Agenda packet — Union City City Council, April 25, 2023 (part 4 of 4)

WHEREAS, the property owner, The Station East Owner, LLC, has submitted applications for Site Development Review of Planning Area 4 and Planning Area 9/10 within the Station East Residential Mixed Use Project; and WHEREAS, Section 15164 of the CEQA Guidelines provides that an addendum to a previously adopted environmental impact report or mitigated negative declaration may be prepared if only minor technical changes or additions to the project are necessary or none of the conditions described in CEQA Guidelines Section 15162 calling for the preparation of a subsequent environmental impact report or negative declaration have occurred; and
WHEREAS, the City has prepared an Addendum to the Station East Residential / Mixed Use Project EIR for the 2023 Project Amendments (“Addendum”), which determined that none of the conditions described in CEQA Guidelines section 15162 will occur; and
WHEREAS, the Addendum was posted to the City’s website and referenced in the public notice for the April 6, 2023 Planning Commission public hearing; and WHEREAS, a staff report, dated April 6, 2023 and incorporated herein by reference, described and analyzed the 2023 Project Amendments and Addendum for the Planning Commission; and
WHEREAS, the Addendum, reflects the City’s independent judgment and analysis on the potential for environmental impacts; and
WHEREAS, none of the conditions requiring preparation of a subsequent EIR or negative declaration have occurred, and that the changes that are part of the 2023 Project Amendments identified in the Addendum would not result in any significant impacts not considered under the original 2040 General Plan EIR; and WHEREAS the Addendum is labeled Exhibit A, attached hereto and made a part hereof, is available for review on the City’s website at https://www.unioncity.org/199/CityMeetings-Video, and at the Economic and Community Development Department at City Hall during normal business hours. The location and custodian of the Addendum and other documents that constitute the record of proceedings for the Station East Residential / Mixed Use Project is the City of Union City Economic and Community Development Department, 34009 Alvarado-Niles Road, Union City, CA 94587.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Union City does hereby find as follows:

A. The foregoing recitals are true and correct and made a part of this resolution.

B. The Planning Commission independently reviewed and considered the information contained in the Addendum to the Station East Residential / Mixed Use Project City Council/RSA Agenda 511 Tuesday, April 25, 2023
Planning Commission Resolution #3-23

Page 3 of 4 ends

Environmental Impact Report, as well as all other information (both written and oral) provided by City staff, City consultants, and the Public to the Planning Commission at its April 6, 2023 meeting relating to the Addendum, prior to recommending approval of the 2023 Project Amendments.

C. The Planning Commission has reviewed and considered the Addendum to the Station East Residential / Mixed Use Project Environmental Impact Report and finds that none of the conditions requiring preparation of a subsequent EIR or negative declaration have occurred, and that the changes that are part of the project would not result in any significant impacts not considered under the original EIR.

D. The Addendum to the Station East Residential / Mixed Use Project Environmental Impact Report is the appropriate CEQA document for the project and has been prepared in compliance with CEQA and the CEQA Guidelines. The Addendum has been prepared as required by law and the document reflects the independent judgement and analysis of the City of Union City, which has exercised overall control and direction of its preparation.

BE IT FURTHER RESOLVED THAT: the Planning Commission hereby recommends that the City Council adopt the Addendum to the Station East Residential / Mixed Use Project Environmental Impact Report in compliance with the requirements of CEQA.

City Council/RSA Agenda 512 Tuesday, April 25, 2023
Planning Commission Resolution #3-23

Page 4 of 4 ends

I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission of the City of Union City held on April 6, 2023 by the following vote:

AYES: 5
NOES: 0
ABSTAINED:

ABSENT:

MOVED:

SECONDED:

APPROVED
LEE GUIO, CHAIRPERSON
ATTEST:

CARMELA CAMPBELL, SECRETARY
City Council/RSA Agenda 513 Tuesday, April 25, 2023
ATTACHMENT 10
PLANNING COMMISSION RESOLUTION NUMBER 4-23

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UNION CITY

RECOMMENDING APPROVAL TO THE CITY COUNCIL OF THE DEVELOPMENT AGREEMENT AMENDMENT (ADA-23-001) AND TENTATIVE MAP AMENDMENT (ATM-23-001) FOR THE STATION EAST RESIDENTIAL / MIXED USE

DEVELOPMENT
WHEREAS, the Station East Owner LLC, has submitted applications for amendments to the Development Agreement and Tentative Map within the Station East Residential Mixed-Use project; and
WHEREAS, the Station East Residential / Mixed Use Project site consists of 26.5 acres located between Decoto Road to the north, 7th Street to the east, Bradford Way to the south, and the Niles Subdivision UPRR Rail Line along the western perimeter; and WHEREAS, the project site has a General Plan designation of Station East Mixed Use Residential and a Zoning designation of SEMU-R (Station East Mixed Use Residential); and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the Station East Residential / Mixed Use Project Environmental Impact Report (EIR) (SCH# 2020039032) was prepared and certified for the project on June 8, 2021 by City Council Resolution No. 5774-21, which determined the project would not result in any significant impacts with the incorporation of mitigation measures; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15164, an Addendum to the EIR was prepared to analyze the changes in the project to determine if the project falls within the scope of the previously certified EIR; and
WHEREAS, on April 6, 2023, the Planning Commission adopted Resolution No. 03-23, recommending that the City Council adopt the Addendum to the Station East Residential / Mixed Use Project EIR; and
WHEREAS, the subject property is part of the larger Station East Mixed Use Residential Project subject to City Council approvals in June 2021 of General Plan Amendment (AG-20-001), Specific Plan Amendment (SP-20-001), Zoning Text Amendment (AT-20-002), Zoning Map Amendment (A-20-001), Development Agreement (DA-20-001), and Tentative Map (TTM-20-001) for the Station East Mixed Use Residential Project consisting of up to 974 dwelling units and 30,800 sq. ft. retail; and WHEREAS, pursuant to Section 18.76.050 of the Union City Municipal Code, the Planning Commission held a duly noticed public hearing on the proposed Development Agreement Amendment (ADA-23-001) and Tentative Map Amendment (ATM-23-001) on April 6, 2023, at which time all interested parties had the opportunity to be heard. The City Council/RSA Agenda 514 Tuesday, April 25, 2023
Planning Commission Resolution No. 4-23
ADA-23-001
ATM-23-001

Page 2 of 5 ends

Planning Commission considered the staff report dated April 6, 2023, and all written and oral testimony; and
WHEREAS, the Development Agreement Amendment (ADA-23-001) labeled The “First Amendment to Development Agreement by and between the City of Union City and The Station East Owner, LLC for the Station East Project” is labeled Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the Tentative Map Amendment (ATM-23-001) consisting of Sheets C1A, C-5A and C-5B is labeled Exhibit B, attached hereto and made a part hereof; and NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Union City does hereby find as follows:

1. That the foregoing recitals are true and correct and made a part of this resolution; and
CEQA

2. The Planning Commission independently reviewed and considered the information contained in the Addendum to the Station East Residential / Mixed Use Project EIR, as well as all other information (both written and oral) provided by City staff, City consultants, and the Public to the Planning Commission at its April 6, 2023 meeting relating to the Addendum, prior to making its recommendation.

3. That the Planning Commission has reviewed and considered the Addendum to the Station East Residential / Mixed Use Project EIR and finds that none of the conditions requiring preparation of a subsequent EIR or negative declaration have occurred, and that the changes that are part of the project would not result in any significant impact not considered under the original EIR.

4. The Addendum to the Station East Residential / Mixed Use Project EIR is the appropriate CEQA document for the project and has been prepared in compliance with CEQA and CEQA Guidelines. The Addendum has been prepared as required by law and the document reflects the independent judgement and analysis of the City of Union City, which has exercised overall control and direction of its preparation.

Development Agreement

5. The amendments to the Development Agreement, which reflect updates to the Station East Project and other miscellaneous provisions, are consistent with the General Plan designation of Station East Mixed Use Residential, and applicable General Plan policies. Specifically, the project is consistent with the City Council/RSA Agenda 515 Tuesday, April 25, 2023
Planning Commission Resolution No. 4-23
ADA-23-001
ATM-23-001

Page 3 of 5 ends

goal to establish a high density, transit-oriented, walkable residential and commercial district which allows for multi-family residential uses and mixeduse residential uses, with ground floor commercial uses along the site’s major thoroughfares. The amendments to the Development Agreement are also consistent with the applicable policies of the Station District Specific Plan.

6. The amendments to the Development Agreement, which reflect updates to the Station East Project and other miscellaneous provisions, will not be detrimental to the health, safety and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of residents of the City as a whole because mitigation measures have been included to mitigate all potential significant impacts to less than significant levels, none of which would be changed by the amendment to the Development Agreement.

7. The amendments to the Development Agreement, which reflect updates to the Station East Project and other miscellaneous provisions, will not adversely affect the orderly development of property or the preservation of property values because the Development Agreement facilitates the orderly development of the project over several years, including the provision and phasing of improvements, and provision of public benefits including but not limited to parks, affordable housing, and infrastructure improvements.

8. The amendments to the Development Agreement, which reflect updates to the Station East Project and other miscellaneous provisions, will facilitate implementation of the Station District Specific Plan, including the development of the Station East Mixed Use Residential area as envisioned in the Station District Specific Plan.

9. The amendments to the Development Agreement, which reflect updates to the Station East Project and other miscellaneous provisions, are consistent with Government Code Section 65864 through 65869.5 because it provides some assurances to the applicant to proceed with the multi-year project in accordance with existing policies, rules and regulations in return for the provision of public benefits. A noticed public hearing on the proposed Amendment to the Development Agreement was provided.

Tentative Tract Map –Section 66473.5 and 66474 of the Subdivision Map Act

10.That the proposed tentative tract map as amended is consistent with applicable subdivision standards listed in the General Plan and the Station District Specific Plan because the tentative tract map is consistent with the General Plan standards for uses, density and minimum parcel size and with the Station District Specific Plan standards for streets and parks; and

11.That the design of the proposed subdivision as amended is consistent with applicable subdivision standards listed in the General Plan and the Station District Specific Plan because the design of the proposed subdivision is consistent with the General Plan standards for uses, density and minimum City Council/RSA Agenda 516 Tuesday, April 25, 2023
Planning Commission Resolution No. 4-23
ADA-23-001
ATM-23-001

Page 4 of 5 ends

parcel size and consistent with the Station District standards for streets and parks; and

12.That the project site is physically suitable to accommodate the type of proposed development because the 26.5 acre infill site is relatively level, surrounded by urban development, and has access to necessary utilities and services to support the proposed mixed use development; and

13.That the project site is physically suitable to accommodate the proposed density of development because the 26.5 acre infill site is relatively level, surrounded by urban development, and has access to necessary utilities and services to support the proposed density; and

14.That, as conditioned, the design of the subdivision as amended and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because, as documented in the EIR for the project, mitigation measures have been included to mitigate all potential significant environmental impacts to less than significant levels; and

15.That, as conditioned, the design of the subdivision as amended or type of improvements are not likely to cause serious public health problems because as documented in the EIR for the project, mitigation measures have been included to mitigate all potential significant environmental impacts to less than significant levels, including mitigation measures to address the presence of hazardous materials; and

16.That, as conditioned, the design of the subdivision as amended or the type of improvements will not conflict with any public easements because plans were referred to the relevant public agencies and no conflicts with any public easements were reported; and
Tentative Tract Map – Section 17.20.100 of the Union City Municipal Code

17.The amendments to the design, density and improvements of the proposed subdivision as amended are consistent with the General Plan 2040 and the Station District Specific Plan and the SEMU-R zoning provisions, specifically the minimum lot size and dimensions; and

18.The site is physically suitable for the development because the 26.5 acre infill site is relatively level, surrounded by urban development, and has access to necessary utilities and services to support the proposed density.

BE IT FURTHER RESOLVED THAT THE Planning Commission of the City of Union City hereby recommends City Council approval of ADA-23-001 as set forth in Exhibit A, and ATM-23-001 as set forth in Exhibit B with the following amendment to condition of approval no. 1 included in Resolution No. 5777-21 to read as follows:

City Council/RSA Agenda 517 Tuesday, April 25, 2023
Planning Commission Resolution No. 4-23
ADA-23-001
ATM-23-001

Page 5 of 5 ends

1. The Final Tract Map shall be in substantial conformance with Tentative Tract Map 8251, as shown in Exhibit A, including Sheets C-1 through C-11, SP 1 through SP 6, and L1 through L 12, except as they may be modified by other conditions of approval listed below.
a. An Amendment to Tentative Tract Map 8251, as shown on Exhibit B, including Sheets C-1A, C-5A, and C-5B, approved by the City Council on April 25, 2023, shall modify the Tentative Tract Map 8251 approved on June 8, 2021.
b. Parcel G shall include an irrevocable offer of dedication for a public access easement and easement rights to make improvements.

I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission of the City of Union City held on April 6, 2023 by the following vote:

AYES: 5
NOES: 0
ABSTAINED:

ABSENT:

MOVED:

SECONDED:

APPROVED

LEE GUIO, CHAIRPERSON
ATTEST:

CARMELA CAMPBELL, SECRETARY
City Council/RSA Agenda 518 Tuesday, April 25, 2023
ATTACHMENT 11
PLANNING COMMISSION RESOLUTION NUMBER 5-23

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UNION CITY

RECOMMENDING APPROVAL TO THE CITY COUNCIL OF THE SITE
DEVELOPMENT REVIEW (SD-22-003) FOR PLANNING AREA 4 IN THE STATION

EAST RESIDENTIAL / MIXED USE DEVELOPMENT FOR THE PROJECT SITE (APN: 087-0021-005-02 (portion))
WHEREAS, the Station East Owner LLC, has submitted an application for Site Development Review for Planning Area (PA) 4 consisting of 50 condominium units within the Station East Residential Mixed-Use project; and
WHEREAS, the project site consists of 1.7 acres located between the extensions of 8th Street and 9th Street (APN: 087-0021-005-02 (portion)); and WHEREAS, the project site has a General Plan designation of Station East Mixed Use Residential and a Zoning designation of SEMU-R (Station East Mixed Use Residential); and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the Station East Residential / Mixed Use Project Environmental Impact Report (EIR) (SCH# 2020039032) was prepared and certified for the project on June 8, 2021 by City Council Resolution No. 5774-21, which determined the project would not result in any significant impacts with the incorporation of mitigation measures; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15162, an Addendum to the EIR was prepared to analyze the for changes in the project to determine if the project falls within the scope of the previously certified EIR; and
WHEREAS, on April 6, 2023, the Planning Commission adopted Resolution No. 03-23, recommending that the City Council adopt the Addendum to the Station East Residential / Mixed Use Project EIR; and
WHEREAS, the subject property is part of the larger Station East Mixed Use Residential Project subject to City Council approvals in June 2021 of General Plan Amendment (AG-20-001), Specific Plan Amendment (SP-20-001), Zoning Text Amendment (AT-20-002), Zoning Map Amendment (A-20-001), Development Agreement (DA-20-001), and Tentative Map (TTM-20-001) for the Station East Mixed Use Residential Project consisting of up to 974 dwelling units and 30,800 sq. ft. retail; and City Council/RSA Agenda 519 Tuesday, April 25, 2023
Planning Commission Resolution No. 5-23
SD-22-003
PA 4/Station East Residential

Page 2 of 32 ends

WHEREAS, pursuant to Section 18.76.050 of the Union City Municipal Code, the Planning Commission held a duly noticed public hearing on the proposed Site Development Review (SD-22-003) on April 6, 2022, at which time all interested parties had the opportunity to be heard. The Planning Commission considered the staff report dated April 6, 2022, and all written and oral testimony; and WHEREAS, the project plans are labeled Exhibit A, attached hereto and made a part hereof.

NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Union City does hereby find as follows:

1. That the foregoing recitals are true and correct and made a part of this resolution; and
CEQA

Site Development Review

5. The project is consistent with the General Plan designation of Station East Mixed Use Residential, and applicable General Plan policies. Specifically, the project is consistent with the purpose as stated in the description of the Station East Mixed Use Residential designation to establish a high density, transit-oriented, walkable City Council/RSA Agenda 520 Tuesday, April 25, 2023
Planning Commission Resolution No. 5-23
SD-22-003
PA 4/Station East Residential

Page 3 of 32 ends

residential and commercial district which allows for multi-family residential uses and mixed-use residential uses, with ground floor commercial uses along the site’s major thoroughfares. The project is also consistent with the applicable policies of the Station District Specific Plan as approved by the City Council.

6. The project, as conditioned, is consistent with the purpose of Title 18, which seeks to promote the public health, safety, and general welfare of the people; protect the character and maintain the stability of residential, business and industrial areas; and to promote orderly and beneficial development. The project, as conditioned, is also consistent with the applicable requirements of the SEMU-R Zoning District, including a waiver of parking standards within one-half mile of a major transit stop as required by Government Section 65863.2 and as referenced in UCMC Section

18.37.180.

7. The project, as conditioned, is consistent with the purpose of Site Development Review, which seeks to promote orderly, attractive and harmonious development and the stability of land values. This is accomplished through consistency with the policies in General Plan 2040 and the Station District Specific Plan for the Station East Subarea and the design standards provided in the Station District Specific Plan and Chapter 18.37, SEMU-R.

BE IT FURTHER RESOLVED THAT THE Planning Commission of the City of Union City hereby recommends City Council approval of SD-22-003 as set forth in Exhibit A, based on the following conditions of approval:

Planning Division
General

1. All actual site improvements shall be made and maintained with adherence to the plans, as shown in Exhibit A, except as they may be modified by other conditions of approval listed below.

2. The Site Development Review shall run concurrently with the Term of the Development Agreement approved by Ordinance 886-21. In the event of termination or expiration of the Development Agreement as to any portion of the Property subject to the Site Development Review, the City may deem the Site Development Review terminated as to any such portion of the Property that has not been developed consistent with the Site Development Review.

3. The applicant and/or property owner shall include an annotated copy of the approved conditions with each set of detailed construction plans submitted for plan check review. Notations to the plans shall be made to clearly indicate how all conditions of approval will be or have been complied with. Construction plans shall not be accepted without the annotated final conditions of approval included as a note sheet with each set of plans.

City Council/RSA Agenda 521 Tuesday, April 25, 2023
Planning Commission Resolution No. 5-23
SD-22-003
PA 4/Station East Residential

Page 4 of 32 ends

4. The applicant and/or owner shall apply for and secure building and fire permits for construction. A grading permit may be required prior to issuance of building and fire permits. Plans submitted to the Building Division and Fire Department must demonstrate compliance with all applicable local and State requirements.

5. The final subdivision map shall be recorded prior to issuance of a grading permit from the Public Works Department pursuant to the Tentative Map as approved by Resolution No. 5777-21 on June 8, 2021 and any amendments and prior to grading for development of the subject property.

6. Prior to issuance of a building permit, the applicant and/or property owner shall submit any necessary Final Maps, for condominium purposes, in compliance with Tentative Map Condition No. 8 as approved by Resolution No. 5777-21 on June 8, 2021.

7. Prior to issuance of a building permit, the applicant and/or property owner shall provide Covenants, Conditions and Restrictions (CC&Rs) subject to review and approval by the Economic and Community Development Director that demonstrate compliance with the requirements of the Development Agreement as approved by Ordinance No. 866-21 on June 22, 2021 and any amendments and Tentative Map conditions as approved by Resolution No. 5777-21 on June 8, 2021 and any amendments, including but not limited to:
a. Participation in Master Homeowners’ Association required by Section 2.13 of Development Agreement and Tentative Map Condition No. 6;
b. CC&Rs for the 50-unit development consistent with Tentative Map Condition No. 7 and No. 10;
c. Where not covered by another agreement, maintenance of all storm water pollution prevention measures.
d. In the event the public right-of-way landscaping is not maintained to the satisfaction of the City, the City may, at its option, maintain the landscaping and charge the applicant and/or property owner, its heirs or successors, for the services performed.
e. Any graffiti appearing on the site shall be removed by the applicant or owner within forty-eight hours after discovery. If not removed in a timely manner, the City may, at its option, remove the graffiti and charge the applicant for the services performed.
f. The applicant and/or property management shall ensure that all stoops and balconies are kept clutter-free at all times and are not used by occupants for storage or laundry-drying purposes. Bicycles and recreational equipment shall be stored in the areas dedicated for residential storage purposes.

8. The applicant and/or property owner shall vote affirmatively to annex the project site into Community Facilities District No. 2006-01 or participate in an equivalent financing mechanism reasonably acceptable to the City prior to issuance of a building permit consistent with Section 2.14.1 of the Development Agreement approved by Ordinance No. 866-21 on June 22, 2021 and any City Council/RSA Agenda 522 Tuesday, April 25, 2023
Planning Commission Resolution No. 5-23
SD-22-003
PA 4/Station East Residential

Page 5 of 32 ends

amendments. The applicant and/or property owner shall pay all fees for staff and consultant time and recordation through a title company.

Architecture, Building Materials and Finishes

9. Prior to issuance of a building permit, the applicant and/or property owner shall provide details of all exterior architectural and site features, including but not limited to windowsills, window trim, window mullions/muttons, exterior doors, eaves and overhangs, corbels, metal awnings, gutters, scoring, and exterior lights in the plans submitted for building permit issuance, subject to review and approval by the Economic and Community Development Department. Minor changes to these and similar details may be required to enhance the building frontages.

10. Prior to the issuance of a building permit, the applicant and/or property owner shall submit samples of color palette and exterior materials for review and approval by the Economic & Community Development Department. The color samples shall be full-size brush-outs as opposed to paint chips. Color swatches shall also be provided on the buildings on site for review and approval by the Economic and Community Development Department prior to full painting. Any future amendments or changes to the approved painting schemes shall be submitted to the Economic & Community Development Department for approval prior to the repainting of any buildings or structures on site.

11. The applicant and/or property owner shall provide factory-processed color finishes, such as baked enamel, on all exterior metal surfaces.

12. All rooftop equipment shall be screened from public view. A detail of such screening shall be included in the plans submitted for building permit issuance.

13. Plans submitted for building permit issuance shall not include any ground mounted air conditioning units or ground floor portions of the building, such as columns or utility closets, within the 6’ setback from the property line or within any public utility easements.

Landscaping and Fencing

14. Prior to the issuance of a building permit, the applicant and/or property owner shall submit a final landscape package, which is consistent with the preliminary landscape package except as may be modified by the following requirements and /or other project conditions of approval. Plant species and locations may be adjusted for compatibility, to coordinate with ladder pads, and other considerations. The landscape package shall also be consistent with Chapter

18.112, Water Efficient Landscape, of the Municipal Code and the Landscape Standards Policy Statement. The final landscape plan will be subject to review and approval by the City’s consulting Landscape Architect. Additional fees for consultant’s review and inspection are required to be paid with the building permit fees. A final inspection of the installed landscaping and irrigation shall be completed prior to receipt of any certificate of final occupancy . The applicant and/or property owner shall be responsible for maintaining all irrigation and landscaping and shall replace any dead or dying vegetation for the life of the project.
a. Final landscape plans shall show screening for backflow prevention devices, meters and other above-ground appurtenances to the extent feasible. At initial City Council/RSA Agenda 523 Tuesday, April 25, 2023
Planning Commission Resolution No. 5-23
SD-22-003
PA 4/Station East Residential

Page 6 of 32 ends

planting, additional plants may be required by the Economic and Community Development Director to provide adequate screening.

15. The applicant and/or property owner shall provide a cash deposit in the amount of 50% of the estimated installation cost of the landscaping, up to $10,000.00, in order to ensure installation of the planting shown on the approved landscape plan. The applicant and/or property owner shall enter into a private landscape maintenance contract for the maintenance of the required landscaping for a minimum period of two years after installation. The project landscaping shall be completed, pursuant to the above-stated requirements, prior to receipt of any certificate of final occupancy.

16. The applicant and/or property owner shall provide a detail for all proposed fencing subject to review and approval by the Economic and Community Development Department.

17. Prior to issuance of a building permit, plans for the border with Planning Area (PA) 2 shall include either: 1) an easement or equivalent provided to accommodate shared use of amenities adjacent to the site in PA 2 and removal of the temporary wooden fence when construction of the amenities and adjacent buildings are completed, or 2) a tubular steel fence, subject to the review and approval of the Economic and Community Development Director.

Utilities

18. The applicant and/or property owner shall subsurface all new transformers, switching boxes, and similar appurtenances, or shall screen them with landscaping or by locating them in an enclosure with walls matching the material and color of the nearest building. The enclosure shall include gates of heavy gauge corrugated steel and shall be surrounded by trees, shrubs and climbing vines. The applicant and/or property owner shall arrange the location and treatment of the appurtenances with the gas, electric and communication providers prior to issuance of a building permit. A detail of the transformer screening shall be included on the plans submitted for issuance of a building permit.

19. The applicant and/or property owner shall screen all meters, telecommunications equipment, and appurtenant structures from public view to the satisfaction of the Economic and Community Development Director. A detail of such screening shall be shown on the plans submitted for issuance of a building permit.

20. The applicant and/or property owner shall, at developer’s expense and in conjunction with the City's Community Access Television (CATV) franchise, provide for the complete pre-wiring of the proposed development for the purpose of receiving CATV service from the City's CATV franchise. In addition, the applicant and/or property owner shall install an empty two-inch conduit in all joint trenches within the development and along the street frontages for the sole purpose of City’s future fiber optic line. Junction boxes shall be installed every 200 feet along the conduit route or per industry standard, as approved by the City Engineer This empty two-inch conduit shall be in addition to any conduits installed or provided for use by cable companies for their high-speed fiber. Utility companies may install the needed number of conduits with their own crews or pay the developer’s contractor to do so on their behalf. A site plan and/or trench cross-sections City Council/RSA Agenda 524 Tuesday, April 25, 2023
Planning Commission Resolution No. 5-23
SD-22-003
PA 4/Station East Residential

Page 7 of 32 ends

showing the conduit layout shall be submitted in hard copy and digital formats prior to grading permit issuance.

21. The applicant and/or property owner shall grant an easement to the Alameda County Water District to allow the installation of all backflow prevention devices. The devices shall be screened from public view by landscaping or other approved methods in the area in which the device is located. Landscaping shall blend with existing landscaping and, if necessary, landscaping shall be added in other areas, as required for symmetry. The Alameda County Water District shall sign any plans for screening to ensure conformance with their requirements. The final landscape package shall include landscape screening of any backflow prevention devices.

22. The applicant and/or property owner shall obtain a Union Sanitary District Demolition Permit for the abandonment of any existing sewer laterals prior to site grading or provide documentation showing that this has been done as part of the subdivision improvements required by Tentative Tract Map 8251 approved by Resolution No. 5777-21 on June 8, 2021.

Parking

23. Building permit plans shall include details for a minimum of six (6) bike racks to accommodate at least twelve (12) bicycles on the exterior of the buildings as shown on Exhibit A, subject to review and approval by the Economic and Community Development Department. Prior to receipt of any certificate of final occupancy, the applicant and/or property owner shall install bicycle parking in conformance with the requirements listed in Chapter 18.28, Off-Street Parking and Loading, of the Zoning Ordinance.

Fees

24. Upon issuance of each building permit for each building, the applicant and/or property owner shall pay a Capital Facilities Fee in accordance with the City’s Master Fee Schedule, and as may be modified by Exhibit E to the Development Agreement approved by Ordinance No. 866-21 on June 22, 2021 and any amendments.

25. Upon issuance of each building permit for the residential units, the applicant and/or property owner shall pay a Bedroom Tax in accordance with the City’s Master Fee Schedule, and as may be modified by Exhibit E to the Development Agreement approved by Ordinance No. 866-21 on June 22, 2021 and any amendments.

26. Upon issuance of each building permit for the residential units, the applicant and/or property owner shall pay a Fire Equipment Acquisition Fee in accordance with the City’s Master Fee Schedule, and as may be modified by Exhibit E to the Development Agreement approved by Ordinance No. 866-21 on June 22, 2021 and any amendments.

27. Upon issuance of each building permit for the residential units, the applicant and/or property owner shall pay the General Plan Cost Recovery Fee in accordance with the City’s Master Fee Schedule, and as may be modified by Exhibit E to the Development Agreement approved by Ordinance No. 866-21 on June 22, 2021 and any amendments.

City Council/RSA Agenda 525 Tuesday, April 25, 2023
Planning Commission Resolution No. 5-23
SD-22-003
PA 4/Station East Residential

Page 8 of 32 ends

Miscellaneous

28. The applicant and/or property owner shall be responsible for ensuring that all contractors and subcontractors have obtained a valid City of Union City business license for the duration of the project.

29. Prior to issuance of a building permit,, the applicant and/or property owner shall demonstrate compliance with Section 3.9, Youth Hiring Program, of the Development Agreement approved by Ordinance No. 866-21 on June 22, 2021.

30. Prior to receipt of any certificate of final occupancy, the applicant and/or property owner shall submit a Sign Plan for the project consistent with the Master Sign Program for Station East required by Tentative Map Condition No 28 for Tentative Tract Map 8251 approved by Resolution No. 5777-21 on June 8, 2021, including the location, design, and sign area for each of the building signs consistent with the Master Sign Program and City’s Sign Ordinance (Chapter 18.30 of the Municipal Code), allowed building sign materials, maximum letter height, illumination details (if any), and references to applicable requirements listed in the City’s Sign Ordinance.

31. Solid waste, recycling, and organic recycling containers shall be placed for collection service at the street staging area no earlier than sunset of the day preceding the day designated for collection and moved from the place of collection prior to midnight of the day the containers have been emptied in accordance with the Time of Placement of Containers prescribed in the Union City Municipal Code Section 7.04.061 (B).

32. Prior to issuance of a building permit, a photometric/lighting plan shall be submitted showing adequate lighting levels in pedestrian areas, including the property street frontages, to the satisfaction of the Police Department, Economic and Community Development Department and Public Works Department. All lighting fixtures other than street lights shall be of an architectural design that compliments the development, coordinates with other developments in Station East, and shall be fitted with glare shields to ensure light is down-directed and minimize overflow of lighting onto adjacent properties and the streets. The style and design of all light fixtures in the public right-of-way shall be reviewed and approved by the City Engineer; all other light fixtures shall be approved by the Economic & Community Development Department.

Building Division

33. The applicant and/or property owner shall provide to the Building Department an eight and a half inch by eleven inch addressed site plan of the complex prior to the issuance of a building permit.

34. Any construction shall fully comply with the current adopted California Building Standards Code in effect at the time of building permit issuance.

35. The applicant and/or property owner shall provide detailed construction plans (working drawings) and structural calculations to the Building Division for plan review prior to issuance of a building permit. Plans and supporting documents shall be prepared by a California state-licensed architect or engineer. Upon City Council/RSA Agenda 526 Tuesday, April 25, 2023
Planning Commission Resolution No. 5-23
SD-22-003
PA 4/Station East Residential

Page 9 of 32 ends

completion of the plan check, all applicable fees shall be paid and a building permit issued prior to commencement of any actual construction work on-site.

36. Field Testing and Certification shall be done under the supervision of a professional engineer experienced (California licensed) in the design and testing of acoustical systems and barriers. Test results, which demonstrate that minimum sound insulation requirements have been met, shall be submitted to the Building Official for review and approval prior to receipt of any certificate of final occupancy.

37. The buildings and site shall be designed to be accessible to persons with physical disabilities in accordance with California State Disabled Access Regulations, including but not limited to pedestrian crossings of private streets.

38. The applicant and/or property owner shall maintain the property to be free of litter, weeds, debris, etc., both before and after issuance of building permits.

Daily litter and debris collection rounds shall be conducted on the site and an adequate number of landfill (garbage), recycling and compost (organics) receptacles shall be provided to minimize litter accumulation and ensure sourceseparation of materials.

39. The applicant and/or property owner shall comply with the Construction and Demolition Ordinance 576-01 to divert recyclable debris away from landfills. The applicant and/or property owner shall submit a completed Construction and Demolition Waste Management Plan with their application for a construction or demolition permit.

40. The applicant and/or property owner shall remove any graffiti appearing on the site within forty-eight (48) hours after discovery. If not removed in a timely manner, the City may, at its option, remove the graffiti and charge the property owner a fee for the services performed.

41. The applicant and/or property owner shall not locate construction debris boxes within the public right-of-way (ROW), driveways or on adjacent private properties.

42. A soils reports shall be provided for the project site. The proposed building foundation design shall be reviewed by either the Geotechnical Engineer or Civil Engineer who prepared the soils investigation. A letter shall be provided to the Building Division that is stamped and signed by the engineer that verifies the foundation design has been reviewed and found to be in conformance with the soil report requirements.

43. Prior to requesting a foundation inspection from the City, the Geotechnical Engineer or Civil Engineer who prepared the soil investigation shall provide a field report in writing, which shall state that the building pads were prepared and compacted in accordance with the soil report and specifications, and that the foundation and/or pier excavation, depth, backfill materials, and drainage, substantially conforms with the soil report and approved plans.

44. Prior to the final inspection for the buildings, the Geotechnical Engineer or Civil Engineer who prepared the soil investigation shall issue a final report in writing stating the completed pad, foundations, finished grading, drainage, and associated City Council/RSA Agenda 527 Tuesday, April 25, 2023
Planning Commission Resolution No. 5-23
SD-22-003
PA 4/Station East Residential

Page 10 of 32 ends

site work substantially conforms with the approved plans, specifications, and investigation.

45. Prior to issuance of a building permit, the applicant and/or property owner shall submit to the Building Division a site survey to establish the location of all property lines on the project site and pad elevation. A California-licensed civil engineer or surveyor shall prepare the site survey. If required by the Chief Building Official, the property lines shall be properly marked in the field prior to the first building inspection.

46. In the event the City is unable to accommodate the applicant’s/owner’s proposed construction schedule, the applicant/owner may be required to fund third party inspection services approved by the Building Division to augment City staffing levels.

Fire Department

47. The project shall comply with the California Building and Fire Codes and current and local ordinances in effect at the time of building permit submittal.

48. The project shall include installation of a National Fire Protection Association (NFPA) 13 Fire Sprinkler System and NFPA 72 Fire Alarm System.

49. Plans submitted for building permit issuance, shall identify the locations of Knox boxes, fuel Sallyport for fire pump (if required), Fire Department connections, Fire Alarm Control Panel, enunciators and related equipment, any exterior stairwells, and roof access to the satisfaction of the Fire Department.

50. A Fire Protection Engineer shall prepare the drawings and calculations related to fire service for the building, subject to the review and approval of the Fire Marshal. A peer review may be required prior to issuance of a building permit.

51. Prior to issuance of a building permit, the ability to meet the fire flow requirements shall be verified by Alameda County Water District within one (1) year of testing, and any improvements necessary to provide required fire flow to the site shall be completed to the satisfaction of the Fire Marshal.

52. Plans submitted for building permit issuance shall show ladder pads for review by the Fire Marshal.

53. Fire hydrants shall be placed in a loop system and located on the same side of the street as the development. An additional hydrant shall be located between Buildings 2 and 5 in addition to the hydrants shown in Exhibit A. Plans submitted for building permit issuance shall show compliance with these requirements.

54. Fire lane identification will be required when it is necessary to restrict parking of vehicles in order to maintain the required width of fire access roadways for emergency vehicle use.

55. Areas designated as a fire lane shall be identified by painted red curbs and related signage posted immediately adjacent, which states “Fire Lane – No Parking”. Submitted plans shall detail location of red curbs.

56. Plans submitted for building permit issuance shall identify all Fire Department Connection (FDC) locations on the exterior, in stairwells, and/or on the roof to the satisfaction of the Fire Marshal. All FDCs shall be located facing the public street.

City Council/RSA Agenda 528 Tuesday, April 25, 2023
Planning Commission Resolution No. 5-23
SD-22-003
PA 4/Station East Residential

Page 11 of 32 ends

57. Standard road widths shall be measured from inside the curb and will comply with the current edition of the California Fire Code. The through portion of the fire access roadway between L Street and 9
th Street shall be no less than 26
feet in width. The dead end stub from the through fire access roadway shall be no less than 24 feet. The fire access roadway between Buildings 5 and 6 shall be no less than 22 feet.

58. The Fire Alarm Control Unit (FACU) shall not be co-located within the building electrical meter closets.

59. If a fire pump is required, plans submitted for building permit issuance shall indicate the diesel refueling shall be either through a sally port on a vertical wall five (5) feet from any opening and/or a below grade utility vault.

60. Prior to receipt of any certificate of final occupancy, the applicant/property owner shall be financially responsible to evaluate the building capability for allowing Fire and Police public safety 2-way radio transmissions to occur in all portions of the building. If radio transmission deficiencies are identified, the developer shall be responsible for implementing an enhanced public safety radio amplifier/repeater system inside and/or outside the building at no cost to the City, to the satisfaction of the Police Department.

61. Any welding or cutting operations shall require a hot work permit.

Police Department

62. The applicant and/or property owner shall use solid core doors for all exterior man doors. When allowed by code, all such doors shall have a bolt lock with minimum 1" throw. Plans submitted for building permit issuance shall document compliance with this condition.

63. The applicant and/or property owner shall equip the front entry doors with minimum 180-degree door viewers. Plans submitted for building permit issuance shall document compliance with this condition.

64. The applicant and/or property owner shall provide illuminated addressing at the main building entry with 4" high illuminated numerals and, for the main building entry, painted addressing on curbs. Numeral color shall be contrasting to background color. Plans submitted for building permit issuance shall document compliance with this condition.

Environmental Programs Division

65. Prior to issuance of a grading permit, the applicant and/or property owner shall provide documentation showing that any fill proposed for on-site consists of clean dirt that meets residential environmental screening levels for shallow soil, subject to the review and approval of the Environmental Programs Division.

Public Works Department
Miscellaneous Improvements

66. The applicant and/or property owner shall provide drainage facilities to carry storm water runoff in the area to be developed. The applicant and/or property owner shall submit a drainage plan, including hydrologic and hydraulic calculations, to the City Engineer for review and approval.

City Council/RSA Agenda 529 Tuesday, April 25, 2023
Planning Commission Resolution No. 5-23
SD-22-003
PA 4/Station East Residential

Page 12 of 32 ends

67. The applicant and/or property owner shall ensure that any proposed streetlights are located at least 5 feet from proposed driveways, in accordance with City Standards. Show details on required photometric plan required by Condition No. 32.

68. The applicant and/or property owner shall design all improvements in the City right-of-way in conformance with current City standards.

69. Prior to issuance of any permit, the applicant and/or property owner shall submit a Construction Staging Plan that includes traffic control plan for any activities that may impact traffic flow on public streets, subject to approval of the City Engineer. Such activities shall not begin until the traffic control plan has been approved and implemented in the field. Construction-related impacts during construction, such as pedestrian access through the construction zone of this project, must be in accordance with Americans with Disabilities Act (ADA) guidelines.

70. Plans submitted for building permit issuance shall identify curb markings and signage for one “flex zone” on 8th Street in front of Building #2 just south of the walkway between Buildings 1 and 2, subject to review and approval by the Public Works Director.

71. Improvements in the public right-of-way shall be consistent with the Tentative Map for Tract 8251 pursuant to Resolution No. 5777-21 approved on June 8, 2021 and any amendments and subsequent plans for subdivision improvements.

72. Prior to issuance of a building permit or grading permit, plans shall be consistent with the Tentative Map for Tract 8251 pursuant to Resolution No. 5777- 21 approved on June 8, 2021 and any amendments and subsequent plans for subdivision improvements. In the event of any discrepancies between the Tentative Map approved June 8, 2021 and later amendments, plans shall be in substantial conformance with the latest amendment.

Utilities

73. The applicant and/or property owner shall install all public utilities in the Public Utility Easement or in the public right-of-way. No public utilities shall be installed on private property without appropriate easements.

74. The applicant and/or property owner shall dedicate a Public Utility Easement behind the right-of-way on private property for utilities such as Pacific Gas & Electric (PG&E), AT&T, Comcast cable and any fiber optic providers, as needed.

75. The applicant and/or property owner shall underground all new utility lines underground. No new overhead services to the development or overhead extensions of main lines will be permitted.

76. The applicant and/or property owner shall provide all public utility and access easements for the development to the satisfaction of the City Attorney and the Director of Public Works, including but not limited to provisions that require the property owner to be responsible for restoring the property to its former condition as nearly as possible following work within the easement which excavated or otherwise disturbed or damaged the easement area.

City Council/RSA Agenda 530 Tuesday, April 25, 2023
Planning Commission Resolution No. 5-23
SD-22-003
PA 4/Station East Residential

Page 13 of 32 ends

77. The applicant and/or property owner shall contact the Union Sanitary District at (510) 477-7500 to determine sewer service and permit requirements.

78. The applicant and/or property owner shall contact the Alameda County Flood Control and Water Conservation District to determine any approval requirements.

Trees

79. The applicant and/or property owner shall ensure that trees planted within 10 feet of any paved or concrete area include a root control barrier and deep watering sleeve, the design of which shall be subject to approval by the Public Works Department.

80. Unless all trees that are proposed for removal are removed as part of the subdivision improvements for Tentative Tract Map 8251 approved by Resolution No. 5777-21 on June 8, 2021, the applicant and/or property owner shall obtain a Tree Removal permit from the Public Works Department prior to proceeding with any tree removal associated with demolition and grading operations.

Permits, Agreements, and Fees

81. The applicant and/or property owner shall secure an Encroachment Permit from the Public Works Department for all work in the public right-of-way. The applicant and/or property owner shall be responsible for any required repairs associated with the development, including paving, trenching, curbs and gutters, sidewalks, street lights, or installation of same where not existing, as determined by the City Engineer.

82. The applicant and/or property owner shall pay all Public Works Department fees such as Plan Check & Inspection fees, Traffic Signalization fee, Grading Permit Fee (and associated bonds), and Encroachment Permit fee. Except for the Encroachment Permit fee, all other fees shall be paid prior to the issuance of the Grading Permit as may be modified by Exhibit E to the Development Agreement approved by Ordinance No. 866-21 on June 22, 2021 and any amendments.

83. The applicant and/or property owner shall pay a fee and post a Bond for all work in the public right-of-way, including trenching, roadwork, concrete, striping and work related to intersection and traffic signal modifications, etc.

84. The applicant and/or property owner shall provide a detailed breakdown of the engineer’s estimate for all on-site work including grading, storm drainage facilities, stormwater treatment facilities, street structural section including paving, pavers, sidewalk, curb & gutter, lighting and landscaping. The Plan Check & Inspection Fees will be based upon this estimate.

85. The applicant and/or property owner shall pay a Traffic Signalization Fee in the amount prescribed for the 50 multi-family units in the Master Fee Schedule, and as may be modified by Exhibit E to the Development Agreement approved by Ordinance No. 866-21 on June 22, 2021.

86. Prior to proceeding with any demolition and grading operations, the applicant and/or property owner shall apply for a Grading Permit, pay a fee and post a Grading Permit Bond, which will be based upon the final estimate of the number of cubic yards of dirt estimated to be moved, including cut, fill and import, etc.

City Council/RSA Agenda 531 Tuesday, April 25, 2023
Planning Commission Resolution No. 5-23
SD-22-003
PA 4/Station East Residential

Page 14 of 32 ends

87. The applicant and/or property owner shall place a copy of the approved Public Works conditions of approval on the grading plans released to the contractor.

88. The applicant and/or property owner shall ensure that on-site and off-site construction activity complies with Section 9.40.053 of the Union City Municipal Code, and is limited to the following hours:

Monday through Friday - 8:00 a.m. to 8:00 p.m.

Saturday - 9:00 a.m. to 8:00 p.m.

Sundays & Holidays - 10:00 a.m. to 6:00 p.m.

Stormwater

89. The applicant and/or property owner shall ensure that the project complies with the most current requirements of the Alameda County Clean Water Program (ACCWP) as detailed in the California Regional Water Quality Control Board’s (RWQCB) San Francisco Bay Region Municipal Regional Stormwater Permit (MRP 2), Order R2-2022-0018, NPDES Permit No. CAS612008, dated May 11, 2022.

90. The applicant and/or property owner shall submit the ‘Applicability of C.3 and C.6 Stormwater Requirements’ checklist demonstrating that the project meets the requirements of the Municipal Regional Stormwater Permit (MRP) for approval by the City Engineer.

91. The applicant and/or property owner shall enter into a storm water treatment measures maintenance agreement with the City of Union City assuring both the responsibility for the post-construction operation and maintenance (O&M) of any non-Low Impact Development (LID) treatment measures installed on the lot as well as the access by public agency personnel strictly for the purpose of O&M verification. The applicant may propose to include the maintenance of the non-LID filtration system in the O&M for the entire development if the timing of the proposed mechanical unit installation on PA4 will work with the development of the roadway infrastructure and the associated LID stormwater treatment measures, such as the bio-treatment basins. This maintenance agreement shall be recorded by the property owner at the Alameda County Recorder's Office. An O&M Plan and an annual Inspection Report for storm water treatment measures shall be provided for review and approval by the Public Works Department, Environmental Programs Division in compliance with the California RWQCB Order R2-2015-0049, NPDES Permit No. CAS612008, dated November 19, 2015, or the latest edition in affect at the time of issuance of the grading permit. A sample ‘boiler plate’ version of this agreement prepared by the City Attorney is available from the Public Works Department for use on this project.

92. The applicant and/or property owner shall install a full waste trash capture device (TCD), as approved by the City Engineer, at all new storm drain structures just prior to connection with the public storm drain system. TCDs shall also be installed at all new and existing storm drain inlets located along the perimeter of the development in order to prevent solid waste from entering the public storm drainage system.

City Council/RSA Agenda 532 Tuesday, April 25, 2023
Planning Commission Resolution No. 5-23
SD-22-003
PA 4/Station East Residential

Page 15 of 32 ends

93. The applicant and/or property owner, prior to issuance of grading and/or building permits, shall submit a plan showing the proposed measures to minimize impacts to water quality in conformance with the requirements of the Alameda Countywide Clean Water Program. Project plans and specifications for Storm Water controls shall be prepared and stamped by a California licensed Professional Engineer who is also a Qualified Stormwater Designer (QSD).

94. The applicant and/or property owner shall ensure that the design of any Stormwater quality treatment measures incorporated in the project must include the treatment control design guidance for vector control (Alameda Countywide Clean Water Program’s Vector Control Plan).

95. The applicant and/or property owner shall ensure that the storm water treatment devices proposed are consistent with the information in the hydraulics report that was prepared for the entire development. For example, if additional nonLID filter units are proposed than previously anticipated, clarify if such changes would require the overall hydraulics report for the entire development to be updated to reflect these changes, prior to the approval of the site plan for this PA, subject to review and approval of the City Engineer.

Stormwater “During Construction” Best Management Practices (BMPs)

96. The following BMPs relating to construction site controls shall be implemented during construction activities. These BMPs shall be shown as notes on the approved grading and building permit plan sets:
a. The applicant and/or property owner shall ensure compliance with all BMPs by making sure that all contractors, subcontractors and suppliers are aware of all storm water pollution prevention measures and their implementation requirements.
b. The applicant and/or property owner shall ensure that concrete/gunite supply trucks or concrete/plaster and finishing operations discharge washout water into a designated cleanout area, designed to prevent pollutants from entering the storm water and/or sanitary sewer system.
c. The applicant and/or property owner shall ensure that discharge restrictions shall also apply to the operation of general construction machinery including masonry cutting equipment, and the washing of tools, brushes, containers, etc. These operations shall not be performed in the street, gutter, or where pollutants can enter the storm water system. Failure to comply with the approved construction requirements will result in the issuance of correction notices, citations, or project stop work orders. d. The applicant and/or property owner shall minimize the removal of natural vegetation or ground cover from the site in order to minimize the potential for erosion and sedimentation problems. All cut and fill slopes shall be stabilized as soon as possible after completion of grading. No site grading shall commence unless approved erosion control measures are in place.

City Council/RSA Agenda 533 Tuesday, April 25, 2023
Planning Commission Resolution No. 5-23
SD-22-003
PA 4/Station East Residential

Page 16 of 32 ends

e. The applicant and/or property owner shall install filter materials (sand bags, filter fabric, straw wattle, etc.) at the storm drain inlet nearest the downstream side of the project site prior to:

1. Start of the rainy season (October 1st);

2. Site dewatering activities;

3. Street washing activities; and

4. Saw cutting asphalt or concrete.

Filter materials shall be maintained and/or replaced as necessary to ensure effectiveness and prevent street flooding. Filtered particles shall be disposed of in an appropriate manner based upon constituents.
f. The applicant and/or property owner shall gather all construction debris on a regular basis and place in a dumpster or other container, which is emptied or removed at a minimum on a weekly basis. When appropriate, tarps shall be used on the ground to collect falling debris, paint over-spray, etc. that could contribute to storm water pollution.
g. The applicant and/or property owner shall ensure that solid waste enclosures and/or recycling containers, paved outdoor storage, staging, or lay down areas shall be designed and constructed to prevent pollutants from entering storm drain system.
h. The applicant and/or property owner shall ensure the availability of a contained and covered area on the site for the storage of bags of cement, paints, flammables, oils, fertilizers, pesticides or any other materials used on the project site that have the potential of becoming a pollutant and/or being discharged to the storm drain system.
i. The applicant and/or property owner shall ensure that dirt, gravel, debris and green waste shall be removed from the sidewalk, street pavement, and storm drains adjoining the project site. These areas shall be broom swept on a daily basis. Caked on mud or dirt shall be scraped before sweeping. During wet weather, the applicant and/or property owner should avoid excavation and other activities that lead to pollutants entering storm water such as driving vehicles on unpaved areas, etc. j. The applicant and/or property owner shall ensure that outdoor washing or pressure washing shall be managed to prevent pollutants from getting into storm water and/or into the storm drain system. k. The applicant and/or property owner shall ensure that On-site storm drain inlets shall be labeled “No Dumping - Drains to Bay” using a stencil approved by the Public Works Department.

97. The applicant and/or property owner shall maintain a program of dust control, to the satisfaction of the Public Works Director, to prevent air pollution as well as discomfort or damage to adjacent properties. The dust control program shall include the following BMPs recommended by the Bay Area Air Quality Management District:
a. Water all active construction areas at least twice daily.

City Council/RSA Agenda 534 Tuesday, April 25, 2023
Planning Commission Resolution No. 5-23
SD-22-003
PA 4/Station East Residential

Page 17 of 32 ends

b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. c. Pave, apply water three times daily to all unpaved areas on the site, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites.
d. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites.
e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets.
f. Protect the closest downstream inlet with filter fabric inserts and sand/gravel bags and maintain it during the course of the project.

Mitigation Measures (pursuant to the California Environmental Quality Act [CEQA]) as required by Resolution No. 5772-21 adopted June 8, 2021 certifying the Environmental Impact Report for the Station East Residential / Mixed Use Project and adopted a Mitigation and Monitoring Program.

98. Mitigation Measure AQ-2a: Require Low-Volatile Organic Compounds (VOC) Coatings During Construction. The project applicant shall require their contractors, as a condition of contract, to reduce construction-related fugitive Reactive Organic Gases (ROG) emissions by ensuring that low-VOC coatings that have a VOC content of 10 grams/liter (g/L) or less are used during construction.

Prior to permit issuance, the project applicant shall submit evidence to the City regarding the use of low-VOC coatings to the City.

99. Mitigation Measure AQ-2b: Use Clean Diesel-Powered Equipment During Construction to Control Construction-Related Emissions. The project applicant shall ensure that all off-road diesel-powered equipment used during construction is equipped with Environmental Protection Agency (EPA)-approved Tier 4 Final engines. Prior to permit issuance, the project applicant, in coordination with the construction contractor, shall submit evidence to the City regarding the use of EPA-approved Tier 4 Final engines or cleaner for project construction. 100. Mitigation Measure AQ-2c: Require Use of Diesel Trucks with 2010- Compliant Model Year Engines. The project applicant shall ensure that contractors, as a condition of contract, to use diesel trucks that have 2010 model year or newer engines, but no less than the average fleet mix for the current calendar year as set forth in the California Air Resources Board’s (CARB’s) Emission Factor (EMFAC) 2017 model database. In the event that 2010 model year or newer diesel trucks cannot be obtained, the project applicant, in coordination with the construction contractor, must provide documentation to the City showing that a good faith effort to locate such engines was conducted, such as outreach to at least two vendors. Prior to permit issuance, the project applicant shall submit evidence compliance with this mitigation measure to the City. 101. Mitigation Measure AQ-2d: Implement Bay Area Air Quality Management District (BAAQMD) Basic Construction Mitigation Measures.

The project applicant shall require all construction contractors to implement the City Council/RSA Agenda 535 Tuesday, April 25, 2023
Planning Commission Resolution No. 5-23
SD-22-003
PA 4/Station East Residential

Page 18 of 32 ends

basic construction mitigation measures recommended by BAAQMD. The emissions reduction measures shall include, at a minimum, all of the following: Prior to permit issuance, the project applicant shall provide documentation that these basic construction measures are reflected in all construction contracts.
• All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, unpaved access roads) will be watered two times a day. • All haul trucks will be covered when transporting soil, sand, or other loose material offsite.
• All visible mud or dirt track-out material on adjacent public roads will be removed using wet-power vacuum-type street sweepers at least once a day. The use of dry-power sweeping is prohibited.
• All vehicle speeds will be limited to 15 miles per hour on unpaved roads.
• All roadways, driveways, and sidewalks that are to be paved will be paved as soon as possible. Building pads will be laid as soon as possible after grading, unless seeding or a soil binder is used. • All construction equipment will be maintained and properly tuned in accordance with manufacturers' specifications. All equipment will be checked by a certified visible-emissions evaluator.
• Idling times will be minimized, either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure).
• Publicly visible signs will be posted with the telephone number and name of the person to contact at the lead agency regarding dust complaints.

This person will respond and take corrective action within 48 hours.

BAAQMD's phone number will also be visible to ensure compliance with applicable regulations.
102. Mitigation Measure AQ-2e: Require Low-VOC Coatings during Operation. The project applicant shall require their contractors, as a condition of contract, to reduce operation-related fugitive ROG emissions by ensuring that lowVOC coatings that have a VOC content of 10 grams/liter (g/L) or less are used during operation.
103. Mitigation Measure AQ-2f: Require Use of Green Consumer Products during Operation. The project applicant shall provide education for residential and commercial tenants concerning green consumer products. Prior to receipt of any certificate of final occupancy, the project applicant shall work with the City of Union City to develop electronic correspondence to be distributed by email to new residential and commercial tenants that require the purchase of consumer products that generate lower than typical VOC emissions. Examples of green products may include low-VOC cleaning supplies and consumer products. 104. Mitigation Measure AQ-2g: Purchase of Mitigation Credits for Emissions Exceeding BAAQMD’s Daily Pollutant Thresholds. The project applicant shall provide annual operational emissions estimates to the City for review prior to receipt of any certificate of final occupancy of new buildings.

City Council/RSA Agenda 536 Tuesday, April 25, 2023
Planning Commission Resolution No. 5-23
SD-22-003
PA 4/Station East Residential

Page 19 of 32 ends

Average annual emissions shall be forecasted for each operational year over the life of the project (30 years). Emissions shall be calculated using BAAQMDaccepted emissions model and project-specific land use and design features.

Should the proposed development not result in operational emissions exceeding BAAQMD’s daily pollutant thresholds, the project would result in less-thansignificant air quality impacts during operation and no further action would be required.

If it is shown that the project would result in exceedances of thresholds during any year of the project’s life, the project applicant shall pay a mitigation offset fee pursuant to BAAQMD’s emission reduction credit or interchangeable emission credit program, in an amount to be determined prior to the first year of exceedance over the life of the project (30 years). All fees for such credits shall be paid by the project applicant prior to the receipt of any certificate of final occupancy. If, at the time of the certificate of occupancy for the final building is issued, the project applicant demonstrates there are no exceedances, no further action shall be required.
105. Mitigation Measure BIO-1a: Burrowing Owl Protection. The project applicant shall implement the following measures prior to any construction activities:
• If construction activities occur between April and August, the project applicant shall retain a qualified biologist* to conduct preconstruction surveys for burrowing owl 14 days prior to and within 24 hours of the start of construction activities.
• If an active burrow is identified, an appropriate no-disturbance buffer zone shall be established that extends a minimum of 250 feet around the burrow, and construction activities shall be prohibited within this zone during the nesting season (April through July).
• Buffers may be modified based on the opinion of the biological monitor and in coordination with California Department of Fish and Wildlife (CDFW) taking into consideration site specific conditions (e.g., line of sight to activities, specific activities taking place).
• Representatives of the CDFW shall be consulted to determine whether the nest burrow should be protected and a permanent buffer established or whether the nest site may be destroyed once the young have fled.
• Construction activities within the buffer zone shall not proceed until the qualified biologist has determined that the owls have fled and the nest can be destroyed or a CDFW-approved relocation plan is successfully implemented.
* The experience requirements for a “qualified biologist” shall include a minimum of 4 years of academic training and professional experience in biological sciences and related resource management activities, and a minimum of 2 years of experience conducting surveys for each species that may be present within the project area.

City Council/RSA Agenda 537 Tuesday, April 25, 2023
Planning Commission Resolution No. 5-23
SD-22-003
PA 4/Station East Residential

Page 20 of 32 ends

106. Mitigation Measure BIO-1b: Bat Protection. The project applicant shall implement the following measures prior to any construction activities:
• The project applicant shall retain a qualified biologist to conduct preconstruction surveys and implement protective measures for hoary bat, pallid bat, Townsend’s big-eared bat, and other roosting bats. At least 2 months prior to the demolition of the existing buildings and structures, a qualified biologist shall conduct an initial daytime survey to assess the building for potential bat roosting habitat, and to look for bats and bat sign.

Qualified biologists shall have knowledge of the natural history of the species that could occur and sufficient experience determining bat occupancy and bat survey techniques. The qualified biologist shall examine both the inside and outside of the building and structures for potential roosting habitat, as well as routes of entry to the building and structures.

Locations of any roosting bats, signs of bat use, and entry and exit points shall be noted and mapped on a drawing of the buildings and structures.

Roost sites shall also be photographed as feasible. Depending on the results of the habitat assessment, the following steps will be taken as described below.
• If the building and structures can be adequately assessed (i.e., all areas of the building and structures can be examined) and no habitat or limited habitat for roosting bats is present and no signs of bat use are present, a preconstruction survey of the interior and exterior of the buildings and structures by a qualified biologist shall be conducted within 24 hours of demolition.
• If moderate or high potential habitat is present but there are no signs of bat use, the project applicant shall implement measures under the guidance of a qualified biologist to exclude bats from using the buildings and structures as a roost site, such as sealing off entry points. Prior to installing exclusion measures, a qualified biologist shall re-survey the buildings and structures to ensure that no bats are present. Additionally, a preconstruction survey of the interior and exterior of the building and structures shall be conducted within 24 hours of demolition to confirm that no bats are present.
• If moderate or high potential habitat is present and bats or bat sign are observed, or if exclusion measures are not installed as described above, or the buildings and structures provides suitable habitat but could not be adequately assessed, the following protective measures shall be implemented.
o Follow-up surveys shall be conducted to determine if bats are still present. If species identification is required by the California Department of Fish and Wildlife (CDFW), surveys using night vision goggles and active acoustic monitoring using full spectrum bat detectors shall be used. A survey plan (number, timing, and type of surveys) shall be determined in coordination with CDFW.
o Based on the timing of demolition, the extent of bat sign or occupied habitat, and the species present (if determined), the qualified biologists shall work with the City and CDFW to develop a plan to discourage or City Council/RSA Agenda 538 Tuesday, April 25, 2023
Planning Commission Resolution No. 5-23
SD-22-003
PA 4/Station East Residential

Page 21 of 32 ends

exclude bat use prior to demolition. The plan may include installing exclusion measures or using light or other means to deter bats from using the buildings and structures to roost.
o A preconstruction survey of the interior and exterior of the buildings and structures shall be conducted within 24 hours of demolition. • Depending on the species of bats present, size of the bat roost, and timing of the demolition, additional protective measures may be necessary.

Appropriate measures shall be determined in coordination with the CDFW and may include measures listed below.
o To avoid impacts on maternity colonies or hibernating bats, the buildings and structures shall not be demolished while bats are present, generally between April 1 and September 15 (maternity season) and from October 30 to March 1 (hibernation).
o Removal of roosting habitat shall only occur only following the maternity season and prior to hibernation, generally between September 15 and October 30, unless exclusionary devices are first installed (as described below). Other measures, such as using lights to deter bat roosting, may be used if developed in coordination with and approved by CDFW.
o Installation of exclusion devices shall occur before maternity colonies establish or after they disperse, generally from March 1 –30 or September 15–October 30 to preclude bats from occupying a roost site during demolition. Exclusionary devices shall only be installed by or under the supervision of a qualified biologist.
o The project applicant shall implement the following measures prior to tree removal or trimming:
• Project applicant(s) shall avoid impacts on maternity colonies or hibernating bats if identified by avoiding tree removal between April 1 and September 15 (maternity season) and between October 30 and March 1 (hibernation) to the extent feasible.
• No more than 2 weeks prior to the start of tree removal or trimming, a qualified biologist shall examine the trees that are to be removed or trimmed to identify suitable bat roosting habitat. Highquality habitat features (e.g., large tree cavities, basal hollows, loose or peeling bark, larger snags) shall be identified, and the area around these features shall be searched for bats and bat sign (e.g., guano, culled insect parts, staining). If the qualified biologist concludes that the trees do not provide suitable bat roosting habitat, no further actions are necessary and tree removal or trimming may commence.

Page 22 of 32 ends

detectors shall be used during emergence surveys to assist in species identification. All emergence surveys shall be conducted during favorable weather conditions (i.e., calm nights with temperatures conductive to bat activity [55 degrees and above] and no precipitation). If it is found that roosting special-status bats are present, protective measures determined by the qualified biologist in coordination with CDFW shall be implemented, as needed (see previous description for the types of measures). The CDFW may require compensatory mitigation for the loss of roosting habitat, depending on the species present and size of the bat roost. Compensation, if required, shall be determined in consultation with the CDFW and may include constructing, installing, or monitoring suitable replacement habitat on-site or near the project site to ensure it functions as intended.
107. Mitigation Measure BIO-1c: Nesting Bird Protection. • To the extent practicable, vegetation and tree removal, structural demolition, and other construction-related activities shall be performed from September 1 through January 31 to avoid the general nesting period for migratory birds protected by the (Migratory Bird Treaty Act) MBTA. • If construction occurs during migratory bird nesting season (February 1 to August 31), the project applicant shall be responsible for the retention of a qualified biologist with demonstrated nesting bird survey experience to conduct a preconstruction nesting bird survey within 7 days prior to the start of construction in areas that have not been previously disturbed by project activities or after any construction breaks of 7 days or more. The survey shall be performed in suitable habitat to locate active passerine and raptor species (birds of prey) within 100 and 300 feet, respectively, of the applicable construction phase area.
• If active nests are located during the preconstruction nesting bird surveys, a qualified biologist shall determine if the schedule of construction activities could affect the active nest; if so, the following measures shall apply, as determined by the qualified biologist:
o If the qualified biologist determines that construction would not affect an active nest, construction may proceed without restriction; however, a qualified biologist shall regularly monitor the nest at a frequency determined appropriate for the surrounding construction activity to confirm that there would be no adverse effect. The frequency of spot check monitoring would be determined on a case-by-case basis, considering the particular construction activity, duration, proximity to the nest, and physical barriers that may screen activity from the nest. The qualified biologist may revise his or her determination at any time during the nesting season, in coordination with the City.
o If it is determined that construction may affect an active nest, the qualified biologist shall establish a no-disturbance buffer around the nest(s), and all project work shall halt within the buffer to avoid disturbance or destruction until the qualified biologist determines that the nest is no longer active. Typically, buffer distances are no less than 50 feet for passerines and no less than 250 for raptors. These are standard buffer distances that State and federal regulators agree on as it is widely City Council/RSA Agenda 540 Tuesday, April 25, 2023
Planning Commission Resolution No. 5-23
SD-22-003
PA 4/Station East Residential

Page 23 of 32 ends

known in the avian community to minimize disturbances to nesting birds.

The buffer size, which can vary with different species, shall be based on species' sensitivity to disturbance, planned work activities in the vicinity of the nest, the level of noise or construction disturbance, the line of sight between the nest and the area(s) of disturbance, ambient levels of noise and other disturbances, and topographical or artificial barriers. o Modifying nest buffer distances, allowing certain construction activities within the buffer, and/or modifying construction methods in proximity to active nests shall be done at the discretion of the qualified biologist, in compliance with the California Fish and Game Code and other applicable laws.
o Any work that must occur within established no-disturbance buffers around active nests shall be monitored by a qualified biologist. If adverse effects in response to project work within the buffer are observed that could compromise the nest, work within the no-disturbance buffer(s) shall halt until the nest occupants have fledged.
o Any birds that begin nesting within the project area and survey buffers amid construction activities are assumed to be habituated to construction-related or similar noise and disturbance levels. Therefore, exclusion zones around nests may be reduced or eliminated in these cases, as determined by the qualified biologist. Work may proceed around these active nests as long as the nests and their occupants are not directly affected.
• Any inactive non-raptor nest on the project site shall be removed by a qualified biologist to deter nesting.
108. Mitigation Measure CUL-2a: Preconstruction Archaeological Sensitivity Training. Prior to the start of any construction activities, a qualified archaeologist shall conduct a preconstruction archaeological sensitivity training to the excavation crew. This training shall include an overview of what cultural resource are and why they are important, archaeological terms (such as site, feature, deposit), project site history, types of cultural resources likely to be uncovered during excavation, laws that protect cultural resources, and the unanticipated discovery protocol.
109. Mitigation Measure CUL-2b: Unanticipated Discovery Protocol. Should an archaeological resource be encountered during project construction activities, the construction contractor shall halt construction within 50 feet of the find and immediately notify the City. Construction activities shall be redirected and a qualified archaeologist, in consultation with the City, shall 1) evaluate the archaeological resource to determine if it meets the CEQA definition of a historical or unique archaeological resource and 2) make recommendations about the treatment of the resource, as warranted. If the resource does meet the CEQA definition of a historical or unique archaeological resource, then it shall be avoided to the extent feasible by project construction activities. If avoidance is not feasible, then adverse effects to the deposit shall be mitigated as specified by CEQA Guidelines Section 15126.4(b) (for historic resources) or Section 21083.2 (for unique archaeological resources). This mitigation may include, but is not limited to, a thorough recording of the resource on Department of Parks and Recreation City Council/RSA Agenda 541 Tuesday, April 25, 2023
Planning Commission Resolution No. 5-23
SD-22-003
PA 4/Station East Residential

Page 24 of 32 ends

Form 523 records, or archaeological data recovery excavation. If data recovery excavation is warranted, CEQA Guidelines Section 15126.4 (b)(3)(C), which requires a data recovery plan prior to data recovery excavation, shall be followed.

If the significant identified resources are unique archaeological resources, mitigation of these resources shall be subject to the limitations on mitigation measures for archaeological resources identified in CEQA Guidelines Sections 21083.2 (c) through 21083.2 (f).
110. Mitigation Measure CUL-3: Handling of Human Remains. In the event that any human remains are encountered during construction activities, work within 50 feet of the discovery shall be redirected and the Alameda County Coroner shall be notified immediately. Concurrently, an archaeologist shall be contacted to assess the situation and consult with the appropriate agencies. If the human remains are of Native American origin, the coroner shall notify the Native American Heritage Commission (NAHC) within 24 hours of this identification in accordance with section 5097.98 of the California Public Resources Code, and section 7050.5 of the California Health and Safety Code, as applicable. The NAHC shall identify a most likely descendant to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods. 111. Mitigation Measure GEO-7: Paleontological Monitoring and Mitigation Plan. Prior to initial ground disturbance in previously undisturbed strata of geologic units, the applicant shall retain a Qualified Paleontologist, as defined by the Society of Vertebrate Paleontology, to direct all mitigation measures related to paleontological resources and design a Paleontological Mitigation and Monitoring Program (PMMP) for the proposed project. The PMMP shall include measures for a preconstruction survey, a training program for construction personnel, paleontological monitoring, fossil salvage, curation, and final reporting, as applicable.
112. Mitigation Measure GHG-1a: Require Implementation of BAAQMDrecommended Construction BMPs. The project sponsor shall require their contractors, as a condition of contracts (e.g., standard specifications), to reduce construction-related GHG emissions by implementing BAAQMD's recommended BMPs, including (but not limited to) the following measures (based on BAAQMD's CEQA Guidelines ). The project applicant shall submit evidence of compliance to the City prior to permit issuance.
• Ensure alternative fueled (e.g. biodiesel, electric) construction vehicles/equipment make up at least 15 percent of the fleet • Use local building materials of at least 10 percent (sourced from within 100 miles of the Planning Area)
• Recycle and reuse at least 65 percent of construction waste or demolition materials
113. Mitigation Measure HAZ-2a: Site Management Plan. Prior to issuance of a grading permit, the project sponsor shall retain the services of a qualified environmental engineering firm to prepare and implement, during site preparation and grading activities, a Site Management Plan (SMP). The SMP shall be designed to protect human health and the environment and include protocols, measures, and techniques for the proper handling, management, and disposition of affected City Council/RSA Agenda 542 Tuesday, April 25, 2023
Planning Commission Resolution No. 5-23
SD-22-003
PA 4/Station East Residential

Page 25 of 32 ends

soils and groundwater associated with construction dewatering (if any) found on the site and any areas of off-site work during site preparation and grading activities.

The SMP shall also be designed to protect workers and off-site receptors during site activities and ensure the proper characterization, management, and/or disposal of contaminated environmental media that exceed applicable environmental screening levels established by the RWQCB, regional screening levels established by EPA, or other screening thresholds approved for the project.

The environmental engineering firm shall determine the applicability of Bay Area Air Quality Management District (or other agency) rules for fugitive dust control and/or VOC emissions during earthwork, and the SMP shall provide compliance protocols to be adhered to, including air monitoring protocols, if required. The SMP shall be prepared by a commercial environmental engineering firm with demonstrated expertise and experience in the preparation of SMPs and be stamped by an appropriately licensed professional. The SMP shall be submitted for City and outside agency review in conformance with Decoto Industrial Park Study Area (DIPSA) Specific Plan, Toxic and Hazardous Substances Policy 5, and implemented throughout all ground-disturbing work.

The SMP shall establish protocols and measures for addressing the discovery of presently unknown environmental conditions or subsurface structures such as USTs or sumps. At a minimum, there shall be protocols for the sampling and testing of soil unearthed during the construction of new or replacement of existing water mains off-site. If the environmental engineering firm subsequently identifies the need for further sampling, the project sponsor shall implement this and any other requirements identified in the SMP. The project sponsor shall enter into a voluntary agreement with the RWQCB for review and approval of the SMP. As lead agency for the site cleanup, the RWQCB will also have oversight authority pertaining to implementation of the SMP. If directed by the RWQCB, additional site investigation and characterization may be required prior to construction to ensure that hazardous materials in the soil, soil vapor, and/or groundwater do not exceed applicable regulatory thresholds. If additional site investigation and characterization is required prior to construction, the project sponsor shall implement said studies (and their respective recommendations,1 if necessary) prior to construction. The RWQCB will also consult and coordinate with the Alameda County Water District (ACWD) on the scope of the SMP. The project sponsor shall provide a copy of the SMP to the ACWD at the same time the SMP is submitted to the RWQCB for review and comment. As part of its review of the SMP, the ACWD shall also review the design of long-term drainage and stormwater treatment plans. The project sponsor shall incorporate all recommendations and requirements from the ACWD into the SMP and drainage/stormwater treatment plans as appropriate. As the oversight agency, the RWQCB shall provide the project sponsor with comments on the SMP. Prior to issuance of the grading permit, the project sponsor shall provide the City with a copy of the approved SMP and implement the SMP during site preparation and grading under the approving agency’s oversight at the project sponsor’s cost. 114. Mitigation Measure HAZ-2b: Engineering Controls on the Project Site.

Prior to the issuance of a grading permit, the project sponsor shall demonstrate compliance with the recommendations in the Step-out Soil Gas Assessment (ENGEO 2013) to address vapor intrusion concerns. Implementation of City Council/RSA Agenda 543 Tuesday, April 25, 2023
Planning Commission Resolution No. 5-23
SD-22-003
PA 4/Station East Residential

Page 26 of 32 ends

engineering controls shall be implemented on the project site in accordance with the Step-out Soil Gas Assessment (ENGEO 2013) to address the presence of elevated VOCs (in areas where TCE and PCE concentrations exceeded residential screening levels). Engineering controls shall be installed to redirect and or minimize VOC concentrations. Said engineering controls shall consist of controls that allow for appropriate ventilation and discharge of the vapors into the atmosphere.

Specific engineering controls may include, but will not be limited to:
• Installation of subsurface migration barriers; and/or • Inclusion of ventilated foundations for any proposed structures; and/or
• The use and implementation of an alternative method or structural design that would address soil gas releases and reduce the potential for hazardous conditions to occur.

Appropriate engineering control system(s) shall be determined with concurrence, approval, and oversight of the DTSC and RWQCB (as applicable) and shall be dependent on future building placement and construction. Any DTSC requirements for long-term operation, monitoring, and maintenance (OMM) of the vapor mitigation systems shall be complied with, including any requirements to secure the cost of such OMM with a financial security instrument such as a performance bond. Any land use covenant required by DTSC to ensure the long-term efficacy of the vapor mitigation systems shall be recorded in property title records by the project sponsor or successor owner. If monitoring or extraction wells remain in place at the time that engineering controls are submitted to DTSC and RWQCB, the placement of such engineering controls shall either not interfere with operation of the well facilities, or DTSC and/or RWQCB shall have approved any required modifications to the well facilities.

Prior to project grading, the project sponsor shall enter into a voluntary oversight agreement (or California Land Reuse and Revitalization Act [CLRRA] agreement) with DTSC and submit for DTSC’s approval a remedial plan for the evaluation and removal of known hazardous substances present in soil. The remedial plan shall specify risk-based screening levels appropriate for future residential use (in the residential areas) and for commercial use (in the commercial areas). The project sponsor shall implement the approved remedial plan under DTSC’s oversight.

Confirmation sampling shall document that all soil exceeding the screening levels has been successfully removed. Prior to commencement of project grading, DTSC shall have issued written concurrence that known soil contamination has been satisfactorily addressed. The project sponsor shall provide a copy of DTSC’s written concurrence to the City.
115. Mitigation Measure HAZ-2c: Conduct a Hazardous Building Materials Survey prior to Demolition Activities. Prior to the issuance of a demolition permit, a comprehensive Hazardous Building Materials Assessment shall be conducted by a licensed contractor prior to demolition activities associated with the project. Should this assessment determine that lead-based paint, treated-wood waste, and/or asbestos or other hazardous building materials are present, the following actions shall be implemented:

City Council/RSA Agenda 544 Tuesday, April 25, 2023
Planning Commission Resolution No. 5-23
SD-22-003
PA 4/Station East Residential

Page 27 of 32 ends

• A health and safety plan shall be developed by a certified industrial hygienist for potential lead-based paint, asbestos or other hazardous building materials risks present during demolition. The health and safety plan shall then be implemented by a licensed contractor. • Both the federal Occupational Safety and Health Administration (OSHA) and the California Occupational Safety and Health Administration (Cal/OSHA) regulate worker exposure during construction activities that affect lead-based paint. The Interim Final Rule found in 29 Code of Federal Regulations, Part 1926.62 covers construction work in which employees may be exposed to lead during such activities as demolition, removal, surface preparation for repainting, renovation, cleanup, and routine maintenance.
• Acquire necessary approvals from the City and/or County for specifications or commencement of abatement activities. Abatement activities shall be conducted by a licensed contractor. • Prior to demolition of construction debris containing asbestos the BAAQMD shall be notified ten days prior to initiating construction and demolition activities. Demolition permit submittal to the City shall include BAAQMD Asbestos Demolition/Renovation job number (J#) and related BAAQMD acknowledgement letter.
• Asbestos shall be disposed of at a licensed disposal facility. Section 19827.5 of the California Health and Safety Code, adopted January 1, 1991, requires that local agencies not issue demolition or alteration permits until an applicant has demonstrated compliance with notification requirements under applicable federal regulations regarding hazardous air pollutants, including asbestos.
• The local office of the Cal/OSHA shall be notified of asbestos abatement activities.
• Asbestos abatement contractors shall follow State regulations contained in 8 California Code of Regulations (CCR) 1529 and 8 CCR 341.6 through 341.14 where there is asbestos-related work involving 100 square feet or more of asbestos containing material.
• Asbestos removal contractors shall be certified as such by the Contractors Licensing Board of the State of California. The owner of the property where abatement is to occur shall have a Hazardous Waste Generator Number assigned by and registered with the Office of the California Department of Health Services in Sacramento. • Contractors and subcontractors shall comply with Union City Municipal Code 13.42.050 in performing a priority building materials screening assessment.

City Council/RSA Agenda 545 Tuesday, April 25, 2023
Planning Commission Resolution No. 5-23
SD-22-003
PA 4/Station East Residential

Page 28 of 32 ends

116. Mitigation Measure NOI-1a: Construction Noise Control Plan. Prior to demolition or grading permit issuance, the project applicant shall submit a noise control plan to reduce construction noise levels such that project construction noise would be in compliance with the City’s Community Noise Ordinance, as determined by a qualified acoustical consultant, for approval by the Economic and Community Development Department. The plan shall require one of the following measures in order to achieve this result:
• Noise producing construction activities shall be restricted to the hours of 8:00 a.m. to 8:00 p.m. during weekdays; 9:00 a.m. to 8:00 p.m. on Saturdays; and 10:00 a.m. to 6:00 p.m. on Sundays and holidays. In addition, permitted construction activities shall meet at least one of the following noise limitations:
o No individual piece of equipment shall be permitted to produce a noise level exceeding 83 decibels (dBA) as measured at a distance of 25 feet. This could be achieved in a variety of ways, including but not limited to selecting quieter equipment that generates noise levels of less than 83 dBA Lmax at a distance of 25 feet, or incorporating sound muffling devices on construction equipment;
OR
o The noise levels at any point outside the property plane (for the purposes of this analysis, the “property plane” is assumed to be the boundaries of the project site) of the project shall not exceed 86 dBA.

This could be achieved in a variety of ways, including but not limited to ensuring equipment is operating at sufficient distances from the edge of the project site property line, incorporating sound muffling devices on construction equipment, or utilizing temporary noise barriers to reduce construction noise when construction equipment must be in proximity to the edge of the property line (particularly near noise-sensitive land uses).
• All construction equipment shall have appropriate sound muffling devices, which shall be properly maintained and used at all times such equipment is in operation.
• The project contractor shall place all stationary construction equipment so that emitted noise is directed away from the closest off-site sensitive receptors.
• The construction contractor shall locate on-site equipment staging areas so as to maximize the distance between construction-related noise sources and the noise-sensitive receptors closest to the project construction areas.
• A publicly visible sign shall be posted with the telephone number and contact information for the designated on-site construction manager available to receive and respond to noise complaints. This person shall report all complaints to the City of Union City Public Works Department. 117. Mitigation Measure NOI-1b: Operational Equipment Noise Control Plan. An Operational Equipment Noise Control Plan shall be prepared prior to City Council/RSA Agenda 546 Tuesday, April 25, 2023
Planning Commission Resolution No. 5-23
SD-22-003
PA 4/Station East Residential

Page 29 of 32 ends

issuance of the first City-issued building permit for the proposed development for approval by the Building Division. The plan shall include a noise analysis for the project that evaluates HVAC and other stationary mechanical equipment with the potential to generate noise levels in excess of ambient noise levels by 10 dB on new residential properties and by 12 dB on new commercial properties.

The analysis shall be prepared by persons qualified in acoustical analysis and/or engineering and demonstrate with reasonable certainty that the operational noise sources associated with the project would not result in a noise level that would be in excess of the Community Noise Ordinance. All recommendations from the acoustical analysis necessary for ensuring that noise sources would meet applicable requirements of the noise ordinance and would not result in 10 dB (for sources on residential properties) or 12 dB (for sources on commercial properties) increases in ambient noise levels shall be incorporated into plans submitted for building permit issuance and building operation.

Alameda County Water District (ACWD) Conditions
118. Any public water system extension and all appurtenances must be constructed in “clean corridors,” which would be assured by either further testing of native soil, groundwater and/or soil vapors along the proposed public water system alignments, or by use of clean imported fill as backfill for all trenches excavated for any part of the public water system. The use of upgraded materials, including but not limited to, all steel pipelines with upgraded gaskets, may be required.
119. New development shall comply with the “Water Efficiency Measures for New Developments” included in Appendix D to the Station District Specific Plan. 120. ACWD requires that new proposed water mains be in service and conditionally accepted by the District prior to installing any proposed water meters or fire line detector check valves (I.e., fire services) for this project. Special coordination will be required with the proposed public water system extension (PWSE) developer and installer of the proposed water mains in 8th Street, 9th Street, and “L” Street so that there are not delays in providing water service for this proposed project.
121. The District requires that minimum clearance requirements are maintained between water meters, service lines, fire hydrants or mains and the nearest utilities, buildings, and trees. Reference District Standard Drawings CL-1-08 through CL-5-08.
122. The most likely service configurations would appear to involve a domestic master meter for the residential units, separate service and meter(s) for fire service, and separate meter(s) serving the landscape irrigation demands. 123. Each residential domestic, non-residential, and irrigation services will, and the fire service may, require an above-ground reduced pressure backflow prevention device. Backflow prevention devices must be located in accordance with District Standard Drawings BP-1-08 through BP-3-08. The location and screening of these above-ground devices should be considered in the site design to address both District installation standards as well as aesthetic concerns of the development. Backflows located within buildings shall not be acceptable. Backflow devices shall be accessible to District forces.

City Council/RSA Agenda 547 Tuesday, April 25, 2023
Planning Commission Resolution No. 5-23
SD-22-003
PA 4/Station East Residential

Page 30 of 32 ends

124. Master meters sized greater than 2-inches serving this property shall be contained within below-ground vaults, whose sizes shall be determined by the meter size and associated appurtenances. Generally, such vaults may measure 5- feet wide by 7-feet long or could be as large as 6-feet wide by 10-feet long. Vaults, or any part thereof, on private property must be located within public right-of-way or easements dedicated to the District and these easements must extend a minimum of 5-feet around the perimeter of the vault (reference Condition 125, below). The vaults must be flush with the existing grade and be set at no less than 6-inches below the top of the adjacent curb. The vault and service laterals should be located to provide a minimum horizontal clearance of five feet from other utilities and from trees. Reference District Standard Drawings CL-4-08 and CL-5-08.

Similarly, the proposed water services must meet District installation and clearance requirements, such as minimum horizontal clearances between service laterals.

Space must also be provided for the required private backflow prevention devices (reference Condition 123, above).
125. ACWD requires private sub-metering of all master metered units in compliance with Water Code Division 1, Chapter 8, Article 5 for newly constructed multi-unit residential structures served by master meters. Water service will not be provided until the City has inspected and certified that individual submeters to each dwelling unit have been installed and tested. It is the District's understanding that onsite sub-meters are under the jurisdiction of the California Department of Food and Agriculture, Division of Measurement Standards (CDFA DMS). The District recommends that the applicant and/or property owner contact CDFA DMS regarding any requirements they may have. Prior to the release of jobs for master meter installation and in accordance with the Water Code, applicant and/or property owner shall submit written verification by the City of Union City or applicant and/or property owner that private submeters have been installed to each individual unit served off the master meter.
126. Easements dedicated to the District shall be provided for all District-owned appurtenances located in private property and outside the public right-of-way.

Easements dedicated to the District will require a plat and legal description, prepared by a licensed surveyor, to District standards, along with a current title report for any property or properties affected by the easement. The applicant and/or property owner should refer to the Development Specifications or contact the District Engineering Department for more information. 127. Copies of the District’s Standard Specifications for Water Main Installation and Development Specifications for Public Water System Extensions are available on the District's website at http://www.acwd.org or may be purchased from the District’s engineering division.
128. For modifications of existing water facilities or to initiate new water service to the property, the applicant and/or property owner should contact the District Engineering Department. Any existing water services which will not be used in the new development must be removed by the District at the applicant’s and/or property owner’s expense.

City Council/RSA Agenda 548 Tuesday, April 25, 2023
Planning Commission Resolution No. 5-23
SD-22-003
PA 4/Station East Residential

Page 31 of 32 ends

129. Applicant and/or property owner shall contact ACWD’s Groundwater Resources Division regarding requirements related to any drilling, deep excavations, existing wells or elevator shaft construction. 130. Elevator Shafts: The installation of elevator shafts that intersect an aquifer or may impact the integrity of any aquitard located directly above an aquifer are regulated as other excavations under ACWD’s Ordinance No. 2010-01. Elevator shafts are frequently installed similar to wells and exploratory holes. If the annular space between the excavation or borehole wall and the shaft is not properly sealed, it can act as a vertical conduit and may create preferential pathways that allow pollutants to rapidly infiltrate the subsurface and impact groundwater. For this reason, ACWD requests the applicant and/or property owners coordinate the design of the elevator shaft with ACWD.
131. The State of California is currently experiencing a water supply emergency.

With the Governor’s declaration of a drought emergency for California, the District’s Board of Directors declared a water shortage emergency and adopted an ordinance with mandatory water use restrictions aimed at reducing water use by 15% across the Tri-City area. These restrictions will remain in place through the end of the State declared water shortage emergency. ACWD may adopt additional water use restrictions or implement other measures should they become necessary.

City Council/RSA Agenda 549 Tuesday, April 25, 2023
Planning Commission Resolution No. 5-23
SD-22-003
PA 4/Station East Residential

Page 32 of 32 ends

I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission of the City of Union City held on April 6, 2023 by the following vote:

AYES: 5
NOES: 0
ABSTAINED:

ABSENT:

MOVED:

SECONDED:

APPROVED

LEE GUIO, CHAIRPERSON
ATTEST:

CARMELA CAMPBELL, SECRETARY
City Council/RSA Agenda 550 Tuesday, April 25, 2023
ATTACHMENT 12
PLANNING COMMISSION RESOLUTION NUMBER 6-23

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UNION CITY

RECOMMENDING APPROVAL TO THE CITY COUNCIL OF THE SITE
DEVELOPMENT REVIEW (SD-22-004) FOR PLANNING AREA 9/10 IN THE

STATION EAST RESIDENTIAL / MIXED USE DEVELOPMENT FOR THE PROJECT SITE (APN: 087-0021-005-02 (portion))
WHEREAS, the Station East Owner LLC, has submitted an application for Site Development Review for Planning Area (PA) 9/10 consisting of 78 condominium units within the Station East Residential Mixed-Use project; and WHEREAS, the project site consists of 1.42 acres located between the extensions of 9th Street, L Street, and Bradford Way (APN: 087-0023-013-02 (portion)); and WHEREAS, the project site has a General Plan designation of Station East Mixed Use Residential and a Zoning designation of SEMU-R (Station East Mixed Use Residential); and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the Station East Residential / Mixed Use Project Environmental Impact Report (EIR) (SCH# 2020039032) was prepared and certified for the project on June 8, 2021 by City Council Resolution No. 5774-21, which determined the project would not result in any significant impacts with the incorporation of mitigation measures; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15162, an Addendum to the EIR was prepared to analyze the for changes in the project to determine if the project falls within the scope of the previously certified EIR; and
WHEREAS, on April 6, 2023, the Planning Commission adopted Resolution No. 03-23, recommending that the City Council adopt the Addendum to the Station East Residential / Mixed Use Project EIR; and
WHEREAS, the subject property is part of the larger Station East Mixed Use Residential Project subject to City Council approvals in June 2021 of General Plan Amendment (AG-20-001), Specific Plan Amendment (SP-20-001), Zoning Text Amendment (AT-20-002), Zoning Map Amendment (A-20-001), Development Agreement (DA-20-001), and Tentative Map (TTM-20-001) for the Station East Mixed Use Residential Project consisting of up to 974 dwelling units and 30,800 sq. ft. retail; and WHEREAS, pursuant to Section 18.76.050 of the Union City Municipal Code, the Planning Commission held a duly noticed public hearing on the proposed Site Development Review (SD-22-004) on April 6, 2022, at which time all interested parties had the opportunity to be heard. The Planning Commission considered the staff report dated April 6, 2022, and all written and oral testimony; and WHEREAS, the project plans are labeled Exhibit A, attached hereto and made a part hereof.

City Council/RSA Agenda 551 Tuesday, April 25, 2023
Planning Commission Resolution No. 6-23
SD-22-004
PA 9-10/Station East Residential

Page 2 of 32 ends

NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Union City does hereby find as follows:

1. That the foregoing recitals are true and correct and made a part of this resolution; and
CEQA

Site Development Review

5. The project is consistent with the General Plan designation of Station East Mixed Use Residential, and applicable General Plan policies. Specifically, the project is consistent with the purpose as stated in the description of the Station East Mixed Use Residential designation to establish a high density, transit-oriented, walkable residential and commercial district which allows for multi-family residential uses and mixed-use residential uses, with ground floor commercial uses along the site’s major thoroughfares. The project is also consistent with the applicable policies of the Station District Specific Plan as approved by the City Council.

6. The project, as conditioned, is consistent with the purpose of Title 18, which seeks to promote the public health, safety, and general welfare of the people; protect the character and maintain the stability of residential, business and industrial areas; and to promote orderly and beneficial development. The project, as conditioned, is also consistent with the applicable requirements of the SEMU-R Zoning District, including a waiver of parking standards within one-half mile of a major transit stop City Council/RSA Agenda 552 Tuesday, April 25, 2023
Planning Commission Resolution No. 6-23
SD-22-004
PA 9-10/Station East Residential

Page 3 of 32 ends

as required by Government Section 65863.2 and as referenced in UCMC Section

18.37.180.

BE IT FURTHER RESOLVED THAT THE Planning Commission of the City of Union City hereby recommends City Council approval of SD-22-004 as set forth in Exhibit A, based on the following conditions of approval:

Planning Division
General

1. All actual site improvements shall be made and maintained with adherence to the plans, as shown in Exhibit A, except as they may be modified by other conditions of approval listed below.

6. Prior to issuance of a building permit, the applicant and/or property owner shall submit any necessary Final Maps, for condominium purposes, in compliance City Council/RSA Agenda 553 Tuesday, April 25, 2023
Planning Commission Resolution No. 6-23
SD-22-004
PA 9-10/Station East Residential

Page 4 of 32 ends

with Tentative Map Condition No. 8 as approved by Resolution No. 5777-21 on June 8, 2021 and any amendments.

7. Prior to issuance of a building permit, the applicant and/or property owner shall provide Covenants, Conditions and Restrictions (CC&Rs) subject to review and approval of the Economic and Community Development Director that demonstrate compliance with the requirements of the Development Agreement as approved by Ordinance No. 866-21 on June 22, 2021 and any amendments and Tentative Map conditions as approved by Resolution No. 5777-21 on June 8, 2021 and any amendments, including but not limited to:
a. Participation in Master Homeowners’ Association required by Section 2.13 of Development Agreement and Tentative Map Condition No. 6;
b. CC&Rs for the 78-unit development consistent with Tentative Map Condition No. 7 and No. 10;
c. Where not covered by another agreement, maintenance of all storm water pollution prevention measures.
d. In the event the public right-of-way landscaping is not maintained to the satisfaction of the City, the City may, at its option, maintain the landscaping and charge the applicant and/or property owner, its heirs or successors, for the services performed.
e. Any graffiti appearing on the site shall be removed by the applicant or owner within forty-eight hours after discovery. If not removed in a timely manner, the City may, at its option, remove the graffiti and charge the applicant for the services performed.
f. The applicant and/or property management shall ensure that all stoops and balconies are kept clutter-free at all times and are not used by occupants for storage or laundry-drying purposes.  Bicycles and recreational equipment shall be stored in the areas dedicated for residential storage purposes.
g. Provisions for professional management of systems and equipment for solid waste handling as specified in the approved Final Solid Waste Management Plan.

8. The applicant and/or property owner shall vote affirmatively to annex the project site into Community Facilities District No. 2006-01 or participate in an equivalent financing mechanism reasonably acceptable to the City prior to issuance of a building permit consistent with Section 2.14.1 of the Development Agreement approved by Ordinance No. 866-21 on June 22, 2021 and any amendments. The applicant and/or property owner shall pay all fees for staff and consultant time and recordation through a title company.

Architecture, Building Materials and Finishes

9. Prior to issuance of a building permit, the applicant and/or property owner shall provide details of all exterior architectural and site features, including but not limited to windowsills, window trim, window mullions/muttons, exterior doors, eaves and overhangs, corbels, metal awnings, gutters, scoring, and exterior lights City Council/RSA Agenda 554 Tuesday, April 25, 2023
Planning Commission Resolution No. 6-23
SD-22-004
PA 9-10/Station East Residential

Page 5 of 32 ends

in the plans submitted for building permit issuance, subject to review and approval by the Economic and Community Development Department. Minor changes to these and similar details may be required to enhance the building frontages.

11. The applicant and/or property owner shall provide factory-processed color finishes, such as baked enamel, on all exterior metal surfaces.

12. All rooftop equipment shall be screened from public view. A detail of such screening shall be included in the plans submitted for building permit issuance.

Landscaping and Fencing

13. Prior to the issuance of a building permit, the applicant and/or property owner shall submit a final landscape package, which is consistent with the preliminary landscape package except as may be modified by the following requirements and /or other project conditions of approval. Plant species and locations may be adjusted for compatibility, to coordinate with ladder pads, and other considerations. The landscape package shall also be consistent with Chapter

18.112, Water Efficient Landscape, of the Municipal Code and the Landscape Standards Policy Statement. The final landscape plan will be subject to review and approval by the City’s consulting Landscape Architect. Additional fees for consultant’s review and inspection are required to be paid with the building permit fees. A final inspection of the installed landscaping and irrigation shall be completed prior receipt of any certificate of final occupancy. The applicant and/or property owner shall be responsible for maintaining all irrigation and landscaping and shall replace any dead or dying vegetation for the life of the project. a. Final landscape plans shall show screening for backflow prevention devices, meters and other above-ground appurtenances to the extent feasible. At initial planting, additional plants may be required by the Economic and Community Development Director to provide adequate screening.
b. Plans for Neighborhood Park C are subject to additional review and approval as required by Tentative Map Conditions 2.d and 14 as approved by Resolution No. 5777-21 on June 8, 2021.

14. The applicant and/or property owner shall provide a cash deposit in the amount of 50% of the estimated installation cost of the landscaping, up to $10,000.00, in order to ensure installation of the planting shown on the approved City Council/RSA Agenda 555 Tuesday, April 25, 2023
Planning Commission Resolution No. 6-23
SD-22-004
PA 9-10/Station East Residential

Page 6 of 32 ends

landscape plan. The applicant and/or property owner shall enter into a private landscape maintenance contract for the maintenance of the required landscaping for a minimum period of two years after installation. The project landscaping shall be completed, pursuant to the above-stated requirements, prior to receipt of any certificate of final occupancy.

15. The applicant and/or property owner shall provide a detail for all proposed fencing subject to review and approval by the Economic and Community Development Department.

16. Prior to issuance of a building permit, plans shall include pathways connecting the pedestrian paths between the buildings and the detention basin with the sidewalks on L Street and Bradford Way, unless determined to be infeasible by the Economic and Community Development Director.

Utilities

17. The applicant and/or property owner shall subsurface all new transformers, switching boxes, and similar appurtenances, or shall screen them with landscaping or by locating them in an enclosure with walls matching the material and color of the nearest building. The enclosure shall include gates of heavy gauge corrugated steel and shall be surrounded by trees, shrubs and climbing vines. The applicant and/or property owner shall arrange the location and treatment of the appurtenances with the gas, electric and communication providers prior to issuance of a building permit. A detail of the transformer screening shall be included on the plans submitted for issuance of a building permit.

18. The applicant and/or property owner shall screen all meters, telecommunications equipment, and appurtenant structures from public view to the satisfaction of the Economic and Community Development Director. A detail of such screening shall be shown on the plans submitted for issuance of a building permit.

19. The applicant and/or property owner shall, at developer’s expense and in conjunction with the City's Community Access Television (CATV) franchise, provide for the complete pre-wiring of the proposed development for the purpose of receiving CATV service from the City's CATV franchise. In addition, the applicant and/or property owner shall install an empty two-inch conduit in all joint trenches within the development and along the street frontages for the sole purpose of City’s future fiber optic line. Junction boxes shall be installed every 200 feet along the conduit route or per industry standard, as approved by the City Engineer This empty two-inch conduit shall be in addition to any conduits installed or provided for use by cable companies for their high-speed fiber. Utility companies may install the needed number of conduits with their own crews or pay the developer’s contractor to do so on their behalf. A site plan showing the conduit layout shall be submitted in hard copy and digital formats prior to grading permit issuance.

20. The applicant and/or property owner shall grant an easement to the Alameda County Water District to allow the installation of all backflow prevention City Council/RSA Agenda 556 Tuesday, April 25, 2023
Planning Commission Resolution No. 6-23
SD-22-004
PA 9-10/Station East Residential

Page 7 of 32 ends

devices. The devices shall be screened from public view by landscaping or other approved methods in the area in which the device is located. Landscaping shall blend with existing landscaping and, if necessary, landscaping shall be added in other areas, as required for symmetry. The Alameda County Water District shall sign any plans for screening to ensure conformance with their requirements. The final landscape package shall include landscape screening of any backflow prevention devices.

21. The applicant and/or property owner shall obtain a Union Sanitary District Demolition Permit for the abandonment of any existing sewer laterals prior to site grading or provide documentation showing that this has been done as part of the subdivision improvements required by Tentative Tract Map 8251 approved by Resolution No. 5777-21 on June 8, 2021 and any amendments.

Parking

22. Building permit plans shall include details for: a) twelve (12) bike racks to accommodate at least twenty-four (24) bicycles on the exterior of the buildings and b) bike racks for forty (40) to sixty-four (64) bicycles within the garages as shown on Exhibit A, subject to review and approval by the Economic and Community Development Department. Prior to receipt of any certificate of final occupancy, the applicant and/or property owner shall install bicycle parking in conformance with the requirements listed in Chapter 18.28, Off-Street Parking and Loading and Chapter of the Zoning Ordinance.

Fees

23. Upon issuance of the building permit for each building, the applicant and/or property owner shall pay a Capital Facilities Fee in accordance with the City’s Master Fee Schedule, and as may be modified by Exhibit E to the Development Agreement approved by Ordinance No. 866-21 on June 22, 2021 and any amendments.

24. Upon issuance of the building permit for the development, the applicant and/or property owner shall pay a Bedroom Tax in accordance with the City’s Master Fee Schedule, and as may be modified by Exhibit E to the Development Agreement approved by Ordinance No. 866-21 on June 22, 2021 and any amendments.

25. Upon issuance of the building permit for the development, the applicant and/or property owner shall pay a Fire Equipment Acquisition Fee in accordance with the City’s Master Fee Schedule, and as may be modified by Exhibit E to the Development Agreement approved by Ordinance No. 866-21 on June 22, 2021 and any amendments.

26. Upon issuance of each building permit for the development, the applicant and/or property owner shall pay the General Plan Cost Recovery Fee in accordance with the City’s Master Fee Schedule, and as may be modified by City Council/RSA Agenda 557 Tuesday, April 25, 2023
Planning Commission Resolution No. 6-23
SD-22-004
PA 9-10/Station East Residential

Page 8 of 32 ends

Exhibit E to the Development Agreement approved by Ordinance No. 866-21 on June 22, 2021 and any amendments.

Miscellaneous

27. The applicant and/or property owner shall be responsible for ensuring that all contractors and subcontractors have obtained a valid City of Union City business license for the duration of the project.

28. Prior to issuance of a building permit, the applicant and/or property owner shall demonstrate compliance with Section 3.9, Youth Hiring Program, of the Development Agreement approved by Ordinance No. 866-21 on June 22, 2021.

29. Prior to receipt of any certificate of final occupancy , the applicant and/or property owner shall submit a Sign Plan for the project consistent with the Master Sign Program for Station East required by Tentative Map Condition No 28 for Tentative Tract Map 8251 approved by Resolution No. 5777-21 on June 8, 2021 and any amendments, including the location, design, and sign area for each of the building signs consistent with the Master Sign Program and City’s Sign Ordinance (Chapter 18.30 of the Municipal Code), allowed building sign materials, maximum letter height, illumination details (if any), and references to applicable requirements listed in the City’s Sign Ordinance.

30. Prior to issuance of a building permit, a Final Solid Waste Management Plan shall be submitted that provides adequate facilities and capacity for landfill (garbage), recycling, cardboard, and compost (organics) collection, subject to the review and approval of the Economic and Community Development Director and the Recycling Manager. The Final Solid Waste Management Plan shall also address operational details regarding management and collection of landfill (garbage), recycling, cardboard, and compost (organics) collection, including but not limited to, cleaning and maintenance of trash/recycling rooms and chutes, staging and removal of bins/carts for collection on the street, monitoring, response to breakdowns, contingency plans, and installation of informational/educational signs. The Final Solid Waste Management Plan shall incorporate safety measures which shall also be included in the building permit plans including but not limited to: installation of bollards for protection of facilities and automatic door locks to prevent trash room access during movement of bins.

Page 9 of 32 ends

lighting fixtures other than street lights shall be of an architectural design that compliments the development, coordinates with other developments in Station East, and shall be fitted with glare shields to ensure light is down-directed and minimize overflow of lighting onto adjacent properties and the streets. The style and design of all light fixtures in the public right-of-way shall be reviewed and approved by the City Engineer; all other light fixtures shall be approved by the Economic & Community Development Department.

Building Division

33. The applicant and/or property owner shall provide to the Building Department an eight and a half inch by eleven inch addressed site plan of the complex prior to the issuance of a building permit.

34. Any construction shall fully comply with the current adopted California Building Standards Code in effect at the time of building permit issuance.

35. The applicant and/or property owner shall provide detailed construction plans (working drawings) and structural calculations to the Building Division for plan review prior to issuance of a building permit. Plans and supporting documents shall be prepared by a California state-licensed architect or engineer. Upon completion of the plan check, all applicable fees shall be paid and a building permit issued prior to commencement of any actual construction work on-site.

38. The applicant and/or property owner shall maintain the property to be free of litter, weeds, debris, etc., both before and after issuance of building permits.

40. The applicant and/or property owner shall remove any graffiti appearing on the site within forty-eight (48) hours after discovery. If not removed in a timely City Council/RSA Agenda 559 Tuesday, April 25, 2023
Planning Commission Resolution No. 6-23
SD-22-004
PA 9-10/Station East Residential

Page 10 of 32 ends

manner, the City may, at its option, remove the graffiti and charge the property owner a fee for the services performed.

41. The applicant and/or property owner shall not locate construction debris boxes within the public right-of-way (ROW), driveways or on adjacent private properties.

42. A soils report shall be provided for the project site, including documentation by a Geotechnical Engineer regarding whether the proximity of the detention basin will require any special measures for the building or site improvements. The proposed building foundation design shall be reviewed by the Geotechnical Engineer who prepared the soils investigation. A letter shall be provided to the Building Division that is stamped and signed by the engineer that verifies the foundation design has been reviewed and found to be in conformance with the soil report requirements.

43. Prior to requesting a foundation inspection from the City, the Geotechnical Engineer who prepared the soil investigation shall provide a field report in writing, which shall state that the building pads were prepared and compacted in accordance with the soil report and specifications, and that the foundation and/or pier excavation, depth, backfill materials, and drainage, substantially conforms with the soil report and approved plans.

44. Prior to the final inspection for the buildings, the Geotechnical Engineer who prepared the soil investigation shall issue a final report in writing stating the completed pad, foundations, finished grading, drainage, and associated site work substantially conforms with the approved plans, specifications, and investigation.

Fire Department

47. The project shall comply with the California Building and Fire Codes and current and local ordinances in effect at the time of building permit submittal.

48. The project shall include installation of a National Fire Protection Association (NFPA) 13 Fire Sprinkler System and NFPA 72 Fire Alarm System.

City Council/RSA Agenda 560 Tuesday, April 25, 2023
Planning Commission Resolution No. 6-23
SD-22-004
PA 9-10/Station East Residential

Page 11 of 32 ends

52. Plans submitted for building permit issuance shall show ladder pads for review by the Fire Marshal.

53. Fire hydrants shall be placed in a loop system and located on the same side of the street as the development. Plans submitted for building permit issuance shall show compliance with these requirements.

54. Fire lane identification will be required when it is necessary to restrict parking of vehicles in order to maintain the required width of fire access roadways for emergency vehicle use.

55. Areas designated as a fire lane shall be identified by painted red curbs and related signage posted immediately adjacent, which states “Fire Lane – No Parking”. Plans submitted for building permit issuance shall detail location of red curbs.

57. The Fire Alarm Control Unit (FACU) shall not be co-located within the building electrical meter closets.

58. If a fire pump is required, plans submitted for building permit issuance shall indicate the diesel refueling shall be either through a sally port on a vertical wall five (5) feet from any opening and/or a below grade utility vault.

59. Prior to receipt of any certificate of final occupancy, the applicant/property owner shall be financially responsible to evaluate the building capability for allowing Fire and Police public safety 2-way radio transmissions to occur in all portions of the building. If radio transmission deficiencies are identified, the developer shall be responsible for implementing an enhanced public safety radio amplifier/repeater system inside and/or outside the building at no cost to the City, to the satisfaction of the Police Department.

City Council/RSA Agenda 561 Tuesday, April 25, 2023
Planning Commission Resolution No. 6-23
SD-22-004
PA 9-10/Station East Residential

Page 12 of 32 ends

60. Any welding or cutting operations shall require a hot work permit.

61. Standard road widths shall be measured from inside the curb and will comply with the current edition of the California Fire Code. The roadways at the extension of L Street, between Buildings 1 and 2, and between Buildings 3 and 4 shall be no less than 26 feet in width. The driveway access to the garages at the rear of Buildings 1 and 4 shall be no less than 20’ in width.

Police Department

Environmental Programs Division

Public Works Department
Miscellaneous Improvements

67. The applicant and/or property owner shall ensure that any proposed street lights are located at least 5 feet from proposed driveways, in accordance with City Standards. Show details on required photometric plan required by Condition No.

32. 68. The applicant and/or property owner shall design all improvements in the City right-of-way in conformance with current City standards.

City Council/RSA Agenda 562 Tuesday, April 25, 2023
Planning Commission Resolution No. 6-23
SD-22-004
PA 9-10/Station East Residential

Page 13 of 32 ends

70. Plans submitted for building permit issuance shall identify curb markings and signage for the two “flex zones” on 9th Street as shown on Sheet C2, subject to review and approval by the Public Works Director.

Utilities

75. The applicant and/or property owner shall underground all new utility lines underground. No new overhead services to the development or overhead extensions of main lines will be permitted.

77. The applicant and/or property owner shall contact the Union Sanitary District at (510) 477-7500 to determine sewer service and permit requirements.

City Council/RSA Agenda 563 Tuesday, April 25, 2023
Planning Commission Resolution No. 6-23
SD-22-004
PA 9-10/Station East Residential

Page 14 of 32 ends

78. The applicant and/or property owner shall contact the Alameda County Flood Control and Water Conservation District to determine any approval requirements.

Trees

Permits, Agreements, and Fees

City Council/RSA Agenda 564 Tuesday, April 25, 2023
Planning Commission Resolution No. 6-23
SD-22-004
PA 9-10/Station East Residential

Page 15 of 32 ends

87. The applicant and/or property owner shall place a copy of the approved Public Works conditions of approval on the grading plans released to the contractor.

Monday through Friday - 8:00 a.m. to 8:00 p.m.

Saturday - 9:00 a.m. to 8:00 p.m.

Sundays & Holidays - 10:00 a.m. to 6:00 p.m.

Stormwater

91. The applicant and/or property owner shall enter into a storm water treatment measures maintenance agreement with the City of Union City assuring both the responsibility for the post-construction operation and maintenance (O&M) of any non-Low Impact Development (LID) treatment measures installed on the lot as well as the access by public agency personnel strictly for the purpose of O&M verification. The applicant may propose to include the maintenance of the non-LID filtration system in the O&M for the entire development if the timing of the proposed mechanical unit installation on PA 9/10 will work with the development of the roadway infrastructure and the associated LID stormwater treatment measures, such as the bio-treatment basins. This maintenance agreement shall be recorded by the property owner at the Alameda County Recorder's Office. An O&M Plan and an annual Inspection Report for storm water treatment measures shall be provided for review and approval by the Public Works Department, Environmental Programs Division in compliance with the California RWQCB Order R2-2015-0049, NPDES Permit No. CAS612008, dated November 19, 2015, or the latest edition in affect at the time of issuance of the grading permit. A sample ‘boiler plate’ version of this agreement prepared by the City Attorney is available from the Public Works Department for use on this project.

City Council/RSA Agenda 565 Tuesday, April 25, 2023
Planning Commission Resolution No. 6-23
SD-22-004
PA 9-10/Station East Residential

Page 16 of 32 ends

92. The applicant and/or property owner shall install a full waste trash capture device (TCD), as approved by the City Engineer, at all new storm drain structures just prior to connection with the public storm drain system. TCDs shall also be installed at all new and existing storm drain inlets located along the perimeter of the development in order to prevent solid waste from entering the public storm drainage system.

95. The applicant and/or property owner shall ensure that the storm water treatment devices proposed are consistent with the information in the hydraulics report that was prepared for the entire development. For example, if additional nonLID filter units are proposed than previously anticipated, clarify if such changes would require the overall hydraulics report for the entire development to be updated to reflect these changes, prior to the issuance of a grading permit, subject to review and approval of the City Engineer.

Stormwater “During Construction” Best Management Practices (BMPs)

City Council/RSA Agenda 566 Tuesday, April 25, 2023
Planning Commission Resolution No. 6-23
SD-22-004
PA 9-10/Station East Residential

Page 17 of 32 ends

d. The applicant and/or property owner shall minimize the removal of natural vegetation or ground cover from the site in order to minimize the potential for erosion and sedimentation problems. All cut and fill slopes shall be stabilized as soon as possible after completion of grading. No site grading shall commence unless approved erosion control measures are in place.
e. The applicant and/or property owner shall install filter materials (sand bags, filter fabric, straw wattle, etc.) at the storm drain inlet nearest the downstream side of the project site prior to:

1. Start of the rainy season (October 1st);

2. Site dewatering activities;

3. Street washing activities; and

4. Saw cutting asphalt or concrete.

City Council/RSA Agenda 567 Tuesday, April 25, 2023
Planning Commission Resolution No. 6-23
SD-22-004
PA 9-10/Station East Residential

Page 18 of 32 ends

a. Water all active construction areas at least twice daily. b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. c. Pave, apply water three times daily to all unpaved areas on the site, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites.
d. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites.
e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets.
f. Protect the closest downstream inlet with filter fabric inserts and sand/gravel bags and maintain it during the course of the project.

Prior to permit issuance, the project applicant shall submit evidence to the City regarding the use of low-VOC coatings to the City.

The project applicant shall require all construction contractors to implement the City Council/RSA Agenda 568 Tuesday, April 25, 2023
Planning Commission Resolution No. 6-23
SD-22-004
PA 9-10/Station East Residential

Page 19 of 32 ends

basic construction mitigation measures recommended by BAAQMD. The emissions reduction measures shall include, at a minimum, all of the following: Prior to permit issuance, the project applicant shall provide documentation that these basic construction measures are reflected in all construction contracts.
• All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, unpaved access roads) will be watered two times a day. • All haul trucks will be covered when transporting soil, sand, or other loose material offsite.
• All visible mud or dirt track-out material on adjacent public roads will be removed using wet-power vacuum-type street sweepers at least once a day. The use of dry-power sweeping is prohibited.
• All vehicle speeds will be limited to 15 miles per hour on unpaved roads.
• All roadways, driveways, and sidewalks that are to be paved will be paved as soon as possible. Building pads will be laid as soon as possible after grading, unless seeding or a soil binder is used. • All construction equipment will be maintained and properly tuned in accordance with manufacturers' specifications. All equipment will be checked by a certified visible-emissions evaluator.
• Idling times will be minimized, either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure).
• Publicly visible signs will be posted with the telephone number and name of the person to contact at the lead agency regarding dust complaints.

This person will respond and take corrective action within 48 hours.

BAAQMD's phone number will also be visible to ensure compliance with applicable regulations.
102. Mitigation Measure AQ-2e: Require Low-VOC Coatings during Operation. The project applicant shall require their contractors, as a condition of contract, to reduce operation-related fugitive ROG emissions by ensuring that lowVOC coatings that have a VOC content of 10 grams/liter (g/L) or less are used during operation.
103. Mitigation Measure AQ-2f: Require Use of Green Consumer Products during Operation. The project applicant shall provide education for residential and commercial tenants concerning green consumer products. Prior to receipt of any certificate of final occupancy, the project applicant shall work with the City of Union City to develop electronic correspondence to be distributed by email to new residential and commercial tenants that require the purchase of consumer products that generate lower than typical VOC emissions. Examples of green products may include low-VOC cleaning supplies and consumer products. 104. Mitigation Measure AQ-2g: Purchase of Mitigation Credits for Emissions Exceeding BAAQMD’s Daily Pollutant Thresholds. The project applicant shall provide annual operational emissions estimates to the City for review prior to receipt of any certificate of final occupancy of new buildings.

City Council/RSA Agenda 569 Tuesday, April 25, 2023
Planning Commission Resolution No. 6-23
SD-22-004
PA 9-10/Station East Residential

Page 20 of 32 ends

Average annual emissions shall be forecasted for each operational year over the life of the project (30 years). Emissions shall be calculated using BAAQMDaccepted emissions model and project-specific land use and design features.

If it is shown that the project would result in exceedances of thresholds during any year of the project’s life, the project applicant shall pay a mitigation offset fee pursuant to BAAQMD’s emission reduction credit or interchangeable emission credit program, in an amount to be determined prior to the first year of exceedance over the life of the project (30 years). All fees for such credits shall be paid by the project applicant prior to the receipt of any certificate of final occupancy. If, at the time of the certificate of occupancy for the final building is issued, the project applicant demonstrates there are no exceedances, no further action shall be required.
105. Mitigation Measure BIO-1a: Burrowing Owl Protection. The project applicant shall implement the following measures prior to any construction activities:
• If construction activities occur between April and August, the project applicant shall retain a qualified biologist* to conduct preconstruction surveys for burrowing owl 14 days prior to and within 24 hours of the start of construction activities.
• If an active burrow is identified, an appropriate no-disturbance buffer zone shall be established that extends a minimum of 250 feet around the burrow, and construction activities shall be prohibited within this zone during the nesting season (April through July).
• Buffers may be modified based on the opinion of the biological monitor and in coordination with California Department of Fish and Wildlife (CDFW) taking into consideration site specific conditions (e.g., line of sight to activities, specific activities taking place).
• Representatives of the CDFW shall be consulted to determine whether the nest burrow should be protected and a permanent buffer established or whether the nest site may be destroyed once the young have fled.
• Construction activities within the buffer zone shall not proceed until the qualified biologist has determined that the owls have fled and the nest can be destroyed or a CDFW-approved relocation plan is successfully implemented.
*  The experience requirements for a “qualified biologist” shall include a minimum of 4 years of academic training and professional experience in biological sciences and related resource management activities, and a minimum of 2 years of experience conducting surveys for each species that may be present within the project area.
106. Mitigation Measure BIO-1b: Bat Protection. The project applicant shall implement the following measures prior to any construction activities:

City Council/RSA Agenda 570 Tuesday, April 25, 2023
Planning Commission Resolution No. 6-23
SD-22-004
PA 9-10/Station East Residential

Page 21 of 32 ends

• The project applicant shall retain a qualified biologist to conduct preconstruction surveys and implement protective measures for hoary bat, pallid bat, Townsend’s big-eared bat, and other roosting bats. At least 2 months prior to the demolition of the existing buildings and structures, a qualified biologist shall conduct an initial daytime survey to assess the building for potential bat roosting habitat, and to look for bats and bat sign.

Qualified biologists shall have knowledge of the natural history of the species that could occur and sufficient experience determining bat occupancy and bat survey techniques. The qualified biologist shall examine both the inside and outside of the building and structures for potential roosting habitat, as well as routes of entry to the building and structures.

Locations of any roosting bats, signs of bat use, and entry and exit points shall be noted and mapped on a drawing of the buildings and structures.

Roost sites shall also be photographed as feasible. Depending on the results of the habitat assessment, the following steps will be taken as described below.
• If the building and structures can be adequately assessed (i.e., all areas of the building and structures can be examined) and no habitat or limited habitat for roosting bats is present and no signs of bat use are present, a preconstruction survey of the interior and exterior of the buildings and structures by a qualified biologist shall be conducted within 24 hours of demolition.
• If moderate or high potential habitat is present but there are no signs of bat use, the project applicant shall implement measures under the guidance of a qualified biologist to exclude bats from using the buildings and structures as a roost site, such as sealing off entry points. Prior to installing exclusion measures, a qualified biologist shall re-survey the buildings and structures to ensure that no bats are present. Additionally, a preconstruction survey of the interior and exterior of the building and structures shall be conducted within 24 hours of demolition to confirm that no bats are present.
• If moderate or high potential habitat is present and bats or bat sign are observed, or if exclusion measures are not installed as described above, or the buildings and structures provides suitable habitat but could not be adequately assessed, the following protective measures shall be implemented.
o Follow-up surveys shall be conducted to determine if bats are still present. If species identification is required by the California Department of Fish and Wildlife (CDFW), surveys using night vision goggles and active acoustic monitoring using full spectrum bat detectors shall be used. A survey plan (number, timing, and type of surveys) shall be determined in coordination with CDFW.
o Based on the timing of demolition, the extent of bat sign or occupied habitat, and the species present (if determined), the qualified biologists shall work with the City and CDFW to develop a plan to discourage or exclude bat use prior to demolition. The plan may include installing exclusion measures or using light or other means to deter bats from using the buildings and structures to roost.

City Council/RSA Agenda 571 Tuesday, April 25, 2023
Planning Commission Resolution No. 6-23
SD-22-004
PA 9-10/Station East Residential

Page 22 of 32 ends

o A preconstruction survey of the interior and exterior of the buildings and structures shall be conducted within 24 hours of demolition. • Depending on the species of bats present, size of the bat roost, and timing of the demolition, additional protective measures may be necessary.

Appropriate measures shall be determined in coordination with the CDFW and may include measures listed below.
o To avoid impacts on maternity colonies or hibernating bats, the buildings and structures shall not be demolished while bats are present, generally between April 1 and September 15 (maternity season) and from October 30 to March 1 (hibernation).
o Removal of roosting habitat shall only occur only following the maternity season and prior to hibernation, generally between September 15 and October 30, unless exclusionary devices are first installed (as described below). Other measures, such as using lights to deter bat roosting, may be used if developed in coordination with and approved by CDFW.
o Installation of exclusion devices shall occur before maternity colonies establish or after they disperse, generally from March 1 –30 or September 15–October 30 to preclude bats from occupying a roost site during demolition. Exclusionary devices shall only be installed by or under the supervision of a qualified biologist.
o The project applicant shall implement the following measures prior to tree removal or trimming:
• Project applicant(s) shall avoid impacts on maternity colonies or hibernating bats if identified by avoiding tree removal between April 1 and September 15 (maternity season) and between October 30 and March 1 (hibernation) to the extent feasible.
• No more than 2 weeks prior to the start of tree removal or trimming, a qualified biologist shall examine the trees that are to be removed or trimmed to identify suitable bat roosting habitat. Highquality habitat features (e.g., large tree cavities, basal hollows, loose or peeling bark, larger snags) shall be identified, and the area around these features shall be searched for bats and bat sign (e.g., guano, culled insect parts, staining). If the qualified biologist concludes that the trees do not provide suitable bat roosting habitat, no further actions are necessary and tree removal or trimming may commence.

If the daytime survey identifies moderate or high potential for bats, an evening survey shall be conducted. The qualified biologist shall conduct evening visual emergence surveys of the source habitat feature from a half hour before sunset to 1 to 2 hours after sunset for a minimum of 2 nights within the season when construction shall take place. Night-vision goggles or full-spectrum acoustic detectors shall be used during emergence surveys to assist in species identification. All emergence surveys shall be conducted during favorable weather conditions (i.e., calm nights with temperatures conductive to bat activity [55 degrees and above] and no precipitation). If it is found that roosting special-status bats are present, protective measures determined by the qualified biologist in coordination with CDFW shall be implemented, as needed (see previous description for the types of City Council/RSA Agenda 572 Tuesday, April 25, 2023
Planning Commission Resolution No. 6-23
SD-22-004
PA 9-10/Station East Residential

Page 23 of 32 ends

measures). The CDFW may require compensatory mitigation for the loss of roosting habitat, depending on the species present and size of the bat roost.

Compensation, if required, shall be determined in consultation with the CDFW and may include constructing, installing, or monitoring suitable replacement habitat on-site or near the project site to ensure it functions as intended.
107. Mitigation Measure BIO-1c: Nesting Bird Protection. • To the extent practicable, vegetation and tree removal, structural demolition, and other construction-related activities shall be performed from September 1 through January 31 to avoid the general nesting period for migratory birds protected by the (Migratory Bird Treaty Act) MBTA. • If construction occurs during migratory bird nesting season (February 1 to August 31), the project applicant shall be responsible for the retention of a qualified biologist with demonstrated nesting bird survey experience to conduct a preconstruction nesting bird survey within 7 days prior to the start of construction in areas that have not been previously disturbed by project activities or after any construction breaks of 7 days or more. The survey shall be performed in suitable habitat to locate active passerine and raptor species (birds of prey) within 100 and 300 feet, respectively, of the applicable construction phase area.
• If active nests are located during the preconstruction nesting bird surveys, a qualified biologist shall determine if the schedule of construction activities could affect the active nest; if so, the following measures shall apply, as determined by the qualified biologist:
o If the qualified biologist determines that construction would not affect an active nest, construction may proceed without restriction; however, a qualified biologist shall regularly monitor the nest at a frequency determined appropriate for the surrounding construction activity to confirm that there would be no adverse effect. The frequency of spot check monitoring would be determined on a case-by-case basis, considering the particular construction activity, duration, proximity to the nest, and physical barriers that may screen activity from the nest. The qualified biologist may revise his or her determination at any time during the nesting season, in coordination with the City.
o If it is determined that construction may affect an active nest, the qualified biologist shall establish a no-disturbance buffer around the nest(s), and all project work shall halt within the buffer to avoid disturbance or destruction until the qualified biologist determines that the nest is no longer active. Typically, buffer distances are no less than 50 feet for passerines and no less than 250 for raptors. These are standard buffer distances that State and federal regulators agree on as it is widely known in the avian community to minimize disturbances to nesting birds.

City Council/RSA Agenda 573 Tuesday, April 25, 2023
Planning Commission Resolution No. 6-23
SD-22-004
PA 9-10/Station East Residential

Page 24 of 32 ends

o Modifying nest buffer distances, allowing certain construction activities within the buffer, and/or modifying construction methods in proximity to active nests shall be done at the discretion of the qualified biologist, in compliance with the California Fish and Game Code and other applicable laws.
o Any work that must occur within established no-disturbance buffers around active nests shall be monitored by a qualified biologist. If adverse effects in response to project work within the buffer are observed that could compromise the nest, work within the no-disturbance buffer(s) shall halt until the nest occupants have fledged.
o Any birds that begin nesting within the project area and survey buffers amid construction activities are assumed to be habituated to construction-related or similar noise and disturbance levels. Therefore, exclusion zones around nests may be reduced or eliminated in these cases, as determined by the qualified biologist. Work may proceed around these active nests as long as the nests and their occupants are not directly affected.
• Any inactive non-raptor nest on the project site shall be removed by a qualified biologist to deter nesting.
108. Mitigation Measure CUL-2a: Preconstruction Archaeological Sensitivity Training. Prior to the start of any construction activities, a qualified archaeologist shall conduct a preconstruction archaeological sensitivity training to the excavation crew. This training shall include an overview of what cultural resource are and why they are important, archaeological terms (such as site, feature, deposit), project site history, types of cultural resources likely to be uncovered during excavation, laws that protect cultural resources, and the unanticipated discovery protocol.
109. Mitigation Measure CUL-2b: Unanticipated Discovery Protocol. Should an archaeological resource be encountered during project construction activities, the construction contractor shall halt construction within 50 feet of the find and immediately notify the City. Construction activities shall be redirected and a qualified archaeologist, in consultation with the City, shall 1) evaluate the archaeological resource to determine if it meets the CEQA definition of a historical or unique archaeological resource and 2) make recommendations about the treatment of the resource, as warranted. If the resource does meet the CEQA definition of a historical or unique archaeological resource, then it shall be avoided to the extent feasible by project construction activities. If avoidance is not feasible, then adverse effects to the deposit shall be mitigated as specified by CEQA Guidelines Section 15126.4(b) (for historic resources) or Section 21083.2 (for unique archaeological resources). This mitigation may include, but is not limited to, a thorough recording of the resource on Department of Parks and Recreation Form 523 records, or archaeological data recovery excavation. If data recovery excavation is warranted, CEQA Guidelines Section 15126.4 (b)(3)(C), which requires a data recovery plan prior to data recovery excavation, shall be followed.

If the significant identified resources are unique archaeological resources, mitigation of these resources shall be subject to the limitations on mitigation City Council/RSA Agenda 574 Tuesday, April 25, 2023
Planning Commission Resolution No. 6-23
SD-22-004
PA 9-10/Station East Residential

Page 25 of 32 ends

measures for archaeological resources identified in CEQA Guidelines Sections 21083.2 (c) through 21083.2 (f).
110. Mitigation Measure CUL-3: Handling of Human Remains. In the event that any human remains are encountered during construction activities, work within 50 feet of the discovery shall be redirected and the Alameda County Coroner shall be notified immediately. Concurrently, an archaeologist shall be contacted to assess the situation and consult with the appropriate agencies. If the human remains are of Native American origin, the coroner shall notify the Native American Heritage Commission (NAHC) within 24 hours of this identification in accordance with section 5097.98 of the California Public Resources Code, and section 7050.5 of the California Health and Safety Code, as applicable. The NAHC shall identify a most likely descendant to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods. 111. Mitigation Measure GEO-7: Paleontological Monitoring and Mitigation Plan. Prior to initial ground disturbance in previously undisturbed strata of geologic units, the applicant shall retain a Qualified Paleontologist, as defined by the Society of Vertebrate Paleontology, to direct all mitigation measures related to paleontological resources and design a Paleontological Mitigation and Monitoring Program (PMMP) for the proposed project. The PMMP shall include measures for a preconstruction survey, a training program for construction personnel, paleontological monitoring, fossil salvage, curation, and final reporting, as applicable.
112. Mitigation Measure GHG-1a: Require Implementation of BAAQMDrecommended Construction BMPs. The project sponsor shall require their contractors, as a condition of contracts (e.g., standard specifications), to reduce construction-related GHG emissions by implementing BAAQMD's recommended BMPs, including (but not limited to) the following measures (based on BAAQMD's CEQA Guidelines ). The project applicant shall submit evidence of compliance to the City prior to permit issuance.
• Ensure alternative fueled (e.g. biodiesel, electric) construction vehicles/equipment make up at least 15 percent of the fleet • Use local building materials of at least 10 percent (sourced from within 100 miles of the Planning Area)
• Recycle and reuse at least 65 percent of construction waste or demolition materials
113. Mitigation Measure HAZ-2a: Site Management Plan. Prior to issuance of a grading permit, the project sponsor shall retain the services of a qualified environmental engineering firm to prepare and implement, during site preparation and grading activities, a Site Management Plan (SMP). The SMP shall be designed to protect human health and the environment and include protocols, measures, and techniques for the proper handling, management, and disposition of affected soils and groundwater associated with construction dewatering (if any) found on the site and any areas of off-site work during site preparation and grading activities.

The SMP shall also be designed to protect workers and off-site receptors during site activities and ensure the proper characterization, management, and/or City Council/RSA Agenda 575 Tuesday, April 25, 2023
Planning Commission Resolution No. 6-23
SD-22-004
PA 9-10/Station East Residential

Page 26 of 32 ends

disposal of contaminated environmental media that exceed applicable environmental screening levels established by the RWQCB, regional screening levels established by EPA, or other screening thresholds approved for the project.

Prior to the issuance of a grading permit, the project sponsor shall demonstrate compliance with the recommendations in the Step-out Soil Gas Assessment (ENGEO 2013) to address vapor intrusion concerns. Implementation of engineering controls shall be implemented on the project site in accordance with the Step-out Soil Gas Assessment (ENGEO 2013) to address the presence of elevated VOCs (in areas where TCE and PCE concentrations exceeded residential screening levels). Engineering controls shall be installed to redirect and or City Council/RSA Agenda 576 Tuesday, April 25, 2023
Planning Commission Resolution No. 6-23
SD-22-004
PA 9-10/Station East Residential

Page 27 of 32 ends

minimize VOC concentrations. Said engineering controls shall consist of controls that allow for appropriate ventilation and discharge of the vapors into the atmosphere.

Appropriate engineering control system(s) shall be determined with concurrence, approval, and oversight of the DTSC and RWQCB (as applicable) and shall be dependent on future building placement and construction. Any DTSC requirements for long-term operation, monitoring, and maintenance (OMM) of the vapor mitigation systems shall be complied with, including any requirements to secure the cost of such OMM with a financial security instrument such as a performance bond. Any land use covenant required by DTSC to ensure the long-term efficacy of the vapor mitigation systems shall be recorded in property title records by the project sponsor or successor owner. If monitoring or extraction wells remain in place at the time that engineering controls are submitted to DTSC and RWQCB, the placement of such engineering controls shall either not interfere with operation of the well facilities, or DTSC and/or RWQCB shall have approved any required modifications to the well facilities.

City Council/RSA Agenda 577 Tuesday, April 25, 2023
Planning Commission Resolution No. 6-23
SD-22-004
PA 9-10/Station East Residential

Page 28 of 32 ends

• Both the federal Occupational Safety and Health Administration (OSHA) and the California Occupational Safety and Health Administration (Cal/OSHA) regulate worker exposure during construction activities that affect lead-based paint. The Interim Final Rule found in 29 Code of Federal Regulations, Part 1926.62 covers construction work in which employees may be exposed to lead during such activities as demolition, removal, surface preparation for repainting, renovation, cleanup, and routine maintenance.
• Acquire necessary approvals from the City and/or County for specifications or commencement of abatement activities. Abatement activities shall be conducted by a licensed contractor. • Prior to demolition of construction debris containing asbestos the BAAQMD shall be notified ten days prior to initiating construction and demolition activities. Demolition permit submittal to the City shall include BAAQMD Asbestos Demolition/Renovation job number (J#) and related BAAQMD acknowledgement letter.
• Asbestos shall be disposed of at a licensed disposal facility. Section 19827.5 of the California Health and Safety Code, adopted January 1, 1991, requires that local agencies not issue demolition or alteration permits until an applicant has demonstrated compliance with notification requirements under applicable federal regulations regarding hazardous air pollutants, including asbestos.
• The local office of the Cal/OSHA shall be notified of asbestos abatement activities.
• Asbestos abatement contractors shall follow State regulations contained in 8 California Code of Regulations (CCR) 1529 and 8 CCR 341.6 through 341.14 where there is asbestos-related work involving 100 square feet or more of asbestos containing material.
• Asbestos removal contractors shall be certified as such by the Contractors Licensing Board of the State of California. The owner of the property where abatement is to occur shall have a Hazardous Waste Generator Number assigned by and registered with the Office of the California Department of Health Services in Sacramento. • Contractors and subcontractors shall comply with Union City Municipal Code 13.42.050 in performing a priority building materials screening assessment.

The contractor and hauler of hazardous building materials shall file a Hazardous Waste Manifest that details the hauling of the material from the site and the disposal of it. Pursuant to California law, the City of Union City shall not issue the required permit until the applicant has complied with the notice requirements described above.
116. Mitigation Measure NOI-1a: Construction Noise Control Plan. Prior to demolition or grading permit issuance, the project applicant shall submit a noise control plan to reduce construction noise levels such that project construction noise would be in compliance with the City’s Community Noise Ordinance, as determined by a qualified acoustical consultant, for approval by the Economic and Community Development Department. The plan shall require one of the following measures in order to achieve this result:

City Council/RSA Agenda 578 Tuesday, April 25, 2023
Planning Commission Resolution No. 6-23
SD-22-004
PA 9-10/Station East Residential

Page 29 of 32 ends

• Noise producing construction activities shall be restricted to the hours of 8:00 a.m. to 8:00 p.m. during weekdays; 9:00 a.m. to 8:00 p.m. on Saturdays; and 10:00 a.m. to 6:00 p.m. on Sundays and holidays. In addition, permitted construction activities shall meet at least one of the following noise limitations:
o No individual piece of equipment shall be permitted to produce a noise level exceeding 83 decibels (dBA) as measured at a distance of 25 feet. This could be achieved in a variety of ways, including but not limited to selecting quieter equipment that generates noise levels of less than 83 dBA Lmax at a distance of 25 feet, or incorporating sound muffling devices on construction equipment;
OR
o The noise levels at any point outside the property plane (for the purposes of this analysis, the “property plane” is assumed to be the boundaries of the project site) of the project shall not exceed 86 dBA.

This could be achieved in a variety of ways, including but not limited to ensuring equipment is operating at sufficient distances from the edge of the project site property line, incorporating sound muffling devices on construction equipment, or utilizing temporary noise barriers to reduce construction noise when construction equipment must be in proximity to the edge of the property line (particularly near noise-sensitive land uses).
• All construction equipment shall have appropriate sound muffling devices, which shall be properly maintained and used at all times such equipment is in operation.
• The project contractor shall place all stationary construction equipment so that emitted noise is directed away from the closest off-site sensitive receptors.
• The construction contractor shall locate on-site equipment staging areas so as to maximize the distance between construction-related noise sources and the noise-sensitive receptors closest to the project construction areas.
• A publicly visible sign shall be posted with the telephone number and contact information for the designated on-site construction manager available to receive and respond to noise complaints. This person shall report all complaints to the City of Union City Public Works Department. 117. Mitigation Measure NOI-1b: Operational Equipment Noise Control Plan. An Operational Equipment Noise Control Plan shall be prepared prior to issuance of the first City-issued building permit for the proposed development for approval by the Building Division. The plan shall include a noise analysis for the project that evaluates HVAC and other stationary mechanical equipment with the potential to generate noise levels in excess of ambient noise levels by 10 dB on new residential properties and by 12 dB on new commercial properties.

The analysis shall be prepared by persons qualified in acoustical analysis and/or engineering and demonstrate with reasonable certainty that the operational noise sources associated with the project would not result in a noise level that would be in excess of the Community Noise Ordinance. All recommendations from the acoustical analysis necessary for ensuring that noise sources would meet City Council/RSA Agenda 579 Tuesday, April 25, 2023
Planning Commission Resolution No. 6-23
SD-22-004
PA 9-10/Station East Residential

Page 30 of 32 ends

applicable requirements of the noise ordinance and would not result in 10 dB (for sources on residential properties) or 12 dB (for sources on commercial properties) increases in ambient noise levels shall be incorporated into plans submitted for building permit issuance and building operation.

Page 31 of 32 ends

or easements dedicated to the District and these easements must extend a minimum of 5-feet around the perimeter of the vault (reference Condition 125, below). The vaults must be flush with the existing grade and be set at no less than 6-inches below the top of the adjacent curb. The vault and service laterals should be located to provide a minimum horizontal clearance of five feet from other utilities and from trees. Reference District Standard Drawings CL-4-08 and CL-5-08.

Similarly, the proposed water services must meet District installation and clearance requirements, such as minimum horizontal clearances between service laterals.

Space must also be provided for the required private backflow prevention devices (reference Condition 123, above).
125. ACWD requires private sub-metering of all master metered units in compliance with Water Code Division 1, Chapter 8, Article 5 for newly constructed multi-unit residential structures served by master meters. Water service will not be provided until the City has inspected and certified that individual submeters to each dwelling unit have been installed and tested. It is the District's understanding that onsite sub-meters are under the jurisdiction of the California Department of Food and Agriculture, Division of Measurement Standards (CDFA DMS). The District recommends that the applicant and/or property owners contact CDFA DMS regarding any requirements they may have. Prior to the release of jobs for master meter installation and in accordance with the Water Code, applicant and/or property owner shall submit written verification by the City of Union City or applicant and/or property owner that private submeters have been installed to each individual unit served off the master meter.

126. Easements dedicated to the District shall be provided for all District-owned appurtenances located in private property and outside the public right-of-way.

Easements dedicated to the District will require a plat and legal description, prepared by a licensed surveyor, to District standards, along with a current title report for any property or properties affected by the easement. The applicant and/or property owner should refer to the Development Specifications or contact the District Engineering Department for more information. 127. Copies of the District’s Standard Specifications for Water Main Installation and Development Specifications for Public Water System Extensions are available on the District's website at http://www.acwd.org at http://www.acwd.org or may be purchased from the District’s engineering division.
128. For modifications of existing water facilities or to initiate new water service to the property, the applicant and/or property owner should contact the District Engineering Department. Any existing water services which will not be used in the new development must be removed by the District at the applicant’s and/or property owner’s expense.
129. Applicant and/or property owner shall contact ACWD’s Groundwater Resources Division regarding requirements related to any drilling, deep excavations, existing wells or elevator shaft construction.

City Council/RSA Agenda 581 Tuesday, April 25, 2023
Planning Commission Resolution No. 6-23
SD-22-004
PA 9-10/Station East Residential

Page 32 of 32 ends

130. Elevator Shafts: The installation of elevator shafts that intersect an aquifer or may impact the integrity of any aquitard located directly above an aquifer are regulated as other excavations under ACWD’s Ordinance No. 2010-01. Elevator shafts are frequently installed similar to wells and exploratory holes. If the annular space between the excavation or borehole wall and the shaft is not properly sealed, it can act as a vertical conduit and may create preferential pathways that allow pollutants to rapidly infiltrate the subsurface and impact groundwater. For this reason, ACWD requests the applicant and/or property owners coordinate the design of the elevator shaft with ACWD.
131. The State of California is currently experiencing a water supply emergency.

I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission of the City of Union City held on April 6, 2023 by the following vote:

AYES: 4
NOES: 1
ABSTAINED:

ABSENT:

MOVED:

SECONDED:

APPROVED

LEE GUIO, CHAIRPERSON
ATTEST:

CARMELA CAMPBELL, SECRETARY
City Council/RSA Agenda 582 Tuesday, April 25, 2023
ATTACHMENT 13
City Council/RSA Agenda 583 Tuesday, April 25, 2023
City Council/RSA Agenda 584 Tuesday, April 25, 2023
4/24/23, 10:28 AM Mail - Anna M. Brown - Outlook
https://outlook.office365.com/mail/inbox/id/AAMkAGQ5M2I3MmQyLTlmNzctNGM0ZS1iMmNkLTI1YzRhYjg0ZTQ2MgBGAAAAAACM05ubLbLATamVp… 1/1 6A.Tomorrow city Council meeting oral communication comment

KENDAHYL WALLACE
Mon 4/24/2023 10:20 AM
To: City Clerk <[email protected]>
WARNING: External email. Please verify sender before opening attachments or clicking on links.

Dear city council
I am happy the station east project is moving forward.However I’m very disappointed with lost of units and the amount of affordable housing and retail.These things need be addressed in this project other projects including the gateway project going forward.There alot people who want to move to Union city but can’t due to high cost of living and shortage of units. Also the people in the Decoto neighborhood don’t have any grocery options that need be considered in this project . Land should also be set aside for new police station and library as many of city employees have no work space.Lastly the height of these buildings is to low if you look at other nearby cities there apartments complex are 6 stories or more.

Sincerely Kendahyl
Sent from my iPhone
City Council/RSA Agenda 585 Tuesday, April 25, 2023
Station East Mixed Use Residential Project
Item 6.a
Development Agreement Amendment (ADA-23-001)
Tentative Map Amendment (ATM-23-001)
Site Development Review-PA 4 (SD-22-003)
Site Development Review-PA 9/10 (SD-22-004)
City Council/RSA Agenda 586 Tuesday, April 25, 2023
2 Station East Mixed Use Residential Project Location
City Council/RSA Agenda 587 Tuesday, April 25, 2023
3 Station District Specific Plan
Station District Specific Plan approved in October 2022, included amendments related to Station East Project:
• General Plan Amendment: new Station East Mixed Use
Residential designation
• Specific Plan: previous amendment to DIPSA Specific Plan included as Appendix B to Station District Specific Plan • Zoning Text Amendment: edits to SEMU-R regulations
City Council/RSA Agenda 588 Tuesday, April 25, 2023
4 2021 Approval
City Council/RSA Agenda 589 Tuesday, April 25, 2023
5 2023 Proposal
City Council/RSA Agenda 590 Tuesday, April 25, 2023
6 Development Agreement Amendment-Unit Changes
PA 1 PA 2 PA 3 PA 4 PA 5/6 PA 7/8 PA
9/10
PA 11A Total
Units
Renter
/
Owner
2021
Approvals
Apt Condo Apt Condo TH Condo Condo TH
253 136 123 134 72 120 100 36 974 376 /
598
Current
Proposal
Apt Apt Apt Condo TH Condo Condo TH
256 159 123 50 72 120 78 36 894 538 /
356
Change +3 +23 -84 -22 -80
City Council/RSA Agenda 591 Tuesday, April 25, 2023
7 Affordable Housing
Total
Units
15%
BMR
PA 1 PA 3 In-Lieu
Fee
2021 Approvals 974 146.1 24 122 0.1
2023 Proposal 894 134.1 12 122 0.1
2021 Approvals 2023 Proposal
Studio 4 2
One-Bedroom 8 4
Two-Bedroom 2 1
Three-Bedroom 10 5
Total 24 12
Affordable Unit Mix on PA 1
City Council/RSA Agenda 592 Tuesday, April 25, 2023
8 Development Agreement Amendment
• Clarify obligations related to Master HOA & CFD
• To the extent allowed by law, CFD will apply to both rental and ownership units at the same rate
• Add provision to capture additional sales/use tax
• Use commercially reasonable efforts to have City receive full local use tax portion for large construction purchases
• Adjust provisions for Operating Memorandum
• Allows increase/decrease of 2% of total units or 10% of units in a specific PA • Update exhibits for consistency
• Exhibits: B-Site Plan; D-Permitted Density & Intensity of Use; H-Parks & Open Space City Council/RSA Agenda 593 Tuesday, April 25, 2023
9 Tentative Map Amendment
• PA 9/10 lot configuration to accommodate different building type City Council/RSA Agenda 594 Tuesday, April 25, 2023
10 Parks &
Open Space
Plan
City Council/RSA Agenda 595 Tuesday, April 25, 2023
11 Tentative Map Amendment
• Neighborhood Park C – size reduced to accommodate detention basin reshaped to reduce driveways on 9th Street
Approved: Proposed:

City Council/RSA Agenda 596 Tuesday, April 25, 2023
12 Neighborhood Park C
City Council/RSA Agenda 597 Tuesday, April 25, 2023
13 Potential Future Roadway Connections
City Council/RSA Agenda 598 Tuesday, April 25, 2023
14 Tentative Map Amendment
• PA 9/10 – L Street: Change from 62’ ROW to easement 52’ to 93’ wide to accommodate detention basin reshaping
Approved: Proposed:

City Council/RSA Agenda 599 Tuesday, April 25, 2023
15 Tentative Map Amendment
• PA 2 & PA 4 lot configuration to accommodate different building type City Council/RSA Agenda 600 Tuesday, April 25, 2023
16 Site Development Review SD-22-003 (PA 4)
• Change from previous 2-building 5-story apartment product due to market conditions to 6-building 4-story condominium
• Project basics:
• 50 condominium units on 1.71 acres
• Frontage on 8th, 9th, and L Streets; border with PA 2 • Six 4-story “walk-up” buildings
• Individual unit entries facing streets or walkways
• Individual unit garages at rear served by private roadways City Council/RSA Agenda 601 Tuesday, April 25, 2023
17 Site Plan
City Council/RSA Agenda 602 Tuesday, April 25, 2023
18 8th Street
City Council/RSA Agenda 603 Tuesday, April 25, 2023
19 Rear Perspective
City Council/RSA Agenda 604 Tuesday, April 25, 2023
20 Side Facing Street
City Council/RSA Agenda 605 Tuesday, April 25, 2023
21 Landscape Plan
City Council/RSA Agenda 606 Tuesday, April 25, 2023
22 Special Conditions

13. No ground mounted AC units within 6’ setback or within public utility easements

17. Building permit plans shall include either: 1) easement or equivalent to share amenities and removal of temporary wood fence or 2) tubular steel fence
98-117. Mitigation Measures
City Council/RSA Agenda 607 Tuesday, April 25, 2023
23 Site Development Review SD-22-004 (PA 9/10)
• Change from previous 2-building 4-story condominium product to 4-building 4-story condominium due to market conditions and construction feasibility
• Project basics:
• 78 condominium units on 1.42 acres
• Frontage on 9th and Bradford Way; includes L Street extension; borders detention basins
• Four 4-story elevator served buildings
• Lobby entries plus one unit entry per building facing 9th Street • Combination of individual and shared garages
City Council/RSA Agenda 608 Tuesday, April 25, 2023
24 Site Plan
City Council/RSA Agenda 609 Tuesday, April 25, 2023
25 1
st
Level:

Cosmo-18
City Council/RSA Agenda 610 Tuesday, April 25, 2023
26 1
st
Level:

Cosmo-21
City Council/RSA Agenda 611 Tuesday, April 25, 2023
27 9th Street
City Council/RSA Agenda 612 Tuesday, April 25, 2023
28 Front Corner
City Council/RSA Agenda 613 Tuesday, April 25, 2023
29 Lobby Entrance
City Council/RSA Agenda 614 Tuesday, April 25, 2023
30 Front Elevations
City Council/RSA Agenda 615 Tuesday, April 25, 2023
31 Landscape Plan
City Council/RSA Agenda 616 Tuesday, April 25, 2023
32 Special Conditions

7.g. CC&Rs to include provisions for professional management of solid waste handling

16. Pathways connecting the pedestrian paths between the buildings and the detention basin with the sidewalks on L Street and Bradford Way, unless determined to be infeasible

22. Bike racks: 12 exterior and 40-64 interior within the garages

30. Solid Waste Management Plan – including operational details 98-117. Mitigation Measures
City Council/RSA Agenda 617 Tuesday, April 25, 2023
33 Addendum to Environmental Impact Report
• Proposed amendments would result in same or lesser impacts • Recommend adoption of Addendum based on:
• No new significant environmental impacts or increase in severity of impacts
• No new information of substantial importance that shows significant environmental impacts not discussed in the EIR City Council/RSA Agenda 618 Tuesday, April 25, 2023
34 Planning Commission Review: 4/6/23
• Desk Item: responses to Commissioner Lew and Charles Cameron – amended Condition No. 32 regarding lighting to be down-directed • Planning Commission Recommendations:
• Adopt Addendum to the Station East Residential / Mixed Use Project (SCH 2020039032): 5-0
• Approve Amendment to the Station East Mixed Use / Residential Project Development Agreement (ADA-23-001): 5-0
• Approve Amendment to Tentative Tract Map 8251 (ATM-23-001): 5-0 • Approve Site Development Review for Planning Area 4 within the Project Site (APN 0087-0022-013-02 [Portion]) (SD-22-003): 5-0
• Approve Site Development Review for Planning Area 9/10 within the Project Site (APN 0087-0022-013-02 [Portion]) (SD-22-004): 4-1
City Council/RSA Agenda 619 Tuesday, April 25, 2023
35 Public Comments
• Charles Cameron (first comment letter; addressed in Desk Item):
▪ Noise from UPRR - Addressed in Project EIR
▪ Vacancy rates - Commercial uses on major street will help viability ▪ Is market or snack/coffee shop planned? – Yes
▪ Transit changes to better serve project? – Yes, new shelters ▪ West side BART & bus design - Comment noted
▪ City Flex (FLEA) should serve Station East - Will forward to UC Transit staff • Charles Cameron (second comment letter):
▪ Disappointed with loss of seating at The Marketplace Shopping Center / Starbucks & grocery selections - PA 1 proposal includes extensive public outdoor seating & is being designed for small grocery store
▪ Where is Station East Owner located – Dublin, California ▪ Existing truck loads of dirt on Decoto Road – Comment noted City Council/RSA Agenda 620 Tuesday, April 25, 2023
36 Public Comments
• Kendahyl Wallace:
▪ Disappointed with loss of units, amount of affordable housing and retail - Applicant provided feedback that project updates (including reduction in units) responds to market conditions and ensures project feasibility in the long term; project meets affordable housing requirements including deeper levels of affordability than required; retail space is being reduced by small amount ▪ Decoto neighborhood needs grocery options - PA 1 space is being designed for small grocery store
▪ Land should be set aside for new police station and library - Not a part of current project
▪ Height of buildings is too low - Project design is market driven; proposal meets density minimums for SEMU-R
City Council/RSA Agenda 621 Tuesday, April 25, 2023
37 Recommendation
• Consistent with the Planning Commission recommendation, staff recommends the City Council:
• Adopt a Resolution Adopting an Addendum to the Station East Residential / Mixed Use Project (SCH 2020039032)
• Introduce an Ordinance Approving an Amendment to the Station East Mixed Use / Residential Project Development Agreement (ADA-23-001)
• Adopt a Resolution Approving an Amendment to Tentative Tract Map 8251 (ATM-23- 001)
• Adopt a Resolution Approving Site Development Review for Planning Area 4 within the Project Site (APN 0087-0022-013-02 [Portion]) (SD-22-003) • Adopt a Resolution Approving Site Development Review for Planning Area 9/10 within the Project Site (APN 0087-0022-013-02 [Portion]) (SD-22-004) City Council/RSA Agenda 622 Tuesday, April 25, 2023
Agenda Item
DATE: 4/25/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION APPROVING THE ISSUANCE OF A PROPOSITION 218 NOTICE AND SCHEDULING A PUBLIC HEARING ON

THE PROPOSED INCREASE OF LANDFILL, COMPOST, AND RECYCLE COLLECTION SERVICE RATES FOR FISCALYEAR 2023-2024
The City’s Franchise Agreements for landfill (solid waste), compost (organic waste), and recycle collection services with Republic Services (Republic) and Tri-City Economic Development Corporation (Tri-CED), prescribe an annual increase in compensation. The compensation increase for FY 2023-2024 will result in rate increases effective July 1, 2023. Solid waste fees for residential customers are billed through the property tax roll. Commercial customers are billed directly by Republic Services. California Constitution Article XIII D § 6(a), commonly referred to as Proposition (Prop) 218, requires written notification to all affected property owners, and a 45-day period for property owners to submit written protests if they oppose the proposed rate adjustments.

Staff recommends that the City Counciladopt a resolution approving the issuance of a Proposition 218 Notice and scheduling a Public Hearing on the proposed increase of landfill, compost, and recycle collection service rates for FY 2023-2024.

STRATEGIC PLAN ALIGNMENT
While not directly mentioned as a strategy, this report is in alignment with the overarching Goal D:

Environmental Sustainability and Infrastructure. Annually reviewing the City’s collection service agreements and rates enables the City to meet the State’s requirements and waste reduction targets.

BACKGROUND
The City’s Franchise Agreements with Republic and Tri-CED specify that landfill (solid waste), compost (organic waste), and recycle collection service rates shall be adjusted annually. Residential and commercial service rates are set to generate sufficient revenue to compensate the two collection service providers. Staff City Council/RSA Agenda 623 Tuesday, April 25, 2023
recently completed its review of Compensation Adjustment Applications for FY 23-24 submitted by Republic and Tri-CED. For FY 23-24, the adjustment to contractor’s compensation was determined using the indexbased adjustment method. The index-based compensation adjustment is based on the annual percentage changes in indices (e.g., consumer price index for wages).

This review resulted in decreasing the 4.75% increase included in Republic Services Compensation Application to 3.51%, and the 5.79% increase included in the Tri-CED Compensation Application to 5.60%. While a variety of factors and adjustments were applied to the contractors’ respective Compensation Applications, the reductions were primarily due to the calculation and treatment of City fees in the calculations.

To reiterate, the increases in Total Contractor’s Compensation for FY 23-24 is 3.51% for Republic Services and 5.60% for Tri-CED.

DISCUSSION
The Franchise Agreements for collection of landfill (solid waste), compost (organic waste), and recycle collection services with Republic and Tri-CED prescribe an annual adjustment to the contractor’s compensation based on either their actual costs (i.e., cost-based) for the preceding year, or a year-over-year changes in various indices (i.e., index-based). The cost-based process occurs every third year and was applied for FY 22-23, whereas the index-based method occurred the prior two years (FY 20-21, FY 21-22) and is applied again for FY 23-24. When compensation is adjusted the rates charged to all customers are also adjusted to generate the required revenue.

In addition, the rates paid by residential single-family customers and commercial customers include City fees which contribute to the General Fund (i.e., franchise fees) and specific City expenses (i.e., vehicle impact fee, stormwater mitigation compliance fee, AB 939 fee, franchise agreement administrative fee, SB 1383 fee). The AB 939 and franchise agreement administrative fees are used to pay for staff salaries and related program expenses to ensure the City’s compliance with State and County mandated waste reduction and recycling activities, and the SB 1383 fee is reserved specifically for expenses associated with the unfunded mandates associated with SB 1383.

Residential Collection Service Rates
Union City homeowners pay for curbside collection of landfill (solid waste), compost (organic waste), and recycling by way of special assessments applied to annual property tax statements issued by the Alameda County Tax Collector. The fees for basic service are based on weekly servicing of a 35-gallon landfill cart, a 96-gallon organics cart, and a 64-gallon recycling cart. Homeowners requesting larger carts or extra services are billed directly by Republic for the difference in the standard service rate and the elective service they subscribe to. Commercialcustomers are also billed directly by Republic monthly.

The proposed annual assessment for FY 23-24 for single-family households with 3-cart service is $504.00 for landfilland compost collection, and $200.16 for recycle collection. Table 1 provides the annual rates that were approved FY 22-23 and the proposed FY 23-24 rates for Single-Family customers.

City Council/RSA Agenda 624 Tuesday, April 25, 2023
The proposed monthly expense for FY 23-24 for single-family households with 3-cart weekly service is $58.68 per month, or an increase of $2.31 per month compared to the monthly combined rate for FY 22-23. Table 2 below provides the monthly rates that were approved FY 22-23 and the proposed FY 23-24 rates for SingleFamily customers.

The City Council authorized Recycling Processing Surcharge (RPS) payments to Tri-CED per Resolution No. 5628-20 adopted on July 30, 2020, and Resolution No. 5687-20 adopted on November 24, 2020. The Single-Family recycling rates denoted in Tables 1 and 2 above, and the Multi-Family recycling rates denoted in Tables 4 and 5 below, all include the RPS in the recycling rate. Table 3 provides the RPS fees and total amount of RPS compensation for Tri-CED for FY 21-22, FY 22-23, and the proposed amount for FY 23-24.

A deduction in the company’s requested RPS was made in FY 21-22 because the facility was still closed due to a fire that occurred in the previous year. In addition, City staff is recommending a deduction for FY 23-24 to bridge a deficit in revenue collected from Tri-CED billings due to a discrepancy identified in the household count applied to the rates. The City and Tri-CED have discussed this issue and staff is awaiting details on the company’s position on this approach to reconcile the issue.

City Council/RSA Agenda 625 Tuesday, April 25, 2023
Because of space constraints, most townhome and condominium properties do not currently receive compost (organics waste) cart service. For these parcelized multi-family parcels, the proposed annual assessment for FY 23-24 is $337.80 for landfill collection and $200.16 for recycle collection. Table 4 below provides the annual rates that were approved FY 22-23 and the proposed FY 23-24 rates for Parcelized Multi-Family customers.

The proposed monthly expense for FY 23-24 for parcelized multi-family parcels with 2-cart weekly collection service (i.e., landfill and recycle) is $44.83 per month, or an increase of $1.83 per month compared to the monthly combined rate for FY 22-23. Table 5 below provides the monthly rates that were approved FY 22-23 and the proposed FY 23-24 rates for Parcelized Multi-Family customers.

City Council/RSA Agenda 626 Tuesday, April 25, 2023
Commercial Collection Service Rates
An increase of 3.51% in commercial rates for landfill (solid waste), compost (organics waste), and recycle collection services is proposed for FY 23-24. For a standard three cubic yard solid waste bin serviced one time per week, the increase amounts to $15.50 per month. The City encourages commercial customers to reduce waste by offering recycle and compost collection services with rates that are 40% less than comparable landfill rates. For example, the proposed monthly rate for weekly collection of a 3-cubic yard landfill bin is $457.23 per month, whereas the rate is $274.32 a month for either recycle or compost collection service.

Businesses can realize additional savings by downsizing their landfill service levels through increased recycling and composting. Table 6 below provides examples of the monthly rates that were approved FY 22-23 and the proposed FY 23-24 rates for Commercial Bin customers.

Proposition 218 and Majority Protest Process
The City’s process to adjust contractor’s compensation, City fees, and associated rates is prescribed in the Franchise Agreements and also governed by California’s Proposition (Prop) 218. Prop 218 specifies that a property related fee must not exceed the funds required to provide the service, and revenues from the fee must not be used for any purpose other than that for which the fee is imposed.

In addition, Prop 218 requires that certain procedures be followed with regard to “property-related” fee increases imposed by governmental agencies. Any agency imposing or increasing any property-related fee or charge must provide written notice to the affected property owner of record. Attachment 1 is the draft Prop 218 Notice of Public Hearing on Proposed Increase in Landfill (Solid Waste), Compost (Organic Waste), and Recycle Service Rates Effective July 1, 2023. Attachment 2 is Rate Schedule A – Proposed FY 23-24 Republic Services Residential and Commercial Landfill, Compost, and Recycle Collection Service Rates.

Attachment 3 is Rate Schedule B – Proposed FY 23-24 Tri-CED Recycling Collection Service Rates.

The City Council is asked to adopt Attachment 4, a resolution approving the issuance of the Prop 218 Notice of Public Hearing. Following adoption of the resolution, City staff will mail the notice to approximately17,000 residential and commercial property owners in Union City. Prop 218 requires the notice be mailed at least 45 days before the public hearing which will be scheduled for the June 13, 2023 City Council meeting.

The Public Hearing Notice describes the amount of the proposed rate increases, rationale for the increase, calculation of fee, and the procedure for property owners to protest the proposed rate increases. This procedure entails submittal of written protests to the City before the close of the public hearing on June 13, 2023. In accordance with the requirements of Prop 218, a “majority protest” exists if written protests against the proposed fee or charge are presented by a majority of owners of the identified parcels. While oral testimony will be accepted during the public hearing, these verbal objections will not be counted toward a “majority protest” since valid protests must be submitted in writing and timely. If a majority of property owners protest, then the fee cannot be adopted or increased, and the rates will remain unchanged. If a majority protest City Council/RSA Agenda 627 Tuesday, April 25, 2023
is not received, the City Council may adopt the proposed landfill (solid waste), compost (organic waste), and recycle collection service rates for FY 23-24. The Prop 218 noticing process is intended to provide ratepayers advance notice and an opportunity to file a formal protest regarding the proposed solid waste property related fees.

City Council approval of the issuance of the Prop 218 Notice simply allows for the rate adjustment process to proceed; it is not an approval of the proposed rates. City Council consideration to adopt the final rates will occur at the June 13, 2023 City Council meeting/public hearing, pending the results of the majority protest count. The finalapproved rates cannot exceed the rates delineated in the Prop 218 Notice issued.

FISCAL IMPACT
Funds to cover the expense of preparation, printing, and mailing of the Public Hearing Notice to approximately 17,000 households and commercialcustomers are available in Solid Waste Management Fund Account #2030- 1201-20021-XXXXX. No General Fund monies will be used.

The annual adjustment to contractor’s compensation prescribed in the Franchise Agreement contributes to the generation of City fees totaling $7,591,417 in FY 23-24. Approximately $6,828,126 through Republic Services and $763,291 from Tri-CED will be accrued under the proposed rate schedules. It is important to note that these are unaudited, preliminary revenue figures based on comparisons of proposed past revenues and are therefore subject to change and City Councilapproval of the final rates to become effective July 1, 2023.

RECOMMENDATION
Staff recommends that the City Counciladopt a resolution approving the issuance of a Proposition 218 Notice and scheduling a Public Hearing on the proposed increase of landfill (solid waste), compost (organic waste), and recycle collection service rates for FY 23-24.

Prepared by:

Cliff Feldman, Recycling and Solid Waste Manager
Submitted by:

Jennifer Phan, Deputy City Manager
ATTACHMENTS:

Description Type
Attachment 1 – Proposition 218 Notice of Public Hearing for Landfill (Solid Waste), Compost (Organic Waste),and Recycle Collection Service Rates for Fiscal Year 2023-2024
Attachment
Attachment 2 – Rate ScheduleA – Proposed FY23-24 Republic Services Residentialand Commercial Landfill, Compost and Recycling Collection Service Rates
Attachment
Attachment 3 – Rate Schedule B– Proposed FY23-24 Tri-CED Recycling Collection Service Rates
Attachment
Attachment 4 – Resolution Resolution
Power Point Attachment
City Council/RSA Agenda 628 Tuesday, April 25, 2023
City Council/RSA Agenda 629 Tuesday, April 25, 2023

CITY OF UNION CITY

NOTICE OF PUBLIC HEARING ON PROPOSED

LANDFILL (SOLID WASTE), COMPOST (ORGANIC WASTE)

AND RECYCLING COLLECTION SERVICE RATES INCREASE
FOR 2023-24
The City Council will conduct a Public Hearing to consider all public comment in support of and in opposition to the proposed solid waste, organic waste and recycling rates increase for Fiscal Year 2023-24 on:

June 13, 2023 at 7:00 p.m.

Council Chamber at City Hall
34009 Alvarado Niles Rd., Union City, CA
If approved, the proposed rates would become effective July 1, 2023.

Reason and Basis for the Proposed Increase in Rates
Landfill (garbage), compost (organics) and recycle collection services are provided to residents and businesses within the City of Union City (Union City) by Republic Services and Tri-City Economic Development Corporation (Tri-CED), who have the exclusive right to provide those services through franchise agreements with Union City. The amount the two service providers may charge for their services is regulated by the franchise agreements. This amount is adjusted each year to reflect inflationary increases in the cost to provide safe, environmentally sound, and reliable landfill, compost and recycle transportation and disposal or processing services to Union City. These costs include, without limitation, labor, fuel, transfer and landfill fees. These costs serve as the basis of the fees paid by customers, which also include amounts to cover related City expenses including, but not limited to contract and solid waste management, public education, customer service, and collection service impacts on local streets. The rates for landfill, compost and recycle are proposed to increase based on a 3.51% adjustment in compensation for Republic Services attributed to inflation and disposal expense increases and a 5.60% adjustment in compensation for Tri-CED attributed to inflation.

Proposed Increase: Residential Rates
Union City residential property owners pay for minimum curbside collection of landfill, compost and recycle by way of assessments which appear on the annual property tax statement. The fees for basic service are based on weekly servicing of a 35-gallon garbage cart, a 64-gallon recycling cart and a 96-gallon compost (organics) cart.

Annual Assessments for Single Family Households (3-cart weekly service) Service Type 2022/23 (Current) 2023/24 (Proposed) Annual Increase Garbage/Compost/Storm Water $486.84 $504.00 $17.16
Recycling $189.60 $200.16 $10.56
The proposed Recycling assessment includes a $24.00 per year ($2.00 per month) Recycling Processing Surcharge. Combined, the assessments equate to $704.16 per year cost to single family homeowners for weekly servicing of the three (3) carts, or an increase of $27.72 per year compared to the combined annual rate for Fiscal Year 2022-23.

Parcelized Multi-Family properties (townhomes, condominiums) will pay for servicing of two (2) carts (garbage and recycling, no compost) based on the following proposed annual assessments.

Annual Assessments for Parcelized Multi-Family Households (2-cart weekly service) Service Type 2022/23 (Current) 2023/24 (Proposed) Annual Increase Garbage/Storm Water $326.40 $337.80 $11.40
Recycling $189.60 $200.16 $10.56
The proposed rate adjustments equate to a combined $537.96 per year cost to parcelized multi-family homeowners, including the Recycling Processing Surcharge, and result in an increase of $21.96 per year compared to the combined monthly rate for Fiscal Year 2022-23.

The complete list of the proposed residential garbage, organics and recycling collection rates is available for viewing at https://www.unioncity.org/160/Rates-for-Recycling-Garbage.

Proposed Increase: Commercial Rates
An increase of 3.51% is proposed for commercial customers billed monthly by Republic Services. The table below shows the most common service levels and proposed rates if the containers are serviced one time a week.

Examples of Monthly Rates for Commercial Collection
Service Type 2022/23 (Current) 2023/24 (Proposed) Monthly Increase Garbage (3yd bin) $441.73 $457.23 $15.50
Recycling (3yd bin) $265.02 $274.32 $9.30
Organics (3yd bin) $265.02 $274.32 $9.30
Organics (64-gal cart) $48.95 $50.67 $1.72
The complete list of the proposed commercial and high-density multi-family garbage, organics and recycling collection rates is available for viewing at https://www.unioncity.org/330/Commercial-Recycling.

City Council/RSA Agenda 630 Tuesday, April 25, 2023
Comments on and Protests to the Proposed Rate Adjustments The City Council will conduct a public hearing to consider approving the proposed rates on June 13, 2023 at 7:00 p.m. at City Hall. Any members of the public may attend the meeting to provide oral comments. Any property owner (or customer of record if different) may submit a written protest for the proposed rates. At the end of the public hearing, if written protests have been submitted on behalf of a majority of the parcels subject to the proposed rates, the City Council will not adopt the proposed rates. All protests must be in writing and include: 1) an original signature, 2) your printed name, 3) your street address or Assessor Parcel Number (APN) and 4) a statement that you protest the Proposed Rate Increase. Protests submitted by e-mail or facsimile, as well as verbal protests, will not be counted toward a “majority protest.” Written protests must be received prior to the conclusion of the public hearing to be counted. You may file a written protest in one of two ways:

1. Written Protests may be submitted by mail to: City Clerk; City of Union City; 34009 Alvarado-Niles Road, Union City, CA 94587

2. Written Protest may be submitted in person at the Public Hearing.

Please identify on the front of your envelope that the enclosed letter is for the “2023/24 Garbage, Compost and Recycling Rate Increase Public Hearing.” If adopted by the City Council, the proposed rate changes will become effective on July 1, 2023 and apply to all residential parcels and commercial customers located within the City of Union City.

For additional information regarding the proposed rate increase, please call the City Manager’s office at (510) 675-5466 or email [email protected].

Postal endorsement line
APN:

Property Owner
Address
City, St Zip
Postal barcode

OFFICIAL PROTEST FROM:

Property owner or an authorized representative may complete this form and hand deliver or mail to the City of Union City, Office of the City Clerk, 34009 Alvarado-Niles Road, Union City, CA 94587. All written protests must be received (not postmarked) before the close of the City Council public hearing set for Tuesday, June 13, 2023. _____ I protest the proposed increases in garbage, organics and recycling rates Name: _________________________________________________________________________________ (Print first and last name, must be legible)
Property Address or Assessor’s Parcel Number (APN) ___________________________________________ Please sign: ________________________________________________________ Date: _______________ If you have any questions, please call the City Manager’s office at (510) 675-5466.

City Council/RSA Agenda 631 Tuesday, April 25, 2023
Schedule A
Single-Family Dwelling: Regularly Scheduled Curbside Collection Services Size of
Landfill
Container Service Frequency
2023 Rates
(July 1, 2023 -
June 30, 2024)
20-gal cart 1 pick-up/wk $33.59
35-gal cart 1 pick-up/wk $42.00
64-gal cart 1 pick-up/wk $84.06
96-gal cart 1 pick-up/wk $126.04
Extra Compost (Organic Materials) Containers (Monthly Rate) Extra Compost cart* 1 pick-up/wk $25.10
*Rate shall be applicable for any cart size selected by customer.

Parcelized Multi-Family Dwelling: Regularly Scheduled Curbside Collection Services Basic Service (Monthly Rate for Landfill (Solid Waste) Collection Services) Size of
Landfill
Container Service Frequency
2023 Rates
(July 1, 2023 -
June 30, 2024)
20-gal cart 1 pick-up/wk $22.51
35-gal cart 1 pick-up/wk $28.15
64-gal cart 1 pick-up/wk $56.29
96-gal cart 1 pick-up/wk $84.47
Type of Service Additional Description
2023 Rates
(July 1, 2023 -
June 30, 2024)
Extra 32-gal bag of Compost collected on
customer's regularly scheduled collection day $28.16
Extra 32-gal bag of Landfill collected on
customer's regularly scheduled collection day $28.16
Extra 32-gal bag of Landfill collected on a day
other than the customer's regularly scheduled
collection day
$54.90
Bulky Item Pickup fee for up to two items
(applies to pickups in excess of two cleanup
collections per year)
$94.12
Bulky Item Pickup fee for each additional item Applies to pickups in excess of 2 cleanup collections per year $31.40
Additional Bulky Item Pickup fee for each
appliance containing refrigerants
Applies to pickups in excess of 2
cleanup collections per year $73.20
Extra Pick-Ups/On-Call Collection Services (Rate per pick-up) for Single-Family
and Parcelized Multi-Family Customers
City of Union City
Residential Rates
(Includes Multi-Family Dwellings Receiving Cart Service) Service Provided by Republic Services
Basic Service (Monthly Rate for Landfill (Solid Waste) and Compost (Organic Materials) Collection Services)
Residential Rates 23-24 1 of 10 July 1, 2023 City Council/RSA Agenda 632 Tuesday, April 25, 2023 Schedule A
City of Union City
Residential Rates
(Includes Multi-Family Dwellings Receiving Cart Service) Service Provided by Republic Services
Type of Service Additional Description
2023 Rates
(July 1, 2023 -
June 30, 2024)
6-yard bin Maximum 3-day rental.

Homeowner may not place dirt,
rocks, concrete, construction
materials, tires, engine parts or
hazardous materials in the bin.
$349.29
Cart delivery/pick-up Extra fee paid if customer
requests a change in Cart size
more than once per year
$73.20
Cart replacement Extra fee paid if customer
requires Cart replacement (one
replacement per year at no cost) $135.97
Contamination charge (after issuance of
warning notices) for Recycle or Compost 20-
gal cart collected as Landfill 1
Extra fee paid if contents of
Recycle or Compost cart
includes excessive
contamination and is collected as
Landfill
$22.51
Contamination charge (after issuance of
warning notices) for Recycle or Compost 35-
gal cart collected as Landfill 1
Extra fee paid if contents of
Recycle or Compost cart
includes excessive
contamination and is collected as
Landfill
$28.15
Contamination charge (after issuance of
warning notices) for Recycle or Compost 64-
gal cart collected as Landfill 1
Extra fee paid if contents of
Recycle or Compost cart
includes excessive
contamination and is collected as
Landfill
$56.29
Contamination charge (after issuance of
warning notices) for Recycle or Compost 96-
gal cart collected as Landfill 1
Extra fee paid if contents of
Recycle or Compost cart
includes excessive
contamination and is collected as
Landfill
$84.47
1 Rate charged is the same as: Parcelized Multi-Family Dwelling Landfill collection basic service.

Miscellaneous Services (Rate per event) for Single-Family and Parcelized Multi-Family Customers
Residential Rates 23-24 2 of 10 July 1, 2023 City Council/RSA Agenda 633 Tuesday, April 25, 2023 Schedule A
Type of Service Receptacle
Service Frequency (PickUps/Week)
2023 Rates
(July 1, 2023 -
June 30, 2024)
Regularly Scheduled Landfill (Solid Waste) Cart Services (Monthly Rate) Landfill 35-gallon cart 1 $42.20
64-gallon cart 1 $84.45
96-gallon cart 1 $126.64
35-gallon cart* 1 $28.15
*Tropics Mobile Home Park Customers Only
Regularly Scheduled Landfill (Solid Waste) Bin Services (Monthly Rate) Landfill 1 cubic yard container 1 $174.49
2 $348.99
3 $481.92
4 $614.84
5 $856.33
6 $883.15
Landfill 2 cubic yard container 1 $327.01
2 $593.22
3 $859.55
4 $1,125.79
5 $1,392.01
6 $1,660.75
Landfill 3 cubic yard container 1 $457.23
2 $851.68
3 $1,246.10
4 $1,640.45
5 $2,034.70
6 $2,429.24
Landfill 4 cubic yard container 1 $592.64
2 $1,112.02
3 $1,631.33
4 $2,150.79
5 $2,670.14
6 $3,189.50
Landfill 6 cubic yard container 1 $885.61
2 $1,664.62
3 $2,443.59
4 $3,222.65
5 $4,001.65
6 $4,780.70
Landfill 7 cubic yard container 1 $1,015.44
2 $1,924.27
3 $2,833.07
4 $4,061.68
5 $4,650.87
6 $5,559.61
Landfill 8 cubic yard container 1 $1,175.55
2 $2,214.22
3 $3,252.88
4 $4,413.43
5 $5,330.35
6 $6,369.05
City of Union City
Commercial Rates
(Includes Multi-Family Dwellings Receiving Bin Service) Service Provided by Republic Services
Commercial Rates 23-24 3 of 10 July 1, 2023
City Council/RSA Agenda 634 Tuesday, April 25, 2023
Schedule A
City of Union City
Commercial Rates
(Includes Multi-Family Dwellings Receiving Bin Service) Service Provided by Republic Services
Regularly Scheduled Recycle Materials Bin Services (Monthly Rate) 2023 Rates
(July 1, 2023 -
June 30, 2024)
Recycle Materials 1 cubic yard container 1 $104.68
2 $209.39
3 $289.14
4 $368.91
5 $513.79
6 $529.89
Recycle Materials 2 cubic yard container 1 $196.23
2 $355.94
3 $515.74
4 $675.48
5 $835.21
6 $996.45
Recycle Materials 3 cubic yard container 1 $274.32
2 $511.00
3 $747.65
4 $984.26
5 $1,220.81
6 $1,457.55
Recycle Materials 4 cubic yard container 1 $355.58
2 $667.21
3 $978.81
4 $1,290.48
5 $1,602.08
6 $1,913.69
Recycle Materials 6 cubic yard container 1 $531.36
2 $998.78
3 $1,466.16
4 $1,933.58
5 $2,400.99
6 $2,868.42
Recycle Materials 7 cubic yard container 1 $609.28
2 $1,154.57
3 $1,699.85
4 $2,437.02
5 $2,790.51
6 $3,335.76
Recycle Materials 8 cubic yard container 1 $705.34
2 $1,328.53
3 $1,951.71
4 $2,648.04
5 $3,198.16
6 $3,821.38
Commercial Rates 23-24 4 of 10 July 1, 2023
City Council/RSA Agenda 635 Tuesday, April 25, 2023
Schedule A
City of Union City
Commercial Rates
(Includes Multi-Family Dwellings Receiving Bin Service) Service Provided by Republic Services
2023 Rates
(July 1, 2023 -
June 30, 2024)
Recycle Materials Various Bin Sizes Per Dwelling Unit $7.95 Regularly Scheduled Compost (Organic Materials) Services (Monthly Rate) Compost 64-gallon cart 1 $50.67
2 $101.32
3 $151.99
4 $202.66
5 $253.31
6 $303.99
Compost 1 cubic yard container 1 $104.68
2 $209.39
3 $289.14
4 $368.91
5 $513.79
6 $529.89
Compost 2 cubic yard container 1 $196.23
2 $355.94
3 $515.74
4 $675.48
5 $835.21
6 $996.45
Compost 3 cubic yard container 1 $274.32
2 $511.00
3 $747.65
4 $984.26
5 $1,220.81
6 $1,457.55
Compost 4 cubic yard container 1 $355.58
2 $667.21
3 $978.81
4 $1,290.48
5 $1,602.08
6 $1,913.69
Regularly Scheduled Green Waste Materials Services (Monthly Rate) Green Waste 64-gallon cart 1 $63.34
2 $126.68
3 $174.93
4 $223.18
5 $310.83
Green Waste 96-galllon cart 1 $94.97
2 $189.97
3 $262.33
4 $334.70
5 $466.14
Non-Parcelized Multi-Family Dwelling:

Regularly Scheduled Recycle Materials Services (Monthly Rate) Commercial Rates 23-24 5 of 10 July 1, 2023
City Council/RSA Agenda 636 Tuesday, April 25, 2023
Schedule A
City of Union City
Commercial Rates
(Includes Multi-Family Dwellings Receiving Bin Service) Service Provided by Republic Services
Regularly Scheduled Landfill (Solid Waste) Front Load Compactor Services 2023 Rates
(July 1, 2023 -
June 30, 2024)
Compacted rate per yard Per-Occurrence,
Per-Cubic-Yard Rate* $60.44
* For example,
If a customer has 2 cubic yard compactor bin service, 2 times per week, then monthly rate = 2 x 2 x $60.44 x 4.33 = $1046.82 If a customer has 3 cubic yard compactor bin service, 1 time per week, then monthly rate = 3 x 1 x $60.44 x 4.33 = $785.12 Regularly Scheduled Recycle Materials Front Load Compactor Services Compacted rate per yard Per-Occurrence,
Per-Cubic-Yard Rate* $15.11
* For example,
If a customer has 2 cubic yard compactor bin service, 2 times per week, then monthly rate = 2 x 2 x $15.11 x 4.33 = $261.71 If a customer has 3 cubic yard compactor bin service, 1 time per week, then monthly rate = 3 x 1 x $15.11 x 4.33 = $196.28 Regularly Scheduled Compost (Organic Materials) Front Load Compactor Services Compacted rate per yard Per-Occurrence,
Per-Cubic-Yard Rate* $51.38
* For example,
If a customer has 2 cubic yard compactor bin service, 2 times per week, then monthly rate = 2 x 2 x $51.38 x 4.33 = $889.90 If a customer has 3 cubic yard compactor bin service, 1 time per week, then monthly rate = 3 x 1 x $51.38 x 4.33 = $667.43 Additional Landfill (Solid Waste) Pick-Ups/On-Call Collection (Per Occurrence) 1 cubic yard container Per- Occurrence
Rate $30.14
2 cubic yard container Per- Occurrence
Rate $60.22
3 cubic yard container Per- Occurrence
Rate $89.34
4 cubic yard container Per- Occurrence
Rate $117.71
6 cubic yard container Per- Occurrence
Rate $176.46
7 cubic yard container Per- Occurrence
Rate $205.95
8 cubic yard container Per- Occurrence
Rate $235.35
1 cubic yard container Per- Occurrence
Rate $70.83
2 cubic yard container Per- Occurrence
Rate $101.02
3 cubic yard container Per- Occurrence
Rate $130.38
4 cubic yard container Per- Occurrence
Rate $158.82
6 cubic yard container Per- Occurrence
Rate $217.88
7 cubic yard container Per- Occurrence
Rate $247.09
8 cubic yard container Per- Occurrence
Rate $282.39
35-gal can or bag Per- Occurrence
Rate $35.86
64-gal can or bag Per- Occurrence
Rate $56.41
96-gal can or bag Per- Occurrence
Rate $71.17
35-gal can or bag Per- Occurrence
Rate $62.88
64-gal can or bag Per- Occurrence
Rate $83.45
96-gal can or bag Per- Occurrence
Rate $98.13
Additional Landfill bin collected on
customer's regularly scheduled
collection day
Additional Landfill bin collected on a
day other than the customer's
regularly scheduled collection day
Extra can or bag of Landfill collected
on customer's regularly scheduled
collection day
Extra can or bag of Landfill collected
on a day other than the customer's
regularly scheduled collection day
Commercial Rates 23-24 6 of 10 July 1, 2023
City Council/RSA Agenda 637 Tuesday, April 25, 2023
Schedule A
City of Union City
Commercial Rates
(Includes Multi-Family Dwellings Receiving Bin Service) Service Provided by Republic Services
Additional Recycle Materials Pick-Ups/On-Call Collection (Per Occurrence) 2023 Rates
(July 1, 2023 -
June 30, 2024)
1 cubic yard container Per- Occurrence
Rate $18.08
2 cubic yard container Per- Occurrence
Rate $36.13
3 cubic yard container Per- Occurrence
Rate $53.60
4 cubic yard container Per- Occurrence
Rate $70.64
6 cubic yard container Per- Occurrence
Rate $105.88
7 cubic yard container Per- Occurrence
Rate $123.57
1 cubic yard container Per- Occurrence
Rate $42.49
2 cubic yard container Per- Occurrence
Rate $60.63
3 cubic yard container Per- Occurrence
Rate $78.23
4 cubic yard container Per- Occurrence
Rate $95.28
6 cubic yard container Per- Occurrence
Rate $130.74
7 cubic yard container Per- Occurrence
Rate $148.25
35-gal can or bag Per- Occurrence
Rate $21.52
64-gal can or bag Per- Occurrence
Rate $33.85
96-gal can or bag Per- Occurrence
Rate $42.71
35-gal can or bag Per- Occurrence
Rate $37.72
64-gal can or bag Per- Occurrence
Rate $50.08
96-gal can or bag Per- Occurrence
Rate $58.90
Extra can or bag of Recycle
Materials collected on customer's
regularly scheduled collection day
Additional Recycle Materials bin
collected on a day other than the
customer's regularly scheduled
collection day
Additional Recycle Materials bin
collected on customer's regularly
scheduled collection day
Extra can or bag of Recycle
Materials collected on a day other
than the customer's regularly
scheduled collection day
Commercial Rates 23-24 7 of 10 July 1, 2023
City Council/RSA Agenda 638 Tuesday, April 25, 2023
Schedule A
City of Union City
Commercial Rates
(Includes Multi-Family Dwellings Receiving Bin Service) Service Provided by Republic Services
Additional Compost (Organic Materials) Pick-Ups/On-Call Collection (Per Occurrence) 2022 Rates
(July 1, 2022 -
June 30, 2023)
64-gal cart Per- Occurrence
Rate $18.08
1 cubic yard container Per- Occurrence
Rate $36.13
2 cubic yard container Per- Occurrence
Rate $53.60
3 cubic yard container Per- Occurrence
Rate $70.64
4 cubic yard container Per- Occurrence
Rate $105.88
64-gal cart Per- Occurrence
Rate $42.49
1 cubic yard container Per- Occurrence
Rate $60.63
2 cubic yard container Per- Occurrence
Rate $78.23
3 cubic yard container Per- Occurrence
Rate $95.28
4 cubic yard container Per- Occurrence
Rate $130.74
Miscellaneous Charges
Hasp & lock for bin, one time charge Not Applicable Per- Occurrence Rate $277.39
Replace lock Not Applicable Per- Occurrence
Rate $53.16
Steam cleaning Not Applicable Per- Occurrence
Rate $148.85
Bin delivery/pick-up Not Applicable Extra fee paid if
customer requests a
change in Bin size more
than once per year
$185.59
Non-Parcelized Multi-Family
Dwellings - Additional Bulky Item
Pickup fee for each major appliance
Not Applicable Per- Occurrence
Rate $71.82
Bin push/pull charge 10- feet increments from
permanent placement of
container to service area
Based on Weekly
Service Frequency Per
10 Feet (e.g. 2yd 2 x
/wk = 2 x Rate; 3 yd
1x/wk = 1 x Rate)
$20.65
Lock/unlock charge Not Applicable Per- Occurrence
Rate $20.65
Lock/unlock charge with push/pull
charge
Not Applicable Per Weekly Service
Frequency $5.16
Overage charge (after issuance of
warning notice)
Various Bin Sizes; All
Material Types
Per- Occurrence
Rate $47.15
1 cubic yard container Per- Occurrence
Rate $29.68
2 cubic yard container Per- Occurrence
Rate $59.29
3 cubic yard container Per- Occurrence
Rate $87.97
4 cubic yard container Per- Occurrence
Rate $115.90
6 cubic yard container Per- Occurrence
Rate $173.75
7 cubic yard container Per- Occurrence
Rate $202.78
8 cubic yard container Per- Occurrence
Rate $231.74
Contamination charge (after
issuance of warning notices) for
regular bin service of Recycle or
Compost (Organics) collected as
Landfill 1
Note: Miscellaneous charges listed on the residential rate sheet apply to commercial customers as appropriate
1 Rate charged is the same as: Additional Landfill bin collected on customer's regularly scheduled collection day
Additional Compost collected on
customer's regularly scheduled
collection day
Additional Compost collected on a
day other than the customer's
regularly scheduled collection day
Commercial Rates 23-24 8 of 10 July 1, 2023
City Council/RSA Agenda 639 Tuesday, April 25, 2023
Schedule A
Type of Service Receptacle Rate Information
2023 Rates
(July 1, 2023 -
June 30, 2024)
Regularly Scheduled Collection Service
(Per Pull/Return Rate not including initial delivery fee which is charged separately) Landfill 6 cubic yard drop box Per Pull/Return Rate $497.43 Landfill 14 cubic yard drop box Per Pull/Return Rate $497.43 Landfill 20 cubic yard drop box Per Pull/Return Rate $710.67 Landfill 30 cubic yard drop box Per Pull/Return Rate $1,052.60 Landfill 40 cubic yard drop box Per Pull/Return Rate $1,403.44 Recycle materials 6 cubic yard drop box Per Pull/Return Rate $298.45 Recycle materials 14 cubic yard drop box Per Pull/Return Rate $298.45 Recycle materials 20 cubic yard drop box Per Pull/Return Rate $426.41 Recycle materials 30 cubic yard drop box Per Pull/Return Rate $631.56 Recycle materials 40 cubic yard drop box Per Pull/Return Rate $842.05 Green waste materials 6 cubic yard drop box Per Pull/Return Rate $422.81 Green waste materials 14 cubic yard drop box Per Pull/Return Rate $422.81 Green waste materials 20 cubic yard drop box Per Pull/Return Rate $604.08 Green waste materials 30 cubic yard drop box Per Pull/Return Rate $894.72 Green waste materials 40 cubic yard drop box Per Pull/Return Rate $1,192.91 Compost (Organic materials) 6 cubic yard drop box Per Pull/Return Rate $422.81 On-Call Collection Service
(Per Pull Rate includes delivery fee; does not including demurrage fee which is charged separately) Landfill 6 cubic yard drop box Per Pull Rate $614.49
Landfill 14 cubic yard drop box Per Pull Rate $614.49
Landfill 20 cubic yard drop box Per Pull Rate $827.66
Landfill 30 cubic yard drop box Per Pull Rate $1,169.61 Landfill 40 cubic yard drop box Per Pull Rate $1,520.43 Recycle materials 6 cubic yard drop box Per Pull Rate $368.68 Recycle materials 14 cubic yard drop box Per Pull Rate $368.68 Recycle materials 20 cubic yard drop box Per Pull Rate $496.60 Recycle materials 30 cubic yard drop box Per Pull Rate $701.77 Recycle materials 40 cubic yard drop box Per Pull Rate $912.26 Green waste materials 6 cubic yard drop box Per Pull Rate $522.31 Green waste materials 14 cubic yard drop box Per Pull Rate $522.31 Green waste materials 20 cubic yard drop box Per Pull Rate $703.52 Green waste materials 30 cubic yard drop box Per Pull Rate $994.18 Green waste materials 40 cubic yard drop box Per Pull Rate $1,292.36 Regularly Scheduled Compactor Service - Customer Owned Compactors (Per Pull/Return Rate not including initial delivery fee which is charged separately) Landfill and Compost 14 cubic yard drop box Per Pull/Return Rate $995.29 Landfill and Compost 15 cubic yard drop box Per Pull/Return Rate $1,066.35 Landfill and Compost 16 cubic yard drop box Per Pull/Return Rate $1,137.47 Landfill and Compost 20 cubic yard drop box Per Pull/Return Rate $1,421.82 Landfill and Compost 24 cubic yard drop box Per Pull/Return Rate $1,706.19 Landfill and Compost 25 cubic yard drop box Per Pull/Return Rate $1,777.30 Landfill and Compost 30 cubic yard drop box Per Pull/Return Rate $2,132.76 Landfill and Compost 38 cubic yard drop box Per Pull/Return Rate $2,701.50 Landfill and Compost 40 cubic yard drop box Per Pull/Return Rate $2,843.67 Recycle materials 14 cubic yard drop box Per Pull/Return Rate $597.16 Recycle materials 15 cubic yard drop box Per Pull/Return Rate $639.82 Recycle materials 16 cubic yard drop box Per Pull/Return Rate $682.47 Recycle materials 20 cubic yard drop box Per Pull/Return Rate $853.11 Recycle materials 24 cubic yard drop box Per Pull/Return Rate $1,023.72 Recycle materials 25 cubic yard drop box Per Pull/Return Rate $1,066.36 Recycle materials 30 cubic yard drop box Per Pull/Return Rate $1,279.65 Recycle materials 38 cubic yard drop box Per Pull/Return Rate $1,620.90 Recycle materials 40 cubic yard drop box Per Pull/Return Rate $1,706.20 Recycle materials 42 cubic yard drop box Per Pull/Return Rate $1,791.52 City of Union City
Drop-Box Rates
Service Provided by Republic Services
Drop-Box Rates 23-24 9 of 10 July 1, 2023
City Council/RSA Agenda 640 Tuesday, April 25, 2023
Schedule A
Type of Service Receptacle Rate Information
2023 Rates
(July 1, 2023 -
June 30, 2024)
City of Union City
Drop-Box Rates
Service Provided by Republic Services
Regularly Scheduled Compactor Service - Contractor-Owned Compactors Landfill and Compost 14 cubic yard drop box Per Pull/Return Rate $995.29 Landfill and Compost 15 cubic yard drop box Per Pull/Return Rate $1,066.35 Landfill and Compost 16 cubic yard drop box Per Pull/Return Rate $1,137.47 Landfill and Compost 20 cubic yard drop box Per Pull/Return Rate $1,421.82 Landfill and Compost 24 cubic yard drop box Per Pull/Return Rate $1,706.19 Landfill and Compost 25 cubic yard drop box Per Pull/Return Rate $1,777.30 Landfill and Compost 30 cubic yard drop box Per Pull/Return Rate $2,132.76 Landfill and Compost 38 cubic yard drop box Per Pull/Return Rate $2,701.50 Landfill and Compost 40 cubic yard drop box Per Pull/Return Rate $2,843.67 Recycle materials 14 cubic yard drop box Per Pull/Return Rate $597.16 Recycle materials 15 cubic yard drop box Per Pull/Return Rate $639.82 Recycle materials 16 cubic yard drop box Per Pull/Return Rate $682.47 Recycle materials 20 cubic yard drop box Per Pull/Return Rate $853.11 Recycle materials 24 cubic yard drop box Per Pull/Return Rate $1,023.72 Recycle materials 25 cubic yard drop box Per Pull/Return Rate $1,066.36 Recycle materials 30 cubic yard drop box Per Pull/Return Rate $1,279.65 Recycle materials 38 cubic yard drop box Per Pull/Return Rate $1,620.90 Recycle materials 40 cubic yard drop box Per Pull/Return Rate $1,706.20 Recycle materials 42 cubic yard drop box Per Pull/Return Rate $1,791.52 Demurrage Charge
All Material Types All drop box sizes Weekly Rate* $76.49 Delivery Service
All Material Types All drop box sizes Per-Occurrence Rate for delivery to collection site $113.30
Overage Charge
All Material Types 6 cubic yard drop box Per Occurrence Rate for Material Placed in Box In
Excess of Drop Box
Capacity
$76.32
All Material Types 14, 30, 20, 30, 40 cubic
yard drop box
Per-Cubic-Yard Rate
For Each Yard
in Excess of
Drop Box Capacity
$32.71
Relocation or Cancellation Charge
All Material Types All drop box sizes Per-Relocation or Cancellation Rate $160.75
Contamination Charge
All Material Types
6 cubic yard drop box
Per Pull/Return Rate $497.43
14 cubic yard drop box Per Pull/Return Rate $497.43
20 cubic yard drop box Per Pull/Return Rate $710.67
30 cubic yard drop box Per Pull/Return Rate $1,052.60
40 cubic yard drop box Per Pull/Return Rate $1,403.44
Contamination charge (after
issuance of warning notices)
for regular bin service of
Recycle or Compost collected
as Landfill 1
1 Rate charged is the same as: Regularly Scheduled Collection Service (Per Pull/Return Rate not including initial delivery fee which is charged separately.

Rate does not include compactor lease and/or maintenance fees.) Drop-Box Rates 23-24 10 of 10 July 1, 2023
City Council/RSA Agenda 641 Tuesday, April 25, 2023
Schedule B
Parcelized Single-Family Dwelling: Regularly Scheduled Curbside Collection Services Basic Service (Monthly Rate for Recycle Collection Services) Type of Service Level of Service
Rate Year 19
(July 1, 2023 -
June 30, 2024)
Per Dwelling Unit Each unit receives a cart $16.68
Multi-Family Dwelling: Regularly Scheduled Collection Services Basic Service (Monthly Rate for Recycle Collection Services) Type of Service Level of Service
Rate Year 19
(July 1, 2023 -
June 30, 2024)
Parcelized Per Unit Each unit receives a cart $16.68
Non-Parcelized Per Unit Each unit receives a cart $15.91 Non-Parcelized Per Unit Shared services $9.94
Basic Service (Monthly Rate for Recycle Collection Services) Type of Service Receptacle
Rate Year 19
(July 1, 2023 -
June 30, 2024)
Recycling 1 x per week 64 or 96 Gallon Cart $23.28
Recycling 2 x per week 64 or 96 Gallon Cart $47.00
Recycling 3 x per week 64 or 96 Gallon Cart $64.33
Recycling 4 x per week 64 or 96 Gallon Cart $81.66
Recycling 5 x per week 64 or 96 Gallon Cart $113.15
Service Provided by Tri-CED
City of Union City
Recycle Rates
(Includes Multi-Family Dwellings )
Commercial: Regularly Scheduled Recycle Cart Services (Monthly Rate) Tri-CED Recycling Rates 22-23 1 of 1 July 1, 2022
City Council/RSA Agenda 642 Tuesday, April 25, 2023
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING THE ISSUANCE OF A PROPOSITION 218 NOTICE AND

SCHEDULING A PUBLIC HEARING ON THE PROPOSED INCREASE TO

LANDFILL, COMPOST, AND RECYCLE COLLECTION SERVICE RATES FOR FISCAL YEAR 2023-2024
WHEREAS, the City entered into separate Franchise Agreements (Agreements) with Republic Services (formerly Allied Waste Services) and Tri-City Economic Development Corporation (Tri-CED) to provide landfill (solid waste), compost (organic waste), and recycle collection and processing service; and
WHEREAS, under the terms of the Agreements, Republic Services and Tri-CED may submit an application to adjust the compensation they receive, and rates charged for providing services; and
WHEREAS, Republic Services and Tri-CED submitted rate adjustment applications for Fiscal Year 2023-2024; and
WHEREAS, the City Council reviewed the proposed rates for landfill, compost, and recycle collection and processing services and found them to be complete; and WHEREAS, the Tri-CED request for the Recycling Processing Surcharge additional compensation for FY 2023-2024 will be reduced from $437,035 to $324,021 to reconcile a household count and billing issue resulting in a revenue accrual deficit; and WHEREAS, landfill, compost, and recycle rate adjustments must go through the proper Proposition 218 noticing requirements and majority protest proceedings; and WHEREAS, the protest hearing be conducted during a Public Hearing at a duly noticed City Council meeting.

NOW, THEREFORE, BEIT RESOLVED that the City Council of the City of Union City does hereby resolve as follows:

1. That the above recitals are all true and correct.

2. That a Proposition 218 Notice of Public Hearing be issued to all property owners in Union City regarding a proposed increase in landfill, compost, and recycle collection services for Fiscal Year 2023-2024.

3. That a Public Hearing be conducted to count any protest votes at the June 13, 2023 regularly scheduled City Council meeting.

City Council/RSA Agenda 643 Tuesday, April 25, 2023
Resolution No. XXXX-23

Page 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 25
th day of April 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_________________________

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ _________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 644 Tuesday, April 25, 2023
Agenda Item 7.a.

Proposed Landfill, Compost,
and Recycle Collection Service Rates for
FY 2023-2024 and Issuance of Proposition
218 Notice
City Council/RSA Agenda 645 Tuesday, April 25, 2023
2 Landfill, Compost, and Recycle Collection Rates FY 2023-2024 Collection Services Franchise Agreements with Republic Services and Tri-CED Tri-CED Recycling Republic Services
• Compensation paid to contractor’s and rates charged to customers are adjusted annually and approved by the City Council.

City Council/RSA Agenda 646 Tuesday, April 25, 2023
3 Rate Setting Schedule
Rate Setting Schedule for FY 23-24• April 3, 2023 – Republic Services & Tri-CED compensation increase/rate applications submitted to City
• April 25, 2023 – City Council considers issuance of Prop 218 Notice informing all ratepayers of maximum rates for FY 23-24
• June 13, 2023 – City Council convenes Public Hearing to tally protest votes and consider adopting or rejecting the new rates
• July 1, 2023 – If adopted, new rates commence
Landfill, Compost, and Recycle Collection Rates FY 2023-2024 City Council/RSA Agenda 647 Tuesday, April 25, 2023
4 Landfill, Compost, and Recycle Collection Rates FY 2023-2024 Republic Services Compensation Adjustment Review
FY 23-24
Proposed Contractor Compensation
$21,124,358
City Fees: $6,828,126
Proposed Rate Increase

3.51%
City Council/RSA Agenda 648 Tuesday, April 25, 2023
5 Landfill, Compost, and Recycle Collection Rates FY 2023-2024 Tri-CED Compensation Adjustment Review
FY 23-24
Proposed Contractor Compensation
$3,826,176*
City Fees: $763,291
Proposed Rate Increase

5.60%
* Includes Recycling Processing Surcharge Compensation
City Council/RSA Agenda 649 Tuesday, April 25, 2023
6 Landfill, Compost, and Recycle Collection Rates FY 2023-2024 Monthly Rate Single-Family Households
Current
(22/23)
Proposed
(23/24)
Landfill (Garbage) &Compost $40.57 $42.00Recycling* $15.80 $16.68 Total proposed maximum monthly rate $58.68
Proposed Annual Property Tax Assessments
Landfill/Compost $504.00 Recycling $200.16
* Includes Recycling Processing Surcharge
Combined Increase:
$2.31/month or 4.01%
City Council/RSA Agenda 650 Tuesday, April 25, 2023
7 Landfill, Compost, and Recycle Collection Rates FY 2023-2024 Monthly Rate Parcelized Multi-Family Households
Current
(2022/23)
Proposed
(2023/24)
Landfill (Garbage) $27.20 $28.15Recycling* $15.80 $16.68 Total proposed maximum monthly rate $44.83
Proposed Annual Property Tax Assessments
Landfill $326.40 Recycle $200.16
* Includes Recycling Processing Surcharge
Combined Increase:
$1.83/month or 4.26%
City Council/RSA Agenda 651 Tuesday, April 25, 2023
8 Landfill, Compost, and Recycle Collection Rates FY 2023-2024 Commercial Collection Rates
Rate Increase: 3.51%
Landfill (Garbage) Recycling Compost
$457.23 /mo. $274.32 /mo. $274.32 /mo.

Rates for 3 cubic yard bins serviced one time a week.
(Recycling and Compost offered at 40% discount to encourage diversion from landfill.) City Council/RSA Agenda 652 Tuesday, April 25, 2023
9 Landfill, Compost, and Recycle Collection Rates FY 2023-2024 Prop 218 Noticing
• Notice mailed to each property owner
and includes: date, time and location of Public Hearing; amount of the proposed maximum rates; reasons for the rate increase. • Public Hearing scheduled for June 13,
2023 (at least 45 days after mailing Prop 218 Notice).
• A property-related fee or charge may
not be imposed or increased if a majority submit written protests.

City Council/RSA Agenda 653 Tuesday, April 25, 2023
10 Landfill, Compost, and Recycle Collection Rates FY 2023-2024 Prop 218 Majority Protest Vote• One valid written protest allowed per parcel and requires: name, property address or APN, signature and protest statement
• Written protests must be submitted before close of the Public Hearing on June 13, 2023 • Oral testimony will be accepted at the Public Hearing, but only written protests count towards the majority vote
City Council/RSA Agenda 654 Tuesday, April 25, 2023
11 Landfill, Compost, and Recycle Collection Rates FY 2023-2024 Prop 218 Majority Protest Vote
• A “majority protest” exists if written protests against the proposed rates are presented by a majority of property owners of the estimated 17,000 identified parcels • City Clerk tabulates and announces the final number of protests and whether a majority protest exists at the close of the Public Hearing on June 13, 2023 • If there is no majority protest, then City Council may proceed with its consideration to adopt the proposed maximum rates
• Approving the issuance of a Prop 218 Notice and scheduling the Public Hearing allows for the rate adjustment process to proceed; it does not result in City Council’s approval of the proposed maximum rates City Council/RSA Agenda 655 Tuesday, April 25, 2023
12 Landfill, Compost, and Recycle Collection Rates FY 2023-2024 Recommendation
Adopt a Resolution Approving the Issuance of a Proposition 218 Notice and Scheduling a Public Hearing on the Proposed Increase to Landfill, Compost, and Recycle Collection Service Rates for Fiscal Year 2023-2024 City Council/RSA Agenda 656 Tuesday, April 25, 2023
Agenda Item
DATE: 4/25/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CHIEF JARED RINETTI
SUBJECT: RECEIVE THE 2022 UNION CITY POLICE DEPARTMENT ANNUAL REPORT The Union City Police Department (UCPD) recognizes the value of sharing important information with the Mayor, City Council, and community. The purpose of this report is to provide an annual report on department operations, crime trends, community engagement, and upcoming programs, plans, and progress reports regarding public safety in Union City.

STRATEGIC PLAN ALIGNMENT
Union City Strategic Plan
Goal C. Economic, Community Development, and Public Safety Institute forward thinking business, land use development, housing, social services, and public safety strategies that promote community growth and innovation.

BACKGROUND
In January 2022, the UCPD began a new five-year Strategic Plan that involved extensive stakeholder input and was approved by the City Council. The plan emphasizes transparency, accountability, and building relationships with our community. To accomplish these goals, communication is paramount to keep those we serve abreast with changing times in public safety throughout Union City. The Strategic Plan is posted online and can be found here: Union City Police Department 2022 - 2026 Strategic Plan (clearpointstrategy.com)
As part of this commitment, the Police Department has published the 2022 Annual Report. This allows the Department the opportunity to share notable events, data, and trends related to UCPD and the entire community.

DISCUSSION
The 2022 Union City Police Department Annual Report provides information on the following topics (PowerPoint presentation provides data and specifics):

1. Crime Statistics

2. Patrol Service Contacts

3. Mental Health Calls for Service

4. Traffic Collision Data/ Enforcement Initiatives

5. Investigations Update

6. Department Demographics

7. Complaints/ Findings

8. Use of Force Data

7. Community Engagement Activities

8. Staffing and Budget

8. Upcoming Programs and Plans
A complete copy of the Annual Report can be found here:
https://www.unioncity.org/DocumentCenter/View/10039/2022-Annual-Report The Annual Report will be posted to the Police Transparency Portal once reviewed by the City Council.

FISCAL IMPACT
City Council/RSA Agenda 657 Tuesday, April 25, 2023
There is no impact to the General Fund in receiving this report.

RECOMMENDATION
There is no formal action required. This is an informational report for the Council's to receive. Staff is available to respond to questions and comments about the 2022 Annual Report.

Prepared by:

Chief Jared Rinetti
Submitted by:

Chief Jared Rinetti
ATTACHMENTS:

Description Type
Annual Report Attachment
Power Point Attachment
City Council/RSA Agenda 658 Tuesday, April 25, 2023
ANNUAL
REPORT
2022

POLICE DEPARTMENT

UNION CITY
34009 Alvarado-Niles Road
Union City, CA 94587
510.471.1365
unioncity.org
City Council/RSA Agenda 659 Tuesday, April 25, 2023
To work in partnership to
improve our community while
recognizing the dedication and
service of our employees
Our Vision
To work with the community
to provide public safety with
integrity, honor, and
professionalism
Our Mission
Our Values
Ethics Honesty
Dedication Teamwork
Commitment
Accountability
City Council/RSA Agenda 660 Tuesday, April 25, 2023

CHIEF OF POLICE

JARED RINETTI
Dear Union City Community,
Thank you for entrusting me and the Union City Police
Department to provide you public safety services. We
take pride in serving you with a “Service from the
Heart” philosophy that emphasizes care, compassion,
and empathy to all in our community.

In January 2022, we began a new 5-Year Strategic Plan
that involved extensive stakeholder input and was
approved by the City Council. The plan emphasizes
transparency, accountability, and building relationships with our community. To accomplish these goals
communication is paramount to keep our community
abreast to changing times, upcoming programs, plans,
and progress reports on public safety in Union City.

As part of our commitment, we have published this
annual report as a way of sharing notable events, data
and trends related to UCPD and our entire community.

I would like to finish by recognizing and thanking all the men and women of UCPD. We have some of the most
talented, dedicated, and caring employees in the
profession. Our employees go above and beyond during
some challenging work conditions. I appreciate, value,
and take great pride in leading an organization of such incredible men and women.

Thank you for your on-going support of the Union City
Police Department!
Your Chief,
510-675-5278
[email protected]
34009 Alvarado-Niles Road,
Union City, CA 94587

CONTACT
City Council/RSA Agenda 661 Tuesday, April 25, 2023

CONTENTS
Structure
Executive team, William Cann Civic Center,
organizational chart, budget and leadership
structure
Support Services
Investigations, SSU, Property & Evidence,
Professional Standards, Use of Force,
Personnel & Training and our UCPD Family.
9 Field Operations
Patrol, Traffic, Field Training, Canine and
Community Engagement
23 Crime Statistics 33 Overview and five year comparison. 37 On the Horizon
COPPS Unit & District Policing
5 City Council/RSA Agenda 662 Tuesday, April 25, 2023
Our Civic Center is named in honor of former UCPD Police Chief William Michael Cann. Chief Cann honorably served our community before making the ultimate sacrifice on August 29th, 1974. 2022 marked the 48th anniversary of Chief Cann’s line of duty death. William Cann Park was also named in honor of Chief Cann and is where we pay our respect every year on the anniversary of his death.

City Council/RSA Agenda 663 Tuesday, April 25, 2023
Organizational Chart
5 City Council/RSA Agenda 664 Tuesday, April 25, 2023 2022 ANNUAL REPORT YEAR-END REVIEW Police Department Operating Budget
Operating Expenses Adopted (FY 21/22)
Salaries $14,112,457
Benefits $10,943,631
Supplies $354,329
Services $4,604,047
Sub-Total Operating - Police $30,014,464
Capital Outlay $9,531
Total Expenditures - Police $30,023,995
Budget (FY 2021/2022 Adopted)
Salary & Benefits
$25,056,088
Operating
Expenditures
$4,958,376 $9,531
Capital Outlay
$30,023,995
Total Operating
Funds
2022 ANNUAL REPORT YEAR-END REVIEW 6
City Council/RSA Agenda 665 Tuesday, April 25, 2023
CHIEF OF POLICE 1
POLICE CAPTAIN 2
POLICE LIEUTENANT 6
POLICE SERGEANT 13
POLICE OFFICER 59
CONFIDENTIAL OPERATIONS ASSISTANT 3
PERSONNEL AND TRAINING SUPERVISOR 1
PROPERTY AND EVIDENCE SUPERVISOR 1
POLICE RECORDS SUPERVISOR 1
CRIME ANALYST 1
POLICE DEPARTMENT OFFICE COORDINATOR 1
COMMUNITY RESOURCES COORDINATOR 1
COMMUNITY SERVICE AIDE 4
POLICE OFFICE ASSISTANT 6
POLICE CADET 9

POSITION AUTHORIZED
PUBLIC SERVICES OFFICER II 1
PROPERTY & EVIDENCE SPECIALIST 2

DEPARTMENT
Civic Leadership Structure
7 City Council/RSA Agenda 666 Tuesday, April 25, 2023 2022 ANNUAL REPORT YEAR-END REVIEW Investigations
Through use of innovative investigative strategies, coordination with other agencies, and analysis of criminal intelligence, our Investigation unit strives to solve cases efficiently and develop intelligence to prevent or disrupt ongoing crime trends.

In 2022, the Investigations Unit and SSU demonstrated a high level of professionalism, dedication, and skill. They were challenged with various high profile and dynamic cases during the year. The unit made arrests in all 2022 homicides and successfully made arrests in multiple robberies.

Investigators were able to solve a cold case homicide from 1980.

The cold case dated back to July of 1980 where officers were dispatched to a residence in Union City for a woman found deceased in her bed. The deceased was identified as a 46-year-old Union City resident and her cause of death was determined to be asphyxia due to strangulation and blunt force trauma. In addition, she had been the victim of sexual assault. At the time, there were not any suspects identified. UCPD kept this case open and intermittently revisited evidence in the hopes of identifying new clues or embracing technological advancements. During this investigation, DNA analysis did not yield a suspect but linked the crime to two additional Solano County crimes including a murder in 1996 and sexual assault in 2021. In 2022, UCPD and the Solano County Sheriff’s Office worked collaboratively, using advancements in DNA technology to identify and arrest a now, 76-year-old suspect. This case was a perfect example of UCPD’s dedication and tireless efforts in keeping our community safe and continuously pursuing justice.

Cold Case Homicide Solved
City Council/RSA Agenda 667 Tuesday, April 25, 2023
City Council/RSA Agenda 668 Tuesday, April 25, 2023
Captain Travis Souza oversees the Support Services
Division, which includes Investigations, Special Services Unit, Crime Analysis, Records, recruiting, hiring, and
training programs. The Support Services Division will
include the addition of our COPPS unit which is projected to commence as soon as personnel levels increase and
staffing the unit can be supported.

Support Services
City Council/RSA Agenda 669 Tuesday, April 25, 2023
400+
Hours of surveillance
logged on cases
involving robbery,
carjacking, homicide,
narcotic grows and sales
100% clearance
rate on 2022
homicides
Authorized for
11 Investigators
& 3 Supervisors
Over 3,572
Cases assigned
in 2022
Our Special Services Unit (SSU) is under our investigations umbrella and focuses on street enforcement and comprehensive criminal investigations related to violent crimes, gangs, and drugs. The unit works collectively with other specialized units and outside agencies to combat violent crime and share relevant information related to crime trends. SSU participates in other specialized assignments, especially when surveillance, undercover operations, or their expertise are necessary.

Special Services Unit
11 City Council/RSA Agenda 670 Tuesday, April 25, 2023 2022 ANNUAL REPORT YEAR-END REVIEW Increase in the number of
firearms-related arrests
92%
Guns Seized in 2022
88 2022 brought a citywide increase in homicides
and assaults with a firearm. These increases were
not specific to Union City, as similar trends were
reported all over the Bay Area and nationwide.

These violent crimes stemmed from a wide range
of circumstances including gangs, drugs, and
domestic violence. Approximately 70% of the
firearms seized in these violent crimes were
“ghost guns,” un-serialized and untraceable
firearms that can be bought online and assembled
at home. This violence was unacceptable and as a
result, Chief Rinetti created a gun-violence
initiative. This was a targeted operations plan
involving the deployment of additional resources
based on crime data and analytics. Our goal was
to facilitate a collaborative effort with SSU and
our Patrol Division, involving both high visibility
crime prevention and covert strategies. Our
objective was to prioritize illegal firearms
investigations and seizures and arrest offenders
who were illegally manufacturing, selling,
distributing, and possessing firearms in Union
City. In addition, we worked with our District
Attorney’s Office, Juvenile Probation Department,
California Superior Court, and other criminal
justice partners to address rising violent crime in
Union City to ensure repeat violent offenders were
rehabilitated in secure facilities. As a result, UCPD
recovered multiple firearms which included 21
seizures in one month of the Chief’s gun violence
initiative
Gun Violence Initiative
12 City Council/RSA Agenda 671 Tuesday, April 25, 2023 2022 ANNUAL REPORT YEAR-END REVIEW 81 Firearms Destroyed
3,613
Items of property processed
300 pounds of illegal substances and
paraphernalia destroyed.

The Property & Evidence Technician handles
the cataloging, sorting, and returning of
recovered stolen property and/ or lost and
found property. Property is also responsible
for the destruction of illegal substances,
paraphernalia, and weapons.
672 Court Packets 3319 Citiations Less than 1% NIBRS
Error Rate
Property & Evidence Unit
Records Unit
Our records department processes all police reports including preparing copies for community members, the District Attorney’s Office, insurance companies and other public agencies. Our Records Unit is also responsible for compiling National Incident-Based Reporting System statistical data for the U.S. Department of Justice and the Federal Bureau of Investigation.

Our Records Unit & 2022 at a glance:
13 City Council/RSA Agenda 672 Tuesday, April 25, 2023 2022 ANNUAL REPORT YEAR-END REVIEW Officer Involved
Shootings
0 In-Custody
Deaths
0 Professional Standards
Investigations
4 Transparency
Identification
Oppor ut n ti y
r G
wo
ht
* Note: A single complaint may involve numerous allegations against more than one member.

The mission of the Professional Standards Unit is to conduct thorough, timely, and impartial investigations of alleged misconduct by the members of the Union City Police Department. Additionally, the unit may administratively investigate officer involved shootings and in-custody deaths. The internal investigations process allows our organization to identify successes within the organization, or opportunities for future growth and/or development.

Professional Standards Unit
In 2022, UCPD investigated two
internally generated complaints and two
additional community member
complaints. Three of these
investigations were completed in 2022
with one case pending completion. Only
one incident resulted in a sustained
finding for a minor policy violation. All
other allegations resulted in either
unfounded, not-sustained or exonerated
dispositions.
14 City Council/RSA Agenda 673 Tuesday, April 25, 2023 2022 ANNUAL REPORT YEAR-END REVIEW 0 25 50 75 100
Discharge of Firearm
Less Lethal Munitions
CEW (Taser) Deployment
Physical Force
Control Hold
Control Hold w/Pain Compliance
Takedown
Personal Body Weapon
Body Wrap
K-9 Bite
Pepper Spray
Baton
K-9 Deployment - Show of Force
Intentional Pointing of Firearm
Intentional Pointing of CEW (TASER)
Intentional Pointing of Less Lethal
155
UOF Incidents
39,370
Documented Contacts

0.39%
Use of Force Rate
Every year, the Professional Standards Unit prepares an Annual Use of Force (UOF) Report which is presented to the City Council by the Chief and posted on our Transparency Portal. The report is intended to provide comprehensive analysis of all data collected by the Professional Standards Unit, with the goal of increasing both organizational awareness and public trust. The report includes use of force statistics and data related to internal affairs investigations. In 2022 our officers had approximately 39,370 documented contacts, including, arrests, detentions, and traffic citations. Of those contacts, only 155 incidents or 0.39% of all contacts resulted in the use of force, demonstrating UCPD’s incredible restraint, discretion, and patience during tense and rapidly evolving situations. This was a perfect example of UCPD employees exhibiting unparalleled professionalism during unprecedented, challenging times.

Use of Force
2022 FORCE INSTANCES PER CATEGORY COMPARISON
2022 ANNUAL REPORT YEAR-END REVIEW 15 City Council/RSA Agenda 674 Tuesday, April 25, 2023 159
Hours of Cultural
Awareness training;
5 classes and 53
employees
1,402
Hours of Firearms
training, including
490 hours of Active
Shooter Training
180
Hours of FARO
Laser Scanner
training by 6
employees
Hours of Crisis
Intervention Team
training completed
by employees
244
The Personnel & Training (P&T) Unit coordinates training as well as conducts recruiting and hiring of applicants who align with our department’s core values, most importantly a commitment to practicing true “Service from the Heart.” This is the ability to serve our community and one another with care, compassion, and empathy.

Personnel & Training
21,954 Hours
20,260 Hours
Number of training hours
collectively for all UCPD
employees.

Number of training hours
collectively for sworn employees.

NAACP Cultural Awareness Training "Bridging the Divide" Personnel & Training Efforts
Note: All patrol personnel with the exception of Recruits have received CIT certification. 16 City Council/RSA Agenda 675 Tuesday, April 25, 2023 2022 ANNUAL REPORT YEAR-END REVIEW

0 - 5 Years 45%
6 - 10 Years 21%
11 - 15 Years 10%
More than 15 Years 25%
Asian White Hispanic Black/African American

DEPARTMENT ETHNICITY CITY OF UNION CITY ETHNICITY
Male
70%
Female
30%
GENDER

YEARS OF SERVICE
In 2022, the Union City Police Department had a total of 102 employees. Over the years, we have strived to create a workforce that reflects the uniquely diverse and culturally rich community we are honored to serve.

Demographics
17 City Council/RSA Agenda 676 Tuesday, April 25, 2023 2022 ANNUAL REPORT YEAR-END REVIEW Employee Engagement Survey
City Council/RSA Agenda 677 Tuesday, April 25, 2023
Personnel
Hired

JOIN OUR
7 Professional Staff
14 Police Officers
The implementation of these recruitment strategies aligned with the Union City Strategic Plan (Goal B, Strategy 11), “Develop and implement a marketing plan to aid in ensuring key positions are filled, including the use of targeted recruitment incentives (such as hiring bonuses) for difficult-to-hire positions.

Applications for the position of police officer in California are down 78% and agencies are in dire need of finding highly qualified police officers. As a result, Chief Rinetti requested authorization to over hire, reinstitute a referral incentive program and utilize the services of EPIC, a marketing firm specializing in law enforcement recruitment. With the help of these tools, UCPD has risen above state-wide challenges and hired 14 sworn employees and 7 non-sworn employees in 2022. These accomplishments speak to the culture and reputation of UCPD. Our number one recruitment tool has proven to be our own personnel who are referring new employees and highly recommending UCPD as a great place to work! 19 City Council/RSA Agenda 678 Tuesday, April 25, 2023 2022 ANNUAL REPORT YEAR-END REVIEW Officer K. Scarbrough Officer Z. Ali Officer J. Singh Officer A. Aliyar Officer C. Axenie Officer R. Marra Officer A. Ayubzai Officer M. Gelderman Officer J. Hammad Officer B. Lokula
CSA L. Shekari POA A.Topete P&E Tech J.Selby Cadet M. Lopez

WELCOME
TO OUR
20 City Council/RSA Agenda 679 Tuesday, April 25, 2023 2022 ANNUAL REPORT YEAR-END REVIEW 22 Fleet
Cameras
87 Body Worn
Cameras
10 Drones
85 TASERS
ZERO
Equipment
Use or Policy
Complaints
Equipment
2022 included the addition of our Mobile Command Vehicle! This valuable piece of equipment enables collaboration with outside agencies along with uninterrupted communications during critical incidents, natural disasters or any other dynamic incident. Our Mobile Command Vehicle is also an extremely effective community outreach tool.

In furtherance of enhanced transparency, we also contracted with Axon Enterprise Inc. to upgrade our body worn cameras, tasers and evidence management system. In addition, we added fully integrated dash cameras to our patrol vehicles. This state-of-the-art technology and advanced software will transform the way UCPD processes information and evidence, resulting in a higher level of service provided to our community.

City Council/RSA Agenda 680 Tuesday, April 25, 2023
Wellness
UCPD partners with Pinnacle Training Systems for
employee health screening along with nutrition &
fitness programs.

UCPD also boasts a 15-person peer support team,
consisting of both sworn and non-sworn employees.

Our team provides support for both personal and
professional wellness related challenges.

In February, all employees participated in a one-day
seminar focusing on wellness and mental health
training. This included strategies for successful
financial wellness, mental health, fitness,
mindfulness, and healthy sleeping habits.

UCPD is grateful to have Reverend
Albert Valencia as a member of the
UCPD family. Reverend Valencia is a
certified and credentialed law
enforcement Chaplain who is
instrumental is proving support to
employees and community members of
all faiths. Reverend Valencia has served
his community since 1977 and has
been with UCPD since 2005.
2022 ANNUAL REPORT YEAR-END REVIEW 22 City Council/RSA Agenda 681 Tuesday, April 25, 2023 City Council/RSA Agenda 682 Tuesday, April 25, 2023
Field Operations
Our Field Operations Division is commanded by
Captain Victor Derting. This division includes our
Patrol, Field Training, Canine, and Traffic Units. Field Operations also includes our Community Service Aid,
Technology and Public Information services.

City Council/RSA Agenda 683 Tuesday, April 25, 2023
Patrol falls under the Operations Division which is made up of four (4) Police Lieutenants (Watch Commanders), eight (8) Police Sergeants, eight (8) Field Training Officers, three (3) K-9 Officers, and thirty (30) Patrol Officers.

The Patrol Division provides services 24 hours a day, seven days a week and will prioritize responses to requests for emergency services using available resources to enhance the safety of the public and department members.

Patrol Unit
39,370
Police Service
Contacts
6,510
Police Reports
Documented
25 City Council/RSA Agenda 684 Tuesday, April 25, 2023 2022 ANNUAL REPORT YEAR-END REVIEW DUI Enforcement
2 4
Citations Issued
3,451
Vehicles Marked Abandoned
1,926
147 Towed
Checkpoints
Saturation
117
Hit & Run
Property
Total Collisions
610
Injury
The Union City Police Department’s Traffic Unit is part of the Field Operations Division and is dedicated to keeping our community’s roadways safe for motorists and pedestrians.

Traffic Unit
2022 Traffic Enforcement Activity
The Traffic Unit is responsible for investigating vehicle collisions, addressing traffic complaints, public education, and enforcing the California Vehicle Code and local municipal ordinances.

Sergeant Stan Rodrigues (pictured above) oversees the Traffic Unit. He brings over 29 years of law enforcement experience and has led our unit for four years. Sergeant Rodrigues will be retiring in April of 2023. Thank you for your dedication to our UCPD family and our entire community! In 2022, our Traffic Unit participated in several multi-agency traffic related enforcement teams, including H.I.T.T. (High Intensity Traffic Targeting),
C.O.S.A.C. (Commercial Officers of Southern Alameda County) 264
229
26 City Council/RSA Agenda 685 Tuesday, April 25, 2023 2022 ANNUAL REPORT YEAR-END REVIEW We are responsible
for developing our
people into
officers our
department and
community can be
proud of

J E A N J I M E N E Z
F T O S e r g a n t
Field Training Officers
There are 12, specially trained Police Officers known as Field Training Officers (FTO's.) All new Union City Police Officers, whether entry level or laterals from another department, are assigned to our Field Training Program. The FTO program is 19 weeks long (760 hours) for entry level officers and can be as short as eight weeks (320 hours) for lateral officers.

Sergeant Jean Jimenez oversees the Field
Training Program. He has over 20 years of
law enforcement experience and has
supervised the unit for the last three and a
half years
In 2022, UCPD had
eight (8) officers
successfully complete
the FTO program.

Our FTO’s also provide new employees with an extended mentorship program which includes coaching and support after recruits graduates from the program. Our mentorship program is another example of UCPD’s commitment to the continued development, training and success of our employees. 27 City Council/RSA Agenda 686 Tuesday, April 25, 2023 2022 ANNUAL REPORT YEAR-END REVIEW Deployments
22 Bites
0 Surrenders
11 Training Hours
1,152

CANINE UNIT
2022 brought new faces into our K-9 unit, which entered into its 28th year of service. In addition to the canines being a valuable resource in apprehension and searches, they are very popular at community gatherings and frequently make appearances at various city sponsored events.

Officer Canjura and K-9 Turbo Officer Moya and K-9 Willem Officer Olson and K-9 Bacon 28 City Council/RSA Agenda 687 Tuesday, April 25, 2023 2022 ANNUAL REPORT YEAR-END REVIEW Community Engagement
The Union City Police Department’s Community Resource
Coordinator, Crystal Raine, develops and coordinates our social media and community engagement strategy programs. Crystal has been with UCPD for six (6) years and has continued to show her passion for strengthening community partnerships through social media, community events, neighborhood watch meetings and our Crime Free Program.

UCPD has participated in a number of community events this year in an effort to build meaningful relationships with those we serve. 2022 Community
Events
Special Olympics
Stop Asian Hate
Coffee with Cops
Shop with a Cop
National Night Out
Read Across America
Kaiser Flu Shot Clinic
Trunk or Treat
Halloween Parade
Shred-It
Prescription Take Back
Tip-A-Cop
First Responder Sunday
Night of Honor
Crystal Raine
Community Resources Coordinator
29 City Council/RSA Agenda 688 Tuesday, April 25, 2023 2022 ANNUAL REPORT YEAR-END REVIEW Since 1984 National Night Out (NNO) has been an annual event held the first Tuesday in August. NNO is a community-building campaign that promotes police-community partnerships and neighborhood camaraderie. The event enhances the relationship between neighbors and law enforcement while bringing back a true sense of community.

National Night Out 2022
Special Olympics Torch Run
The Special Olympics Torch Run was established in 1981 in an effort to raise awareness and funds for the Special Olympics. The “Flame of Hope” is carried throughout the run, symbolizing courage and celebrating unity and diversity. UCPD participates in fundraising events which have helped raise over $18 million in Northern California since 1996.

City Council/RSA Agenda 689 Tuesday, April 25, 2023
City Council/RSA Agenda 690 Tuesday, April 25, 2023
Service from the
Heart
We take pride in our ability to serve our community and one another with care, compassion, and empathy.

Examples of service from the heart can be found daily! Below is just one example of our officers showing genuine devotion to the community we serve.

On November 1, 2022, UCPD personnel were dispatched to a report of a stolen vehicle. During the incident, officers learned several birthday gifts for the victim's son were also stolen just four days before his birthday party. Touched by the story, the shift and Police Officers' Association collected $850 for the victim (pictured above) and the party continued as planned!
32 City Council/RSA Agenda 691 Tuesday, April 25, 2023 2022 ANNUAL REPORT YEAR-END REVIEW In 2022, UCPD, along with most law enforcement agencies, switched from the Uniform Crime Reporting (UCR) system to NIBRS. NIBRS is a national program that governs the way crime data is collected and submitted to the Federal Bureau of Investigations. The focus of this new program was on providing more transparent, comprehensive, and robust crime statistics.

City Council/RSA Agenda 692 Tuesday, April 25, 2023
Forcible Rape
Serious Crimes
Against Persons
Murder & Non-Negligent Manslaughter
Forcible Rape Helo
Aggravated Assault
Serious Crimes
Against Property
Robbery F
Burglary
Larceny / Theft Helo
Motor Vehicle Theft F
Arson

MURDER & NON-NEGLIGENT MANSLAUGHTER
The willful, non-negligent, killing of one human
being by another

FORCIBLE RAPE
The carnal knowledge of a person, forcibly and
against his/her will. Assaults or attempts to
commit rape by force, or threat of force, are
included.

AGGRAVATED ASSAULT
An unlawful attack, or attempt attack, by a
person upon another for the purpose of
inflicting severe or aggravated bodily injury.

ROBBERY
The taking, or attempts to take, of anything of
value from the care, custody and control of a
person or persons by force, or threat of force,
or violence and/ or by putting the victim in fear.

BURGLARY
The unlawful entry of a structure, or other
specific place, to commit a felony or any
theft.

LARCENY / THEFT
Includes all theft not included in robbery,
burglary, and motor vehicle theft.

MOTOR VEHICLE THEFT
Includes the theft and attempted theft of
motor vehicles.

ARSON
The unlawful burning, or attempts to burn,
property which may or may not belong to the
person causing the fire.

Part A - Serious Crimes
34 City Council/RSA Agenda 693 Tuesday, April 25, 2023 2022 ANNUAL REPORT YEAR-END REVIEW 0 500 1,000 1,500 2,000
ROBBERY (96)
BURGLARY (261)
LARCENY/THEFT (1,597)
MOTOR VEHICLE THEFT (513)
ARSON (20)
0 50 100 150 200
HOMICIDE (3)
RAPE (11)
AGGRAVATED ASSUALT (178)
2022 Crime Overview
Serious Crimes Against Property
Serious Crimes Against Persons

TOTAL SERIOUS CRIMES AGAINST PERSONS
TOTAL SERIOUS CRIMES AGAINST PROPERTY 2,487
192
35 City Council/RSA Agenda 694 Tuesday, April 25, 2023 2022 ANNUAL REPORT YEAR-END REVIEW

HOMICIDE RAPE AGGRAVATED ASSAULT
2018 2019 2020 2021 2022
200
150
100
50 0

ROBBERY BURGLARY LARCENY/THEFT

MOTOR VEHICLE THEFT ARSON
2018 2019 2020 2021 2022
2,000
1,500
1,000
500
0 2018 2019 2020 2021 2022
200
150
100
50 0
5-Year Comparison
Serious Crimes Against Property
Serious Crimes Against Persons
36 City Council/RSA Agenda 695 Tuesday, April 25, 2023 2022 ANNUAL REPORT YEAR-END REVIEW On the Horizon
UCPD is transitioning to a
district policing service
model. We believe smaller
patrol districts will
improve our ability to
interact and understand
the needs of the
community. This will
include assigning a District
Policing Commander, a
Patrol Lieutenant, whose
name, email, and business
phone number will be
easily accessible to our
residents on our website.

This plan will increase
patrol accountability and
beat knowledge, improve
early identification of
emerging crime trends and
community problems, and
foster increased
communication and
information sharing with
those we serve.

City Council/RSA Agenda 696 Tuesday, April 25, 2023

DISTRICT POLICING
MAP
City Council/RSA Agenda 697 Tuesday, April 25, 2023

TOGETHER WE CAN
Protect our Community
See Something, Say Something
Community Oriented Policing and Problem
Solving (COPPS) Unit
The COPPS Unit will coordinate neighborhood watch, business watch, crime free & crime prevention through environmental design (CPTED), and other quality of life service programs. These programs enhance police community partnerships, which in turn improve communication and response to community needs. The formation of the COPPS Unit is dependent on resources and is forecasted to commence as soon as personnel levels increase and staffing can be supported.

City Council/RSA Agenda 698 Tuesday, April 25, 2023
Officer of the Year
UCPD Employee of the Year
Officer Terrence Olson was recognized as
UCPD’s 2022 "Employee of the Year" at our
city's Annual Employee Luncheon!
Officer Olson has a reputation for being a
proactive police officer who provides quality
service to our community, day in and day out.

His specialty is making gun arrests and taking
violent offenders off the streets. Officer Olson
proactively took nine illegal firearms off the
streets in a four-month span after Chief
Rinetti announced our department’s gun
violence initiative.

In addition to being a canine handler,
Terrence is a Field Training Officer, whose
responsibilities include developing and
mentoring our new officers. He takes pride in
being a mentor and looks to pass along his
knowledge and experience to the next
generation of UCPD officers.

Every year the members of the Union City Police Officers Association choose one of their peers as the “Officer of the Year." 2022's recipient was Sergeant Manny Leon.

Manny has been with UCPD since 2005 and his
experience includes time in the Community Policing Unit and on the S.W.A.T. team. Manny also has several years
of experience as an FTO and was promoted to the rank
of Sergeant in September of 2022!
Sergeant Leon is one of the most reliable members of
the department, which he demonstrates with his
willingness to respond at all hours to assist with
complex crime scenes and critical incidents. He is
constantly looking for training and equipment to better his programs, including CSI and Defensive Tactics.

Congratulations to Sergeant Manny Leon, UCPD's 2022
“Officer of the Year."
City Council/RSA Agenda 699 Tuesday, April 25, 2023
Police Office Assistant Lee Lapp was
hired by the police department in
February of 1998. As a Police Office
Assistant, Lee worked in various units to
include the Southern Alameda County
Major Crimes Trask Force, and the
Personnel and Training Unit. Lee retired
in May of 2022 after more than 24 years
of service
Police Office Assistant Lee Lapp
FOR
YOUR
Sergeant Jeff Stewart was hired by the
police department in June of 1995. During
his time with the department, he worked a
number of assignments including
Investigations, Traffic, and SWAT to name
a few. Jeff was promoted to the rank of
Sergeant in August of 2014. As a Sergeant,
Jeff worked assignments in Patrol, Traffic
and Investigations. In June of 2022, Jeff
retired after 27 years of service.

Police Sergeant Jeffery Stewart
41 City Council/RSA Agenda 700 Tuesday, April 25, 2023 2022 ANNUAL REPORT YEAR-END REVIEW Gone but not forgotten...

Kevin Afonso

IN LOVING
MEMORY Ashley Torres
Jerry Martinez
To our former UCPD employees lost in 2021
and 2022. You will forever live on in our
hearts and always be a part of our family.

City Council/RSA Agenda 701 Tuesday, April 25, 2023
Scan our QR code to add us on social media!
Stay Connected
34009 Alvarado Niles Road,
Union City, CA 94587
www.unioncity.org
510-471-5974
510-471-1365
City Council/RSA Agenda 702 Tuesday, April 25, 2023

UNION CITY POLICE DEPARTMENT
APRIL 25, 2023
City Council/RSA Agenda 703 Tuesday, April 25, 2023
OFFENSE 2022
HOMICIDE 3
RAPE 11
AGGRAVATED ASSAULT 178
CRIMES AGAINST PERSONS TOTAL 192
OFFENSE 2022
ROBBERY 96
BURGLARY 261
LARCENY/THEFT 1,597
MOTOR VEHICLE THEFT 513
ARSON 20
CRIMES AGAINST PROPERTY TOTAL 2,487
2022 CRIMES AGAINST PERSONS & PROPERTY
96 261
1597
513
20 ROBBERY

BURGLARY

LARCENY/THEFT

MOTOR VEHICLE THEFT
ARSON
Part A - Serious Crimes Against Property
3 11
178

HOMICIDE
RAPE

AGGRAVATED

ASSAULT
Part A - Serious Crimes Against Persons
City Council/RSA Agenda 704 Tuesday, April 25, 2023
PART A CRIMES: AGAINST PERSONS & PROPERTY
5-YEAR COMPARISON
1,923 2,005 2,138 2,210
2,679
0 500
1000
1500
2000
2500
3000
2018 2019 2020 2021 2022
4% 6% 3%
21%
City Council/RSA Agenda 705 Tuesday, April 25, 2023
MOTOR VEHICLE THEFT: 5-YEAR COMPARISON
237 226
444
468
513
0 100
200
300
400
500
600
2018 2019 2020 2021 2022
116% Increase in
motor vehicle thefts
from 2018 to 2022
City Council/RSA Agenda 706 Tuesday, April 25, 2023

PATROL SERVICE CONTACTS
34,667 Service Contacts
Daily Average 95
5,592 Reports
33,683 Service Contacts
Daily Average 92
5,665 Reports
2022 Patrol Activity
39,370 Service Contacts
Daily Average 108
6,510 Reports
2020 Patrol Activity 2021 Patrol Activity
City Council/RSA Agenda 707 Tuesday, April 25, 2023

TRAFFIC
C o l l i s i o n s
Average 600+ traffic accidents a year
Zero Traffic related deaths in 2022
A b a n d o n e d
Ve hi c le s
Marked for Tow – 1,926
Towed – 147

TRAFFIC
2 , 9 4 5 Tr a ffi c S t o p s • 3 , 4 5 1 Vi o l a t i o n s I s s u e d 0 117
264
229
Fatalities Injury Property Hit & Run
2022 Traffic Accidents
2022 Arrests
50 City Council/RSA Agenda 708 Tuesday, April 25, 2023

MENTAL HEALTH CALLS FOR SERVICE
2022 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTALS Total 5150 22 22 19 24 19 18 19 21 20 15 16 18 233
Weapons 5 4 1 4 2 1 2 2 3 1 1 2 28
UOF 1 0 1 1 1 1 0 1 0 0 1 0 7
Injuries MED 0 0 0 0 0 0 0 0 0 0 0 0 0
Injuries OFC 0 0 0 0 0 0 0 0 0 0 0 0 0

3.0%
22 22
19 24
19 18 19
21 20
15 16
18 0
5 10
15 20
25 30

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Total 5150 Weapons UOF Injuries MED Injuries OFC
City Council/RSA Agenda 709 Tuesday, April 25, 2023

USE OF FORCE
39,370
Documented Contacts
155
Use of Force Incidents

0.39%
Use of Force Rate
Zero
In-Custody Deaths
Zero
Officer Involved Shootings
0 0
23 22
5 4
48 1
0 1
0 0
0 10 20 30 40 50 60
Discharge of Firearm
Less Lethal Munitions
Physical Force
Takedown
Personal Body Weapon
Body Wrap
Control Hold
Control Hold w/Pain Compliance
K-9 Bite
CEW Deployment
Pepper Spray
Baton
Physical Force
1 91
11 5
0 20 40 60 80 100
K-9 Deployment w/no Bite
Intentional Pointing of Firearm
Intentional Pointing of a TASER
Intentional Pointing of LessLethal
Non-Physical Force
Note: Use of Force incidents may include more than one type of force.

City Council/RSA Agenda 710 Tuesday, April 25, 2023
2022 EXTERNAL & INTERNAL COMPLAINTS
Total Number of External Complaints by Members of the Community January to June July to December Total
Number of Complaints 2 0 2
Number of Involved Employees 5 0 5
Current Status Completed Pending Total
2 0 2
Total Number of Internally Generated Investigations
January to June July to December Total
Number of Complaints 1 1 2
Number of Involved Employees 1 4 5
Current Status Completed Pending Total
1 1 2
* Note: A single complaint may involve numerous allegations against more than one employee. 2 1
7 Exonerated
Sustained
Unfounded
Unfounded
The investigation conclusively proves the act, or acts, complained of did not occur, or that the individual
named in the complaint was not involved in the alleged
misconduct.

Sustained
The investigation disclosed enough evidence to
conclusively prove the allegation made in the complaint occurred.

Exonerated
The act, or acts of the employee, which formed the
basis of the complaint, did occur, however, the
investigation proves such act, or acts, were justified, lawful, and proper.

City Council/RSA Agenda 711 Tuesday, April 25, 2023

DEPARTMENT DEMOGRAPHICS
Gender Years of Service
20%
42%
33%
5%
55%
19%
15%
4%
Asian Hispanic White African American/Black
Ethnicity: Department Ethnicity: Community
70% Male 30% Female
59%
47%
Residents with a College Degree
Employees with a College Degree
0 – 5 Years
6 – 10 Years
11 – 15 Years
More than 15 Years
45%
21%
10%
25%
City Council/RSA Agenda 712 Tuesday, April 25, 2023
11 88% of Employees
Agree or Strongly Agree
UCPD is Dedicated to
Professional
Development
92% of Employees are
Proud or Extremely
Proud to be a Member
of UCPD
2022 Employee Engagement Survey
87% of Employees
Agree or Strongly Agree
they are Valued at
UCPD
96% 92% 88% 87%
96%of Employees Agree
or Strongly Agree
“Service from the Heart”
is Crucial to Building
Relationships with the
Community
2022 Employee Engagement Survey
City Council/RSA Agenda 713 Tuesday, April 25, 2023
Livermore Police Department Alameda Police Department
Per Capita Comparison/Police Service
8 Similar Sized Agencies
Union City Per Resident Per Year Cost $416

STAFFING AND BUDGET
Highest Per Resident Per Year Cost $622
Average Per Resident Per Year Cost $491
Walnut Creek Police Department
Pleasanton Police Department
Milpitas Police Department Redwood City Police Department Union City Police Department San Leandro Police Department City Council/RSA Agenda 714 Tuesday, April 25, 2023

PURPOSE DRIVEN POLICING
Progress through Relationships and Trust
• Technology & Training
• Public Safety Working Group
• Team Policing
• District Policing
City Council/RSA Agenda 715 Tuesday, April 25, 2023

Union City City CouncilApril 25, 2023

Union City City Council
April 25, 2023