (6) feet in height but not greater than eight (8) feet, shall be provided along the property line adjoining the nonindustrial district. Climbing vines, or similar landscaping, shall be provided along the exterior of the wall. When the wall is located within a required front yard, then said wall shall not exceed three (3) feet in height.
4. The design of fences and walls shall aesthetically complement the development, be constructed of high-quality materials, be compatible with neighboring yards, fences and structures, and be subject to review and approval by the city prior to installation. Acceptable materials along street frontages are deemed to be masonry, concrete, and tubular streel. New walls shall include a landscape strip in front to accommodate climbing vines or other suitable plant material to reduce the susceptibility for graffiti. Wire mesh fencing is permitted along non-street facing property lines. The use of barbed wire, razor wire and cyclone (i.e., chain-link) fencing is prohibited.
D. Employee amenity areas
1. All new development and additions that expand existing floor area by 25 percent or more, resulting in at least 10,000 square feet of floor area, shall provide an employee area of at least 300 square feet in size. The employee use area shall be identified and improved as passive or active recreational space, or indoor or outdoor amenities for the use and enjoyment of employees.
E. Sidewalks and Street Frontage Improvements.
1. Sidewalks, curbs, and gutters along a site’s frontage(s) shall be maintained to the satisfaction of the City Engineer. All new buildings, additions to buildings which increase existing square footage by fifty percent (50%) or more, or projects that include substantial site modifications, shall provide sidewalks, curbs, and gutters if none already exist.
Improvements shall be installed consistent with City standards and specifications.
F. Landscaping.
1. New landscaping and modifications to existing landscaping shall comply with the provisions listed in Chapter 18.112 and the Landscape Standards Policy Statement. Approved landscaping shall be maintained for the life of the project including replacement of dead, dying or deficient landscaping.
2. Projects that include development of a vacant site or substantial modification of a developed site, shall provide landscaped areas that measure a minimum fifteen percent (15%) of the project site area. Projects that cannot provide the minimum amount of required landscaping may shall a landscape in-lieu fee in the amount set forth in the City’s Master Fee Schedule subject to approval through the Site development review process.
3. Parking Lot Coverage. To provide adequate visual screening of any surface parking areas from public rights-of-way, there shall be a landscaped strip ten (10) feet in width which shall City Council/RSA Agenda 680 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit A (Draft Amendments), Page 7
be contiguous and parallel to such rights-of-way and shall be planted with trees, shrubs, and ground cover sufficient to obtain the required screening.
G. Equipment screening. Mechanical/utility equipment shall be sited and screened in accordance with the following:
1. In instances where mechanical equipment cannot be located within the building or undergrounded due to building code or utility provider requirements, it shall be adequately screened from off-site view and located at the rear of the site in an enclosure with walls matching the material and color of the building. The enclosure shall include gates or heavy gauge corrugated steel and shall be surrounded by trees, shrubs or climbing vines;
2. In instances where mechanical equipment is located on the building roof, roof top screening shall be provided, which is integrated into the building architecture; and
3. Alternate design, screening, or siting may be considered to meet utility provider requirements
H. Bicycle and pedestrian facilities. Projects that include development of a vacant site or substantial modification of a developed site shall accommodate bicycle and pedestrian facilities / access including:
1. Provisions for safe, well-lit and visually attractive pedestrian access from public streets to the parking areas and building entries;
2. Pedestrian pathways between buildings and parcels;
3. Publicly accessible pedestrian amenities which may include plazas, pocket parks, seating areas, fountains, public art, and/or eating areas;
4. Orientation of outdoor public spaces towards activated ground-floor building frontages.
18.XX.070 Off-Street parking and loading
A. Off-street automobile parking shall be provided consistent with the following standards.
Table 18.XX.070 Off-Street Parking
Use Minimum Off-Street Parking Requirements
Office 1.0 space / 300 square feet
Research and Development
laboratory
1.0 space / 500 square feet
Manufacturing 1.0 Space / 1000 square feet
Other Uses See Section 18.36.050
City Council/RSA Agenda 681 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit A (Draft Amendments), Page 8
1. Flex Industrial buildings built without an end user selected and/or on speculation shall provide a minimum of one (1) parking space for each three hundred (300) square feet of the gross floor area for twenty-five percent (25%) of the building in addition to providing parking for the remaining seventy-five percent (75%) of the gross floor area consistent with the standards listed above.
2. All parking areas shall be designed and maintained in accordance with the provisions of Chapter 18.28.
3. In addition to the minimums above, one (1) parking space for each vehicle used in the conduct of the enterprise shall be provided.
4. Off-street parking requirements for other uses shall be provided on the same basis as required for the most similar use or as determined by the decision maker.
5. Truck trailer parking spaces shall have a minimum dimension of twelve (12) feet by fiftyfive (55) feet when parked perpendicular and twelve (12) feet by sixty-five (65) feet when parked parallel.
a. The number of truck trailer parking spaces required by section 18.40.070 may be decreased by the decision maker for a specific use if it is found that such use will not create as great a need for truck trailer parking and that the use is reasonably likely to continue for at least ten (10) years. b. The number of truck trailer parking spaces required by section 18.40.070 may be increased by the decision maker if it is found that a use will create an additional need for truck trailer parking.
6. When determined necessary by the decision maker to reasonably serve the anticipated use, visitor parking, in addition to the above requirements, shall be provided.
7. Parking Structures.
a. Parking structure facades shall be designed as compatible visual extensions of the primary buildings.
b. Auto entries shall be located in a manner that minimizes pedestrian/auto conflicts.
c. Decorative screening or other decorative element constructed of durable, highquality materials shall be provided on parking structure facade.
B. Off street loading: For each building constructed or use established, off-street loading shall be provided according to the following:
1. Loading docks and berths shall be provided adequate to serve the use. Such facilities shall be located to the side and rear of buildings and shall be adequately screened and landscaped so as to not be visible from the public rights-of-way. Truck loading areas and activities shall not conflict with on-site circulation and parking. All truck loading doors and docks shall be screened from view by an architecturally acceptable decorative wall City Council/RSA Agenda 682 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit A (Draft Amendments), Page 9
or other acceptable alternative which does not encroach into required landscaped areas.
2. Loading Berths. Loading berths shall be a minimum of ten (10) feet wide by twenty-five (25) feet long.
18.XX.080 Bicycle Parking
A. Bicycle parking facilities shall be provided, at a minimum, in an amount equal to:
Table 18.XX.080 Bicycle Parking
Use Short-Term Bicycle
Parking Requirements
Long-Term Bicycle
Parking Requirements
Retail 1.0 space / 3,000 square feet 1.0 space / 10,000 square feet Office, Research and
Development Lab, and
Manufacturing
1.0 space / 20,000 square feet 1.0 space / 7,000 square feet B. Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080.
C. Bicycle parking may be substituted for automobile parking subject to the provisions outlined in Section 18.28.100 and approval by the decision maker.
D. The number of required bicycle parking facilities may be increased by the decision maker for a specific use if it is found that such a use shall create a greater demand for these facilities.
18.XX.090 Design Criteria
A. Architectural standards. Buildings shall be designed with a contemporary or “Modern” vocabulary, using varied geometric volumes and a variety of high-quality materials (e.g. metal and glass). The following shall apply to any new buildings, additions to buildings which increase existing square footage by fifty percent (50%) or more, or modifications to existing buildings which modify the exterior of the building:
1. To minimize overall massing building elevation shall incorporate the following:
a. Variations in wall plane, wall height, trim or reveals, entry and window openings, and/or varying colors and materials; and
b. Detailing including elements such as recesses, columns, living walls, score lines, reveals, trellises, lighting, or other features to create shadow patterns and depth on building elevations; and
c. Other elements as required by the Director
2. Blank walls should not occupy over thirty percent (30%) of the principal frontage, and a section of blank wall should not exceed twenty (20) linear feet without being interrupted by a variation in wall plane, wall height, trim or reveals, entry and window openings.
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City Council Study Session, April 11, 2023
Attachment 1: Exhibit A (Draft Amendments), Page 10
3. Design entries so that they are clearly defined and distinguishable from the street.
Incorporate architectural features such as awnings, canopies, trellises, and/or other treatments such as vertical architectural features or unique building colors or materials to clearly identify primary building entries.
4. A minimum of fifty percent (50%) of the building wall area located within twenty (20) feet of the midpoint of a primary building entrance shall be comprised of transparent windows or openings. Glass is considered transparent where it has a transparency higher than eighty percent (80%) and external reflectance of less than fifteen percent (15%).
B. Exterior materials. Exterior building materials shall be chosen based on character, durability, ease of maintenance and context, and may include:
1. Steel—Porcelain enamel panels, steel windows, steel exterior doors, steel rails and fences, painted, stainless or pre-weathered steel are acceptable
2. Aluminum—Windows, panels (luco-bond and aluminum plate), storefront, curtain wall, doors; aluminum should be natural finish anodized, powder-coated or kynar (no bronze anodized)
3. Other Metal
4. Glass—Clear, low-e, nonreflective, solar-bronze or solar gray glass, shadow boxes and spandrel glass is permitted
5. Brick, natural clay colors;
6. Stone
7. Pre-cast concrete, glass-fiber reinforced concrete
8. High-quality, cast-in-place concrete
9. Ceramic tile
10. Cement plaster
11. Wood.
C. Ground floor commercial uses. The design of ground floor commercial uses shall comply with the following:
1. Minimum depth of commercial space is thirty-five (35) feet and minimum height is fifteen (15) feet floor to floor; and
2. A minimum of twenty-five percent (25%) of the ground floor commercial area shall be designed to accommodate a restaurant use; and
3. Between two and one-half (2 ½) feet and seven (7) feet above grade, ground floor transparency (i.e., amount of glazing) shall be fifty percent (50%) for all commercial uses; and
City Council/RSA Agenda 684 Tuesday, April 11, 2023
City Council Study Session, April 11, 2023
Attachment 1: Exhibit A (Draft Amendments), Page 11
4. Ground floor façades shall be designed to give identity to each retail and service establishment, through recesses, enhanced materials, signage and architectural features that are integral components of the building; and
5. The maximum distance of blank wall (a façade without doors, windows, landscaping treatments, or other pedestrian interest) on the ground level of any building facing a street, open space, or paseo shall not exceed twenty (20) feet in length; and
6. The design of ground floor commercial uses shall promote indoor/outdoor connections by providing some or all of the following:
a. Sliding or removable windows/doors;
b. Low planters with wide seat walls;
c. Recessed entrances and porticos that increase the indoor/outdoor quality or allow for increased outdoor seating or display;
d. Awnings and canopies that may encroach into the public right-of-way subject to approval of an encroachment permit by the Public Works Department; and e. Visually transparent storefronts with clear glass windows and doors that are not blocked by storage, racks or shelving placed against glass.
City Council/RSA Agenda 685 Tuesday, April 11, 2023
Attachment 2:
Agenda Item
DATE: MARCH 16, 2023
TO: PLANNING COMMISSION
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY
DEVELOPMENT DIRECTOR
SUBJECT: STUDY SESSION FOR DRAFT ZONING TEXT AMENDMENTS TO TITLE 18, ZONING, OF THE UNION CITY MUNICIPAL
CODE TO ADD A NEW MIXED-USE EMPLOYMENT (EMU)
DISTRICT (AT-23-002) AND REZONE PROPERTIES
IDENTIFIED IN THE GENERAL PLAN AS MIXED-USE
EMPLOYMENT (A-23-001)
SUMMARY:
Staff is requesting feedback from the Planning Commission regarding draft amendments to Title 18, Zoning, of the Union City Municipal Code. These amendments create standards for the new EMU (Mixed-Use Employment) District. The project also includes a zoning map amendment to re-designate the lands identified in Figure 1 to EMU for consistency with the 2040 General Plan.
The Study Session provides an opportunity for the Commission and the public to provide feedback on the draft amendments. The draft amendments are shown in Exhibit A. Since this is a new zoning chapter, there is no redlined version attached.
I. BACKGROUND
The Union City 2040 General Plan designates some properties long the Union City Blvd. corridor as Mixed-Use Employment. (See Figure 1, Land Use Map). To implement the vision of the General Plan, staff has a drafted the new Mixed-Use Employment (EMU) Zoning District. These standards are based on a similar mixed use employment zoning district that was created in the Station District (SEE).
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AT-23-002 EMU Zoning Text Amendment, Page 2
Figure 1: General Plan Land Use Designations
II. DISCUSSION
A high-level summary of the draft zoning code updates are included below. For a more detailed review, see attached Exhibit A.
A. Draft Amendments
Staff is still working to identify a possible chapter number for this district. Due to a lack of available chapter numbers within the Zoning Ordinance in the range where the other mixed-use districts are located, staff is considering combining the new EMU amendments with the Station East Employment (SEE) zoning requirements into one chapter focused on industrial areas with mixed use zoning. This issue will be addressed when the draft amendments come back for adoption.
Section 18.XX.010 Purpose
The draft amendments incorporate the purpose of the Mixed-Use Employment (EMU) District. Which has been aligned to the purpose provided in the General Plan.
Section 18.XX.020 Use Regulations – Mixed Use Employment.
The draft amendments combine all uses into a single table for ease of use. Included uses align with the purpose of the Mixed-Use Employment (EMU) by allowing a mix of Mixed Use
Employment
Residential
(3-6 du/ac)
Residential (6-10 du/ac) N
Bettencourt Way
Tara Ct
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Planning Commission Study Session, March 16, 2023
AT-23-002 EMU Zoning Text Amendment, Page 3
employment uses. These uses include light industrial, research and development, office, and flex space, as well as supportive commercial uses that are vertically or horizontally integrated.
Section 18.XX.030 Accessory Uses
The draft amendments would allow for accessory uses and structure that are incidental to a permitted or conditional permitted use.
Section 18.XX.040 Performance Standards
The draft amendments would include performance standards to incorporate current best practices and ensure sites are maintained.
Section 18.XX.050 Development Standards
The draft amendments would include all development standards into a single table for ease of use. Additionally, the amendments add FAR requirements from the General Plan Section 18.XX.060 Supplemental Standards
The draft amendments would incorporate all supplemental standards into a single section. Example of these standards include employee amenity areas, sidewalks and street frontage improvements, and bicycle and pedestrian facilities.
Section 18.XX.070 Off-Street parking and loading
The draft amendments would establish parking and loading requirements that align with those required for the Industrial Districts. Additionally, the amendments include parking requirements for Research and Development / laboratory, parking structures requirements, and clarify parking requirements for flex industrial buildings.
Section 18.XX.080 Bicycle Parking
The draft amendments would establish bicycle parking standards consistent with those proposed in the Industrial Districts.
Section 18.XX.090 Design Criteria
The draft amendments would establish objective design standards for the EMU District.
The intent of adding these standards are to encourage attractive exterior architectural standards for all developments.
B. Map Amendment
The project also includes a zoning map amendment to rezone the properties included in Figure 1 from Special Industrial (MS) to EMU for consistency with the 2040 General Plan.
City Council/RSA Agenda 688 Tuesday, April 11, 2023
Planning Commission Study Session, March 16, 2023
AT-23-002 EMU Zoning Text Amendment, Page 4
Next Steps
Staff will be presenting the draft amendments to the City Council as part of a Study Session on April 11th, 2023. Following the study session staff will return mid spring for the Planning Commission to review and make a formal recommendation to City Council on the proposed amendments.
III. RECOMMENDATION
Staff recommends that the Planning Commission provide feedback on the draft Municipal Code Amendments
Prepared by
Brandon H DeLucas, Associate Planner
Attachments
Exhibit A: Draft Amendments
City Council/RSA Agenda 689 Tuesday, April 11, 2023
City Council/RSA Agenda 690 Tuesday, April 11, 2023
Desk Item
DATE: MARCH 16, 2023
TO: PLANNING COMMISSION
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY
DEVELOPMENT DIRECTOR
SUBJECT: STUDY SESSION FOR DRAFT AMENDMENTS TO TITLE 18,
ZONING, OF THE UNION CITY MUNICIPAL CODE TO UPDATE
CHAPTER 18.40, INDUSTRIAL DISTRICTS, AND ADD CHAPTER
18.43, USE OF HAZARDOUS MATERIALS (AT-23-003) AND STUDY SESSION FOR DRAFT ZONING TEXT AMENDMENTS TO TITLE 18,
ZONING, OF THE UNION CITY MUNICIPAL CODE TO ADD A NEW
MIXED-USE EMPLOYMENT (EMU) DISTRICT (AT-23-002) AND
REZONE PROPERTIES IDENTIFIED IN THE GENERAL PLAN AS
MIXED-USE EMPLOYMENT (A-23-001)
Staff is proposing updates to Chapter 18.76 Site Development Review to ensure Site Development Review applies to all zoning districts. Additionally, Staff has received direction to evaluate having the Planning Commission be the decision-making body for Site Development Reviews instead City Council. This change would further streamline reviews and align our process with those in neighboring jurisdictions. Attached is an additional Exhibit A illustrating the draft updates to Chapter 18.76.
Staff received questions/comments from Planning Commissioner Lew regarding the project.
The following are the questions received and staff’s responses (in red italics) Commissioner Lew Comments
I. Agenda item 6.B.1, Exhibit A:
a. Page 1, Section 18.40.020 lists the letter designations used in Table 18.40.020. However, this table uses “C”, which is not listed in this section. Please provide a description for “C.”
b. Page 1, Section 18.40.020 lists the letter designation of “UP”, which is not used in Table
18.40.020. Please explain its inclusion as a letter designation.
The acronym “UP”, which stands for “Use Permit”, will replace “C”. The table will be updated in the version brought back to Planning Commission for recommendation.
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Planning Commission Study Session Desk Item, March 16, 2023 AT-23-003 Industrial Zoning Text Amendment, Page 2
c. Page 2 – Table 18.40.020 begins on page 2; however the table is not properly titled as “Table 18.40.020 Land Use Regulations” on any of the subsequent pages in this section.
Please correct this omission.
Table will be updated in the version brought back to Planning Commission for recommendation. d. Page 6, Table 18.40.020, Food and kindred products, Manufacturing and packing of food products – does this use include indoor farms where fresh foods are grown indoors? Please clarify or explain the omission of indoor farms in this table.
Staff will evaluate indoor farm uses as a potential use and may include as its own category in the version brought back to Planning Commission for recommendation. e. Page 7,Table 18.40.020, Retail, Commercial cannabis business – does the description of this use include cannabis manufacturing, testing, distribution, and cultivation in addition to retail? Please clarify.
The term “Commercial cannabis business” will be updated to “Commercial cannabis use”, which is defined in Chapter 18.117 and includes cultivation, possession, distribution, laboratory testing, labeling, retail, delivery, sale or manufacturing of cannabis or cannabis products. f. Page 13, Section 18.040.060F2, 4th line – regarding the phrase “may pay a landscape inlieu fee”, please clarify when the applicant/property owner will be required to pay this fee and when he/she will be exempt from paying the fee. I believe this fee applies to anyone who is unable to meet the City’s minimum landscape coverage requirements.
If landscaping cannot be provided on site due to site constraints, the applicant can pay a landscape in-lieu fee otherwise the landscaping must be provided on site. g. Page 16, table in Section 18.40.080 – this table has no identification as to table number or title. In addition, the bicycle parking requirements for “Office, Research and Development Lab” and “Manufacturing, Warehouse, distribution and Storage” and their applicable parking requirements appear in the same boxes. (1) I recommend each facility and their associated parking requirements be shown in separate boxes. (2) Also, the header for the first column should be the title of the table and the first column should be titled “Facility Type” to align with the types of facilities listed below. (3) Finally, “distribution” should start with a capital “d” to be consistent with the names of the other listed facilities.
Table will be updated in the version brought back to Planning Commission for recommendation. h. Page 21 and 22 contain “Table Notes” but it is unclear which notes correspond to which items in the table in Section 18.43.050. Also, this table has no identification as to table number or title. Please explain how the notes apply to the items in the table and add, at a minimum, a title for the table.
Table will be updated in the version brought back to Planning Commission for recommendation.
The notes apply to the entire table.
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Planning Commission Study Session Desk Item, March 16, 2023 AT-23-003 Industrial Zoning Text Amendment, Page 3
II. Agenda item 6.B.2:
a. Page 1 of the Director’s memo, Background section, 1st para., 1st line – “long” should be “along.” Please correct this error.
Edit will be made for the Report going to City Council Study Session. b. Page 1 of the Director’s memo identifies a new zoning district along Union City Blvd. named Mixed-Use Employment (EMU). Exhibit A, page 1, states the purpose of this zoning district is “the creation of an employment district with travel patterns that are oriented toward pedestrian, transit, and bicycle use.” Please know that Union City Transit does not provide bus service along this portion of Union City Blvd., bicycle lanes are minimal and unprotected, and the pedestrian experience is noisy and stressful due to road traffic. Please clarify how the City will improve bus service and the travel experience for bicyclists and pedestrians in this zoning district.
The purpose identified in the proposed amendments reflects the vision identified through the 2040 General Plan process to orient travel patterns toward pedestrian, transit and bicycle use, as the corridor grows and changes. It does not reflect the current situation within the corridor. The purpose also provides policy guidance when staff is reviewing projects through the development review process, working on other long range planning efforts, or prioritizing CIP projects. For example, staff is currently working on a project within the corridor and requiring street improvements, including wider sidewalks enhanced landscaping, and other improvements to ensure a comfortable pedestrian environment. In addition, the Bicycle and Master Plan update, which occurred in 2021, identifies a Class IV bicycle facility within the corridor. Staff spoke with Transit staff who indicated the corridor was well served by AC Transit and no additional service was warranted.
c. Page 1, Section 18.XX.020, the letter designation “A” is listed but not used in the table.
The designation of “AUP” is used in the table but not listed. Please correct these errors.
The designation “AUP” will be used and updated in the version brought back to Planning Commission for recommendation.
d. Page 7, Section 18.XX.060F2 - regarding the phrase “may pay a landscape in-lieu fee”, please clarify when the applicant/property owner will be required to pay this fee and when he/she will be exempt from paying the fee. I believe this fee applies to anyone who is unable to meet the City’s minimum landscape coverage requirements.
If landscaping cannot be provided on site due to site constraints, the applicant can pay a landscape in-lieu fee otherwise the landscaping must be provided on site.
City Council/RSA Agenda 693 Tuesday, April 11, 2023
EXHIBIT A
Chapter 18.76 Site Development Review
18.76.010 Purpose.
Site development review is intended to promote orderly, attractive and harmonious development and the stability of land values and investments and the general welfare, by preventing the establishment of uses or the erection or maintenance of structures having unsightly, undesirable or obnoxious qualities which are not properly related to their sites, surroundings and traffic circulation in the vicinity, or which would not meet the specific intent clauses or performance standard requirement of the zoning title.
18.76.020 Applicability.
A. The site development review procedure shall apply to all proposed uses project in the following districtsall districts established under Title 18: Zoning.
Residential districts;
Hillside combining (-H) district;
Commercial (CPA, CN, CS, CC, CVR) districts;
Station East Employment (SEE) district;
Corridor Mixed Use (CMU) district;
Marketplace Mixed Use (MMU) district;
Station East Mixed Use Residential (SEMU-R) district;
Village Mixed Use (VMU) district;
Station Mixed Use Commercial (CSMU) district;
Union Landing Commercial (CUL) district;
Private Institutional (PI) district;
Industrial (MS, ML, MG) districts;
Agricultural (A) district;
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Planning Commission Study Session, March 16, 2023
Desk Item Exhibit A Draft Amendment, Page 2
Civic Center design control (CCDCD) district;
Landmark and Historic Preservation (LHP) Overlay Zone.
B. The site development review procedure shall apply to all projects enumerated in subsection A of this section unless determined by the Director to qualify for administrative site development review as provided in Chapter 18.72.
C. The site development review procedure shall not apply to City projects on Cityowned properties.
18.76.030 Application, fees and exhibits.
A. An application for a site development review shall be made to the City CouncilPlanning Commission on a form prescribed by the Director which shall include the following data:
1. Name and address of the applicant;
2. Statement that the applicant is the owner of the property or is the authorized agent of the owner;
3. Address or description of the property;
4. Statement indicating the precise manner of compliance with each of the applicable provisions of this title together with any other data pertinent to the findings prerequisite to the granting of a site development review prescribed in this chapter; B. The application shall be accompanied by the items identified by the Formal Application Checklist as prescribed by the Director.The application shall be accompanied by the following items:
1. A mailing list on mailing labels of adjacent property owners and/or occupants for the purpose of providing notice of the pending application.
2. A site plan prepared by a licensed civil engineer, land surveyor, architect, landscape architect or building designer; provided, however, that the boundary and topographic survey on the site plan shall be prepared by a licensed civil engineer or land surveyor whose seal shall appear on the site plan. The site plan shall show existing and proposed locations of streets, utilities, and drainage facilities, property lines, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities and landscaped areas. The site plan shall be drawn to scale and shall indicate clearly and with full dimension the following information:
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Desk Item Exhibit A Draft Amendment, Page 3
a. The registration number and signature of person or persons preparing the plan;
b. Parcel dimension in distance and bearings;
c. All existing and proposed building and structures—location, size, height and proposed uses, including front, side and rear elevations of proposed buildings showing architectural detail and exterior materials; d. Existing and proposed elevation and contours of lots and buildings; e. Yards and open spaces between buildings;
f. Walls and fences—location, height, and materials;
g. Off-Street Parking. Location, number of spaces, dimension or parking area, and internal circulation pattern, yard lighting and landscaping; h. Access. Pedestrian, vehicular, service, points of ingress and egress, internal circulation, design and improvements;
i. Street dedication and improvements, existing and proposed, if any; j. Proposed storm drainage plan with substantiating calculations; k. All existing trees which are twelve (12) inches or greater in circumference measured at thirty-six (36) inches above grade: type, size, location, dripline, condition and indication if tree is being saved or removed; l. Complete landscape plan pursuant to the landscape standards policy statement;
m. Site plans for other than residential uses shall contain the following additional information:
i. Signs. Locations, size, height, types of materials and lighting, ii. Loading. Location, dimensions, number of spaces and internal circulation,
iii. Lighting. Location and general nature.
3. Such other data, such as cross-sections, soils reports, arborist report, and a statement of use as may be required under the circumstances of each application to permit the City Council to make the required findings.
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Planning Commission Study Session, March 16, 2023
Desk Item Exhibit A Draft Amendment, Page 4
C. The application shall be accompanied by a fee in an amount established by resolution of the City Council.
D. All applications for site development review shall be filed through the Director for review and approval or disapproval by the City CouncilPlanning Commission prior to the issuance of any building permits.
18.76.040 Investigation.
The Director, upon receipt of an application for site development review, shall make such investigations as are necessary to determine whether or not the proposed use or structure conforms or may be conditioned to conform fully to the regulations for the district as herein set forth.
Such investigations shall include reports, upon referral, to other departments of the City, and any other public agency or district concerned.
If, in the opinion of the Director, the proposed use may cause the emission of dangerous or objectionable noise, odors, lights, dust, smoke or vibrations, the Director, with the consent of the applicant, may refer the application for investigation and report to one or more expert consultant(s) who shall report in writing to the Director and a copy of such report shall be furnished to the applicant. The applicant shall be required to pay the fee for services of the consultant(s).
At the conclusion of such investigation, the Director shall prepare a report thereon which shall be submitted to the Planning Commission and City Council.
18.76.045 Findings for approval.
A. All of the following findings are required for approval of a site development review:
1. Approval of this application is consistent with the General Plan and any applicable specific plans;
2. Approval of this application is consistent with the purposes of this title and the requirements of the district in which the site is located;
3. Approval of this application is consistent with the purpose of site development review as outlined in Section 18.76.010.
B. A site development review may be revocable and may be granted subject to such conditions as are necessary to support the above findings.
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Desk Item Exhibit A Draft Amendment, Page 5
C. The above findings are also required for any approval on appeal, or approval of a modification to a site development review.
18.76.050 Planning Commission public hearing—Notice.
The Planning Commission shall hold a public hearing for any application for a site development review permit. Notice of the public hearing shall be given pursuant to Section 18.52.082.
18.76.080 Planning Commission recommendationdecision and appeals.
A. The Planning Commission may grant an application for a site development review as applied for or in modified form, if on the basis of the application and the evidence submitted, the Commission finds that the application complies with the findings set forth in Section 18.76.045. The Planning Commission may adopt additional conditions of approval as the facts warrant.
B. The Planning Commission may deny an application for site development review.
The Planning Commission shall transmit a written recommendation to the City Council that the application be approved, conditionally approved or denied, based on compliance with the findings set forth in Section 18.76.045.
C. Decisions of the Planning Commission and appeals of such decisions shall be made in accordance with the provisions of Section 18.52.088.
18.76.085 City Council public hearing—Notice
The City Council shall hold a public hearing on the application. Notice of the public hearing shall be given pursuant to Section 18.52.082.
18.76.090 City Council decision.
A. The City Council may grant an application for a site development review as applied for or in modified form, if on the basis of the application and the evidence submitted, the Council finds that the application complies with the findings set forth in Section 18.76.045. The City Council may adopt additional conditions of approval as the facts warrant.
B. The City Council may deny an application for site development review.
18.76.095 Site development review modifications.
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Planning Commission Study Session, March 16, 2023
Desk Item Exhibit A Draft Amendment, Page 6
Applications to modify any site development review approval or any condition of approval shall be subject to the same procedures and regulations as those applicable to the original application.
In the event a site development review application is approved on property previously affected by a site development review approval, the previous approval and its conditions shall be null and void.
18.76.100 Site development review approval expiration.
A site development review approval shall be valid for one (1) year following the date on which the application became effective. The approval shall become null and void unless prior to the expiration of the year a building permit is issued by the Building Department and construction is commenced and diligently pursued toward completion on the site which was the subject of the site development review application or a certificate of occupancy is issued by the Building Department for the site or structure which was the subject of the site development review application. The phrase “construction is commenced” shall be defined for the purposes of this provision to mean the progress of actual building activity on the site in accordance with a valid building permit to a point such that the first inspection under the Uniform Building Code has been completed, including but not necessarily limited to the inspection of installed footings, reinforced steel, utility, plumbing, and electrical conduits and/or services and all other work or activity customarily and typically inspected prior to the first pouring of foundation concrete.
Completion of only site preparation activities such as site clearance, grading or excavation without commencement of actual building activity shall not constitute commencement of construction.
In the case where site development review approval was granted either concurrently with, or subsequently consistent with, an approved residential tentative map, the site development review approval shall be valid through the duration of the tentative map, as specified by Section 66452.6 of the California State Subdivision Map Act.
18.76.105 Site development review extension.
A. A site development review approval may be extended for an additional period of time not to exceed one (1) year no more than two (2) times. Each such request for extension must be submitted in writing to the Zoning Administrator prior to the expiration date of the site development review approval. The request for extension shall be accompanied by a fee in an amount established by resolution of the City Council. The Zoning Administrator may grant or deny an application for extension of a site development review approval. The Zoning Administrator may grant an extension if he or she finds that there has been no substantial change in the facts or circumstances present when the original application was approved.
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Planning Commission Study Session, March 16, 2023
Desk Item Exhibit A Draft Amendment, Page 7
B. Upon expiration of the site development review extension, the project shall be deemed to be expired and shall become null and void. Upon expiration, approval of a new site development review application shall be required prior to commencing with the project.
18.76.110 New application.
Following the denial of a site development review application, no application for the same or substantially the same project on the same or substantially the same site shall be filed within one (1) year from the date of denial of the application.
City Council/RSA Agenda 700 Tuesday, April 11, 2023
PLANNING COMMISSION MINUTES 1 March 16, 2023
DRAFT
CITY OF UNION CITY
MINUTES FOR THE REGULAR PLANNING COMMISSION MEETING
ON THURSDAY MARCH 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 Seyi Mclelland; Commissioner Amandeep Sandhu* *Arrived at 7:14 pm
• STAFF: Carmela Campbell (Economic & Community Development Director); Alex Mog (Deputy City Attorney); Derek Farmer (Planning Manager), Brandon DeLucas (Associate Planner); Denisse Anzoategui (Administrative Assistant III) • ORAL COMMUNICATIONS: None.
• WRITTEN COMMUNICATIONS: None.
• PUBLIC HEARINGS:
a. CONTINUED HEARINGS: None.
b. NEW HEARINGS: None.
• SUPPLEMENTAL STAFF REPORTS:
A. CONTINUED HEARINGS: None.
B. NEW REPORTS:
1. Study Session for Draft Zoning Text Amendments to Title 18, Zoning, of the Union City Municipal Code to update Chapter 18.40, Industrial Districts and add Chapter 18.43, Use of Hazardous Materials (AT-23-003).
Brandon DeLucas, Associate Planner presented the staff report and the Desk Item that was prepared in response to questions submitted by Commissioner Lew.
Commissioner Lew thanked Mr. DeLucas for the Desk Item. Commissioner Lew provided feedback for page breaks, setting up commands for tables, and editing.
Mr. DeLucas noted the comments and replied that they would be fixed.
Commissioner Lew referred to Exhibit A and read out the landscaping minimum requirements and asked if they were correct.
City Council/RSA Agenda 701 Tuesday, April 11, 2023
PLANNING COMMISSION MINUTES 2 March 16, 2023
Mr. DeLucas replied yes.
Commissioner Lew then read off the lot coverage maximum and asked what the difference is used for. Commissioner Lew asked if it was parking.
Mr. DeLucas replied that it would be predominantly parking or other outdoor storage areas, including sidewalks and things of that nature.
Commissioner Lew asked what the lot coverage is for the building itself.
Mr. DeLucas replied that generally any building or structure with a roof would fall under the lot coverage.
Commissioner Lew noted that when you add together parking and landscaping you should get about a hundred percent.
Carmela Campbell, Economic & Community Development Director, added that it also included circulation, for example, a roadway around the building for fire access would also play into the percentages.
Commissioner Lew referred to language on page 13 referring to projects that cannot provide the minimum amount of required landscaping. Commissioner Lew stated that the use of “may”, when you really mean “shall” is an art. Commissioner Lew noting the differences between may and shall and should and would. Commissioner Lew added that her understanding of the landscape in-lieu fee is that if an applicant cannot or does not want to meet that minimum required landscape area, they are required to pay that in-lieu fee.
Mr. DeLucas replied that if they cannot meet the standard, then they would be required to pay a landscape in-lieu fee.
Commissioner Lew replied that if they could meet the minimum requirements, but they don’t want to because they would rather use the spaces for something else, would they be required to pay that landscape fee.
Ms. Campbell replied that it is the case and added that there is a little bit of discretion as the situation is all about trade-offs. Ms. Campbell added that it is still subject to the Site Development Review process, and when it comes to the decision makers, they may say that they need to identify onsite where to provide that landscaping. Ms. Campbell explained that is why the language in the code is there, and it is intentional and was just carried over. Ms.
Campbell noted that it is certainly up for debate with the Planning Commission, but ultimately it was not her recommendation to say shall because that is why it is subject to the discretionary process.
Commissioner Lew replied that if the City has a landscape in-lieu fee for any developer who cannot or will not provide the minimum required landscaping they should be required to pay the in-lieu fee. Commissioner Lew noted that 10% is not a lot, and that there is no trade off so why negotiate it.
Alex Mog, Deputy City Attorney clarified that they must pay the fee if they are not providing the 10%. Mr. Mog added that they may not be allowed to develop with less than 10%, and if an applicant comes with 9% then the Planning Commission or the City Council, as the decision maker, can disapprove the project. Mr. Mog added that they may approve the project at 9% in City Council/RSA Agenda 702 Tuesday, April 11, 2023
PLANNING COMMISSION MINUTES 3 March 16, 2023
which case they would have to pay the in-lieu fee. Mr. Mog added the deciding body could also decide that the site isn’t appropriate to have less than 10% landscape.
Commissioner Lew stated that she read it as paying it. Commissioner Lew suggested that staff wordsmith it properly so that anyone that reads it understands that if they don’t meet that minimum that they are going to be required to pay that fee. Commissioner Lew asked why leave it so loosey-goosey and added that she did not understand.
Mr. Mog suggested the language to be modified to say, that projects that cannot meet the minimum amount of the required landscape, may still be approved through Site Development Review. Any project approved through the Site Development Review process with less than the minimum landscaping requirement shall pay the in-lieu fee.
Ms. Campbell stated that staff could work on some wording as she understood what the comment is.
Commissioner Lew replied that she is just focused on the in-lieu fee, and not the rest of whatever staff is saying about whether the project gets approved. Commissioner Lew stated that will be taken care of during the hearing before the Planning Commission or the City Council should they make a case for providing less than what is required. Commissioner Lew stated that what she cares is that everyone knows when they read this that if they come in with less than the minimum that they are required to pay that fee. Commissioner Lew added that she liked Mr.
Mog’s wordsmithing, and happy with whatever satisfies the City’s requirement.
Commissioner Lew referred to Mr. DeLucas’ introduction of the wording about commercial and office development by right and something that can be converted to housing and asked why that wasn’t in the Director’s memo.
Mr. DeLucas replied that staff was just providing a memo discussing the changes at a highlevel, which are aligning the uses. Mr. DeLucas added that is why staff reserved it for the PowerPoint to be able to go into more detail.
Commissioner Lew questioned that if it a strategy that you are using, shouldn’t that be disclosed to the public.
Mr. DeLucas replied that the presentation is disclosed to the public and is public record. Mr.
DeLucas also added that the recording and minutes are public record and disclosed to the public.
Commissioner Lew replied that she did not understand the reasoning given for designating something as permitted or not permitted or conditionally permitted in terms of something that’s an office or commercial use. Commissioner Lew added that she didn’t get it is because it wasn’t in the memo. Commissioner Lew stated that she would like to know why it was not just put in the memo so she is not confused at the meetings.
Ms. Campbell replied that the comments were noted.
Commissioner Lew asked if it would go in the memo when it comes back to the Planning Commission.
Ms. Campbell replied yes.
Commissioner Mclelland thanked staff for the report and referred to the industrial areas identified in the chart and asked what the occupancy rate of each of those areas was.
City Council/RSA Agenda 703 Tuesday, April 11, 2023
PLANNING COMMISSION MINUTES 4 March 16, 2023
Ms. Campbell replied that the City has been experiencing historic lows in vacancy rates over the last several years. Ms. Campbell added that there is a large demand for locating businesses in Union City based on the location between the two bridges and near the port. Ms. Campbell also noted that it is a desirable place to be for a variety of uses. Ms. Campbell added that they are seeing a lot of businesses coming from the peninsula who are getting pushed out there by other companies causing low vacancy rate across all the industrial areas.
Commissioner Mclelland asked if there was a desired split between the MG, ML, and MS areas.
Ms. Campbell replied what the City has now, which is what they have had for a while and added that ML is the lion’s share of the industrial areas. Ms. Campbell added that this designation is a little bit heavier than the Special Industrial and that staff is not proposing any changes to the designations. Ms. Campbell also added that only one site is zoned MG and that is US Pipe which historically has been MG since the City was incorporated. Ms. Campbell added that it is for heavier industrial uses, and staff does not see it appropriate to expand that zone. Ms.
Campbell added that they will keep it MG because they make pipe and that is the appropriate zoning district for that heavy type of industrial use.
Commissioner Mclelland asked if the proposed amendments will apply to new developments or existing.
Ms. Campbell replied that the new chapter will apply to all uses within the districts and new uses at startup. Ms. Campbell added that the performance standards are really geared toward new development or substantial redevelopment of existing sites.
Commissioner Mclelland asked if the occupants would have to make these modifications.
Ms. Campbell replied no and added only upon redevelopment of the site.
Commissioner Sandhu asked if there was a plan for a sidewalk as she didn’t see any.
Mr. DeLucas replied that it goes back to the standard for pedestrian and bike facilities that encourages clear walking from the public right of way to the building frontages and where pedestrians and bikes will be accessing. Mr. Delucas added that there is an additional standard, since many areas of the industrial districts, particularly the ML, do not have sidewalks. Mr.
DeLucas further added that as part of the redevelopment or major modifications they will be encouraged to install those improvements for sidewalks to make It easier for people to walk.
Vice Chairperson Agbuya asked if there would be any safety concerns if they would be cutting back the setback from 65 to 25 feet.
Mr. DeLucas replied no and added as the designation for the requirement of 65 ft. along major arterials was what you see along Alvarado-Niles. Mr Delucas referred to the shopping center with the Mr. Pickles and the Dowe Business Park that have big, front landscaped setbacks. Mr.
DeLucas found that those larger setbacks often cause some issue as making the area less able to redevelop, so they get more intensive uses, and 25 feet still gives the feeling of landscaping in the front and the boulevard feel that they have on Alvarado-Niles. Mr. DeLucas added that this was to encourage redevelopment, but also keeping that feeling that we have.
Ms. Campbell added that there are properties such as Crossroads technology and Graybar on Whipple Road near Union City Boulevard that were developed with 25-foot setbacks, which gives you an idea of what the reduced setback looks like.
City Council/RSA Agenda 704 Tuesday, April 11, 2023
PLANNING COMMISSION MINUTES 5 March 16, 2023
Commissioner Mclelland asked about the recycling business and what would that be.
Ms. Campbell responded that Tri-Ced received approvals in the 1970s for an indoor recycling facility, which would require a Use Permit.
Mr. DeLucas added that such a facility would still be permitted with a Use Permit in the ML district, but they would be excluding uses with more hazardous materials that are a lot more sensitive.
2. Study Session for Draft Zoning Text Amendments to Title 18, Zoning, of the Union City Municipal Code to add a new Mixed-Use Employment (EMU) District (AT-23-002) and a Zoning Map Amendment to Rezone properties Identified in the General Plan as Mixed-Use Employment from MS (Special Industrial) to EMU (A-23-001).
Mr. DeLucas presented the staff report.
Commissioner Lew referred to the slides and the sample development that was being worked on and asked what the front yard setbacks are there.
Mr. DeLucas replied that they have proposed a slightly larger one than the minimum, and it is currently at 20 to 30 feet to the parking lot.
Commissioner Lew asked why not make a larger building.
Mr. DeLucas replied that they have chosen to have more of that parking use in the front. Mr.
DeLucas added that they’re using this area for not only the landscaping, but this is the bio retention that they need that doesn’t really work anywhere else on the lot. Mr. DeLucas further added that is sloped towards Union City Boulevard and that is why it is there.
Commissioner Lew asked if it would be satisfying the landscaping requirement.
Mr. DeLucas replied yes.
Commissioner Lew asked if there would be potential for any residential or live-work units in the district.
Mr. DeLucas replied that there would not.
Commissioner Lew noted that that the district appears to be a mix of industrial and commercial uses.
Mr. DeLucas replied she was correct.
Commissioner Lew noted that in the study session that they would be changing the name of commercial cannabis business to commercial cannabis uses.
Mr. DeLucas replied that she was correct. Mr. DeLucas noted that it would be how it is currently worded as it was a mistake when staff was preparing the amendments, and the wording would now be used across the appropriate districts.
Commissioner Lew asked if it would be changed in the report.
Mr. DeLucas replied yes.
City Council/RSA Agenda 705 Tuesday, April 11, 2023
PLANNING COMMISSION MINUTES 6 March 16, 2023
Commissioner Lew noted that the parcels on both sides of Union City Boulevard were parcels within this district. Commissioner Lew asked how many buildings would be a good fit for this district.
Mr. DeLucas replied that it varies. Mr. DeLucas added that the General Plan envisioned having it be more of a grid block system and they were not seeing that as much. Mr. DeLucas added that for this project, it is a five building development, within 12 acres. Mr. DeLucas added that the total square footage of the buildings is almost 300,000 feet. Mr. DeLucas also noted that they are also proposing buildings with two stories including mezzanine areas. Mr. DeLucas replied that it was difficult to say the right number. Mr. DeLucas added that staff are encouraging this kind of intensification and they may see parking garages proposed there as well.
Commissioner Lew asked how many total acres there were in the EMU District.
Mr. DeLucas and Ms. Campbell replied that they would provide Commissioner Lew with that answer shortly.
Commissioner Mclelland announced that she had no questions but wanted to state that she loved mixed-use spaces as she thought of them as a modern and progressive way of the kind of environment people want to work in.
Commissioner Sandhu noted that the changes with the EMU and potentially bringing a hotel and asked if the roads would be improved.
Mr. DeLucas replied that there are a couple of different long-range projects that are occurring.
Mr. DeLucas detailed the following items the City is doing to alleviate traffic and congestion in the areas including:
• The City is evaluating and working on a underpass of the railroad, which is a cause of a lot of the backup and that would facilitate moving traffic a little quicker. • Each project goes through CEQA review which analyzes traffic. • The City is conducting a vehicle miles traveled study now and is encouraging people to get out of their cars and take public transit and walk. • The City is continuing to install bike facilities.
• A Transportation Demand Management (TDM) plan to help businesses provide a shuttle service to their employees to get them from BART to their location or possibly provide transit cards to encourage their employees to take AC or UC transit.
Commissioner Sandhu asked if there was a way to view the map again to see the EMU district.
Ms. Campbell noted that while Brandon was pulling up the information, she confirmed that the EMU is a little less than 65 acres.
Mr. DeLucas noted that there are three properties in the General Plan that were originally designated as part of the district, but as part of the House Element the General Plan was amended to remove those from the district and included them in the Village Mixed Use district.
Ms. Campbell added that staff would have that information in the next staff report.
Mr. DeLucas referred to Commissioner Sandhu’s request to view the EMU district on a map in the presentation.
City Council/RSA Agenda 706 Tuesday, April 11, 2023
PLANNING COMMISSION MINUTES 7 March 16, 2023
Commissioner Sandhu asked if the main street shown on the map was Union City Boulevard.
Mr. DeLucas replied yes and identified the location of Whipple Road, the Kaiser campus, the railroad crossing, the Sugar mill Mixed-Use development and other surrounding boundaries. Mr.
DeLucas also identified 12.63 acres of an area that is being redeveloped as part of the project and mentioned it will come before the Commission closer to the end of the year.
Ms. Campbell referred to the mention of the railroad and stated that the at-grate separation of the railroad is in response to traffic. Ms. Campbell stated that it is a long-term project which is very costly, and that the City has not identified the funding, and the City is always looking for funding for these types of crossings. Ms. Campbell also added that it is a priority and that there are policies in the Special Areas Element for the area to encourage the city to move forward with that projects and keep it at the forefront. Ms. Campbell also noted that they do not have a current CIP but are aware of the backup that occurs on Union City Boulevard in the morning and evenings.
Commissioner Sandhu noted that BART was very far away and asked if there was transit available nearby.
Mr. DeLucas replied that AC transit does run a line from BART along Union City Boulevard and stops at the Sugar Mill. Mr. DeLucas added that he believed it ran at 30-minute intervals.
Ms. Campbell added that they are also lines that run through Union City and others that go to Hayward, Newark, and Fremont.
Commissioner Mclelland asked if the proposed bike lanes go that far.
Mr. DeLucas replied that there are currently bikes lanes now but are a little faded. Mr. DeLucas noted that the Class 4 will go all the way up and then will extend across Whipple. Mr. DeLucas also noted that they will also have some type of vertical element like those on Mission Boulevard that has the landscaping landing strips between the bike lane and road.
Ms. Campbell added that there is also work being done on Smith Street and would look to Commissioner Lew who serves on the Bike and Pedestrian Advisory Committee for feedback.
Ms. Campbell added that those bike lanes will be installed and the vision for the area will be a bit longer term when the Class Two or the road bike lanes turn into Class Four, and they will be protected or have buffered bike lanes.
Mr. Farmer noted the previous question from Commissioner Mclelland earlier and stated that the EMU District will be 58 acres.
Commissioner Sandhu asked how long the proposed project would take.
Mr. DeLucas replied that they submitted their formal application in January and that staff is currently doing the CEQA process. Mr. DeLucas added that they are working with the Army Corps and the Regional Water Board. Mr. DeLucas noted that staff envisions bringing the project up to the Commission in the early winter, and then City Council shortly after that. Mr.
DeLucas also added that while they want to speed up the process, the CEQA documents take time and there is a lot of research to do and then there is also a comment period.
Vice Chairperson Agbuya thanked the Commissioners for their questions and noted that his questions regarding traffic had been answered. Vice Chairperson Agbuya asked if in the case that a microbrewery or winery went in, would they be allowed to have live bands.
City Council/RSA Agenda 707 Tuesday, April 11, 2023
PLANNING COMMISSION MINUTES 8 March 16, 2023
Mr. DeLucas replied that there are current standards for live music, and they would still apply.
Vice Chairperson Agbuya opened and closed the public comment.
Mr. DeLucas presented on information submitted in the Desk Item, Exhibit A. Mr. DeLucas explained that the Site Development review chapter lists each of the individual districts that Site Development Review applies to. Mr. DeLucas added that because they are adding a new district, they must reflect it there. Mr. DeLucas explained that staff made a modification clarifying that Site Development Review applies to all Zoning Districts that are established by Title 18, the City’s zoning ordinance. Mr. DeLucas also noted that they added a caveat because CF districts, which are Civic Facilities, city property, was not included in that list, and they have added an exemption for City projects on City property.
Mr. DeLucas also noted that they have also received direction on evaluating and making the Planning Commission be the decision maker for Site Development Review. Mr. DeLucas explained that currently the Planning Commission makes a recommendation, and the City Council is the decision marker. Mr. DeLucas listed the benefits for changing the process:
• Reduce overall timelines (generally 4-6 weeks at a minimum); • Provide more certainty for applicants;
• Align process with neighboring jurisdictions;
• Bringing the process back the way it used to be;
• Encourage further development and redevelopment; and
• City Council would have the ability to call a project up on appeal.
Commissioner Lew asked if it would save money.
Mr. DeLucas replied yes, and that it would vary. Mr. DeLucas explained that for Site Development Review, for these larger projects, the City takes in a time and materials deposit, and calculating staff time to prepare the report and materials, it could mean a couple thousand dollars. Mr. DeLucas added that his project, for example, considers his time to review materials, prepare the staff report, and the presentation. Mr. Delucas added that time is also added for Ms.
Campbell and Mr. Farmer’s time to review his work. Mr. DeLucas added that it could ultimately be a large savings.
Commissioner Lew replied that she was speaking in terms of fees.
Mr. DeLucas replied that the fee for larger projects is a time and materials deposit that staff just bills to. Mr. DeLucas explained that the total end cost would most likely be reduced.
Commissioner Lew replied that the fee is open-ended and noted that if staff estimates 120 hours but then don’t use the 120 hours then it would mean savings to the applicant.
Mr. DeLucas replied that she was correct.
Commissioner Lew asked if they go beyond the 120 hours, staff lets the applicant know they need to provide more money.
Mr. DeLucas replied that when a deposit begins to get low, they will contact the applicant and say there are additional funds needed. Mr. DeLucas added that up to now, he has not had to request additional funds from an applicant. Mr. DeLucas added that staff really evaluated as part of the Master Fee Schedule the kind of time they were spending on that to ensure that the deposit captured almost all of that time, but again is project dependent.
City Council/RSA Agenda 708 Tuesday, April 11, 2023
PLANNING COMMISSION MINUTES 9 March 16, 2023
Commissioner Lew replied that she would be all for saving the applicant’s money.
Vice Chairperson Agbuya opened and closed the public comment. • ECONOMIC DEVELOPMENT REPORTS: None.
• COMMISSION MATTERS:
1. Follow-up on Planning Commission referrals to the City Council:
Ms. Campbell announced that the Council approved Zoning Amendments for outdoor dining at the last City Council meeting.
2. Upcoming applications for the Regular Planning Commission meeting for April 6, 2023:
Ms. Campbell explained that in July 2021, the City Council approved the Station East Residential Mixed-Use Project, that is in the vicinity of Decoto Road, Seventh Street and Zwissig. Ms. Campbell added that the project consisted of approximately a thousand units, and some ground floor commercial along Decoto Road. Ms. Campbell further explained that back in July during the master plan approval the project was conditioned to come back for the individual planning areas. Ms. Campbell noted that some of the Commissioners may recall that approximately a year before they brought up the affordable housing piece. Ms. Campbell added that the developer will now be coming in with two additional planning areas, that will be developed with some townhomes. Ms. Campbell also added that there has been some site adjustments in the planning areas, so they will also bring back the Tentative Map as well as the Development Agreement for modification on April 6, 2023. • GOOD OF THE ORDER:
Commissioner Sadhu asked if there was a developer for the Decoto Project.
Ms. Campbell replied that the developer was Integral Communities, LLC. • ADJOURNMENT: 8:31 PM
City Council/RSA Agenda 709 Tuesday, April 11, 2023
Item 7.b
Study Session for draft Chapter 18.XX
Mixed-Use Employment (EMU) District
(AT-23-002, A-23-001)
City Council/RSA Agenda 710 Tuesday, April 11, 2023
20 Alvarado
Business Park
Central Bay
Business Park
City Council/RSA Agenda 711 Tuesday, April 11, 2023
21 Chapter 18.XX: EMU (Mixed-Use Employment) District
Section 18.XX.010: Purpose
• Provide purpose of each Industrial district
• Aligned purpose to Union City 2040 General Plan
Mixed Use Employment (EMU)
Accommodate a mix of employment uses, including but not limited to light industrial, research and development, office, and flex space, as well as supportive commercial uses that are vertically or horizontally integrated. The Mixed-use Employment designation is intended to foster innovation and emerging technologies; promote the creation of an employment district with travel patterns that are oriented toward pedestrian, transit, and bicycle use; and provide amenities to employees as well as surrounding neighborhoods.
City Council/RSA Agenda 712 Tuesday, April 11, 2023
22 Chapter 18.XX: EMU (Mixed-Use Employment) District
Section 18.XX.020: Use regulations – Mixed Use Employment (EMU) • Allow a mix of employment and supportive uses.
Ground Floor Commercial
uses
Industrial Uses
(Manufacturing)
Research and
Development, Office Uses
Other Uses
Banks and Financial
Institutions
Pharmaceuticals and
products from the life
sciences and biotechnology
industries
Engineering and design
laboratories and related
facilities
Hotels
Business Services Electric and electronic
supplies, instruments and
devices, semiconductors,
and computer chips
Research and development
laboratories and related
facilities
Incubator Spaces
Food Service Uses Food products Office Uses Maker space Office and medical Office
Uses
Fabricated metal products Microbreweries, wineries, or
distilleries with accessory
food service
City Council/RSA Agenda 713 Tuesday, April 11, 2023
23 Chapter 18.XX: EMU (Mixed-Use Employment) District
Section 18.XX.040: Performance Standards
• Performance standards to incorporate current best practices • Requires uses to be conducted entirely indoors including storage, except for offstreet parking / loading areas and solid waste/recycling enclosures* • Requirement to maintain site for life of project
• Limitations on driveways due to frontage on Union City Boulevard* • Additions / modifications designed to integrate with existing development and consistent with new design standards
• Compliance with requirements related to management of solid waste, organic waste, and recyclable materials
• Limitations on uses with nuisance characteristics
City Council/RSA Agenda 714 Tuesday, April 11, 2023
24 Chapter 18.XX: EMU (Mixed-Use Employment) District
Section 18.XX.050: Development Standards
Standard Mixed-Use Employment (EMU)
Site area, minimum One (1) Acre
Floor area ratio, FAR .40 minimum
2.0 maximum
Street frontage,
minimum* 150 feet
Lot depth, minimum* 200 feet
Front yard setback,
minimum 10 feet
City Council/RSA Agenda 715 Tuesday, April 11, 2023
25 Chapter 18.XX: EMU (Mixed-Use Employment) District
Section 18.XX.050: Development Standards
Standard Mixed-Use Employment (EMU)
Interior side yard
setback, minimum
5 feet
50 feet when adjoining a residential district or use
Street side yard setback,
minimum 10 feet
Rear yard setback,
minimum
10 feet
50 feet when adjoining a residential district or use
Maximum Height
60 feet. Rooftop employee amenities may be permitted,
including, but not limited to, break rooms and kitchens, recreational facilities, gardens and seating areas provided they do not exceed twenty (20) feet in height. Buildings along major arterials must be a minimum of two (2) stories.
City Council/RSA Agenda 716 Tuesday, April 11, 2023
26 Chapter 18.XX:
EMU (Mixed-Use
Employment)
District
Section 18.XX.060: Supplemental Standards
• Establish other supplemental standards.
Permitted Obstructions – Allow obstruction in required yards Signage – Allow signage consistent with Chapter 18.30 and/or approved sign program
Walls and Fences – Location, height and material standards for Walls and Fences
Employee Amenity Areas – Require amenities for use and enjoyment of employees
City Council/RSA Agenda 717 Tuesday, April 11, 2023
27 Chapter 18.XX:
EMU (Mixed-Use
Employment)
District
Section 18.XX.060: Supplemental Standards
• Establish other supplemental standards.
Sidewalk and Street Frontage Improvements – Sidewalk maintenance and installation of street frontage improvement if non exist Landscaping –compliance with existing Landscaping standards in Chapter 18.112
Equipment screening – Mechanical/utility equipment siting and screening requirements
Bicycle and pedestrian facilities – Requirements to accommodate bicycle and pedestrian facilities and access
City Council/RSA Agenda 718 Tuesday, April 11, 2023
28 Chapter 18.XX: EMU
(Mixed-Use Employment)
District
Section 18.XX.070: Off Street Parking and
Loading
• Establish parking and loading
requirements, and parking structures
standards
• Establish parking requirements for flex
industrial buildings.
Section 18.XX.080: Bicycle Parking
• Establish bicycle parking requirements.
City Council/RSA Agenda 719 Tuesday, April 11, 2023
29 Section 18.XX.090:
Design Criteria
• Add new architectural and exterior material standards • “Modern” vocabulary with varied geometric volumes and variety of high-quality materials
• Minimize massing and limit blank walls • Clearly defined and distinguishable building entrances • Architectural features, building colors and glazing • Design of ground floor commercial uses • Size of tenant space, glazing, detailing elements, architectural features
City Council/RSA Agenda 720 Tuesday, April 11, 2023
30 Planning Commission Study Session
• Planning Commission held a Study Session to review draft amendments at March 16, 2023 meeting
• Commission asked several clarifying questions and a Desk Item was prepared in response to question and comments from Commissioner Lew and to introduce Site Development Review amendment
• Minor updates were made to the draft amendments, which were included in the version provided to the City Council
City Council/RSA Agenda 721 Tuesday, April 11, 2023
31 Recommendation and Next Steps
• Staff recommends that the City Council provide feedback on the draft amendments
• Draft amendments, which incorporate the feedback received, will be brought back to the Planning Commission and City Council in the June timeframe • Planning and Economic Development staff are planning a Broker’s Roundtable in May to provide an update on the draft amendments • Staff will also be outreaching to property/business owners on proposed amendments
City Council/RSA Agenda 722 Tuesday, April 11, 2023
Agenda Item
DATE: 4/11/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC, AND COMMUNITY
DEVELOPMENT DIRECTOR
SUBJECT: ACCEPT THE 2020-2022 GENERAL PLAN ANNUAL PROGRESS REPORT AND 2022 HOUSING ANNUAL PROGRESS REPORT UPDATE
Staff recommends that the City Council accept a report on the attached General Plan Annual Progress Report (General Plan APR) (Attachment 1) and the Annual Housing Progress Report (Housing APR) (Attachment 3). Due to the length of the General Plan APR, a summary table was prepared to assist with the Council's review (Attachment 2).
The Planning Commission reviewed the annual reports at their March 2, 2023 meeting. Attached to this staff report are the Planning Commission Staff Report (Attachment 4), Planning Commission Desk Item (Attachment 5), Planning Commission Meeting Minutes (Attachment 6).
STRATEGIC PLAN ALIGNMENT
While this agenda item does not have alignment with a specific Strategic Plan goal, acceptance of the reports implements the Citywide vision included in the Strategic Plan, which is to "communicate progress on a regular basis to the City Council, employees, and community through updates and reports."
BACKGROUND
California Government Code Section 65300 requires each city and county to adopt a general plan for the physical development of the jurisdiction. On December 10, 2019, the City Council adopted the Union City 2040 General Plan. The Housing Element, a plan to meet the existing and projected housing needs, is one of several mandated elements of a general plan. The City’s 2015-2023 Housing Element was adopted January 27, 2015, and the Housing Element for the 6
th
cycle, which covers the period from 2023 to 2031, is currently underway and is anticipated to be brought to the City Council for adoption in May 2023.
California Government Code requires that the local planning agency provide an annual progress report on the General Plan and Housing Element APRs to the legislative body, which is the City Council, and that the City Council/RSA Agenda 723 Tuesday, April 11, 2023
City Council review and accept the reports.
The General Plan APR (Attachment 1) includes the following required elements:
A. The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan, B. An overview of the City’s General Plan status and progress, C. A summary of recently completed and active general plan and development code amendments, and D. The progress of the city or county in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes.
The Housing Element APR (Attachment 2) includes the progress in meeting its share of regional housing needs and is prepared using standards, forms, and definitions adopted by the Department of Housing and Community Development.
DISCUSSION
The General Plan APR summarizes the City’s activities for the calendar years 2020 - 2022, while the Housing Element APR covers the activities for calendar year 2022. Each report is required to be submitted to the Governor's Office of Planning and Research (OPR) and the California Department of Housing and Community Development (HCD) by April 1 of each year. This is the first General Plan APR prepared since adoption of the General Plan Element in December 2019, which is why the reporting period spans the years 2020-2022.
Due to cancelation of the March 28, 2023 City Council meeting, presentation of the reports to the City Council prior to submittal was not possible. Although the reports were submitted, acceptance by the City Council is still required. The General Plan APR (Attachment 1) includes all of the General Plan's implementation program. The Housing Element APR (Attachment 3) comprises progress of the 2015-2023 Housing Element for 2022 as required by HCD.
The contents of the reports are briefly summarized in sections A and B below.
A. General Plan Annual Report
Consistency with State General Plan Guidelines
The 2040 General Plan was prepared in compliance with the State’s General Plan Guidelines (Government Code 65040.2), which is described further in the General Plan APR. The Background section describes the process of shaping the 2040 General Plan and the implementation programs to guide the plan’s goals.
Status of the General Plan Implementation Progress
The General Plan APR provides the status of implementation of the City's General Plan. A description of each element is provided followed by a list of the implementation programs. A total of 122 implementation programs implements the General Plan’s nine (9) elements. The bulk of the report focuses on the status of the various implementation programs, which span all of the City’s departments. Due to the large number of programs, staff prepared a summary table to assist with the Council’s review (Attachment 2). Staff will provide a high-level summary of accomplishments at the City Council meeting.
Consultation with California Native American Tribes
A description of the City’s consultation with California Native American tribes is provided in the General City Council/RSA Agenda 724 Tuesday, April 11, 2023
Plan APR to demonstrate compliance with Chapter 905 of the Statutes of 2004, which requires when preparing or amending a general plan or adopting a specific plan, opportunities for involvement of citizens of the California Native American tribes must be provided by cities and counties.
General Plan and Development Code Amendments
The City has made several substantive amendments to the General Plan since its adoption in December of 2019, as well as the Zoning Ordinance and Zoning Map for the same time period. Amendments have been made to be consistent with the Station District Specific Plan; to update uses in the Union Landing Commercial (CUL) District; to accommodate new legislation related to housing; and for the Lazuli Landing Project.
Additional minor updates are detailed in the General Plan APR.
B. Housing Element Annual Progress Report
The Housing Element APR provides progress on housing development and housing related programs for calendar year 2022. The State requires detailed and specific reporting of the City’s progress in meeting its share of the Regional Housing Need Allocation (RHNA), information related to applications for new housing development, compliance with various state requirements including the Surplus Lands Act and projects processed under SB 35, and the status of State grants the City received. In prior years, Housing Division staff has prepared and submitted a Housing Element APR to HCD by April 1 st of each year. This
is the first year the report has been brought to the City Council for their review.
For housing projects completed or building permits issued in 2022, the reporting requires units to be broken into affordability categories based on Area Median Income (AMI) for households. The categories include Very Low Income (0-50% AMI), Low Income (50%-80% AMI), Moderate (80%-120% AMI), and Above-moderate (Above 120% AMI).
AMI for 2022 for a family of four in Union City are as follows:
Very Low Income, $21,400 – $71,400
Low Income, $71,400 - $109,600
Moderate Income, $109,600 - $171,350
Above-moderate Income, $171,350 or more.
For 2022, the City issued building permits for 32 units, which included 31 Moderate Income units and one (1) Above-moderate income unit. The Moderate-Income units were accessory dwelling units (ADUs). The Above-moderate unit was a single-family residence. Of the 31 Moderate Income units, five (5) ADU’s have completed construction. Planning permits were also included for 12 units of housing including nine (9) multi-family units and three (3) single-family units.
The Housing Element APR also summarizes implementation of the Housing Element programs. Notable programs are:
Program HE-B. b. Support Affordable Housing Development. The City is continuing to review funding opportunities and coordinate with local non-profit organizations and affordable housing developers to create new affordable housing, including extremely low-income housing.
HE-F. b. Partnerships to Address Homeless Needs. The City will continue to support its CAREavan program and coordinate with other organizations providing homeless services in neighboring jurisdictions and throughout Alameda County to address homelessness in the City.
HE-D. c. Code Enforcement. The City utilizes its code enforcement process to work with property owners to rehabilitate substandard residential properties. In 2022, there were 221 code enforcement cases closed in the city, which is an increase from the previous year.
City Council/RSA Agenda 725 Tuesday, April 11, 2023
C. Planning Commission Meeting
The Planning Commission reviewed the APRs at their March 2, 2023 meeting. For a detailed overview of the Planning Commission discussion, see the attached Meeting Minutes labeled Attachment 6.
A Desk Item was prepared (Attachment 3), which addressed minor updates to the General Plan APR and answered questions clarifying a few of the implementation programs.
The Commission voted affirmatively to recommend to the City Council acceptance of the General Plan and Housing Element APRs. One Planning Commissioner abstained.
FISCAL IMPACT
Acceptance of the General Plan and Housing APRs will not have a fiscal impact on the General Fund.
RECOMMENDATION
Staff recommends that the City Council accept the 2020-2022 General Plan APR and the 2022 Housing Element APR.
Prepared by:
Natalie Dean, Associate Planner
Submitted by:
Natalie Dean, Associate Planner
ATTACHMENTS:
Description Type
Attachment 1 General Plan APR Attachment
Attachment 2 General Plan Annual Progress Report Summary Table Attachment Attachment 3 Housing Element APR Attachment
Attachment 4 Planning Commission Staff Report Attachment Attachment 5 Planning Commission Desk Item Attachment
Attachment 6 Planning Commission Meeting Minutes Attachment Item7.c Powerpoint Attachment
City Council/RSA Agenda 726 Tuesday, April 11, 2023
City of Union City
General Plan Annual Progress Report
2020-2022
Reviewed by:
City of Union City Planning Commission on March 2, 2023 City of Union City Council on April 11, 2023.
Submitted by:
Carmela Campbell
Carmela Campbell, Economic &
Community Development Director
ATTACHMENT 1
City Council/RSA Agenda 727 Tuesday, April 11, 2023
2 Introduction and Purpose
California Government Code Section 65400 mandates local planning agencies to:
“Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open- space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan.” An annual report must be prepared and approved by the City of Union City Council and submitted to the State of California Office of Planning and Research and Department of Housing and Community Development (HCD), by April 1st of each year.
The purpose of this report is to meet the requirements of State law, as well as to inform the Planning Commission, City Council, and the community regarding the status of implementation of the General Plan. Since many of the factors and issues that the General Plan addresses change from year to year, an annual review and reporting of implementation will help ensure the City is moving forward to achieve the Plan’s vision.
This report covers the reporting period from January 1, 2020 – December 31, 2022.
City Council/RSA Agenda 728 Tuesday, April 11, 2023
3 Table of Contents
Introduction and Purpose................................................................................................... 2 General Plan Background ................................................................................................... 4 Consistency with State General Plan Guidelines.................................................................. 4 Status of the General Plan Implementation Progress .......................................................... 6 Economic Development...................................................................................................... 6 Health and Quality of Life (Environmental Justice) .......................................................... 13 Land Use............................................................................................................................ 20 Community Design............................................................................................................ 26 Mobility............................................................................................................................. 31 Safety ................................................................................................................................ 45 Public Facilities & Services................................................................................................ 53 Resource Conservation ..................................................................................................... 65 Special Areas..................................................................................................................... 69 General Plan and Development Code Amendments....................................................... 85 Consultation with California Native American Tribes ..................................................... 89 City Council/RSA Agenda 729 Tuesday, April 11, 2023
4 General Plan Background
Consistency with State General Plan Guidelines
The General Plan was prepared using the State’s General Plan Guidelines (Government Code 65040.2). The last comprehensive update approved by the City Council on December 10, 2019. The document contains goals and policies upon which the City Council, Planning Commission, and City staff will base their decisions. The general plan lays out a plan “for the physical development of the city and any land outside its boundaries that bears relation to its planning” (California Government Code Section 65300). The horizon year for Union City’s General Plan is 2040.
The 2040 General Plan was shaped over a four-year period by an extensive public outreach process that included over 65 meetings with residents, business owners, commissions, committees, and decision-makers. The 2040 General Plan describes the community’s vision, and contains the goals, policies, and implementation programs to achieve that vision. California State Law requires every city and county to adopt a general plan that serves as the jurisdiction’s “constitution” or “blueprint” for development. All specific plans, subdivisions, public works projects, and zoning decisions must be consistent with a local jurisdiction’s general plan. It also provides guidance on how other City ordinances, plans, and programs should be updated to implement the City’s General Plan policies.
Government Code section 65302 requires general plans to include 7 elements which are listed below along with the corresponding Union City General Plan element in parenthesis:
• Land use Element (Chapter 3 - Land Use Element);
• Circulation Element (Chapter 5 – Mobility Element);
• Conservation Element (Chapter 8 - Resource Conservation); • Open Space Element (Chapter 8 - Resource Conservation); • Noise Element (Chapter 6 – Safety Element);
• Safety Element (Chapter 6 – Safety Element);
• Environmental justice (Chapter 2 - Health and Quality of Life); and • Housing Element (under a separate cover from the General Plan).
City Council/RSA Agenda 730 Tuesday, April 11, 2023
5 The General Plan also includes five optional elements: Economic Development (Chapter 1), Health and Quality of Life (Chapter 2), Community Design (Chapter 4), Public Facilities and Services (Chapter 7), and Special Areas (Chapter 11).
Specific implementation programs are contained in each element and summarized in Chapter 10, “Specific Implementation Programs” for ease of review. The following sections provide an overview of each element and progress towards implementing its various actions.
City Council/RSA Agenda 731 Tuesday, April 11, 2023
6 Status of the General Plan Implementation Progress
The City is exiting an extraordinary few years of impacts on City operations. In September 2019, the City suffered a ransomware cyberattack that crippled computer systems citywide, which has taken several years to recover from. In March 2020, the COVID 19 pandemic required the City to overhaul its customer service model to protect the health and safety of employees and the public at large and pivot it’s work program to support local residents and business owners with a variety of new COVID 19 related recovery programs. With that said, the City has done a good job of implementing various General Plan Implementation programs since approval of the plan in December 2019.
The following discussion summarizes the implementation progress of the various elements of the General Plan during calendar years 2020-2022.
Economic Development
The Economic Development Element is an optional element allowed by State Law. A framework is provided by the Economic Development Element for establishing longterm economic and fiscal stability, while increasing economic opportunity and prosperity for residents and businesses. The Element reflects the City’s aspirations to be a key contributor to the Bay Area economy.
General Plan goals:
• GOAL ED-1 Ensure Union City’s fiscal solvency by encouraging economic development activities that generate sales tax, property tax, and other revenues that help sustain municipal services.
• GOAL ED-2 To attract businesses that diversify the local economy, provide highpaying jobs for Union City residents, and increase City revenues. • GOAL ED-3 Support the retention and expansion of Union City’s businesses to ensure they remain a vital part of the City’s economic base. • GOAL ED-4 Provide desirable amenities and create places that attract businesses to locate in Union City.
• GOAL ED-5 To reinvigorate business parks with a diverse mix of business sectors and job intensive uses that create attractive and vibrant employment centers. • GOAL ED-6 To encourage Union City’s shopping districts 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.
City Council/RSA Agenda 732 Tuesday, April 11, 2023
7 • GOAL ED-7 To create a supportive environment in which local businesses can prosper.
• GOAL ED-8 To support job training and education programs to prepare Union City residents for high quality jobs.
• GOAL ED-9 To encourage environmental sustainability within the business community.
Progress of Implementation by Program:
Program ED - 1. A Economic Development Strategic Plan. The City shall review and update the Economic Development Strategic Plan every five years or as market conditions change. The Plan shall identify short- and midterm goals and strategies to diversify and expand Union City’s economy. The Economic Development Strategic Plan shall be the City’s primary tool for implementing economic development-related policies of the General Plan.
Implements
Policy
EDSP implements all Economic Development Element policies.
Responsible
Department
Economic and Community Development Department, and Economic Development Advisory Team (EDAT)
Time Frame FY 19/20 and every five years or as market conditions change.
Status An update to the Economic Development Strategic Plan will began in Spring 2023.
Program ED - 1. B Industrial Land Conversion Decision Matrix. The City shall develop a decision matrix to evaluate any proposed rezoning of industrial or commercial lands to alternate uses. The matrix shall include scoring criteria to help decision makers evaluate the potential impacts of the proposed conversion. The evaluation shall not apply to sites identified as part of the Housing Element.
Implements
Policy
ED-1.3, 1.4 Economic and Community Development Department, City Council/RSA Agenda 733 Tuesday, April 11, 2023
8 Responsible
Department
Economic Development Advisory Team (EDAT)
Time Frame FY 23/24
Status A formal decision matrix has not been completed.
Program ED - 2. A Targeted Business Attraction Strategy. The City shall review and update the list of targeted industries at least every five years, based on market research and analysis, and develop marketing strategies that target investors and businesses with a focus in the targeted industries.
Implements
Policy
ED-2.1, 2.2
Responsible
Department
City Manager’s Office, Economic and Community Development Department, Economic Development Advisory Team (EDAT)
Time Frame Ongoing
Program In 2022, the City was part of local and regional efforts, including work by the East Bay Economic Development Alliance, to understand business sectors and industry growth in combination with an evaluation of an assessment of current real estate inventories. Labor supply to support growth in specific industries was also considered.
Program ED - 2. B Website and Marketing Materials. The City shall actively maintain and improve the City’s Economic Development webpages and marketing materials to provide investors and businesses with information needed to encourage them to locate in Union City.
Implements
Policy
ED-2.1, 2.2, 2.4, 2.8, 7.6
Responsible
Department
City Manager’s Office, Economic and Community Development Department
City Council/RSA Agenda 734 Tuesday, April 11, 2023
9 Time Frame
Status Economic Development staff periodically reviews the City’s website to ensure information is accurate. It is anticipated when the new Economic Development Specialist position is brought on-board that staff will do a comprehensive update.
Program ED - 2. C Commercial/Industrial Sector and Real Estate Indicators Program. The City shall develop and maintain a commercial/industrial sector database by industry type, and match business prospects with real estate vacancies or key development opportunities.
Implements
Policy
ED-2.8
Responsible
Department
City Manager’s Office, Economic and Community Development Department, Administrative Services Department (Management Information Systems)
Time Frame Ongoing
Status The City’s HDLPrime business license database system maintains commercial/industrial information including SIC Codes and/or NAICS Codes that identify industry types, which is used by several City departments, including ECD.
Program ED - 4. A High-Speed Internet Program. The City shall strive to implement Wi-Fi and/or access to high-speed internet with other city facilities.
Implements
Policy
ED-4.1Economic and Community Development Department,
Responsible
Department
Public Works Department
Time Frame Ongoing
City Council/RSA Agenda 735 Tuesday, April 11, 2023
10 Status Implementation of high-speed internet is currently underway in the Station District. To implement Wi-Fi and high-speed internet at employment centers, the city has contracted Advanced Mobility Group (AMG). AMG offers transportation engineering services for planning and implementation of advanced transportation technologies. AMG is performing a study of available city conduit connecting intersections throughout the City. The conduits can be used to lay city fiber for highspeed connectivity. Completion of the draft study is anticipated by April 2023.
Program ED - 5. A Warehouse Transformation Strategy. The City shall develop strategies to support the conversion of warehouse uses to flex space for manufacturing and research and development, Class A office space, and generally a more diverse mix of commercial and industrial uses.
Implements
Policy
ED-1.1, 2.7, 5.1, 5.2, 5.3
Responsible
Department
City Manager’s Office, Economic and Community Development Department, Economic Development Advisory Team (EDAT)
Time Frame FY 20/21
Status With input from the Economic Development Advisory Team and City Council, City staff has explored strategies to limit and/or reduce the impacts of warehouse uses. Such strategies include business license fee updates, updates to the Zoning Ordinance to include standards for flex building, and inventory analysis to understand the value of building types to support the needs of businesses. New performance and design standards for flex-industrial uses will be reviewed by the Planning Commission and City Council in Spring 2023.
Program ED - 6. A Retail Performance Monitoring. The City shall periodically evaluate the performance of the city’s shopping centers. The City shall support property owners and brokers leasing efforts by matching City Council/RSA Agenda 736 Tuesday, April 11, 2023
11 business prospects with real estate vacancies or development opportunities. The City shall conduct outreach efforts with owners and brokers of underperforming retail centers to discuss options for rehabilitation, modernization, or intensification of the centers; possible changes in retail mix; or conversion to non-retail uses.
Implements
Policy
ED-6.3, 6.4, 6.6, 6.7
Responsible
Department
City Manager’s Office, The Economic and Community Development Department
Time Frame Ongoing
Status Sales tax and vacancy data is monitored on a quarterly basis, which assists staff in evaluating the performance of the City’s shopping centers. A recent focus has been on the City's regional shopping center, Union Landing, with in-depth analyses of trade area data. A study was prepared, which formed the basis of a comprehensive update to the Union Landing zoning regulations. The zoning amendments were also informed by feedback from stakeholders, including Union Landing property owners and brokers. The amendments were adopted in summer 2021 (Ordinance No. 887-21).
Program ED - 7. A Business Outreach Program. The City shall continue to reach out to Union City businesses to learn about new industries and technologies, discuss specific needs of local businesses, identify business expansion opportunities, and determine if City policies and regulations are reflective of changing and emerging business needs.
Implements
Policy
ED-7.1
Responsible
Department
City Manager’s Office, Economic and Community Development Department
Time Frame Ongoing
City Council/RSA Agenda 737 Tuesday, April 11, 2023
12 Status The Covid-19 pandemic response required focus on business recovery strategies, outreach, and information sharing. Staff continues to serve as a business concierge as businesses consider expansion to fully utilize space currently vacant or underutilized.
Businesses are challenged by low vacancy rates in the city and the region along with labor shortages.
Program ED - 9. A Green Business Support. The City shall encourage participation in the Alameda County Green Business Program by including program information in business license applications, hosting outreach events, and coordinating with the Chamber of Commerce. The City shall recognize green businesses in the community through actions such as listing green businesses on the City website, hosting recognition ceremonies for businesses that achieve certified green business status and providing award certificates.
Implements
Policy
ED-9.1, 9.2
Responsible
Department
Economic and Community Development Department
Time Frame Ongoing
Status Union City continues as an active participant in the Alameda County Green Business Program. As of July 1, 2022, there are eight businesses in the city with Green Business certification. The businesses are listed at https://greenbusinessca.org/AlamedaCounty. The Union City webpage for the program is: https://www.unioncity.org/331/GreenBusiness-Program.
City Council/RSA Agenda 738 Tuesday, April 11, 2023
13 Health and Quality of Life (Environmental Justice)
A healthy community promotes a positive physical, social, and economic environment that supports the overall well-being of its residents. While other parts of the General Plan also touch on aspects of health and quality of life, the purpose of the Health and Quality of Life Element is to promote a healthy lifestyle and improve residents’ quality of life by ensuring access to parks and recreation, healthy foods, health care facilities, as well as resources and programming that enrich people’s lives. The mandated environmental justice element is contained in the City’s Health and Quality of Life element.
General Plan goals:
• GOAL HQL-1 Ensure all residents have access to healthy foods. • GOAL HQL-2 Maintain, expand, and improve Union City’s parks and recreation facilities to meet existing and future needs. • GOAL HQL-3 Ensure that recreation, arts, culture, and other community programs reflect the diverse needs of the community and are available to all residents.
• GOAL HQL-4 Facilitate the provision of social services for all Union City residents.
• GOAL HQL-5 Facilitate the provision of accessible, affordable, and appropriate health care to all Union City residents.
• GOAL HQL-5 Facilitate the provision of accessible, affordable, and appropriate health care to all Union City residents.
• GOAL HQL-7 To ensure residents are given opportunities to participate in the land use planning and decision-making process through clear communication of information and engagement opportunities. • GOAL HQL-8 The City shall celebrate its diversity and work towards creating a community where residents feel safe and are free of prejudice and discrimination.
• GOAL HQL-9 Ensure all members of the community have equal access to a clean and healthy environment.
Progress of Implementation by Program:
Program HQL-1. A Amend Zoning Ordinance for Health Foods. The City shall review and amend its Zoning Ordinance, as appropriate, to increase opportunities for healthy foods, including healthy food retail City Council/RSA Agenda 739 Tuesday, April 11, 2023
14 outlets, community gardens, farmers markets, backyard gardens. The City shall also consider adopting limitations on fast food outlets near schools.
Implements
Policy
HQL-1.1, 1.2
Responsible
Department
Economic and Community Development Department
Time Frame FY 20/21
Status Community gardens are permitted by right in the Civic Facilities (CF) zoning district. Through Ordinance 903-22, adopted November 2022, the City added farmer's markets as a conditional use in the new Marketplace Mixed Use, and Village Mixed Use zoning districts.
Farmers' markets are also conditionally permitted in the Station Mixed Use Commercial and Neighborhood Commercial zoning districts.
Program HQL-2. A Parks and Recreation Master Plan. The City shall periodically update the Parks and Recreation Master Plan to address a variety of issues related to the City’s parks and recreational facilities, including but not limited to:
• An inventory of potential sites for future parks or recreational opportunities, which includes a high-level feasibility assessment that takes into consideration a variety of factors including, but not limited to, configuration, location, access, current use, availability, and ownership. The assessment shall also provide feedback on the types of parks or recreational facilities most appropriate for the site. The inventory of potential sites shall include, but is not limited to, the Turk Island landfill site, lands owned by Masonic Homes located east of Mission Boulevard, a portion of the Gateway Site identified in the Land Use Element for new residential housing and a park, and open space lands west of Union City Boulevard.
• An assessment of existing parks and recreational facilities to determine what improvements or renovations are needed to address City Council/RSA Agenda 740 Tuesday, April 11, 2023
15 the diverse needs of existing and future users. This shall include developing guidelines that recognize the life span of various park components and a timeline for replacement.
Implements
Policy
HQL-2.1, 2.4, 2.7, 2.8, 2.13
Responsible
Department
Community and Recreation Services, Economic and Community Development Department, Public Works Department
Time Frame FY 20/21, and periodically thereafter, dependent upon budget availability
Status As a precursor to updating the Parks and Recreation Master Plan, the City has identified parks in need of renovation on a case-by-case basis as funding becomes available. As part of the analysis, Old Alvarado/Cesar Chavez Parks was identified as a priority for various improvements. That project is currently underway. In addition, new parks are identified through the City’s Development Review process when new development is proposed.
There is no identified start date for the Park and Recreation Master Plan update.
Program HQL-2. B Update Park Facilities Fee. The City shall update the Park Facilities Fee to better reflect current costs and needs. Any future nexus study conducted to justify a revised park impact fee should also consider the feasibility of expanding it to apply to commercial and industrial development. Adoption of a nonresidential fee should be contingent upon a market study indicating the amount of the fee that would be feasible without affecting the City’s economic development goals.
Implements
Policy
HQL-2.3, 2.4
Responsible
Department
Finance Department, Community and Recreation Services, Economic and Community Development Department
City Council/RSA Agenda 741 Tuesday, April 11, 2023
16 Time Frame FY 20/21
Status An impact fee study is underway for to update all City development impact fees, including the Park Facilities Fee.
Program HQL-2. Joint Use Agreements with NHUSD. The City shall work collaboratively to update joint use agreements with the New Haven Unified School District to maximize public access to school recreational facilities and grounds during non-school hours. The City shall emphasize agreements that: (a) provide access to facilities which are currently lacking in existing City parks; and (b) benefit areas that currently lack neighborhood or community parks.
Implements
Policy
HQL-2.9
Responsible
Department
Community and Recreation Services, Economic and Community Development Department
Time Frame Ongoing
Status On December 6, 2022, the City Council (Resolution No. 6048-22) approved a land exchange agreement, a master joint use agreement and joint use agreements for Pioneer Park, Shorty Garcia Park, James Logan Tennis Center, Dan Oden Swim Complex with New Haven Unified School District.
Program HQL-2. D Landscape and Lighting District Parcel Tax. Evaluate updating the Landscape and Lighting District parcel tax and focus on park maintenance.
Implements
Policy
HQL-2.12
Responsible
Department
Public Works Department
Time Frame FY 22-23
City Council/RSA Agenda 742 Tuesday, April 11, 2023
17 Status Updates to the Landscape and Lighting District (LLAD) Parcel Tax require voter approval. To date, there has not been support to update this tax.
Program HQL-3. A Community and Recreation Services Activity Guide. The City shall prepare and distribute an Activity Guide of Community and Recreation Services.
Implements
Policy
HQL-3.6
Responsible
Department
Community and Recreation Services, Economic and Community, Development Department, City Manager’s Office
Time Frame
Status The Community and Recreation Services regularly updates events and activity schedules on its website and sends out an Activity Guide three times per year. The Winter/Spring 2023 Activity Guide was released in November/December 2022.
Program HQL-4. A Maintain List of Social and Community Services. The City shall periodically update the City’s website to maintain a current list of local social and community services.
Implements
Policy
HQL-4.1, 4.2, 4.3, 4.4, 4.5, 4.6
Responsible
Department
Community and Recreation Services, Economic and Community Development Department, City Manager’s Office
Time Frame Ongoing
Status Refer to HQL-3. A.
City Council/RSA Agenda 743 Tuesday, April 11, 2023
18 Program HQL-4. B Public Service Grants. The City shall continually apply for grant funding and distribute these funds on a bi-annual basis as part of the City’s budgeting process.
Implements
Policy
HQL-4.9
Responsible
Department
Ongoing
Time Frame Economic and Community Development Department Status The City allocates the maximum 20 percent of its federal Community Development Block Grant funding to public service providers. The City has a bi-annual Public Service grant application process, to coincide with the City’s bi-annual budget. This application process will open in March 2022.
Program HQL-4. C Public Service Needs Assessment and Funding Strategy.
The City shall periodically update the Public Services Needs Assessment and Funding Strategy Report to establish funding priorities for the Public Service Grants Program.
Implements
Policy
HQL-4.9
Responsible
Department
Economic and Community Development Department, City Council Time Frame FY 20/21, and every five years thereafter
Status An update to the Needs Assessment is currently underway. It is anticipated that the assessment will be brought to the City Council in Spring 2023 for review.
City Council/RSA Agenda 744 Tuesday, April 11, 2023
19 Program HQL-6. A Guide to Senior Services. The City shall prepare and distribute a Union City Resource Guide for Seniors.
Implements
Policy
HQL-6.1, 6.2, 6.6
Responsible
Department
Community and Recreation Services
Time Frame FY 20/21 and annually thereafter
Status The Ralph and Mary Ruggieri Senior Center hosts activities for seniors in the community. Services include lunches at a senior rate, fitness, English as a Second Language, and other helpful classes. The Senior Drive-thru Lunch Program also operates on weekdays.
City Council/RSA Agenda 745 Tuesday, April 11, 2023
20 Land Use
The City initiated, made progress, or completed several major planning efforts that will shape future development. In 2021, the City initiated work on the sixth cycle housing element. The efforts included extensive outreach including: an online community survey, two community workshops, outreach at the Farmer’s Market with interactive activities for the public to provide feedback on; Planning Commission and City Council Study Sessions, and participation by Union City in a regional collaborative. In addition, the City Council approved related General Plan and Zoning amendments in November 2022 to implement the vision identified in the draft Housing Element. The City’s Bicycle & Pedestrian Master Plan Update was adopted in November 2021. The Station District Specific Plan was adopted in November 2022 by the City Council and will ensure consistency with the recently adopted Union City General Plan, while providing an opportunity to refine the vision, planning details, and implementation strategies for the Station District. During the reporting period, the Zoning Ordinance and Zoning Map were updated for consistency with the General Plan including the addition of several new zoning districts. In addition, the Zoning Ordinance was updated to simplify, clarify, and streamline the City’s zoning requirements to facilitate development.
The Land Use Element designates the type, intensity, and general distribution of uses of land for housing, business, industry, open space, education, public buildings and grounds, waste disposal facilities, and other categories of public and private uses.
General Plan Goals:
• GOAL LU-1 Strategically support infill development and redevelopment to transform Union City into a distinctive community with a dynamic, transitoriented city center, attractive shopping and entertainment areas, and thriving and innovative workplaces.
• GOAL LU-2 Provide a land use framework that promotes transit-oriented development and walkable communities and reduces reliance on cars. • GOAL LU-3 Encourage development that integrates a mix of commercial, office, and/or residential uses in appropriate areas, enabling residents to live close to businesses and services.
• GOAL LU-4 To preserve and enhance residential neighborhoods so they remain desirable places to live, maintain a variety of housing types, and contribute to the quality of life for Union City residents.
City Council/RSA Agenda 746 Tuesday, April 11, 2023
21 • GOAL LU-5 Foster development of residential neighborhoods that are attractive and safe.
• GOAL LU-6 To encourage Union City’s shopping districts to redevelop, intensify, and adapt to changing retail trends.
• GOAL LU-7 Protect the supply of land in Union City’s business parks and ensure development and design standards encourage business parks to adapt and transition into vibrant employment centers.
• GOAL LU-8 Provide for governmental, utility, institutional, educational, cultural, faith-based, and social facilities and services that are located and designed to complement and minimize incompatibility with Union City’s neighborhoods, commercial and employment districts, and nearby sensitive uses. • GOAL LU-9 To provide for the orderly development of the Hillside Area that protects and enhances the area’s natural resources.
• GOAL LU-10 To coordinate with other agencies to achieve regional objectives for sustainability, promote the interests of the city in regional efforts, and further the goals of the Union City General Plan.
Progress of Implementation by Program:
Program LU-1.A Update Infill Regulations in Municipal Code. The City shall evaluate and update, as appropriate, the Municipal Code regulations and procedures for infill development to ensure compatibility with the City’s infill development goals, as articulated in the General Plan.
Implements
Policy
LU-1.1, 1.2, 1.3, 1.6
Responsible
Department
Economic and Community Development Department
Time Frame
Status The City updated the Zoning Ordinance regulations and procedures to facilitate infill development in 2022. Specifically, Ordinance No. 900-22, adopted by the City Council on September 27, 2022, amended singlefamily residential zoning, including the addition of objective design standards, and regulations to comply with new legislation, including Senate Bill 9.
City Council/RSA Agenda 747 Tuesday, April 11, 2023
22 As part of the Housing Element update process, the City Council adopted Ordinance 903-22 on November 8, 2022, which implements the General Plan's infill policies by rezoning industrial and commercial districts to new mixed-use districts including Mixed Use Marketplace (MMU), Village Mixed Use (VMU), and Station East Employment (SEE), within the Station District.
As part of the Station East Residential Mixed-Use project, a new Zoning District was created called Station East Mixed Use Residential (SEMUR), adopted in June 2021, through Ordinance 884-21, and applied to a 25-acre industrial. The rezoning achieves the City's goals of facilitating infill development.
These amendments will assist the City in meetings its’ residential development goals of the 2023-2031 Housing Element and the City’s Regional Housing Needs Allocation (RHNA).
Program LU-3. A Update Mixed Use Regulations in Municipal Code. The City shall evaluate and update, as appropriate, the Municipal Code regulations and procedures to ensure compatibility with the City’s mixed-use development goals, as contained in the General Plan.
Implements
Policy
LU-3.1, 3.2, 3.3
Responsible
Department
Economic and Community Development Department
Time Frame FY 21/22
Status See discussion above.
Program LU-5. A Update Residential Impact Fees. The City shall review and update its residential impact fees to ensure that they adequately address the costs to the City of providing services now and in the future.
City Council/RSA Agenda 748 Tuesday, April 11, 2023
23 Implements
Policy
LU-5.8
Responsible
Department
Economic and Community Development Department, Administrative Services Department
Time Frame FY 20/21
Status An impact fee study is underway for an update to all City development impact fees, including fees for residential development.
Program LU-6. A Maintenance Standards for Shopping Districts. The City shall develop maintenance standards for its shopping districts to improve their appearance.
Implements
Policy
LU-6.2
Responsible
Department
Economic and Community Development Department, Public Works Department
Time Frame FY 21/22
Status Maintenance standards for commercial uses have been included in the zoning updates referenced above and completed in 2022. In addition, new development projects are approved with required conditions for maintenance.
Program LU-6.B Update Zoning Ordinance to Encourage Intensification in Commercial Zones. The City shall review the Zoning Ordinance to ensure that standards for commercial zones encourage higher-intensity, infill development, and experience-oriented uses within shopping districts.
Implements
Policy
LU-6.1, 6.3, 6.4, 6.5, 6.7
Responsible
Department
Economic and Community Development Department
City Council/RSA Agenda 749 Tuesday, April 11, 2023
24 Time Frame FY 20/21
Status In summer 2021, the Union Landing Commercial (CUL) Zoning District was amended under Ordinance No. 887-21 in support of the Union Landing shopping center. The amendments modified the list of permitted and conditionally permitted uses to provide more consistency within subareas, to better reflect current market trends, and to re-designate uses so they are permitted and don’t require discretionary review. The amendments updated development type descriptions to provide experience-oriented uses and the addition of breweries and wineries with on-site tasting and food service were added as a permitted use. The update included provisions related to trash and recycling facilities, property maintenance, and outdoor dining. Further, The City evaluated and updated the Municipal Code regulations for mixed use development. In November 2022, City Council approved zoning amendments consistent with the Station District Specific Plan (Ordinance No. 903-22).
Program LU-7. A Reviewing Zoning Ordinance to Respond to Market Trends.
The City shall review and update the Zoning Ordinance periodically to facilitate the conversion of the City’s business and industrial parks to more job-intensive uses. The City shall regularly review the Zoning Ordinance thereafter to respond to real estate market and development trends, as well as changes in technology, including a review of the lists of permitted and conditionally permitted uses in industrial areas to ensure that desired and potentially compatible uses are not excluded.
Implements
Policy
LU-7.2, 7.3
Responsible
Department
Economic and Community Development Department, Planning Commission
Time Frame FY 21/22; and ongoing thereafter
City Council/RSA Agenda 750 Tuesday, April 11, 2023
25 Status In November 2022 (Ordinance No. 903-22), the City Council added a new Zoning District called Station East Employment (SEE) to replace the former Research and Development Campus (RDC) zoning for the employment area located in Station East. The SEE zoning allows for high density employment, office, lab, research and development, light manufacturing, and commercial services to create an urban campus in a walkable, transit-oriented setting.
City Council/RSA Agenda 751 Tuesday, April 11, 2023
26 Community Design
The City’s primary goal for community design is to strengthen Union City’s identity by improving the quality of places and images throughout the city. High quality community design can build an urban fabric that strengthens its assets and brings coherence and identity to a city. The character of neighborhoods and centers, the design elements of buildings and public spaces, and role of scenic open space contribute to a sense of home for residents and a sense of place for visitors.
General Plan Goals:
• GOAL CD-1 Ensure physical changes to the built environment enhance the city’s form and help to create a stronger sense of place.
• GOAL CD-2 Protect and enhance the visual and physical access to the hillsides, baylands, and creeks.
• GOAL CD-3 To create distinct and attractive corridor environments along Union City’s major roadways and transit lines.
• GOAL CD-4 To create positive first impressions for travelers entering the city through enhancement of the city’s gateways.
• GOAL CD-5 To create a vibrant and inviting public realm that enhances Union City’s identity and encourages community gathering.
• GOAL CD-6 Use public art as a way to beautify and enhance the public realm and create a sense of identity for Union City’s different neighborhoods and districts.
Progress of Implementation by Program:
Program CD-1. A Amending Zoning Ordinance to Include Design Criteria for Shopping Centers The City shall amend the Zoning Ordinance to include design criteria and maintenance standards for new and substantially renovated shopping centers.
Implements
Policy
CD-1.2, 1.3, 1.4
Responsible
Department
Economic and Community Development Department
Time Frame FY 20/21
City Council/RSA Agenda 752 Tuesday, April 11, 2023
27 Status Maintenance standards for commercial uses have been included in the zoning updates referenced above and completed in 2022. In addition, new development projects are approved with required conditions for maintenance.
Program CD-1. B Update Zoning Ordinance to Ensure Compatible Single Family Infill Development. The City shall review and update the Zoning Ordinance to incorporate appropriate regulations to ensure the scale, massing, and design of new homes and additions to existing homes in single-family residential neighborhoods is compatible with surrounding single-family development.
Implements
Policy
CD-1.14
Responsible
Department
Economic and Community Development Department
Time Frame FY 19/20
Status Senate Bill (SB) 9, approved in 2021, requires a local agency to ministerially approve applications for 2 residential units within a single-family residential zone and applications for an urban lot split, with the goal of allowing for more intense residential development in single family residential districts. The City Council approved amendments adding regulations to implement SB 9 concurrently with other residential code updates (Ordinance No. 900-22). These amendments will assist the City in meetings its residential development goals of the 2023-2031 Housing Element and the City’s Regional Housing Needs Allocation (RHNA).
Program CD-3. A Prepare Streetscape Master Plans for Major Corridors. The City shall prepare streetscape master plans for the major arterial corridors that have not yet had plans prepared, such as Alvarado-Niles City Council/RSA Agenda 753 Tuesday, April 11, 2023
28 Road, Decoto Road, Union City Boulevard, and Whipple Road.
Streetscape master plans that have already been prepared shall be updated as appropriate.
Implements
Policy
CD-3.1
Responsible
Department
Public Works Department
Time Frame As funding becomes available
Status As part of the Station District Specific Plan update, standards related to streetscape design were developed for a portion of Decoto Road. Work on other arterials is underway.
Program CD-3. B Masonry Wall Master Plan. The City shall prepare a master plan to identify the replacement of wooden residential fences on major arterials with well-designed masonry walls and develop a program to identify methods of funding the replacements.
Implements
Policy
CD-3.6
Responsible
Department
Public Works Department, Economic and Community Development Department, City Manager’s Office
Time Frame As funding becomes available
Status As part of the Development Review process, the City works with property owners to replace wooden residential fences on major arterials on a project-by-project basis.
Program CD-4. A Gateway Sign Program. The City shall create a consistent wayfinding sign program for gateway signs along major corridors to help distinguish Union City from Fremont and Hayward.
Implements
Policy
CD-4.2
City Council/RSA Agenda 754 Tuesday, April 11, 2023
29 Responsible
Department
Public Works Department
Time Frame FY 22/23
Status This project has not started.
Program CD-6. A Public Art Master Plan. The City shall work through the Arts & Culture Commission to prepare a citywide Public Art Master Plan that identifies opportunities for public art throughout Union City.
Implements
Policy
CD-6.1
Responsible
Department
Economic and Community Development Department
Time Frame FY 23/24
Status Pursuant to Union City Municipal Code, Chapter 12.40, The Art in Public Places Program, promotes the visual arts in Union City by requiring the inclusion of a public artwork component in new development projects. The chapter requires certain City-sponsored and private developments to install publicly accessible works of art or pay an equivalent in-lieu fee into the Public Art Fund. Final public art designs are reviewed by the Union City Arts and Culture Commission.
A citywide Public Art Master Plan has not been developed.
Program CD-6. B Mural Program. The City shall implement a mural program, in which the City contracts with local artists to paint murals on utility boxes, buildings, and structures throughout the city.
Implements
Policy
CD-6.2
Responsible
Department
Economic and Community Development Department
City Council/RSA Agenda 755 Tuesday, April 11, 2023
30 Time Frame ongoing
Status The City has implemented a Utility Box Mural Program and is always accepting applications. The program’s Request for Proposals (RFP) is posted on-line at RFP-Union-City-Utility-Box-Mural-Program_rev-422 (unioncity.org).
Program CD-6.C Public Art Inventory. The City shall conduct and maintain an inventory of existing public art throughout the city and make the inventory available online.
Implements
Policy
CD-6.4
Responsible
Department
Economic and Community Development Department
Time Frame FY 21/22
Status This effort has not started.
City Council/RSA Agenda 756 Tuesday, April 11, 2023
31 Mobility
The Mobility Element corresponds to the mandated requirements for circulation. It correlates with the land use element and identifies the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and other local public utilities and facilities. As required, the Mobility element is planned for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan. “Users of streets, roads, and highways” mean bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.
General Plan Goals:
• GOAL M-1 Design and maintain streets to be safe and accessible for all categories of users.
• GOAL M-2 To provide a robust and interconnected bicycle and pedestrian circulation system throughout the city.
• GOAL M-3 Provide an accessible, sustainable, efficient, and convenient public transit system for residents, workers, and visitors in Union City. • GOAL M-4 Establish a safe, convenient, and efficient street network that facilitates vehicle travel throughout Union City.
• GOAL M-5 To reduce vehicle miles traveled through strategies that reduce automobile dependency.
• GOAL M-6 Provide for an efficient and effective parking system that serves the needs of residents and businesses, while supporting alternative modes of transportation.
• GOAL M-7 Encourage the safe and efficient movement of goods to support the local economy while minimizing impacts on residential neighborhoods and local traffic patterns.
City Council/RSA Agenda 757 Tuesday, April 11, 2023
32 Progress of Implementation by Program:
Program M-1. A Complete Street Design Standards. The City shall review and update its Standard Specifications and Design Criteria for streets to include complete streets standards as well as green street standards, with an overall goal of making the transportation system that is less auto centric. Standards should accommodate multiple transportation modes within rights-of-way and achieve mutually supportive land use, transportation, and urban design objectives.
Implements
Policy
M-1.1, 1.2, 1.3, 1.4
Responsible
Department
Public Works Department
Time Frame FY 23/24
Status The City is reviewing its current Standard Specifications and Design Criteria for streets and may need to update these to ensure they are consistent with the City’s Complete Streets policy. The current policy was adopted in 2012 to align with best practices in active transportation planning and engineering. The Alameda County Transportation Commission's (Alameda CTC) 2014 Transportation Expenditure Plan (TEP) identified funding for major transportation projects within Union City, which includes Quarry Lakes Parkway and Decoto Complete Streets, and this will fund the updated Complete Streets Design Standards.
Program M-1. B. Evaluate Performance of Transportation Network for All Users. The City shall perform periodic evaluations of how well the streets and transportation network of the City are serving each category of users by collecting baseline data and collecting follow-up data on a regular basis.
Implements
Policy
M-1.1, 1.4, 1.6
City Council/RSA Agenda 758 Tuesday, April 11, 2023
33 Responsible
Department
Public Works Department
Time Frame FY 21/22, and at least every five years thereafter Status The City evaluates its transportation network on a periodic basis to assess how well it is meeting the needs of all users of the network, including vehicles, bicyclists, and pedestrians. For example, the City conducts citywide traffic speed and traffic volume surveys for all City streets on a rotating basis to ensure the baseline information is up to date, adjusts posted speed limits, and implements needed projects, as informed by such field surveys. The Public Works Department is currently conducting a traffic survey of areas throughout the City.
In addition, City uses its Bicycle and Pedestrian Master Plan to implement projects to close any connectivity gaps and make safety improvements for bicycle and pedestrian modes of transportation.
Program M-1.C Vision Zero Action Plan. The City shall prepare and adopt a Vision Zero Action Plan that uses historic crash data to pinpoint the factors contributing to traffic deaths and serious injuries and identifies safety countermeasures to address those factors.
Implements
Policy
M-1.10
Responsible
Department
Public Works Department
Time Frame FY 22/23
Status City Council adopted a resolution on April 26, 2022 (Resolution No. 5923-22), accepting Grants from the California Department of Transportation for the preparation of the Local Roadway Safety Plan City Council/RSA Agenda 759 Tuesday, April 11, 2023
34 (LRSP), City Project No. 21-25. Public outreach meetings with stakeholders and the community were held in 2022 for the LRSP.
Program objectives include enhancing safety for all users of the City’s roadway system, for example, reducing incidents and the severity of incidents, identifying high need areas, etc. An existing conditions assessment was also conducted. The information obtained from the LRSP program will inform the development of a Vision Zero Action Plan. LRSP is anticipated to be in place in 2023.
Program M-2. A Bicycle & Pedestrian Master Plan Update. The City shall review and update the Pedestrian and Bicycle Master Plan every 5 -10 years. The Plan shall identify a cohesive bikeway and pedestrian network and maintain a list of priority bicycle and pedestrian improvement projects. The Plan update shall include an analysis to determine existing challenges, opportunities, and priority investments.
Implements
Policy
M-2.1, 2.3
Responsible
Department
Public Works Department, Economic and Community Development Department
Time Frame FY 19/20, and every 5-10 years thereafter
Status The updated Bicycle & Pedestrian Master Plan (Plan) was adopted by the City Council on November 23, 2021 (Resolution No. 5859-21). The Plan updates the existing Master Plan (approved in 2011) and provides a framework for a bicycle and pedestrian network for all ages and abilities. The Plan provides a funding strategy for implementing projects, so the City can quickly move from Plan adoption to implementation.
City Council/RSA Agenda 760 Tuesday, April 11, 2023
35 Program M-2.B ADA Transition Plan-related Improvements. The City shall examine sidewalk conditions and pedestrian crossings and prioritize locations for implementing and maintaining pedestrian friendly improvements, including replacement of damaged or uplifted sidewalks that present tripping hazard to pedestrians, crosswalk striping, pedestrian actuation, pedestrian countdown signals, signal timing, audible pedestrian signals, and ADA improvements (e.g., curb ramps, sidewalk gaps, and sidewalk obstructions).
Implements
Policy
M-2.9
Responsible
Department
Public Works Department
Time Frame FY 22/23, and every 5 years thereafter
Status The City's consultant started evaluating the streets and transportation network for all users in early 2022. See M-1. C.
Program M-2. C Outreach Materials on Biking and Walking. The City shall develop outreach materials, such as route maps for new bicycle and pedestrian facilities to encourage their use, as well as bicycle and pedestrian safety information for bicyclists, pedestrian, and drivers.
The City shall develop these materials in multiple languages, and distribute via the City’s website, printed materials, and through other media.
Implements
Policy
M-2.14
Responsible
Department
Public Works Department
Time Frame Ongoing
Status The updated Bicycle & Pedestrian Master Plan was adopted by the City Council November 23, 2021 (Ordinance No. 5859-21). Approved bicycle and pedestrian network maps are being disseminated through a variety City Council/RSA Agenda 761 Tuesday, April 11, 2023
36 of measures and were utilized in the development of the Station District Specific Plan.
Program M-3. A Short-Range Transit Plan. The City shall continue to prepare and implement the Union City Transit Short-Range Transit Plan to plan for transit system and route adjustments, capital improvements, equipment (i.e., buses), administrative and operational changes, maintenance and other recommendations presented in the Short-Range Transit Plan to the extent feasible to provide better and more efficient transit service.
Implements
Policy
M-3.15
Responsible
Department
Union City Transit
Time Frame FY 19/20, and update as required by MTC
Status MTC adopted Resolution 4512-22 on March 31, 2022, to streamline a condensed version of the Short-Range Transit Plan (SRTP) that is consistent amongst all 27 Bay Area public transit operators under the Metropolitan Transportation Commission (MTC). As a result, the deadline for a draft to MTC was September 30, 2022, with a fully adopted final version by spring, 2023. This process has been delayed due to insufficient funding by MTC to provide service based on current costs. Staff is working on the SRTP for presentation and approval in February 2023.
Program M-3.B Bus Service to Connect Employment Centers to Intermodal Station. Union City Transit shall review the need for route modifications, based on demand, to connect employment centers with the Intermodal Station.
Implements
Policy
M-3.3, 3.4, 3.16
City Council/RSA Agenda 762 Tuesday, April 11, 2023
37 Responsible
Department
Public Works Department, Union City Transit, Economic and Community Development Department
Time Frame Ongoing
Status Currently there is a pilot micro transit service called the FLEA (Flexible, Local, Easy, Access). The Flea provides service to the Central Bay Industrial Park, which accommodates many businesses. The service area will be expanded on April 1, 2023, to cover the Decoto Neighborhood to Mission Boulevard and Decoto Road and the City limits along Tamarack Drive between Mission Boulevard and Ithaca Street, and the neighborhood between the Marketplace commercial area and Decoto, areas that could not be served under the pilot program while retaining the same service hours. Expanded service will continue until BART service changes in August/September 2023. The continuation of FLEA in the long term will depend on finding new funding sources based on limited funds provided in the Short-Range Transit Plan (SRTP). The route operates at 20-minute during the AM and PM peak periods. In coordination with regional efforts, Union City will schedule changes to align with other regional connectors. For example, changes will align with BART's new schedules taking effect in September of 2023. BART and Union City Transit will both have consistent daily 30-minute service 7 days a week on the orange line from Richmond to Berryessa that allows for consistent daily departures from Union City Station.
Program M-3.C Convert Bus Fleet. The City shall convert the bus fleet to a zeroemission fleet as vehicle replacement funds become available through MTC and the Federal Transit Administration (FTA).
Implements
Policy
M-3.21
Responsible
Department
Public Works Department, Union City Transit
City Council/RSA Agenda 763 Tuesday, April 11, 2023
38 Time Frame FY 20/21, FY 22/23, FY 24/25, and ongoing Status The City is advancing toward implementation of the program to convert public transit vehicles to zero-emission. Two FTA discretionary grants were submitted on May 31, 2022, and Union City Transit was awarded $9,342,346 to buy zero-emission battery electric buses and charging equipment to replace older buses that have reached their useful life. The project will improve air quality, safety, and the reliability of transit for the Union City community.
Union City Transit has partnered with Gillig, the Center for Transportation and the Environment, PG&E, and East Bay Clean Energy to expedite installation of infrastructure and ordering of zero emission buses. Buses currently take between 15-20 months to be delivered from the date the order is finalized. Replacement buses for the fleet are expected to arrive in 2024 through 2026 with infrastructure installed in 2024 to support the existing demand response fleet. “Demand response” refers to any non-fixed route system of transporting individuals that requires advanced scheduling by the customer, including services provided by public entities, nonprofits, and private providers.
Union City Demand Response services currently have two vans in service. All future orders will be for EV demand response vehicles to support paratransit, FLEA, and our partnership with Ride-On Tri-City! services. The Flea is public transit, charges a single fare, is a shared ride, and goes to your address - Flexible, Local, Easy, Access: Flea.
Program M-4.AIdentify Transportation Projects in the CIP Update. The City shall identify infrastructure projects every two years as part of the Capital Investment Plan (CIP) to provide for the roadway facility improvements necessary to implement the Circulation Diagram and roadway improvements called for in the General Plan.
Implements
Policy
M-4.2, 4.7, 4.13, 4.14, 4.15, 4.16, 4.17
City Council/RSA Agenda 764 Tuesday, April 11, 2023
39 Responsible
Department
Public Works Department
Time Frame FY 19/20 and every two years thereafter
Status The City has identified several infrastructure projects in the Capital Improvement Plan for Fiscal Years 2022-2026. For example, the City entered into a cooperative agreement with AC Transit for the AC Transit Dumbarton Express Corridor Improvements Project, which is currently under construction and is estimated to be complete by March 31, 2023. This traffic signal priority (TSP) project will consist of installing pre-emption devices on existing traffic signals that would give priority to AC Transit vehicles. Union City Transit is already operating under a similar system. In the next two years. two major roadway projects that will begin are the Decoto Road Street Rehab Project and the Union City Boulevard Bike Lanes Project.
Program M-4.B Establish VMT Threshold. The City shall adopt a vehicle miles traveled (VMT) threshold to be used for CEQA analysis in place of level of service standards.
Implements
Policy
M-4.4
Responsible
Department
Economic and Community Development Department, Public Works Department
Time Frame FY 19/20
Status The City complies with new State CEQA Guidelines Section 15064.3 by using Vehicle Miles Traveled (VMT) thresholds established by Environmental Impact Reports (EIRs), or other environmental documents for various developments that are subject to CEQA.
Thresholds have not been officially adopted. Staff is receiving technical assistance from MTC and anticipates adoption of thresholds and screening criteria in summer/fall 2023.
City Council/RSA Agenda 765 Tuesday, April 11, 2023
40 Program M-4.C Establish Impact Fee to Include Other Modes. The City shall conduct an AB1600 nexus study to establish a transportation impact fee to ensure fair share contributions to transportation improvements that may include, but are not limited to streets, public transit, bicycles, and pedestrian improvements.
Implements
Policy
M-4.6
Responsible
Department
Public Works Department
Time Frame FY 21/22
Status An impact fee study is underway to update all City development impact fees, including the Traffic Signalization Fee. The updated transportation impact fee would be broader and would also cover impacts from both the Level of Service (LOS) and VMT.
Program M-4. D Pavement Management Program. The City shall review and update the Pavement Management Program every two years to ensure the ability to apply for grant funding through the Metropolitan Transportation Commission (MTC) to rehabilitate and provide the necessary ongoing maintenance of the roadway network.
Implements
Policy
M-4.9
Responsible
Department
Public Works Department
Time Frame FY 19/20, and every two years thereafter
Status The City reviews and updates the Pavement Management Program (“Program”) every two years. The Program was updated in 2021. The Program consists of evaluating the pavement condition index (PCI) of all public streets. It does not include evaluation of associated sidewalks. (However, if substandard sidewalks or wheelchair ramps City Council/RSA Agenda 766 Tuesday, April 11, 2023
41 are identified for a street that is being repaved, such deficiencies are addressed as part of the paving project).
The updated Program includes a new requirement for street condition inspections to improve the timely determination of streets in need of maintenance. The next update would take place June 1, 2023.
Program M-5. A Station District Transportation Demand Management Strategies. The City shall incorporate transportation demand management (TDM) strategies into the Decoto Industrial Park Study Area (DIPSA) Specific Plan Update to discourage the use of singleoccupancy vehicles over time and encourage the use of public transit, bicycling and walking within the Station District.
Implements
Policy
M-5.1 Economic and Community Development Department
Responsible
Department
FY 20/21
Time Frame The DIPSA Specific Plan has been comprehensively updated and rebranded as the Station District Specific Plan (SDSP). The SDSP incorporates transportation demand management (TDM) policies for the Station District to address congestion, VMT, and parking demand by reducing automobile reliance. Consistent with Policy M-5.1, Transportation Demand Management, the City works with landowners and employers to implement TDM strategies including transit vouchers; van and carpool programs; shuttles to BART; and adding bike lanes to arterials. The SDSP was adopted by the City Council on October 25, 2022 (Resolution No. 6026-22).
Program M-6. A Revise Parking Regulations. The City shall review and revise, as appropriate, the parking requirements in the City Zoning Ordinance to identify opportunities for parking reductions, shared parking, unbundling, and other strategies that would reduce the land area City Council/RSA Agenda 767 Tuesday, April 11, 2023
42 dedicated to parking in the city while still meeting the community’s parking needs.
Implements
Policy
M-6.1, 6.2, 6.4, 6.5
Responsible
Department
Public Works Department and Economic and Community
Development
Time Frame FY 20/21
Status Parking regulations in the Zoning Ordinance were updated for consistency with the Station District Specific Plan per Ordinance 903-22 adopted by the City Council on November 8, 2022. The Specific Plan and Ordinance updates facilitate parking reductions in the Station District by creating a "maximum" parking standard in Mixed Use Marketplace (MMU), Station East- Residential (SEMU-R), and Station East Employment (SEE) Zoning Districts.
Program M-6. B Station District Paid Parking Program. The City shall continue to implement and enforce a paid parking program in the Station District, monitor the parking, and make changes as necessary. The City shall designate preferential parking spaces for car share vehicles at the Intermodal Station.
Implements
Policy
M-6.7
Responsible
Department
Public Works Department, City Manager's Office
Time Frame Ongoing
Status The Station District paid parking program was launched to direct BART commuter parking to City-owned lots and to make short-term on-street parking available in and around the Station District. Due to the COVID pandemic, demand for BART parking was substantially decreased and, to date, has not returned to pre-pandemic levels. The paid parking program will expand to the Station East area when the recently City Council/RSA Agenda 768 Tuesday, April 11, 2023
43 approved Station East Residential Mixed-Use development is constructed as well as other areas where new multi-family development has been approved subject to the City having adequate staffing to support the program.
Program M-6.C Address Parking Issues in Business Parks. The City shall study and recommend solutions for parking problems caused by warehouse conversion to more employment-intensive uses. Allowance for off-site parking, shared parking, and innovative transportation solutions shall be considered.
Implements
Policy
M-6.11
Responsible
Department
Economic and Community Development Department, Economic Development Coordinator
Time Frame Ongoing
Status Parking standards for warehouses uses are being updated as part of the updates to Chapter 18.40, Industrial Districts, of the Zoning Ordinance, which are anticipated to be reviewed by the Planning Commission and City Council in Spring 2023.
Program M-7. A Maintain Truck Routes. The City shall maintain designated truck routes that will minimize noise and other impacts on the community. The City shall periodically evaluate the established truck routes in response to changes in traffic patterns, traffic volumes, new land uses, level of usage, and adequacy of routes to serve local truck needs.
Implements
Policy
M-7.1, 7.2
Responsible
Department
Public Works Department
Time Frame FY 22/23, and ongoing
City Council/RSA Agenda 769 Tuesday, April 11, 2023
44 Status No changes are proposed to the truck routes identified in the 2040 General Plan. There have been no changes in traffic patterns, traffic volumes, new land uses, level of usage, and adequacy of routes significant enough to require an update.
City Council/RSA Agenda 770 Tuesday, April 11, 2023
45 Safety
To maintain a high quality of life for Union City residents, the City must minimize natural hazard risks, such as earthquakes, wildfire, and flooding, as well as manmade hazards and nuisances, such as hazardous materials and noise. Climate change is now acknowledged as a risk that cities must plan for, and consider how the community will adapt and be resilient to sea-level rise, temperature change, and other impacts. The Safety Element addresses these risks along with disaster preparedness and emergency response.
The noise element that identifies and appraise noise problems in the community, is also addressed under the Safety Element.
General Plan Goals:
• GOAL S-1 To protect the public health and safety and minimize the damage to structures, property, and infrastructure as a result of natural and manmade hazards.
• GOAL S-2 Ensure efficient, effective, and coordinated response to natural and manmade disasters.
• GOAL S-3 To minimize the risks associated with geologic and soils hazards in order to protect public health and safety, property, and the environment. • GOAL S-4 To provide increased fire safety through the provision of adequate fire protection infrastructure, public education, and outreach programs. • GOAL S-5 To provide flood protection that minimizes potential damage, while creating or enhancing existing recreational opportunities, wildlife habitats, and water quality.
• GOAL S-6 Improve the resiliency of Union City through continued efforts to adapt and respond to impacts associated with climate change.
• GOAL S-7 To protect public health and safety, property, and the environment by promoting the safe management of hazardous substances and controlling the use, storage, handling and disposal of the most toxic and hazardous substances. • GOAL S-8 To protect public health and welfare by minimizing excessive noise and vibration.
City Council/RSA Agenda 771 Tuesday, April 11, 2023
46 Progress of Implementation by Program:
Program S-1. A Maintain Codes and Regulations to Ensure Safety. The City shall periodically review and revise building codes and regulations to incorporate the latest information and technology related to natural hazards, such as earthquakes and flooding.
Implements
Policy
S-1.1, 1.2
Responsible
Department
Economic and Community Development Department
Time Frame November 2019 adoption for January 2020 implementation, minimum every three years thereafter
Status The City Council adopted an update to the Building Code in November 2022 (Ordinance No. 910-22), which went into effect January 1, 2023 for consistency with the 2022 California Building Standards Code.
Program S-2. A Comprehensive Emergency Management Plan. The City shall work with the Alameda County Fire Department to regularly review and update the Comprehensive Emergency Management Plan.
Implements
Policy
S-2.2
Responsible
Department
City Manager’s Office, as assigned
Time Frame FY 19/20; every five years thereafter
Status The City will begin work on the Comprehensive Emergency Management Plan in January 2023. The most current plan was updated in January of 2014 and is posted on the City's Emergency Management webpage, along with other emergency preparedness resources available to the community. Completion of the plan is anticipated for fiscal year 2023-2024.
City Council/RSA Agenda 772 Tuesday, April 11, 2023
47 Program S-2. B Local Hazard Mitigation Plan. The City shall prepare and update every five years a FEMA- and State approved Local Hazard Mitigation Plan.
Implements
Policy
S-2.3
Responsible
Department
City Manager’s Office, as assigned
Time Frame FY 22/23, and every 5 years thereafter
Status The City in partnership with the City of Newark, City of Fremont & Special Districts ACWD & USD have been approved for a FEMA/CALOES grant to complete a Multi-Jurisdictional Local Hazard Mitigation Plan for the Tri-City area. It is anticipated the project will start in March 2023. On February 14, 2023, the City adopted 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 multi-jurisdictional Local Hazard Mitigation Plan
Program S-2.C Expand Multicultural Participation in CERT Program. The City shall provide multicultural training presentations and handouts in multiple languages to expand participation in the Community Emergency Response Team (CERT) programs.
Implements
Policy
S-2.10
Responsible
Department
City Manager’s Office, as assigned
Time Frame FY 20/21
City Council/RSA Agenda 773 Tuesday, April 11, 2023
48 Status The CERT program expansion has not started due to a lack of appropriate staffing and funding to meet these needs at this time. The program is anticipated to start during FY 23-24.
Program S-2. D Feasibility Study for Emergency Operations Center. The City shall seek funding to prepare a feasibility study for modernization and/or relocation of the existing Emergency Operations Center to Fire Station 3 or another appropriate site.
Implements
Policy
S-2.4
Responsible
Department
City Manager’s Office, as assigned
Time Frame FY 20/21
Status The City is currently seeking funding to complete the Feasibility Study related to an updated/new Emergency Operations Center.
Program S-2. E Adopt an Ordinance to Address Post-Disaster Recovery. The City shall prepare and adopt an ordinance to address post disaster conditions regarding land use, sheltering, and rebuilding.
Implements
Policy
S-2.14
Responsible
Department
City Manager’s Office, Economic and Community Development Department
Time Frame FY 20/21
Status The City has not adopted an ordinance to address post-disaster recovery. However, the City will continue providing CERT course delivery and community engagement for disaster preparedness.
City Council/RSA Agenda 774 Tuesday, April 11, 2023
49 Program S-2. F Establish Redundant Data. The City shall establish redundant, offsite copies of crucial information and all City data to be able to maintain basic network functions during a disaster.
Implements
Policy
S-2.13
Responsible
Department
Administrative Services Department
Time Frame Ongoing
Status The IT Department works with a third-party vendor to store the all of the City’s data in a cloud-based storage system.
Program S-2. G Emergency Shelter Guidelines. The City shall prepare guidelines for establishment of emergency shelters including the accommodation of seniors, the disabled, and pets.
Implements
Policy
S-2.11, S-2.12
Responsible
Department
City Manager’s Office, Economic and Community Development Department
Time Frame FY 20/21
Status The City's Comprehensive Emergency Management Plan (CEMP) identifies guidelines for emergency shelters.
Program S-3. A Maintain Records of Geologic and Soils Reports. The City shall file and maintain geologic, and soils reports and information by parcel No. or street address, in accordance with the City’s approved Records and Information Management Program Policy.
Implements
Policy
S-3.1, 3.2
Responsible
Department
Public Works Department; Building Department
City Council/RSA Agenda 775 Tuesday, April 11, 2023
50 Time Frame Ongoing
Status The City maintains soils reports received for projects that require it. A map depicting the locations where soils reports have been taken is also maintained by the City, for future reference. The reports are maintained according to the City's Records Retention Policy.
Program S-3.B Work with ACWD to Install Resilient Water Infrastructure. The City shall support efforts by the Alameda County Water District (ACWD) to design and install seismically resilient backbone water pipelines in Union City and ensure the availability of potable water supply during an emergency.
Implements
Policy
S-3.3
Responsible
Department
Public Works Department
Time Frame Ongoing
Status ACWD completed Phase 1 of their waterline seismic upgrade project last year from Union City Boulevard to Central Avenue along Alvarado-Niles Road. Phase 2 from Central Avenue to Decoto Road on Alvarado-Niles Road is planned for the near future by ACWD. These projects will replace aging water mains and make them more resilient against seismic activity.
Program S-7.A Ensure Compliance with Hazardous Materials Regulations. The City shall routinely review the following for compliance with Federal, State, and local laws, regulations, and ordinances:
• Hazardous Materials Release Response Plans and Inventories, • Underground Storage Tanks,
• Above Ground Petroleum Storage Tanks,
• Hazardous Waste Generators
City Council/RSA Agenda 776 Tuesday, April 11, 2023
51 • Onsite Treatment of Hazardous Waste,
• California Accidental Release Prevention Program, and • California Fire Code Hazardous Materials Requirements Facilities shall be inspected in accordance with the required minimum frequency as defined in State law, with a goal of conducting more frequent inspections at higher hazard facilities.
Implements
Policy
S-7.1, 7.2
Responsible
Department
Environmental Programs Division; Economic and Community Development Department, Public Works Department
Time Frame Ongoing
Status The Environmental Programs Division manages the City's hazardous materials reporting program as the Certified Unified Program Agency (CUPA) for the City. There are 294 permitted hazardous materials facilities in the CUPA program. The division inspected 116 facilities in the FY 2021-22 period, which exceeds the state-mandated frequency.
Procedures, plans, and practices are reviewed and revised on an ongoing basis. The division received routine program evaluation by the California Environmental Protection Agency in late 2022. The Building Division and the Fire Department implement the hazardous materials elements of the building and fire codes.
The Environmental Programs Division of the Economic and Community Development Department updated the webpage for the Certified Unified Program Agency (CUPA) underground storage tank program to streamline access to scheduling and forms, and to answer frequently asked questions. The update aids our 22 underground tank facilities and the numerous contractors that need CUPA permits or inspections. The Hazardous Materials Regulations are complete and current.
City Council/RSA Agenda 777 Tuesday, April 11, 2023
52 Program S-7. B Hazardous Materials Area Plan. The City shall conduct a complete review of its Hazardous Materials Area Plan every three years and submit certification to the California Office of Emergency Services (Cal OES) in a manner consistent with State law.
Implements
Policy
S-7.1
Responsible
Department
Environmental Programs Division; City Manager’s Office; Economic and Community Development Department; Police Department; Fire Department; Public Works Department; Finance Department Time Frame FY 20/21
Status The Environmental Programs Division reviewed and revised the Hazardous Materials Area Plan in 2020 and it was accepted by CalOES.
The plan is reviewed annually. The Hazardous Materials Area Plan is complete and current.
Program S-8. A Review Community Noise Ordinance. The City shall review and update the Community Noise Ordinance, as necessary.
Implements
Policy
S-8.13
Responsible
Department
Economic and Community Development Department; Public Works Department
Time Frame FY 21/22
Status Currently, no changes to the Noise Ordinance have been required. City staff addresses individual concerns for specific construction and hours of operation as needed.
City Council/RSA Agenda 778 Tuesday, April 11, 2023
53 Public Facilities & Services
This element focuses on the variety of public facilities that are necessary to sustain existing households and businesses and to accommodate future population and employment growth. The Public Facilities & Service Element also addresses public facilities for water supply, wastewater collection and treatment, stormwater collection and drainage, solid waste, utilities, and communications infrastructure. Policy guidance to ensure excellent public services, which include law enforcement, fire protection, schools, and libraries, is also addressed.
General Plan Goals:
• GOAL PF-1 Ensure efficient, effective, and coordinated response to natural and manmade disasters.
• GOAL PF-2 To operate and function in a sustainable manner, use public revenues and resources efficiently, and provide professional, high-quality service to residents and businesses.
• GOAL PF-3 Ensure the provision of a water system with adequate supply, distribution, and storage facilities to provide safe and reliable water to meet the existing and future needs of the city.
• GOAL PF-4 Ensure adequate wastewater collection, treatment, and disposal. • GOAL PF-5 Provide a stormwater collection system that reduces excess runoff and minimizes flood potential from existing and future development, reduces impacts to water quality, improves environmental quality, and incorporates nature-based flood management and green infrastructure.
• GOAL PF-6 Maintain and support the provision of an efficient program for the management and reduction of solid waste materials, including reuse, recycling, collection, and disposal, to protect public health and the natural environment, to conserve energy and natural resources, and to extend landfill capacity. • GOAL PF-7 Ensure the provision of a reliable, efficient, cost-effective, and environmentally sound gas and electric service within Union City. • GOAL PF-8 Encourage the development and maintenance of state-of-the-art communication infrastructure and services to bolster the City’s economic competitiveness and support businesses and residents.
City Council/RSA Agenda 779 Tuesday, April 11, 2023
54 • GOAL PF-9 Provide exceptional public safety and crime reduction services to maintain a safe and secure community, and continue to uphold police-community trust, engagement, and collaboration.
• GOAL PF-10 Ensure high quality fire and emergency response to prevent injury, loss of life, and property damage.
• GOAL PF-11 Ensure excellent schools that provide high-quality educational services, foster civic pride, and serve as neighborhood and community centers. • GOAL PF-12 Enhance and expand Union City’s library facilities and services to meet the educational and life-long learning needs of the community.
Progress of Implementation by Program:
Program PF-1. A Capital Improvement Program. The City shall continue to update its Capital Improvement Program every five years to address the city’s existing and projected public facility needs.
Implements
Policy
PF-1.6, 1.14
Responsible
Department
Finance Department, All City departments, City Council
Time Frame FY 22/23 and every five years thereafter
Status The City’s 5- Year Capital Improvement Plan (CIP) was prepared for FY 2021-2022 through FY 2022-23. The five-year CIP is developed as part of the biennial budget process. An update to the current CIP is underway to coincide with the next biennial budget period.
Program PF-1. B Fee Schedules Update. The City shall annually review and update its development fees to ensure adequate funding to deliver and maintain the service levels set out in this General Plan.
Implements
Policy
PF-1.8, 1.9
Responsible
Department
Finance Department, All City departments, City Council
Time Frame Annually
City Council/RSA Agenda 780 Tuesday, April 11, 2023
55 Status The City annually reviews and updates its fees through the Master Fee Schedule update process. In addition, an impact fee study is currently underway to comprehensively update all City development impact fees.
Program PF-2. A Customer Service Improvements. The City shall routinely assess how to improve customer service, including identification of strategies for enhancing customer service at City Hall and other City facilities. Strategies may include access to additional City services online and providing a “one-stop shop” or “concierge” service at City Hall.
Implements
Policy
PF-2.1, 2.2
Responsible
Department
City Manager’s Office
Time Frame Ongoing
Status The Economic and Community Development (ECD) Department continually assesses its customer service model to best serve its constituents. As part of its response to COVID-19 restrictions, the ECD Department instituted new virtual and “touchless” options to facilitate the submittal and issuance of building and planning permits/approvals.
Program PF-2. B Comprehensive Operational Audit. The City shall complete a comprehensive operational audit on city policies, procedures, service provision and productivity.
Implements
Policy
PF-2.4, 2.5
Responsible
Department
City Manager’s Office
Time Frame 2020, every 5 years thereafter
City Council/RSA Agenda 781 Tuesday, April 11, 2023
56 Status The City Manager’s Office continually audits City policies, procedures, service provisions, and productivity in response to both internal and external factors.
Program PF-2. C. Develop Renewable Energy Sources at Municipal Facilities.
The City shall continually seek out opportunities and grant funding for the development of renewable energy sources, such as the installation of photovoltaic systems, at municipal facilities.
Implements
Policy
PF-2.14, 2.15
Responsible
Department
Public Works Department
Time Frame Ongoing
Status Solar photovoltaic systems have been installed at several City facilities including the Corporation Yard, Ruggieri Senior Center, Mark Green Sports Center, and the Holly Community Center.
Program PF-3. A. Update City Website to Promote Bay-Friendly Landscaping.
The City shall update the City website to provide information regarding bay-friendly landscaping, including examples of bayfriendly gardens.
Implements
Policy
PF-3.8
Responsible
Department
Economic and Community Development Department
Time Frame FY 20/21
Status The website regularly posts the most up-to-date Landscape Policy Statement pursuant to required changes; the last update was October 2022. The Policy Statement features the Bay-Friendly Basics Landscape Checklist, which includes required practices that address established City Council/RSA Agenda 782 Tuesday, April 11, 2023
57 principles for protecting the environment. The City Council, Planning Commission and staff use the document to evaluate landscaping of proposed development. Also, the city's Clean Water Program website was reviewed and updated in 2021. It contains current links for rain gardens, rain barrels, impervious paving, and links to the Alameda County Clean Water Program website with bay-friendly garden references.
Program PF-6. A Public Education Program on Waste Reduction, Recycling, Composting, and Green Purchasing. The City shall establish a public education campaign to encourage residents, schools, institutions, and businesses to reduce, reuse, recycle, and compost appropriately, and purchase recycled and nontoxic products.
Implements
Policy
PF-6.5
Responsible
Department
City Manager’s Office, Recycling and Solid Waste Division Time Frame Ongoing
Status Effective July 1, 2021, the City commenced collecting a fee included in the solid waste, compost, and recycling rates to assist with funding various regulatory obligations pursuant to SB 1383t. This act requires a variety of public education and outreach activities to support and encourage diversion of organics from landfill disposal. In October 2021, the City added Chapter 7.24 - Organics Reduction and Recycling Ordinance, to the Union City Municipal Code adopting the countywide Organics Reduction and Recycling Ordinance which mandates various provisions of SB 1383 commencing January 1, 2022. The City continues to develop and implement a variety of public education and outreach activities to support its landfill, compost and recycling related programs and services provided to Union City ratepayers. In addition, the City's Franchise Agreements with Republic Services and Tri-CED Community Recycling for solid waste, compost, and recycling City Council/RSA Agenda 783 Tuesday, April 11, 2023
58 collection services both include numerous public education and outreach obligations which the City manages in concert with its specific supplemental efforts to support the variety of programs and services related to compliance with the State's waste diversion from landfill regulations such as AB 939, AB 341, AB 1826 and SB 1383. Specific outreach activities include issuing to single-family, multi-family and commercial customers: quarterly newsletters; annual comprehensive Recycling Guides; periodic post cards (e.g., HHW collection event, compost giveaway); newspaper articles; HOA and civic organization articles; posters; decals; bill inserts; and social media posts/campaigns.
Other direct outreach activities include providing technical assistance to multi-family complexes and commercial customers and conducting lid flipping campaigns which include leaving notices on residential and commercial customers landfill, recycling and compost collection carts and bins.
Program PF-8. A Expand High-Speed Internet. The City shall pursue opportunities to expand high speed internet in Union City, including implementing the installation of dark fiber in the Station District, studying the feasibility of expanding dark fiber citywide, and pursuing the ability to connect to BART’s lit fiber network.
Implements
Policy
PF-8.1, 8.3
Responsible
Department
City Manager’s Office, Economic and Community Development Department
Time Frame Ongoing
Status As of fall 2022, the City has put a hold on the goal of expanding high speed internet in favor of doing a city-wide fiber plan that will allow city sites and traffic intersections to be connected with dark fiber.
City Council/RSA Agenda 784 Tuesday, April 11, 2023
59 Program PF-8. B Standards for Broadband Infrastructure. The City shall develop and adopt standards for broadband infrastructure installation, including the development of:
• A dig once, open trench and shadow conduit standard;
• A preferred business model for management and use of city owned telecommunication assets, which may include a master lease agreement;
• Standards for new construction or major remodels;
• Standard specifications for conduit and broadband facilities, permitting procedures and master plans.
Implements
Policy
PF-8.6
Responsible
Department
City Manager’s Office, Public Works Department, Economic, Information Technology, and Community Development Department Time Frame 2020
Status New City policies for broadband infrastructure installation are being evaluated for future standards. It is anticipated that the standards will be prepared by December 1, 2024.
Program PF-8. C Standards for Small Cell Sites. The City shall establish design standards and a legal framework for accommodating small cell technology in the public rights-of-way.
Implements
Policy
PF-8.8
Responsible
Department
City Manager’s Office, Public Works Department
Time Frame 2020
City Council/RSA Agenda 785 Tuesday, April 11, 2023
60 Status In July 2021, “Small Cell” design guidelines were prepared and presented to cellular providers. To date, the City has entered into Master License Agreements with three providers.
Program PF-8. D Broadband Asset Management. The City shall develop a detailed geodatabase of City owned traffic signal and street light conduits and existing fiber optic networks and information regarding ownership.
Implements
Policy
PF-8.5
Responsible
Department
City Manager’s Office, Public Works Department
Time Frame 2020
Status The City has added the location of all streetlights to the City’s GIS system. The new system allows pole details to be documented and small cell installation information to be tracked.
Program PF-8. E Explore Creation of Internet Connectivity Fee. The City shall explore the creation of an internet connectivity fee to help fund the expansion of broadband access throughout the city.
Implements
Policy
PF-8.3
Responsible
Department
City Manager’s Office, Finance Department
Time Frame 2021
Status This work has not begun.
City Council/RSA Agenda 786 Tuesday, April 11, 2023
61 Program PF-8. F Cybersecurity Plan. The City shall develop a cybersecurity plan to protect City infrastructure and government data against cyberattacks.
Implements
Policy
PF-8.10
Responsible
Department
City Manager’s Office, as assigned
Time Frame FY 20/21
Status In September 2022, the City Council adopted the City of Union City Technology Roadmap through Resolution No. 6015-22, which includes strategies for cybersecurity. The IT department has setup and deployed security compliance monitoring for city servers and computers, enabled a 24/7 security monitoring service for city computers, and deployed a hardened data backup and recovery system. It is anticipated that a cybersecurity plan will be adopted by December 1, 2024.
Program PF-9. A Police Department Strategic Plan. The City shall maintain and implement a comprehensive Police Department Strategic Plan, based on incremental time periods of three to five years, unless designated otherwise, and shall update the plan periodically as plan items are accomplished or achieved.
Implements
Policy
PF-9.1-9.8
Responsible
Department
Police Department
Time Frame 2021, and updated every three to five years, as appropriate City Council/RSA Agenda 787 Tuesday, April 11, 2023
62 Status An updated Police Department Strategic Plan was approved by the City Council on November 23, 2021 (Resolution No. 5861-21). The updated Strategic Plan covers the period from January 2022 through December 2026.
Program 9.B CALEA Certification. The City Police Department shall seek, earn, and maintain national accreditation by the Commission on Accreditation of Law Enforcement Agencies (CALEA). Being an accredited agency ensures formalization of essential management procedures, fair and nondiscriminatory personnel practices, enhanced crime prevention, increased efficiency of police service delivery to the community, solidified interagency cooperation and coordination, and increased community and staff confidence in the agency.
Implements
Policy
PF-9.1-9.8
Responsible
Department
Police Department
Time Frame 2019, and ongoing
Status The Police Department assessed the feasibility of the CALEA Certification process and decided to pursue other City Council identified priorities. The Police Department's updated Strategic Plan does not include the pursuit of CALEA Certification as a goal.
Program PF-9.C Periodic Staffing Studies. The City Police Department shall conduct periodic staffing studies to determine staffing needs to meet best-practice obligations. These studies, beyond baseline personnelper-one-thousand staffing ratio formula, shall focus on actual workload demands and community priorities to determine staffing needs to meet those obligations.
Implements
Policy
PF-9.1
City Council/RSA Agenda 788 Tuesday, April 11, 2023
63 Responsible
Department
Police Department
Time Frame 2019, and ongoing
Status Detailed and regular staffing studies are completed in response to ongoing staffing changes. The Police Department's updated 2022-2026 Strategic Plan outlines comprehensive strategies in section #2 Goals.
Program PF-9. D Assess Police Department Facilities and Equipment Needs.
Biannually with the preparation of the City budget, the City shall assess local police facilities and equipment needs and develop strategies that strive to maintain the service standards established in Policy PF-9.1.
Implements
Policy
PF-9.2
Responsible
Department
Police Department, City Council
Time Frame 2019, and ongoing
Status Assessments and proposals to purchase essential equipment and to maintain Police Department facilities is ongoing, with dedicated supervisory and management staff assigned.
Program PF-12. A Evaluate Feasibility of Building a New Library. The City shall evaluate the feasibility of funding the construction of a new, stateof-the-art library to implement the Alameda County Library Facilities Master Plan.
Implements
Policy
PF-12.1
Responsible
Department
City Manager’s Office, Public Works Department
City Council/RSA Agenda 789 Tuesday, April 11, 2023
64 Time Frame 2022
Status The first step in the process is preparation of a Facilities Master Plan.
There is no established timeline to begin this work. This project is currently pending.
Program PF-12. B Fund Extended Library Hours. The City shall fund extended hours of operation at the library, subject to budgetary constraints.
Implements
Policy
PF-12.2
Responsible
Department
City Manager’s Office
Time Frame 2020, and every two-year budget cycle thereafter Status Based on current budgetary constraints, extension of library hours is not recommended.
City Council/RSA Agenda 790 Tuesday, April 11, 2023
65 Resource Conservation
The Resource Conservation Element addresses the requirement in State law for having conservation and open space elements. A range of topics are addressed, including habitat and open space, water resources, historic and cultural resources, air quality, energy conservation, and the reduction of greenhouse gas emissions.
General Plan Goals:
• GOAL RC-1 To provide for a continuous system of open spaces for the preservation, enhancement, and protection of open space land. • GOAL RC-2 To protect, restore, and enhance important biological habitats and their associated plant, wildlife, and fish species throughout Union City and to educate people as to this need.
• GOAL RC-3 To protect and enhance the natural qualities of Union City’s groundwater, surface water, and streams, and to ensure sufficient water supplies of good quality for all beneficial uses.
• GOAL RC-4 To protect, to the extent possible, the City’s significant archeological and historical resources.
• GOAL RC-5 To prevent the deterioration of and to improve air quality within Union City.
• GOAL RC-6 The City shall continue to promote programs and initiatives that support and maximize energy conservation and the use of renewable energy in Union City.
• GOAL RC-7 The City shall continue to promote programs and initiatives that support and maximize energy conservation and the use of renewable energy in Union City.
Progress of Implementation by Program:
Program RC-3.A Green Infrastructure Plan. The City shall prepare, adopt, and implement a Green Infrastructure Plan in compliance with NPDES Stormwater Municipal Regional Permit (MRP 2.0) requirements.
Implements
Policy
RC-3.4, 3.5
Responsible
Department
Public Works Department
City Council/RSA Agenda 791 Tuesday, April 11, 2023
66 Time Frame 2019
Status The City's Green Infrastructure Plan was prepared in compliance with NPDES Stormwater Municipal Regional Permit (MRP 2.0) requirements and was adopted in September 2019.
Program RC-4. A Maintain Inventory of Historical Resources. The City shall maintain an inventory of historical resources.
Implements
Policy
RC-4.2, 4.4
Responsible
Department
Economic and Community Development Department
Time Frame Ongoing
Status A historical resource inventory is maintained by the City (i.e., Union City Cultural Resources Survey) and is updated on a project-by-project basis. The City's Landmark and Historic Preservation Ordinance, updated through Ordinance No. 670-06 § 3, in 2006, provides guidance to designate and preserve historic resources.
Program RC-4. B Cultural Resources Study Requirement. Projects requiring activities that have the potential to impact cultural resources, the City shall require the applicant to retain a qualified archaeologist meeting the Secretary of the Interior’s (SOI) Professional Qualification Standards (PQS) in archaeology and/or an architectural historian meeting the SOI PQS standards in architectural history to complete a Phase 1 cultural resources inventory of the project site (NPS 1983). A Phase 1 cultural resources inventory should include a pedestrian survey of the project site and sufficient background archival research and field sampling to determine whether subsurface prehistoric or historic remains may be present. Archival research should include a records search conducted at the Northwest Information Center (NWIC) and a Sacred Lands File (SLF) search conducted with the Native American Heritage City Council/RSA Agenda 792 Tuesday, April 11, 2023
67 Commission (NAHC). The technical report documenting the Phase 1 cultural resources inventory shall include recommendations to avoid or reduce impacts to cultural resources. These recommendations shall be implemented and incorporated in the project.
Implements
Policy
RC-4.6, 4.7, 4.8
Responsible
Department
Economic and Community Development Department Ongoing
Time Frame Ongoing.
Status Projects that have the potential to impact cultural resources are addressed through applications for individual projects. The City works with consultants that specialize in cultural resource studies to determine reviews that are required pursuant to the California Environmental Quality Act (CEQA) and applicable federal and state laws.
Program RC-6. A High-Efficiency or Alternatively Powered Water Heater Replacement Program. The City shall provide educational material and information on the City website and through the Building Division on high-efficiency and alternatively powered water heater replacement options available to current homeowners considering water heater replacement. The City shall streamline the permitting process for high efficiency and alternatively powered water heat replacement and develop appropriate financial incentives by working with energy utilities or other partners. Replacement water heaters could include high efficiency natural gas (i.e., tankless) or other alternatively powered water heating systems that reduce or eliminate natural gas usage such as solar water heating systems, tankless or storage electric water heaters, and electric heat pump systems.
Implements
Policy
RC-6.9
City Council/RSA Agenda 793 Tuesday, April 11, 2023
68 Responsible
Department
Economic and Community Development Department
Time Frame FY 22/23
Status A handout was prepared that addressed alternatively powered water heater replacements, which is available from the Building Division or on-line.
Program RC-7. A Update the Climate Action Plan. The City shall periodically update the Climate Action Plan to address municipal operations, maintain compliance with GHG reduction targets set forth by the California Air Resources Board, and assess and modify existing CAP implementation programs.
Implements
Policy
RC-7.1, 7.2
Responsible
Department
Economic and Community Development Department
Time Frame 2020 and every five years thereafter
Status The most recent Climate Action Plan was adopted in 2010. An update to the Climate Action Plan is tentatively scheduled to begin in Fiscal Year 23 / 24.
City Council/RSA Agenda 794 Tuesday, April 11, 2023
69 Special Areas
“Special Areas” are distinctive districts that serve as important commercial, employment, and residential areas. These districts are either targeted for redevelopment during the life of this General Plan or have features that require special attention to preserve and protect.
This Element contains policies specific to each of these special areas.
General Plan Goals:
• GOAL SA-1 To continue to transform the Station District into a dynamic, transitoriented district with a diversity of uses that create a vibrant atmosphere where people live, work, and socialize.
• GOAL SA-2 To develop the core of the Station District surrounding the Intermodal Station as a major transit hub, business center, and residential address that is well connected with the rest of the city.
• GOAL SA-3 Redevelop the Restoration Site into a dynamic mix of uses that is integrated within the Station District.
• GOAL SA-4 To transform the Station East area into a vibrant, 21st century employment district that is a center of prosperity and innovation, focused on providing a quality experience for those who live and work in Union City. • GOAL SA-5 To provide for a variety of housing opportunities and create additional open space and park opportunities along the Quarry Lakes Parkway site that will serve as a new gateway to Union City.
• GOAL SA-6 To transform the Marketplace shopping area into a vibrant, walkable, well-designed community-serving retail center that maintains its focus on meeting the needs of Union City residents and employees and becomes an integral destination as part of the emerging transit-oriented development of the Station District.
• GOAL SA-7 To transform the Union City Boulevard District into an innovative, pedestrian-friendly, full-service employment district offering creative spaces and amenities for the new workforce.
• GOAL SA-8 To encourage the unified development of the Horner/Veasy Area with job-intensive, revenue enhancing light industrial/manufacturing uses that are compatible with City objectives for safety, environmental quality, visual quality, employment generation, and successful infill development.
City Council/RSA Agenda 795 Tuesday, April 11, 2023
70 • GOAL SA-9 To upgrade the appearance, intensify the land uses, and enhance the economic vitality of the Mission Boulevard Corridor between the Hayward boundary and Decoto Road
• GOAL SA-10 To enhance the Decoto neighborhood and preserve the neighborhood’s historic character by protecting its historic buildings and the neighborhood’s pattern and scale.
• GOAL SA-11 To preserve and enhance the “Old California Town” character of the Historic Alvarado District and continue to redevelop the Historic Alvarado District as a vibrant destination-oriented commercial center. • GOAL SA-12 To continue to enhance Union Landing as a premier retail and entertainment destination that is competitive in the regional marketplace. • GOAL SA-13 Support the redevelopment and intensification of Calaveras Landing into a regional shopping center with improved roadway and pedestrian connections and wayfinding and branding strategies.
• GOAL SA-14 To enhance the Four Corners shopping area with improved connectivity; a variety of retail uses that meet the needs of all residents; and a unified streetscape and architectural theme that creates a stronger identity for the area.
Progress of Implementation by Program:
Program SA-1. A Expand Priority Development Area. The City shall work with the Association of Bay Area Governments (ABAG) and the
Metropolitan Transportation Commission (MTC) to expand the Intermodal Station District Priority Development Area (PDA) boundary to encompass the entire Station District.
Implements
Policy
SA-1.1, 1.3
Responsible
Department
Economic and Community Development Department
Time Frame FY 20/21
Status The 2040 General Plan modified the boundaries of the former Decoto Industrial Park Study Area (DIPSA) Specific Plan area, which was the precursor to the Station District Specific Plan. In 2020, Union City's City Council/RSA Agenda 796 Tuesday, April 11, 2023
71 PDA was expanded for consistency with this expanded boundary and was also incorporated into the Station District Specific Plan.
Program SA-1. B Funding for Station District Public Improvements. The City shall identify and aggressively seek grant funding and other external sources of public funding to finance infrastructure and circulation improvements within the Station District, including:
• Construction of an east entrance to the BART station, including a pedestrian crossing of the Oakland Subdivision railroad tracks; • Construction of a pedestrian crossing of the Niles Subdivision railroad tracks to link the Core Station District with Station East; • Improved lighting, sidewalks and pedestrian amenities throughout the Station District, especially along Decoto Road and 7th Street, and within any new developments;
• Construction of new streets within the Station East area; • Replace public parking within the Station District that may be removed as a result of redevelopment;
• Construction of Quarry Lakes Parkway; and
• Construction of a passenger rail station at Union City BART.
Implements
Policy
SA-1.3, 1.7, 1.9
Responsible
Department
City Manager’s Office, Economic and Community Development Department, Administrative Services
Time Frame Division, and Public Works Department
Status Ongoing
• In summer 2022, Union City secured the permits to construct the at-grade crossing from the California Public Utilities
Commission and Union Pacific Railroad. The funding sources for design and construction of the at-grade crossing are a grant from the Alameda CTC and 2011 Redevelopment Bonds. Since City Council/RSA Agenda 797 Tuesday, April 11, 2023
72 2022, City and Union Pacific (UP) staff have met monthly to discuss design submittals, preemption calculations, and the anticipated project schedule.
• No work has begun on the pedestrian crossing over the Niles Subdivision.
• The Station East Mixed Use Residential project was approved in 2021 in the Station East area. The project proposes new streets and related street improvements and improvements along
Decoto Road and 7th Street. The project is in the process of obtaining approvals from the Public Works Department and other entities for this work.
• No parking was removed as a result of new development. • Design work for Quarry Lakes Parkway is underway
• Phase 1 of the Southern Alameda County Integrated Rail Analysis (SoCo Rail) Study, completed by the Metropolitan Transportation Commission (MTC), identified the Union City Intermodal Station as the preferred location for a “rail to rail” connection between the Altamont Commuter Express (ACE) and BART. Phase 2 of the project is currently underway and entails project development. Union City staff is coordinating with ACE and MTC staff on the project design.
Program SA-1.C Update DIPSA Specific Plan. The City shall review and update the Decoto Industrial Park Study Area (DIPSA) Specific Plan for consistency with the General Plan. The update shall be completed prior to the approval of any new residential development in Station East.
Implements
Policy
SA-1.1, 1.14
Responsible
Department
City Council, City Manager’s Office, Economic and Community Development Department
Time Frame FY 19/20
City Council/RSA Agenda 798 Tuesday, April 11, 2023
73 Status The Station District Specific Plan was adopted by City Council in October 2022 (Resolution No. 6026-22). The DIPSA Specific Plan was comprehensively updated and rebranded as the Station District Specific Plan (SDSP). The Station East Mixed Use Residential project included a Specific Plan amendment, which was later incorporated into the SDSP.
Program SA-1. D Evaluate Impact Fees in the Station District. The City shall re-evaluate impact fees that could be a source of funding for capital improvements in the Station District and assess the need for new fees to address the infrastructure and service impacts of high-density development in the Station District. Alternative sources of funds should be considered, such as infrastructure bonds, if appropriate.
Implements
Policy
SA-1.7
Responsible
Department
City Council, City Manager’s Office, Finance Department, Economic and Community Development Department, Public Works Department Time Frame Ongoing
Status An impact fee study is underway to update all City development impact fees, including fees that only apply to the Station District such as the DIPSA Infrastructure Fee.
Program SA-1. E Station District Streetscape Master Plan. The City shall develop a streetscape master plan for the Station District that outlines a unified design theme consisting of landscaping, sidewalks, pedestrian street crossings, and lighting.
Implements
Policy
M-1.1, 1.2, 1.3,
1.4 Responsible
Department
Economic and Community Development Department, Public Works Department
City Council/RSA Agenda 799 Tuesday, April 11, 2023
74 Time Frame FY 19/20 through 20/21
Status The recently approved Station District Specific Plan provides details and guidance on streetscape design.
Program SA-2. A Issue RFPs for Station District Development. When appropriate, the City shall issue developer requests for proposals to implement General Plan objectives for the Core Station District.
Implements
Policy
SA-2.9
Responsible
Department
City Manager’s Office
Time Frame Ongoing.
Status In June 2021, the City issued a Notice of Availability (NOA), as required by the Surplus Lands Act, for sale of the Gateway site located within the Station District Specific Plan area. In December 2021, the City entered into an Exclusive Negotiating Agreement (ENA) with City Ventures for development of the site.
Program SA-3. A Evaluate Development of Restoration Site. The City shall evaluate the development potential of and constraints on the Restoration Site and identify steps for redevelopment and reuse of the property.
Implements
Policy
SA-3.1
Responsible
Department
City Council, City Manager’s Office, Economic and Community Development Department, Public Works Department
Time Frame FY 22/23
Status As part of the Draft 2023-2031 Housing Element update, Policy HE-1 was added to support the City's goal of developing the Restoration Site, which states “The City shall facilitate development of a mix of City Council/RSA Agenda 800 Tuesday, April 11, 2023
75 high-density residential and office uses on the City-owned Restoration Site by issuing a developer request for proposals and partnering with developers on site remediation to maximize development potential of the site. The timeline for that was identified as FY 25/26, taking into consideration other City priorities and the time needed to study the site to inform preparation of a Notice of Availability (NOA) pursuant to the Surplus Lands Act or Request for Proposals (RFP).
Program SA-3. B Issue RFPs for Station District Development. When appropriate, the City shall issue developer requests for proposals to implement General Plan objectives for the Restoration Site.
Implements
Policy
SA-3.1, 3.2, 3.3
Responsible
Department
City Manager’s Office
Time Frame Ongoing.
Status See discussion under SA-3. A.
Program SA-4. A Capital Improvements in the Station East Area. The City shall strive to provide capital improvements in the Station East area identified in the DIPSA Specific Plan, General Plan, and other planning documents.
Implements
Policy
SA-4.21, 4.22
Responsible
Department
City Council, Economic and Community Development Department, Public Works Department
Time Frame Ongoing
Status Work on the Capital Improvement Plan (CIP) is underway for the upcoming budget cycle.
City Council/RSA Agenda 801 Tuesday, April 11, 2023
76 Program SA-8. A Cooperate to Address Flood Control. The City shall cooperate with the Alameda County Flood Control and Water Conservation District on any infrastructure improvements to remove the Horner/Veasy Area from the flood plain.
Implements
Policy
SA-8.1
Responsible
Department
Public Works Department, Economic and Community Development Department
Time Frame Ongoing
Status The City works cooperatively with the Alameda County Flood Control and Water Conservation District on projects that impact their facilities.
Additionally, the City works with applicants on new development located in flood zones to ensure compliance with applicable requirements to minimize flood risk.
Program SA-8. B Ensure Compliance with Amortization. The City shall ensure compliance with the terms of the amortization to cease operation for the following properties that have nonconforming uses in conformance with the dates listed below:
• APN 482-0020-007 (Williams) - September 3, 2023
• APN 482-0027-007-19 (Goncalves) - September 3, 2023
• APN 482-0022-001-02, 482-0022-007, and 482-0022-009-01 (Bertelson) - September 3, 2023
• APNs 482-0020-008-02 and 482-0020-002-03 (Kirby) - January 28, 2024 Implements
Policy
SA-8.4
Responsible
Department
City Manager’s Office and Economic and Community Development Department
City Council/RSA Agenda 802 Tuesday, April 11, 2023
77 Time Frame 2023 and 2024
Status In Spring 2023, the Planning Division will begin outreach to impacted property owners reminding them that the Amortization agreements that they entered into 10 years ago will be expiring and they will need to cease activities related to truck parking and outdoor storage.
Program SA-10. A Evaluate Lighting Levels in the Decoto Neighborhood. The City shall conduct an evaluation of existing lighting levels in the Decoto Neighborhood and shall identify opportunities for enhanced lighting.
Implements
Policy
SA-10.6
Responsible
Department
Public Works Department
Time Frame FY 20/21
Status In FY 23/24, the City will be hiring a consultant to convert all 4,200 streetlights in the City to LED. As part of this effort, the consultant will evaluate areas deemed to have insufficient lighting including the Decoto neighborhood.
Program SA-11.A Update Old Alvarado Design Guidelines. The City shall review and update the Old Alvarado Design Guidelines to reflect the development that has occurred since the Guidelines were developed and to provide guidance for areas outside of the Smith Street commercial core including UCB between the Mark Green Sports Center and Bettencourt Way, the Horner Street corridor, and the residential neighborhoods located to the west of Union City Boulevard generally between Marsten Avenue and Cambridge Way, including the Diamond Mines site, and to the east of Union City Boulevard north of Smith Street between Vallejo Street and Watkins Street.
City Council/RSA Agenda 803 Tuesday, April 11, 2023
78 Implements
Policy
SA-11.1, 11.2, 11.3, 11.5
Responsible
Department
Economic and Community Development Department
Time Frame FY 21/22
Status As a precursor to updating the Old Alvardo Design Guidelines, the Planning Division and their consultant team are in the process of developing city-wide objective design standards for multi-family development. The Guidelines are being used as a basis for thedevelopment of the updated standards that will apply to the Historic Alvarado District.
Program SA-11. B Signage and Branding Program for Historic Alvarado District. City shall work with property owners and businesses in the Historic Alvarado District on developing and implementing a signage and branding program for the area.
Implements
Policy
SA-11.7
Responsible
Department
Economic and Community Development Department
Time Frame Ongoing
Status In 2022, the Public Works Department was moving forward with finalizing the agreement with a vendor to manufacture and install the approved Historic Alvarado wayfinding signage. Due to changes in State law and the City no longer able to enter into a “Design/Build” agreement with the vendor due to the cost of the work, the Public Works Department is required to rebid the project.
Program SA-11. C Review Permitted Uses in the Zoning Ordinance. The City shall review the Zoning Ordinance to determine if new types of City Council/RSA Agenda 804 Tuesday, April 11, 2023
79 commercial uses should be permitted to strengthen the Smith Street Commercial Core (e.g., wine bars, entertainment uses).
Implements
Policy
SA-11.8, 11.9
Responsible
Department
Economic and Community Development Department
Time Frame FY 19/20
Status For consistency with the General Plan, a new zoning district called “Village Mixed Use (VMU)” was developed and applied to the Historic Alvarado District. This work was done as part of the Housing Element Zoning updates (Ordinance 903-22). The VMU Zoning District was based on other mixed use zoning districts and added some additional commercial uses beyond what was previously allowed.
Program SA-12. A Union Landing Retail Analysis. The City shall prepare a retail analysis to evaluate the changing retail environment and develop strategies to address how Union Landing can adapt. The analysis should consider, among other topics:
• Union Landing’s position in the Interstate 880 corridor; • The changing retail environment for big-box-anchored tenants in centers such as Union Landing;
• Maintaining Union Landing as a sales tax generator and a regional destination;
• Adjusting the permitted and conditionally permitted uses and development standards to be competitive in the changing retail marketplace; and
• Strategies to target a supportive mix of tenants when working with 16 different property owners.
City Council/RSA Agenda 805 Tuesday, April 11, 2023
80 Implements
Policy
SA-12.1, 12.3, 12.7, 12.8, 12.9, 12.10
Responsible
Department
Economic and Community Development Department
Time Frame FY 19/20
Status The City hired Kosmont Companies to prepare a Retail Study for Union Landing to analyze local and subregional retail sector trends as well as the City’s existing zoning regulations to ensure that the center was well-positioned to address this transition. Kosmont staff also spoke with Union Landing property owners and managers to get their feedback. The study informed the amendments to the district’s zoning. Some notable trends referenced in the study include:
• Entertainment uses, fitness centers and open space have become new anchor tenants for large shopping centers.
• Service businesses such as restaurants / drinking places expanded most in 15 years and now surpassed retail establishments in U.S.
Union Landing has less than 5% of space devoted to service businesses and about 15% for restaurants.
• Consumers are more interested in seeking experiences during shopping trips.
The analysis was completed in summer 2021.
Program SA-12. B Update CUL Zoning Provisions. The City shall review and consider updating the standards, allowed uses, and sub-area designations in the Union Landing Commercial (CUL) Zoning District to reflect current conditions and changing markets.
Implements
Policy
SA-12.1, 12.4, 12.8, 12.9
Responsible
Department
Economic and Community Development Department
City Council/RSA Agenda 806 Tuesday, April 11, 2023
81 Time Frame FY 20/21
Status In summer 2021, the Union Landing Commercial (CUL) Zoning District was amended to support the Union Landing shopping center.
The amendments modified the list of permitted and conditionally permitted uses to provide more consistency within subareas, to better reflect current market trends, and to re-designate uses so they are permitted and do not require discretionary review. The amendments updated development type descriptions to provide experienceoriented uses and the addition of breweries and wineries with on-site tasting and food service measuring up to 5,000 sq. ft. were added as a permitted use. The update also included provisions related to trash and recycling facilities, property maintenance, and outdoor dining.
Program SA-12. C Guide for Intensification of Union Landing. The City shall work with property owners and tenants to prepare a plan to guide intensification efforts at Union Landing, including a plan for additional development, parking, urban design, plazas and gathering spaces, and pedestrian and automobile circulation improvements to ensure that Union Landing changes over time in order to remain competitive.
Implements
Policy
SA-12.1, 12.11, 12.13, 12.14
Responsible
Department
Economic and Community Development Department, Public Works Department
Time Frame FY 24/25
Status This work has not begun.
Program SA-12. D Union Landing Sign, Wayfinding, and Branding Program.
The City shall prepare a comprehensive sign, wayfinding, and branding program for Union Landing.
City Council/RSA Agenda 807 Tuesday, April 11, 2023
82 Implements
Policy
SA-12.16, 12.18
Responsible
Department
City Manager’s Office, Economic and Community Development Department, Public Works Department
Time Frame FY 19/20
Status Completed in summer 2021, City staff worked with the Union Landing Property Owner’s Association to re-landscape, repaint and update the Union Landing monument signs located along Dyer Street. This was a public/private partnership with shared costs from the Property Business Improvement District (PBID) and the City.
Program SA-13. A Rezone Calaveras Landing. The City shall rezone Calaveras Landing consistent with the Regional Retail Commercial land use designation.
Implements
Policy
SA-13.1, 13.4
Responsible
Department
Economic and Community Development Department
Time Frame FY 20/21
Status It is anticipated that the proposed rezone of Calaveras Landing will occur in FY 23/24.
Program SA-13. B Calaveras Landing Sign, Wayfinding, and Branding Program. The City shall prepare a comprehensive sign, wayfinding, and branding program for Calaveras Landing.
Implements
Policy
SA-13.3, 13.3
Responsible
Department
City Manager’s Office, Economic and Community Development Department, Public Works Department
City Council/RSA Agenda 808 Tuesday, April 11, 2023
83 Time Frame FY 20/21
Status Due to other Economic and Community Development Department priorities, it is anticipated that work on this program will begin in FY 24/25.
Program SA-13. C Calaveras Landing Retail Analysis. Building off the study conducted for Union Landing (see Program SA-12.A), the City shall prepare a retail analysis to evaluate the changing retail environment and develop strategies to address how Calaveras Landing can adapt.
The analysis should consider, among other topics:
• Calaveras Landing’s position in the Interstate 880 corridor; • The changing retail environment for big-box-anchored tenants; • Enhancing Calaveras Landing as a sales tax generator and a regional destination; and
• Adjusting the permitted and conditionally permitted uses and development standards to be competitive in the changing retail marketplace.
Implements
Policy
SA-13.1
Responsible
Department
Economic and Community Development Department
Time Frame FY 21/22
Status Due to other Economic and Community Development Department priorities, it is anticipated that work on this program will begin in FY 24/25.
Program SA-14. A Seek Grant Funding for Access Improvements at the Four Corners. The City shall continue to seek grant funding to address issues such as transit access, traffic circulation, and pedestrian access between the Four Corners shopping centers.
City Council/RSA Agenda 809 Tuesday, April 11, 2023
84 Implements
Policy
SA-14.1, 14.2
Responsible
Department
Economic and Community Development Department, Public Works Department
Time Frame Ongoing
Status The City is always seeking grant funding for public improvements including the development of bicycle, pedestrian, and transit facilities.
Program SA-14. B Four Corners Signage and Branding Program. The City shall develop a signage and branding program for the Four Corners shopping area.
Implements
Policy
SA-14.1
Responsible
Department
Economic and Community Development Department
Time Frame FY 22/23
Status Due to other Economic and Community Development Department priorities, it is anticipated that work on this program will begin in FY 24/25.
City Council/RSA Agenda 810 Tuesday, April 11, 2023
85 General Plan and Development Code Amendments
As described above, the City has made several substantive amendments to the General Plan since its adoption in December of 2019, and to the Zoning Ordinance for the same time period.
• Station District Specific Plan General Plan and Zoning Updates. This project included various General Plan and Zoning Ordinance/Map amendments. • General Plan Amendment (AG-22-002)
o Delete Station East Mixed Use Designation and add Station East Employment (SEE) and Station East Mixed Use Residential (SEMU-R) Designations. The Station East Subarea will now have two land use designations – Station East Employment (SEE) for the southern portion where employment will be focused – as well as the existing Station East Mixed Use Residential (SEMU-R) for the northern portion where residential is focused. This is consistent with the provisions currently listed in the 2040 General Plan for this area.
o Add Marketplace Mixed Use (MMU) Designation. A new land use designation called Marketplace Mixed Use (MMU) was applied to the Marketplace subarea instead of the current Commercial (C) land use designation. The 2040 General Plan added this area to the Station District boundary but maintained the current land use designation. The Specific Plan proposed a new General Plan designation, MMU, for this subarea, which necessitated the proposed General Plan amendment. o Miscellaneous updates to update terminology and other minor clean-up items.
• Zoning Text Amendments (AT-22-005)
o Chapter 18.38 Station Mixed Use Commercial (CSMU). Updates include adjustment to Floor Area Ratio (FAR) maximum from 4.0 to 4.2 and inclusion of specific automobile and bicycle parking standards on BART property for compliance with AB 2923, which includes specific development standards for BART properties that local jurisdictions must implement. The updates to this chapter also include an increase in minimum density from 65 du/ac to 100 du/ac, which reflects the City Council/RSA Agenda 811 Tuesday, April 11, 2023
86 densities of the recently constructed developments. Amendments are also proposed to reflect updated performance standards similar to what was added to other Station District zoning districts. o New Marketplace Mixed Use (MMU) Zoning District. A new zoning district called Marketplace Mixed Use was created for consistency with the General Plan and Specific Plan to align with the new General Plan designation with the same name.
• Zoning Map Amendments (A-22-001)
o Miscellaneous Station East Zoning Map Amendments. Zoning Map updates were approved to 1) change the zoning in the employmentfocused portion of Station East from Research Development Campus (RDC) to Station East Employment (SEE), 2) change the zoning of two parcels along 7th Street from RDC to Station East Mixed UseResidential (SEMU-R) for consistency with the 2040 General Plan, and 3) change the zoning for the PG&E corporation yard (located along Decoto Road between Cheeves Way and 7th Street) from RDC to Civic Facility (CF) for consistency with the site’s General Plan designation. o Marketplace Mixed Use Zoning Map Updates. Zoning Map updates were approved to update the zoning for parcels in the Marketplace subarea from Community Commercial (CC) to the newly created Marketplace Mixed Use (MMU)
o Gateway Area Zoning Map Update. Two parcels east of AlvaradoNiles Road in the Gateway subarea were updated from Neighborhood Commercial (CN) to Corridor Mixed Use Commercial (CMU) to accommodate future residential or mixed use residential development.
o Restoration Site Zoning Map Update. The zoning of the Restoration Site was updated from “Research and Development Campus” (RDC) to Station District Mixed Use (CSMU) for consistency with the site’s General Plan designation. This change is a result of the Restoration Site being added to the Core subarea.
• Union Landing Commercial (CUL) District Updates. The City amended Chapter
18.39, Union Landing Commercial (CUL) District (AT-21-002), to comprehensively update the list of permitted and conditionally permitted uses, related updates to City Council/RSA Agenda 812 Tuesday, April 11, 2023
87 development type descriptions, and updates to provisions related to trash and recycling facilities, property maintenance and outdoor dining. Section 18.52.060, Addition of Uses, was also updated for consistency.
• Single-Family Residential Zoning Updates. The City updated the Zoning Ordinance regulations and procedures to facilitate infill development in 2022. On September 27, 2022, the City Council adopted Ordinance No. 900-22 to add objective design standards for single-family residential development and regulations to comply with new legislation, including Senate Bill 9. • 2023-2031 Housing Element Update. Multiple sites were rezoned as part of the 6th Cycle Housing Element update to ensure the City would meets its Regional Housing Needs Assessment (RHNA) and for consistency with the 2040 General Plan. For more information on specific sites, see Draft Housing Element.
As part of the Housing Element update process, two new mixed-use zoning districts were also created; the Mixed Use Marketplace (MMU), which was applied to the commercial area located in the vicinity of Alvarado-Niles Road and Decoto Road and the Village Mixed Use (VMU), which was applied to the Historic Alvarado District.
• Station East Residential Mixed-Use Project. The project approvals allow for up to 974 multi-family units and approximately 30,000 sq. ft. of ground floor commercial uses. The project also includes development of new public parks and new streets/infrastructure to support the new development. Project approvals included: a Specific Plan Amendment to the Decoto Industrial Park Study Area (DIPSA) Specific Plan (SP-20-001); a General Plan Amendment, AG-20-001, Associated with the Station East Residential Mixed Use Project; a Zoning Text Amendment to create a new Station East Mixed Use Residential (SEMU-R) Zoning District Chapter (AT-20-002); and a Zoning Map Amendment to rezone the 26.5- acre property from Research and Development Campus (RDC) to Station East Mixed Use Residential (SEMU-R) (A-20-001).
• Lazuli Landing Project. The Lazuli Landing project includes 81 affordable apartments, and 6,319 sq. ft. ground floor office uses. The project required a Zoning Text Amendment (AT-19-003) to create the Corridor Mixed Use Commercial (CMU) zoning district for consistency with the General Plan and a related Zoning Map Amendment (A-19-002) to rezone the property from CC City Council/RSA Agenda 813 Tuesday, April 11, 2023
88 (Community Commercial) and PI (Private Institutional) to CMU (Commercial Mixed Use).
City Council/RSA Agenda 814 Tuesday, April 11, 2023
89 Consultation with California Native American Tribes
When amending the General Plan or adopting a specific plan, the City complies with Chapter 905 of the Statutes of 2004. See below for a detailed overview of compliance.
Station District Specific Plan
The Station District Specific Plan was adopted in October 2022. To determine sensitivity for Native American resources within the Planning Area, consultation with Native American Heritage Commission (NAHC) and local Native American groups was conducted. NAHC provided feedback that a search of the Sacred Lands File identified sacred lands in the vicinity of the Planning Area and two previously recorded prehistoric archaeological sites within 0.25 mile of the Planning Area. The response from NAHC also included a list of individuals and tribal representatives who might have an interest in the Specific Plan. These individuals and tribal representatives were sent formal notification under SB 18 (Chapter 905 of the Statutes of 2004) and AB 52. No responses were received from any of the individuals and tribal representatives and no Native American tribes shared knowledge of tribal cultural resources.
Station East Residential/ Mixed Use Project
The Station East Residential/ Mixed Use Project was approved in June 2021. To determine sensitivity for Native American resources within the Planning Area, consultation with Native American Heritage Commission (NAHC) and local Native American groups was conducted. NAHC provided feedback that a search of the SLF failed to indicate the presence of Native American cultural resources on the project site. The NAHC provided a list of six individuals and tribal representatives who may have knowledge of the resources in the area. These individuals and tribal representatives were sent formal notification under SB 18 (Chapter 905 of the Statutes of 2004) and AB 52.
The City received feedback from three of the representatives requesting additional information regarding the archaeological survey, the need for the excavation crew to receive sensitivity training, and that an archaeologist be present on-site during excavation. The City’s environmental consultant followed up via written letter and phone addressing the concerns regarding project construction, confirming that preconstruction cultural resources sensitivity training would be included as a mitigation measure, and confirming that additional mitigation measures would ensure any inadvertent discoveries are protected. To date, no other responses have been received.
City Council/RSA Agenda 815 Tuesday, April 11, 2023
90 Applicable General Plan Policies
The Resource Conservation Element of the 2040 General Plan lists policies for ensuring the identification and protection of significant archaeological resources, pursuant to Policies RC-4.5 and RC-4.7.
City Council/RSA Agenda 816 Tuesday, April 11, 2023
General Plan APR Summary Table
Identifier Program Implements
Policy
Responsible
Department/ Division Time Frame Status
ED - 1. A
Economic Development Strategic Plan
The City shall review and update the Economic Development Strategic Plan every five years or as market conditions change.
The Plan shall identify short- and mid-term goals and strategies to diversify and expand Union City’s economy. The Economic Development Strategic Plan shall be the City’s primary tool for implementing economic development-related policies of the General Plan.
EDSP: All
Policies
Economic and
Community
Development
Department,
Economic
Development
Advisory Team
(EDAT)
FY 19/20 and
every
five years or
as
market
conditions
change
An update to the Economic Development Strategic Plan will begin in Spring 2023.
ED - 1. B
Industrial Land Conversion Decision Matrix
The City shall develop a decision matrix to evaluate any proposed rezoning of industrial or commercial lands to alternate uses. The matrix shall include scoring criteria to help decision makers evaluate the potential impacts of the proposed conversion.
ED-1.3, 1.4
Economic and
Community
Development
Department,
Economic
Development
Advisory Team
(EDAT)
FY 20/21 A formal decision matrix has not been completed.
ED - 2. A
Targeted Business Attraction Strategy
The City shall review and update the list of targeted industries at least every five years, based on market research and analysis, and develop marketing strategies that target investors and businesses with a focus in the targeted industries.
ED-2.1, 2.2
City Manager’s
Office,
Economic and
Community
Development
Department,
Economic
Development
Advisory Team
(EDAT)
Ongoing
In 2022, the City was part of local and regional efforts, including work by the East Bay Economic Development Alliance, to understand business sectors and industry growth in combination with an evaluation of an assessment of current real estate inventories. Labor supply to support growth in specific industries was also considered.
ED - 2. B
Website and Marketing Materials
The City shall actively maintain and improve the City’s Economic Development webpages and marketing materials to provide investors and businesses with information needed to encourage them to locate in Union City.
ED-2.1, 2.2,
2.4,
2.8, 7.6
City Manager’s
Office,
Economic and
Community
Development
Department
Ongoing
Economic Development staff periodically reviews the City’s website to ensure information is accurate. It is anticipated when the new Economic Development Specialist position is brought on-board that staff will do a comprehensive update.
ECONOMIC DEVELOPMENT
ATTACHMENT 2
City Council/RSA Agenda 817 Tuesday, April 11, 2023
General Plan APR Summary Table
ED - 2. C
Commercial/Industrial Sector and Real Estate Indicators Program
The City shall develop and maintain a commercial/industrial sector database by industry type, and match business prospects with real estate vacancies or key development opportunities.
ED-2.8
City Manager’s
Office,
Economic and
Community
Development
Department,
Administrative
Services
Department
(Management
Information
Systems)
Ongoing
The City’s HDLPrime business license database system maintains commercial/industrial information including SIC Codes and/or NAICS Codes that identify industry types, which is used by several City departments, including ECD.
ED - 4. A
High-Speed Internet Program
The City shall strive to implement Wi-Fi and/or access to high speed internet with other city facilites.
ED-4.1
Economic and
Community
Development
Department,
Public Works
Department
Ongoing
(implementati
on
underway in
Station
District)
Implementation of high-speed internet is currently underway in the Station District.
To implement Wi-Fi and high-speed internet at employment centers, the city has contracted Advanced Mobility Group (AMG). AMG offers transportation engineering services for planning and implementation of advanced transportation technologies. AMG is performing a study of available city conduit connecting intersections throughout the City. The conduits can be used to lay city fiber for high-speed connectivity. Completion of the draft study is anticipated by April 2023.
ED - 5. A
Warehouse Transformation Strategy
The City shall develop strategies to support the conversion of warehouse uses to flex space for manufacturing and research and development, Class A office space, and generally a more diverse mix of commercial and industrial uses.
ED-1.1, 2.7,
5.1,
5.2, 5.3
City Manager’s
Office,
Economic and
Community
Development
Department,
Economic
Development
Advisory Team
(EDAT)
FY 20/21
With input from the Economic Development Advisory Team and City Council, City staff has explored strategies to limit and/or reduce the impacts of warehouse uses. Such strategies include business license fee updates, updates to the Zoning Ordinance to include standards for flex building, and inventory analysis to understand the value of building types to support the needs of businesses. New performance and design standards for flex-industrial uses will be reviewed by the Planning Commission and City Council in Spring 2023.
City Council/RSA Agenda 818 Tuesday, April 11, 2023
General Plan APR Summary Table
ED - 6. A
Retail Performance Monitoring
The City shall periodically evaluate the performance of the city’s shopping centers. The City shall support property owners and brokers leasing efforts by matching business prospects with real estate vacancies or development opportunities. The City shall conduct outreach efforts with owners and brokers of
underperforming retail centers to discuss options for rehabilitation, modernization, or intensification of the centers; possible changes in retail mix; or conversion to non-retail uses.
ED-6.3, 6.4,
6.6,
6.7 City Manager’s
Office,
Economic and
Community
Development
Department
Monitor sales
tax
performance
on a
quarterly
basis
Sales tax and vacancy data is monitored on a quarterly basis, which assists staff in evaluating the performance of the City’s shopping centers. A recent focus has been on the City's regional shopping center, Union Landing, with in-depth analyses of trade area data. A study was prepared, which formed the basis of a comprehensive update to the Union Landing zoning regulations. The zoning amendments were also informed by feedback from stakeholders, including Union Landing property owners and brokers. The amendments were adopted in summer 2021 (Ordinance No. 887-21).
ED - 7. A
Business Outreach Program
The City shall continue to reach out to Union City businesses to learn about new industries and technologies, discuss specific needs of local businesses, identify business expansion
opportunities, and determine if City policies and regulations are reflective of changing and emerging business needs.
ED-7.1
City Manager’s
Office,
Economic and
Community
Development
Department
Ongoing
The Covid-19 pandemic response required focus on business recovery strategies, outreach, and information sharing. Staff continues to serve as a business concierge as businesses consider expansion to fully utilize space currently vacant or underutilized. Businesses are challenged by low vacancy rates in the city and the region along with labor shortages.
ED - 9. A
Green Business Support
The City shall encourage participation in the Alameda County Green Business Program by including program information in business license applications, hosting outreach events, and coordinating with the Chamber of Commerce. The City shall recognize green businesses in the community through actions such as listing green businesses on the City website, hosting recognition ceremonies for businesses that achieve certified green business status, and providing award certificates.
ED-9.1, 9.2
Economic and
Community
Development
Department
Ongoing
Union City continues as an active participant in the Alameda County Green Business Program. As of July 1, 2022, there are eight businesses in the city with Green Business certification. The businesses are listed at https://greenbusinessca.org/AlamedaCounty. The Union City webpage for the program is: https://www.unioncity.org/331/Green-Business-Program.
City Council/RSA Agenda 819 Tuesday, April 11, 2023
General Plan APR Summary Table
HQL-1.A
Amend Zoning Ordinance for Health Foods The City shall
review and amend its Zoning Ordinance, as appropriate, to increase opportunities for healthy foods, including healthy food retail outlets, community gardens, farmers markets, backyard gardens. The City shall also consider adopting limitations on fast food outlets near schools.
HQL-1.1, 1.2
Economic and
Community
Development
Department
Community gardens are permitted by right in the Civic Facilities (CF) zoning district. Through Ordinance 903-22, adopted November 2022, the City added farmer's markets as a conditional use in the new Marketplace Mixed Use, and Village Mixed Use zoning districts. Farmers' markets are also conditionally permitted in the Station Mixed Use Commercial and Neighborhood Commercial zoning districts.
HQL-2.A
Parks and Recreation Master Plan
The City shall periodically update the Parks and Recreation Master Plan to address a variety of issues related to the City’s parks and recreational facilities, including but not limited to:
• An inventory of potential sites for future parks or recreational opportunities, which includes a high-level feasibility assessment that takes into consideration a variety of factors including, but not limited to, configuration, location, access, current use, availability, and ownership. The assessment shall also provide feedback on the types of parks or recreational facilities most appropriate for the site. The inventory of potential sites shall include, but is not limited to, the Turk Island landfill site, lands owned by Masonic Homes located east of Mission Boulevard, a portion of the Gateway Site identified in the Land Use Element for new residential housing and a park, and open space lands west of Union City Boulevard.
HQL-2.1,
2.4, 2.7,
2.8, 2.13
Community and
Recreation
Services,
Economic and
Community
Development
Department, Public
Works Department
FY 20/21,
and
periodically
thereafter,
dependent
upon budget
availability
As a precursor to updating the Parks and Recreation Master Plan, the City has identified parks in need of renovation on a case by case basis as funding becomes available. As part of the analysis, Old Alvarado/Cesar Chavez Parks was identified as a priority for various improvements. That project is currently underway. In addition, new parks are identified through the City’s Development Review process when new development is proposed. There is no identified start date for the Park and Recreation Master Plan update.
HQL-2.B
Update Park Facilities Fee
The City shall update the Park Facilities Fee to better reflect current costs and needs. Any future nexus study conducted to justify a revised park impact fee should also consider the feasibility of expanding it to apply to commercial and industrial development.
Adoption of a nonresidential fee should be contingent upon a market study indicating the amount of the fee that would be feasible without affecting the City’s economic development goals.
HQL-2.3, 2.4
Finance
Department,
Community and
Recreation
Services,
Economic and
Community
Development
Department
FY 20/21 An impact fee study is underway for to update all City development impact fees, including the Park Facilities Fee.
HEALTH AND QUALITY OF LIFE
City Council/RSA Agenda 820 Tuesday, April 11, 2023
General Plan APR Summary Table
HQL-2.C
Joint Use Agreements with NHUSD
The City shall work collaboratively to update joint use agreements with the New Haven Unified School District to maximize public access to school recreational facilities and grounds during nonschool hours. The City shall emphasize agreements that: (a) provide access to facilities which are currently lacking in existing City parks; and (b) benefit areas that currently lack neighborhood or community parks.
HQL-2.9
Community and
Recreation
Services,
Economic and
Community
Development
Department
Ongoing
On December 6, 2022, the City Council (Resolution No. 6048-22) approved a land exchange agreement, a master joint use agreement and joint use agreements for Pioneer Park, Shorty Garcia Park, James Logan Tennis Center, Dan Oden Swim Complex with New Haven Unified School District.
HQL-2.D
Landscape and Lighting District Parcel Tax
Evaluate updating the Landscape and Lighting District parcel tax, and focus on park maintenance.
HQL-2.12 Public Works
Department FY 22-23 Updates to the Landscape and Lighting District (LLAD) Parcel Tax require voter approval. To date, there has not been support to update this tax.
HQL-3.A
Community and Recreation Services Activity Guide
The City shall prepare and distribute an Activity Guide of Community and Recreation Services.
HQL-3.6
Community and
Recreation
Services,
Economic and
Community
Development
Department,
City Manager’s
Office
Three times
per
year
The Community and Recreation Services regularly updates events and activity schedules on its website and sends out an Activity Guide three times per year.
The Winter/Spring 2023 Activity Guide was released in November/December 2022.
HQL-4.A
Maintain List of Social and Community Services
The City shall periodically update the City’s website to maintain a current list of local social and community services.
HQL-4.1,
4.2, 4.3, 4.4,
4.5, 4.6
Community and
Recreation
Services,
Economic and
Community
Development
Department,
City Manager’s
Office
Ongoing Refer to HQL-3. A.
HQL-4.B
Public Service Grants
The City shall continually apply for grant funding and distribute these funds on a bi-annual basis as part of the City’s budgeting process.
HQL-4.9
Economic and
Community
Development
Department,
City Council
FY 19/20,
and biennial
thereafter
The City allocates the maximum 20 percent of its federal Community Development Block Grant funding to public service providers. The City has a bi-annual Public Service grant application process, to coincide with the City’s bi-annual budget.
This application process will open in March 2022.
HQL-4.C
Public Service Needs Assessment and Funding Strategy
The City shall periodically update the Public Services Needs Assessment and Funding Strategy Report to establish funding priorities for the Public Service Grants Program.
HQL-4.9
Economic and
Community
Development
Department,
City Council
FY 20/21,
and every
five years
thereafter
An update to the Needs Assessment is currently underway. It is anticipated that the assessment will be brought to the City Council in Spring 2023 for review.
City Council/RSA Agenda 821 Tuesday, April 11, 2023
General Plan APR Summary Table
HQL-6. A
Guide to Senior Services
The City shall prepare and distribute a Union City Resource Guide for Seniors.
HQL-6.1,
6.2, 6.6
Community and
Recreation
Services
FY 20/21 and
annually
thereafter
Ralph and Mary Ruggieri Senior Center. Our Senior drive-thru lunch program is continuing to operate on the weekdays. The City monitors all guidelines when updating the page with more information. Services include lunches at a senior rate, fitness, English as a Second Language, and other helpful classes.
The Senior Drive-thru Lunch Program also operates on weekdays.
LU-1.A
Update Infill Regulations in Municipal Code
The City shall evaluate and update, as appropriate, the Municipal Code regulations and procedures for infill development to ensure compatibility with the City’s infill development goals, as articulated in the General Plan.
LU-1.1, 1.2,
1.3, 1.6
Economic and
Community
Development
Department
FY 20/21
The City updated the Zoning Ordinance regulations and procedures to facilitate infill development in 2022. Specifically, Ordinance No. 900-22, adopted by the City Council on September 27, 2022, amended single-family residential zoning, including the addition of objective design standards, and regulations to comply with new legislation, including Senate Bill 9.
LU-3.A
Update Mixed Use Regulations in Municipal Code
The City shall evaluate and update, as appropriate, the Municipal Code regulations and procedures to ensure compatibility with the City’s mixed-use development goals, as contained in the General Plan.
LU-3.1, 3.2,
3.3 Economic and
Community
Development
Department
FY 21/22 See discussion above in LU-1. A.
LU-5.A
Update Residential Impact Fees
The City shall review and update its residential impact fees to ensure that they adequately address the costs to the City of providing services now and in the future.
LU-5.8
Economic and
Community
Development
Department,
Administrative
Services
Department
FY 20/21 An impact fee study is underway for an update to all City development impact fees, including fees for residential development.
LU-6.A
Maintenance Standards for Shopping Districts
The City shall develop maintenance standards for its shopping districts to improve their appearance.
LU-6.2
Economic and
Community
Development
Department,
Public Works
Department
FY 21/22
Maintenance standards for commercial uses have been included in the zoning updates referenced above and completed in 2022. In addition, new development projects are approved with required conditions for maintenance.
LAND USE
City Council/RSA Agenda 822 Tuesday, April 11, 2023
General Plan APR Summary Table
LU-6.B
Update Zoning Ordinance to Encourage Intensification in Commercial Zones
The City shall review the Zoning Ordinance to ensure that standards for commercial zones encourage higher-intensity, infill development, and experience-oriented uses within shopping districts.
LU-6.1, 6.3,
6.4, 6.5, 6.7
Economic and
Community
Development
Department
FY 20/21
In summer 2021, the Union Landing Commercial (CUL) Zoning District was amended under Ordinance No. 887-21 in support of the Union Landing shopping center. The amendments modified the list of permitted and conditionally permitted uses to provide more consistency within subareas, to better reflect current market trends, and to re-designate uses so they are permitted and don’t require discretionary review. The amendments updated development type descriptions to provide experience-oriented uses and breweries and wineries with on-site tasting and food service were added as a permitted use. The update included provisions related to trash and recycling facilities, property maintenance, and outdoor dining.
Further, The City evaluated and updated the Municipal Code regulations for mixed use development. In November 2022, City Council approved zoning amendments consistent with the Station District Specific Plan (Ordinance No. 903-22).
LU-7.A
Reviewing Zoning Ordinance to Respond to Market Trends
The City shall review and update the Zoning Ordinance
periodically to facilitate the conversion of the City’s business and industrial parks to more job-intensive uses. The City shall regularly review the Zoning Ordinance thereafter to respond to real estate market and development trends, as well as changes in technology, including a review of the lists of permitted and conditionally permitted uses in industrial areas to ensure that desired and potentially compatible uses are not excluded.
LU-7.2, 7.3
Economic and
Community
Development
Department,
Planning
Commission
FY 21/22;
and
ongoing
thereafter
In November 2022 (Ordinance No. 903-22), the City Council added a new Zoning District called Station East Employment (SEE) to replace the former Research and Development Campus (RDC) zoning for the employment area located in Station East. The SEE zoning allows for high density employment, office, lab, research and development, light manufacturing, and commercial services to create an urban campus in a walkable, transit-oriented setting.
CD-1.A
Amending Zoning Ordinance to Include Design Criteria for Shopping Centers
The City shall amend the Zoning Ordinance to include design criteria and maintenance standards for new and substantially renovated shopping centers.
CD-1.2, 1.3,
1.4 Economic and
Community
Development
Department
FY 20/21
Maintenance standards for commercial uses have been included in the zoning updates referenced above and completed in 2022. In addition, new development projects are approved with required conditions for maintenance.
COMMUNITY DESIGN
City Council/RSA Agenda 823 Tuesday, April 11, 2023
General Plan APR Summary Table
CD-1.B
Update Zoning Ordinance to Ensure Compatible Single
Family Infill Development
The City shall review and update the Zoning Ordinance to incorporate appropriate regulations to ensure the scale, massing, and design of new homes and additions to existing homes in single-family residential neighborhoods is compatible with surrounding single-family development.
CD-1.14
Economic and
Community
Development
Department
FY 19/20
Senate Bill (SB) 9, approved in 2021, requires a local agency to ministerially approve applications for 2 residential units within a single-family residential zone and applications for an urban lot split, with the goal of allowing for more intense residential development in single family residential districts. The City Council approved amendments adding regulations to implement SB 9 concurrently with other residential code updates (Ordinance No. 900-22). These amendments will assist the City in meetings its residential development goals of the 2023-2031 Housing Element and the City’s Regional Housing Needs Allocation (RHNA).
CD-3.A
Prepare Streetscape Master Plans for Major Corridors
The City shall prepare streetscape master plans for the major arterial corridors that have not yet had plans prepared, such as Alvarado-Niles Road, Decoto Road, Union City Boulevard, and Whipple Road. Streetscape master plans that have already been prepared shall be updated as appropriate.
CD-3.1 Public Works
Department
As funding
becomes
available
As part of the Station District Specific Plan update, standards related to streetscape design were developed for a portion of Decoto Road. Work on other arterials is underway.
CD-3.B
Masonry Wall Master Plan
The City shall prepare a master plan to identify the replacement of wooden residential fences on major arterials with well-designed masonry walls, and develop a program to identify methods of funding the replacements.
CD-3.6
Public Works
Department,
Economic and
Community
Development
Department,
City Manager’s
Office
As funding
becomes
available
As part of the Development Review process, the City works with property owners to replace wooden residential fences on major arterials on a project-by-project basis.
CD-4.A
Gateway Sign Program
The City shall create a consistent wayfinding sign program for gateway signs along major corridors to help distinguish Union City from Fremont and Hayward.
CD-4.2 Public Works
Department FY 22/23 This project has not started.
City Council/RSA Agenda 824 Tuesday, April 11, 2023
General Plan APR Summary Table
CD-6.A
Public Art Master Plan
The City shall work through the Arts & Culture Commission to prepare a citywide Public Art Master Plan that identifies opportunities for public art throughout Union City.
CD-6.1
Economic and
Community
Development
Department
FY 23/24
Pursuant to Union City Municipal Code, Chapter 12.40, The Art in Public Places Program, promotes the visual arts in Union City by requiring the inclusion of a public artwork component in new development projects. The chapter requires certain City-sponsored and private developments to install publicly accessible works of art or pay an equivalent in-lieu fee into the Public Art Fund. Final public art designs are reviewed by the Union City Arts and Culture Commission. A citywide Public Art Master Plan has not been developed.
CD-6.B
Mural Program
The City shall implement a mural program, in which the City contracts with local artists to paint murals on utility boxes, buildings, and structures throughout the city.
CD-6.2
Economic and
Community
Development
Department
ongoing
The City has an active Utility Box Mural Program and is always accepting proposals. To date, there have been four utility boxes painted all located along a major arterial.
CD-6.C
Public Art Inventory
The City shall conduct and maintain an inventory of existing public art throughout the city and make the inventory available online.
CD-6.4
Economic and
Community
Development
Department
FY 21/22 This effort has not started.
M-1.A
Complete Street Design Standards
The City shall review and update its Standard Specifications and Design Criteria for streets to include complete streets standards as well as green street standards, with an overall goal of making the transportation system that is less auto-centric. Standards should accommodate multiple transportation modes within rightsof-way and achieve mutually supportive land use, transportation, and urban design objectives.
M-1.1, 1.2,
1.3, 1.4
Public Works
Department FY 23/24
The City is reviewing its current Standard Specifications and Design Criteria for streets and may need to update these to ensure they are consistent with the City’s Complete Streets policy. The current policy was adopted in 2012 to align with best practices in active transportation planning and engineering. The Alameda County Transportation Commission's (Alameda CTC) 2014 Transportation Expenditure Plan (TEP) identified funding for major transportation projects within Union City, which includes Quarry Lakes Parkway and Decoto Complete Streets, and this will fund the updated Complete Streets Design Standards.
M-1.B
Evaluate Performance of Transportation Network for All
Users
The City shall perform periodic evaluations of how well the streets and transportation network of the City are serving each category of users by collecting baseline data and collecting follow-up data on a regular basis.
M-1.1, 1.4,
1.6 Public Works
Department
FY 21/22,
and at
least every
five years
thereafter
The City evaluates its transportation network on a periodic basis to assess how well it is meeting the needs of all users of the network, including vehicles, bicyclists, and pedestrians. For example, the City conducts citywide traffic speed and traffic volume surveys for all City streets on a rotating basis to ensure the baseline information is up to date, adjusts posted speed limits, and implements needed projects, as informed by such field surveys. The Public Works Department is currently conducting a traffic survey of areas throughout the City. In addition, City uses its Bicycle and Pedestrian Master Plan to implement projects to close any connectivity gaps and make safety improvements for bicycle and pedestrian modes of transportation.
MOBILITY
City Council/RSA Agenda 825 Tuesday, April 11, 2023
General Plan APR Summary Table
M-1.C
Vision Zero Action Plan
The City shall prepare and adopt a Vision Zero Action Plan that uses historic crash data to pinpoint the factors contributing to traffic deaths and serious injuries and identifies safety countermeasures to address those factors.
M-1.10 Public Works
Department FY 22/23
City Council adopted a resolution on April 26, 2022 (Resolution No. 5923-22), accepting Grants from the California Department of Transportation for the preparation of the Local Roadway Safety Plan (LRSP), City Project No. 21-25.
Public outreach meetings with stakeholders and the community were held in 2022 for the LRSP. Program objectives include enhancing safety for all users of the City’s roadway system, for example, reducing incidents and the severity of incidents, identifying high need areas, etc. An existing conditions assessment was also conducted. The information obtained from the LRSP program will inform the development of a Vision Zero Action Plan. LRSP is anticipated to be in place in 2023.
M-2.A
Bicycle & Pedestrian Master Plan Update
The City shall review and update the Pedestrian and Bicycle Master Plan every 5 -10 years. The Plan shall identify a cohesive bikeway and pedestrian network and maintain a list of priority bicycle and pedestrian improvement projects. The Plan update shall include an analysis to determine existing challenges, opportunities, and priority investments.
M-2.1, 2.3
Public Works
Department,
Economic and
Community
Development
Department
FY 19/20,
and every
5-10 years
thereafter
The updated Bicycle & Pedestrian Master Plan (Plan) was adopted by the City Council on November 23, 2021 (Resolution No. 5859-21). The Plan updates the existing Master Plan (approved in 2011) and provides a framework for a bicycle and pedestrian network for all ages and abilities. The Plan provides a funding strategy for implementing projects, so the City can quickly move from Plan adoption to implementation.
M-2.B
ADA Transition Plan-related Improvements
The City shall examine sidewalk conditions and pedestrian crossings and prioritize locations for implementing and maintaining pedestrian friendly improvements, including replacement of damaged or uplifted sidewalks that present tripping hazard to pedestrians, crosswalk striping, pedestrian actuation, pedestrian countdown signals, signal re timing, audible pedestrian signals, and ADA improvements (e.g., curb ramps, sidewalk gaps, and sidewalk obstructions).
M-2.9 Public Works
Department
FY 22/23,
and every
5 years
thereafter
The City's consultant started evaluating the streets and transportation network for all users in early 2022. See M-1. C.
City Council/RSA Agenda 826 Tuesday, April 11, 2023
General Plan APR Summary Table
M-2.C
Outreach Materials on Biking and Walking
The City shall develop outreach materials, such as route maps for new bicycle and pedestrian facilities to encourage their use, as well as bicycle and pedestrian safety information for bicyclists, pedestrian, and drivers. The City shall develop these materials in multiple languages, and distribute via the City’s website, printed materials, and through other media.
M-2.14 Public Works
Department Ongoing
The updated Bicycle & Pedestrian Master Plan was adopted by the City Council November 23, 2021 (Ordinance No. 5859-21). Approved bicycle and pedestrian network maps are being disseminated through a variety of measures and were utilized in the development of the Station District Specific Plan.
M-3.A
Short-Range Transit Plan
The City shall continue to prepare and implement the Union City Transit Short-Range Transit Plan to plan for transit system and route adjustments, capital improvements, equipment (i.e., buses), administrative and operational changes, maintenance and other recommendations presented in the Short-Range Transit Plan to the extent feasible to provide better and more efficient transit service.
M-3.15 Union City Transit
FY 19/20,
and update
as required
by MTC
MTC adopted Resolution 4512-22 on March 31, 2022, to streamline a condensed version of the Short-Range Transit Plan (SRTP) that is consistent amongst all 27 Bay Area public transit operators under the Metropolitan Transportation Commission (MTC). As a result, the deadline for a draft to MTC was September 30, 2022, with a fully adopted final version by spring, 2023. This process has been delayed due to insufficient funding by MTC to provide service based on current costs. Staff is working on the SRTP for presentation and approval in February 2023.
M-3.B
Bus Service to Connect Employment Centers to Intermodal Station Union City Transit shall review the need for route modifications, based on demand, to connect employment centers with the Intermodal Station.
M-3.3, 3.4,
3.16 Public Works
Department,
Union City Transit,
Economic
and Community
Development
Department
Ongoing
Currently there is a pilot micro transit service called the FLEA (Flexible, Local, Easy, Access). The Flea provides service to the Central Bay Industrial Park, which accommodates many businesses. The service area will be expanded on April 1, 2023, to cover the Decoto Neighborhood to Mission Boulevard and Decoto Road and the City limits along Tamarack Drive between Mission Boulevard and Ithaca Street, and the neighborhood between the Marketplace commercial area and Decoto, areas that could not be served under the pilot program while retaining the same service hours. Expanded service will continue until BART service changes in August/September 2023. The continuation of FLEA in the long term will depend on finding new funding sources based on limited funds provided in the ShortRange Transit Plan (SRTP).
City Council/RSA Agenda 827 Tuesday, April 11, 2023
General Plan APR Summary Table
M-3.C
Convert Bus Fleet
The City shall convert the bus fleet to a zero-emission fleet as vehicle replacement funds become available through MTC and the Federal Transit Administration (FTA).
M-3.21
Public Works
Department,
Union City Transit
FY 20/21, FY
22/23, FY
24/25, and
ongoing
The City is advancing toward implementation of the program to convert public transit to zero-emission. Two FTA discretionary grants were submitted on May 31, 2022 and Union City Transit was awarded $9,342,346 to buy zero-emission battery electric buses and charging equipment to replace older buses that have reached their useful life. The project will improve air quality, safety and the reliability of transit for residents living in Union City.
Buses currently take between 15-20 months to be delivered from the date the order is finalized. Replacement buses for the fleet are expected to arrive in 2024 through 2026 with infrastructure installed in 2024 to support the existing demand response fleet. “Demand response” refers to any non-fixed route system of transporting individuals that requires advanced scheduling by the customer, including services provided by public entities, nonprofits, and private providers.
M-4.A
Identify Transportation Projects in the CIP Update
The City shall identify infrastructure projects every two years as part of the Capital Investment Plan (CIP) to provide for the roadway facility improvements necessary to implement the Circulation Diagram and roadway improvements called for in the General Plan.
M-4.2, 4.7,
4.13, 4.14,
4.15, 4.16,
4.17 Public Works
Department
FY 19/20 and
every two
years
thereafter
The City has identified several infrastructure projects in the Capital Improvement Plan for Fiscal Years 2022-2026. For example, the City entered into a cooperative agreement with AC Transit for the AC Transit Dumbarton Express Corridor Improvements Project, which is currently under construction and is estimated to be complete by March 31, 2023. This traffic signal priority (TSP) project will consist of installing pre-emption devices on existing traffic signals that would give priority to AC Transit vehicles. Union City Transit is already operating under a similar system. In the next two years. two major roadway projects that will begin are the Decoto Road Street Rehab Project and the Union City Boulevard Bike Lanes Project.
M-4.B
Establish VMT Threshold
The City shall adopt a vehicle miles travelled threshold to be used for CEQA analysis in place of level of service standards.
M-4.4
Economic and
Community
Development
Department,
Public Works
Department
FY 19/20
The City complies with new State CEQA Guidelines Section 15064.3 by using Vehicle Miles Traveled (VMT) thresholds established by Environmental Impact Reports (EIRs), or other environmental documents for various developments that are subject to CEQA. Thresholds have not been officially adopted. Staff is receiving technical assistance from MTC and anticipates adoption of thresholds and screening criteria in summer/fall 2023.
City Council/RSA Agenda 828 Tuesday, April 11, 2023
General Plan APR Summary Table
M-4.C
Establish Impact Fee to Include Other Modes
The City shall conduct an AB1600 nexus study to establish a transportation impact fee to ensure fair share contributions to transportation improvements that may include, but are not limited to streets, public transit, bicycles and pedestrian improvements.
M-4.6 Public Works
Department FY 21/22
An impact fee study is underway to update all City development impact fees, including the Traffic Signalization Fee. The updated transportation impact fee would be broader and would also cover impacts from both the Level of Service (LOS) and VMT.
M-4.D
Pavement Management Program
The City shall review and update the Pavement Management Program every two years to ensure the ability to apply for grant funding through the Metropolitan Transportation Commission (MTC) to rehabilitate and provide the necessary ongoing maintenance of the roadway network.
M-4.9 Public Works
Department
FY 19/20,
and every
two years
thereafter
The City reviews and updates the Pavement Management Program (“Program”) every two years. The Program was updated in 2021. The Program consists of evaluating the pavement condition index (PCI) of all public streets. It does not include evaluation of associated sidewalks. (However, if substandard sidewalks or wheelchair ramps are identified for a street that is being repaved, such deficiencies are addressed as part of the paving project).
The updated Program includes a new requirement for street condition inspections to improve the timely determination of streets in need of maintenance. The next update would take place June 1, 2023.
M-5.A
Greater Station District Transportation Demand Management Strategies
The City shall incorporate transportation demand management (TDM) strategies into the Decoto Industrial Park Study Area (DIPSA) Specific Plan Update to discourage the use of singleoccupancy vehicles over time and encourage the use of public transit, bicycling and walking within the Greater Station District.
M-5.1
Economic and
Community
Development
Department
FY 20/21
The DIPSA Specific Plan has been comprehensively updated and rebranded as the Station District Specific Plan (SDSP). The SDSP incorporates transportation demand management (TDM) policies for the Station District to address congestion, VMT, and parking demand by reducing automobile reliance.
Consistent with Policy M-5.1, Transportation Demand Management, the City works with landowners and employers to implement TDM strategies including transit vouchers; van and carpool programs; shuttles to BART; and adding bike lanes to arterials. The SDSP was adopted by the City Council on October 25, 2022 (Resolution No. 6026-22).
M-6.A
Revise Parking Regulations
The City shall review and revise, as appropriate, the parking requirements in the City Zoning Ordinance to identify opportunities for parking reductions, shared parking, unbundling, and other strategies that would reduce the land area dedicated to parking in the city while still meeting the community’s parking needs.
M-6.1, 6.2,
6.4, 6.5
Public Works
Department and
Economic and
Community
Development
FY 20/21
Parking regulations in the Zoning Ordinance were updated for consistency with the Station District Specific Plan per Ordinance 903-22 adopted by the City Council on November 8, 2022. The Specific Plan and Ordinance updates facilitate parking reductions in the Station District by creating a "maximum" parking standard in Mixed Use Marketplace (MMU), Station East- Residential (SEMU-R), and Station East Employment (SEE) Zoning Districts.
City Council/RSA Agenda 829 Tuesday, April 11, 2023
General Plan APR Summary Table
M-6.B
Greater Station District Paid Parking Program
The City shall continue to implement and enforce a paid parking program in the Greater Station District, monitor the parking, and make changes as necessary. The City shall designate preferential parking spaces for car share vehicles at the Intermodal Station.
M-6.7
Public Works
Department
City Manager's
Office
Ongoing
The Station District paid parking program was launched to direct BART commuter parking to City-owned lots and to make short-term on-street parking available in and around the Station District. Due to the COVID pandemic, demand for BART parking was substantially decreased and, to date, has not returned to prepandemic levels. The paid parking program will expand to the Station East area when the recently approved Station East Residential Mixed-Use development is constructed as well as other areas where new multi-family development has been approved subject to the City having adequate staffing to support the program.
M-6.C
Address Parking Issues in Business Parks
The City shall study and recommend solutions for parking problems caused by warehouse conversion to more employmentintensive uses. Allowance for off-site parking, shared parking, and innovative transportation solutions shall be considered.
M-6.11
Economic and
Community
Development
Department,
Economic
Development
Coordinator
Ongoing
Parking standards for warehouses uses are being updated as part of the updates to Chapter 18.40, Industrial Districts, of the Zoning Ordinance, which are anticipated to be reviewed by the Planning Commission and City Council in Spring 2023.
M-7.A
Maintain Truck Routes
The City shall maintain designated truck routes that will minimize noise and other impacts on the community. The City shall periodically evaluate the established truck routes in response to changes in traffic patterns, traffic volumes, new land uses, level of usage, and adequacy of routes to serve local truck needs.
M-7.1, 7.2 Public Works
Department
FY 22/23,
and ongoing
No changes are proposed to the truck routes identified in the 2040 General Plan.
There have been no changes in traffic patterns, traffic volumes, new land uses, level of usage, and adequacy of routes significant enough to require an update.
S-1.A
Maintain Codes and Regulations to Ensure Safety
The City shall periodically review and revise building codes and regulations to incorporate the latest information and technology related to natural hazards, such as earthquakes and flooding.
S-1.1, 1.2
Economic and
Community
Development
Department
November
2019
adoption for
January
2020
implementati
on, minimum
every three
years
thereafter
The City Council adopted an update to the Building Code in November 2022 (Ordinance No. 910-22), which went into effect January 1, 2023 for consistency with the 2022 California Building Standards Code.
SAFETY
City Council/RSA Agenda 830 Tuesday, April 11, 2023
General Plan APR Summary Table
S-2.A
Comprehensive Emergency Management Plan
The City shall work with the Alameda County Fire Department to regularly review and update the Comprehensive Emergency Management Plan.
S-2.2 City Manager’s
Office, as assigned
FY 19/20;
every five
years
thereafter
The City will begin work on the Comprehensive Emergency Management Plan in January 2023. The most current plan was updated in January of 2014 and is posted on the City's Emergency Management webpage, along with other emergency preparedness resources available to the community. Completion of the plan is anticipated for fiscal year 2023-2024.
S-2.B
Local Hazard Mitigation Plan
The City shall prepare and update every five years a FEMA- and State approved Local Hazard Mitigation Plan.
S-2.3 City Manager’s
Office, as assigned
FY 22/23,
and every 5
years
thereafter
The City in partnership with the City of Newark, City of Fremont & Special Districts ACWD & USD have been approved for a FEMA/CAL-OES grant to complete a Multi-Jurisdictional Local Hazard Mitigation Plan for the Tri-City area. It is anticipated the project will start in March 2023. On February 14, 2023, the City adopted 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 multi-jurisdictional Local Hazard Mitigation Plan.
S-2.C
Expand Multicultural Participation in CERT Program
The City shall provide multicultural training presentations and handouts in multiple languages to expand participation in the Community Emergency Response Team (CERT) programs.
S-2.10 City Manager’s
Office, as assigned FY 20/21
The CERT program expansion has not started due to a lack of appropriate staffing and funding to meet these needs at this time. The program is anticipated to start during fiscal year 2023-2024.
S-2.D
Feasibility Study for Emergency Operations Center
The City shall seek funding to prepare a feasibility study for modernization and/or relocation of the existing Emergency Operations Center to Fire Station 3 or other appropriate site.
S-2.4 City Manager’s
Office, as assigned FY 20/21 The City is currently seeking funding to complete the Feasibility Study related to an updated/new Emergency Operations Center.
S-2.E
Adopt an Ordinance to Address Post-Disaster Recovery
The City shall prepare and adopt an ordinance to address post disaster conditions regarding land use, sheltering, and rebuilding.
S-2.14
City Manager’s
Office,
Economic and
Community
Development
Department
FY 20/21
The City has not adopted an ordinance to address post-disaster recovery.
However, the City will continue providing CERT course delivery and community engagement for disaster preparedness.
S-2.F
Establish Redundant Data
The City shall establish redundant, offsite copies of crucial information and all City data to be able to maintain basic network functions during a disaster.
S-2.13
Administrative
Services
Department
Ongoing The IT Department works with a third-party vendor to store the majority of the City’s crucial information in a cloud-based storage system.
City Council/RSA Agenda 831 Tuesday, April 11, 2023
General Plan APR Summary Table
S-2.G
Emergency Shelter Guidelines
The City shall prepare guidelines for establishment of emergency shelters including the accommodation of seniors, the disabled, and pets.
S-2.11, S2.12
City Manager’s
Office,
Economic and
Community
Development
Department
FY 20/21 The City's Comprehensive Emergency Management Plan (CEMP) identifies guidelines for emergency shelters.
S-3.A
Maintain Records of Geologic and Soils Reports
The City shall file and maintain geologic and soils reports and information by parcel Number or street address, in accordance with the City’s approved Records and Information Management Program Policy.
S-3.1, 3.2
Public Works
Department;
Building
Department
Ongoing
The City maintains soils reports received for projects that require it. A map depicting the locations where soils reports have been taken is also maintained by the City, for future reference. The reports are maintained according to the City's Records Retention Policy.
S-3.B
Work with ACWD to Install Resilient Water Infrastructure The City shall support efforts by the Alameda County\ Water District (ACWD) to design and install seismically-resilient backbone water pipelines in Union City and ensure the availability of potable water supply during an emergency.
S-3.3 Public Works
Department Ongoing
ACWD completed Phase 1 of their waterline seismic upgrade project last year from Union City Boulevard to Central Avenue along Alvarado-Niles Road. Phase 2 from Central Avenue to Decoto Road on Alvarado-Niles Road is planned for the near future by ACWD. These projects will replace aging water mains and make them more resilient against seismic activity.
S-7.A
Ensure Compliance with Hazardous Materials Regulations
The City shall routinely review the following for compliance with Federal, State, and local laws, regulations, and ordinances:
• Hazardous Materials Release Response Plans and Inventories, • Underground Storage Tanks,
• Above Ground Petroleum Storage Tanks,
• Hazardous Waste Generators
• Onsite Treatment of Hazardous Waste,
• California Accidental Release Prevention Program, and • California Fire Code Hazardous Materials Requirements Facilities shall be inspected in accordance with the required minimum frequency as defined in State law, with a goal of conducting more frequent inspections at higher hazard facilities.
S-7.1, 7.2
Environmental
Programs Division;
Economic and
Community
Development
Department;
Public Works
Department
Ongoing
The Environmental Programs Division manages the City's hazardous materials reporting program as the Certified Unified Program Agency (CUPA) for the City. There are 294 permitted hazardous materials facilities in the CUPA program. The division inspected 116 facilities in the FY 2021-22 period, which exceeds the state-mandated frequency.
Procedures, plans, and practices are reviewed and revised on an ongoing basis. The division received routine program evaluation by the California Environmental Protection Agency in late 2022. The Building Division and the Fire Department implement the hazardous materials elements of the building and fire codes.
The Environmental Programs Division of the Economic and Community Development Department updated the webpage for the Certified Unified Program Agency (CUPA) underground storage tank program to streamline access to scheduling and forms, and to answer frequently asked questions. The update aids our 22 underground tank facilities and the numerous contractors that need CUPA permits or inspections. The Hazardous Materials Regulations are complete and current.
City Council/RSA Agenda 832 Tuesday, April 11, 2023
General Plan APR Summary Table
S-7.B
Hazardous Materials Area Plan
The City shall conduct a complete review of its Hazardous Materials Area Plan every three years and submit certification to the California Office of Emergency Services (Cal OES) in a manner consistent with State law.
S-7.1
Environmental
Programs
Division, with
review by:
City Manager’s
Office;
Economic and
Community
Development
Department;
Police Department;
Fire Department;
Public Works
Department;
Finance
Department
FY 20/21
The Environmental Programs Division reviewed and revised the Hazardous Materials Area Plan in 2020 and it was accepted by CalOES. The plan is reviewed annually. The Hazardous Materials Area Plan is complete and current.
S-8.A
Review Community Noise Ordinance
The City shall review and update the Community Noise Ordinance, as necessary.
S-8.13
Economic and
Community
Development
Department;
Public Works
Department
FY 21/22
Currently, no changes to the Noise Ordinance have been required. City staff addresses individual concerns for specific construction and hours of operation as needed.
PF-1.A
Capital Improvement Program
The City shall continue to update its Capital Improvement Program every five years to address the city’s existing and projected public facility needs.
PF-1.6, 1.14
Finance
Department,
All City
departments,
City Council
FY 22/23 and
every five
years
thereafter
The City’s 5- Year Capital Improvement Plan (CIP) was prepared for FY 2021- 2022 through FY 2022-23. The five-year CIP is developed as part of the biennial budget process. An update to the current CIP is underway to coincide with the next biennial budget period.
PF-1.B
Fee Schedules Update
The City shall annually review and update its development fees to ensure adequate funding to deliver and maintain the service levels set out in this General Plan.
PF-1.8, 1.9
Finance
Department,
All City
departments,
City Council
Annually
The City annually reviews and updates its fees through the Master Fee Schedule update process. In addition, an impact fee study is currently underway to comprehensively update all City development impact fees.
PF-2.A
Customer Service Improvements
The City shall routinely assess how to improve customer service, including identification of strategies for enhancing customer service at City Hall and other City facilities. Strategies may include access to additional City services online and providing a “one-stop shop” or “concierge” service at City Hall.
PF-2.1, 2.2 City Manager’s
Office Ongoing
The Economic and Community Development (ECD) Department continually assesses its customer service model to best serve its constituents. As part of its response to COVID-19 restrictions, the ECD Department instituted new virtual and “touchless” options to facilitate the submittal and issuance of building and planning permits/approvals.
PUBLIC FACILITIES AND SERVICES
City Council/RSA Agenda 833 Tuesday, April 11, 2023
General Plan APR Summary Table
PF-2.B
Comprehensive Operational Audit
The City shall complete a comprehensive operational audit on city policies, procedures, service provision and productivity.
PF-2.4, 2.5 City Manager’s
Office
2020, every
5 years
thereafter
The City Manager’s Office continually audits City policies, procedures, service provisions, and productivity in response to both internal and external factors.
PF-2.C
Develop Renewable Energy Sources at Municipal Facilities The City shall continually seek out opportunities and grant funding for the development of renewable energy sources, such as the installation of photovoltaic systems, at municipal facilities.
PF-2.14,
2.15 Public Works
Department Ongoing
Solar photovoltaic systems have been installed at several City facilities including the Corporation Yard, Ruggieri Senior Center, Mark Green Sports Center, and the Holly Community Center.
PF-3.A
Update City Website to Promote Bay-Friendly Landscaping The City shall update the City website to provide information regarding bay-friendly landscaping, including examples of bayfriendly gardens.
PF-3.8
Economic and
Community
Development
Department
FY 20/21
The website regularly posts the most up-to-date Landscape Policy Statement pursuant to required changes; the last update was October 2022. The Policy Statement features the Bay-Friendly Basics Landscape Checklist, which includes required practices that address established principles for protecting the environment. The City Council, Planning Commission and staff use the document to evaluate landscaping of proposed development. Also, the city's Clean Water Program website was reviewed and updated in 2021. It contains current links for rain gardens, rain barrels, impervious paving, and links to the Alameda County Clean Water Program website with bay-friendly garden references.
PF-6.A
Public Education Program on Waste Reduction, Recycling, Composting, and Green Purchasing
The City shall establish a public education campaign to encourage residents, schools, institutions and businesses to reduce, reuse, recycle, and compost appropriately, and purchase recycled and nontoxic products.
PF-6.5
City Manager’s
Office –
Recycling and Solid
Waste
Division
Ongoing
Effective July 1, 2021, the City commenced collecting a fee included in the solid waste, compost, and recycling rates to assist with funding various regulatory obligations pursuant to SB 1383t. This act requires a variety of public education and outreach activities to support and encourage diversion of organics from landfill disposal. In October 2021, the City added Chapter 7.24 - Organics Reduction and Recycling Ordinance, to the Union City Municipal Code adopting the countywide Organics Reduction and Recycling Ordinance which mandates various provisions of SB 1383 commencing January 1, 2022. The City continues to develop and implement a variety of public education and outreach activities to support its landfill, compost and recycling related programs and services provided to Union City ratepayers. In addition, the City's Franchise Agreements with Republic Services and Tri-CED Community Recycling for solid waste, compost, and recycling collection services both include numerous public education and outreach obligations which the City manages in concert with its specific supplemental efforts to support the variety of programs and services related to compliance with the State's waste diversion from landfill regulations such as AB 939, AB 341, AB 1826 and SB 1383.
City Council/RSA Agenda 834 Tuesday, April 11, 2023
General Plan APR Summary Table
PF-8.A
Expand High-Speed Internet
The City shall pursue opportunities to expand high speed internet in Union City, including implementing the installation of dark fiber in the Station District, studying the feasibility of expanding dark fiber citywide, and pursuing the ability to connect to BART’s lit fiber network.
PF-8.1, 8.3
City Manager’s
Office,
Economic and
Community
Development
Department
Ongoing
As of fall 2022, the City has put a hold on the goal of expanding high speed internet in favor of doing a city-wide fiber plan that will allow city sites and traffic intersections to be connected with dark fiber.
PF-8.B
Standards for Broadband Infrastructure
The City shall develop and adopt standards for broadband infrastructure installation, including the development of:
• A dig once, open trench and shadow conduit standard;
• A preferred business model for management and use of city owned telecommunication assets, which may include a master lease agreement;
• Standards for new construction or major remodels;
• Standard specifications for conduit and broadband facilities, permitting procedures and master plans.
PF-8.6
City Manager’s
Office, Public
Works Department,
Economic,
Information
Technology, and
Community
Development
Department
2020
New City policies for broadband infrastructure installation are being evaluated for future standards. It is anticipated that the standards will be prepared by December 1, 2024.
PF-8.C
Standards for Small Cell Sites
The City shall establish design standards and a legal framework for accommodating small cell technology in the public rights-ofway.
PF-8.8
City Manager’s
Office, Public
Works Department
2020
In July 2021, “Small Cell” design guidelines were prepared and presented to cellular providers. To date, the City has entered into Master License Agreements with three providers.
PF-8.D
Broadband Asset Management
The City shall develop a detailed geodatabase of City owned traffic signal and street light conduits and existing fiber optic networks and information regarding ownership.
PF-8.5
City Manager’s
Office, Public
Works Department
2020
The City has added the location of all streetlights to the City’s GIS system. The new system allows pole details to be documented and small cell installation information to be tracked.
PF-8.E
Explore Creation of Internet Connectivity Fee
The City shall explore the creation of an internet connectivity fee to help fund the expansion of broadband access throughout the city.
PF-8.3
City Manager’s
Office,
Finance
Department
2021 This work has not begun.
PF-8.F
Cybersecurity Plan
The City shall develop a cybersecurity plan to protect City infrastructure and government data against cyberattacks.
PF-8.10
City Manager’s
Office, as
assigned
FY 20/21
In September 2022, the City Council adopted the City of Union City Technology Roadmap through Resolution No. 6015-22, which includes strategies for cybersecurity. The IT department has setup and deployed a security compliance monitoring for city servers and computers, enabled a 24/7 security monitoring service for city computers, and deployed hardened data backup and recovery system. It is anticipated that a cybersecurity plan will be adopted by December 1, 2024.
City Council/RSA Agenda 835 Tuesday, April 11, 2023
General Plan APR Summary Table
PF-9.A
Police Department Strategic Plan
The City shall maintain and implement a comprehensive Police Department Strategic Plan, based on incremental time periods of three to five years, unless designated otherwise, and shall update the plan periodically as plan items are accomplished or achieved.
PF-9.1-9.8 Police Department
2021, and
updated
every three
to five years,
as
appropriate
An updated Police Department Strategic Plan was approved by the City Council on November 23, 2021 (Resolution No. 5861-21). The updated Strategic Plan covers the period from January 2022 through December 2026.
PF-9.B
CALEA Certification
The City Police Department shall seek, earn, and maintain national accreditation by the Commission on Accreditation of Law Enforcement Agencies (CALEA). Being an accredited agency ensures formalization of essential management procedures, fair and nondiscriminatory personnel practices, enhanced crime prevention, increased efficiency of police service delivery to the community, solidified interagency cooperation and coordination, and increased community and staff confidence in the agency.
PF-9.1-9.8 Police Department 2019, and
ongoing
The Police Department assessed the feasibility of the CALEA Certification process and decided to pursure other City Council identified priorities. The Police Department's updated Strategic Plan does not include the pursuit of CALEA Certification as a goal.
PF-9.C
Periodic Staffing Studies
The City Police Department shall conduct periodic staffing studies to determine staffing needs to meet best-practice obligations.
These studies, beyond baseline personnel-per-one-thousand staffing ratio formula, shall focus on actual workload demands and community priorities to determine staffing needs to meet those obligations.
PF-9.1 Police Department 2019, and
ongoing
Detailed and regular staffing studies are completed in response to ongoing staffing changes. The Police Department's updated 2022-2026 Strategic Plan outlines comprehensive strategies in section #2 Goals.
PF-9.D
Assess Police Department Facilities and Equipment Needs Biannually with the preparation of the City budget, the City shall assess local police facilities and equipment needs and develop strategies that strive to maintain the service standards established in Policy PF-9.1.
PF-9.2 Police Department,
City Council
2019, and
ongoing
Assessments and proposals to purchase essential equipment and to maintain Police Department facilities is ongoing, with dedicated supervisory and management staff assigned.
PF-12.A
Evaluate Feasibility of Building a New Library
The City shall evaluate the feasibility of funding the construction of a new, state-of-the-art library to implement the Alameda County Library Facilities Master Plan.
PF-12.1
City Manager’s
Office, Public
Works Department
2022 The first step in the process is preparation of a Facilities Master Plan. There is no established timeline to begin this work. This project is currently pending.
City Council/RSA Agenda 836 Tuesday, April 11, 2023
General Plan APR Summary Table
PF-12.B
Fund Extended Library Hours
The City shall fund extended hours of operation at the library, subject to budgetary constraints.
PF-12.2 City Manager’s
Office
2020, and
every two
year budget
cycle
thereafter
Based on current budgetary constraints, extension of library hours is not recommended.
RC-3.A
Green Infrastructure Plan
The City shall prepare, adopt, and implement a Green
Infrastructure Plan in compliance with NPDES Stormwater Municipal Regional Permit (MRP 2.0) requirements.
RC-3.4, 3.5 Public Works
Department 2019
The City's Green Infrastructure Plan was prepared in compliance with NPDES Stormwater Municipal Regional Permit (MRP 2.0) requirements and was adopted in September 2019.
RC-4.A Maintain Inventory of Historical Resources
The City shall maintain an inventory of historical resources. RC-4.2, 4.4 Economic and
Community
Development
Department
Ongoing
A historical resource inventory is maintained by the City (i.e., Union City Cultural Resources Survey) and is updated on a project-by-project basis. The City's Landmark and Historic Preservation Ordinance, updated through Ordinance No. 670-06 § 3, in 2006, provides guidance to designate and preserve historic resources.
RC-4.B
Cultural Resources Study Requirement
If a project requires activities that have the potential to impact cultural resources, the City shall require the applicant to retain a qualified archaeologist meeting the Secretary of the Interior’s (SOI) Professional Qualification Standards (PQS) in archaeology and/or an architectural historian meeting the SOI PQS standards in architectural history to complete a Phase 1 cultural resources inventory of the project site (NPS 1983). A Phase 1 cultural resources inventory should include a pedestrian survey of the project site and sufficient background archival research and field sampling to determine whether subsurface prehistoric or historic remains may be present. Archival research should include a records search conducted at the Northwest Information Center (NWIC) and a Sacred Lands File (SLF) search conducted with the Native American Heritage Commission (NAHC).
RC-4.6, 4.7,
4.8 Economic and
Community
Development
Department
Ongoing
Projects that have the potential to impact cultural resources are addressed through applications for individual projects. The City works with consultants that specialize in cultural resource studies to determine reviews that are required pursuant to the California Environmental Quality Act (CEQA) and applicable federal and state laws.
RESOURCE CONSERVATION
City Council/RSA Agenda 837 Tuesday, April 11, 2023
General Plan APR Summary Table
RC-6.A
High-Efficiency or Alternatively-Powered Water Heater
Replacement Program
The City shall provide educational material and information on the City website and through the Building Division on high-efficiency and alternatively-powered water heater replacement options available to current homeowners considering water heater replacement. The City shall streamline the permitting process for high efficiency and alternatively-powered water heat replacement, and develop appropriate financial incentives by working with energy utilities or other partners. Replacement water heaters could include high efficiency natural gas (i.e., tankless) or other alternatively-powered water heating systems that reduce or eliminate natural gas usage such as solar water heating systems, tankless or storage electric water heaters, and electric heat pump systems.
RC-6.9
Economic and
Community
Development
Department
FY 22/23 A handout was prepared that addressed alternatively powered water heater replacements, which is available from the Building Division or on-line.
RC-7.A
Update the Climate Action Plan
The City shall periodically update the Climate Action Plan to address municipal operations, maintain compliance with GHG reduction targets set forth by the California Air Resources Board, and assess and modify existing CAP implementation programs.
RC-7.1, 7.2
Economic and
Community
Development
Department
2020 and
every five
years
thereafter
The most recent Climate Action Plan was adopted in 2010. An update to the Climate Action Plan is tentatively scheduled to begin in Fiscal Year 23 / 24.
SA-1.A
Expand Priority Development Area
The City shall work with the Association of Bay Area Governments (ABAG) and the Metropolitan Transportation Commission (MTC) to expand the Intermodal Station District Priority Development Area (PDA) boundary to encompass the entire Greater Station District.
SA-1.1, 1.3
Economic and
Community
Development
Department
FY 20/21
The 2040 General Plan modified the boundaries of the former Decoto Industrial Park Study Area (DIPSA) Specific Plan area, which was the precursor to the Station District Specific Plan. In 2020, Union City's PDA was expanded for consistency with this expanded boundary and was also incorporated into the Station District Specific Plan.
SPECIAL AREAS
City Council/RSA Agenda 838 Tuesday, April 11, 2023
General Plan APR Summary Table
SA-1.B
Funding for Greater Station District Public Improvements The City shall identify and aggressively seek grant funding and other external sources of public funding to finance infrastructure and circulation improvements within the Greater Station District, including:
• Construction of an east entrance to the BART station, including a pedestrian crossing of the Oakland Subdivision railroad tracks; • Construction of a pedestrian crossing of the Niles Subdivision railroad tracks to link the Core Station District with Station East; • Improved lighting, sidewalks and pedestrian amenities throughout the Greater Station District, especially along Decoto Road and 7th Street, and within any new developments;
• Construction of new streets within the Station East area; • Replace public parking within the Greater Station District that may be removed as a result of redevelopment;
• Construction of Quarry Lakes Parkway; and
• Construction of a passenger rail station at Union City BART.
SA-1.3, 1.7,
1.9 City Manager’s
Office,
Economic and
Community
Development
Department,
Administrative
Services
Division, and
Public Works
Department
Ongoing
In summer 2022, Union City secured the permits to construct the at-grade crossing from the California Public Utilities Commission and Union Pacific Railroad. The funding sources for design and construction of the at-grade crossing are a grant from the Alameda CTC and 2011 Redevelopment Bonds.
Since 2022, City and Union Pacific (UP) staff have met monthly to discuss design submittals, preemption calculations, and the anticipated project schedule. No work has begun on the pedestrian crossing over the Niles Subdivision. The Station East Mixed Use Residential project was approved in 2021 in the Station East area. The project proposes new streets and related street improvements and improvements along Decoto Road and 7th Street. The project is in the process of obtaining approvals from the Public Works Department and other entities for this work. Design work for Quarry Lakes Parkway is underway. Phase 1 of the Southern Alameda County Integrated Rail Analysis (SoCo Rail) Study, completed by the Metropolitan Transportation Commission (MTC), identified the Union City Intermodal Station as the preferred location for a “rail to rail” connection between the Altamont Commuter Express (ACE) and BART. Phase 2 of the project is currently underway and entails project development.
SA-1.C
Update DIPSA Specific Plan
The City shall review and update the Decoto Industrial Park Study Area (DIPSA) Specific Plan for consistency with the General Plan.
The update shall be completed prior to the approval of any new residential development in Station East.
SA-1.1, 1.14
City Council,
City Manager’s
Office,
Economic and
Community
Development
Department
FY 19/20
The Station District Specific Plan was adopted by City Council in October 2022 (Resolution No. 6026-22). The DIPSA Specific Plan was comprehensively updated and rebranded as the Station District Specific Plan (SDSP). The Station East Mixed Use Residential project included a Specific Plan amendment, which was later incorporated into the SDSP.
SA-1.D
Evaluate Impact Fees in the Greater Station District
The City shall re-evaluate impact fees that could be a source of funding for capital improvements in the Greater Station District and assess the need for new fees to address the infrastructure and service impacts of high-density development in the Greater Station District. Alternative sources of funds should be considered, such as infrastructure bonds, if appropriate.
SA-1.7
City Council,
City Manager’s
Office, Finance
Department,
Economic and
Community
Development
Department,
Public Works
Department
Ongoing
An impact fee study is underway to update to all City development impact fees, including fees that only apply to the Station District such as the DIPSA Infrastructure Fee.
SA-1.E
Greater Station District Streetscape Master Plan
The City shall develop a streetscape master plan for the Greater Station District that outlines a unified design theme consisting of landscaping, sidewalks, pedestrian street crossings, and lighting.
Economic and
Community
Development
Department,
Public Works
Department
FY 19/20
through
20/21
The recently approved Station District Specific Plan provides details and guidance on streetscape design.
City Council/RSA Agenda 839 Tuesday, April 11, 2023
General Plan APR Summary Table
SA-2.A
Issue RFPs for Station District Development
When appropriate, the City shall issue developer requests for proposals to implement General Plan objectives for the Core Station District.
SA-2.9 City Manager’s
Office As needed
In June 2021, the City issued a Notice of Availability (NOA), as required by the Surplus Lands Act, for sale of the Gateway site located within the Station District Specific Plan area. In December 2021, the City entered into an Exclusive Negotiating Agreement (ENA) with City Ventures for development of the site.
SA-3.A
Evaluate Development of Restoration Site
The City shall evaluate the development potential of and constraints on the Restoration Site and identify steps for redevelopment and reuse of the property.
SA-3.1
City Council,
City Manager’s
Office, Economic
and Community
Development
Department,
Public Works
Department
FY 22/23
As part of the Draft 2023-2031 Housing Element update, Policy HE-1 was added to support the City's goal of developing the Restoration Site, which states “The City shall facilitate development of a mix of high-density residential and office uses on the City-owned Restoration Site by issuing a developer request for proposals and partnering with developers on site remediation to maximize development potential of the site. The timeline for that was identified as FY 25/26, taking into consideration other City priorities and the time needed to study the site to inform preparation of a Notice of Availability (NOA) pursuant to the Surplus Lands Act or Request for Proposals (RFP).
SA-3.B
Issue RFPs for Station District Development
When appropriate, the City shall issue developer requests for proposals to implement General Plan objectives for the
Restoration Site.
SA-3.1, 3.2,
3.3 City Manager’s
Office As needed See discussion under SA-3. A.
SA-4.A
Capital Improvements in the Station East Area
The City shall strive to provide capital improvements in the Station East area identified in the DIPSA Specific Plan, General Plan, and other planning documents.
SA-4.21,
4.22 City Council,
Economic and
Community
Development
Department,
Public Works
Department
Ongoing Work on the Capital Improvement Plan (CIP) is underway for the upcoming budget cycle.
City Council/RSA Agenda 840 Tuesday, April 11, 2023
General Plan APR Summary Table
SA-7.A
Union City Boulevard Area Plan
The City shall prepare and adopt an Area Plan for the
transformation of the Union City Boulevard District. The plan shall include:
• A land use and design plan to show how the mix of uses within the district will be physically and functionally integrated, including consideration for the location of residential/ commercial mixed-use within the area;
• A detailed circulation plan that addresses the grade separation of the railroad tracks, internal circulation, and pedestrian and bicycle improvements;
• A unified landscape and streetscape plan; and
• An infrastructure improvement and financing plan. The City shall develop a program to recoup the cost of preparing the plan.
SA-7.3
Public Works
Department,
Economic and
Community
Development
Department
FY 21/22
The Union City Boulevard Area Plan is identified as special area in General Plan 2040 and includes policies for redevelopment of that area.
The Dyer Steet project, Phase 2, will involve repaving where the recently completed Phase 1 left off at Deborah and will end at Union City Boulevard. There is no commercial activity along this stretch, which will make the installation of bike lanes less challenging. On January 25, 2022, with Resolution 5883-22, the City Council approved amending the consulting agreement for Union City Boulevard bike lanes project.
SA-8.A
Cooperate to Address Flood Control
The City shall cooperate with the Alameda County Flood Control and Water Conservation District on any infrastructure
improvements to remove the Horner/Veasy Area from the flood plain.
SA-8.1
Public Works
Department,
Economic and
Community
Development
Department
Ongoing
The City works cooperatively with the Alameda County Flood Control and Water Conservation District on projects that impact their facilities. Additionally, the City works with applicants on new development located in flood zones to ensure compliance with applicable requirements to minimize flood risk.
SA-8.B
Ensure Compliance with Amortization
The City shall ensure compliance with the terms of the
amortization to cease operation for the following properties that have nonconforming uses in conformance with the dates listed below:
• APN 482-0020-007 (Williams) - September 3, 2023
• APN 482-0027-007-19 (Goncalves) - September 3, 2023
• APN 482-0022-001-02, 482-0022-007, and 482-0022-009-01 (Bertelson) - September 3, 2023
• APNs 482-0020-008-02 and 482-0020-002-03 (Kirby) - January 28, 2024
SA-8.4
City Manager’s
Office and
Economic and
Community
Development
Department
2023 and
2024
In Spring 2023, the Planning Division will begin outreach to impacted property owners reminding them that the Amortization agreements that they entered into 10 years ago will be expiring and they will need to cease activities related to truck parking and outdoor storage.
SA-10.A
Evaluate Lighting Levels in the Decoto Neighborhood
The City shall conduct an evaluation of existing lighting levels in the Decoto Neighborhood and shall identify opportunities for enhanced lighting.
SA-10.6 Public Works
Department FY 20/21
In FY 23/24, the City will be hiring a consultant to convert all 4,200 streetlights in the City to LED. As part of this effort, the consultant will evaluate areas deemed to have insufficient lighting including the Decoto neighborhood.
City Council/RSA Agenda 841 Tuesday, April 11, 2023
General Plan APR Summary Table
SA-11.A
Update Old Alvarado Design Guidelines
The City shall review and update the Old Alvarado Design Guidelines to reflect the development that has occurred since the Guidelines were developed and to provide guidance for areas outside of the Smith Street commercial core including UCB between the Mark Green Sports Center and Bettencourt Way, the Horner Street corridor, and the residential neighborhoods located to the west of Union City Boulevard generally between Marsten Avenue and Cambridge Way, including the Diamond Mines site, and to the east of Union City Boulevard north of Smith Street between Vallejo Street and Watkins Street.
SA-11.1,
11.2, 11.3,
11.5 Economic and
Community
Development
Department
FY 21/22
As a precursor to updating the Old Alvardo Design Guidelines, the Planning Division and their consultant team are in the process of developing city-wide objective design standards for multi-family development. The Guidelines are being used as a basis for the development of the updated standards that will apply to the Historic Alvarado District.
SA-11.B
Signage and Branding Program for Historic Alvarado District City shall work with property owners and businesses in the Historic Alvarado District on developing and implementing a signage and branding program for the area.
SA-11.7
Economic and
Community
Development
Department
Ongoing
In 2022, the Public Works Department was moving forward with finalizing the agreement with a vendor to manufacture and install the approved Historic Alvarado wayfinding signage. Due to changes in State law and the City no longer able to enter into a “Design/Build” agreement with the vendor due to the cost of the work, the Public Works Department is required to rebid the project.
SA-11.C
Review Permitted Uses in the Zoning Ordinance
The City shall review the Zoning Ordinance to determine if new types of commercial uses should be permitted to strengthen the Smith Street Commercial Core (e.g., wine bars, entertainment uses).
SA-11.8,
11.9 Economic and
Community
Development
Department
FY 19/20
For consistency with the General Plan, a new zoning district called “Village Mixed Use (VMU)” was developed and applied to the Historic Alvarado District. This work was done as part of the Housing Element Zoning updates (Ordinance 903- 22). The VMU Zoning District was based on other mixed use zoning districts and added some additional commercial uses beyond what was previously allowed.
City Council/RSA Agenda 842 Tuesday, April 11, 2023
General Plan APR Summary Table
SA-12.A
Union Landing Retail Analysis
The City shall prepare a retail analysis to evaluate the changing retail environment and develop strategies to address how Union Landing can adapt. The analysis should consider, among other topics:
• Union Landing’s position in the Interstate 880 corridor; • The changing retail environment for big-box-anchored tenants in centers such as Union Landing;
• Maintaining Union Landing as a sales tax generator and a regional destination;
• Adjusting the permitted and conditionally permitted uses and development standards to be competitive in the changing retail marketplace; and
• Strategies to target a supportive mix of tenants when working with 16 different property owners.
SA-12.1,
12.3, 12.7,
12.8, 12.9,
12.10 Economic and
Community
Development
Department
FY 19/20
The City hired Kosmont Companies to prepare a Retail Study (Attachment 2) for Union Landing to analyze local and subregional retail sector trends as well as the City’s existing zoning regulations to ensure that the center was well-positioned to address this transition. Kosmont staff also spoke with Union Landing property owners and managers to get their feedback. The study informed the proposed amendments. Some notable trends referenced in the study include:
• Entertainment uses, fitness centers and open space have become new anchor tenants for large shopping centers.
• Service businesses such as restaurants / drinking places expanded most in 15 years and now surpassed retail establishments in U.S. Union Landing has less than 5% of space devoted to service businesses and about 15% for restaurants. • Consumers are more interested in seeking experiences during shopping trips.
The analysis was completed in summer 2021.
SA-12.B
Update CUL Zoning Provisions
The City shall review and consider updating the standards, allowed uses, and sub-area designations in the Union Landing Commercial (CUL) Zoning District to reflect current conditions and changing markets.
SA-12.1,
12.4, 12.8,
12.9 Economic and
Community
Development
Department
FY 20/21
In summer 2021, the Union Landing Commercial (CUL) Zoning District was amended to support the Union Landing shopping center. The amendments modified the list of permitted and conditionally permitted uses to provide more consistency within subareas, to better reflect current market trends, and to redesignate uses so they are permitted and do not require discretionary review. The amendments updated development type descriptions to provide experienceoriented uses and the addition of breweries and wineries with on-site tasting and food service measuring up to 5,000 sq. ft. were added as a permitted use. The update also included provisions related to trash and recycling facilities, property maintenance, and outdoor dining.
SA-12.C
Guide for Intensification of Union Landing
The City shall work with property owners and tenants to prepare a plan to guide intensification efforts at Union Landing, including a plan for additional development, parking, urban design, plazas and gathering spaces, and pedestrian and automobile circulation improvements to ensure that Union Landing changes over time in order to remain competitive.
SA-12.1,
12.11,
12.13, 12.14
Community
Development
Department,
Public Works
Department
FY 24/25 This work has not begun.
City Council/RSA Agenda 843 Tuesday, April 11, 2023
General Plan APR Summary Table
SA-12.D
Union Landing Sign, Wayfinding, and Branding Program
The City shall prepare a comprehensive sign, wayfinding, and branding program for Union Landing.
SA-12.16,
12.18 City Manager’s
Office,
Economic and
Community
Development
Department,
Public Works
Department
FY 19/20
Completed in summer 2021, City staff worked with the Union Landing Property Owner’s Association to re-landscape, repaint and update the Union Landing monument signs located along Dyer Street. This was a public/private partnership with shared costs from the Property Business Improvement District (PBID) and the City.
SA-13.A
Rezone Calaveras Landing
The City shall rezone Calaveras Landing consistent with the Regional Retail Commercial land use designation.
SA-13.1,
13.4 Economic and
Community
Development
Department
FY 20/21 It is anticipated that the proposed rezone of Calaveras Landing will occur in FY 23/24.
SA-13.B
Calaveras Landing Sign, Wayfinding, and Branding Program The City shall prepare a comprehensive sign, wayfinding, and branding program for Calaveras Landing.
SA-13.3,
13.3 City Manager’s
Office,
Economic and
Community
Development
Department,
Public Works
Department
FY 20/21 Due to other Economic and Community Development Department priorities, it is anticipated that work on this program will begin in FY 24/25.
SA-13.C
Calaveras Landing Retail Analysis
Building off the study conducted for Union Landing (see Program SA-12.A), the City shall prepare a retail analysis to evaluate the changing retail environment and develop strategies to address how Calaveras Landing can adapt. The analysis should consider, among other topics:
• Calaveras Landing’s position in the Interstate 880 corridor; • The changing retail environment for big-box-anchored tenants; • Enhancing Calaveras Landing as a sales tax generator and a regional destination; and
• Adjusting the permitted and conditionally permitted uses and development standards to be competitive in the changing retail marketplace.
SA-13.1
Economic and
Community
Development
Department
FY 21/22 Due to other Economic and Community Development Department priorities, it is anticipated that work on this program will begin in FY 24/25.
SA-14.A
Seek Grant Funding for Access Improvements at the Four
Corners
The City shall continue to seek grant funding to address issues such as transit access, traffic circulation, and pedestrian access between the Four Corners shopping centers.
SA-14.1,
14.2 Economic and
Community
Development
Department,
Public Works
Department
Ongoing The City is always seeking grant funding for public improvements including the development of bicycle, pedestrian, and transit facilities.
City Council/RSA Agenda 844 Tuesday, April 11, 2023
General Plan APR Summary Table
SA-14.B
Four Corners Signage and Branding Program
The City shall develop a signage and branding program for the Four Corners shopping area.
SA-14.1
Economic and
Community
Development
Department
FY 22/23 Due to other Economic and Community Development Department priorities, it is anticipated that work on this program will begin in FY 24/25.
City Council/RSA Agenda 845 Tuesday, April 11, 2023
Jurisidiction Name
Reporting Calendar Year
First Name
Last Name
Title Click here to download APR Instructions
Email
Phone
Street Address
City
Zipcode
11_16_22
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34009 Alvarado-Niles Road
Union City
94587
Please Start Here
General Information
2022
Union City
Contact Information
Francisco
Gomez Jr.
Housing and Community Development Manager
[email protected]
5106755322
Mailing Address
Annual Progress Report January 2020