Union City City Council
July 11, 2023

dated June 15, 2023 and all written and oral testimony, and adopted Resolution No. 11-23 recommending approval of the amendments. The staff report, Desk Item and resolution are incorporated herein by reference; and

CITY COUNCIL REVIEW
WHEREAS, the City Council held a duly noticed public hearing on the proposed amendments on July 11, 2023, at which time all interested parties had the opportunity to be heard.

The City Council considered a staff report dated July 11, 2023 and July 25, 2023 (including background reports) and incorporated herein by reference, the Planning Commission recommendation, and all written and oral testimony before taking action on the amendments; and WHEREAS, the amendment to Title 18 of the Municipal Code as shown in Exhibit A, which is attached hereto and incorporated herein by reference; and WHEREAS, a red-lined version of the amendment is shown in Exhibit B, which is attached hereto and incorporated herein by reference.

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

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

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

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

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

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

SECTION 4. Approval. The City Council hereby approves the amendments to the Municipal Code, more particularly, amending Chapter 18.08, Definitions, Chapter 18.36, Commercial Districts, Chapter 18.40, Industrial Districts, Chapter 18.76, Site Development Review, and add Chapter 18.43, Use of Hazardous Materials, as shown in attached Exhibit A, which is incorporated herein by reference and available for review in the City Clerk’s office during normal business hours.

SECTION 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application City Council/RSA Agenda 577 Tuesday, July 11, 2023
Ordinance # XXXX-23

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

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

City Council/RSA Agenda 578 Tuesday, July 11, 2023

EXHIBIT A
Chapter 18.08 DEFINITIONS

18.08.045 Automobile rental.
“Automobile rental” means a facility engaged in the rental and leasing of new and used automobiles, trucks, trailers, motorcycles, mopeds, and recreation vehicles and supplies, including storage of said vehicles.

18.08.047 Automobile sales.
“Automobile sales” means a facility engaged in the retail sales and services of new automobiles, trucks, trailers, motorcycles, mopeds, and recreation vehicles and supplies. Accessory sales of used automobiles, trucks, trailers, motorcycles, mopeds, and recreation vehicles may be permitted.

18.08.073 Bank and financial institutions.
“Bank and financial institutions” means an establishment which provides services to meet the financial needs of its customers (i.e., checking account services, mortgage broker services, etc.). This use does not include check cashing businesses as defined in Section 18.08.168 or payday loan facility as defined in Section 18.08.486.

18.08.074 Bar.
“Bar” means a business where alcoholic beverages (including beer, wine, liquor, and mixed drinks) are sold for on-site consumption as a primary use, which is not part of a larger full service/sit down restaurant.

Includes taverns, wine bars, pubs, lounges, and similar establishments where any food service is subordinate to the sale of alcoholic beverages.

18.08.075 Bed and breakfast establishment.
“Bed and breakfast establishment” means a building of residential character containing no more than five (5) sleeping units for rent by tourists on a temporary basis not to exceed a stay exceeding fourteen (14) calendar days in any month. A bed and breakfast establishment may also serve meals to guests as part of the guest fee and shall provide for a resident-manager.

18.08.076 Bicycle parking facility.

A “bicycle parking facility” is a device that is used to securely store bicycles. A bicycle parking facility can either be a bicycle locker or rack designed and installed in conformance with the design criteria listed in Section 18.28.080 or 18.28.090.

18.08.077 Bingo games.
“Bingo games” means the establishment of a game of chance open to the public in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random in accordance with Section 326.5 of the California State Penal Code and Chapter 5.32 of the Union City Municipal Code. For the purposes of the zoning ordinance, bingo games City Council/RSA Agenda 579 Tuesday, July 11, 2023
Exhibit A (AT-23-003), Page 2
shall include conduct of such games as either the primary use of land or as a use that is accessory to a primary use of land.

18.08.078 Biotechnology.
“Biotechnology” is the industrial use of living organisms (or parts of living organisms) in applications in medicine, agriculture, or other products. Biotechnology can include fermentation and plant and animal hybridization, which may include animal testing, protein separation technologies, and genomics and combinational chemistry.

18.08.156 Business services.
“Business services” means a facility that provides support services for businesses or the public for a fee.

These services include copying, printing, mailing, design, data processing and sign shops, etc.

18.08.175 Conference center.

A “Conference center” means a facility for conventions, conferences, trade shows, festivals, and other events held within a facility designed and approved for this purpose.

18.08.176 Construction equipment sales and rental.
“Construction equipment sales and rental” means a facility which provides construction equipment and related commodities to the public for sale or rental, and accessory servicing of that equipment.

18.08.177 Contractor services.
“Contractor services” means a facility providing general contracting and/or building construction services, including general building, plumbing, electrical, air conditioning, carpentry, and other trade contractors.

18.08.178 Convenience market.
“Convenience market” means an activity that includes the retail sale of food, beverages, and personal convenience items, primarily for off-premises consumption and typically found in establishments with long or late hours of operation and in a building of less than three thousand (3,000) square feet.

Convenience markets may sell beer and wine but shall be considered liquor stores if hard liquor is sold on site. Excluded from this definition are delicatessens, specialty food shops, and establishments which have a sizeable assortment of fresh fruits and vegetables and fresh cut meat.

18.08.190 Director.
“Director” means Economic and Community Development Director. The Director is the executive head of the Economic and Community Development Department appointed by the City Manager to administer the zoning title. The Director also functions as the “Zoning Administrator.”

18.08.246 Engineering and design services.
“Engineering and design services” means an establishment primarily engaged in engineering and drafting services including architectural services. Usually includes office and drafting equipment, including blueprint machines.

City Council/RSA Agenda 580 Tuesday, July 11, 2023
Exhibit A (AT-23-003), Page 3

18.08.266 Food Truck.

A ‘Food Truck” means any motorized vehicle or trailer used as a mobile vending vehicle that sells food or beverages in the operation of a business.

18.08.267 Gas station marketeer.

A “gas station marketeer” is:

A. An enclosed area located on a gasoline service station site, where merchandise that is not considered accessory to the normal operation and maintenance of automobiles is sold. This merchandise includes convenience food items such as sodas, nonalcoholic beverages, chips, cookies, ice cream, and other snack items and also nonfood items.

B. Additionally, the use of refrigerated display cases to which the general public has access constitutes a marketeer. However, a service station may have up to four (4) coin-operated vending machines and may sell cigarettes over the counter only without being considered a marketeer.

18.08.291 Incubator Space
“Incubator Space” means a facility managed by a third-party that helps startup companies and individual entrepreneurs develop their businesses by providing services such as mentorship and advice, office or lab space, access to investors or capital, equipment, networking and learning opportunities.

18.08.396 Maker space.
“Maker space” means a facility where shared manufacturing tools, such as 3-D printers, laser cutters, and traditional arts and crafts supplies, are used for the fabrication, of physical products and not for mass production.

18.08.401 Manufacturing and assembly.
“Manufacturing and assembly” means a use that is principally devoted to manufacturing processes and may include accessory research and development, administrative, and warehousing activities.

18.08402. Manufacturing process.
“Manufacturing process” means the fabrication, processing, assembly, or blending of organic or inorganic materials and/or substances into new products.

18.08.403 Media production studio.
“Media production studio” means a facility for the production of motion pictures, television, video, sound, graphics and other communications. Accessory uses include incidental rehearsal and broadcasting uses; however, use does not include transmission towers. This may also include incidental office use, retail sales, and indoor storage of equipment related to the recording uses.

18.08.486 Payday loan facility.
“Payday loan facility” means a facility primarily engaged in the business of advancing funds to customers in situations where the customer uses their entitlement to a future paycheck from some other source as City Council/RSA Agenda 581 Tuesday, July 11, 2023
Exhibit A (AT-23-003), Page 4
collateral for the loan, and for which the customer pays a fee (percentage or otherwise) for the advancement.

18.08.487 Personal services.
“Personal services” means a use providing services of a personal convenience including beauty salons, barber shops, dressmaking/tailoring, hair removal, nail salons, photographic and portrait studios, shoe repair shops, travel agency, and similar uses. Excluded from this definition are massage, check cashing, and any other personal service type use specifically listed within district regulations.

CHAPTER 18.36 COMMERCIAL DISTRICTS

18.36.050 Required conditions.

H. Other provisions of this chapter notwithstanding, all storage, handling or other use of hazardous materials shall be subject to the provisions of Chapter 18.43 of this title.

Chapter 18.40 is repealed and replaced in its entirety.

CHAPTER 18.40 INDUSTRIAL DISTRICTS

18.40.010 Purpose
The Industrial Districts are as follows:

General Industrial (MG): The purpose of the MG District is to provide space for a broad range of light to heavy industrial uses, including manufacturing, transportation, warehousing, and distribution uses. It is applied where unsightliness, noise, odor, traffic, and the hazards associated with certain industrial uses will not impact residential, commercial, schools, other less intense use areas.

Light Industrial (ML): The purpose of the ML District is to provide space for light manufacturing, assembly, and distribution of manufactured products, R&D facilities, industrial supply, incidental warehousing, offices, parking, and supportive sales, which evidence no or very low nuisance characteristics. The ML District promotes high quality industrial and office park developments. The district applies to areas where nuisance characteristics of noise, odor, traffic generation, unsightliness, or hazardous materials manufacturing or storage are undesirable. Performance standards are applied to ensure minimum potential for adverse effects, that any unavoidable adverse effects are contained on-site, and that the general objective of a high standard of property and use maintenance is met.

Special Industrial (MS): The purpose of the MS District is to provide space for lightest industrial operations, including limited manufacturing, assembly, distribution of manufactured products, R&D facilities, incidental industrial supply, incidental warehousing, offices, and supportive sales, as well as limited commercial uses along major arterials. The MS District promotes high quality industrial and office park developments. The district applies to areas where nuisance characteristics of noise, odor, traffic generation, unsightliness or hazardous materials storage or handling are avoided, and almost all uses will be conducted entirely within enclosed buildings.

18.40.020 Land use regulations—Industrial Districts
City Council/RSA Agenda 582 Tuesday, July 11, 2023
Exhibit A (AT-23-003), Page 5
Table 18.40.020 Land use regulations—Industrial Districts sets the land use regulations for the Industrial Districts by letter designation as follows unless a use or activity is prohibited or subject to a higher level of permit pursuant to other parts of this Section, other requirements of the Union City Municipal Code, or other applicable regulations:
"P" designates permitted uses.
"AUP" designates uses that are permitted subject to approval of an Administrative Use Permit (Chapter 18.54).
"UP" designates uses that are permitted subject to approval of a Conditional Use Permit (Chapter 18.56).
"-" designates uses that are not allowed.

Any other use determined by the decision maker to be essentially the same or very similar to the uses in in Table 18.40.020 may be permitted. In making this determination, the findings required under Section

18.52.060 shall be addressed. Land uses defined in the Union City Municipal Code and not listed in the table or not found to be substantially similar to the uses below are prohibited. Unless otherwise explicitly stated, all uses shall be conducted within a permanent building.

Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes

ASSEMBLY, EDUCATION AND RECREATION
Conference center - - UP
Fitness and recreational
facilities - - UP
Hotel - UP UP
Including accessory
commercial and business
services uses
Professional trade schools
and colleges - - UP Limited to programs serving persons 18 years or older

AUTOMOBILE
Automobile rentals - P P
Automobile repair and service - UP -
Including auto body and paint
shops
Automobile sales of new
vehicles - - UP Accessory used vehicles sales and service uses permitted City Council/RSA Agenda 583 Tuesday, July 11, 2023
Exhibit A (AT-23-003), Page 6
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Service stations - UP -
Subject to the following
conditions:

1. All operations except the
sale of fuel and oil shall be
conducted in a building
enclosed on at least three (3)
sides

2. Pump Island shall be
located not closer than twenty
(20) feet to any property line

3. No sale of alcoholic
beverages or food products

4. No service station
marketeer

COMMERCIAL SERVICES
Banks and financial
institutions - - UP
Business services - P UP
Child day care center - - UP
When conducted as an integral
part of a main building or on a
proximate site/campus and
where the parent(s) or
guardian(s) of children using
such facility remain on site, or
on a proximate site
Food service - - UP Excluding Drive-through uses
Live music (non-amplified) - - AUP
At food service uses and
subject to the provisions of
Section 18.36.195(A)
Outdoor dining areas - - AUP
At food service uses and
subject to the provisions listed
in Section 18.36.190
Food truck P P -
On private property, with
property owner permission
and up to 2 hours
INDUSTRIAL – MANUFACTURING AND ASSEMBLY
Building martials and products
Manufacturing and assembly
of prefabricated structures P P -
City Council/RSA Agenda 584 Tuesday, July 11, 2023
Exhibit A (AT-23-003), Page 7
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Manufacturing and assembly
of porcelain and ceramic
products including bathroom
and kitchen fixtures and
equipment
P P -
Kilns shall be fired only by gas
or electricity
Manufacturing and assembly
of building paper and building
board
P - -
Manufacturing and assembly
of building materials not
elsewhere listed in this table.

UP UP -
Chemicals and allied products manufacturing
Manufacturing of candle and
paraffin products P UP UP Excluding the rendering of products Manufacturing and assembly
of pharmaceuticals and
products from the life
sciences and biotechnology
industries
P P P
Manufacturing of soap,
detergents, and cleaning
preparations
P UP -
Excluding the refining or
rendering of fats and oils
Manufacturing of perfumes,
cosmetics, and other toiletries
preparations
P UP -
Excluding the refining or
rendering of fats and oils
Manufacturing and assembly
of plastic and rubber
products,
P UP UP Excluding tire manufacturing
Electronic, mechanical, and scientific equipment
Manufacturing, assembly, and
repair of electrical and neon
signs including billboards and
commercial advertising
structures
P P -
Manufacturing and assembly
of scientific instruments and
devices, computer hardware
and software,
semiconductors, and
computer chips
P P P
Manufacturing and assembly
of medical equipment P P P
City Council/RSA Agenda 585 Tuesday, July 11, 2023
Exhibit A (AT-23-003), Page 8
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Manufacturing and assembly
of, optical goods, watches and
clocks, musical instruments
and camera and photographic
equipment
P P P
Manufacturing and assembly
of machinery, appliances and
fixtures
P UP -
Fabricated metal products
Finishing and plating of metal
products - UP -
Machine shops P P UP
Excluding the use of drop
hammers or punch presses
with a rated capacity of over
twenty (20) tons
Manufacturing and assembly
of fabricated metal products
not elsewhere listed in this
table
P P -
Manufacturing and assembly
of Transportation Equipment SEE BELOW
Assembly of bicycles P P P
Assembly of mass transit
equipment P UP -
Manufacturing and
assembly of motor
vehicles, trailers,
motorcycles, and
associated parts and
equipment not elsewhere
listed in this table
P UP -
Manufacturing and
assembly of mass transit
equipment
P - -
Manufacturing and assembly
of products from previous
prepared materials such as
precious or semi-precious
metal

P UP UP
City Council/RSA Agenda 586 Tuesday, July 11, 2023
Exhibit A (AT-23-003), Page 9
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Manufacturing and assembly
of structural steel iron and
pipe including bars, girders,
and rails
P - -
Food and kindred products
Breweries, distilleries, and
wineries P P AUP
On-site tasting rooms for
Breweries, distilleries, and
wineries
- AUP AUP
Including accessory food
service. Outdoor dining areas
subject to the provisions listed
in Section 18.36.190
Indoor farming and
cultivation P P -
Excluding the cultivation of
cannabis or other controlled
substances
Manufacturing and bottling of
Beverages P P Including soft drinks and water
Manufacturing and packing of
bread, bakery, confectionery
and related products
P P -
Manufacturing and packing of
food products P P P
Excluding production of fish or
meat products, sauerkraut,
vinegar or the like, or the
rendering or refining of fats,
oils
Manufacturing and packing of
food products P P -
Including processes such as
baking, cooking, roasting,
pasteurization and extraction
Processing and packing of
Dairy products P - -
Processing and packing of
Meat products UP - - Excluding slaughtering
Sugar refining P - -
Furniture and fixtures
Manufacturing and assembly
of Cabinets
P P P
Manufacturing and assembly
of Household and office
furniture, and fixtures
P P -
Leather and allied products
City Council/RSA Agenda 587 Tuesday, July 11, 2023
Exhibit A (AT-23-003), Page 10
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Manufacturing and assembly
of leather products and
associated dyeing
P UP - Excluding tanning and curing
Lumber and wood products
Lumber yards UP* UP -
*Outdoor operations only
permitted in the MG Zoning
District
Manufacturing and assembly
of wooden and cork products,
not elsewhere listed in this
table
P P -
Sawmills UP - -
Paper, printing, publishing, and allied industries
Manufacturing and assembly
of paper and pulp goods not
listed elsewhere in this table
P UP -
Publishing, printing, and
binding of newspapers,
periodicals, books, cards,
forms, blank books and
circulars
P P UP
Stone, clay, and glass products
Gravel, rock and cement yards UP - -
Including batch plans, and
outdoor operations
Fabrication of concrete
products P UP - Excluding batch plants
Manufacturing and assembly
of artisan products P P P Including glass, tile and clay Manufacturing and assembly
of glass and pottery products P P -
Kilns shall be fired only by gas
or electricity
Manufacturing and assembly,
including cutting, polishing,
and setting of jewelry
products and products from
precious or semi-precious
stone
P P P
Textile mill products
City Council/RSA Agenda 588 Tuesday, July 11, 2023
Exhibit A (AT-23-003), Page 11
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Manufacturing and assembly
of textile products including
apparel, not elsewhere listed
in this table
P* P* P
*Accessory dyeing and
finishing only Permitted in the
MG and ML Zoning Districts

INDUSTRIAL - WAREHOUSE, WHOLESALE AND DISTRIBUTION
Cold Storage uses that do not
exceed 100,000 square feet UP UP -
Warehouse, wholesale and
distribution uses within
buildings which were built, or
approved by the Economic
and Community Development
Department, prior to August
22, 1996
- P -
Warehouse, wholesale and
distribution uses up to
twenty-five (25,000) within
buildings built since August
22, 1996
- P -
Warehouse, wholesale and
distribution uses over 25,000
square feet within buildings
built since August 22, 1996;
provided, that they either: (1)
generate sales tax revenues
as a point of sale, and/or (2)
Supports an existing Union
City manufacturing or
assembly use with a valid
business license
- AUP -
Warehouse, wholesale, and
distribution uses that do not
exceed then thousand
(10,000) square feet
- - P
City Council/RSA Agenda 589 Tuesday, July 11, 2023
Exhibit A (AT-23-003), Page 12
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Warehouse, wholesale, and
distribution uses that do not
exceed twenty-five thousand
(25,000) square feet;
provided, that they either
serve as a point of sale for
taxable goods and/or
supports an existing Union
City manufacturing or
assembly use with a valid
businesses license
- - P

INDUSTRIAL SERVICES
Construction equipment sales
and rentals - P P
Construction equipment
sales and rentals with
accessory service and/or
outdoor storage
- AUP -
Contractor services P P P
Contractor services with
accessory outdoor storage
of equipment or supplies

UP UP -
Incubator spaces AUP AUP
Maker space P P P
Media production studios P P P
Painting, enameling,
lacquering, welding, and
sandblasting shops

UP UP -
Printing, lithographing, and
engraving P P P

OFFICE/LABORATORY/RESEARCH AND DEVELOPMENT
Administrative, executive,
financial and professional
offices
P P UP Excluding medical offices
Engineering and design
services and related facilities P P P
Medical offices - - UP
City Council/RSA Agenda 590 Tuesday, July 11, 2023
Exhibit A (AT-23-003), Page 13
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Research and development
services and related facilities P P P
Including life sciences, medical
and pharmaceutical research,
electronics, and computer
science
Veterinarian offices and small
animal hospitals - P UP
Including short-term overnight
boarding of animals for
medical purposes.

RETAIL
Commercial cannabis use - P P
Subject to the zoning
requirements of Chapter

18.117 and the licensure and
regulatory requirements of
Chapter 5.44
Retail catalog and mail order
houses with warehouse and
distribution center that serve
as a point of sales
P P P
Retail sales of office or
business products, specialty
electronics, household
furnishings, appliances, etc
- - P
Retail sale of goods which are
manufactured, processed or
assembled (improved or
developed to a higher use by
machine or by hand) on the
premises
P P P
Retail stores incidental to and
on the same site with a
permitted or conditionally
permitted use
- P P

UTILITIES AND WASTE FACILITIES
Cogeneration plants UP - -
Public utilities, power
stations, electric substations,
service groups, and storage
tanks
P P P
Provided they are fenced and
landscaped
City Council/RSA Agenda 591 Tuesday, July 11, 2023
Exhibit A (AT-23-003), Page 14
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Recycling facilities with
accessory outdoor dropoff/sorting and storage of
equipment

UP UP -
Excluding any operations
which entail the recycling of
hazardous materials

MISCELLANEOUS USES
Civic facilities P P P
Industrial planned unit
development UP UP UP Consistent with the requirements of Chapter 18.44

18.40.030 Accessory uses
A. Accessory structures and uses customarily incidental to any of the permitted uses listed in Table

18.40.020 when located on the same lot are permitted.

B. Accessory structures and uses customarily incidental to any of the conditional uses listed in Table

18.40.020 when located on the same lot are permitted only upon the granting of a conditional use permit pursuant to the provisions of Chapter 18.56.

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

D. Accessory structures and uses shall be located within the area of the lot allowed for principal structures and uses and shall conform to the required front, side and rear yard setbacks.

18.40.040 Performance standards
A. New or substantially modified industrial buildings shall be designed to limit warehouse, wholesale and distribution activities to a maximum of seventy-five percent (75%) of the gross floor area of the building with the remaining floor area used for assembly, manufacturing, research and development, sales, showrooms or office uses. This requirement can be waived by the decision maker if it can be found that the new or modified building will further the goals and policies of the Economic Development Element of the City’s General Plan.

B. No use shall be permitted which creates odors, noise, vibration, heat, glare, or electrical disturbance detectable by the human senses without the aid of instruments, beyond the boundaries of the site. However, such uses may be approved by the decision maker, if they specifically find that the use will not result in substandard conditions or otherwise have a detrimental effect on the surrounding properties.

C. Site shall be maintained in good order at all times and consistent with project conditions of approval (if applicable). This shall include, but not be limited to, maintenance and repair of all onsite structures including building façade materials or paint, fencing/walls, signage, paved areas City Council/RSA Agenda 592 Tuesday, July 11, 2023
Exhibit A (AT-23-003), Page 15
including sidewalks and driveways, and landscaping, as may be necessary to preserve a highquality aesthetic for the area.

D. All uses shall comply with the regulations pertaining to hazardous materials contained in Chapter 18.43.

E. Additions and modifications to industrial developments shall be designed to integrate with the existing development and shall be consistent with the standards included in Section 18.40.090.

F. All development shall comply with Chapter 7.04 related to management of solid waste, organic waste, and recyclable materials and shall be enclosed within the building or within an enclosure meeting the requirements of Section 7.04.55.

18.40.050 Development standards.

A. Table 18.40.050, Development standards—Industrial Districts, prescribes the development standards for Industrial Districts.

Table 18.40.050 Development standards—Industrial Districts Standard Industrial District
General Industrial (MG) Light Industrial (ML) Special Industrial (MS) Site area,
minimum One acre 20,000 Square feet 20,000 Square feet
Lot coverage,
maximum 75% 60% 60%
FAR, maximum .75 1.0 1.0
Front Yard
setback,
minimum
25 feet 25 feet 25 feet
50 feet when the front street frontage abuts on any district other than another Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE).

Interior side
yard setback,
minimum
10 feet 10 feet 10 feet
50 feet when the front street frontage abuts on any district other than another Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE).

Street side yard
setback,
minimum
10 feet 10 feet
Arterial. A minimum yard
of twenty-five (25) feet
shall be required from the
ultimate right-of-way line,
Other streets. A minimum
yard of ten (10) feet shall
be required from the
ultimate right-of-way line,
50 feet when the front street frontage abuts on any district other than another Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE).

Rear yard
setback,
minimum
10 feet 10 feet 10 feet
50 feet when the front street frontage abuts on any district other than another Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE).

City Council/RSA Agenda 593 Tuesday, July 11, 2023
Exhibit A (AT-23-003), Page 16
Table 18.40.050 Development standards—Industrial Districts Standard Industrial District
General Industrial (MG) Light Industrial (ML) Special Industrial (MS) Maximum
height 100 feet
50 feet. This height limit
may be increased to a
maximum of seventy-five
(75) feet where the
decision maker finds that
the increase is necessary
to provide a more
beneficial site layout or
will result in public
benefits/amenities that
could not be achieved
under current zoning
standards.
40 feet. This height limit
may be increased to a
maximum of fifty-five (55)
feet where the decision
maker finds that the
increase is necessary to
provide a more beneficial
site layout or will result in
public benefits/amenities
that could not be achieved
under current zoning
standards.

Landscaping
minimum 10% 10% 15%

18.40.060 Supplemental standards
A. Permitted obstructions in required yards:

1. Roof overhangs as provided in Section 18.24.050.

2. Pedestrian paths.

3. Street access driveways and associated curbing.

4. Parking and loading facilities in side and rear yards not adjoining a street.

5. Signage in conformance with Chapter 18.30.

6. Railroad spur tracks, drill tracks, switches, bumpers, except that such uses shall not be permitted in required yards that adjoin any district other than another Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE).

7. Walls and fences subject to the provision under Section 18.40.060(C).

8. Landscaping and landscape features as provided for in Section 18.40.060(E).

9. Public art.

B. Signage. Signage shall be consistent with Chapter 18.30 and any approved sign plan or planned sign program. Signage shall be designed as an integral element of a building’s architecture and shall be compatible, including color and scale, with the building. A sign plan or planned sign program, consistent with Section 18.30.100, shall be required for any development.

C. Wall and fences

1. In areas outside of the required yards, the maximum height shall be eight (8) feet above the surface of the ground.

City Council/RSA Agenda 594 Tuesday, July 11, 2023
Exhibit A (AT-23-003), Page 17

2. In the required rear and side yard, the maximum height shall be eight (8) feet above the surface of the ground.

3. In the required front yard,
a. the maximum height shall be three (3) feet above the surface of the ground, except that tubular streel fences with a maximum height of eight (8) feet may be allowed but shall be setback at least 20 feet from the property line.

4. In the required street side yard,
a. the maximum height shall be three (3) feet above the surface of the ground, except that tubular streel fences with a maximum height of eight (8) feet may be allowed but shall be setback at least 20 feet from the property line.

5. Where a site adjoins a district other than an Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE), a solid wall, at least six (6) feet in height but not greater than eight (8) feet, shall be provided along the property line adjoining the nonindustrial district. Climbing vines, or similar landscaping, shall be provided along the exterior of the wall. When the wall is located within a required front yard, then said wall shall not exceed three (3) feet in height.

6. When explicitly permitted per Table 18.40.020, Any use not conducted entirely within an enclosed structure, shall be screened by a solid wall, not less than six (6) feet or greater than ten (10) feet in height. No materials or equipment shall be stored to a height greater than that the wall.

7. The design of fences and walls shall aesthetically complement the development, be constructed of high-quality materials, be compatible with neighboring yards, fences and structures, and be subject to review and approval by the city prior to installation.

Acceptable materials along street frontages are deemed to be masonry, concrete, and tubular streel. New walls shall include a landscape strip in front to accommodate climbing vines or other suitable plant material to reduce the susceptibility for graffiti. Wire mesh fencing is permitted along non-street facing property lines. The use of barbed wire, razor wire and cyclone (i.e., chain-link) fencing is prohibited.

D. Employee amenity areas. All new development and additions that expand existing floor area by 25 percent or more, resulting in at least 10,000 square feet of floor area, shall provide an employee area of at least 300 square feet in size. The employee use area shall be identified and improved as passive or active recreational space, or indoor or outdoor amenities for the use and enjoyment of employees.

E. Sidewalks and street frontage improvements. Sidewalks, curbs, and gutters along a site’s frontage(s) shall be maintained to the satisfaction of the City Engineer. All new buildings, additions to buildings which increase existing square footage by fifty percent (50%) or more, or projects that include substantial site modifications, shall provide sidewalks, curbs, and gutters if none already exist. Improvements shall be installed consistent with City standards and specifications.

F. Landscaping
City Council/RSA Agenda 595 Tuesday, July 11, 2023
Exhibit A (AT-23-003), Page 18

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

2. Projects that include development of a vacant site or substantial modification of a developed site, shall provide landscaped areas that meet the minimums as provided for in Table 18.40.050 for the project site area. Projects that cannot provide the minimum amount of required landscaping shall pay a landscape in-lieu fee in the amount set forth in the City’s Master Fee Schedule subject to approval through the Site development review process.

3. All other areas not utilized for structures or paving shall be landscaped unless otherwise authorized by the decision maker because of site constraints, existing or adjacent site conditions, or phased development.

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

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

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

3. Alternate design, screening, or siting may be considered to meet utility provider requirements.

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

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

2. Pedestrian pathways between buildings and parcels;

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

4. Orientation of outdoor public spaces towards activated ground-floor building frontages.

18.40.070 Off-street parking and loading
A. Off-street parking. For each building constructed or use established, off-street parking shall be provided according to the following standards:

City Council/RSA Agenda 596 Tuesday, July 11, 2023
Exhibit A (AT-23-003), Page 19
Table 18.40.070 Off-street parking
Use Minimum off-street parking requirements
Office 1.0 space / 300 square feet
Research and development, laboratory 1.0 space / 500 square feet Manufacturing 1.0 Space / 1000 square feet, and

1.0 Truck/Trailer space / 10,000 square feet
Warehouse, distribution and storage 1.0 Space / 1000 Square feet, and

1.0 Space/ 300 Square feet of at least 25% of the gross floor area of the building and

1.0 Truck/Trailer space / 10,000 square feet
Other uses See Section 18.36.150

1. Flex industrial buildings built without an end user selected and/or on speculation shall provide a minimum of one (1) parking space for each three hundred (300) square feet of the gross floor area for twenty-five percent (25%) of the building in addition to providing parking for the remaining seventy-five percent (75%) of the gross floor area consistent with the standards listed above.

2. All parking areas shall be designed and maintained in accordance with the provisions of Chapter 18.28.

3. In addition to the minimums above, one (1) parking space for each vehicle used in the conduct of the enterprise shall be provided.

4. Off-street parking requirements for other uses shall be provided on the same basis as required for the most similar use or as determined by the decision maker.

5. Truck trailer parking spaces shall have a minimum dimension of twelve (12) feet by fiftyfive (55) feet when parked perpendicular and twelve (12) feet by sixty-five (65) feet when parked parallel.
a. The number of truck trailer parking spaces required by section 18.40.070 may be decreased by the decision maker for a specific use if it is found that such use will not create as great a need for truck trailer parking and that the use is reasonably likely to continue for at least ten (10) years.
b. The number of truck trailer parking spaces required by section 18.40.070 may be increased by the decision maker if it is found that a use will create an additional need for truck trailer parking.

6. When determined necessary by the decision maker to reasonably serve the anticipated use, visitor parking, in addition to the above requirements, shall be provided.

7. Parking structures.

City Council/RSA Agenda 597 Tuesday, July 11, 2023
Exhibit A (AT-23-003), Page 20
a. Parking structure facades shall be designed as compatible visual extensions of the primary buildings.
b. Auto entries shall be located in a manner that minimizes pedestrian/auto conflicts.
c. Decorative screening or other decorative element constructed of durable, highquality materials shall be provided on parking structure facade.

B. Off-street loading: For each building constructed or use established, off-street loading shall be provided according to the following:

1. Loading docks and berths shall be provided adequate to serve the use. Such facilities shall be located to the side and rear of buildings and shall be adequately screened and landscaped so as to not be visible from the public rights-of-way. Truck loading areas and activities shall not conflict with on-site circulation and parking. All truck loading doors and docks shall be screened from view by an architecturally acceptable decorative wall or other acceptable alternative which does not encroach into required landscaped areas.

2. Loading berths. Loading berths shall be a minimum of ten (10) feet wide by twenty-five (25) feet long.

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

Table 18.40.080 Bicycle Parking
Use Short-term bicycle
parking requirements
Long-term bicycle
parking requirements
Retail 1.0 space / 3,000 square feet 1.0 space / 10,000 square feet Office, research and
development, lab

1.0 space/20,000 square feet
Minimum of 2 spaces

1.0 space/ 7,000 square feet
Minimum of 2 spaces
Manufacturing,
warehouse, distribution
and Storage

1.0 space/20,000 square feet
Minimum of 2 spaces

1.0 space/ 7,000 square feet
Minimum of 2 spaces
B. Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080.

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

D. The number of required bicycle parking facilities may be increased by the decision maker for a specific use if it is found that such a use shall create a greater demand for these facilities.

City Council/RSA Agenda 598 Tuesday, July 11, 2023
Exhibit A (AT-23-003), Page 21

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

1. To minimize overall massing building elevation shall incorporate the following:
a. Variations in wall plane, wall height, trim or reveals, entry and window openings, and/or varying colors and materials; and
b. Detailing including elements such as recesses, columns, living walls, score lines, reveals, trellises, lighting, or other features to create shadow patterns and depth on building elevations; and
c. Other elements as required by the decision maker

2. Blank walls should not occupy over thirty percent (30%) of the principal frontage, and a section of blank wall should not exceed twenty (20) linear feet without being interrupted by a variation in wall plane, wall height, trim or reveals, entry and window openings.

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

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

4. A minimum of fifty percent (50%) of the building wall area located within twenty (20) feet of the midpoint of a primary building entrance shall be comprised of transparent windows or openings. Glass is considered transparent where it has a transparency higher than eighty percent (80%) and external reflectance of less than fifteen percent (15%).

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

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

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

3. Other Metal

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

5. Brick, natural clay colors;

6. Stone
City Council/RSA Agenda 599 Tuesday, July 11, 2023
Exhibit A (AT-23-003), Page 22

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

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

9. Ceramic tile

10. Cement plaster

11. Wood.

Chapter 18.43: Use of Hazardous Materials

18.43.010 Purpose.

Other provisions of this chapter and Title 15 notwithstanding, all use of hazardous materials shall be as regulated herein. Hazardous materials are substances which are capable of posing risk to health, safety property or the environment. The hazard potential of a substance is based on its chemical properties, on the quantity of the material at a site, how it is stored and how it is used. The intent of this chapter is to reduce or eliminate hazards to the general public, including sensitive receptors, resulting from the potentially inappropriate location of facilities that use or store hazardous materials.

18.43.020 Standards.

The permitted on-site quantities and uses of hazardous materials shall be as listed in Table 18.43.050.

18.43.030 Hazardous materials classifications.

Hazard categories or classifications are defined in current Fire Code and Appendices for the City of Union City. Additional definitions are based on the definitions in Article I of Chapter 8.35 of the U.S. Department of Transportation (DOT) Code of Federal Regulations (CFR), Title 49, Parts 100 to 177, and in the Hazardous Materials Table, 49 CFR, Part 172.101, and as the foregoing may be amended. Hazardous materials classifications are listed below:

A. Group A representing those materials that pose a higher risk; B. Group B representing those materials that pose a more moderate risk; and C. Group C representing those materials that pose the least risk to health, safety, or property.

For purposes of this chapter, the table and table notes in Section 18.43.050 identify the categories of hazardous materials for each group.

18.43.040 Definition of hazardous materials facilities.

A. Bulk Plant (BP). Hazardous materials at the bulk plant level are manufactured, processed, or packaged but are not used on-site. Materials may be stored in large containers, railcars, tankers, drums, or cylinders. Bulk plant quantities are larger than the amount transported in or out in any single shipment.

B. Bulk Distribution Plant (BD). Hazardous materials at the bulk distribution plant level are collected, repackaged, and/or blended prior to being transported to other facilities. Materials are transported to the site in unpackaged form and are transferred to storage containers by hose, City Council/RSA Agenda 600 Tuesday, July 11, 2023
Exhibit A (AT-23-003), Page 23
pipeline or conveyor belt from railcars, tankers, large containers or drums. Materials are stored until transported out as finished or semi-finished products.

C. Large User Site (LU). Hazardous materials at a large user site are used as part of on-site operations.

Materials are stored and used in various sized containers. Container size will vary depending on the nature of the on-site operations. Hazardous materials are used in processes to obtain finished goods which are not hazardous materials which then may be used on-site or shipped out. On-site storage of hazardous materials exceeds the following quantities: two hundred thousand (200,000) pounds for solids, twenty thousand (20,000) gallons for liquids, and eighty thousand (80,000) cubic feet at STP for compressed gases.

D. Large Storage Plant (LS). Hazardous materials at the large storage plant level are stored until they are distributed to other facilities. On-site storage of hazardous materials exceeds the following quantities: two hundred thousand (200,000) pounds for solids, twenty thousand (20,000) gallons for liquids, and eighty thousand (80,000) cubic feet at STP for compressed gases. Materials are warehoused in closed containers. No transfer of materials from one container to another takes place on-site. Containers may be handled individually, palletized, or unitized for purposes of transportation. Packaging types may include cylinders, drums, boxes or portable tanks.

E. Medium User Site (MU). Hazardous materials at the medium user site are used as part of on-site operations. Materials are stored and used in various sized containers. Container size will vary depending on the nature of the on-site operations. Hazardous materials are used in processes to obtain finished goods which are not hazardous materials which then may be used on-site or shipped out. On-site storage of hazardous materials is between twenty-five thousand (25,000) to two hundred thousand (200,000) pounds for solids, two thousand seven hundred fifty (2,750) to twenty thousand (20,000) gallons for liquids, and ten thousand (10,000) to eighty thousand (80,000) cubic feet at STP for compressed gases.

F. Medium Storage Plant (MS). Hazardous materials at the medium storage plant are stored until they are distributed to other facilities. On-site storage of hazardous materials is between twentyfive thousand (25,000) to two hundred thousand (200,000) pounds for solids, two thousand seven hundred fifty (2,750) to twenty thousand (20,000) gallons for liquids, and ten thousand (10,000) to eighty thousand (80,000) cubic feet at STP for compressed gases. Materials are warehoused in closed containers. No transfer of materials from one container to another takes place on site.

Containers may be handled individually, palletized, or unitized for purposes of transportation.

Packaging types may include cylinders, drums, boxes, or bottles.

G. Small User Site (SU). Hazardous materials at a small user site are used as part of on-site operations.

Materials are stored and used in various sized containers. Container size will vary depending on the nature of the on-site operations. Hazardous materials are used in processes to obtain finished goods which are not hazardous materials which then may be used on-site or shipped out. On-site storage of hazardous materials does not exceed twenty-five thousand (25,000) pounds for solids, two thousand seven hundred fifty (2,750) gallons for liquids, and ten thousand (10,000) cubic feet at STP for compressed gases.

H. Small Storage Plant (SS). Hazardous materials at the small storage plant site are stored until they are distributed to other facilities. On-site storage of hazardous materials does not exceed twentyCity Council/RSA Agenda 601 Tuesday, July 11, 2023 Exhibit A (AT-23-003), Page 24
five thousand (25,000) pounds for solids, two thousand seven hundred fifty (2,750) gallons for liquids, and ten thousand (10,000) cubic feet at STP for compressed gases. Materials are warehoused in closed containers. No transfer of materials from one container to another shall take place on-site. Containers may be handled individually, palletized, or unitized for purposes of transportation. Packaging types may include cylinders, drums, boxes, or bottles.

18.43.045 Quantity range definitions.

Range
Number
Range Amounts

1. Up to and including 500 pounds for solids, 55 gallons for liquids and 200 cubic feet at NTP for compressed gases.

2. Between 500 and 5,000 pounds for solids, 55 and 550 gallons for liquids and 200 to 2,000 cubic feet at NTP for compressed gases.

3. Between 5,000 and 25,000 pounds for solids, 550 and 2,750 gallons for liquids and 2,000 to 10,000 cubic feet at NTP for compressed gases.

4. Between 25,000 and 50,000 pounds for solids, 2,750 and 5,500 gallons for liquids and 10,000 to 20,000 cubic feet at NTP for compressed gases.

5. More than 50,000 pounds for solids, 5,500 gallons for liquids and 20,000 cubic feet at NTP for compressed gases.

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

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

Table 18.43.050 Use table for on-site storage of hazardous materials Type of Facility
Zoning District

MG ML MS SEE CMUE
Group A chemicals and materials*: Class 3 and 4 oxidizers, compressed gases (corrosive, highly toxic, toxic, pyrophoric, unstable), cryogens (highly toxic, toxic, corrosive, pyrophoric, unstable), explosives and blasting agents, germ cell mutagenicity materials, highly toxic materials, materials that in contact with water emit flammable gas, organic peroxides (unclassified, Class I and Class II), pyrophoric materials, radioactive materials (gamma emitters), self-heating materials, self-reactive materials, unstables/reactives (Class 3 and Class 4), water reactive materials (Class 3) Bulk Plant - - - - -
City Council/RSA Agenda 602 Tuesday, July 11, 2023
Exhibit A (AT-23-003), Page 25
Table 18.43.050 Use table for on-site storage of hazardous materials Type of Facility
Zoning District

MG ML MS SEE CMUE
Bulk Distribution - - - - -
Large User Site UP UP UP UP UP
Large Storage Plant UP UP UP UP UP
Medium User Site UP UP UP UP UP
Medium Storage Plant UP UP UP UP UP
Small User Site AUP AUP AUP AUP AUP
Small Storage Plant AUP AUP AUP AUP AUP
Group B chemicals and materials*: Carcenogenic materials, combustible dust, compressed gases (flammable and oxidizing), corrosive liquids and solids, cryogens (flammable and oxidizing), flammable liquids, flammable solids, organic peroxide materials (Class III, Class IV, Class V), oxidizing materials (Class 1 and Class 2), radioactive materials (alpha and beta emitters), reproductive toxicity materials, target organ toxins, toxic materials, unstable/reactive materials (Class 1 and Class 2), water reactive materials (Class 1 and Class 2)
Bulk Plant - - - - -
Bulk Distribution - - - - -
Large User Site UP UP UP UP UP
Large Storage Plant UP UP UP UP UP
Medium User Site P P AUP AUP AUP
Medium Storage Plant P P AUP AUP AUP
Small User Site P P P P P
Small Storage Plant P P P P P
Group C chemicals and materials*: combustible liquids and solids, compressed gases (inerts), cryogens (inerts), irritant materials, materials identified as hazard not otherwise classified, and sensitizer materials.

Bulk Plant - - - - -
Bulk Distribution UP - - - -
City Council/RSA Agenda 603 Tuesday, July 11, 2023
Exhibit A (AT-23-003), Page 26
Table 18.43.050 Use table for on-site storage of hazardous materials Type of Facility
Zoning District

MG ML MS SEE CMUE
Large User Site UP UP UP UP UP
Large Storage Plant UP UP UP UP UP
Medium User Site P P P P P
Medium Storage Plant P P P P P
Small User Site P P P P P
Small Storage Plant P P P P P
* All chemical and material types listed above are included for reference purposes only. Final determination of hazard classification will be made by the Environmental Programs Division.

A. Table notes.

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

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

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

4. The following exemptions from the requirements of this chapter shall apply:
a. Storage, use or handling of the following gases in any quantities, whether in a gaseous, liquefied or cryogenic physical state: air (non-enriched), argon, helium, krypton, neon, nitrogen, and xenon. This exemption does not apply to bulk plants or bulk distribution plants.
b. Storage, use or handling of hazardous materials in quantities less than fifty-five (55) gallons, five hundred (500) pounds, and two hundred (200) cubic feet, for liquids, solids City Council/RSA Agenda 604 Tuesday, July 11, 2023
Exhibit A (AT-23-003), Page 27
and gases respectively. This exemption does not apply to acutely hazardous materials and extremely hazardous substances, as defined in the Code of Federal Regulations and the California Health and Safety Code, which may require a CUPA permit from the Environmental Programs Division or preparation of a Risk Management Plan. c. Radioactive materials that are licensed, sealed sources, used for instruments, calibration devices and similar equipment, and materials exempted from regulation by the United States Nuclear Regulatory Commission.
d. On-site retail sales of common household hazardous materials in containers sized and packaged for use by the general public.

5. Ammonia refrigeration systems are subject to the provisions of this chapter.

B. Table qualifiers. In addition to the regulations set forth in this chapter, all storage and use of hazardous materials must be in conformance with the provisions of Federal, State, and local laws and regulations, Uniform Codes and referenced standards, as may be amended.

Chapter 18.76 Site Development Review

18.76.010 Purpose.

Site development review is intended to promote orderly, attractive and harmonious development and the stability of land values and investments and the general welfare, by preventing the establishment of uses or the erection or maintenance of structures having unsightly, undesirable or obnoxious qualities which are not properly related to their sites, surroundings and traffic circulation in the vicinity, or which would not meet the specific intent clauses or performance standard requirement of the zoning title.

18.76.020 Applicability.

A. The site development review procedure shall apply to all proposed projects in all districts established under Title 18: Zoning.

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

C. The site development review procedure shall not apply to City projects on City-owned properties.

18.76.030 Application, fees and exhibits.

A. An application for a site development review shall be made to the Planning Commission on a form prescribed by the Director which shall include the following data:

1. Name and address of the applicant;

2. Statement that the applicant is the owner of the property or is the authorized agent of the owner;

3. Address or description of the property;
City Council/RSA Agenda 605 Tuesday, July 11, 2023
Exhibit A (AT-23-003), Page 28

4. Statement indicating the precise manner of compliance with each of the applicable provisions of this title together with any other data pertinent to the findings prerequisite to the granting of a site development review prescribed in this chapter; B. The application shall be accompanied by the items identified in the Formal Application Checklist as prescribed by the Director.

C. The application shall be accompanied by a fee in an amount established by resolution of the City Council.

D. All applications for site development review shall be filed through the Director for review and approval or disapproval by the Planning Commission prior to the issuance of any building permits.

18.76.040 Investigation.

The Director, upon receipt of an application for site development review, shall make such investigations as are necessary to determine whether or not the proposed use or structure conforms or may be conditioned to conform fully to the regulations for the district as herein set forth.

Such investigations shall include reports, upon referral, to other departments of the City, and any other public agency or district concerned.

If, in the opinion of the Director, the proposed use may cause the emission of dangerous or objectionable noise, odors, lights, dust, smoke or vibrations, the Director, with the consent of the applicant, may refer the application for investigation and report to one or more expert consultant(s) who shall report in writing to the Director and a copy of such report shall be furnished to the applicant. The applicant shall be required to pay the fee for services of the consultant(s).

At the conclusion of such investigation, the Director shall prepare a report thereon which shall be submitted to the Planning Commission.

18.76.045 Findings for approval.

A. All of the following findings are required for approval of a site development review:

1. Approval of this application is consistent with the General Plan and any applicable specific plans;

2. Approval of this application is consistent with the purposes of this title and the requirements of the district in which the site is located;

3. Approval of this application is consistent with the purpose of site development review as outlined in Section 18.76.010.

B. A site development review may be revocable and may be granted subject to such conditions as are necessary to support the above findings.

C. The above findings are also required for any approval on appeal, or approval of a modification to a site development review.

City Council/RSA Agenda 606 Tuesday, July 11, 2023
Exhibit A (AT-23-003), Page 29

18.76.050 Planning Commission public hearing—Notice.

The Planning Commission shall hold a public hearing for any application for a site development review permit. Notice of the public hearing shall be given pursuant to Section 18.52.082.

18.76.080 Planning Commission decision and appeals.

A. The Planning Commission may grant an application for a site development review as applied for or in modified form, if on the basis of the application and the evidence submitted, the Commission finds that the application complies with the findings set forth in Section 18.76.045. The Planning Commission may adopt additional conditions of approval as the facts warrant.

B. The Planning Commission may deny an application for site development review.

C. Decisions of the Planning Commission and appeals of such decisions shall be made in accordance with the provisions of Section 18.52.088.

18.76.095 Site development review modifications.

Applications to modify any site development review approval or any condition of approval shall be subject to the same procedures and regulations as those applicable to the original application.

In the event a site development review application is approved on property previously affected by a site development review approval, the previous approval and its conditions shall be null and void.

18.76.100 Site development review approval expiration.

A site development review approval shall be valid for one (1) year following the date on which the application became effective. The approval shall become null and void unless prior to the expiration of the year a building permit is issued by the Building Department and construction is commenced and diligently pursued toward completion on the site which was the subject of the site development review application or a certificate of occupancy is issued by the Building Department for the site or structure which was the subject of the site development review application. The phrase “construction is commenced” shall be defined for the purposes of this provision to mean the progress of actual building activity on the site in accordance with a valid building permit to a point such that the first inspection under the Uniform Building Code has been completed, including but not necessarily limited to the inspection of installed footings, reinforced steel, utility, plumbing, and electrical conduits and/or services and all other work or activity customarily and typically inspected prior to the first pouring of foundation concrete.

Completion of only site preparation activities such as site clearance, grading or excavation without commencement of actual building activity shall not constitute commencement of construction.

In the case where site development review approval was granted either concurrently with, or subsequently consistent with, an approved residential tentative map, the site development review approval shall be valid through the duration of the tentative map, as specified by Section 66452.6 of the California State Subdivision Map Act.

18.76.105 Site development review extension.

A. A site development review approval may be extended for an additional period of time not to exceed one (1) year no more than two (2) times. Each such request for extension must be submitted in writing City Council/RSA Agenda 607 Tuesday, July 11, 2023
Exhibit A (AT-23-003), Page 30
to the Zoning Administrator prior to the expiration date of the site development review approval. The request for extension shall be accompanied by a fee in an amount established by resolution of the City Council. The Zoning Administrator may grant or deny an application for extension of a site development review approval. The Zoning Administrator may grant an extension if he or she finds that there has been no substantial change in the facts or circumstances present when the original application was approved.

B. Upon expiration of the site development review extension, the project shall be deemed to be expired and shall become null and void. Upon expiration, approval of a new site development review application shall be required prior to commencing with the project.

18.76.110 New application.

Following the denial of a site development review application, no application for the same or substantially the same project on the same or substantially the same site shall be filed within one (1) year from the date of denial of the application.

City Council/RSA Agenda 608 Tuesday, July 11, 2023

EXHIBIT B
Chapter 18.08 DEFINITIONS

18.08.045 Automobile rental.
“Automobile rental” means a facility engaged in the rental and leasing of new and used automobiles, trucks, trailers, motorcycles, mopeds, and recreation vehicles and supplies, including storage of said vehicles.

18.08.047 Automobile sales.
“Automobile sales” means a facility engaged in the retail sales and services of new automobiles, trucks, trailers, motorcycles, mopeds, and recreation vehicles and supplies. Accessory sales of used automobiles, trucks, trailers, motorcycles, mopeds, and recreation vehicles may be permitted.

18.08.060 Automobile wrecking yard.

See “salvage yard” definition.

18.08.073 Bank and financial institutions.
“Bank and financial institutions” means an establishment which provides services to meet the financial needs of its customers (i.e., checking account services, mortgage broker services, etc.). This use does not include check cashing businesses as defined in Section 18.08.168 or payday loan facility as defined in Section 18.08.486.

18.08.073 074 Bar.
“Bar” means a business where alcoholic beverages (including beer, wine, liquor, and mixed drinks) are sold for on-site consumption as a primary use, which is not part of a larger full service/sit down restaurant.

Includes taverns, wine bars, pubs, lounges, and similar establishments where any food service is subordinate to the sale of alcoholic beverages.

18.08.074 075 Bed and breakfast establishment.
“Bed and breakfast establishment” means a building of residential character containing no more than five (5) sleeping units for rent by tourists on a temporary basis not to exceed a stay exceeding fourteen (14) calendar days in any month. A bed and breakfast establishment may also serve meals to guests as part of the guest fee and shall provide for a resident-manager.

18.08.075 076 Bicycle parking facility.

A “bicycle parking facility” is a device that is used to securely store bicycles. A bicycle parking facility can either be a bicycle locker or rack designed and installed in conformance with the design criteria listed in Section 18.28.080 or 18.28.090.

18.08.076 077 Bingo games.

City Council/RSA Agenda 609 Tuesday, July 11, 2023
AT-23-003 (Redlines)
Exhibit B, Page 2
“Bingo games” means the establishment of a game of chance open to the public in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random in accordance with Section 326.5 of the California State Penal Code and Chapter 5.32 of the Union City Municipal Code. For the purposes of the zoning ordinance, bingo games shall include conduct of such games as either the primary use of land or as a use that is accessory to a primary use of land.

18.08.077 078 Biotechnology.
“Biotechnology” is the industrial use of living organisms (or parts of living organisms) in applications in medicine, agriculture, or other products. Biotechnology can include fermentation and plant and animal hybridization, which may include animal testing, protein separation technologies, and genomics and combinational chemistry.

18.08.156 Business services.
“Business services” means a facility that provides support services for businesses or the public for a fee.

These services include copying, printing, mailing, design, data processing and sign shops, etc.

18.08.175 Conference center.

A “Conference center” means a facility for conventions, conferences, trade shows, festivals, and other events held within a facility designed and approved for this purpose.

18.08.176 Construction equipment sales and rental.
“Construction equipment sales and rental” means a facility which provides construction equipment and related commodities to the public for sale or rental, and accessory servicing of that equipment.

18.08.177 Contractor services.
“Contractor services” means a facility providing general contracting and/or building construction services, including general building, plumbing, electrical, air conditioning, carpentry, and other trade contractors.

18.08.175 178 Convenience market.
“Convenience market” means an activity that includes the retail sale of food, beverages, and personal convenience items, primarily for off-premises consumption and typically found in establishments with long or late hours of operation and in a building of less than three thousand (3,000) square feet.

Convenience markets may sell beer and wine but shall be considered liquor stores if hard liquor is sold on site. Excluded from this definition are delicatessens, specialty food shops, and establishments which have a sizeable assortment of fresh fruits and vegetables and fresh cut meat.

18.08.190 Director.
“Director” means Economic and Community Development Director. The Director is the executive head of the Office of Economic and Community Development Department appointed by the City Manager to administer the zoning title. The Director also functions as the “Zoning Administrator.”

18.08.246 Engineering and design services.

City Council/RSA Agenda 610 Tuesday, July 11, 2023
AT-23-003 (Redlines)
Exhibit B, Page 3
“Engineering and design services” means an establishment primarily engaged in engineering and drafting services including architectural services. Usually includes office and drafting equipment, including blueprint machines.

18.08.266 Food Truck.

A ‘Food Truck” means any motorized vehicle or trailer used as a mobile vending vehicle that sells food or beverages in the operation of a business.

18.08.266 267 Gas station marketeer.

A “gas station marketeer” is:

A. An enclosed area located on a gasoline service station site, where merchandise that is not considered accessory to the normal operation and maintenance of automobiles is sold. This merchandise includes convenience food items such as sodas, nonalcoholic beverages, chips, cookies, ice cream, and other snack items and also nonfood items.

B. Additionally, the use of refrigerated display cases to which the general public has access constitutes a marketeer. However, a service station may have up to four (4) coin-operated vending machines and may sell cigarettes over the counter only without being considered a marketeer.

18.08.291 Incubator Space
“Incubator Space” means a facility managed by a third-party that helps startup companies and individual entrepreneurs develop their businesses by providing services such as mentorship and advice, office or lab space, access to investors or capital, equipment, networking and learning opportunities.

18.08.396 Maker space.
“Maker space” means a facility where shared manufacturing tools, such as 3-D printers, laser cutters, and traditional arts and crafts supplies, are used for the fabrication, of physical products and not for mass production.

18.08.401 Manufacturing and assembly.
“Manufacturing and assembly” means a use that is principally devoted to manufacturing processes and may include accessory research and development, administrative, and warehousing activities.

18.08402. Manufacturing process.
“Manufacturing process” means the fabrication, processing, assembly, or blending of organic or inorganic materials and/or substances into new products.

18.08.403 Media production studio.
“Media production studio” means a facility for the production of motion pictures, television, video, sound, graphics and other communications. Accessory uses include incidental rehearsal and broadcasting uses; however, use does not include transmission towers. This may also include incidental office use, retail sales, and indoor storage of equipment related to the recording uses.

18.08.486 Payday loan facility.

City Council/RSA Agenda 611 Tuesday, July 11, 2023
AT-23-003 (Redlines)
Exhibit B, Page 4
“Payday loan facility” means a facility primarily engaged in the business of advancing funds to customers in situations where the customer uses their entitlement to a future paycheck from some other source as collateral for the loan, and for which the customer pays a fee (percentage or otherwise) for the advancement.

18.08.487 Personal services.
“Personal services” means a use providing services of a personal convenience including beauty salons, barber shops, dressmaking/tailoring, hair removal, nail salons, photographic and portrait studios, shoe repair shops, travel agency, and similar uses. Excluded from this definition are massage, check cashing, and any other personal service type use specifically listed within district regulations.

18.08.520 Salvage yard.

A “salvage yard” includes automobile wrecking yards and includes any area of more than two hundred (200) square feet for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.

CHAPTER 18.36 COMMERCIAL DISTRICTS

18.36.050 Required conditions.

H. Other provisions of this chapter notwithstanding, all storage, handling or other use of hazardous materials shall be subject to the provisions of Sections 18.40.410 through 18.40.450Chapter 18.43 of this title.

Chapter 18.40 is repealed and replaced in its entirety.

CHAPTER 18.40 INDUSTRIAL DISTRICTS

18.40.010 Purpose
The Industrial Districts are as follows:

General Industrial (MG): The purpose of the MG District is to provide space for a broad range of light to heavy industrial uses, including manufacturing, transportation, warehousing, and distribution uses. It is applied where unsightliness, noise, odor, traffic, and the hazards associated with certain industrial uses will not impact residential, commercial, schools, other less intense use areas.

Light Industrial (ML): The purpose of the ML District is to provide space for light manufacturing, assembly, and distribution of manufactured products, R&D facilities, industrial supply, incidental warehousing, offices, parking, and supportive sales, which evidence no or very low nuisance characteristics. The ML District promotes high quality industrial and office park developments. The district applies to areas where nuisance characteristics of noise, odor, traffic generation, unsightliness, or hazardous materials manufacturing or storage are undesirable. Performance standards are applied to ensure minimum potential for adverse effects, that any unavoidable adverse effects are contained on-site, and that the general objective of a high standard of property and use maintenance is met.

City Council/RSA Agenda 612 Tuesday, July 11, 2023
AT-23-003 (Redlines)
Exhibit B, Page 5
Special Industrial (MS): The purpose of the MS District is to provide space for lightest industrial operations, including limited manufacturing, assembly, distribution of manufactured products, R&D facilities, incidental industrial supply, incidental warehousing, offices, and supportive sales, as well as limited commercial uses along major arterials. The MS District promotes high quality industrial and office park developments. The district applies to areas where nuisance characteristics of noise, odor, traffic generation, unsightliness or hazardous materials storage or handling are avoided, and almost all uses will be conducted entirely within enclosed buildings.

18.40.020 Land use regulations—Industrial Districts
Table 18.40.020 Land use regulations—Industrial Districts sets the land use regulations for the Industrial Districts by letter designation as follows unless a use or activity is prohibited or subject to a higher level of permit pursuant to other parts of this Section, other requirements of the Union City Municipal Code, or other applicable regulations:
"P" designates permitted uses.
"AUP" designates uses that are permitted subject to approval of an Administrative Use Permit (Chapter 18.54).
"UP" designates uses that are permitted subject to approval of a Conditional Use Permit (Chapter 18.56).
"-" designates uses that are not allowed.

Any other use determined by the decision maker to be essentially the same or very similar to the uses in in Table 18.40.020 may be permitted. In making this determination, the findings required under Section

18.52.060 shall be addressed. Land uses defined in the Union City Municipal Code and not listed in the table or not found to be substantially similar to the uses below are prohibited. Unless otherwise explicitly stated, all uses shall be conducted within a permanent building.

Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes

ASSEMBLY, EDUCATION AND RECREATION
Conference center - - UP
Fitness and recreational
facilities - - UP
Hotel - UP UP
Including accessory
commercial and business
services uses
Professional trade schools
and colleges - - UP Limited to programs serving persons 18 years or older

AUTOMOBILE
Automobile rentals - P P
Automobile repair and service - UP -
Including auto body and paint
shops
City Council/RSA Agenda 613 Tuesday, July 11, 2023
AT-23-003 (Redlines)
Exhibit B, Page 6
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Automobile sales of new
vehicles - - UP Accessory used vehicles sales and service uses permitted Service stations - UP -
Subject to the following
conditions:

1. All operations except the
sale of fuel and oil shall be
conducted in a building
enclosed on at least three (3)
sides

2. Pump Island shall be
located not closer than twenty
(20) feet to any property line

3. No sale of alcoholic
beverages or food products

4. No service station
marketeer

COMMERCIAL SERVICES
Banks and financial
institutions - - UP
Business services - P UP
Child day care center - - UP
When conducted as an integral
part of a main building or on a
proximate site/campus and
where the parent(s) or
guardian(s) of children using
such facility remain on site, or
on a proximate site
Food service - - UP Excluding Drive-through uses
Live music (non-amplified) - - AUP
At food service uses and
subject to the provisions of
Section 18.36.195(A)
Outdoor dining areas - - AUP
At food service uses and
subject to the provisions listed
in Section 18.36.190
Food truck P P -
On private property, with
property owner permission
and up to 2 hours
INDUSTRIAL – MANUFACTURING AND ASSEMBLY
Building martials and products
Manufacturing and assembly
of prefabricated structures P P -
City Council/RSA Agenda 614 Tuesday, July 11, 2023
AT-23-003 (Redlines)
Exhibit B, Page 7
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Manufacturing and assembly
of porcelain and ceramic
products including bathroom
and kitchen fixtures and
equipment
P P -
Kilns shall be fired only by gas
or electricity
Manufacturing and assembly
of building paper and building
board
P - -
Manufacturing and assembly
of building materials not
elsewhere listed in this table.

UP UP -
Chemicals and allied products manufacturing
Manufacturing of candle and
paraffin products P UP UP Excluding the rendering of products Manufacturing and assembly
of pharmaceuticals and
products from the life
sciences and biotechnology
industries
P P P
Manufacturing of soap,
detergents, and cleaning
preparations
P UP -
Excluding the refining or
rendering of fats and oils
Manufacturing of perfumes,
cosmetics, and other toiletries
preparations
P UP -
Excluding the refining or
rendering of fats and oils
Manufacturing and assembly
of plastic and rubber
products,
P UP UP Excluding tire manufacturing
Electronic, mechanical, and scientific equipment
Manufacturing, assembly, and
repair of electrical and neon
signs including billboards and
commercial advertising
structures
P P -
Manufacturing and assembly
of scientific instruments and
devices, computer hardware
and software,
semiconductors, and
computer chips
P P P
Manufacturing and assembly
of medical equipment P P P
City Council/RSA Agenda 615 Tuesday, July 11, 2023
AT-23-003 (Redlines)
Exhibit B, Page 8
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Manufacturing and assembly
of, optical goods, watches and
clocks, musical instruments
and camera and photographic
equipment
P P P
Manufacturing and assembly
of machinery, appliances and
fixtures
P UP -
Fabricated metal products
Finishing and plating of metal
products - UP -
Machine shops P P UP
Excluding the use of drop
hammers or punch presses
with a rated capacity of over
twenty (20) tons
Manufacturing and assembly
of fabricated metal products
not elsewhere listed in this
table
P P -
Manufacturing and assembly
of Transportation Equipment SEE BELOW
Assembly of bicycles P P P
Assembly of mass transit
equipment P UP -
Manufacturing and
assembly of motor
vehicles, trailers,
motorcycles, and
associated parts and
equipment not elsewhere
listed in this table
P UP -
Manufacturing and
assembly of mass transit
equipment
P - -
Manufacturing and assembly
of products from previous
prepared materials such as
precious or semi-precious
metal

P UP UP
City Council/RSA Agenda 616 Tuesday, July 11, 2023
AT-23-003 (Redlines)
Exhibit B, Page 9
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Manufacturing and assembly
of structural steel iron and
pipe including bars, girders,
and rails
P - -
Food and kindred products
Breweries, distilleries, and
wineries P P AUP
On-site tasting rooms for
Breweries, distilleries, and
wineries
- AUP AUP
Including accessory food
service. Outdoor dining areas
subject to the provisions listed
in Section 18.36.190
Indoor farming and
cultivation P P -
Excluding the cultivation of
cannabis or other controlled
substances
Manufacturing and bottling of
Beverages P P Including soft drinks and water
Manufacturing and packing of
bread, bakery, confectionery
and related products
P P -
Manufacturing and packing of
food products P P P
Excluding production of fish or
meat products, sauerkraut,
vinegar or the like, or the
rendering or refining of fats,
oils
Manufacturing and packing of
food products P P -
Including processes such as
baking, cooking, roasting,
pasteurization and extraction
Processing and packing of
Dairy products P - -
Processing and packing of
Meat products UP - - Excluding slaughtering
Sugar refining P - -
Furniture and fixtures
Manufacturing and assembly
of Cabinets
P P P
Manufacturing and assembly
of Household and office
furniture, and fixtures
P P -
Leather and allied products
City Council/RSA Agenda 617 Tuesday, July 11, 2023
AT-23-003 (Redlines)
Exhibit B, Page 10
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Manufacturing and assembly
of leather products and
associated dyeing
P UP - Excluding tanning and curing
Lumber and wood products
Lumber yards UP* UP -
*Outdoor operations only
permitted in the MG Zoning
District
Manufacturing and assembly
of wooden and cork products,
not elsewhere listed in this
table
P P -
Sawmills UP - -
Paper, printing, publishing, and allied industries
Manufacturing and assembly
of paper and pulp goods not
listed elsewhere in this table
P UP -
Publishing, printing, and
binding of newspapers,
periodicals, books, cards,
forms, blank books and
circulars
P P UP
Stone, clay, and glass products
Gravel, rock and cement yards UP - -
Including batch plans, and
outdoor operations
Fabrication of concrete
products P UP - Excluding batch plants
Manufacturing and assembly
of artisan products P P P Including glass, tile and clay Manufacturing and assembly
of glass and pottery products P P -
Kilns shall be fired only by gas
or electricity
Manufacturing and assembly,
including cutting, polishing,
and setting of jewelry
products and products from
precious or semi-precious
stone
P P P
Textile mill products
City Council/RSA Agenda 618 Tuesday, July 11, 2023
AT-23-003 (Redlines)
Exhibit B, Page 11
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Manufacturing and assembly
of textile products including
apparel, not elsewhere listed
in this table
P* P* P
*Accessory dyeing and
finishing only Permitted in the
MG and ML Zoning Districts

INDUSTRIAL - WAREHOUSE, WHOLESALE AND DISTRIBUTION
Cold Storage uses that do not
exceed 100,000 square feet UP UP -
Warehouse, wholesale and
distribution uses within
buildings which were built, or
approved by the Economic
and Community Development
Department, prior to August
22, 1996
- P -
Warehouse, wholesale and
distribution uses up to
twenty-five (25,000) within
buildings built since August
22, 1996
- P -
Warehouse, wholesale and
distribution uses over 25,000
square feet within buildings
built since August 22, 1996;
provided, that they either: (1)
generate sales tax revenues
as a point of sale, and/or (2)
Supports an existing Union
City manufacturing or
assembly use with a valid
business license
- AUP -
Warehouse, wholesale, and
distribution uses that do not
exceed then thousand
(10,000) square feet
- - P
City Council/RSA Agenda 619 Tuesday, July 11, 2023
AT-23-003 (Redlines)
Exhibit B, Page 12
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Warehouse, wholesale, and
distribution uses that do not
exceed twenty-five thousand
(25,000) square feet;
provided, that they either
serve as a point of sale for
taxable goods and/or
supports an existing Union
City manufacturing or
assembly use with a valid
businesses license
- - P

INDUSTRIAL SERVICES
Construction equipment sales
and rentals - P P
Construction equipment
sales and rentals with
accessory service and/or
outdoor storage
- AUP -
Contractor services P P P
Contractor services with
accessory outdoor storage
of equipment or supplies

UP UP -
Incubator spaces AUP AUP
Maker space P P P
Media production studios P P P
Painting, enameling,
lacquering, welding, and
sandblasting shops

UP UP -
Printing, lithographing, and
engraving P P P

OFFICE/LABORATORY/RESEARCH AND DEVELOPMENT
Administrative, executive,
financial and professional
offices
P P UP Excluding medical offices
Engineering and design
services and related facilities P P P
Medical offices - - UP
City Council/RSA Agenda 620 Tuesday, July 11, 2023
AT-23-003 (Redlines)
Exhibit B, Page 13
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Research and development
services and related facilities P P P
Including life sciences, medical
and pharmaceutical research,
electronics, and computer
science
Veterinarian offices and small
animal hospitals - P UP
Including short-term overnight
boarding of animals for
medical purposes.

RETAIL
Commercial cannabis use - P P
Subject to the zoning
requirements of Chapter

18.117 and the licensure and
regulatory requirements of
Chapter 5.44
Retail catalog and mail order
houses with warehouse and
distribution center that serve
as a point of sales
P P P
Retail sales of office or
business products, specialty
electronics, household
furnishings, appliances, etc
- - P
Retail sale of goods which are
manufactured, processed or
assembled (improved or
developed to a higher use by
machine or by hand) on the
premises
P P P
Retail stores incidental to and
on the same site with a
permitted or conditionally
permitted use
- P P

UTILITIES AND WASTE FACILITIES
Cogeneration plants UP - -
Public utilities, power
stations, electric substations,
service groups, and storage
tanks
P P P
Provided they are fenced and
landscaped
City Council/RSA Agenda 621 Tuesday, July 11, 2023
AT-23-003 (Redlines)
Exhibit B, Page 14
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Recycling facilities with
accessory outdoor dropoff/sorting and storage of
equipment

UP UP -
Excluding any operations
which entail the recycling of
hazardous materials

MISCELLANEOUS USES
Civic facilities P P P
Industrial planned unit
development UP UP UP Consistent with the requirements of Chapter 18.44

18.40.030 Accessory uses
A. Accessory structures and uses customarily incidental to any of the permitted uses listed in Table

18.40.020 when located on the same lot are permitted.

B. Accessory structures and uses customarily incidental to any of the conditional uses listed in Table

18.40.020 when located on the same lot are permitted only upon the granting of a conditional use permit pursuant to the provisions of Chapter 18.56.

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

D. Accessory structures and uses shall be located within the area of the lot allowed for principal structures and uses and shall conform to the required front, side and rear yard setbacks.

18.40.040 Performance standards
A. New or substantially modified industrial buildings shall be designed to limit warehouse, wholesale and distribution activities to a maximum of seventy-five percent (75%) of the gross floor area of the building with the remaining floor area used for assembly, manufacturing, research and development, sales, showrooms or office uses. This requirement can be waived by the decision maker if it can be found that the new or modified building will further the goals and policies of the Economic Development Element of the City’s General Plan.

B. No use shall be permitted which creates odors, noise, vibration, heat, glare, or electrical disturbance detectable by the human senses without the aid of instruments, beyond the boundaries of the site. However, such uses may be approved by the decision maker, if they specifically find that the use will not result in substandard conditions or otherwise have a detrimental effect on the surrounding properties.

C. Site shall be maintained in good order at all times and consistent with project conditions of approval (if applicable). This shall include, but not be limited to, maintenance and repair of all onsite structures including building façade materials or paint, fencing/walls, signage, paved areas City Council/RSA Agenda 622 Tuesday, July 11, 2023
AT-23-003 (Redlines)
Exhibit B, Page 15
including sidewalks and driveways, and landscaping, as may be necessary to preserve a highquality aesthetic for the area.

D. All uses shall comply with the regulations pertaining to hazardous materials contained in Chapter 18.43.

E. Additions and modifications to industrial developments shall be designed to integrate with the existing development and shall be consistent with the standards included in Section 18.40.090.

F. All development shall comply with Chapter 7.04 related to management of solid waste, organic waste, and recyclable materials and shall be enclosed within the building or within an enclosure meeting the requirements of Section 7.04.55.

18.40.050 Development standards.

A. Table 18.40.050, Development standards—Industrial Districts, prescribes the development standards for Industrial Districts.

Table 18.40.050 Development standards—Industrial Districts Standard Industrial District
General Industrial (MG) Light Industrial (ML) Special Industrial (MS) Site area,
minimum One acre 20,000 Square feet 20,000 Square feet
Lot coverage,
maximum 75% 60% 60%
FAR, maximum .75 1.0 1.0
Front Yard
setback,
minimum
25 feet 25 feet 25 feet
50 feet when the front street frontage abuts on any district other than another Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE).

Interior side
yard setback,
minimum
10 feet 10 feet 10 feet
50 feet when the front street frontage abuts on any district other than another Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE).

Street side yard
setback,
minimum
10 feet 10 feet
Arterial. A minimum yard
of twenty-five (25) feet
shall be required from the
ultimate right-of-way line,
Other streets. A minimum
yard of ten (10) feet shall
be required from the
ultimate right-of-way line,
50 feet when the front street frontage abuts on any district other than another Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE).

Rear yard
setback,
minimum
10 feet 10 feet 10 feet
50 feet when the front street frontage abuts on any district other than another Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE).

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Table 18.40.050 Development standards—Industrial Districts Standard Industrial District
General Industrial (MG) Light Industrial (ML) Special Industrial (MS) Maximum
height 100 feet
50 feet. This height limit
may be increased to a
maximum of seventy-five
(75) feet where the
decision maker finds that
the increase is necessary
to provide a more
beneficial site layout or
will result in public
benefits/amenities that
could not be achieved
under current zoning
standards.
40 feet. This height limit
may be increased to a
maximum of fifty-five (55)
feet where the decision
maker finds that the
increase is necessary to
provide a more beneficial
site layout or will result in
public benefits/amenities
that could not be achieved
under current zoning
standards.

Landscaping
minimum 10% 10% 15%

18.40.060 Supplemental standards
A. Permitted obstructions in required yards:

1. Roof overhangs as provided in Section 18.24.050.

2. Pedestrian paths.

3. Street access driveways and associated curbing.

4. Parking and loading facilities in side and rear yards not adjoining a street.

5. Signage in conformance with Chapter 18.30.

6. Railroad spur tracks, drill tracks, switches, bumpers, except that such uses shall not be permitted in required yards that adjoin any district other than another Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE).

7. Walls and fences subject to the provision under Section 18.40.060(C).

8. Landscaping and landscape features as provided for in Section 18.40.060(E).

9. Public art.

B. Signage. Signage shall be consistent with Chapter 18.30 and any approved sign plan or planned sign program. Signage shall be designed as an integral element of a building’s architecture and shall be compatible, including color and scale, with the building. A sign plan or planned sign program, consistent with Section 18.30.100, shall be required for any development.

C. Wall and fences

1. In areas outside of the required yards, the maximum height shall be eight (8) feet above the surface of the ground.

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2. In the required rear and side yard, the maximum height shall be eight (8) feet above the surface of the ground.

3. In the required front yard,
a. the maximum height shall be three (3) feet above the surface of the ground, except that tubular streel fences with a maximum height of eight (8) feet may be allowed but shall be setback at least 20 feet from the property line.

4. In the required street side yard,
a. the maximum height shall be three (3) feet above the surface of the ground, except that tubular streel fences with a maximum height of eight (8) feet may be allowed but shall be setback at least 20 feet from the property line.

5. Where a site adjoins a district other than an Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE), a solid wall, at least six (6) feet in height but not greater than eight (8) feet, shall be provided along the property line adjoining the nonindustrial district. Climbing vines, or similar landscaping, shall be provided along the exterior of the wall. When the wall is located within a required front yard, then said wall shall not exceed three (3) feet in height.

6. When explicitly permitted per Table 18.40.020, Any use not conducted entirely within an enclosed structure, shall be screened by a solid wall, not less than six (6) feet or greater than ten (10) feet in height. No materials or equipment shall be stored to a height greater than that the wall.

7. The design of fences and walls shall aesthetically complement the development, be constructed of high-quality materials, be compatible with neighboring yards, fences and structures, and be subject to review and approval by the city prior to installation.

Acceptable materials along street frontages are deemed to be masonry, concrete, and tubular streel. New walls shall include a landscape strip in front to accommodate climbing vines or other suitable plant material to reduce the susceptibility for graffiti. Wire mesh fencing is permitted along non-street facing property lines. The use of barbed wire, razor wire and cyclone (i.e., chain-link) fencing is prohibited.

D. Employee amenity areas. All new development and additions that expand existing floor area by 25 percent or more, resulting in at least 10,000 square feet of floor area, shall provide an employee area of at least 300 square feet in size. The employee use area shall be identified and improved as passive or active recreational space, or indoor or outdoor amenities for the use and enjoyment of employees.

E. Sidewalks and street frontage improvements. Sidewalks, curbs, and gutters along a site’s frontage(s) shall be maintained to the satisfaction of the City Engineer. All new buildings, additions to buildings which increase existing square footage by fifty percent (50%) or more, or projects that include substantial site modifications, shall provide sidewalks, curbs, and gutters if none already exist. Improvements shall be installed consistent with City standards and specifications.

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

2. Projects that include development of a vacant site or substantial modification of a developed site, shall provide landscaped areas that meet the minimums as provided for in Table 18.40.050 for the project site area. Projects that cannot provide the minimum amount of required landscaping shall pay a landscape in-lieu fee in the amount set forth in the City’s Master Fee Schedule subject to approval through the Site development review process.

3. All other areas not utilized for structures or paving shall be landscaped unless otherwise authorized by the decision maker because of site constraints, existing or adjacent site conditions, or phased development.

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

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

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

3. Alternate design, screening, or siting may be considered to meet utility provider requirements
H. Bicycle and pedestrian facilities. Projects that include development of a vacant site or substantial modification of a developed site shall accommodate bicycle and pedestrian facilities / access including:

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

2. Pedestrian pathways between buildings and parcels;

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

4. Orientation of outdoor public spaces towards activated ground-floor building frontages.

18.40.070 Off-street parking and loading
A. Off-street parking. For each building constructed or use established, off-street parking shall be provided according to the following standards:

Table 18.40.070 Off-street parking
Use Minimum off-street parking requirements
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Office 1.0 space / 300 square feet
Research and development, laboratory 1.0 space / 500 square feet Manufacturing 1.0 Space / 1000 square feet, and

1.0 Truck/Trailer space / 10,000 square feet
Warehouse, distribution and storage 1.0 Space / 1000 Square feet, and

1.0 Space/ 300 Square feet of at least 25% of the gross floor area of the building and

1.0 Truck/Trailer space / 10,000 square feet
Other uses See Section 18.36.150

1. Flex industrial buildings built without an end user selected and/or on speculation shall provide a minimum of one (1) parking space for each three hundred (300) square feet of the gross floor area for twenty-five percent (25%) of the building in addition to providing parking for the remaining seventy-five percent (75%) of the gross floor area consistent with the standards listed above.

2. All parking areas shall be designed and maintained in accordance with the provisions of Chapter 18.28.

3. In addition to the minimums above, one (1) parking space for each vehicle used in the conduct of the enterprise shall be provided.

4. Off-street parking requirements for other uses shall be provided on the same basis as required for the most similar use or as determined by the decision maker.

5. Truck trailer parking spaces shall have a minimum dimension of twelve (12) feet by fiftyfive (55) feet when parked perpendicular and twelve (12) feet by sixty-five (65) feet when parked parallel.
a. The number of truck trailer parking spaces required by section 18.40.070 may be decreased by the decision maker for a specific use if it is found that such use will not create as great a need for truck trailer parking and that the use is reasonably likely to continue for at least ten (10) years.
b. The number of truck trailer parking spaces required by section 18.40.070 may be increased by the decision maker if it is found that a use will create an additional need for truck trailer parking.

6. When determined necessary by the decision maker to reasonably serve the anticipated use, visitor parking, in addition to the above requirements, shall be provided.

7. Parking structures.

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a. Parking structure facades shall be designed as compatible visual extensions of the primary buildings.
b. Auto entries shall be located in a manner that minimizes pedestrian/auto conflicts.
c. Decorative screening or other decorative element constructed of durable, highquality materials shall be provided on parking structure facade.

B. Off-street loading: For each building constructed or use established, off-street loading shall be provided according to the following:

1. Loading docks and berths shall be provided adequate to serve the use. Such facilities shall be located to the side and rear of buildings and shall be adequately screened and landscaped so as to not be visible from the public rights-of-way. Truck loading areas and activities shall not conflict with on-site circulation and parking. All truck loading doors and docks shall be screened from view by an architecturally acceptable decorative wall or other acceptable alternative which does not encroach into required landscaped areas.

2. Loading berths. Loading berths shall be a minimum of ten (10) feet wide by twenty-five (25) feet long.

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

Table 18.40.080 Bicycle Parking
Use Short-term bicycle
parking requirements
Long-term bicycle
parking requirements
Retail 1.0 space / 3,000 square feet 1.0 space / 10,000 square feet Office, research and
development, lab

1.0 space/20,000 square feet
Minimum of 2 spaces

1.0 space/ 7,000 square feet
Minimum of 2 spaces
Manufacturing,
warehouse, distribution
and Storage

1.0 space/20,000 square feet
Minimum of 2 spaces

1.0 space/ 7,000 square feet
Minimum of 2 spaces
B. Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080.

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

D. The number of required bicycle parking facilities may be increased by the decision maker for a specific use if it is found that such a use shall create a greater demand for these facilities.

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

1. To minimize overall massing building elevation shall incorporate the following:
a. Variations in wall plane, wall height, trim or reveals, entry and window openings, and/or varying colors and materials; and
b. Detailing including elements such as recesses, columns, living walls, score lines, reveals, trellises, lighting, or other features to create shadow patterns and depth on building elevations; and
c. Other elements as required by the decision maker

2. Blank walls should not occupy over thirty percent (30%) of the principal frontage, and a section of blank wall should not exceed twenty (20) linear feet without being interrupted by a variation in wall plane, wall height, trim or reveals, entry and window openings.

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

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

4. A minimum of fifty percent (50%) of the building wall area located within twenty (20) feet of the midpoint of a primary building entrance shall be comprised of transparent windows or openings. Glass is considered transparent where it has a transparency higher than eighty percent (80%) and external reflectance of less than fifteen percent (15%).

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

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

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

3. Other Metal

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

5. Brick, natural clay colors;

6. Stone

7. Pre-cast concrete, glass-fiber reinforced concrete
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8. High-quality, cast-in-place concrete

9. Ceramic tile

10. Cement plaster

11. Wood.

Chapter 18.43: Use of Hazardous Materials

18.43.010 Purpose.

Other provisions of this chapter and Title 15 notwithstanding, all use of hazardous materials shall be as regulated herein. Hazardous materials are substances which are capable of posing risk to health, safety property or the environment. The hazard potential of a substance is based on its chemical properties, on the quantity of the material at a site, how it is stored and how it is used. The intent of this chapter is to reduce or eliminate hazards to the general public, including sensitive receptors, resulting from the potentially inappropriate location of facilities that use or store hazardous materials.

18.43.020 Standards.

The permitted on-site quantities and uses of hazardous materials shall be as listed in Table 18.43.050.

18.43.030 Hazardous materials classifications.

Hazard categories or classifications are defined in current Fire Code and Appendices for the City of Union City. Additional definitions are based on the definitions in Article I of Chapter 8.35 of the U.S. Department of Transportation (DOT) Code of Federal Regulations (CFR), Title 49, Parts 100 to 177, and in the Hazardous Materials Table, 49 CFR, Part 172.101, and as the foregoing may be amended. Hazardous materials classifications are listed below:

A. Group A representing those materials that pose a higher risk; B. Group B representing those materials that pose a more moderate risk; and C. Group C representing those materials that pose the least risk to health, safety, or property.

For purposes of this chapter, the table and table notes in Section 18.43.050 identify the categories of hazardous materials for each group.

18.43.040 Definition of hazardous materials facilities.

A. Bulk Plant (BP). Hazardous materials at the bulk plant level are manufactured, processed, or packaged but are not used on-site. Materials may be stored in large containers, railcars, tankers, drums, or cylinders. Bulk plant quantities are larger than the amount transported in or out in any single shipment.

B. Bulk Distribution Plant (BD). Hazardous materials at the bulk distribution plant level are collected, repackaged, and/or blended prior to being transported to other facilities. Materials are transported to the site in unpackaged form and are transferred to storage containers by hose, pipeline or conveyor belt from railcars, tankers, large containers or drums. Materials are stored until transported out as finished or semi-finished products.

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C. Large User Site (LU). Hazardous materials at a large user site are used as part of on-site operations.

Materials are stored and used in various sized containers. Container size will vary depending on the nature of the on-site operations. Hazardous materials are used in processes to obtain finished goods which are not hazardous materials which then may be used on-site or shipped out. On-site storage of hazardous materials exceeds the following quantities: two hundred thousand (200,000) pounds for solids, twenty thousand (20,000) gallons for liquids, and eighty thousand (80,000) cubic feet at STP for compressed gases.

D. Large Storage Plant (LS). Hazardous materials at the large storage plant level are stored until they are distributed to other facilities. On-site storage of hazardous materials exceeds the following quantities: two hundred thousand (200,000) pounds for solids, twenty thousand (20,000) gallons for liquids, and eighty thousand (80,000) cubic feet at STP for compressed gases. Materials are warehoused in closed containers. No transfer of materials from one container to another takes place on-site. Containers may be handled individually, palletized, or unitized for purposes of transportation. Packaging types may include cylinders, drums, boxes or portable tanks.

E. Medium User Site (MU). Hazardous materials at the medium user site are used as part of on-site operations. Materials are stored and used in various sized containers. Container size will vary depending on the nature of the on-site operations. Hazardous materials are used in processes to obtain finished goods which are not hazardous materials which then may be used on-site or shipped out. On-site storage of hazardous materials is between twenty-five thousand (25,000) to two hundred thousand (200,000) pounds for solids, two thousand seven hundred fifty (2,750) to twenty thousand (20,000) gallons for liquids, and ten thousand (10,000) to eighty thousand (80,000) cubic feet at STP for compressed gases.

F. Medium Storage Plant (MS). Hazardous materials at the medium storage plant are stored until they are distributed to other facilities. On-site storage of hazardous materials is between twentyfive thousand (25,000) to two hundred thousand (200,000) pounds for solids, two thousand seven hundred fifty (2,750) to twenty thousand (20,000) gallons for liquids, and ten thousand (10,000) to eighty thousand (80,000) cubic feet at STP for compressed gases. Materials are warehoused in closed containers. No transfer of materials from one container to another takes place on site.

Containers may be handled individually, palletized, or unitized for purposes of transportation.

Packaging types may include cylinders, drums, boxes, or bottles.

G. Small User Site (SU). Hazardous materials at a small user site are used as part of on-site operations.

Materials are stored and used in various sized containers. Container size will vary depending on the nature of the on-site operations. Hazardous materials are used in processes to obtain finished goods which are not hazardous materials which then may be used on-site or shipped out. On-site storage of hazardous materials does not exceed twenty-five thousand (25,000) pounds for solids, two thousand seven hundred fifty (2,750) gallons for liquids, and ten thousand (10,000) cubic feet at STP for compressed gases.

H. Small Storage Plant (SS). Hazardous materials at the small storage plant site are stored until they are distributed to other facilities. On-site storage of hazardous materials does not exceed twentyfive thousand (25,000) pounds for solids, two thousand seven hundred fifty (2,750) gallons for liquids, and ten thousand (10,000) cubic feet at STP for compressed gases. Materials are warehoused in closed containers. No transfer of materials from one container to another shall City Council/RSA Agenda 631 Tuesday, July 11, 2023
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take place on-site. Containers may be handled individually, palletized, or unitized for purposes of transportation. Packaging types may include cylinders, drums, boxes, or bottles.

18.43.045 Quantity range definitions.

Range
Number
Range Amounts

1. Up to and including 500 pounds for solids, 55 gallons for liquids and 200 cubic feet at NTP for compressed gases.

2. Between 500 and 5,000 pounds for solids, 55 and 550 gallons for liquids and 200 to 2,000 cubic feet at NTP for compressed gases.

3. Between 5,000 and 25,000 pounds for solids, 550 and 2,750 gallons for liquids and 2,000 to 10,000 cubic feet at NTP for compressed gases.

4. Between 25,000 and 50,000 pounds for solids, 2,750 and 5,500 gallons for liquids and 10,000 to 20,000 cubic feet at NTP for compressed gases.

5. More than 50,000 pounds for solids, 5,500 gallons for liquids and 20,000 cubic feet at NTP for compressed gases.

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

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

Table 18.43.050 Use table for on-site storage of hazardous materials Type of Facility
Zoning District

MG ML MS SEE CMUE
Group A chemicals and materials*: Class 3 and 4 oxidizers, compressed gases (corrosive, highly toxic, toxic, pyrophoric, unstable), cryogens (highly toxic, toxic, corrosive, pyrophoric, unstable), explosives and blasting agents, germ cell mutagenicity materials, highly toxic materials, materials that in contact with water emit flammable gas, organic peroxides (unclassified, Class I and Class II), pyrophoric materials, radioactive materials (gamma emitters), self-heating materials, self-reactive materials, unstables/reactives (Class 3 and Class 4), water reactive materials (Class 3) Bulk Plant - - - - -
Bulk Distribution - - - - -
Large User Site UP UP UP UP UP
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Table 18.43.050 Use table for on-site storage of hazardous materials Type of Facility
Zoning District

MG ML MS SEE CMUE
Large Storage Plant UP UP UP UP UP
Medium User Site UP UP UP UP UP
Medium Storage Plant UP UP UP UP UP
Small User Site AUP AUP AUP AUP AUP
Small Storage Plant AUP AUP AUP AUP AUP
Group B chemicals and materials*: Carcenogenic materials, combustible dust, compressed gases (flammable and oxidizing), corrosive liquids and solids, cryogens (flammable and oxidizing), flammable liquids, flammable solids, organic peroxide materials (Class III, Class IV, Class V), oxidizing materials (Class 1 and Class 2), radioactive materials (alpha and beta emitters), reproductive toxicity materials, target organ toxins, toxic materials, unstable/reactive materials (Class 1 and Class 2), water reactive materials (Class 1 and Class 2)
Bulk Plant - - - - -
Bulk Distribution - - - - -
Large User Site UP UP UP UP UP
Large Storage Plant UP UP UP UP UP
Medium User Site P P AUP AUP AUP
Medium Storage Plant P P AUP AUP AUP
Small User Site P P P P P
Small Storage Plant P P P P P
Group C chemicals and materials*: combustible liquids and solids, compressed gases (inerts), cryogens (inerts), irritant materials, materials identified as hazard not otherwise classified, and sensitizer materials.

Bulk Plant - - - - -
Bulk Distribution UP - - - -
Large User Site UP UP UP UP UP
Large Storage Plant UP UP UP UP UP
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Table 18.43.050 Use table for on-site storage of hazardous materials Type of Facility
Zoning District

MG ML MS SEE CMUE
Medium User Site P P P P P
Medium Storage Plant P P P P P
Small User Site P P P P P
Small Storage Plant P P P P P
* All chemical and material types listed above are included for reference purposes only. Final determination of hazard classification will be made by the Environmental Programs Division.

A. Table notes.

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

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

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

4. The following exemptions from the requirements of this chapter shall apply:
a. Storage, use or handling of the following gases in any quantities, whether in a gaseous, liquefied or cryogenic physical state: air (non-enriched), argon, helium, krypton, neon, nitrogen, and xenon. This exemption does not apply to bulk plants or bulk distribution plants.
b. Storage, use or handling of hazardous materials in quantities less than fifty-five (55) gallons, five hundred (500) pounds, and two hundred (200) cubic feet, for liquids, solids and gases respectively. This exemption does not apply to acutely hazardous materials and extremely hazardous substances, as defined in the Code of Federal Regulations and the California Health and Safety Code, which may require a CUPA permit from the Environmental Programs Division or preparation of a Risk Management Plan.

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c. Radioactive materials that are licensed, sealed sources, used for instruments, calibration devices and similar equipment, and materials exempted from regulation by the United States Nuclear Regulatory Commission.
d. On-site retail sales of common household hazardous materials in containers sized and packaged for use by the general public.

5. Ammonia refrigeration systems are subject to the provisions of this chapter.

B. Table qualifiers. In addition to the regulations set forth in this chapter, all storage and use of hazardous materials must be in conformance with the provisions of Federal, State, and local laws and regulations, Uniform Codes and referenced standards, as may be amended.

Chapter 18.76 Site Development Review

18.76.010 Purpose.

Site development review is intended to promote orderly, attractive and harmonious development and the stability of land values and investments and the general welfare, by preventing the establishment of uses or the erection or maintenance of structures having unsightly, undesirable or obnoxious qualities which are not properly related to their sites, surroundings and traffic circulation in the vicinity, or which would not meet the specific intent clauses or performance standard requirement of the zoning title.

18.76.020 Applicability.

A. The site development review procedure shall apply to all proposed uses projects in the following districtsall districts established under Title 18: Zoning.

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

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

R.C.The site development review procedure shall not apply to City projects on City-owned properties.

18.76.030 Application, fees and exhibits.

A. An application for a site development review shall be made to the City Council Planning Commission on a form prescribed by the Director which shall include the following data:

1. Name and address of the applicant;

2. Statement that the applicant is the owner of the property or is the authorized agent of the owner;

3. Address or description of the property;

4. Statement indicating the precise manner of compliance with each of the applicable provisions of this title together with any other data pertinent to the findings prerequisite to the granting of a site development review prescribed in this chapter; B. The application shall be accompanied by the items identified in the Formal Application Checklist as prescribed by the Director. The application shall be accompanied by the following items:

1. A mailing list on mailing labels of adjacent property owners and/or occupants for the purpose of providing notice of the pending application.

2. A site plan prepared by a licensed civil engineer, land surveyor, architect, landscape architect or building designer; provided, however, that the boundary and topographic survey on the site plan shall be prepared by a licensed civil engineer or land surveyor whose seal shall appear on the site plan. The site plan shall show existing and proposed locations of streets, utilities, and drainage facilities, property lines, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities and landscaped areas. The site plan shall be drawn to scale and shall indicate clearly and with full dimension the following information:
a. The registration number and signature of person or persons preparing the plan; b. Parcel dimension in distance and bearings;
c. All existing and proposed building and structures—location, size, height and proposed uses, including front, side and rear elevations of proposed buildings showing architectural detail and exterior materials;
d. Existing and proposed elevation and contours of lots and buildings; e. Yards and open spaces between buildings;
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f. Walls and fences—location, height, and materials;
g. Off-Street Parking. Location, number of spaces, dimension or parking area, and internal circulation pattern, yard lighting and landscaping; h. Access. Pedestrian, vehicular, service, points of ingress and egress, internal circulation, design and improvements;
i. Street dedication and improvements, existing and proposed, if any; j. Proposed storm drainage plan with substantiating calculations; k. All existing trees which are twelve (12) inches or greater in circumference measured at thirty-six (36) inches above grade: type, size, location, dripline, condition and indication if tree is being saved or removed;
l. Complete landscape plan pursuant to the landscape standards policy statement; m. Site plans for other than residential uses shall contain the following additional information:
i. Signs. Locations, size, height, types of materials and lighting, ii. Loading. Location, dimensions, number of spaces and internal circulation, iii. Lighting. Location and general nature.

3. Such other data, such as cross-sections, soils reports, arborist report, and a statement of use as may be required under the circumstances of each application to permit the City Council to make the required findings.

C. The application shall be accompanied by a fee in an amount established by resolution of the City Council.

D. All applications for site development review shall be filed through the Director for review and approval or disapproval by the City CouncilPlanning Commission prior to the issuance of any building permits.

18.76.040 Investigation.

The Director, upon receipt of an application for site development review, shall make such investigations as are necessary to determine whether or not the proposed use or structure conforms or may be conditioned to conform fully to the regulations for the district as herein set forth.

Such investigations shall include reports, upon referral, to other departments of the City, and any other public agency or district concerned.

If, in the opinion of the Director, the proposed use may cause the emission of dangerous or objectionable noise, odors, lights, dust, smoke or vibrations, the Director, with the consent of the applicant, may refer the application for investigation and report to one or more expert consultant(s) who shall report in writing to the Director and a copy of such report shall be furnished to the applicant. The applicant shall be required to pay the fee for services of the consultant(s).

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At the conclusion of such investigation, the Director shall prepare a report thereon which shall be submitted to the Planning Commission and City Council.

18.76.045 Findings for approval.

A. All of the following findings are required for approval of a site development review:

1. Approval of this application is consistent with the General Plan and any applicable specific plans;

2. Approval of this application is consistent with the purposes of this title and the requirements of the district in which the site is located;

3. Approval of this application is consistent with the purpose of site development review as outlined in Section 18.76.010.

B. A site development review may be revocable and may be granted subject to such conditions as are necessary to support the above findings.

C. The above findings are also required for any approval on appeal, or approval of a modification to a site development review.

18.76.050 Planning Commission public hearing—Notice.

The Planning Commission shall hold a public hearing for any application for a site development review permit. Notice of the public hearing shall be given pursuant to Section 18.52.082.

18.76.080 Planning Commission recommendationdecision and appeals.

A. The Planning Commission may grant an application for a site development review as applied for or in modified form, if on the basis of the application and the evidence submitted, the Commission finds that the application complies with the findings set forth in Section 18.76.045. The Planning Commission may adopt additional conditions of approval as the facts warrant.

B. The Planning Commission may deny an application for site development review. The Planning Commission shall transmit a written recommendation to the City Council that the application be approved, conditionally approved or denied, based on compliance with the findings set forth in Section 18.76.045.

C. Decisions of the Planning Commission and appeals of such decisions shall be made in accordance with the provisions of Section 18.52.088.

18.76.085 City Council public hearing—Notice
The City Council shall hold a public hearing on the application. Notice of the public hearing shall be given pursuant to Section 18.52.082.

18.76.090 City Council decision.

A. The City Council may grant an application for a site development review as applied for or in modified form, if on the basis of the application and the evidence submitted, the Council finds that the application City Council/RSA Agenda 638 Tuesday, July 11, 2023
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complies with the findings set forth in Section 18.76.045. The City Council may adopt additional conditions of approval as the facts warrant.

B. The City Council may deny an application for site development review.

18.76.095 Site development review modifications.

Applications to modify any site development review approval or any condition of approval shall be subject to the same procedures and regulations as those applicable to the original application.

In the event a site development review application is approved on property previously affected by a site development review approval, the previous approval and its conditions shall be null and void.

18.76.100 Site development review approval expiration.

A site development review approval shall be valid for one (1) year following the date on which the application became effective. The approval shall become null and void unless prior to the expiration of the year a building permit is issued by the Building Department and construction is commenced and diligently pursued toward completion on the site which was the subject of the site development review application or a certificate of occupancy is issued by the Building Department for the site or structure which was the subject of the site development review application. The phrase “construction is commenced” shall be defined for the purposes of this provision to mean the progress of actual building activity on the site in accordance with a valid building permit to a point such that the first inspection under the Uniform Building Code has been completed, including but not necessarily limited to the inspection of installed footings, reinforced steel, utility, plumbing, and electrical conduits and/or services and all other work or activity customarily and typically inspected prior to the first pouring of foundation concrete.

Completion of only site preparation activities such as site clearance, grading or excavation without commencement of actual building activity shall not constitute commencement of construction.

In the case where site development review approval was granted either concurrently with, or subsequently consistent with, an approved residential tentative map, the site development review approval shall be valid through the duration of the tentative map, as specified by Section 66452.6 of the California State Subdivision Map Act.

18.76.105 Site development review extension.

A. A site development review approval may be extended for an additional period of time not to exceed one (1) year no more than two (2) times. Each such request for extension must be submitted in writing to the Zoning Administrator prior to the expiration date of the site development review approval. The request for extension shall be accompanied by a fee in an amount established by resolution of the City Council. The Zoning Administrator may grant or deny an application for extension of a site development review approval. The Zoning Administrator may grant an extension if he or she finds that there has been no substantial change in the facts or circumstances present when the original application was approved.

B. Upon expiration of the site development review extension, the project shall be deemed to be expired and shall become null and void. Upon expiration, approval of a new site development review application shall be required prior to commencing with the project.

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18.76.110 New application.

Following the denial of a site development review application, no application for the same or substantially the same project on the same or substantially the same site shall be filed within one (1) year from the date of denial of the application.

City Council/RSA Agenda 640 Tuesday, July 11, 2023
Agenda Item
DATE: JUNE 15, 2023
TO: PLANNING COMMISSION
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: AMENDMENTS TO TITLE 18, ZONING, OF THE UNION CITY MUNICIPAL CODE TO UPDATE CHAPTER 18.08,
DEFINITIONS, CHAPTER 18.36, COMMERCIAL DISTRICTS,
CHAPTER 18.40, INDUSTRIAL DISTRICTS, CHAPTER 18.76,
SITE DEVELOPMENT REVIEW, AND ADD CHAPTER 18.43,
USE OF HAZARDOUS MATERIALS.

APPLICANT: THE CITY OF UNION CITY
REQUEST: The City of Union City is proposing to amend Title 18 of the Union City Municipal Code, Chapter 18.08, Definitions, Chapter 18.36, Commercial Districts, Chapter 18.40, Industrial Districts, Chapter

18.76, Site Development Review, and add Chapter 18.43, Use of Hazardous Materials. These amendments modify and standardize uses, update development and performance standards, establish objective design standards, streamline approval processes, and reformat the chapters for ease of use and consistency with other chapters in Title 18.

LOCATION: Citywide
ENVIRONMENTAL ASSESSMENT:

The amendments are exempt from environmental review in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), the general exemption for projects with no potential for a significant effect on the City Council/RSA Agenda 641 Tuesday, July 11, 2023
Planning Commission Staff Report, June 15, 2023
AT-23-003 Zoning Text Amendment, Page 2
environment. As a series of text amendments, it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment.

SUMMARY:

The City of Union City is proposing to amend Title 18 of the Union City Municipal Code, Chapter 18.08, Definitions, Chapter 18.36, Commercial Districts, Chapter 18.40, Industrial Districts, Chapter 18.76, Site Development Review, and add Chapter 18.43, Use of Hazardous Materials. These amendments modify and standardize uses, update development and performance standards, establish objective design standards, streamline approval processes, and reformat the chapters for ease of use and other updates to ensure consistency with other chapters in Title 18. See Exhibit A (Clean) and B (Redlines) for the proposed amendment wording.

I. BACKGROUND
As part of the implementation of Strategic Plan Goal C.1, which states “Analyze the feasibility of transforming warehouses to attract high-value industrial and commercial uses for the benefit of the community”, staff developed design criteria and performance standards to ensure future industrial developments are well-designed and accommodate a variety of flex-industrial uses including office and research and development. As part of the effort to develop these standards, staff determined that there needed to be a more comprehensive update to address use classifications, outdated performance standards, and the need to reformat the chapter to ensure that use categories were consistent and standardized across all districts. This comprehensive update has modified and standardized uses, updated development and performance standards, established objective design standards, and reformatted the chapter for ease of use and consistency with other chapters in Title 18.

Goal LU-7 of the Union City 2040 General Plan states “Protect the supply of land in Union City’s business parks and ensure development and design standards encourage business parks to adapt and transition into vibrant employment centers.” The amendments help to implement this goal by establishing new design standards and implementing new and updated performance and supplemental standards to ensure our business parks adapt and transition to vibrant and attractive employment centers.

The majority of the updates are focused on Chapter 18.40, Industrial Districts, which addresses the General Industrial (MG), Light Industrial (ML), and Special Industrial (MS) Zoning Districts. These districts make up the majority of the City’s industrial areas.

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(Figure 1: Industrial Districts)
As part of the proposed amendments, a new chapter is proposed, Chapter 18.43, Use of Hazardous Materials, to reflect that the applicability of the chapter expands to other industrial districts besides those addressed in Chapter 18.40 including the Station East Employment (SEE) Zoning District. The chapter content is essentially remaining the same but is being relocated from Chapter 18.40 into its own chapter to address the applicability issue described above.

The proposed amendments to Chapter 18.08, Definitions, add definitions for existing and new uses to ensure clarity. Additionally, amendments are proposed to Chapter 18.36 to ensure references are updated and consistent.

Lastly, staff is proposing amendments to Chapter 18.76, Site Development Review, to make the Planning Commission the decision maker for Site Development Review applications. The proposed amendments also update applicability. These amendments are not directly related to the other proposed amendments but are included since they are critically important to streamlining the development review process.

II. DISCUSSION
A high-level summary of the amendments are included below. For a more detailed review, see Exhibit A (Clean) and Exhibit B (Redlines).

A. Chapter 18.08, Definitions
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The amendments to Chapter 18.08 add definitions for new and existing uses, to better clarify what operations are covered by the use.

B. Chapter 18.36, Commercial Districts
The amendments to Chapter 18.36 update a reference to the Use of Hazardous Materials section which has been made its own chapter (Chapter 18.43) as part of these amendments.

C. Chapter 18.40, Industrial Districts
The amendments to Chapter 18.40 modify and standardize uses, update development and performance standards, establish objective design standards, and reformat the chapter for ease of use and consistency. Due to the substantial scope of the update, Chapter 18.40 will be repealed and replaced.

Section 18.40.010 Purpose
The purpose of the MG, ML, and MS Zoning Districts has been aligned with those stated in the 2040 General Plan.

Section 18.40.020 Use Regulations – Industrial Districts The amendments modify the existing use categories by clarifying language, combining similar uses, updating/removing antiquated use classifications, and adding new uses, which better reflect the current market conditions. All uses would be combined into a single table for ease of use and to ensure use categories are standardized across all districts. Previously, the use classifications were not consolidated and were split between three different sections of the chapter. See below for additional discussion on notable updates to this section.

Amendments are proposed in response to new legislation (i.e., Assembly Bill (AB) 2011 and Senate Bill (SB) 6), which will go into effect July 1, 2023. This legislation allows housing developers to develop qualifying multifamily projects on commercial zoned land with limited local discretion. The term “commercial zoned land” includes sites where office and retail uses (including restaurants) are “principally permitted.” To protect the City’s industrial areas, staff is proposing amendments to the MS Zoning District to make office and retail uses conditional, which means that a Use Permit is required prior to establishment of the use. Food service uses in the MS Zoning District are currently a conditional use and will remain as such. Sites that are bounded on three sides by industrial uses are not subject to the new legislation, which would preclude the City Council/RSA Agenda 644 Tuesday, July 11, 2023
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majority of the sites within the ML Zoning District. As such, office uses remain a permitted use within this zoning district. Although not consistent with staff’s efforts to streamline and simplify the City’s approval processes for the business sector, the amendments will provide protection for sites most at risk.

Amendments are also proposed to the use category of warehouse, wholesale, and distribution uses (“warehouse uses”). For buildings that were built prior to August 1996, warehouse uses will continue to remain permitted. The “August 1996” date refers to when the City previously updated its regulations regarding warehouse uses. At that time, Chapter 18.40 was updated to require a Use Permit for new warehouse uses in buildings built after this date. The requirements were also updated at that time to require some warehouse uses to either be 1) point of sale, which means they generate sales tax, or 2) provide a certain number of employees based on square footage to ensure warehouse uses were meeting the City’s economic development goals.

Over the years, staff found that it was challenging to ensure compliance with the employee requirement and amended the use table to remove it. In its place staff added a requirement that any new warehouse use established in a building constructed after the 1996 date will need to be affiliated with an existing Union City manufacturing or assembly use with a valid business license. Based on research of the City’s existing businesses and conversations with business owners, staff has found that warehouse space is necessary to support the City’s existing manufacturing businesses. These businesses need space to house the products that they manufacture or assemble. The updated provisions ensure that the establishment of new warehouse uses better align with the City’s economic development goals by either requiring that they provide sales tax revenue to the City or support an existing Union City business.

Section 18.40.040 Performance Standards
The amendments either carry forward existing provisions or modify existing performance standards to incorporate current best practices and ensure sites are well maintained. These standards include:
a. Limit warehouse, wholesale and distribution activities within buildings by requiring a minimum of 25 percent of the floor area be used for assembly, manufacturing, R&D, sales, showrooms or office uses
b. Limitations on nuisance characteristics such as odors, noise, vibrations, etc. c. Site maintenance
d. Hazardous materials regulations
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e. Standards for additions and modifications to exiting industrial developments f. Standards for solid waste, organic waste and recyclable materials enclosure Section 18.40.050 Development Standards
The amendments would combine all development standards into a single table for clarity and ease of use. Additionally, the amendments would revise height and setback requirements in certain zoning districts and add floor area ratio (FAR) requirements from the General Plan. Setback requirements in the MS Zoning District are proposed to be revised from 65 feet to 25 feet to allow for adequate setback area while providing additional area on site for development. The height requirement is proposed to be updated in the MS Zoning District to allow for buildings to be constructed up to 55 feet in height (currently 40 feet) to provide additional flexibility. In addition, the requirement for a Use Permit was removed for buildings to exceed a specific height and replaced with a finding, which the decision maker must make when approving the related Site Development Review application. This reduces processing timelines and removes uncertainty for the project applicant that the requirement for a Use Permit adds.

Section 18.40.060 Supplemental Standards
The amendments would consolidate other supplemental standards into a single section and modify the standards to ensure clarity. The supplemental standards address permitted obstructions, signage, walls and fences, and landscaping.

Staff is proposing to add new standards concerning employee amenity areas, sidewalks and street frontage improvements, equipment screening, and bicycle and pedestrian facilities, which also are items that are typically addressed through the development review process.

These performance standards ensure new development is well-designed and accommodates a variety of flex-industrial uses including office and research and development. In addition, including these standards in Chapter 18.40 ensures applicants are aware of what is expected, which streamlines the approval process by reducing the back and forth between the applicant and staff.

Section 18.40.070 Off Street Parking and Loading / Section 18.40.080 Bicycle Parking The amendments maintain many of the existing parking and loading requirements.

Additionally, the amendments would add parking requirements for research and development / laboratory uses, parking structures, and clarify parking requirements for flex industrial buildings.

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The amendments would also clarify and update existing bicycle parking standards.

Section 18.40.090 Design Criteria
Following up on the discussion under the Background section, the amendments add new objective design standards for industrial developments to ensure future industrial developments are well designed. The standards encourage attractive architectural developments, create a stronger sense of place and a more positive image for the industrial districts. The standards promote the use of a “Modern” building vocabulary, minimize massing and blank walls, and require the incorporation of architectural features and details as well as high-quality materials and the use of color. Similar to the discussion above, there is also the added benefit of including the design criteria in the chapter, which further streamlines the approval process.

D. Chapter 18.43 Use of Hazardous Materials
The amendment would relocate the existing requirements listed in Chapter 18.40 Article IV, Use of Hazardous Materials, to a new chapter (Chapter 18.43 Use of Hazardous Materials). The requirements contained in that section apply to additional districts beyond those referenced in Chapter 18.40 (i.e., MG, ML, MS) including the Station East Employment (SEE) Zoning District. For this reason, along with the reformatting of Chapter 18.40, these requirements were included in their own chapter. Additionally, the amendments incorporate a newly added Corridor Mixed-Use Employment (CMUE) Zoning District
E. Chapter 18.76 Site Development Review
Staff is proposing updates to Chapter 18.76 Site Development Review, to require the Site Development Review (SDR) process apply to all zoning districts. Previously, the Zoning Ordinance did not include the Civic Facilities (CF) Zoning District in the list of zoning districts where SDR applied. An exception has been added exempting City-owned projects on City-owned land. Additionally, Planning staff has provided direction to evaluate having the Planning Commission be the decision-making body for Site Development Reviews instead of the City Council. The City Council would still retain the ability to call the project up on appeal for their review. This change would further streamline reviews, align our process with those in neighboring jurisdictions, and provide an appeal process for the public. It also reflects how Site Development Reviews were previously reviewed before an update in 2006.

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F. Study Sessions and Public Outreach.

Planning Commission
A Planning Commission study session to review a draft of the amendments was held on March 16, 2023. The Commission provided feedback to staff and reviewed a Desk Item concerning questions and comments from Commissioner Lew regarding the draft amendments. The feedback addressed some clarifying questions, recommendations to address formatting issues, and minor updates. The Desk Item also provided some background and introduced the request to update Chapter 18.76. necessary edits have been incorporated into the proposed amendments. The Planning Commission staff report and Desk Item can be accessed online at the URL below. For a detailed overview of the Planning Commission discussion see Planning Commission Meeting Minutes (Attachment 1).
https://unioncity.novusagenda.com/agendapublic/MeetingView.aspx?MeetingID=1662 &MinutesMeetingID=625&doctype=Agenda
City Council
A City Council study session to review a draft of the amendments was held on April 11, 2023. The Council asked clarifying questions and provided feedback regarding the draft amendments. The Council also indicated that they were supportive of the proposed amendments to Chapter 18.76 and asked staff to proceed with the proposed amendment to make the Planning Commission the decision maker for Site Development Reviews.

The City Council staff report can be accessed online at the URL below. https://unioncity.novusagenda.com/agendapublic/MeetingView.aspx?MeetingID=1623 &MinutesMeetingID=631&doctype=Agenda
Economic Development Advisory Committee (EDAT)
Staff met with the Economic Development Advisory Committee (EDAT) at its March 16, 2023, meeting. Staff presented the amendments. EDAT members asked clarifying questions. No other feedback was received.

Broker Engagement
Staff held a stakeholder meeting with local real estate brokers on May 23, 2023. Staff presented the amendments to the brokers. They asked clarifying questions regarding warehousing and processing timelines for use permits. No other feedback was received.

G. Public Outreach
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A newspaper notice for the zoning text amendments was published in the Tri-City Voice as required by State Law. To date, staff has not received any public comments.

III. REQUIRED FINDINGS
Section 18.64.060 requires that, when considering zoning text amendments, the Planning Commission shall provide a recommendation to the City Council on the following:

1. Recommending that the application be granted or denied or that the proposal be adopted or rejected, including the reasons for the recommendation;

2. The relationship of the application or proposal to the general plan and any applicable specific plans; and

3. Whether the change is necessary or desirable to achieve the purposes of Title 18.

IV. ALTERNATIVES

1. Recommend approval of the proposed Zoning Text Amendments to the City Council as proposed;

2. Recommend approval of the proposed Zoning Text Amendments to the City Council with stated modifications;

3. Recommend denial of the proposed Zoning Text Amendments to the City Council, stating reasons for denial;

4. Continue the matter for further consideration.

V. RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of Zoning Text Amendment (AT-23-003) to the City Council based on the following specific findings:

1. That the Zoning Text Amendments are exempt from environmental review in accordance with CEQA Guidelines Section 15061(b)(3), the general exemption for projects with no potential for a significant effect on the environment. As a series of text amendments, it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment; and

2. That the proposed Zoning Text Amendments are consistent with the following General Plan goals and policies. There are no applicable specific plans.

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• Goal LU-7, seeks to protect the supply of land in Union City’s business parks and ensure development and design standards encourage business parks to adapt and transition into vibrant employment centers. The proposed amendments implement this goal by establishing new design standards and implementing new and updated performance and supplemental standards to ensure our business parks adapt and transition to vibrant and attractive employment centers.
• Policy ED-5.3, Encourage Collaborative Work Spaces, supports efforts to convert existing warehouses and former industrial buildings into collaborative work spaces including “maker spaces”, incubators, and co-working facilities.

The proposed amendments include updated parking standards for flexible office and research and development uses, and includes a definition for “maker spaces”.
• Policy ED-5.4, Encourage Amenity-Rich Business Parks, seeks to encourage business parks to create amenity-rich environments for their employees. The proposed amendments include requirements and performance standards for amenity spaces for new developments.
• Policy ED-7.3 Remove Regulatory Barriers, seeks to have the City remove any unnecessary regulatory barriers that discourage private-sector investment. The proposed amendments help to remove barriers by streamlining the review process and ensuring design, performance, and supplemental standards are known upfront and can be planned for early in the process. • Policy LU-7.4 Encourage Stronger Sense of Place in Industrial Areas, encourages industrial development to create a stronger sense of place and a more positive image. The proposed amendments include performance standards to promote attractive building frontages, including variations in rooflines, articulation in the walls, attractive landscaping features, outdoor services areas, loading bays, and outdoor storage areas that are not readily visible to the public.
• Policy LU-7.5 Flexible Regulations for Business Parks, ensures that industrial zoning regulations are flexible enough to facilitate the conversion of business parks to more job-intensive uses. The proposed regulations include more flexible parking requirements and increases in allowable building height to City Council/RSA Agenda 650 Tuesday, July 11, 2023
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facilitate higher intensity employment uses, including research and development, flex-industrial uses, and maker spaces.

3. That the proposed Zoning Text Amendments are necessary and desirable to achieve the purposes of Title 18, which seek to protect the character and maintain the stability of business and industrial areas and conserve the economic value of land and buildings throughout the City.

It is further recommended that the Planning Commission adopt a Resolution confirming this action.

Prepared by
Brandon H DeLucas, Associate Planner
Attachments
Exhibit A: Draft Amendments (Clean)
Exhibit B: Draft Amendments (Redlines)
Attachment 1: Planning Commission Minutes for March 16
th, 2023
City Council/RSA Agenda 651 Tuesday, July 11, 2023
Desk Item
DATE: JUNE 15, 2023
TO: PLANNING COMMISSION
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: AMENDMENTS TO TITLE 18, ZONING, OF THE UNION CITY MUNICIPAL CODE TO UPDATE CHAPTER 18.08, DEFINITIONS,
CHAPTER 18.36, COMMERCIAL DISTRICTS, CHAPTER 18.40,
INDUSTRIAL DISTRICTS, CHAPTER 18.76, SITE DEVELOPMENT
REVIEW, AND ADD CHAPTER 18.43, USE OF HAZARDOUS
MATERIALS.

Staff received questions/comments from a Planning Commissioner Lew regarding the project. The following are the questions received and staff’s responses (in red italics) Commissioner Lew Comments
I. Item 5.B.1 – comments and questions on Exhibit B.

1. Pages 1 and 4, the City proposes to delete the definitions for “automobile wrecking yard” and “salvage yard.” Please explain whether the City desires to ban these uses throughout the city, the rationale for this action, and whether these uses are currently in operation.

The uses proposed for removal from the Municipal Code are currently only permitted in the MG Zoning District. There is only one site within the City zoned MG, which is US Pipe. That said, these uses are currently not in operation within the City. The reason we are proposing that they be removed from Title 18 is that these uses do not support the City’s economic development goals, have the potential for nuisance characteristics, and are currently not in existence within the City.

2. Page 3, the definitions for “manufacturing and assembly” and “manufacturing process” should be listed after the definition for “18.08.400 Manufactured home.” Please correct.

The numbering is corrected. See attached updated Exhibit A and B.

3. Page 3, the definition for “media production studio” should be listed after the corrected definition number for “manufacturing process.” Please correct.

City Council/RSA Agenda 652 Tuesday, July 11, 2023
The numbering is corrected. See attached updated Exhibit A and B.

4. Page 3, the definition number for “personal services” is the same as the number for “payday loan facility.” Please correct and show the latter preceding the former.

The numbering is corrected. See attached updated Exhibit A and B.

5. Pages 5 through 14, Section 18.40.020 states that a dash “designates uses that are not allowed.” Uses are listed in the first column of Table 18.40.020 and whether the use is permitted, conditionally permitted, or not allowed is shown in the second through fourth columns depending on the district. However, dashes are also shown in the fifth column, which is reserved for “specific use regulations/notes.” Please explain the use of dashes in the fifth column and what specific use regulation or note these dashes represent.

The dashes were removed from the notes column. See attached updated Exhibit A and B.

6. Pages 22 through 27, the City proposes to move “Use of Hazardous Materials” from Chapter 18.40, Article IV, to a newly designated Chapter 18.43. However, the proposed text for use of hazardous materials was not updated to remove references to “this article”, which is no longer an appropriate reference (with the removal of the information from Article IV). Please remove all five references to “this article” in the proposed text for Chapter 18.43.

All references, in Chapter 18.43 to “this article” have been updated and now state “this chapter” consistent with other chapters of the Union City Municipal Code. See attached updated Exhibit A and B.

7. Page 26, the asterisked note after Table 18.43.050 refers to the “Environmental Programs Division.” Is this a City of Union City office? If so, please clarify the department that oversees this division.

The Environmental Programs Division is a division within the Economic and Community Development Department, which is overseen by the Economic and Community Development Director.

8. Page 26, A. Table Notes, Item #2 – the last sentence appears to be incomplete. Should there be additional information at the end of this sentence after “off-site”? Please clarify.

The sentence is complete as there is no additional language proposed after the term “off site.”

9. Page 27, Section 18.76.020, Item A – the sentence is awkwardly written. Please revise it to state “The site development review procedure shall apply to all proposed projects in all districts established under Title 18: Zoning.”
The wording is updated. See attached updated Exhibit A and B.

City Council/RSA Agenda 653 Tuesday, July 11, 2023

10. Page 28, Section 18.76.030, Item B – I recommend the second “by” be changed to “in” since the identified items are contained in the checklist.

The wording is updated. See attached updated Exhibit A and B.

City Council/RSA Agenda 654 Tuesday, July 11, 2023
EXHIBIT A (AT-23-003 CLEAN)
Chapter 18.08 DEFINITIONS

18.08.045 Automobile rental.
“Automobile rental” means a facility engaged in the rental and leasing of new and used automobiles, trucks, trailers, motorcycles, mopeds, and recreation vehicles and supplies, including storage of said vehicles.

18.08.047 Automobile sales.
“Automobile sales” means a facility engaged in the retail sales and services of new automobiles, trucks, trailers, motorcycles, mopeds, and recreation vehicles and supplies. Accessory sales of used automobiles, trucks, trailers, motorcycles, mopeds, and recreation vehicles may be permitted.

18.08.073 Bank and financial institutions.
“Bank and financial institutions” means an establishment which provides services to meet the financial needs of its customers (i.e., checking account services, mortgage broker services, etc.). This use does not include check cashing businesses as defined in Section 18.08.168 or payday loan facility as defined in Section 18.08.486.

18.08.074 Bar.
“Bar” means a business where alcoholic beverages (including beer, wine, liquor, and mixed drinks) are sold for on-site consumption as a primary use, which is not part of a larger full service/sit down restaurant.

Includes taverns, wine bars, pubs, lounges, and similar establishments where any food service is subordinate to the sale of alcoholic beverages.

18.08.075 Bed and breakfast establishment.
“Bed and breakfast establishment” means a building of residential character containing no more than five (5) sleeping units for rent by tourists on a temporary basis not to exceed a stay exceeding fourteen (14) calendar days in any month. A bed and breakfast establishment may also serve meals to guests as part of the guest fee and shall provide for a resident-manager.

18.08.076 Bicycle parking facility.

A “bicycle parking facility” is a device that is used to securely store bicycles. A bicycle parking facility can either be a bicycle locker or rack designed and installed in conformance with the design criteria listed in Section 18.28.080 or 18.28.090.

18.08.077 Bingo games.
“Bingo games” means the establishment of a game of chance open to the public in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random in accordance with Section 326.5 of the California State Penal Code and Chapter 5.32 of the Union City Municipal Code. For the purposes of the zoning ordinance, bingo games City Council/RSA Agenda 655 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit A (AT-23-003 Clean), Page 2
shall include conduct of such games as either the primary use of land or as a use that is accessory to a primary use of land.

18.08.078 Biotechnology.
“Biotechnology” is the industrial use of living organisms (or parts of living organisms) in applications in medicine, agriculture, or other products. Biotechnology can include fermentation and plant and animal hybridization, which may include animal testing, protein separation technologies, and genomics and combinational chemistry.

18.08.156 Business services.
“Business services” means a facility that provides support services for businesses or the public for a fee.

These services include copying, printing, mailing, design, data processing and sign shops, etc.

18.08.175 Conference center.

A “Conference center” means a facility for conventions, conferences, trade shows, festivals, and other events held within a facility designed and approved for this purpose.

18.08.176 Construction equipment sales and rental.
“Construction equipment sales and rental” means a facility which provides construction equipment and related commodities to the public for sale or rental, and accessory servicing of that equipment.

18.08.177 Contractor services.
“Contractor services” means a facility providing general contracting and/or building construction services, including general building, plumbing, electrical, air conditioning, carpentry, and other trade contractors.

18.08.178 Convenience market.
“Convenience market” means an activity that includes the retail sale of food, beverages, and personal convenience items, primarily for off-premises consumption and typically found in establishments with long or late hours of operation and in a building of less than three thousand (3,000) square feet.

Convenience markets may sell beer and wine but shall be considered liquor stores if hard liquor is sold on site. Excluded from this definition are delicatessens, specialty food shops, and establishments which have a sizeable assortment of fresh fruits and vegetables and fresh cut meat.

18.08.190 Director.
“Director” means Economic and Community Development Director. The Director is the executive head of the Economic and Community Development Department appointed by the City Manager to administer the zoning title. The Director also functions as the “Zoning Administrator.”

18.08.246 Engineering and design services.
“Engineering and design services” means an establishment primarily engaged in engineering and drafting services including architectural services. Usually includes office and drafting equipment, including blueprint machines.

City Council/RSA Agenda 656 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit A (AT-23-003 Clean), Page 3

18.08.266 Food Truck.

A ‘Food Truck” means any motorized vehicle or trailer used as a mobile vending vehicle that sells food or beverages in the operation of a business.

18.08.267 Gas station marketeer.

A “gas station marketeer” is:

A. An enclosed area located on a gasoline service station site, where merchandise that is not considered accessory to the normal operation and maintenance of automobiles is sold. This merchandise includes convenience food items such as sodas, nonalcoholic beverages, chips, cookies, ice cream, and other snack items and also nonfood items.

B. Additionally, the use of refrigerated display cases to which the general public has access constitutes a marketeer. However, a service station may have up to four (4) coin-operated vending machines and may sell cigarettes over the counter only without being considered a marketeer.

18.08.291 Incubator Space
“Incubator Space” means a facility managed by a third-party that helps startup companies and individual entrepreneurs develop their businesses by providing services such as mentorship and advice, office or lab space, access to investors or capital, equipment, networking and learning opportunities.

18.08.396 Maker space.
“Maker space” means a facility where shared manufacturing tools, such as 3-D printers, laser cutters, and traditional arts and crafts supplies, are used for the fabrication, of physical products and not for mass production.

18.08.401 Manufacturing and assembly.
“Manufacturing and assembly” means a use that is principally devoted to manufacturing processes and may include accessory research and development, administrative, and warehousing activities.

18.08402. Manufacturing process.
“Manufacturing process” means the fabrication, processing, assembly, or blending of organic or inorganic materials and/or substances into new products.

18.08.403 Media production studio.
“Media production studio” means a facility for the production of motion pictures, television, video, sound, graphics and other communications. Accessory uses include incidental rehearsal and broadcasting uses; however, use does not include transmission towers. This may also include incidental office use, retail sales, and indoor storage of equipment related to the recording uses.

18.08.486 Payday loan facility.
“Payday loan facility” means a facility primarily engaged in the business of advancing funds to customers in situations where the customer uses their entitlement to a future paycheck from some other source as City Council/RSA Agenda 657 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit A (AT-23-003 Clean), Page 4
collateral for the loan, and for which the customer pays a fee (percentage or otherwise) for the advancement.

18.08.487 Personal services.
“Personal services” means a use providing services of a personal convenience including beauty salons, barber shops, dressmaking/tailoring, hair removal, nail salons, photographic and portrait studios, shoe repair shops, travel agency, and similar uses. Excluded from this definition are massage, check cashing, and any other personal service type use specifically listed within district regulations.

CHAPTER 18.36 COMMERCIAL DISTRICTS

18.36.050 Required conditions.

H. Other provisions of this chapter notwithstanding, all storage, handling or other use of hazardous materials shall be subject to the provisions of Chapter 18.43 of this title.

Chapter 18.40 is repealed and replaced in its entirety.

CHAPTER 18.40 INDUSTRIAL DISTRICTS

18.40.010 Purpose
The Industrial Districts are as follows:

General Industrial (MG): The purpose of the MG District is to provide space for a broad range of light to heavy industrial uses, including manufacturing, transportation, warehousing, and distribution uses. It is applied where unsightliness, noise, odor, traffic, and the hazards associated with certain industrial uses will not impact residential, commercial, schools, other less intense use areas.

Light Industrial (ML): The purpose of the ML District is to provide space for light manufacturing, assembly, and distribution of manufactured products, R&D facilities, industrial supply, incidental warehousing, offices, parking, and supportive sales, which evidence no or very low nuisance characteristics. The ML District promotes high quality industrial and office park developments. The district applies to areas where nuisance characteristics of noise, odor, traffic generation, unsightliness, or hazardous materials manufacturing or storage are undesirable. Performance standards are applied to ensure minimum potential for adverse effects, that any unavoidable adverse effects are contained on-site, and that the general objective of a high standard of property and use maintenance is met.

Special Industrial (MS): The purpose of the MS District is to provide space for lightest industrial operations, including limited manufacturing, assembly, distribution of manufactured products, R&D facilities, incidental industrial supply, incidental warehousing, offices, and supportive sales, as well as limited commercial uses along major arterials. The MS District promotes high quality industrial and office park developments. The district applies to areas where nuisance characteristics of noise, odor, traffic generation, unsightliness or hazardous materials storage or handling are avoided, and almost all uses will be conducted entirely within enclosed buildings.

18.40.020 Land use regulations—Industrial Districts
City Council/RSA Agenda 658 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit A (AT-23-003 Clean), Page 5
Table 18.40.020 Land use regulations—Industrial Districts sets the land use regulations for the Industrial Districts by letter designation as follows unless a use or activity is prohibited or subject to a higher level of permit pursuant to other parts of this Section, other requirements of the Union City Municipal Code, or other applicable regulations:
"P" designates permitted uses.
"AUP" designates uses that are permitted subject to approval of an Administrative Use Permit (Chapter 18.54).
"UP" designates uses that are permitted subject to approval of a Conditional Use Permit (Chapter 18.56).
"-" designates uses that are not allowed.

Any other use determined by the decision maker to be essentially the same or very similar to the uses in in Table 18.40.020 may be permitted. In making this determination, the findings required under Section

18.52.060 shall be addressed. Land uses defined in the Union City Municipal Code and not listed in the table or not found to be substantially similar to the uses below are prohibited. Unless otherwise explicitly stated, all uses shall be conducted within a permanent building.

Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes

ASSEMBLY, EDUCATION AND RECREATION
Conference center - - UP
Fitness and recreational
facilities - - UP
Hotel - UP UP
Including accessory
commercial and business
services uses
Professional trade schools
and colleges - - UP Limited to programs serving persons 18 years or older

AUTOMOBILE
Automobile rentals - P P
Automobile repair and service - UP -
Including auto body and paint
shops
Automobile sales of new
vehicles - - UP Accessory used vehicles sales and service uses permitted City Council/RSA Agenda 659 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit A (AT-23-003 Clean), Page 6
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Service stations - UP -
Subject to the following
conditions:

1. All operations except the
sale of fuel and oil shall be
conducted in a building
enclosed on at least three (3)
sides

2. Pump Island shall be
located not closer than twenty
(20) feet to any property line

3. No sale of alcoholic
beverages or food products

4. No service station
marketeer

COMMERCIAL SERVICES
Banks and financial
institutions - - UP
Business services - P UP
Child day care center - - UP
When conducted as an integral
part of a main building or on a
proximate site/campus and
where the parent(s) or
guardian(s) of children using
such facility remain on site, or
on a proximate site
Food service - - UP Excluding Drive-through uses
Live music (non-amplified) - - AUP
At food service uses and
subject to the provisions of
Section 18.36.195(A)
Outdoor dining areas - - AUP
At food service uses and
subject to the provisions listed
in Section 18.36.190
Food truck P P -
On private property, with
property owner permission
and up to 2 hours
INDUSTRIAL – MANUFACTURING AND ASSEMBLY
Building martials and products
Manufacturing and assembly
of prefabricated structures P P -
City Council/RSA Agenda 660 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit A (AT-23-003 Clean), Page 7
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Manufacturing and assembly
of porcelain and ceramic
products including bathroom
and kitchen fixtures and
equipment
P P -
Kilns shall be fired only by gas
or electricity
Manufacturing and assembly
of building paper and building
board
P - -
Manufacturing and assembly
of building materials not
elsewhere listed in this table.

UP UP -
Chemicals and allied products manufacturing
Manufacturing of candle and
paraffin products P UP UP Excluding the rendering of products Manufacturing and assembly
of pharmaceuticals and
products from the life
sciences and biotechnology
industries
P P P
Manufacturing of soap,
detergents, and cleaning
preparations
P UP -
Excluding the refining or
rendering of fats and oils
Manufacturing of perfumes,
cosmetics, and other toiletries
preparations
P UP -
Excluding the refining or
rendering of fats and oils
Manufacturing and assembly
of plastic and rubber
products,
P UP UP Excluding tire manufacturing
Electronic, mechanical, and scientific equipment
Manufacturing, assembly, and
repair of electrical and neon
signs including billboards and
commercial advertising
structures
P P -
Manufacturing and assembly
of scientific instruments and
devices, computer hardware
and software,
semiconductors, and
computer chips
P P P
Manufacturing and assembly
of medical equipment P P P
City Council/RSA Agenda 661 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit A (AT-23-003 Clean), Page 8
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Manufacturing and assembly
of, optical goods, watches and
clocks, musical instruments
and camera and photographic
equipment
P P P
Manufacturing and assembly
of machinery, appliances and
fixtures
P UP -
Fabricated metal products
Finishing and plating of metal
products - UP -
Machine shops P P UP
Excluding the use of drop
hammers or punch presses
with a rated capacity of over
twenty (20) tons
Manufacturing and assembly
of fabricated metal products
not elsewhere listed in this
table
P P -
Manufacturing and assembly
of Transportation Equipment SEE BELOW
Assembly of bicycles P P P
Assembly of mass transit
equipment P UP -
Manufacturing and
assembly of motor
vehicles, trailers,
motorcycles, and
associated parts and
equipment not elsewhere
listed in this table
P UP -
Manufacturing and
assembly of mass transit
equipment
P - -
Manufacturing and assembly
of products from previous
prepared materials such as
precious or semi-precious
metal

P UP UP
City Council/RSA Agenda 662 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit A (AT-23-003 Clean), Page 9
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Manufacturing and assembly
of structural steel iron and
pipe including bars, girders,
and rails
P - -
Food and kindred products
Breweries, distilleries, and
wineries P P AUP
On-site tasting rooms for
Breweries, distilleries, and
wineries
- AUP AUP
Including accessory food
service. Outdoor dining areas
subject to the provisions listed
in Section 18.36.190
Indoor farming and
cultivation P P -
Excluding the cultivation of
cannabis or other controlled
substances
Manufacturing and bottling of
Beverages P P Including soft drinks and water
Manufacturing and packing of
bread, bakery, confectionery
and related products
P P -
Manufacturing and packing of
food products P P P
Excluding production of fish or
meat products, sauerkraut,
vinegar or the like, or the
rendering or refining of fats,
oils
Manufacturing and packing of
food products P P -
Including processes such as
baking, cooking, roasting,
pasteurization and extraction
Processing and packing of
Dairy products P - -
Processing and packing of
Meat products UP - - Excluding slaughtering
Sugar refining P - -
Furniture and fixtures
Manufacturing and assembly
of Cabinets
P P P
Manufacturing and assembly
of Household and office
furniture, and fixtures
P P -
Leather and allied products
City Council/RSA Agenda 663 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit A (AT-23-003 Clean), Page 10
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Manufacturing and assembly
of leather products and
associated dyeing
P UP - Excluding tanning and curing
Lumber and wood products
Lumber yards UP* UP -
*Outdoor operations only
permitted in the MG Zoning
District
Manufacturing and assembly
of wooden and cork products,
not elsewhere listed in this
table
P P -
Sawmills UP - -
Paper, printing, publishing, and allied industries
Manufacturing and assembly
of paper and pulp goods not
listed elsewhere in this table
P UP -
Publishing, printing, and
binding of newspapers,
periodicals, books, cards,
forms, blank books and
circulars
P P UP
Stone, clay, and glass products
Gravel, rock and cement yards UP - -
Including batch plans, and
outdoor operations
Fabrication of concrete
products P UP - Excluding batch plants
Manufacturing and assembly
of artisan products P P P Including glass, tile and clay Manufacturing and assembly
of glass and pottery products P P -
Kilns shall be fired only by gas
or electricity
Manufacturing and assembly,
including cutting, polishing,
and setting of jewelry
products and products from
precious or semi-precious
stone
P P P
Textile mill products
City Council/RSA Agenda 664 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit A (AT-23-003 Clean), Page 11
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Manufacturing and assembly
of textile products including
apparel, not elsewhere listed
in this table
P* P* P
*Accessory dyeing and
finishing only Permitted in the
MG and ML Zoning Districts

INDUSTRIAL - WAREHOUSE, WHOLESALE AND DISTRIBUTION
Cold Storage uses that do not
exceed 100,000 square feet UP UP -
Warehouse, wholesale and
distribution uses within
buildings which were built, or
approved by the Economic
and Community Development
Department, prior to August
22, 1996
- P -
Warehouse, wholesale and
distribution uses up to
twenty-five (25,000) within
buildings built since August
22, 1996
- P -
Warehouse, wholesale and
distribution uses over 25,000
square feet within buildings
built since August 22, 1996;
provided, that they either: (1)
generate sales tax revenues
as a point of sale, and/or (2)
Supports an existing Union
City manufacturing or
assembly use with a valid
business license
- AUP -
Warehouse, wholesale, and
distribution uses that do not
exceed then thousand
(10,000) square feet
- - P
City Council/RSA Agenda 665 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit A (AT-23-003 Clean), Page 12
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Warehouse, wholesale, and
distribution uses that do not
exceed twenty-five thousand
(25,000) square feet;
provided, that they either
serve as a point of sale for
taxable goods and/or
supports an existing Union
City manufacturing or
assembly use with a valid
businesses license
- - P

INDUSTRIAL SERVICES
Construction equipment sales
and rentals - P P
Construction equipment
sales and rentals with
accessory service and/or
outdoor storage
- AUP -
Contractor services P P P
Contractor services with
accessory outdoor storage
of equipment or supplies

UP UP -
Incubator spaces AUP AUP
Maker space P P P
Media production studios P P P
Painting, enameling,
lacquering, welding, and
sandblasting shops

UP UP -
Printing, lithographing, and
engraving P P P

OFFICE/LABORATORY/RESEARCH AND DEVELOPMENT
Administrative, executive,
financial and professional
offices
P P UP Excluding medical offices
Engineering and design
services and related facilities P P P
Medical offices - - UP
City Council/RSA Agenda 666 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit A (AT-23-003 Clean), Page 13
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Research and development
services and related facilities P P P
Including life sciences, medical
and pharmaceutical research,
electronics, and computer
science
Veterinarian offices and small
animal hospitals - P UP
Including short-term overnight
boarding of animals for
medical purposes.

RETAIL
Commercial cannabis use - P P
Subject to the zoning
requirements of Chapter

18.117 and the licensure and
regulatory requirements of
Chapter 5.44
Retail catalog and mail order
houses with warehouse and
distribution center that serve
as a point of sales
P P P
Retail sales of office or
business products, specialty
electronics, household
furnishings, appliances, etc
- - P
Retail sale of goods which are
manufactured, processed or
assembled (improved or
developed to a higher use by
machine or by hand) on the
premises
P P P
Retail stores incidental to and
on the same site with a
permitted or conditionally
permitted use
- P P

UTILITIES AND WASTE FACILITIES
Cogeneration plants UP - -
Public utilities, power
stations, electric substations,
service groups, and storage
tanks
P P P
Provided they are fenced and
landscaped
City Council/RSA Agenda 667 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit A (AT-23-003 Clean), Page 14
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Recycling facilities with
accessory outdoor dropoff/sorting and storage of
equipment

UP UP -
Excluding any operations
which entail the recycling of
hazardous materials

MISCELLANEOUS USES
Civic facilities P P P
Industrial planned unit
development UP UP UP Consistent with the requirements of Chapter 18.44

18.40.030 Accessory uses
A. Accessory structures and uses customarily incidental to any of the permitted uses listed in Table

18.40.020 when located on the same lot are permitted.

B. Accessory structures and uses customarily incidental to any of the conditional uses listed in Table

18.40.020 when located on the same lot are permitted only upon the granting of a conditional use permit pursuant to the provisions of Chapter 18.56.

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

D. Accessory structures and uses shall be located within the area of the lot allowed for principal structures and uses and shall conform to the required front, side and rear yard setbacks.

18.40.040 Performance standards
A. New or substantially modified industrial buildings shall be designed to limit warehouse, wholesale and distribution activities to a maximum of seventy-five percent (75%) of the gross floor area of the building with the remaining floor area used for assembly, manufacturing, research and development, sales, showrooms or office uses. This requirement can be waived by the decision maker if it can be found that the new or modified building will further the goals and policies of the Economic Development Element of the City’s General Plan.

B. No use shall be permitted which creates odors, noise, vibration, heat, glare, or electrical disturbance detectable by the human senses without the aid of instruments, beyond the boundaries of the site. However, such uses may be approved by the decision maker, if they specifically find that the use will not result in substandard conditions or otherwise have a detrimental effect on the surrounding properties.

C. Site shall be maintained in good order at all times and consistent with project conditions of approval (if applicable). This shall include, but not be limited to, maintenance and repair of all onsite structures including building façade materials or paint, fencing/walls, signage, paved areas City Council/RSA Agenda 668 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit A (AT-23-003 Clean), Page 15
including sidewalks and driveways, and landscaping, as may be necessary to preserve a highquality aesthetic for the area.

D. All uses shall comply with the regulations pertaining to hazardous materials contained in Chapter 18.43.

E. Additions and modifications to industrial developments shall be designed to integrate with the existing development and shall be consistent with the standards included in Section 18.40.090.

F. All development shall comply with Chapter 7.04 related to management of solid waste, organic waste, and recyclable materials and shall be enclosed within the building or within an enclosure meeting the requirements of Section 7.04.55.

18.40.050 Development standards.

A. Table 18.40.050, Development standards—Industrial Districts, prescribes the development standards for Industrial Districts.

Table 18.40.050 Development standards—Industrial Districts Standard Industrial District
General Industrial (MG) Light Industrial (ML) Special Industrial (MS) Site area,
minimum One acre 20,000 Square feet 20,000 Square feet
Lot coverage,
maximum 75% 60% 60%
FAR, maximum .75 1.0 1.0
Front Yard
setback,
minimum
25 feet 25 feet 25 feet
50 feet when the front street frontage abuts on any district other than another Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE).

Interior side
yard setback,
minimum
10 feet 10 feet 10 feet
50 feet when the front street frontage abuts on any district other than another Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE).

Street side yard
setback,
minimum
10 feet 10 feet
Arterial. A minimum yard
of twenty-five (25) feet
shall be required from the
ultimate right-of-way line,
Other streets. A minimum
yard of ten (10) feet shall
be required from the
ultimate right-of-way line,
50 feet when the front street frontage abuts on any district other than another Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE).

Rear yard
setback,
minimum
10 feet 10 feet 10 feet
50 feet when the front street frontage abuts on any district other than another Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE).

City Council/RSA Agenda 669 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit A (AT-23-003 Clean), Page 16
Table 18.40.050 Development standards—Industrial Districts Standard Industrial District
General Industrial (MG) Light Industrial (ML) Special Industrial (MS) Maximum
height 100 feet
50 feet. This height limit
may be increased to a
maximum of seventy-five
(75) feet where the
decision maker finds that
the increase is necessary
to provide a more
beneficial site layout or
will result in public
benefits/amenities that
could not be achieved
under current zoning
standards.
40 feet. This height limit
may be increased to a
maximum of fifty-five (55)
feet where the decision
maker finds that the
increase is necessary to
provide a more beneficial
site layout or will result in
public benefits/amenities
that could not be achieved
under current zoning
standards.

Landscaping
minimum 10% 10% 15%

18.40.060 Supplemental standards
A. Permitted obstructions in required yards:

1. Roof overhangs as provided in Section 18.24.050.

2. Pedestrian paths.

3. Street access driveways and associated curbing.

4. Parking and loading facilities in side and rear yards not adjoining a street.

5. Signage in conformance with Chapter 18.30.

6. Railroad spur tracks, drill tracks, switches, bumpers, except that such uses shall not be permitted in required yards that adjoin any district other than another Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE).

7. Walls and fences subject to the provision under Section 18.40.060(C).

8. Landscaping and landscape features as provided for in Section 18.40.060(E).

9. Public art.

B. Signage. Signage shall be consistent with Chapter 18.30 and any approved sign plan or planned sign program. Signage shall be designed as an integral element of a building’s architecture and shall be compatible, including color and scale, with the building. A sign plan or planned sign program, consistent with Section 18.30.100, shall be required for any development.

C. Wall and fences

1. In areas outside of the required yards, the maximum height shall be eight (8) feet above the surface of the ground.

City Council/RSA Agenda 670 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit A (AT-23-003 Clean), Page 17

2. In the required rear and side yard, the maximum height shall be eight (8) feet above the surface of the ground.

3. In the required front yard,
a. the maximum height shall be three (3) feet above the surface of the ground, except that tubular streel fences with a maximum height of eight (8) feet may be allowed but shall be setback at least 20 feet from the property line.

4. In the required street side yard,
a. the maximum height shall be three (3) feet above the surface of the ground, except that tubular streel fences with a maximum height of eight (8) feet may be allowed but shall be setback at least 20 feet from the property line.

5. Where a site adjoins a district other than an Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE), a solid wall, at least six (6) feet in height but not greater than eight (8) feet, shall be provided along the property line adjoining the nonindustrial district. Climbing vines, or similar landscaping, shall be provided along the exterior of the wall. When the wall is located within a required front yard, then said wall shall not exceed three (3) feet in height.

6. When explicitly permitted per Table 18.40.020, Any use not conducted entirely within an enclosed structure, shall be screened by a solid wall, not less than six (6) feet or greater than ten (10) feet in height. No materials or equipment shall be stored to a height greater than that the wall.

7. The design of fences and walls shall aesthetically complement the development, be constructed of high-quality materials, be compatible with neighboring yards, fences and structures, and be subject to review and approval by the city prior to installation.

Acceptable materials along street frontages are deemed to be masonry, concrete, and tubular streel. New walls shall include a landscape strip in front to accommodate climbing vines or other suitable plant material to reduce the susceptibility for graffiti. Wire mesh fencing is permitted along non-street facing property lines. The use of barbed wire, razor wire and cyclone (i.e., chain-link) fencing is prohibited.

D. Employee amenity areas. All new development and additions that expand existing floor area by 25 percent or more, resulting in at least 10,000 square feet of floor area, shall provide an employee area of at least 300 square feet in size. The employee use area shall be identified and improved as passive or active recreational space, or indoor or outdoor amenities for the use and enjoyment of employees.

E. Sidewalks and street frontage improvements. Sidewalks, curbs, and gutters along a site’s frontage(s) shall be maintained to the satisfaction of the City Engineer. All new buildings, additions to buildings which increase existing square footage by fifty percent (50%) or more, or projects that include substantial site modifications, shall provide sidewalks, curbs, and gutters if none already exist. Improvements shall be installed consistent with City standards and specifications.

F. Landscaping
City Council/RSA Agenda 671 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit A (AT-23-003 Clean), Page 18

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

2. Projects that include development of a vacant site or substantial modification of a developed site, shall provide landscaped areas that meet the minimums as provided for in Table 18.40.050 for the project site area. Projects that cannot provide the minimum amount of required landscaping shall pay a landscape in-lieu fee in the amount set forth in the City’s Master Fee Schedule subject to approval through the Site development review process.

3. All other areas not utilized for structures or paving shall be landscaped unless otherwise authorized by the decision maker because of site constraints, existing or adjacent site conditions, or phased development.

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

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

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

3. Alternate design, screening, or siting may be considered to meet utility provider requirements.

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

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

2. Pedestrian pathways between buildings and parcels;

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

4. Orientation of outdoor public spaces towards activated ground-floor building frontages.

18.40.070 Off-street parking and loading
A. Off-street parking. For each building constructed or use established, off-street parking shall be provided according to the following standards:

City Council/RSA Agenda 672 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit A (AT-23-003 Clean), Page 19
Table 18.40.070 Off-street parking
Use Minimum off-street parking requirements
Office 1.0 space / 300 square feet
Research and development, laboratory 1.0 space / 500 square feet Manufacturing 1.0 Space / 1000 square feet, and

1.0 Truck/Trailer space / 10,000 square feet
Warehouse, distribution and storage 1.0 Space / 1000 Square feet, and

1.0 Space/ 300 Square feet of at least 25% of the gross floor area of the building and

1.0 Truck/Trailer space / 10,000 square feet
Other uses See Section 18.36.150

1. Flex industrial buildings built without an end user selected and/or on speculation shall provide a minimum of one (1) parking space for each three hundred (300) square feet of the gross floor area for twenty-five percent (25%) of the building in addition to providing parking for the remaining seventy-five percent (75%) of the gross floor area consistent with the standards listed above.

2. All parking areas shall be designed and maintained in accordance with the provisions of Chapter 18.28.

3. In addition to the minimums above, one (1) parking space for each vehicle used in the conduct of the enterprise shall be provided.

4. Off-street parking requirements for other uses shall be provided on the same basis as required for the most similar use or as determined by the decision maker.

5. Truck trailer parking spaces shall have a minimum dimension of twelve (12) feet by fiftyfive (55) feet when parked perpendicular and twelve (12) feet by sixty-five (65) feet when parked parallel.
a. The number of truck trailer parking spaces required by section 18.40.070 may be decreased by the decision maker for a specific use if it is found that such use will not create as great a need for truck trailer parking and that the use is reasonably likely to continue for at least ten (10) years.
b. The number of truck trailer parking spaces required by section 18.40.070 may be increased by the decision maker if it is found that a use will create an additional need for truck trailer parking.

6. When determined necessary by the decision maker to reasonably serve the anticipated use, visitor parking, in addition to the above requirements, shall be provided.

7. Parking structures.

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Exhibit A (AT-23-003 Clean), Page 20
a. Parking structure facades shall be designed as compatible visual extensions of the primary buildings.
b. Auto entries shall be located in a manner that minimizes pedestrian/auto conflicts.
c. Decorative screening or other decorative element constructed of durable, highquality materials shall be provided on parking structure facade.

B. Off-street loading: For each building constructed or use established, off-street loading shall be provided according to the following:

1. Loading docks and berths shall be provided adequate to serve the use. Such facilities shall be located to the side and rear of buildings and shall be adequately screened and landscaped so as to not be visible from the public rights-of-way. Truck loading areas and activities shall not conflict with on-site circulation and parking. All truck loading doors and docks shall be screened from view by an architecturally acceptable decorative wall or other acceptable alternative which does not encroach into required landscaped areas.

2. Loading berths. Loading berths shall be a minimum of ten (10) feet wide by twenty-five (25) feet long.

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

Table 18.40.080 Bicycle Parking
Use Short-term bicycle
parking requirements
Long-term bicycle
parking requirements
Retail 1.0 space / 3,000 square feet 1.0 space / 10,000 square feet Office, research and
development, lab

1.0 space/20,000 square feet
Minimum of 2 spaces

1.0 space/ 7,000 square feet
Minimum of 2 spaces
Manufacturing,
warehouse, distribution
and Storage

1.0 space/20,000 square feet
Minimum of 2 spaces

1.0 space/ 7,000 square feet
Minimum of 2 spaces
B. Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080.

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

D. The number of required bicycle parking facilities may be increased by the decision maker for a specific use if it is found that such a use shall create a greater demand for these facilities.

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Exhibit A (AT-23-003 Clean), Page 21

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

1. To minimize overall massing building elevation shall incorporate the following:
a. Variations in wall plane, wall height, trim or reveals, entry and window openings, and/or varying colors and materials; and
b. Detailing including elements such as recesses, columns, living walls, score lines, reveals, trellises, lighting, or other features to create shadow patterns and depth on building elevations; and
c. Other elements as required by the decision maker

2. Blank walls should not occupy over thirty percent (30%) of the principal frontage, and a section of blank wall should not exceed twenty (20) linear feet without being interrupted by a variation in wall plane, wall height, trim or reveals, entry and window openings.

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

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

4. A minimum of fifty percent (50%) of the building wall area located within twenty (20) feet of the midpoint of a primary building entrance shall be comprised of transparent windows or openings. Glass is considered transparent where it has a transparency higher than eighty percent (80%) and external reflectance of less than fifteen percent (15%).

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

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

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

3. Other Metal

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

5. Brick, natural clay colors;

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

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

9. Ceramic tile

10. Cement plaster

11. Wood.

Chapter 18.43: Use of Hazardous Materials

18.43.010 Purpose.

Other provisions of this chapter and Title 15 notwithstanding, all use of hazardous materials shall be as regulated herein. Hazardous materials are substances which are capable of posing risk to health, safety property or the environment. The hazard potential of a substance is based on its chemical properties, on the quantity of the material at a site, how it is stored and how it is used. The intent of this chapter is to reduce or eliminate hazards to the general public, including sensitive receptors, resulting from the potentially inappropriate location of facilities that use or store hazardous materials.

18.43.020 Standards.

The permitted on-site quantities and uses of hazardous materials shall be as listed in Table 18.43.050.

18.43.030 Hazardous materials classifications.

Hazard categories or classifications are defined in current Fire Code and Appendices for the City of Union City. Additional definitions are based on the definitions in Article I of Chapter 8.35 of the U.S. Department of Transportation (DOT) Code of Federal Regulations (CFR), Title 49, Parts 100 to 177, and in the Hazardous Materials Table, 49 CFR, Part 172.101, and as the foregoing may be amended. Hazardous materials classifications are listed below:

A. Group A representing those materials that pose a higher risk; B. Group B representing those materials that pose a more moderate risk; and C. Group C representing those materials that pose the least risk to health, safety, or property.

For purposes of this chapter, the table and table notes in Section 18.43.050 identify the categories of hazardous materials for each group.

18.43.040 Definition of hazardous materials facilities.

A. Bulk Plant (BP). Hazardous materials at the bulk plant level are manufactured, processed, or packaged but are not used on-site. Materials may be stored in large containers, railcars, tankers, drums, or cylinders. Bulk plant quantities are larger than the amount transported in or out in any single shipment.

B. Bulk Distribution Plant (BD). Hazardous materials at the bulk distribution plant level are collected, repackaged, and/or blended prior to being transported to other facilities. Materials are transported to the site in unpackaged form and are transferred to storage containers by hose, City Council/RSA Agenda 676 Tuesday, July 11, 2023
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Exhibit A (AT-23-003 Clean), Page 23
pipeline or conveyor belt from railcars, tankers, large containers or drums. Materials are stored until transported out as finished or semi-finished products.

C. Large User Site (LU). Hazardous materials at a large user site are used as part of on-site operations.

Materials are stored and used in various sized containers. Container size will vary depending on the nature of the on-site operations. Hazardous materials are used in processes to obtain finished goods which are not hazardous materials which then may be used on-site or shipped out. On-site storage of hazardous materials exceeds the following quantities: two hundred thousand (200,000) pounds for solids, twenty thousand (20,000) gallons for liquids, and eighty thousand (80,000) cubic feet at STP for compressed gases.

D. Large Storage Plant (LS). Hazardous materials at the large storage plant level are stored until they are distributed to other facilities. On-site storage of hazardous materials exceeds the following quantities: two hundred thousand (200,000) pounds for solids, twenty thousand (20,000) gallons for liquids, and eighty thousand (80,000) cubic feet at STP for compressed gases. Materials are warehoused in closed containers. No transfer of materials from one container to another takes place on-site. Containers may be handled individually, palletized, or unitized for purposes of transportation. Packaging types may include cylinders, drums, boxes or portable tanks.

E. Medium User Site (MU). Hazardous materials at the medium user site are used as part of on-site operations. Materials are stored and used in various sized containers. Container size will vary depending on the nature of the on-site operations. Hazardous materials are used in processes to obtain finished goods which are not hazardous materials which then may be used on-site or shipped out. On-site storage of hazardous materials is between twenty-five thousand (25,000) to two hundred thousand (200,000) pounds for solids, two thousand seven hundred fifty (2,750) to twenty thousand (20,000) gallons for liquids, and ten thousand (10,000) to eighty thousand (80,000) cubic feet at STP for compressed gases.

F. Medium Storage Plant (MS). Hazardous materials at the medium storage plant are stored until they are distributed to other facilities. On-site storage of hazardous materials is between twentyfive thousand (25,000) to two hundred thousand (200,000) pounds for solids, two thousand seven hundred fifty (2,750) to twenty thousand (20,000) gallons for liquids, and ten thousand (10,000) to eighty thousand (80,000) cubic feet at STP for compressed gases. Materials are warehoused in closed containers. No transfer of materials from one container to another takes place on site.

Containers may be handled individually, palletized, or unitized for purposes of transportation.

Packaging types may include cylinders, drums, boxes, or bottles.

G. Small User Site (SU). Hazardous materials at a small user site are used as part of on-site operations.

Materials are stored and used in various sized containers. Container size will vary depending on the nature of the on-site operations. Hazardous materials are used in processes to obtain finished goods which are not hazardous materials which then may be used on-site or shipped out. On-site storage of hazardous materials does not exceed twenty-five thousand (25,000) pounds for solids, two thousand seven hundred fifty (2,750) gallons for liquids, and ten thousand (10,000) cubic feet at STP for compressed gases.

H. Small Storage Plant (SS). Hazardous materials at the small storage plant site are stored until they are distributed to other facilities. On-site storage of hazardous materials does not exceed twentyCity Council/RSA Agenda 677 Tuesday, July 11, 2023 Planning Commission, June 15, 2023
Exhibit A (AT-23-003 Clean), Page 24
five thousand (25,000) pounds for solids, two thousand seven hundred fifty (2,750) gallons for liquids, and ten thousand (10,000) cubic feet at STP for compressed gases. Materials are warehoused in closed containers. No transfer of materials from one container to another shall take place on-site. Containers may be handled individually, palletized, or unitized for purposes of transportation. Packaging types may include cylinders, drums, boxes, or bottles.

18.43.045 Quantity range definitions.

Range
Number
Range Amounts

1. Up to and including 500 pounds for solids, 55 gallons for liquids and 200 cubic feet at NTP for compressed gases.

2. Between 500 and 5,000 pounds for solids, 55 and 550 gallons for liquids and 200 to 2,000 cubic feet at NTP for compressed gases.

3. Between 5,000 and 25,000 pounds for solids, 550 and 2,750 gallons for liquids and 2,000 to 10,000 cubic feet at NTP for compressed gases.

4. Between 25,000 and 50,000 pounds for solids, 2,750 and 5,500 gallons for liquids and 10,000 to 20,000 cubic feet at NTP for compressed gases.

5. More than 50,000 pounds for solids, 5,500 gallons for liquids and 20,000 cubic feet at NTP for compressed gases.

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

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

Table 18.43.050 Use table for on-site storage of hazardous materials Type of Facility
Zoning District

MG ML MS SEE CMUE
Group A chemicals and materials*: Class 3 and 4 oxidizers, compressed gases (corrosive, highly toxic, toxic, pyrophoric, unstable), cryogens (highly toxic, toxic, corrosive, pyrophoric, unstable), explosives and blasting agents, germ cell mutagenicity materials, highly toxic materials, materials that in contact with water emit flammable gas, organic peroxides (unclassified, Class I and Class II), pyrophoric materials, radioactive materials (gamma emitters), self-heating materials, self-reactive materials, unstables/reactives (Class 3 and Class 4), water reactive materials (Class 3) Bulk Plant - - - - -
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Table 18.43.050 Use table for on-site storage of hazardous materials Type of Facility
Zoning District

MG ML MS SEE CMUE
Bulk Distribution - - - - -
Large User Site UP UP UP UP UP
Large Storage Plant UP UP UP UP UP
Medium User Site UP UP UP UP UP
Medium Storage Plant UP UP UP UP UP
Small User Site AUP AUP AUP AUP AUP
Small Storage Plant AUP AUP AUP AUP AUP
Group B chemicals and materials*: Carcenogenic materials, combustible dust, compressed gases (flammable and oxidizing), corrosive liquids and solids, cryogens (flammable and oxidizing), flammable liquids, flammable solids, organic peroxide materials (Class III, Class IV, Class V), oxidizing materials (Class 1 and Class 2), radioactive materials (alpha and beta emitters), reproductive toxicity materials, target organ toxins, toxic materials, unstable/reactive materials (Class 1 and Class 2), water reactive materials (Class 1 and Class 2)
Bulk Plant - - - - -
Bulk Distribution - - - - -
Large User Site UP UP UP UP UP
Large Storage Plant UP UP UP UP UP
Medium User Site P P AUP AUP AUP
Medium Storage Plant P P AUP AUP AUP
Small User Site P P P P P
Small Storage Plant P P P P P
Group C chemicals and materials*: combustible liquids and solids, compressed gases (inerts), cryogens (inerts), irritant materials, materials identified as hazard not otherwise classified, and sensitizer materials.

Bulk Plant - - - - -
Bulk Distribution UP - - - -
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Exhibit A (AT-23-003 Clean), Page 26
Table 18.43.050 Use table for on-site storage of hazardous materials Type of Facility
Zoning District

MG ML MS SEE CMUE
Large User Site UP UP UP UP UP
Large Storage Plant UP UP UP UP UP
Medium User Site P P P P P
Medium Storage Plant P P P P P
Small User Site P P P P P
Small Storage Plant P P P P P
* All chemical and material types listed above are included for reference purposes only. Final determination of hazard classification will be made by the Environmental Programs Division.

A. Table notes.

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

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

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

4. The following exemptions from the requirements of this chapter shall apply:
a. Storage, use or handling of the following gases in any quantities, whether in a gaseous, liquefied or cryogenic physical state: air (non-enriched), argon, helium, krypton, neon, nitrogen, and xenon. This exemption does not apply to bulk plants or bulk distribution plants.
b. Storage, use or handling of hazardous materials in quantities less than fifty-five (55) gallons, five hundred (500) pounds, and two hundred (200) cubic feet, for liquids, solids City Council/RSA Agenda 680 Tuesday, July 11, 2023
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Exhibit A (AT-23-003 Clean), Page 27
and gases respectively. This exemption does not apply to acutely hazardous materials and extremely hazardous substances, as defined in the Code of Federal Regulations and the California Health and Safety Code, which may require a CUPA permit from the Environmental Programs Division or preparation of a Risk Management Plan. c. Radioactive materials that are licensed, sealed sources, used for instruments, calibration devices and similar equipment, and materials exempted from regulation by the United States Nuclear Regulatory Commission.
d. On-site retail sales of common household hazardous materials in containers sized and packaged for use by the general public.

5. Ammonia refrigeration systems are subject to the provisions of this chapter.

B. Table qualifiers. In addition to the regulations set forth in this chapter, all storage and use of hazardous materials must be in conformance with the provisions of Federal, State, and local laws and regulations, Uniform Codes and referenced standards, as may be amended.

Chapter 18.76 Site Development Review

18.76.010 Purpose.

Site development review is intended to promote orderly, attractive and harmonious development and the stability of land values and investments and the general welfare, by preventing the establishment of uses or the erection or maintenance of structures having unsightly, undesirable or obnoxious qualities which are not properly related to their sites, surroundings and traffic circulation in the vicinity, or which would not meet the specific intent clauses or performance standard requirement of the zoning title.

18.76.020 Applicability.

A. The site development review procedure shall apply to all proposed projects in all districts established under Title 18: Zoning.

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

C. The site development review procedure shall not apply to City projects on City-owned properties.

18.76.030 Application, fees and exhibits.

A. An application for a site development review shall be made to the Planning Commission on a form prescribed by the Director which shall include the following data:

1. Name and address of the applicant;

2. Statement that the applicant is the owner of the property or is the authorized agent of the owner;

3. Address or description of the property;
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Exhibit A (AT-23-003 Clean), Page 28

4. Statement indicating the precise manner of compliance with each of the applicable provisions of this title together with any other data pertinent to the findings prerequisite to the granting of a site development review prescribed in this chapter; B. The application shall be accompanied by the items identified in the Formal Application Checklist as prescribed by the Director.

C. The application shall be accompanied by a fee in an amount established by resolution of the City Council.

D. All applications for site development review shall be filed through the Director for review and approval or disapproval by the Planning Commission prior to the issuance of any building permits.

18.76.040 Investigation.

The Director, upon receipt of an application for site development review, shall make such investigations as are necessary to determine whether or not the proposed use or structure conforms or may be conditioned to conform fully to the regulations for the district as herein set forth.

Such investigations shall include reports, upon referral, to other departments of the City, and any other public agency or district concerned.

If, in the opinion of the Director, the proposed use may cause the emission of dangerous or objectionable noise, odors, lights, dust, smoke or vibrations, the Director, with the consent of the applicant, may refer the application for investigation and report to one or more expert consultant(s) who shall report in writing to the Director and a copy of such report shall be furnished to the applicant. The applicant shall be required to pay the fee for services of the consultant(s).

At the conclusion of such investigation, the Director shall prepare a report thereon which shall be submitted to the Planning Commission.

18.76.045 Findings for approval.

A. All of the following findings are required for approval of a site development review:

1. Approval of this application is consistent with the General Plan and any applicable specific plans;

2. Approval of this application is consistent with the purposes of this title and the requirements of the district in which the site is located;

3. Approval of this application is consistent with the purpose of site development review as outlined in Section 18.76.010.

B. A site development review may be revocable and may be granted subject to such conditions as are necessary to support the above findings.

C. The above findings are also required for any approval on appeal, or approval of a modification to a site development review.

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18.76.050 Planning Commission public hearing—Notice.

The Planning Commission shall hold a public hearing for any application for a site development review permit. Notice of the public hearing shall be given pursuant to Section 18.52.082.

18.76.080 Planning Commission decision and appeals.

A. The Planning Commission may grant an application for a site development review as applied for or in modified form, if on the basis of the application and the evidence submitted, the Commission finds that the application complies with the findings set forth in Section 18.76.045. The Planning Commission may adopt additional conditions of approval as the facts warrant.

B. The Planning Commission may deny an application for site development review.

C. Decisions of the Planning Commission and appeals of such decisions shall be made in accordance with the provisions of Section 18.52.088.

18.76.095 Site development review modifications.

Applications to modify any site development review approval or any condition of approval shall be subject to the same procedures and regulations as those applicable to the original application.

In the event a site development review application is approved on property previously affected by a site development review approval, the previous approval and its conditions shall be null and void.

18.76.100 Site development review approval expiration.

A site development review approval shall be valid for one (1) year following the date on which the application became effective. The approval shall become null and void unless prior to the expiration of the year a building permit is issued by the Building Department and construction is commenced and diligently pursued toward completion on the site which was the subject of the site development review application or a certificate of occupancy is issued by the Building Department for the site or structure which was the subject of the site development review application. The phrase “construction is commenced” shall be defined for the purposes of this provision to mean the progress of actual building activity on the site in accordance with a valid building permit to a point such that the first inspection under the Uniform Building Code has been completed, including but not necessarily limited to the inspection of installed footings, reinforced steel, utility, plumbing, and electrical conduits and/or services and all other work or activity customarily and typically inspected prior to the first pouring of foundation concrete.

Completion of only site preparation activities such as site clearance, grading or excavation without commencement of actual building activity shall not constitute commencement of construction.

In the case where site development review approval was granted either concurrently with, or subsequently consistent with, an approved residential tentative map, the site development review approval shall be valid through the duration of the tentative map, as specified by Section 66452.6 of the California State Subdivision Map Act.

18.76.105 Site development review extension.

A. A site development review approval may be extended for an additional period of time not to exceed one (1) year no more than two (2) times. Each such request for extension must be submitted in writing City Council/RSA Agenda 683 Tuesday, July 11, 2023
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Exhibit A (AT-23-003 Clean), Page 30
to the Zoning Administrator prior to the expiration date of the site development review approval. The request for extension shall be accompanied by a fee in an amount established by resolution of the City Council. The Zoning Administrator may grant or deny an application for extension of a site development review approval. The Zoning Administrator may grant an extension if he or she finds that there has been no substantial change in the facts or circumstances present when the original application was approved.

B. Upon expiration of the site development review extension, the project shall be deemed to be expired and shall become null and void. Upon expiration, approval of a new site development review application shall be required prior to commencing with the project.

18.76.110 New application.

Following the denial of a site development review application, no application for the same or substantially the same project on the same or substantially the same site shall be filed within one (1) year from the date of denial of the application.

City Council/RSA Agenda 684 Tuesday, July 11, 2023
EXHIBIT B (AT-23-003 REDLINES)
Chapter 18.08 DEFINITIONS

18.08.045 Automobile rental.
“Automobile rental” means a facility engaged in the rental and leasing of new and used automobiles, trucks, trailers, motorcycles, mopeds, and recreation vehicles and supplies, including storage of said vehicles.

18.08.047 Automobile sales.
“Automobile sales” means a facility engaged in the retail sales and services of new automobiles, trucks, trailers, motorcycles, mopeds, and recreation vehicles and supplies. Accessory sales of used automobiles, trucks, trailers, motorcycles, mopeds, and recreation vehicles may be permitted.

18.08.060 Automobile wrecking yard.

See “salvage yard” definition.

18.08.073 Bank and financial institutions.
“Bank and financial institutions” means an establishment which provides services to meet the financial needs of its customers (i.e., checking account services, mortgage broker services, etc.). This use does not include check cashing businesses as defined in Section 18.08.168 or payday loan facility as defined in Section 18.08.486.

18.08.073 074 Bar.
“Bar” means a business where alcoholic beverages (including beer, wine, liquor, and mixed drinks) are sold for on-site consumption as a primary use, which is not part of a larger full service/sit down restaurant.

Includes taverns, wine bars, pubs, lounges, and similar establishments where any food service is subordinate to the sale of alcoholic beverages.

18.08.074 075 Bed and breakfast establishment.
“Bed and breakfast establishment” means a building of residential character containing no more than five (5) sleeping units for rent by tourists on a temporary basis not to exceed a stay exceeding fourteen (14) calendar days in any month. A bed and breakfast establishment may also serve meals to guests as part of the guest fee and shall provide for a resident-manager.

18.08.075 076 Bicycle parking facility.

A “bicycle parking facility” is a device that is used to securely store bicycles. A bicycle parking facility can either be a bicycle locker or rack designed and installed in conformance with the design criteria listed in Section 18.28.080 or 18.28.090.

18.08.076 077 Bingo games.
“Bingo games” means the establishment of a game of chance open to the public in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols City Council/RSA Agenda 685 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (AT-23-003 Redlines), Page 2
selected at random in accordance with Section 326.5 of the California State Penal Code and Chapter 5.32 of the Union City Municipal Code. For the purposes of the zoning ordinance, bingo games shall include conduct of such games as either the primary use of land or as a use that is accessory to a primary use of land.

18.08.077 078 Biotechnology.
“Biotechnology” is the industrial use of living organisms (or parts of living organisms) in applications in medicine, agriculture, or other products. Biotechnology can include fermentation and plant and animal hybridization, which may include animal testing, protein separation technologies, and genomics and combinational chemistry.

18.08.156 Business services.
“Business services” means a facility that provides support services for businesses or the public for a fee.

These services include copying, printing, mailing, design, data processing and sign shops, etc.

18.08.175 Conference center.

A “Conference center” means a facility for conventions, conferences, trade shows, festivals, and other events held within a facility designed and approved for this purpose.

18.08.176 Construction equipment sales and rental.
“Construction equipment sales and rental” means a facility which provides construction equipment and related commodities to the public for sale or rental, and accessory servicing of that equipment.

18.08.177 Contractor services.
“Contractor services” means a facility providing general contracting and/or building construction services, including general building, plumbing, electrical, air conditioning, carpentry, and other trade contractors.

18.08.175 178 Convenience market.
“Convenience market” means an activity that includes the retail sale of food, beverages, and personal convenience items, primarily for off-premises consumption and typically found in establishments with long or late hours of operation and in a building of less than three thousand (3,000) square feet.

Convenience markets may sell beer and wine but shall be considered liquor stores if hard liquor is sold on site. Excluded from this definition are delicatessens, specialty food shops, and establishments which have a sizeable assortment of fresh fruits and vegetables and fresh cut meat.

18.08.190 Director.
“Director” means Economic and Community Development Director. The Director is the executive head of the Office of Economic and Community Development Department appointed by the City Manager to administer the zoning title. The Director also functions as the “Zoning Administrator.”

18.08.246 Engineering and design services.

City Council/RSA Agenda 686 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (AT-23-003 Redlines), Page 3
“Engineering and design services” means an establishment primarily engaged in engineering and drafting services including architectural services. Usually includes office and drafting equipment, including blueprint machines.

18.08.266 Food Truck.

A ‘Food Truck” means any motorized vehicle or trailer used as a mobile vending vehicle that sells food or beverages in the operation of a business.

18.08.266 267 Gas station marketeer.

A “gas station marketeer” is:

A. An enclosed area located on a gasoline service station site, where merchandise that is not considered accessory to the normal operation and maintenance of automobiles is sold. This merchandise includes convenience food items such as sodas, nonalcoholic beverages, chips, cookies, ice cream, and other snack items and also nonfood items.

B. Additionally, the use of refrigerated display cases to which the general public has access constitutes a marketeer. However, a service station may have up to four (4) coin-operated vending machines and may sell cigarettes over the counter only without being considered a marketeer.

18.08.291 Incubator Space
“Incubator Space” means a facility managed by a third-party that helps startup companies and individual entrepreneurs develop their businesses by providing services such as mentorship and advice, office or lab space, access to investors or capital, equipment, networking and learning opportunities.

18.08.396 Maker space.
“Maker space” means a facility where shared manufacturing tools, such as 3-D printers, laser cutters, and traditional arts and crafts supplies, are used for the fabrication, of physical products and not for mass production.

18.08.401 Manufacturing and assembly.
“Manufacturing and assembly” means a use that is principally devoted to manufacturing processes and may include accessory research and development, administrative, and warehousing activities.

18.08402. Manufacturing process.
“Manufacturing process” means the fabrication, processing, assembly, or blending of organic or inorganic materials and/or substances into new products.

18.08.403 Media production studio.
“Media production studio” means a facility for the production of motion pictures, television, video, sound, graphics and other communications. Accessory uses include incidental rehearsal and broadcasting uses; however, use does not include transmission towers. This may also include incidental office use, retail sales, and indoor storage of equipment related to the recording uses.

18.08.486 Payday loan facility.

City Council/RSA Agenda 687 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (AT-23-003 Redlines), Page 4
“Payday loan facility” means a facility primarily engaged in the business of advancing funds to customers in situations where the customer uses their entitlement to a future paycheck from some other source as collateral for the loan, and for which the customer pays a fee (percentage or otherwise) for the advancement.

18.08.487 Personal services.
“Personal services” means a use providing services of a personal convenience including beauty salons, barber shops, dressmaking/tailoring, hair removal, nail salons, photographic and portrait studios, shoe repair shops, travel agency, and similar uses. Excluded from this definition are massage, check cashing, and any other personal service type use specifically listed within district regulations.

18.08.520 Salvage yard.

A “salvage yard” includes automobile wrecking yards and includes any area of more than two hundred (200) square feet for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.

CHAPTER 18.36 COMMERCIAL DISTRICTS

18.36.050 Required conditions.

H. Other provisions of this chapter notwithstanding, all storage, handling or other use of hazardous materials shall be subject to the provisions of Sections 18.40.410 through 18.40.450Chapter 18.43 of this title.

Chapter 18.40 is repealed and replaced in its entirety.

CHAPTER 18.40 INDUSTRIAL DISTRICTS

18.40.010 Purpose
The Industrial Districts are as follows:

General Industrial (MG): The purpose of the MG District is to provide space for a broad range of light to heavy industrial uses, including manufacturing, transportation, warehousing, and distribution uses. It is applied where unsightliness, noise, odor, traffic, and the hazards associated with certain industrial uses will not impact residential, commercial, schools, other less intense use areas.

Light Industrial (ML): The purpose of the ML District is to provide space for light manufacturing, assembly, and distribution of manufactured products, R&D facilities, industrial supply, incidental warehousing, offices, parking, and supportive sales, which evidence no or very low nuisance characteristics. The ML District promotes high quality industrial and office park developments. The district applies to areas where nuisance characteristics of noise, odor, traffic generation, unsightliness, or hazardous materials manufacturing or storage are undesirable. Performance standards are applied to ensure minimum potential for adverse effects, that any unavoidable adverse effects are contained on-site, and that the general objective of a high standard of property and use maintenance is met.

City Council/RSA Agenda 688 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (AT-23-003 Redlines), Page 5
Special Industrial (MS): The purpose of the MS District is to provide space for lightest industrial operations, including limited manufacturing, assembly, distribution of manufactured products, R&D facilities, incidental industrial supply, incidental warehousing, offices, and supportive sales, as well as limited commercial uses along major arterials. The MS District promotes high quality industrial and office park developments. The district applies to areas where nuisance characteristics of noise, odor, traffic generation, unsightliness or hazardous materials storage or handling are avoided, and almost all uses will be conducted entirely within enclosed buildings.

18.40.020 Land use regulations—Industrial Districts
Table 18.40.020 Land use regulations—Industrial Districts sets the land use regulations for the Industrial Districts by letter designation as follows unless a use or activity is prohibited or subject to a higher level of permit pursuant to other parts of this Section, other requirements of the Union City Municipal Code, or other applicable regulations:
"P" designates permitted uses.
"AUP" designates uses that are permitted subject to approval of an Administrative Use Permit (Chapter 18.54).
"UP" designates uses that are permitted subject to approval of a Conditional Use Permit (Chapter 18.56).
"-" designates uses that are not allowed.

Any other use determined by the decision maker to be essentially the same or very similar to the uses in in Table 18.40.020 may be permitted. In making this determination, the findings required under Section

18.52.060 shall be addressed. Land uses defined in the Union City Municipal Code and not listed in the table or not found to be substantially similar to the uses below are prohibited. Unless otherwise explicitly stated, all uses shall be conducted within a permanent building.

Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes

ASSEMBLY, EDUCATION AND RECREATION
Conference center - - UP
Fitness and recreational
facilities - - UP
Hotel - UP UP
Including accessory
commercial and business
services uses
Professional trade schools
and colleges - - UP Limited to programs serving persons 18 years or older

AUTOMOBILE
Automobile rentals - P P
Automobile repair and service - UP -
Including auto body and paint
shops
City Council/RSA Agenda 689 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (AT-23-003 Redlines), Page 6
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Automobile sales of new
vehicles - - UP Accessory used vehicles sales and service uses permitted Service stations - UP -
Subject to the following
conditions:

1. All operations except the
sale of fuel and oil shall be
conducted in a building
enclosed on at least three (3)
sides

2. Pump Island shall be
located not closer than twenty
(20) feet to any property line

3. No sale of alcoholic
beverages or food products

4. No service station
marketeer

COMMERCIAL SERVICES
Banks and financial
institutions - - UP
Business services - P UP
Child day care center - - UP
When conducted as an integral
part of a main building or on a
proximate site/campus and
where the parent(s) or
guardian(s) of children using
such facility remain on site, or
on a proximate site
Food service - - UP Excluding Drive-through uses
Live music (non-amplified) - - AUP
At food service uses and
subject to the provisions of
Section 18.36.195(A)
Outdoor dining areas - - AUP
At food service uses and
subject to the provisions listed
in Section 18.36.190
Food truck P P -
On private property, with
property owner permission
and up to 2 hours
INDUSTRIAL – MANUFACTURING AND ASSEMBLY
Building martials and products
Manufacturing and assembly
of prefabricated structures P P -
City Council/RSA Agenda 690 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (AT-23-003 Redlines), Page 7
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Manufacturing and assembly
of porcelain and ceramic
products including bathroom
and kitchen fixtures and
equipment
P P -
Kilns shall be fired only by gas
or electricity
Manufacturing and assembly
of building paper and building
board
P - -
Manufacturing and assembly
of building materials not
elsewhere listed in this table.

UP UP -
Chemicals and allied products manufacturing
Manufacturing of candle and
paraffin products P UP UP Excluding the rendering of products Manufacturing and assembly
of pharmaceuticals and
products from the life
sciences and biotechnology
industries
P P P
Manufacturing of soap,
detergents, and cleaning
preparations
P UP -
Excluding the refining or
rendering of fats and oils
Manufacturing of perfumes,
cosmetics, and other toiletries
preparations
P UP -
Excluding the refining or
rendering of fats and oils
Manufacturing and assembly
of plastic and rubber
products,
P UP UP Excluding tire manufacturing
Electronic, mechanical, and scientific equipment
Manufacturing, assembly, and
repair of electrical and neon
signs including billboards and
commercial advertising
structures
P P -
Manufacturing and assembly
of scientific instruments and
devices, computer hardware
and software,
semiconductors, and
computer chips
P P P
Manufacturing and assembly
of medical equipment P P P
City Council/RSA Agenda 691 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (AT-23-003 Redlines), Page 8
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Manufacturing and assembly
of, optical goods, watches and
clocks, musical instruments
and camera and photographic
equipment
P P P
Manufacturing and assembly
of machinery, appliances and
fixtures
P UP -
Fabricated metal products
Finishing and plating of metal
products - UP -
Machine shops P P UP
Excluding the use of drop
hammers or punch presses
with a rated capacity of over
twenty (20) tons
Manufacturing and assembly
of fabricated metal products
not elsewhere listed in this
table
P P -
Manufacturing and assembly
of Transportation Equipment SEE BELOW
Assembly of bicycles P P P
Assembly of mass transit
equipment P UP -
Manufacturing and
assembly of motor
vehicles, trailers,
motorcycles, and
associated parts and
equipment not elsewhere
listed in this table
P UP -
Manufacturing and
assembly of mass transit
equipment
P - -
Manufacturing and assembly
of products from previous
prepared materials such as
precious or semi-precious
metal

P UP UP
City Council/RSA Agenda 692 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (AT-23-003 Redlines), Page 9
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Manufacturing and assembly
of structural steel iron and
pipe including bars, girders,
and rails
P - -
Food and kindred products
Breweries, distilleries, and
wineries P P AUP
On-site tasting rooms for
Breweries, distilleries, and
wineries
- AUP AUP
Including accessory food
service. Outdoor dining areas
subject to the provisions listed
in Section 18.36.190
Indoor farming and
cultivation P P -
Excluding the cultivation of
cannabis or other controlled
substances
Manufacturing and bottling of
Beverages P P Including soft drinks and water
Manufacturing and packing of
bread, bakery, confectionery
and related products
P P -
Manufacturing and packing of
food products P P P
Excluding production of fish or
meat products, sauerkraut,
vinegar or the like, or the
rendering or refining of fats,
oils
Manufacturing and packing of
food products P P -
Including processes such as
baking, cooking, roasting,
pasteurization and extraction
Processing and packing of
Dairy products P - -
Processing and packing of
Meat products UP - - Excluding slaughtering
Sugar refining P - -
Furniture and fixtures
Manufacturing and assembly
of Cabinets
P P P
Manufacturing and assembly
of Household and office
furniture, and fixtures
P P -
Leather and allied products
City Council/RSA Agenda 693 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (AT-23-003 Redlines), Page 10
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Manufacturing and assembly
of leather products and
associated dyeing
P UP - Excluding tanning and curing
Lumber and wood products
Lumber yards UP* UP -
*Outdoor operations only
permitted in the MG Zoning
District
Manufacturing and assembly
of wooden and cork products,
not elsewhere listed in this
table
P P -
Sawmills UP - -
Paper, printing, publishing, and allied industries
Manufacturing and assembly
of paper and pulp goods not
listed elsewhere in this table
P UP -
Publishing, printing, and
binding of newspapers,
periodicals, books, cards,
forms, blank books and
circulars
P P UP
Stone, clay, and glass products
Gravel, rock and cement yards UP - -
Including batch plans, and
outdoor operations
Fabrication of concrete
products P UP - Excluding batch plants
Manufacturing and assembly
of artisan products P P P Including glass, tile and clay Manufacturing and assembly
of glass and pottery products P P -
Kilns shall be fired only by gas
or electricity
Manufacturing and assembly,
including cutting, polishing,
and setting of jewelry
products and products from
precious or semi-precious
stone
P P P
Textile mill products
City Council/RSA Agenda 694 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (AT-23-003 Redlines), Page 11
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Manufacturing and assembly
of textile products including
apparel, not elsewhere listed
in this table
P* P* P
*Accessory dyeing and
finishing only Permitted in the
MG and ML Zoning Districts

INDUSTRIAL - WAREHOUSE, WHOLESALE AND DISTRIBUTION
Cold Storage uses that do not
exceed 100,000 square feet UP UP -
Warehouse, wholesale and
distribution uses within
buildings which were built, or
approved by the Economic
and Community Development
Department, prior to August
22, 1996
- P -
Warehouse, wholesale and
distribution uses up to
twenty-five (25,000) within
buildings built since August
22, 1996
- P -
Warehouse, wholesale and
distribution uses over 25,000
square feet within buildings
built since August 22, 1996;
provided, that they either: (1)
generate sales tax revenues
as a point of sale, and/or (2)
Supports an existing Union
City manufacturing or
assembly use with a valid
business license
- AUP -
Warehouse, wholesale, and
distribution uses that do not
exceed then thousand
(10,000) square feet
- - P
City Council/RSA Agenda 695 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (AT-23-003 Redlines), Page 12
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Warehouse, wholesale, and
distribution uses that do not
exceed twenty-five thousand
(25,000) square feet;
provided, that they either
serve as a point of sale for
taxable goods and/or
supports an existing Union
City manufacturing or
assembly use with a valid
businesses license
- - P

INDUSTRIAL SERVICES
Construction equipment sales
and rentals - P P
Construction equipment
sales and rentals with
accessory service and/or
outdoor storage
- AUP -
Contractor services P P P
Contractor services with
accessory outdoor storage
of equipment or supplies

UP UP -
Incubator spaces AUP AUP
Maker space P P P
Media production studios P P P
Painting, enameling,
lacquering, welding, and
sandblasting shops

UP UP -
Printing, lithographing, and
engraving P P P

OFFICE/LABORATORY/RESEARCH AND DEVELOPMENT
Administrative, executive,
financial and professional
offices
P P UP Excluding medical offices
Engineering and design
services and related facilities P P P
Medical offices - - UP
City Council/RSA Agenda 696 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (AT-23-003 Redlines), Page 13
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Research and development
services and related facilities P P P
Including life sciences, medical
and pharmaceutical research,
electronics, and computer
science
Veterinarian offices and small
animal hospitals - P UP
Including short-term overnight
boarding of animals for
medical purposes.

RETAIL
Commercial cannabis use - P P
Subject to the zoning
requirements of Chapter

18.117 and the licensure and
regulatory requirements of
Chapter 5.44
Retail catalog and mail order
houses with warehouse and
distribution center that serve
as a point of sales
P P P
Retail sales of office or
business products, specialty
electronics, household
furnishings, appliances, etc
- - P
Retail sale of goods which are
manufactured, processed or
assembled (improved or
developed to a higher use by
machine or by hand) on the
premises
P P P
Retail stores incidental to and
on the same site with a
permitted or conditionally
permitted use
- P P

UTILITIES AND WASTE FACILITIES
Cogeneration plants UP - -
Public utilities, power
stations, electric substations,
service groups, and storage
tanks
P P P
Provided they are fenced and
landscaped
City Council/RSA Agenda 697 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (AT-23-003 Redlines), Page 14
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Recycling facilities with
accessory outdoor dropoff/sorting and storage of
equipment

UP UP -
Excluding any operations
which entail the recycling of
hazardous materials

MISCELLANEOUS USES
Civic facilities P P P
Industrial planned unit
development UP UP UP Consistent with the requirements of Chapter 18.44

18.40.030 Accessory uses
A. Accessory structures and uses customarily incidental to any of the permitted uses listed in Table

18.40.020 when located on the same lot are permitted.

B. Accessory structures and uses customarily incidental to any of the conditional uses listed in Table

18.40.020 when located on the same lot are permitted only upon the granting of a conditional use permit pursuant to the provisions of Chapter 18.56.

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

D. Accessory structures and uses shall be located within the area of the lot allowed for principal structures and uses and shall conform to the required front, side and rear yard setbacks.

18.40.040 Performance standards
A. New or substantially modified industrial buildings shall be designed to limit warehouse, wholesale and distribution activities to a maximum of seventy-five percent (75%) of the gross floor area of the building with the remaining floor area used for assembly, manufacturing, research and development, sales, showrooms or office uses. This requirement can be waived by the decision maker if it can be found that the new or modified building will further the goals and policies of the Economic Development Element of the City’s General Plan.

B. No use shall be permitted which creates odors, noise, vibration, heat, glare, or electrical disturbance detectable by the human senses without the aid of instruments, beyond the boundaries of the site. However, such uses may be approved by the decision maker, if they specifically find that the use will not result in substandard conditions or otherwise have a detrimental effect on the surrounding properties.

C. Site shall be maintained in good order at all times and consistent with project conditions of approval (if applicable). This shall include, but not be limited to, maintenance and repair of all onsite structures including building façade materials or paint, fencing/walls, signage, paved areas City Council/RSA Agenda 698 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (AT-23-003 Redlines), Page 15
including sidewalks and driveways, and landscaping, as may be necessary to preserve a highquality aesthetic for the area.

D. All uses shall comply with the regulations pertaining to hazardous materials contained in Chapter 18.43.

E. Additions and modifications to industrial developments shall be designed to integrate with the existing development and shall be consistent with the standards included in Section 18.40.090.

F. All development shall comply with Chapter 7.04 related to management of solid waste, organic waste, and recyclable materials and shall be enclosed within the building or within an enclosure meeting the requirements of Section 7.04.55.

18.40.050 Development standards.

A. Table 18.40.050, Development standards—Industrial Districts, prescribes the development standards for Industrial Districts.

Table 18.40.050 Development standards—Industrial Districts Standard Industrial District
General Industrial (MG) Light Industrial (ML) Special Industrial (MS) Site area,
minimum One acre 20,000 Square feet 20,000 Square feet
Lot coverage,
maximum 75% 60% 60%
FAR, maximum .75 1.0 1.0
Front Yard
setback,
minimum
25 feet 25 feet 25 feet
50 feet when the front street frontage abuts on any district other than another Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE).

Interior side
yard setback,
minimum
10 feet 10 feet 10 feet
50 feet when the front street frontage abuts on any district other than another Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE).

Street side yard
setback,
minimum
10 feet 10 feet
Arterial. A minimum yard
of twenty-five (25) feet
shall be required from the
ultimate right-of-way line,
Other streets. A minimum
yard of ten (10) feet shall
be required from the
ultimate right-of-way line,
50 feet when the front street frontage abuts on any district other than another Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE).

Rear yard
setback,
minimum
10 feet 10 feet 10 feet
50 feet when the front street frontage abuts on any district other than another Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE).

City Council/RSA Agenda 699 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (AT-23-003 Redlines), Page 16
Table 18.40.050 Development standards—Industrial Districts Standard Industrial District
General Industrial (MG) Light Industrial (ML) Special Industrial (MS) Maximum
height 100 feet
50 feet. This height limit
may be increased to a
maximum of seventy-five
(75) feet where the
decision maker finds that
the increase is necessary
to provide a more
beneficial site layout or
will result in public
benefits/amenities that
could not be achieved
under current zoning
standards.
40 feet. This height limit
may be increased to a
maximum of fifty-five (55)
feet where the decision
maker finds that the
increase is necessary to
provide a more beneficial
site layout or will result in
public benefits/amenities
that could not be achieved
under current zoning
standards.

Landscaping
minimum 10% 10% 15%

18.40.060 Supplemental standards
A. Permitted obstructions in required yards:

1. Roof overhangs as provided in Section 18.24.050.

2. Pedestrian paths.

3. Street access driveways and associated curbing.

4. Parking and loading facilities in side and rear yards not adjoining a street.

5. Signage in conformance with Chapter 18.30.

6. Railroad spur tracks, drill tracks, switches, bumpers, except that such uses shall not be permitted in required yards that adjoin any district other than another Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE).

7. Walls and fences subject to the provision under Section 18.40.060(C).

8. Landscaping and landscape features as provided for in Section 18.40.060(E).

9. Public art.

B. Signage. Signage shall be consistent with Chapter 18.30 and any approved sign plan or planned sign program. Signage shall be designed as an integral element of a building’s architecture and shall be compatible, including color and scale, with the building. A sign plan or planned sign program, consistent with Section 18.30.100, shall be required for any development.

C. Wall and fences

1. In areas outside of the required yards, the maximum height shall be eight (8) feet above the surface of the ground.

City Council/RSA Agenda 700 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (AT-23-003 Redlines), Page 17

2. In the required rear and side yard, the maximum height shall be eight (8) feet above the surface of the ground.

3. In the required front yard,
a. the maximum height shall be three (3) feet above the surface of the ground, except that tubular streel fences with a maximum height of eight (8) feet may be allowed but shall be setback at least 20 feet from the property line.

4. In the required street side yard,
a. the maximum height shall be three (3) feet above the surface of the ground, except that tubular streel fences with a maximum height of eight (8) feet may be allowed but shall be setback at least 20 feet from the property line.

5. Where a site adjoins a district other than an Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE), a solid wall, at least six (6) feet in height but not greater than eight (8) feet, shall be provided along the property line adjoining the nonindustrial district. Climbing vines, or similar landscaping, shall be provided along the exterior of the wall. When the wall is located within a required front yard, then said wall shall not exceed three (3) feet in height.

6. When explicitly permitted per Table 18.40.020, Any use not conducted entirely within an enclosed structure, shall be screened by a solid wall, not less than six (6) feet or greater than ten (10) feet in height. No materials or equipment shall be stored to a height greater than that the wall.

7. The design of fences and walls shall aesthetically complement the development, be constructed of high-quality materials, be compatible with neighboring yards, fences and structures, and be subject to review and approval by the city prior to installation.

Acceptable materials along street frontages are deemed to be masonry, concrete, and tubular streel. New walls shall include a landscape strip in front to accommodate climbing vines or other suitable plant material to reduce the susceptibility for graffiti. Wire mesh fencing is permitted along non-street facing property lines. The use of barbed wire, razor wire and cyclone (i.e., chain-link) fencing is prohibited.

D. Employee amenity areas. All new development and additions that expand existing floor area by 25 percent or more, resulting in at least 10,000 square feet of floor area, shall provide an employee area of at least 300 square feet in size. The employee use area shall be identified and improved as passive or active recreational space, or indoor or outdoor amenities for the use and enjoyment of employees.

E. Sidewalks and street frontage improvements. Sidewalks, curbs, and gutters along a site’s frontage(s) shall be maintained to the satisfaction of the City Engineer. All new buildings, additions to buildings which increase existing square footage by fifty percent (50%) or more, or projects that include substantial site modifications, shall provide sidewalks, curbs, and gutters if none already exist. Improvements shall be installed consistent with City standards and specifications.

F. Landscaping
City Council/RSA Agenda 701 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (AT-23-003 Redlines), Page 18

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

2. Projects that include development of a vacant site or substantial modification of a developed site, shall provide landscaped areas that meet the minimums as provided for in Table 18.40.050 for the project site area. Projects that cannot provide the minimum amount of required landscaping shall pay a landscape in-lieu fee in the amount set forth in the City’s Master Fee Schedule subject to approval through the Site development review process.

3. All other areas not utilized for structures or paving shall be landscaped unless otherwise authorized by the decision maker because of site constraints, existing or adjacent site conditions, or phased development.

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

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

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

3. Alternate design, screening, or siting may be considered to meet utility provider requirements
H. Bicycle and pedestrian facilities. Projects that include development of a vacant site or substantial modification of a developed site shall accommodate bicycle and pedestrian facilities / access including:

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

2. Pedestrian pathways between buildings and parcels;

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

4. Orientation of outdoor public spaces towards activated ground-floor building frontages.

18.40.070 Off-street parking and loading
A. Off-street parking. For each building constructed or use established, off-street parking shall be provided according to the following standards:

Table 18.40.070 Off-street parking
Use Minimum off-street parking requirements
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Planning Commission, June 15, 2023
Exhibit B (AT-23-003 Redlines), Page 19
Office 1.0 space / 300 square feet
Research and development, laboratory 1.0 space / 500 square feet Manufacturing 1.0 Space / 1000 square feet, and

1.0 Truck/Trailer space / 10,000 square feet
Warehouse, distribution and storage 1.0 Space / 1000 Square feet, and

1.0 Space/ 300 Square feet of at least 25% of the gross floor area of the building and

1.0 Truck/Trailer space / 10,000 square feet
Other uses See Section 18.36.150

1. Flex industrial buildings built without an end user selected and/or on speculation shall provide a minimum of one (1) parking space for each three hundred (300) square feet of the gross floor area for twenty-five percent (25%) of the building in addition to providing parking for the remaining seventy-five percent (75%) of the gross floor area consistent with the standards listed above.

2. All parking areas shall be designed and maintained in accordance with the provisions of Chapter 18.28.

3. In addition to the minimums above, one (1) parking space for each vehicle used in the conduct of the enterprise shall be provided.

4. Off-street parking requirements for other uses shall be provided on the same basis as required for the most similar use or as determined by the decision maker.

5. Truck trailer parking spaces shall have a minimum dimension of twelve (12) feet by fiftyfive (55) feet when parked perpendicular and twelve (12) feet by sixty-five (65) feet when parked parallel.
a. The number of truck trailer parking spaces required by section 18.40.070 may be decreased by the decision maker for a specific use if it is found that such use will not create as great a need for truck trailer parking and that the use is reasonably likely to continue for at least ten (10) years.
b. The number of truck trailer parking spaces required by section 18.40.070 may be increased by the decision maker if it is found that a use will create an additional need for truck trailer parking.

6. When determined necessary by the decision maker to reasonably serve the anticipated use, visitor parking, in addition to the above requirements, shall be provided.

7. Parking structures.

City Council/RSA Agenda 703 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (AT-23-003 Redlines), Page 20
a. Parking structure facades shall be designed as compatible visual extensions of the primary buildings.
b. Auto entries shall be located in a manner that minimizes pedestrian/auto conflicts.
c. Decorative screening or other decorative element constructed of durable, highquality materials shall be provided on parking structure facade.

B. Off-street loading: For each building constructed or use established, off-street loading shall be provided according to the following:

1. Loading docks and berths shall be provided adequate to serve the use. Such facilities shall be located to the side and rear of buildings and shall be adequately screened and landscaped so as to not be visible from the public rights-of-way. Truck loading areas and activities shall not conflict with on-site circulation and parking. All truck loading doors and docks shall be screened from view by an architecturally acceptable decorative wall or other acceptable alternative which does not encroach into required landscaped areas.

2. Loading berths. Loading berths shall be a minimum of ten (10) feet wide by twenty-five (25) feet long.

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

Table 18.40.080 Bicycle Parking
Use Short-term bicycle
parking requirements
Long-term bicycle
parking requirements
Retail 1.0 space / 3,000 square feet 1.0 space / 10,000 square feet Office, research and
development, lab

1.0 space/20,000 square feet
Minimum of 2 spaces

1.0 space/ 7,000 square feet
Minimum of 2 spaces
Manufacturing,
warehouse, distribution
and Storage

1.0 space/20,000 square feet
Minimum of 2 spaces

1.0 space/ 7,000 square feet
Minimum of 2 spaces
B. Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080.

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

D. The number of required bicycle parking facilities may be increased by the decision maker for a specific use if it is found that such a use shall create a greater demand for these facilities.

18.40.090 Design criteria
City Council/RSA Agenda 704 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (AT-23-003 Redlines), Page 21
A. Architectural standards. Buildings shall be designed with a contemporary or “Modern” vocabulary, using varied geometric volumes and a variety of high-quality materials (e.g. metal and glass). The following shall apply to any new buildings, additions to buildings which increase existing square footage by fifty percent (50%) or more, or modifications to existing buildings which modify the exterior of the building:

1. To minimize overall massing building elevation shall incorporate the following:
a. Variations in wall plane, wall height, trim or reveals, entry and window openings, and/or varying colors and materials; and
b. Detailing including elements such as recesses, columns, living walls, score lines, reveals, trellises, lighting, or other features to create shadow patterns and depth on building elevations; and
c. Other elements as required by the decision maker

2. Blank walls should not occupy over thirty percent (30%) of the principal frontage, and a section of blank wall should not exceed twenty (20) linear feet without being interrupted by a variation in wall plane, wall height, trim or reveals, entry and window openings.

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

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

4. A minimum of fifty percent (50%) of the building wall area located within twenty (20) feet of the midpoint of a primary building entrance shall be comprised of transparent windows or openings. Glass is considered transparent where it has a transparency higher than eighty percent (80%) and external reflectance of less than fifteen percent (15%).

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

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

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

3. Other Metal

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

5. Brick, natural clay colors;

6. Stone

7. Pre-cast concrete, glass-fiber reinforced concrete
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Planning Commission, June 15, 2023
Exhibit B (AT-23-003 Redlines), Page 22

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

9. Ceramic tile

10. Cement plaster

11. Wood.

Chapter 18.43: Use of Hazardous Materials

18.43.010 Purpose.

Other provisions of this chapter and Title 15 notwithstanding, all use of hazardous materials shall be as regulated herein. Hazardous materials are substances which are capable of posing risk to health, safety property or the environment. The hazard potential of a substance is based on its chemical properties, on the quantity of the material at a site, how it is stored and how it is used. The intent of this chapter is to reduce or eliminate hazards to the general public, including sensitive receptors, resulting from the potentially inappropriate location of facilities that use or store hazardous materials.

18.43.020 Standards.

The permitted on-site quantities and uses of hazardous materials shall be as listed in Table 18.43.050.

18.43.030 Hazardous materials classifications.

Hazard categories or classifications are defined in current Fire Code and Appendices for the City of Union City. Additional definitions are based on the definitions in Article I of Chapter 8.35 of the U.S. Department of Transportation (DOT) Code of Federal Regulations (CFR), Title 49, Parts 100 to 177, and in the Hazardous Materials Table, 49 CFR, Part 172.101, and as the foregoing may be amended. Hazardous materials classifications are listed below:

A. Group A representing those materials that pose a higher risk; B. Group B representing those materials that pose a more moderate risk; and C. Group C representing those materials that pose the least risk to health, safety, or property.

For purposes of this chapter, the table and table notes in Section 18.43.050 identify the categories of hazardous materials for each group.

18.43.040 Definition of hazardous materials facilities.

A. Bulk Plant (BP). Hazardous materials at the bulk plant level are manufactured, processed, or packaged but are not used on-site. Materials may be stored in large containers, railcars, tankers, drums, or cylinders. Bulk plant quantities are larger than the amount transported in or out in any single shipment.

B. Bulk Distribution Plant (BD). Hazardous materials at the bulk distribution plant level are collected, repackaged, and/or blended prior to being transported to other facilities. Materials are transported to the site in unpackaged form and are transferred to storage containers by hose, pipeline or conveyor belt from railcars, tankers, large containers or drums. Materials are stored until transported out as finished or semi-finished products.

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Planning Commission, June 15, 2023
Exhibit B (AT-23-003 Redlines), Page 23
C. Large User Site (LU). Hazardous materials at a large user site are used as part of on-site operations.

Materials are stored and used in various sized containers. Container size will vary depending on the nature of the on-site operations. Hazardous materials are used in processes to obtain finished goods which are not hazardous materials which then may be used on-site or shipped out. On-site storage of hazardous materials exceeds the following quantities: two hundred thousand (200,000) pounds for solids, twenty thousand (20,000) gallons for liquids, and eighty thousand (80,000) cubic feet at STP for compressed gases.

D. Large Storage Plant (LS). Hazardous materials at the large storage plant level are stored until they are distributed to other facilities. On-site storage of hazardous materials exceeds the following quantities: two hundred thousand (200,000) pounds for solids, twenty thousand (20,000) gallons for liquids, and eighty thousand (80,000) cubic feet at STP for compressed gases. Materials are warehoused in closed containers. No transfer of materials from one container to another takes place on-site. Containers may be handled individually, palletized, or unitized for purposes of transportation. Packaging types may include cylinders, drums, boxes or portable tanks.

E. Medium User Site (MU). Hazardous materials at the medium user site are used as part of on-site operations. Materials are stored and used in various sized containers. Container size will vary depending on the nature of the on-site operations. Hazardous materials are used in processes to obtain finished goods which are not hazardous materials which then may be used on-site or shipped out. On-site storage of hazardous materials is between twenty-five thousand (25,000) to two hundred thousand (200,000) pounds for solids, two thousand seven hundred fifty (2,750) to twenty thousand (20,000) gallons for liquids, and ten thousand (10,000) to eighty thousand (80,000) cubic feet at STP for compressed gases.

F. Medium Storage Plant (MS). Hazardous materials at the medium storage plant are stored until they are distributed to other facilities. On-site storage of hazardous materials is between twentyfive thousand (25,000) to two hundred thousand (200,000) pounds for solids, two thousand seven hundred fifty (2,750) to twenty thousand (20,000) gallons for liquids, and ten thousand (10,000) to eighty thousand (80,000) cubic feet at STP for compressed gases. Materials are warehoused in closed containers. No transfer of materials from one container to another takes place on site.

Containers may be handled individually, palletized, or unitized for purposes of transportation.

Packaging types may include cylinders, drums, boxes, or bottles.

G. Small User Site (SU). Hazardous materials at a small user site are used as part of on-site operations.

Materials are stored and used in various sized containers. Container size will vary depending on the nature of the on-site operations. Hazardous materials are used in processes to obtain finished goods which are not hazardous materials which then may be used on-site or shipped out. On-site storage of hazardous materials does not exceed twenty-five thousand (25,000) pounds for solids, two thousand seven hundred fifty (2,750) gallons for liquids, and ten thousand (10,000) cubic feet at STP for compressed gases.

H. Small Storage Plant (SS). Hazardous materials at the small storage plant site are stored until they are distributed to other facilities. On-site storage of hazardous materials does not exceed twentyfive thousand (25,000) pounds for solids, two thousand seven hundred fifty (2,750) gallons for liquids, and ten thousand (10,000) cubic feet at STP for compressed gases. Materials are warehoused in closed containers. No transfer of materials from one container to another shall City Council/RSA Agenda 707 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (AT-23-003 Redlines), Page 24
take place on-site. Containers may be handled individually, palletized, or unitized for purposes of transportation. Packaging types may include cylinders, drums, boxes, or bottles.

18.43.045 Quantity range definitions.

Range
Number
Range Amounts

1. Up to and including 500 pounds for solids, 55 gallons for liquids and 200 cubic feet at NTP for compressed gases.

2. Between 500 and 5,000 pounds for solids, 55 and 550 gallons for liquids and 200 to 2,000 cubic feet at NTP for compressed gases.

3. Between 5,000 and 25,000 pounds for solids, 550 and 2,750 gallons for liquids and 2,000 to 10,000 cubic feet at NTP for compressed gases.

4. Between 25,000 and 50,000 pounds for solids, 2,750 and 5,500 gallons for liquids and 10,000 to 20,000 cubic feet at NTP for compressed gases.

5. More than 50,000 pounds for solids, 5,500 gallons for liquids and 20,000 cubic feet at NTP for compressed gases.

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

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

Table 18.43.050 Use table for on-site storage of hazardous materials Type of Facility
Zoning District

MG ML MS SEE CMUE
Group A chemicals and materials*: Class 3 and 4 oxidizers, compressed gases (corrosive, highly toxic, toxic, pyrophoric, unstable), cryogens (highly toxic, toxic, corrosive, pyrophoric, unstable), explosives and blasting agents, germ cell mutagenicity materials, highly toxic materials, materials that in contact with water emit flammable gas, organic peroxides (unclassified, Class I and Class II), pyrophoric materials, radioactive materials (gamma emitters), self-heating materials, self-reactive materials, unstables/reactives (Class 3 and Class 4), water reactive materials (Class 3) Bulk Plant - - - - -
Bulk Distribution - - - - -
Large User Site UP UP UP UP UP
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Planning Commission, June 15, 2023
Exhibit B (AT-23-003 Redlines), Page 25
Table 18.43.050 Use table for on-site storage of hazardous materials Type of Facility
Zoning District

MG ML MS SEE CMUE
Large Storage Plant UP UP UP UP UP
Medium User Site UP UP UP UP UP
Medium Storage Plant UP UP UP UP UP
Small User Site AUP AUP AUP AUP AUP
Small Storage Plant AUP AUP AUP AUP AUP
Group B chemicals and materials*: Carcenogenic materials, combustible dust, compressed gases (flammable and oxidizing), corrosive liquids and solids, cryogens (flammable and oxidizing), flammable liquids, flammable solids, organic peroxide materials (Class III, Class IV, Class V), oxidizing materials (Class 1 and Class 2), radioactive materials (alpha and beta emitters), reproductive toxicity materials, target organ toxins, toxic materials, unstable/reactive materials (Class 1 and Class 2), water reactive materials (Class 1 and Class 2)
Bulk Plant - - - - -
Bulk Distribution - - - - -
Large User Site UP UP UP UP UP
Large Storage Plant UP UP UP UP UP
Medium User Site P P AUP AUP AUP
Medium Storage Plant P P AUP AUP AUP
Small User Site P P P P P
Small Storage Plant P P P P P
Group C chemicals and materials*: combustible liquids and solids, compressed gases (inerts), cryogens (inerts), irritant materials, materials identified as hazard not otherwise classified, and sensitizer materials.

Bulk Plant - - - - -
Bulk Distribution UP - - - -
Large User Site UP UP UP UP UP
Large Storage Plant UP UP UP UP UP
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Planning Commission, June 15, 2023
Exhibit B (AT-23-003 Redlines), Page 26
Table 18.43.050 Use table for on-site storage of hazardous materials Type of Facility
Zoning District

MG ML MS SEE CMUE
Medium User Site P P P P P
Medium Storage Plant P P P P P
Small User Site P P P P P
Small Storage Plant P P P P P
* All chemical and material types listed above are included for reference purposes only. Final determination of hazard classification will be made by the Environmental Programs Division.

A. Table notes.

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

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

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

4. The following exemptions from the requirements of this chapter shall apply:
a. Storage, use or handling of the following gases in any quantities, whether in a gaseous, liquefied or cryogenic physical state: air (non-enriched), argon, helium, krypton, neon, nitrogen, and xenon. This exemption does not apply to bulk plants or bulk distribution plants.
b. Storage, use or handling of hazardous materials in quantities less than fifty-five (55) gallons, five hundred (500) pounds, and two hundred (200) cubic feet, for liquids, solids and gases respectively. This exemption does not apply to acutely hazardous materials and extremely hazardous substances, as defined in the Code of Federal Regulations and the California Health and Safety Code, which may require a CUPA permit from the Environmental Programs Division or preparation of a Risk Management Plan.

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Planning Commission, June 15, 2023
Exhibit B (AT-23-003 Redlines), Page 27
c. Radioactive materials that are licensed, sealed sources, used for instruments, calibration devices and similar equipment, and materials exempted from regulation by the United States Nuclear Regulatory Commission.
d. On-site retail sales of common household hazardous materials in containers sized and packaged for use by the general public.

5. Ammonia refrigeration systems are subject to the provisions of this chapter.

B. Table qualifiers. In addition to the regulations set forth in this chapter, all storage and use of hazardous materials must be in conformance with the provisions of Federal, State, and local laws and regulations, Uniform Codes and referenced standards, as may be amended.

Chapter 18.76 Site Development Review

18.76.010 Purpose.

Site development review is intended to promote orderly, attractive and harmonious development and the stability of land values and investments and the general welfare, by preventing the establishment of uses or the erection or maintenance of structures having unsightly, undesirable or obnoxious qualities which are not properly related to their sites, surroundings and traffic circulation in the vicinity, or which would not meet the specific intent clauses or performance standard requirement of the zoning title.

18.76.020 Applicability.

A. The site development review procedure shall apply to all proposed uses projects in the following districtsall districts established under Title 18: Zoning.

Residential districts;
Hillside combining (-H) district;
Commercial (CPA, CN, CS, CC, CVR) districts;
Station East Employment (SEE) district;
Corridor Mixed Use (CMU) district;
Marketplace Mixed Use (MMU) district;
Station East Mixed Use Residential (SEMU-R) district;
Village Mixed Use (VMU) district;
Station Mixed Use Commercial (CSMU) district;
Union Landing Commercial (CUL) district;
Private Institutional (PI) district;
Industrial (MS, ML, MG) districts;
Agricultural (A) district;
City Council/RSA Agenda 711 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (AT-23-003 Redlines), Page 28
Civic Center design control (CCDCD) district;
Landmark and Historic Preservation (LHP) Overlay Zone.

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

C. The site development review procedure shall not apply to City projects on City-owned properties.

18.76.030 Application, fees and exhibits.

A. An application for a site development review shall be made to the City Council Planning Commission on a form prescribed by the Director which shall include the following data:

1. Name and address of the applicant;

2. Statement that the applicant is the owner of the property or is the authorized agent of the owner;

3. Address or description of the property;

4. Statement indicating the precise manner of compliance with each of the applicable provisions of this title together with any other data pertinent to the findings prerequisite to the granting of a site development review prescribed in this chapter; B. The application shall be accompanied by the items identified in the Formal Application Checklist as prescribed by the Director. The application shall be accompanied by the following items:

1. A mailing list on mailing labels of adjacent property owners and/or occupants for the purpose of providing notice of the pending application.

2. A site plan prepared by a licensed civil engineer, land surveyor, architect, landscape architect or building designer; provided, however, that the boundary and topographic survey on the site plan shall be prepared by a licensed civil engineer or land surveyor whose seal shall appear on the site plan. The site plan shall show existing and proposed locations of streets, utilities, and drainage facilities, property lines, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities and landscaped areas. The site plan shall be drawn to scale and shall indicate clearly and with full dimension the following information:
a. The registration number and signature of person or persons preparing the plan; b. Parcel dimension in distance and bearings;
c. All existing and proposed building and structures—location, size, height and proposed uses, including front, side and rear elevations of proposed buildings showing architectural detail and exterior materials;
d. Existing and proposed elevation and contours of lots and buildings; e. Yards and open spaces between buildings;
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Planning Commission, June 15, 2023
Exhibit B (AT-23-003 Redlines), Page 29
f. Walls and fences—location, height, and materials;
g. Off-Street Parking. Location, number of spaces, dimension or parking area, and internal circulation pattern, yard lighting and landscaping; h. Access. Pedestrian, vehicular, service, points of ingress and egress, internal circulation, design and improvements;
i. Street dedication and improvements, existing and proposed, if any; j. Proposed storm drainage plan with substantiating calculations; k. All existing trees which are twelve (12) inches or greater in circumference measured at thirty-six (36) inches above grade: type, size, location, dripline, condition and indication if tree is being saved or removed;
l. Complete landscape plan pursuant to the landscape standards policy statement; m. Site plans for other than residential uses shall contain the following additional information:
i. Signs. Locations, size, height, types of materials and lighting, ii. Loading. Location, dimensions, number of spaces and internal circulation, iii. Lighting. Location and general nature.

3. Such other data, such as cross-sections, soils reports, arborist report, and a statement of use as may be required under the circumstances of each application to permit the City Council to make the required findings.

C. The application shall be accompanied by a fee in an amount established by resolution of the City Council.

D. All applications for site development review shall be filed through the Director for review and approval or disapproval by the City CouncilPlanning Commission prior to the issuance of any building permits.

18.76.040 Investigation.

The Director, upon receipt of an application for site development review, shall make such investigations as are necessary to determine whether or not the proposed use or structure conforms or may be conditioned to conform fully to the regulations for the district as herein set forth.

Such investigations shall include reports, upon referral, to other departments of the City, and any other public agency or district concerned.

If, in the opinion of the Director, the proposed use may cause the emission of dangerous or objectionable noise, odors, lights, dust, smoke or vibrations, the Director, with the consent of the applicant, may refer the application for investigation and report to one or more expert consultant(s) who shall report in writing to the Director and a copy of such report shall be furnished to the applicant. The applicant shall be required to pay the fee for services of the consultant(s).

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Planning Commission, June 15, 2023
Exhibit B (AT-23-003 Redlines), Page 30
At the conclusion of such investigation, the Director shall prepare a report thereon which shall be submitted to the Planning Commission and City Council.

18.76.045 Findings for approval.

A. All of the following findings are required for approval of a site development review:

1. Approval of this application is consistent with the General Plan and any applicable specific plans;

2. Approval of this application is consistent with the purposes of this title and the requirements of the district in which the site is located;

3. Approval of this application is consistent with the purpose of site development review as outlined in Section 18.76.010.

B. A site development review may be revocable and may be granted subject to such conditions as are necessary to support the above findings.

C. The above findings are also required for any approval on appeal, or approval of a modification to a site development review.

18.76.050 Planning Commission public hearing—Notice.

The Planning Commission shall hold a public hearing for any application for a site development review permit. Notice of the public hearing shall be given pursuant to Section 18.52.082.

18.76.080 Planning Commission recommendationdecision and appeals.

A. The Planning Commission may grant an application for a site development review as applied for or in modified form, if on the basis of the application and the evidence submitted, the Commission finds that the application complies with the findings set forth in Section 18.76.045. The Planning Commission may adopt additional conditions of approval as the facts warrant.

B. The Planning Commission may deny an application for site development review. The Planning Commission shall transmit a written recommendation to the City Council that the application be approved, conditionally approved or denied, based on compliance with the findings set forth in Section 18.76.045.

C. Decisions of the Planning Commission and appeals of such decisions shall be made in accordance with the provisions of Section 18.52.088.

18.76.085 City Council public hearing—Notice
The City Council shall hold a public hearing on the application. Notice of the public hearing shall be given pursuant to Section 18.52.082.

18.76.090 City Council decision.

A. The City Council may grant an application for a site development review as applied for or in modified form, if on the basis of the application and the evidence submitted, the Council finds that the application City Council/RSA Agenda 714 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (AT-23-003 Redlines), Page 31
complies with the findings set forth in Section 18.76.045. The City Council may adopt additional conditions of approval as the facts warrant.

B. The City Council may deny an application for site development review.

18.76.095 Site development review modifications.

Applications to modify any site development review approval or any condition of approval shall be subject to the same procedures and regulations as those applicable to the original application.

In the event a site development review application is approved on property previously affected by a site development review approval, the previous approval and its conditions shall be null and void.

18.76.100 Site development review approval expiration.

A site development review approval shall be valid for one (1) year following the date on which the application became effective. The approval shall become null and void unless prior to the expiration of the year a building permit is issued by the Building Department and construction is commenced and diligently pursued toward completion on the site which was the subject of the site development review application or a certificate of occupancy is issued by the Building Department for the site or structure which was the subject of the site development review application. The phrase “construction is commenced” shall be defined for the purposes of this provision to mean the progress of actual building activity on the site in accordance with a valid building permit to a point such that the first inspection under the Uniform Building Code has been completed, including but not necessarily limited to the inspection of installed footings, reinforced steel, utility, plumbing, and electrical conduits and/or services and all other work or activity customarily and typically inspected prior to the first pouring of foundation concrete.

Completion of only site preparation activities such as site clearance, grading or excavation without commencement of actual building activity shall not constitute commencement of construction.

In the case where site development review approval was granted either concurrently with, or subsequently consistent with, an approved residential tentative map, the site development review approval shall be valid through the duration of the tentative map, as specified by Section 66452.6 of the California State Subdivision Map Act.

18.76.105 Site development review extension.

A. A site development review approval may be extended for an additional period of time not to exceed one (1) year no more than two (2) times. Each such request for extension must be submitted in writing to the Zoning Administrator prior to the expiration date of the site development review approval. The request for extension shall be accompanied by a fee in an amount established by resolution of the City Council. The Zoning Administrator may grant or deny an application for extension of a site development review approval. The Zoning Administrator may grant an extension if he or she finds that there has been no substantial change in the facts or circumstances present when the original application was approved.

B. Upon expiration of the site development review extension, the project shall be deemed to be expired and shall become null and void. Upon expiration, approval of a new site development review application shall be required prior to commencing with the project.

City Council/RSA Agenda 715 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (AT-23-003 Redlines), Page 32

18.76.110 New application.

Following the denial of a site development review application, no application for the same or substantially the same project on the same or substantially the same site shall be filed within one (1) year from the date of denial of the application.

City Council/RSA Agenda 716 Tuesday, July 11, 2023
Draft Planning Commission Minutes 1 June 15, 2023
ATTACHMENT 4

CITY OF UNION CITY

DRAFT MINUTES FOR THE REGULAR PLANNING COMMISSION MEETING ON THURSDAY, JUNE 15, 2023 AT 7:00 P.M.

IN THE COUNCIL CHAMBERS OF CITY HALL
34009 ALVARADO-NILES ROAD
UNION CITY, CA 94587

AND VIA TELECONFERENCE

1. ROLL CALL AND PLEDGE OF ALLEGIANCE
PRESENT: Chairperson Lee Guio, Vice Chairperson Ed Mack Agbuya, Commissioners Jo Ann Lew, Seyi Mclelland and Amandeep
Sandhu
ABSENT: None
STAFF: Carmela Campbell (Economic & Community Development Director); Erica Gonzalez (City Attorney, Meyers Nave); Derek Farmer (Planning Manager); Coleman Frick (Senior Planner); Brandon H. DeLucas (Associate Planner) and Denisse
Anzoategui (Administrative Assistant III)

5. PUBLIC HEARINGS
A. NEW HEARINGS:

1. CITY OF UNION CITY , ZONING TEXT AMENDMENT (AT-23-
003); The City of Union City is requesting approval to amend Title 18 of the Union City Municipal Code, Chapter 18.08, Definitions, Chapter 18.36, Commercial Districts, Chapter

18.40, Industrial Districts, Chapter 18.76, Site Development Review, and add Chapter 18.43, Use of Hazardous Materials.

These amendments modify and standardize uses, update
development and performance standards, establish objective design standards, and reformat the chapters for ease of use and consistency with other chapters in Title 18. Staff
recommends that the project be determined categorically exempt from environmental review in accordance with
California Environmental Quality Act Guidelines Section 15061(b)(3), the general exemption for projects with no potential for a significant effect on the environment.

Associate Planner DeLucas provided a PowerPoint presentation of the staff report for City of Union City Zoning Text Amendment (AT-23-003).

Mr. DeLucas reported a Desk Item had been included as part of the staff report in response to questions and comments from Commissioner Lew. Staff had clarified the reasoning for the removal of the definitions for automobile wrecking yards and salvage yards since the uses did not meet the economic development goals of the City and since noxious uses would no longer be permitted within the UCMC; updated the definition numbering; removed dash for specific use regulations/notes column; updated references in Chapter 18.43 and addressed minor grammatical errors.

City Council/RSA Agenda 717 Tuesday, July 11, 2023
Draft Planning Commission Minutes 2 June 15, 2023
Mr. DeLucas recommended the Planning Commission recommend approval of Zoning Text Amendment (AT-23-003), as modified by the Desk Item, to the City Council, make the specific findings as listed in the staff report in support of the recommendation of approval, and adopt a resolution confirming this action.

Vice Chair Agbuya asked when the frontage had been reduced from 65 to 25 feet for the front yard setback and whether there would still be ample parking spaces, and Mr. DeLucas explained that the reduction in the setback allowed parking or the building to come closer and if redeveloped they may have to build a parking garage in the back. The parking standards remained the same, but the parking may relocate from either in front or behind the building or in a parking garage.

Commissioner Sandhu asked with the removal of the definitions for automobile wrecking yards and salvage yards whether those uses would have to locate to another city.

Mr. DeLucas confirmed that those uses would have to locate to another city. Union City had no such uses operating in the city as they are not desired uses. Mr. DeLucas further clarified that there are no such existing permitted or legal non-conforming automobile wrecking yards and salvage yards uses operating in Union City.

PUBLIC HEARING OPENED
Chairperson Guio reported there were no comments from the public.

PUBLIC HEARING CLOSED
Vice Chairperson Agbuya moved that the Planning Commission recommend approval of Zoning Text Amendment (AT-23-003), as modified by the Desk Item, to the City Council, and making the specific findings as listed in the staff report in support of the recommendation of approval and adopt a resolution confirming this action.

Commissioner Lew seconded.

The motion was carried by the following roll call vote:

AYES: (GUIO, AGBUYA, LEW, MCLELLAND, SANDHU)
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
The motion passed 5-0.

City Council/RSA Agenda 718 Tuesday, July 11, 2023
PLANNING COMMISSION RESOLUTION NUMBER 11-23

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UNION CITY

RECOMMENDING APPROVAL TO THE CITY COUNCIL OF ZONING TEXT AMENDMENT, AT-23-003, AMENDING TITLE 18, ZONING, OF THE UNION CITY MUNICIPAL CODE TO UPDATE CHAPTER 18.08, DEFINITIONS, CHAPTER 18.36, COMMERCIAL DISTRICTS, CHAPTER 18.40, INDUSTRIAL DISTRICTS, CHAPTER

18.76, SITE DEVELOPMENT REVIEW, AND ADD CHAPTER 18.43, USE OF

HAZARDOUS MATERIALS

WHEREAS, as part of the implementation of Strategic Plan Goal C.1, which states “Analyze the feasibility of transforming warehouses to attract high-value industrial and commercial uses for the benefit of the community”, staff developed design criteria and performance standards to ensure future industrial developments are well-designed and accommodate a variety of flex-industrial uses including office and research and development; and
WHEREAS, during the effort to develop these standards, staff determined that there needed to be a more comprehensive update to address use classifications, outdated performance standards, and the need to reformat the chapter to ensure that use categories were consistent and standardized across all districts; and WHEREAS, this comprehensive update has modified and standardized uses, updated development and performance standards, established objective design standards, and reformatted the chapter for ease of use and consistency with other chapters in Title 18; and
WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and
WHEREAS, the City of Union City is proposing to amend Title 18 of the Union City Municipal Code, Chapter 18.08, Definitions, Chapter 18.36, Commercial Districts, Chapter

18.40, Industrial Districts, Chapter 18.76, Site Development Review, and add Chapter

18.43, Use of Hazardous Materials. These amendments modify and standardize uses, update development and performance standards, establish objective design standards, streamline approval processes, and reformat the chapters for ease of use and consistency with other chapters in Title 18; and
WHEREAS, on June 15, 2023, the Planning Commission held a duly noticed public hearing to consider the proposed zoning text amendments, receive the staff report and staff presentation, and discuss the matter; and
WHEREAS, the amendments to Title 18 are shown in Exhibit A (Clean) and Exhibit B (Redlined), which are attached hereto and incorporated herein by reference.

DocuSign Envelope ID: 3CDBCF77-3541-4A7A-AADD-F8C69469A445 City Council/RSA Agenda 719 Tuesday, July 11, 2023
2 Planning Commission Reso #11-23
AT-23-003, Zoning Text Amendments