Agenda packet, regular meeting — Union City City Council, July 11, 2023 (part 3 of 4)

NOW, THEREFORE, BE IT RESOLVED, that the foregoing recitals are true and correct and made a part of this Resolution.

BE IT FURTHER RESOLVED that the Planning Commission of the City of Union City hereby recommends that the City Council approve Zoning Text Amendment, AT-23- 003, as shown in Exhibit A (Clean) and Exhibit B (Redlined) and does hereby find as follows:

1. That the Zoning Text Amendments are exempt from environmental review in accordance with 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. • 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 an increase in allowable building height to facilitate higher-intensity DocuSign Envelope ID: 3CDBCF77-3541-4A7A-AADD-F8C69469A445 City Council/RSA Agenda 720 Tuesday, July 11, 2023
3 Planning Commission Reso #11-23
AT-23-003, Zoning Text Amendments

Page 3 of 4 ends

employment uses, including research and development, flex-industrial uses, and maker spaces, and;

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

DocuSign Envelope ID: 3CDBCF77-3541-4A7A-AADD-F8C69469A445 City Council/RSA Agenda 721 Tuesday, July 11, 2023
4 Planning Commission Reso #11-23
AT-23-003, Zoning Text Amendments

Page 4 of 4 ends

I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission of the City of Union City held on June 15, 2023, by the following vote:

AYES 5 (Guio, Agbuya, Mclelland, Lew, Sandhu)
NOES 0
ABSTAIN 0
ABSENT 0
MOVED: Vice Chairperson Agbuya
SECONDED: Commissioner Lew

APPROVED

LEE GUIO, CHAIRPERSON
ATTEST:

CARMELA CAMPBELL, SECRETARY
DocuSign Envelope ID: 3CDBCF77-3541-4A7A-AADD-F8C69469A445 City Council/RSA Agenda 722 Tuesday, July 11, 2023
Item 6.c
Public Hearing for Industrial Code Updates
AT-23-003
City Council/RSA Agenda 723 Tuesday, July 11, 2023
2 Alvarado
Business Park
Central Bay Business
Park
City Council/RSA Agenda 724 Tuesday, July 11, 2023
3 Chapter 18.40 Industrial Districts
Section 18.40.020 Land Use
Regulations – Industrial Districts
• Uses in a single table for ease of
use
• Ensures use categories are
standardized
City Council/RSA Agenda 725 Tuesday, July 11, 2023
4 Chapter 18.40 Industrial
Districts
Section 18.40.020 Land Use
Regulations – Industrial Districts
• Following uses added to the
Industrial Districts • Breweries, distilleries and
wineries with on-site tasting
rooms and accessory food uses
• Indoor farming and cultivation • Industrial equipment rentals and sales
• Maker spaces
City Council/RSA Agenda 726 Tuesday, July 11, 2023
5 Chapter 18.40 Industrial Districts
Section 18.40.020 Land Use Regulations – Industrial Districts 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.
• (Existing) Use Permit for new warehouse uses in buildings built after August 1996 and shall either be 1) point of sale or 2) provide a certain number of employees based on square footage.
• (Proposed) Administrative Use Permit for new warehouse uses in buildings built after August 1996 and shall either be 1) point of sale or 2) be affiliated with an existing Union City manufacturing or assembly use with a valid business license. • (Proposed) Increased Size limitations for permitted warehouse uses in Special Industrial (MS)
City Council/RSA Agenda 727 Tuesday, July 11, 2023
6 Chapter 18.40 Industrial Districts
• Section 18.40.040 Performance
Standards
• Section 18.40.050 Development
Standards
• Section 18.40.060 Supplemental
Standards
• Section 18.40.070 Off Street
Parking and Loading
• Section 18.40.090 Bicycle
Parking
City Council/RSA Agenda 728 Tuesday, July 11, 2023
7 Section 18.40.090 Design Criteria • Added new architectural and exterior material standards • “Modern” vocabulary with varied
geometric volumes and variety of
high-quality materials
• Minimize massing and provide
articulation to wall planes
• Clearly defined and distinguishable
building entrances
• Architectural features, building colors
and glazing
Chapter 18.40 Industrial
Districts
City Council/RSA Agenda 729 Tuesday, July 11, 2023
8 Chapter 18.43 Use of Hazardous
Materials
• Relocated standards from
Chapter 18.40 Article IV to new
Chapter due to reformatting
• Added CMUE to use table for
on-site storage of hazardous
materials
City Council/RSA Agenda 730 Tuesday, July 11, 2023
9 Chapter 18.76 Site Development Review
• Clarified Site Development Review (SDR) applies in all Zoning Districts • Exempts City projects on City property from SDR
• Makes PC decision maker for SDR (currently City Council) • Reduce overall timelines (generally 4-6 weeks)
• Provide more certainty for applicants
• Aligns process with neighboring jurisdictions
• Encourages further development and redevelopment
• City Council would have the ability to call a project up on appeal City Council/RSA Agenda 731 Tuesday, July 11, 2023
10 Study Sessions and Outreach
• Planning Commission Study Session held on March 16, 2023 • Asked clarifying questions and provided feedback; incorporated into final version • City Council Study Session held on April 11, 2023
• Council was supportive of proposed amendments to Chapter 18.76 • Economic Development Advisory Committee (EDAT) - March 16, 2023 • Asked clarifying questions
• Broker Engagement Event- May 23, 2023
• Asked clarifying questions and few brokers followed up with feedback on regulation of warehouse uses
City Council/RSA Agenda 732 Tuesday, July 11, 2023
11 PC Action and CC Recommendation
• Planning Commission held a Public Hearing on June 15, 2023, to review the proposed amendments
• Considered a Desk Item with minor corrections and updated exhibits • Updated language reflecting in Exhibit A
• Planning Commission recommended approval on a 5-0 vote • Consistent with the Planning Commission recommendation, staff recommends that the City Council waive the first reading and introduce an Ordinance approving Zoning Text Amendment AT-23-003
City Council/RSA Agenda 733 Tuesday, July 11, 2023
Agenda Item
DATE: 7/11/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC, AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: HOLD A PUBLIC HEARING AND INTRODUCE AN ORDINANCE FOR 1) ZONING TEXT AMENDMENT AT-23-002 TO AMEND TITLE 18, ZONING, OF THE UNION CITY MUNICIPAL CODE TO RENAME CHAPTER 18.41, TO “EMPLOYMENT MIXED-USE DISTRICTS” AND ADD A NEW ZONING DISTRICT REFERRED TO AS “ CORRIDOR MIXED-USE
EMPLOYMENT (CMUE)” AND 2) ZONING MAP AMENDMENT A-23-001

TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF UNION

CITY TO REZONE THE PROPERTIES LOCATED ALONG THE UNION
CITY BOULEVARD CORRIDOR, WITH A UNION CITY 2040 GENERAL

PLAN DESIGNATION OF MIXED-USE EMPLOYMENT (EMU), FROM

SPECIAL INDUSTRIAL (MS) TO CORRIDOR MIXED-USE EMPLOYMENT (CMUE) FOR CONSISTENCY WITH THE GENERAL PLAN, AND FIND

THAT THE AMENDMENTS ARE EXEMPT FROM ENVIRONMENTAL

REVIEW IN ACCORDANCE WITH CEQA GUIDELINES SECTION
15061(B)(3)
Staff recommends that the City Council hold a public hearing and introduce an Ordinance (Attachment 1) approving Zoning Text Amendment AT-23-002 and Zoning Map Amendment A-23-001. Zoning Text Amendment AT-23-002 amends Title 18, Zoning, of the Union City Municipal Code to update Chapter 18.41 to rename this Chapter “Employment Mixed-Use Districts” and adds a new zoning district referred to as “Corridor Mixed-Use Employment (CMUE)." Zoning Map Amendment A-23-001 amends the Official Zoning Map of the City of Union City to rezone the properties located along the Union City Boulevard Corridor, with a General Plan Designation of Mixed-Use Employment (EMU) from Special Industrial (MS) to Corridor Mixed-Use Employment (CMUE) for consistency with the General Plan.

The proposed zoning text amendments associated with AT-23-002 are included in Exhibit A (Clean) and B (red-lined) of Attachment 1.

The proposed zoning map amendments associated with A-23-001 are included in Exhibit C (Existing) and D (Proposed) of Attachment 1.

City Council/RSA Agenda 734 Tuesday, July 11, 2023
Approval of the amendments is exempt from environmental review in accordance with California Environmental Quality Act Guidelines section 15061(b)(3), the generalexemption for projects with no potential for significant effect on the environment. As a series of text amendments and additions, it can be seen with certainty that there is no possibility that the Municipal Code Amendment will have a significant effect on the environment.

The Planning Commission recommended approval of Zoning Text Amendment AT-23-002 with modified language to the City Council at its June 15, 2023, meeting on a 3-0 vote. Attached to this staff report are the Planning Commission Staff Report (Attachment 2), Planning Commission Desk Item (Attachment 3), Draft Planning Commission Meeting Minutes (Attachment 4), and Planning Commission Resolution (Attachment 5).

STRATEGIC PLAN ALIGNMENT
The proposed amendments are in alignment with the following:

Goal C. Institute forward-thinking business, land use development, housing, social services, and public safety strategies that promote community growth and innovation.

Goal C. Strategy 1. Analyze the feasibility of transforming warehouses to attract high-value industrial and commercial uses for the benefit of the community.

Goal C. Strategy 15. Improve and streamline the development process. (Council Priority)

BACKGROUND
The Union City 2040 General Plan designates some properties along the Union City Boulevard corridor as Mixed-Use Employment. To implement the vision of the General Plan, staff is proposing to add a new zoning designation to the Zoning Ordinance entitled "Corridor Mixed Use Employment (CMUE) District." The standards proposed for the CMUE are based on the Station East Employment District (SEE) District which is a Mixed-Use Employment Zoning District within the Station District Specific Plan area and shares similarities with the CMUE District. Both zoning districts provide for mixed use employment centers, which are designed to accommodate a higher density employment district than the City’s more traditional industrial areas. The amendments also reflect the design criteria and performance standards proposed as part of the updates to Chapter

18.40, Industrial Districts. Due to the similarities between the two zoning districts, staff is proposing to include them in one chapter entitled Employment Mixed-Use Districts. See Exhibit A (clean version) and Exhibit B (redlined version) for the proposed amendment wording.

The Zoning Map Amendment proposes to rezone properties identified in the Union City 2040 General Plan as Mixed-Use Employment (EMU) to apply the new CMUE zoning designation. The current zoning for the area is Special Industrial (MS). See Exhibit C (Existing Zoning Map) and Exhibit D (Proposed Zoning Map), which shows which parcels are proposed to be rezoned.

DISCUSSION
A high-level summary of the text amendments are included below. To review the text amendment language, see attached Exhibit A (Clean) and Exhibit B (Redlines) of Attachment 1.

A. Chapter 18.41, Mixed-Use Employment Districts
City Council/RSA Agenda 735 Tuesday, July 11, 2023
Updates are proposed to Chapter 18.41, Station East Employment (SEE), to add the new CMUE zoning district standards, and update the title to Mixed-Use Employment Districts due to the fact that both of these districts allow for higher density, mixed use employment centers. This approach is consistent with the format for the City’s industrialareas, which combines similar zoning districts into one chapter for simplicity and ease of review.

Section 18.41.010 Purpose
The amendments incorporate the purpose of each district. The purpose has been aligned to those stated in the 2040 General Plan.

Section 18.41.020 Land useregulations – Mixed-Use Employment.

The amendments modify the existing use categories in the SEE District by clarifying language, combining similar uses, and adding new uses, which better reflect the current market conditions. All uses are combined into a single table for ease of use and to ensure use categories are standardized across all districts.

Included uses for the CMUE District align with the stated purpose by allowing a mix of higher-density employment uses. These uses include light industrial, research and development, office, and flex space, as wellas supportive commercial uses that are vertically or horizontally integrated.

Section 18.41.050 Performancestandards
The amendments incorporate the existing SEE District performance standards, with minor modifications to ensure cons with the language of similar standards in the Industrial Zoning District. These performance standards willalso apply to the CMUE District. The performance standards include:

1. Limitations on outdoor storage and activities;

2. Standards for solid waste, organic waste and recyclable materials enclosures;

3. Site maintenance;

4. Hazardous materials regulations;

5. Limitations on the number of driveways per street frontage;

6. Standards for additions and modifications to existing industrial development; and

7. Limitations on nuisance characteristics such as odors, noise, vibrations, etc.

Section 18.41.060 Development standards
The amendments keep all existing SEE District development standards and incorporate the new development standards for the CMUE District. The amendments would include all development standards into a single table for clarity and ease of use.

Section 18.41.070 Supplemental Standards
The amendments incorporate existing SEE District supplemental standards and add some new standards, for consistency, into a single section. Many of these standards will also apply to the CMUE District. If a standard only applies to a specific district it is noted in the section. The supplemental standards include permitted obstructions, signage, walls and fences, landscaping, employee amenity areas, sidewalks and street frontage improvements, equipment screening, and bicycle and pedestrian facilities.

These supplemental standards ensure new development is well-designed and accommodates a variety of City Council/RSA Agenda 736 Tuesday, July 11, 2023
flex-industrial uses including office and research and development uses. In addition, including these standards in the chapter ensures applicants are aware of what is expected, which streamlines the approval process by cutting down the back and forth between the applicant and staff.

Section 18.41.080 Of -street parking and loading / Section 18.41.090 Bicycle parking The amendments keep the parking and loading requirements for the SEE District, while also establishing parking and loading requirements for the CMUE District that align with those currently included in Chapter

18.40, Industrial Districts. Additionally, the amendments include parking structures requirements, and clarify parking requirements for flex industrial buildings. If a standard only applies to a specific district it is noted in the section.

The amendments keep the existing SEE District established bicycle parking standards and establish new bicycle parking standards for the CMUE District.

As noted above, the parking requirements are different between the two districts. The existing parking requirements for the SEE District were informed, in part, by the geographical location within the Station District. Related to that, the parking standards are based on what is included in the Station District Specific Plan, which were dictated by the parameters of the grant the City received from the Metropolitan Transportation Commission, to prepare the Specific Plan.

Section 18.41.100 Design criteria
The amendments incorporate the existing SEE District design standards, with minor modifications to ensure consistency with the language of similar standards in the industrial districts. If a standard only applies to a specific district it is noted in the section. The design standards encourage attractive architectural developments, create a stronger sense of place and a more positive image for the industrial districts. The standards promote the use of a “Modern” building vocabulary, minimize massing and blank walls, require the incorporation of architectural features and detailing as wellas high quality materials and the use of color. Similar to the discussion above, there is also the added benefit of including the design criteria in the chapter, which streamlines the approval process by providing clarity and cutting down the back and forth between the applicant and staff.

B. Study Sessions and 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. The proposed amendments were updated in response to the feedback. The Planning Commission staff report and Desk Item can be accessed online at the URL below. 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 City Council staff report can be accessed online at the URL below.
https://unioncity.novusagenda.com/agendapublic/MeetingView.aspx? City Council/RSA Agenda 737 Tuesday, July 11, 2023
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.

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 processing timelines for use permits.

Public Outreach
A newspaper notice for the zoning text amendments and zoning map amendments was published in the TriCity Voice as required by State Law for the Planning Commission and City Council public hearings. To date, staff has not received any public comments.

C. Planning Commission Hearing
The Planning Commission reviewed the proposed amendments at a public hearing on June 15, 2023. For a detailed overview of the Planning Commission discussion, see attached Draft Meeting Minutes labeled Attachment 4. The Commission also considered a Desk Item (Attachment 3) concerning questions and comments from Commissioner Lew regarding the proposed amendments. The Desk Item updated references and addressed minor formatting and grammatical errors. The Commission voted 3-0 to recommend approval of the proposed amendments as modified by the Desk Item to the City Council.

Commissioner's Guio and Sandhu were required to recuse themselves due to proximity of property they owned to the boundary of the new CMUE Zoning District.

FISCAL IMPACT
No fiscal impacts to the general fund would result from adoption of the proposed zoning text amendments.

RECOMMENDATION
Consistent with the Planning Commission recommendation, staff recommends that the City Council, hold a public hearing and introduce an Ordinance (Attachment 1) approving Zoning Text Amendment AT-23-002 and Zoning Map Amendment A-23-001 and find that the amendments are exempt from environmental review in accordance with CEQA guidelines section 15061(b) (3).

Prepared by:

Brandon H DeLucas, Associate Planner
Submitted by:

Brandon H DeLucas, Associate Planner
City Council/RSA Agenda 738 Tuesday, July 11, 2023
ATTACHMENTS:

Description Type
Attachment 1: Draft City Council Ordinance Ordinance
Attachment 1: Exhibit A (Clean) Exhibit
Attachment 1: Exhibit B(Redlines) Exhibit
Attachment 1: Exhibit C(Existing Zoning) Exhibit
Attachment 1: Exhibit D(Proposed Zoning) Exhibit
Attachment 2: Planning Commission Staff Report dated 06/15/2023 Attachment Attachment 3: Desk Itemdated 06/15/2023 Attachment
Attachment 4: Draft Planning Commission Minutes dated?
06/15/2023
Attachment
Attachment 5: Planning Commission Resolution 12-23 Attachment Power Point Attachment
City Council/RSA Agenda 739 Tuesday, July 11, 2023
Attachment 1
ORDINANCE NO. XXXX-23

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING 1) ZONING TEXT AMENDMENT, AT-23-002 AMENDING TITLE 18, ZONING, OF THE UNION CITY MUNICIPAL CODE TO UPDATE CHAPTER 18.41,

STATION EAST EMPLOYMENT (SEE) DISTRICT TO ADD A NEW ZONING DISTRICT FOR CONSISTENCY WITH THE UNION CITY 2040 GENERAL PLAN

DESIGNATION OF MIXED-USE EMPLOYMENT (EMU) REFERRED TO AS “CORRIDOR MIXED USE EMPLOYMENT (CMUE)” AND RENAME THIS CHAPTER “EMPLOYMENT MIXED USE DISTRICTS” AND 2) ZONING MAP AMENDMENT A23-001 AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF UNION CITY TO REZONE PROPERTIES LOCATED ALONG THE UNION CITY BLVD.

CORRIDOR, WITH A UNION CITY 2040 GENERAL PLAN DESIGNATION OF

MIXED-USE EMPLOYMENT (EMU), FROM SPECIAL INDUSTRIAL (MS) TO

CORRIDOR MIXED USE EMPLOYMENT (CMUE) FOR CONSISTENCY WITH THE

GENERAL PLAN
WHEREAS, the Union City 2040 General Plan designates some properties along the Union City Blvd. corridor as Mixed-Use Employment; and
WHEREAS, to implement the vision of the General Plan, the new Corridor Mixed Use Employment (CMUE) District standards where created; and WHEREAS, the Zoning Map Amendment proposes to rezone the properties identified to apply the new CMUE zoning designation; and
WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and
WHEREAS, the City’s Zoning Code currently regulates all development within the City; and
WHEREAS, the City Council desires to amend Title 18 of the Union City Municipal Code, Chapter 18.41, Station East Employment (SEE) District is proposed to be amended to add a new zoning district for consistency with the Union City 2040 General Plan designation of Mixed-Use Employment (EMU) referred to as “Corridor Mixed Use Employment (CMUE) District” and rename this chapter “Employment Mixed Use Districts.” Additionally, the amendment would update the SEE District to modify and standardize uses, update development, performance and objective design standards for consistency with the CMUE District and reformat the chapter for ease of use and consistency with other chapters in Title 18. The City of Union City is also proposing to amend the official Zoning Map, to rezone properties located along the Union City Blvd. Corridor, with a Union City 2040 General Plan designation of Mixed-Use Employment City Council/RSA Agenda 740 Tuesday, July 11, 2023
(EMU), from Special Industrial (MS) to Corridor Mixed Use Employment (CMUE) for consistency with the General Plan; and

PLANNING COMMISSION REVIEW
WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed amendments associated with AT-23-002 and A-23-001 on June 15, 2023, at which time all interested parties had the opportunity to be heard. The Planning Commission considered a staff report and Desk Item dated June 15, 2023 and all written and oral testimony, and adopted Resolution No. 12-23 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 (Clean) and Exhibit B (Redlined), which are attached hereto and incorporated herein by reference; and
WHEREAS, the amendment to the official zoning map as shown in Exhibit C (Existing) and Exhibit D (Proposed), which are attached hereto and incorporated herein by reference; and THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS:

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

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.

City Council/RSA Agenda 741 Tuesday, July 11, 2023
SECTION 4. Approval. The City Council hereby approves the amendments to the Municipal Code, more particularly, amending Chapter 18.41, Employment Mixed-Use Districts, as shown in attached Exhibit A, and amending the official zoning map, as shown in attached Exhibit D, which is incorporated herein by reference and available for review in the City Clerk’s office during normal business hours.

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

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

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

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

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

ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 742 Tuesday, July 11, 2023
City Council/RSA Agenda 743 Tuesday, July 11, 2023

EXHIBIT A
Chapter 18.41 MIXED-USE EMPLOYMENT DISTRICTS

18.41.010 Purpose.

The Mixed-Use Employment Districts are as follows:

Station East Employment (SEE): The purpose of the SEE District is to accommodate a higher density employment district, which allows for a range of uses including office, lab, research and development, and light manufacturing and accompanying commercial services and uses to create an urban campus in a walkable and transit-oriented setting. Other uses, including hotels, conference centers, and public or quasi-public uses of an educational or recreational nature, can be established if it will support the City’s economic development goals for the area.

Corridor Mixed-Use Employment (CMUE): The purpose of the CMUE District is to accommodate a mix of employment uses, including but not limited to light industrial, research and development, office, and flex space, as well as supportive commercial uses that are vertically or horizontally integrated. The Mixed-use Employment designation is intended to foster innovation and emerging technologies; promote the creation of an employment district with travel patterns that are oriented toward pedestrian, transit, and bicycle use; and provide amenities to employees as well as surrounding neighborhoods. This zoning district implements the Mixed-Use Employment (EMU) General Plan Land Use Designation.

18.41.020 Land use regulations – Mixed Use Employment Districts.

Table 18.41.020 Land use regulations—Mixed-Use Employment Districts sets the land use regulations for the Mixed-Use Employment 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 18.41.020 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. All uses shall be conducted within a permanent building.

City Council/RSA Agenda 744 Tuesday, July 11, 2023
AT-23-002
Exhibit A, Page 2
Table 18.41.020 Land use regulations – Mixed-Use Employment Districts Use Corridor
Mixed-Use
Employment
(CMUE)
Station East
Employment
(SEE)
Specific use regulations/
notes

ASSEMBLY, EDUCATION, AND RECREATION
Conference center UP UP
Hotel UP UP
Professional trade schools and
colleges
UP UP
Limited to programs serving
persons 18 years or older
Public or quasi-public uses of an
educational or recreational nature
- UP
COMMERCIAL USES – Permitted only as a ground floor use as part of an office, industrial, hotel or conference center development
Banks and financial institutions P P
Business services P P
Civic facilities P P
Fitness and recreational facilities P P
With an occupant load of less
than fifty (50) under the Uniform
Building Code
Food service P P Excluding drive-through uses
Outdoor dining areas AUP AUP
Subject to the standards of
Section 18.36.190
Live music (amplified) UP UP
Subject to the standards of
Section 18.36.195(B)
Live music (non-amplified) AUP AUP Subject to the standards of Section 18.36.195(A)
Food stores P P
Up to twenty-five thousand
(25,000) square feet, excluding
convenience markets
General merchandise/retail
stores,
P P
Excluding adult business stores,
clearance center/dollar stores,
pawn shops, second hand/thrift
stores, and retail tobacco stores
Office uses including medical
offices
P P
Personal services - P
INDUSTRIAL USES – MANUFACTURING AND ASSEMBLY
City Council/RSA Agenda 745 Tuesday, July 11, 2023
AT-23-002
Exhibit A, Page 3
Table 18.41.020 Land use regulations – Mixed-Use Employment Districts Use Corridor
Mixed-Use
Employment
(CMUE)
Station East
Employment
(SEE)
Specific use regulations/
notes
Breweries, distilleries and wineries UP UP
Accessory on-site tasting rooms
permitted. Including food service.

Outdoor dining areas subject to
the provisions listed in Section

18.36.190
Live music (amplified) UP UP
Subject to the standards of
Section 18.36.195(B)
Live music (non-amplified) AUP AUP Subject to the standards of Section 18.36.195(A)
Manufacture of pharmaceuticals
and products from the life
sciences and biotechnology
industries
P P
Manufacture and assembly of
electric and electronic supplies,
instruments and devices,
computer hardware and software,
semiconductors, and computer
chips
P P
Manufacture of fabricated metal
products

AUP AUP
Manufacture of food products P -
Excluding production of fish or
meat products, sauerkraut,
vinegar or the like, or the
rendering or refining of fats, oils,
or canning
Manufacturing and assembly of
medical equipment
P P
Manufacturing and assembly of,
optical goods, watches and clocks,
musical instruments and camera
and photographic equipment
P P
Manufacturing and assembly of
products from previous prepared
materials such as precious or
semi-precious metal
P P
City Council/RSA Agenda 746 Tuesday, July 11, 2023
AT-23-002
Exhibit A, Page 4
Table 18.41.020 Land use regulations – Mixed-Use Employment Districts Use Corridor
Mixed-Use
Employment
(CMUE)
Station East
Employment
(SEE)
Specific use regulations/
notes
Manufacturing and assembly,
including cutting, polishing, and
setting of jewelry products and
products from precious or semiprecious stone
P P
Manufacturing and assembly of
leather products and associated
dyeing
P P Excluding tanning and curing
Manufacturing and assembly of
textile products including apparel
P P Excluding dyeing
Manufacturing and assembly of
plastic and rubber products,
P P Excluding tire manufacturing

INDUSTRIAL SERVICES
Contractor services UP UP
Incubator spaces AUP AUP
Maker space P P
Media production studios UP UP

OFFICE/LABORATORY/RESEARCH AND DEVELOPMENT
Administrative, executive,
financial and professional offices
AUP P Excluding medical offices
Engineering and design services
and related facilities
P P
Research and development
services and related facilities
P P
Including life sciences, medical
and pharmaceutical research,
electronics, and computer
science
RETAIL
Commercial cannabis use P -
Subject to the zoning
requirements of Chapter 18.117
and the licensure and regulatory
requirements of Chapter 5.44
City Council/RSA Agenda 747 Tuesday, July 11, 2023
AT-23-002
Exhibit A, Page 5
Table 18.41.020 Land use regulations – Mixed-Use Employment Districts Use Corridor
Mixed-Use
Employment
(CMUE)
Station East
Employment
(SEE)
Specific use regulations/
notes
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

MISCELLANEOUS USES
Civic facilities P P

18.41.030 Prohibited uses.

Distribution, wholesale, warehouse, outdoor storage, and/or repackaging uses are prohibited.

18.41.040 Accessory uses.

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

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

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

18.41.050 Performance standards.

A. In the SEE District, retail, service, public, or office uses shall be provided along the ground floor of buildings in the areas detailed in the Station District Specific Plan Figure 4-6.

B. All business, services, and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas and solid waste/recycling enclosures.

Outdoor storage is prohibited. Incidental equipment that is necessary to conduct the operation of the business and that is required to be installed outdoors may be allowed subject to approval by the Economic and Community Development Director or decision maker.

D. Site shall be maintained in good order at all times and consistent with project conditions of approval (if applicable). This shall include, but is not limited to, maintenance and repair of all onsite structures including building façade materials or paint, fencing/walls, signage, paved areas City Council/RSA Agenda 748 Tuesday, July 11, 2023
AT-23-002
Exhibit A, Page 6
including sidewalks and driveways, and landscaping, as may be necessary to preserve a highquality aesthetic for the area.

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

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

G. 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 18.41.100 H. Permitted or conditional uses shall not:

1. Emit obnoxious, toxic or corrosive fumes or gases;

2. Emit odors, heat or glare perceptible beyond property lines;

3. Emit smoke nor discharge into the air dust or other particular matter created by any industrial operations or emanating from any products stored prior or subsequent to processing;

4. Produce noise perceptible beyond property lines, except as may be allowed by the Union City Community Noise Ordinance (Chapter 9.40 of the Union City Municipal Code);

5. Produce physical vibration perceptible beyond property lines;

6. Produce electromagnetic radiation or radioactive emission injurious to human beings, animals or vegetation, except under controlled operations being conducted observing standard methods or operations established by the California Department of Health Services, CAL-OSHA or the Nuclear Regulatory Commission. The most restrictive requirements shall apply. Electromagnetic radiation or radioactive emissions shall not be of an intensity that interferes with the use of any other property;

7. Engage in the production or storage of any material designed for use as an explosive, nor in the use of such material in production; and

8. Utilize diesel fuel powered equipment unless for standby emergency use only.

18.41.060 Development standards.

Table 18.41.060 Development standards
Standard Corridor Mixed-Use Employment
(CMUE)
Station East Employment (SEE)
Site area, minimum One (1) Acre One (1) Acre
Floor area ratio, FAR
.40 minimum .75 minimum

2.0 maximum 3.0 maximum
Street frontage,
minimum*
150 feet 150 feet
City Council/RSA Agenda 749 Tuesday, July 11, 2023
AT-23-002
Exhibit A, Page 7
Lot depth, minimum* 200 feet 200 feet
Front yard setback,
minimum 10 feet 10 feet
Interior side yard
setback, minimum
5 feet 4 feet
50 feet when adjoining a residential
district or use
20 feet when adjoining a
residential district or use
Street side yard
setback, minimum 10 feet 10 feet
Rear yard setback,
minimum
10 feet 10 feet
50 feet when adjoining a residential
district or use
20 feet when adjoining a
residential district or use
Maximum height
60 feet. Rooftop employee
amenities may be permitted,
including, but not limited to, break
rooms and kitchens, recreational
facilities, gardens and seating areas
provided they do not exceed twenty
(20) feet in height. Buildings along
major arterials must be a minimum
of two (2) stories.
100 feet. Rooftop amenities may
be permitted, including, but not
limited to, community rooms and
kitchens, recreational facilities, and
greenhouses provided they do not
exceed twenty (20) feet in height.

All buildings must be a minimum of
two (2) stories.
* Exceptions may be granted by the decision maker through the Site development review process if it results in a more usable lot configuration or to accommodate lots created for public or common use.

18.41.070 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 18.41.070(C).

8. Landscaping and landscape features as provided for in Section 18.41.070(F).

9. Public art.

B. Signs, marquees, awnings.

City Council/RSA Agenda 750 Tuesday, July 11, 2023
AT-23-002
Exhibit A, Page 8

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

2. In the SEE District, Blade signs may project over the sidewalk to indicate and demarcate commercial uses and increase pedestrian interest, subject to approval of an encroachment permit by the Public Works Department.

C. Walls and fences

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

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

3. In the required front yard,
a. the maximum height shall be three (3) feet above the surface of the ground.

4. In the required street side yard,
a. the maximum height shall be three (3) feet above the surface of the ground.

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. 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 City Council/RSA Agenda 751 Tuesday, July 11, 2023
AT-23-002
Exhibit A, Page 9
to buildings which increase existing square footage by fifty percent (50%) or more, or projects that include substantial site modifications, shall provide sidewalks, curbs, and gutters if none already exist. Improvements shall be installed consistent with City standards and specifications.

F. Landscaping.

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

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

2. Projects that include development of a vacant site or substantial modification of a developed site, shall provide landscaped areas that measure a minimum fifteen percent (15%) of the project site area. Projects that cannot provide the minimum amount of required landscaping 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. Parking lot coverage. To provide adequate visual screening of any surface parking areas from public rights-of-way, there shall be a landscaped strip ten (10) feet in width which shall be contiguous and parallel to such rights-of-way and shall be planted with trees, shrubs, and ground cover sufficient to obtain the required screening.

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

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

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

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

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

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

2. Pedestrian pathways between buildings and parcels;

3. Publicly accessible pedestrian amenities which may include plazas, pocket parks, seating areas, fountains, public art, and/or eating areas;
City Council/RSA Agenda 752 Tuesday, July 11, 2023
AT-23-002
Exhibit A, Page 10

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

5. Inclusion of bicycle paths and bicycle parking facilities consistent with the Bicycle and Pedestrian Master Plan and designed and installed in conformance with the design criteria outlined in Section 18.28.080.

18.41.080 Off-street parking and loading
A. In the SEE District, off-street parking shall be provided consistent with the following standards.

Table 18.41.080(A) SEE District off-street parking requirements Use
Minimum off-street
parking requirements
Maximum off-street
parking allowed
Retail 1.0 space/300 square feet 1.0 space/200 square feet Office 1.0 space/300 square feet 1.0 space/250 square feet Research and development laboratory 1.0 space/500 square feet 1.0 space/300 square feet Manufacturing 1.0 space/500 square feet 1.0 space/300 square feet Other uses See Section 18.36.150 See Section 18.36.150

1. Automobile parking areas shall not occupy more than thirty percent (30%) of the primary street frontage.

B. In the CMUE District, off-street parking shall be provided consistent with the following standards.

Table 18.41.080(B) CMUE District off-street parking requirements Use Minimum off-street parking requirements
Office 1.0 space / 300 square feet
Research and development laboratory 1.0 space / 500 square feet Manufacturing 1.0 Space / 1000 square feet
Other uses See Section 18.36.150
C. Off-street parking shall be provided consistent with the following standards:

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

2. 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.

3. Joint use of parking spaces may be allowed subject to the limitations and conditions included in Section 18.36.160.

City Council/RSA Agenda 753 Tuesday, July 11, 2023
AT-23-002
Exhibit A, Page 11

4. 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.

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

6. 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.

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

D. 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 and are subject to review and approval through the site development review process. 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.

3. In the SEE District, adequate loading zones shall be provided along the street frontage(s).

City Council/RSA Agenda 754 Tuesday, July 11, 2023
AT-23-002
Exhibit A, Page 12

18.41.090 Bicycle parking
A. In the SEE District, bicycle parking shall be provided consistent with the following standards.

Table 18.41.090(B) SEE District bicycle parking requirements Use Short-term bicycle parking Long-term bicycle parking Retail 1.0 space/3,000 square feet 1.0 space/10,000 square feet Office, research and
development laboratory, and
other nonresidential uses

1.0 space/8,000 square
feet, minimum of 2 spaces 1.0 space/4,000 square feet
B. In the CMUE District, Bicycle parking shall be provided consistent with the following standards.

Table 18.41.090(B) CMUE District Bicycle Parking Requirements Use Short-Term Bicycle Long-Term Bicycle
Retail 1.0 space / 3,000 square feet 1.0 space / 10,000 square feet Office, research and
development laboratory, and
manufacturing

1.0 space / 20,000 square feet 1.0 space / 7,000 square feet C. Bicycle parking shall be provided consistent with the following standards;

1. Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080.

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

3. 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.

18.41.100 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. In the SEE District, building elevations shall include variations in wall plane, wall height, and roofs located at different levels in order to minimize the overall appearance of the elevation. Building wall shall not continue for more than twenty-five (25) feet without a change in building wall plane direction of at least two (2) feet.

City Council/RSA Agenda 755 Tuesday, July 11, 2023
AT-23-002
Exhibit A, Page 13

2. In the SEE District, all elevations shall provide articulation and detailing include elements such as recesses, columns, score lines, reveals, trellises, windows, lighting, or other features to create shadow patterns and depth on building elevations.

3. In the CMUE District, 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;
b. Detailing including elements such as recesses, columns, living walls, score lines, reveals, trellises, lighting, or other features to create shadow patterns and depth on building elevations; and
c. Other elements as required by the Director.

4. 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.

5. 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.

6. 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%). Façades facing streets or pedestrian focused areas such as promenades and plazas shall be lined with windows.

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 756 Tuesday, July 11, 2023
AT-23-002
Exhibit A, Page 14

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

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

9. Ceramic tile;

10. Cement plaster;

11. Wood.

C. Ground floor commercial uses. The design of ground floor commercial uses shall comply with the following:

1. Minimum depth of commercial space is thirty-five (35) feet and minimum height is eighteen (18) feet floor to floor.

2. A minimum of twenty-five percent (25%) of the ground floor commercial area shall be designed to accommodate a food service use.

3. Between two and one-half (2½) feet and seven (7) feet above grade, ground floor transparency (i.e., amount of glazing) shall be fifty percent (50%) for all other commercial uses.

4. Ground floor façades shall be designed to give identity to each retail and service establishment, through recesses, enhanced materials, signage and architectural features that are integral components of the building.

5. The maximum distance of blank wall (a façade without doors, windows, landscaping treatments, or other pedestrian interest) on the ground level of any building facing a street, open space, or paseo shall not exceed twenty (20) feet in length.

6. The design of ground floor commercial uses shall promote indoor/outdoor connections by providing some or all of the following:
a. Sliding or removable windows/doors;
b. Low planters with wide seat walls;
c. Recessed entrances and porticos that increase the indoor/outdoor quality or allow for increased outdoor seating or display;
d. Awnings and canopies that may encroach into the public right-of-way subject to approval of an encroachment permit by the Public Works Department; and e. Visually transparent storefronts with clear glass windows and doors that are not blocked by storage, racks or shelving placed against glass.

City Council/RSA Agenda 757 Tuesday, July 11, 2023

EXHIBIT B (REDLINES)
Chapter 18.41 STATION EAST EMPLOYMENT (SEE) MIXED-USE EMPLOYMENT

DISTRICTS

18.41.010 Purpose.

The Mixed-Use Employment Districts are as follows:

Station East Employment (SEE): The purpose of the Station East Employment (SEE) district District is to accommodate a higher density employment district, which allows for a range of uses including office, lab, research and development, and light manufacturing and accompanying commercial services and uses to create an urban campus in a walkable and transit-oriented setting. Other uses, including hotels, conference centers, and public or quasi-public uses of an educational or recreational nature, can be established if it will support the City’s economic development goals for the area.

18.41.020 Land use regulations – Mixed Use Employment DistrictsPermitted uses.

City Council/RSA Agenda 758 Tuesday, July 11, 2023
AT-23-002
Exhibit B (Chapter 18.41 Redlines), Page 2
Table 18.41.020 Land use regulations – Mixed-Use Employment Districts Use Corridor
Mixed-Use
Employment
(CMUE)
Station East
Employment
(SEE)
Specific use regulations/
notes

ASSEMBLY, EDUCATION, AND RECREATION
Conference center UP UP
Hotel UP UP
Professional trade schools and
colleges
UP UP
Limited to programs serving
persons 18 years or older
Public or quasi-public uses of an
educational or recreational nature
- UP
COMMERCIAL USES – Permitted only as a ground floor use as part of an office, industrial, hotel or conference center development
Banks and financial institutions P P
Business services P P
Civic facilities P P
Fitness and recreational facilities P P
With an occupant load of less
than fifty (50) under the Uniform
Building Code
Food service P P Excluding drive-through uses
Outdoor dining areas AUP AUP
Subject to the standards of
Section 18.36.190
Live music (amplified) UP UP
Subject to the standards of
Section 18.36.195(B)
Live music (non-amplified) AUP AUP Subject to the standards of Section 18.36.195(A)
Food stores P P
Up to twenty-five thousand
(25,000) square feet, excluding
convenience markets
General merchandise/retail
stores,
P P
Excluding adult business stores,
clearance center/dollar stores,
pawn shops, second hand/thrift
stores, and retail tobacco stores
Office uses including medical
offices
P P
Personal services - P
INDUSTRIAL USES – MANUFACTURING AND ASSEMBLY
City Council/RSA Agenda 759 Tuesday, July 11, 2023
AT-23-002
Exhibit B (Chapter 18.41 Redlines), Page 3
Table 18.41.020 Land use regulations – Mixed-Use Employment Districts Use Corridor
Mixed-Use
Employment
(CMUE)
Station East
Employment
(SEE)
Specific use regulations/
notes
Breweries, distilleries and wineries UP UP
Accessory on-site tasting rooms
permitted. Including food service.

Outdoor dining areas subject to
the provisions listed in Section

AUP AUP
Manufacture of food products P -
Excluding production of fish or
meat products, sauerkraut,
vinegar or the like, or the
rendering or refining of fats, oils,
or canning
Manufacturing and assembly of
medical equipment
P P
Manufacturing and assembly of,
optical goods, watches and clocks,
musical instruments and camera
and photographic equipment
P P
Manufacturing and assembly of
products from previous prepared
materials such as precious or
semi-precious metal
P P
City Council/RSA Agenda 760 Tuesday, July 11, 2023
AT-23-002
Exhibit B (Chapter 18.41 Redlines), Page 4
Table 18.41.020 Land use regulations – Mixed-Use Employment Districts Use Corridor
Mixed-Use
Employment
(CMUE)
Station East
Employment
(SEE)
Specific use regulations/
notes
Manufacturing and assembly,
including cutting, polishing, and
setting of jewelry products and
products from precious or semiprecious stone
P P
Manufacturing and assembly of
leather products and associated
dyeing
P P Excluding tanning and curing
Manufacturing and assembly of
textile products including apparel
P P Excluding dyeing
Manufacturing and assembly of
plastic and rubber products,
P P Excluding tire manufacturing

INDUSTRIAL SERVICES
Contractor services UP UP
Incubator spaces AUP AUP
Maker space P P
Media production studios UP UP

OFFICE/LABORATORY/RESEARCH AND DEVELOPMENT
Administrative, executive,
financial and professional offices
AUP P Excluding medical offices
Engineering and design services
and related facilities
P P
Research and development
services and related facilities
P P
Including life sciences, medical
and pharmaceutical research,
electronics, and computer
science
RETAIL
Commercial cannabis use P -
Subject to the zoning
requirements of Chapter 18.117
and the licensure and regulatory
requirements of Chapter 5.44
City Council/RSA Agenda 761 Tuesday, July 11, 2023
AT-23-002
Exhibit B (Chapter 18.41 Redlines), Page 5
Table 18.41.020 Land use regulations – Mixed-Use Employment Districts Use Corridor
Mixed-Use
Employment
(CMUE)
Station East
Employment
(SEE)
Specific use regulations/
notes
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

MISCELLANEOUS USES
Civic facilities P P
The following uses shall be permitted:

A. Civic facilities.

B. Ground floor commercial uses as part of an office mixed use development, hotel or conference center including:

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

2. Business services;

3. Civic facilities;

4. Fitness studios with an occupant load of less than fifty (50) under the Uniform Building Code;

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

6. Food stores, up to twenty-five thousand (25,000) square feet, excluding convenience markets;

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

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

9. Office uses;

10. Outdoor dining areas subject to the provisions listed in Section 18.39.055; and

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

C. Manufacture and assembly of electric and electronic supplies, instruments and devices, computer hardware and software, semiconductors, and computer chips, provided no noxious of offensive fumes or odors are produced.

City Council/RSA Agenda 762 Tuesday, July 11, 2023
AT-23-002
Exhibit B (Chapter 18.41 Redlines), Page 6
D. Manufacture of pharmaceuticals and products from the life sciences and biotechnology industries, provided no noxious or offensive fumes or odors are produced.

E. Manufacture of scientific, medical, dental and drafting instruments, orthopedic and medical applications, optical goods, watches and clocks, precision instruments, musical instruments and camera and photographic equipment except film.

F. Manufacturing, assembly, including packaging and storage, of products from previous prepared materials, such as cloth, plastic, leather, precious or semi-precious metals or stones, but not including such operations as saw and planing mills, nor any manufacturing uses involving primary production of wood, metal or chemical products from raw materials.

G. Office uses excluding health services.

H. Research and development laboratories and related facilities, including for life sciences, medical and pharmaceutical research, electronics, and computer science.

I. Retail sales of goods manufactured, processed or assembled on the premises.

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

18.41.030 Conditional uses.

The following conditional uses shall be permitted in the SEE zoning district upon the granting of a use permit by the Planning Commission (refer to Chapter 18.56 for a detailed description of the use permit process):

A. Hotels and conference centers.

B. Manufacture of fabricated metal products.

C. Microbreweries, wineries, or distilleries with accessory food service and outdoor dining.

D. Public or quasi-public uses of an educational or recreational nature.

E. Specialty trade contractors when located in a completely enclosed building.

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

18.41.040 030 Prohibited uses.

Distribution, import/export, wholesale, warehouse, outdoor storage, and/or repackaging uses are prohibited. within the SEE District.

18.41.050 040 Accessory uses.

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

City Council/RSA Agenda 763 Tuesday, July 11, 2023
AT-23-002
Exhibit B (Chapter 18.41 Redlines), Page 7
B. Accessory structures and uses customarily incidental to any of the above conditional uses when located on the same lot are permitted only upon the granting or modification of a conditional use permit pursuant to the provisions of Chapter 18.56.

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

18.41.060 050 Performance standards.

A. In the SEE District, rRetail, service, public, or office uses shall be provided along the ground floor of buildings in the areas detailed in the Station District Specific Plan Figure 4-6.

B. All business, services, and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas and solid waste/recycling enclosures.

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

D. Site shall be maintained in good order at all times and consistent with project conditions of approval (if applicable). This shall include, but is not limited to, maintenance and repair of all onsite structures including building façade materials or paint, fencing/walls, signage, paved areas including sidewalks and driveways, and landscaping, as may be necessary to preserve a highquality aesthetic for the area.

E. All uses shall comply with the regulations pertaining to hazardous materials contained in Chapter 18.40, Article IV18.43.

1. Emit obnoxious, toxic or corrosive fumes or gases;

2. Emit odors, heat or glare perceptible beyond property lines;

3. Emit smoke nor discharge into the air dust or other particular matter created by any industrial operations or emanating from any products stored prior or subsequent to processing;

4. Produce no noise perceptible beyond property lines, except as may be allowed by the Union City Community Noise Ordinance (Chapter 9.40 of the Union City Municipal Code); City Council/RSA Agenda 764 Tuesday, July 11, 2023
AT-23-002
Exhibit B (Chapter 18.41 Redlines), Page 8

5. Produce no physical vibration perceptible beyond property lines;

6. Produce no electromagnetic radiation or radioactive emission injurious to human beings, animals or vegetation, except under controlled operations being conducted observing standard methods or operations established by the California Department of Health Services, CAL-OSHA or the Nuclear Regulatory Commission. The most restrictive requirements shall apply. Electromagnetic radiation or radioactive emissions shall not be of an intensity that interferes with the use of any other property;

7. Do not engage Engage in the production or storage of any material designed for use as an explosive, nor in the use of such material in production; and

8. Utilize diesel fuel powered equipment unless for standby emergency use only.

18.41.060 Development standards.

2.0 maximum 3.0 maximum
Street frontage,
minimum*
150 feet 150 feet
Lot depth, minimum* 200 feet 200 feet
Front yard setback,
minimum 10 feet 10 feet
Interior side yard
setback, minimum
5 feet 4 feet
50 feet when adjoining a residential
district or use
20 feet when adjoining a
residential district or use
Street side yard
setback, minimum 10 feet 10 feet
Rear yard setback,
minimum
10 feet 10 feet
50 feet when adjoining a residential
district or use
20 feet when adjoining a
residential district or use
Maximum height
60 feet. Rooftop employee
amenities may be permitted,
including, but not limited to, break
rooms and kitchens, recreational
facilities, gardens and seating areas
provided they do not exceed twenty
(20) feet in height. Buildings along
major arterials must be a minimum
of two (2) stories.
100 feet. Rooftop amenities may
be permitted, including, but not
limited to, community rooms and
kitchens, recreational facilities, and
greenhouses provided they do not
exceed twenty (20) feet in height.

All buildings must be a minimum of
two (2) stories.

City Council/RSA Agenda 765 Tuesday, July 11, 2023
AT-23-002
Exhibit B (Chapter 18.41 Redlines), Page 9
* Exceptions may be granted by the decision maker through the Site development review process if it results in a more usable lot configuration or to accommodate lots created for public or common use.

18.41.070 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.

7. Walls and fences subject to the provision under Section 18.41.070(C).

8. Landscaping and landscape features as provided for in Section 18.41.070(F).

9. Public art.

B. Signs, marquees, awnings.

C. Walls and fences

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

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

3. In the required front yard,
a. the maximum height shall be three (3) feet above the surface of the ground.

4. In the required street side yard,
a. the maximum height shall be three (3) feet above the surface of the ground.

City Council/RSA Agenda 766 Tuesday, July 11, 2023
AT-23-002
Exhibit B (Chapter 18.41 Redlines), Page 10

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.

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

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

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

City Council/RSA Agenda 767 Tuesday, July 11, 2023
AT-23-002
Exhibit B (Chapter 18.41 Redlines), Page 11

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.

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;.

18.41.080 Off-street parking and loading
A. In the SEE District, off-street parking shall be provided consistent with the following standards.

1. Automobile parking areas shall not occupy more than thirty percent (30%) of the primary street frontage.

B. In the CMUE District, off-street parking shall be provided consistent with the following standards.

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

2. 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.

3. Joint use of parking spaces may be allowed subject to the limitations and conditions included in Section 18.36.160.

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

7. Parking structures.

City Council/RSA Agenda 769 Tuesday, July 11, 2023
AT-23-002
Exhibit B (Chapter 18.41 Redlines), Page 13
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.

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

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

3. In the SEE District, adequate loading zones shall be provided along the street frontage(s).

18.41.090 Bicycle parking
A. In the SEE District, bicycle parking shall be provided consistent with the following standards.

1.0 space/8,000 square
feet, minimum of 2 spaces 1.0 space/4,000 square feet
B. In the CMUE District, Bicycle parking shall be provided consistent with the following standards.

1.0 space / 20,000 square feet 1.0 space / 7,000 square feet C. Bicycle parking shall be provided consistent with the following standards; City Council/RSA Agenda 770 Tuesday, July 11, 2023
AT-23-002
Exhibit B (Chapter 18.41 Redlines), Page 14

1. Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080.

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

3. 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.

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

6. 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 City Council/RSA Agenda 771 Tuesday, July 11, 2023
AT-23-002
Exhibit B (Chapter 18.41 Redlines), Page 15
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%). Façades facing streets or pedestrian focused areas such as promenades and plazas shall be lined with windows.

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

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

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

3. Other metal;

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

5. Brick, natural clay colors;

6. Stone;

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

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

9. Ceramic tile;

10. Cement plaster;

11. Wood.

C. Ground floor commercial uses. The design of ground floor commercial uses shall comply with the following:

1. Minimum depth of commercial space is thirty-five (35) feet and minimum height is eighteen (18) feet floor to floor.

2. A minimum of twenty-five percent (25%) of the ground floor commercial area shall be designed to accommodate a food service use.

3. Between two and one-half (2½) feet and seven (7) feet above grade, ground floor transparency (i.e., amount of glazing) shall be fifty percent (50%) for all other commercial uses.

City Council/RSA Agenda 772 Tuesday, July 11, 2023
AT-23-002
Exhibit B (Chapter 18.41 Redlines), Page 16

18.41.070 Walls, fences, and hedges.

The location of all fences shall be subject to the minimum front yard and street side yard standards contained herein. Side and rear yards may have fences along the property line.

18.41.080 Minimum site area.

A minimum site area of not less than one (1) acre shall be required.

18.41.090 Floor area ratio.

The minimum floor area ratio (FAR) shall be 0.75 and the maximum shall be 3.0.

18.41.100 Frontage, width and depth of site.

Newly created lots shall have a minimum street frontage width of one hundred fifty feet (150) feet and a minimum lot depth of two hundred (200) feet. Exceptions may be granted by the decision maker through the site development review process if it results in a more usable lot configuration or to accommodate lots created for public or common use.

18.41.110 Lot Coverage.

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

18.41.120 Required setbacks.

A. Front yard setback shall be a minimum of ten (10) feet.

B. Interior side yard setback shall be a minimum of five (5) feet. Street side yard setback shall be a minimum of ten (10) feet.

C. Rear yard setback shall be a minimum of ten (10) feet.

City Council/RSA Agenda 773 Tuesday, July 11, 2023
AT-23-002
Exhibit B (Chapter 18.41 Redlines), Page 17

18.41.130 Height of structures.

The maximum height of buildings shall be one hundred (100) feet. Rooftop amenities may be permitted, including, but not limited to, community rooms and kitchens, recreational facilities, and greenhouses provided they do not exceed twenty (20) feet in height. All buildings must be a minimum of two (2) stories.

18.41.140 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. Building elevations shall include variations in wall plane, wall height, and roofs located at different levels in order to minimize the overall appearance of the elevation. Building wall shall not continue for more than twenty-five (25) feet without a change in building wall plane direction of at least two (2) feet.

2. All elevations shall provide articulation and detailing include elements such as recesses, columns, score lines, reveals, trellises, windows, lighting, or other features to create shadow patterns and depth on building elevations.

3. Minimize blank wall planes on all elevations through the use of wall plane variation, trim or reveals, entry and window openings, and/or varying colors and materials. 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 window or entry.

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

5. 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%). Façades facing streets or pedestrian focused areas such as promenades and plazas shall be lined with windows.

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);
City Council/RSA Agenda 774 Tuesday, July 11, 2023
AT-23-002
Exhibit B (Chapter 18.41 Redlines), Page 18

3. Other metal;

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

5. Brick, natural clay colors;

6. Stone;

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

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

9. Ceramic tile;

10. Cement plaster;

11. Wood.

C. 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 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 and climbing vines;

2. In instances where utility equipment cannot be located within the building or undergrounded due to building code or utility provider requirements, it shall be screened by locating 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 and climbing vines. Alternate locations may be considered to meet utility provider requirements; and

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

D. 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. Public pedestrian and bicycle connections to the Station District’s existing and proposed bicycle and pedestrian network;

4. Publicly accessible pedestrian amenities which may include plazas, pocket parks, seating areas, fountains, public art, and/or eating areas;
City Council/RSA Agenda 775 Tuesday, July 11, 2023
AT-23-002
Exhibit B (Chapter 18.41 Redlines), Page 19

5. Orientation of outdoor public spaces towards activated ground-floor building frontages; and

6. Inclusion of bicycle paths and bicycle parking facilities consistent with the Bicycle and Pedestrian Master Plan and designed and installed in conformance with the design criteria outlined in Section 18.28.080.

E. Ground Floor Commercial Uses. The design of ground floor commercial uses shall comply with the following:

1. Minimum depth of commercial space is thirty-five (35) feet and minimum height is twenty (20) feet floor to floor; and

2. A minimum of twenty-five percent (25%) of the ground floor commercial area shall be designed to accommodate a restaurant use; and

3. Between two and one-half (2½) feet and seven (7) feet above grade, ground floor transparency (i.e., amount of glazing) shall be forty percent (40%) for grocery stores and fifty percent (50%) for all other commercial uses; and

18.41.150 Landscaping.

A. New landscaping and modifications to existing landscaping shall comply with the provisions listed in Chapter 18.112 and the Landscape Standards Policy Statement. Approved landscaping shall be maintained for the life of the project including replacement of dead, dying or deficient landscaping.

City Council/RSA Agenda 776 Tuesday, July 11, 2023
AT-23-002
Exhibit B (Chapter 18.41 Redlines), Page 20
B. Projects that include development of a vacant site or substantial modification of a developed site, shall provide landscaped areas that measure a minimum fifteen percent (15%) of the project site area.

Projects that cannot provide the minimum amount of required landscaping may 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.

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

18.41.160 Signs, marquees, awnings.

Signage shall be consistent with Chapter 18.30 and any approved sign plan or planned sign program.

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

18.41.170 Off-street parking.

A. Off-street automobile parking shall be provided consistent with the following standards:

Vehicular Parking Requirements Minimum Off-Street
Parking Requirements
Maximum Off-Street
Parking Allowed
Retail 1.0 space/300 square feet 1.0 space/200 square feet Office 1.0 space/300 square feet 1.0 space/250 square feet Research and Development laboratory,
manufacturing use 1.0 space/500 square feet 1.0 space/300 square feet Other Uses See Section 18.36.050 See Section 18.36.050
B. Automobile parking areas shall not occupy more than thirty percent (30%) of the primary street frontage.

C. Joint use of parking spaces may be allowed subject to the limitations and conditions included in Section 18.36.160.

D. Parking Structures.

1. Parking structure façades shall be designed as compatible visual extensions of the primary buildings.

2. Auto entries shall be located in a manner that minimizes pedestrian/auto conflicts.

City Council/RSA Agenda 777 Tuesday, July 11, 2023
AT-23-002
Exhibit B (Chapter 18.41 Redlines), Page 21

3. Decorative screening or other decorative element constructed of durable, high-quality materials shall be provided on parking structure façade.

18.41.180 Bicycle parking.

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

Bicycle Parking Requirements 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, R&D, and Other
Nonresidential uses

1.0 space/8,000 square
feet Minimum of 2 spaces

1.0 space/4,000 square feet
B. Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080.

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

18.41.190 Loading.

A. Adequate loading docks and/or berths shall be provided on site to serve the use. Such facilities shall be located on the rear or side of the building, be screened from the public right-of-way, and are subject to review and approval through the site development review process.

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

City Council/RSA Agenda 778 Tuesday, July 11, 2023
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ATTACHMENT 1: EXHIBIT D
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Proposed Union City Zoning Map
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City Council/RSA Agenda 780 Tuesday, July 11, 2023
Agenda Item
DATE: JUNE 15, 2023
TO: PLANNING COMMISSION
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: 1) AMENDMENTS TO TITLE 18, ZONING, OF THE UNION CITY MUNICIPAL CODE TO UPDATE CHAPTER 18.41,

STATION EAST EMPLOYMENT (SEE) DISTRICT TO ADD A

NEW ZONING DISTRICT FOR CONSISTENCY WITH THE
UNION CITY 2040 GENERAL PLAN DESIGNATION OF

MIXED-USE EMPLOYMENT (EMU) REFERRED TO AS
“CORRIDOR MIXED USE EMPLOYMENT (CMUE)” AND
RENAME THIS CHAPTER “EMPLOYMENT MIXED USE
DISTRICTS” (AT-23-002) AND 2) AMENDMENTS TO THE

OFFICIAL ZONING MAP OF THE CITY OF UNION CITY TO

REZONE PROPERTIES LOCATED ALONG THE UNION CITY
BLVD. CORRIDOR, WITH A UNION CITY 2040 GENERAL

PLAN DESIGNATION OF MIXED-USE EMPLOYMENT (EMU),

FROM SPECIAL INDUSTRIAL (MS) TO CORRIDOR MIXED

USE EMPLOYMENT (CMUE) FOR CONSISTENCY WITH THE
GENERAL PLAN (A-23-001)
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 18.41, Station East Employment (SEE) District to add a new zoning district for consistency with the Union City 2040 General Plan designation of Mixed-Use Employment (EMU) referred to as “Corridor Mixed Use Employment (CMUE) District” and rename this chapter “Employment Mixed Use City Council/RSA Agenda 781 Tuesday, July 11, 2023
Planning Commission Staff Report, June 15, 2023
Zoning Text Amendment (AT-23-002) and Zoning Map Amendment (A-23-001), Page 2 Districts.” Additionally, the amendment would update the SEE District to modify and standardize uses, update development, performance and objective design standards for consistency with the CMUE District and reformat the chapter for ease of use and consistency with other chapters in Title 18. The City of Union City is also proposing to amend the official Zoning Map, to rezone properties located along the Union City Blvd. Corridor, with a Union City 2040 General Plan designation of Mixed-Use Employment (EMU), from Special Industrial (MS) to Corridor Mixed Use Employment (CMUE) for consistency with the General Plan.

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 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 (“City”) is proposing to amend Title 18 of the Union City Municipal Code, Chapter 18.41, Station East Employment (SEE) District to add a new zoning district for consistency with the Union City 2040 General Plan designation of Mixed-Use Employment (EMU) referred to as “Corridor Mixed Use Employment (CMUE)” and rename this chapter “Employment Mixed-Use Districts.” Additionally, the amendment would update the SEE District to modify and standardize uses; update development, performance, and objective design standards for consistency with the proposed regulations associated with the CMUE District; and reformat the chapter for ease of use and consistency with other chapters in Title 18.

The City is also proposing to amend the official Zoning Map, to rezone properties located along a portion of the Union City Boulevard Corridor, with a Union City 2040 General Plan designation of Mixed-Use Employment (EMU), from Special Industrial (MS) to Corridor Mixed Use Employment (CMUE) for consistency with the General Plan. See Exhibit A (Clean) and B (Redlines) for the proposed amendment wording and Exhibit C (Zoning Map) for the proposed zoning map amendment.

City Council/RSA Agenda 782 Tuesday, July 11, 2023
Planning Commission Staff Report, June 15, 2023
Zoning Text Amendment (AT-23-002) and Zoning Map Amendment (A-23-001), Page 3 I. BACKGROUND
The Union City 2040 General Plan designates some properties along the Union City Blvd. corridor as Mixed-Use Employment. (See Figure 1, Land Use Map). To implement the vision of the General Plan, staff has drafted the new Corridor Mixed Use Employment (CMUE) District. These standards are based on the Station East Employment District (SEE) District which is a Mixed-Use Employment Zoning District within the Station District Specific Plan area and shares similarities with the CMUE District. Both zoning districts provide for mixed use employment centers, which are designed to accommodate a higher density employment district than the City’s more traditional industrial areas.

The amendments also reflect the design criteria and performance standards proposed as part of the updates to Chapter 18.40, Industrial Districts.

The Zoning Map Amendment proposes to rezone the properties identified to apply the new CMUE zoning designation. The current zoning for the area is Special Industrial (MS).

See Exhibit C (Existing Zoning Map) and Exhibit D (Proposed Zoning Map), which details the existing and proposed rezoning for the sites.

City Council/RSA Agenda 783 Tuesday, July 11, 2023
Planning Commission Staff Report, June 15, 2023
Zoning Text Amendment (AT-23-002) and Zoning Map Amendment (A-23-001), Page 4 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 18.41, Mixed-Use Employment Districts
The amendments to Chapter 18.41, retitles the chapter to Mixed-Use Employment Districts as the new CMUE District and Station East Employment (SEE) District are combined in one chapter which is focused on higher density employment areas with mixed use zoning. This approach is consistent with the format for the City’s industrial areas, which combines similar zoning districts into one chapter for simplicity and ease of review.

Section 18.41.010 Purpose
The amendments incorporate the purpose of each district. The purpose has been aligned to those stated in the 2040 General Plan.

Section 18.41.020 Land use regulations – Mixed-Use Employment.

Included uses for the CMUE District align with the stated purpose by allowing a mix of higher-density employment uses. These uses include light industrial, research and development, office, and flex space, as well as supportive commercial uses that are vertically or horizontally integrated.

Section 18.41.050 Performance standards
The amendments incorporate the existing SEE District performance standards, with minor modifications to ensure constancy with the language of similar standards in the Industrial Zoning District. These performance standards will also apply to the CMUE District. The performance standards include:

1. Limitations on outdoor storage and activities

2. Standards for solid waste, organic waste and recyclable materials enclosures

3. Site maintenance

4. Hazardous materials regulations

5. Limitations on the number of driveways per street frontage City Council/RSA Agenda 784 Tuesday, July 11, 2023
Planning Commission Staff Report, June 15, 2023
Zoning Text Amendment (AT-23-002) and Zoning Map Amendment (A-23-001), Page 5

6. Standards for additions and modifications to existing industrial development; and

7. Limitations on nuisance characteristics such as odors, noise, vibrations, etc.

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

Section 18.41.080 Off-street parking and loading / Section 18.41.090 Bicycle parking The amendments keep the parking and loading requirements for the SEE District while also establishing parking and loading requirements for the CMUE District that align with those currently included in Chapter 18.40, Industrial Districts. Additionally, the amendments include parking structures requirements, and clarify parking requirements for flex industrial buildings. If a standard only applies to a specific district it is noted in the section.

The amendments keep the existing SEE District established bicycle parking standards and establish new bicycle parking standards for the CMUE District.

As noted above, the parking requirements are different between the two districts. The existing parking requirements for the SEE District were informed, in part, by the geographical location within the Station District. Related to that, the parking standards are based on what is included in the Station District Specific Plan, which were dictated City Council/RSA Agenda 785 Tuesday, July 11, 2023
Planning Commission Staff Report, June 15, 2023
Zoning Text Amendment (AT-23-002) and Zoning Map Amendment (A-23-001), Page 6 by the parameters of the grant the City received from the Metropolitan Transportation Commission, to prepare the Specific Plan.

The design standards encourage attractive architectural developments, create a stronger sense of place and a more positive image for the industrial districts. The standards promote the use of a “Modern” building vocabulary, minimize massing and blank walls, require the incorporation of architectural features and detailing as well as high quality materials and the use of color. Similar to the discussion above, there is also the added benefit of including the design criteria in the chapter, which streamlines the approval process by providing clarity and cutting down the back and forth between the applicant and staff.

B. Study Sessions and 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. 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 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
City Council/RSA Agenda 786 Tuesday, July 11, 2023
Planning Commission Staff Report, June 15, 2023
Zoning Text Amendment (AT-23-002) and Zoning Map Amendment (A-23-001), Page 7 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.

C. Public Outreach
A newspaper notice for the zoning text amendment and zoning map amendment 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 and map 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.

City Council/RSA Agenda 787 Tuesday, July 11, 2023
Planning Commission Staff Report, June 15, 2023
Zoning Text Amendment (AT-23-002) and Zoning Map Amendment (A-23-001), Page 8 V. RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of Zoning Text Amendment (AT-23-002) and Zoning Map Amendment (A-23-001) to the City Council based on the following specific findings:

1. That the Zoning Text Amendments are exempt from environmental review in accordance with the California Environmental Quality (CEQA) Act Guidelines Section 15061(b)(3), the general exemption for projects with no potential for 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

City Council/RSA Agenda 788 Tuesday, July 11, 2023
Planning Commission Staff Report, June 15, 2023
Zoning Text Amendment (AT-23-002) and Zoning Map Amendment (A-23-001), Page 9

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

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

Prepared by
Brandon H DeLucas, Associate Planner
Attachments
Exhibit A: Draft Amendments (Clean)
Exhibit B: Draft Amendments (Redlines)
Exhibit C: Existing Zoning Map
Exhibit D: Proposed Zoning Map
Attachment 1: Planning Commission Minutes for March 16
th, 2023
City Council/RSA Agenda 789 Tuesday, July 11, 2023
Desk Item
DATE: JUNE 15, 2023
TO: PLANNING COMMISSION
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: 1) AMENDMENTS TO TITLE 18, ZONING, OF THE UNION CITY MUNICIPAL CODE TO UPDATE CHAPTER 18.41, STATION EAST

EMPLOYMENT (SEE) DISTRICT TO ADD A NEW ZONING DISTRICT
FOR CONSISTENCY WITH THE UNION CITY 2040 GENERAL PLAN

DESIGNATION OF MIXED-USE EMPLOYMENT (EMU) REFERRED
TO AS “CORRIDOR MIXED USE EMPLOYMENT (CMUE)” AND
RENAME THIS CHAPTER “EMPLOYMENT MIXED USE DISTRICTS”
(AT-23-002) AND 2) AMENDMENTS TO THE OFFICIAL ZONING

MAP OF THE CITY OF UNION CITY TO REZONE PROPERTIES
LOCATED ALONG THE UNION CITY BLVD. CORRIDOR, WITH A
UNION CITY 2040 GENERAL PLAN DESIGNATION OF MIXED-USE

EMPLOYMENT (EMU), FROM SPECIAL INDUSTRIAL (MS) TO

CORRIDOR MIXED USE EMPLOYMENT (CMUE) FOR
CONSISTENCY WITH THE GENERAL PLAN (A-23-001).

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
II. Item 5.B.2 – Comments and questions on Exhibit B.

1. Pages 1 through 5, Section 18.41.020 states that a dash “designates uses that are not allowed.” Uses are listed in the first column of Table 18.41.020 and whether the use is permitted, conditionally permitted, or not allowed is shown in the second and third columns depending on the district. However, dashes are also shown in the fourth column, which is reserved for “specific use regulations/notes.” Please explain the use of dashes in the fourth 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.

City Council/RSA Agenda 790 Tuesday, July 11, 2023

2. Page 8, Item 7, as written, is inconsistent with the other listed items under 18.41.050H.

I recommend deleting “do not” to correct this inconsistency.

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

3. Page 9, Item A.8 contains a reference to Section 18.41.070(D). Please delete “D” and insert “F”, which contains the landscaping standards on page 10 of this exhibit.

The reference has been updated. See attached updated Exhibit A and B.

4. Page 10, Item F.2, 2nd sentence is awkward. I recommend deleting the word “may” and inserting “pay” after “shall” in the 4th line.

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

5. Page 10, Item F.2, 5th line – it is unclear whether the City is referring to the site development review as a proper or common noun. If the former, then use “Site Development Review.” If the latter, then use “site development review process.” The wording is updated. See attached updated Exhibit A and B.

6. Page 11, Items H.3 and H.5 are duplicates. Please delete one and renumber this list of items as appropriate.

The duplicate has been removed and numbering corrected. See attached updated Exhibit A and B.

7. Page 12, Tables 18.41.080(A) and 18.41.080(B) contain references to “Section 18.36.050” which is titled “Required Conditions” and appears to be unrelated to off-street parking.

Should the reference be “Section 18.36.150”, which is titled “off-street parking”? If so, please make corrections.

The reference has been updated. See attached updated Exhibit A and B.

City Council/RSA Agenda 791 Tuesday, July 11, 2023
EXHIBIT A (CHAPTER 18.41 CLEAN)
Chapter 18.41 MIXED-USE EMPLOYMENT DISTRICTS

18.41.010 Purpose.

The Mixed-Use Employment Districts are as follows:

18.41.020 Land use regulations – Mixed Use Employment Districts.

City Council/RSA Agenda 792 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (Chapter 18.41 Clean), Page 2
Table 18.41.020 Land use regulations – Mixed-Use Employment Districts Use Corridor
Mixed-Use
Employment
(CMUE)
Station East
Employment
(SEE)
Specific use regulations/
notes

ASSEMBLY, EDUCATION, AND RECREATION
Conference center UP UP
Hotel UP UP
Professional trade schools and
colleges
UP UP
Limited to programs serving
persons 18 years or older
Public or quasi-public uses of an
educational or recreational nature
- UP
COMMERCIAL USES – Permitted only as a ground floor use as part of an office, industrial, hotel or conference center development
Banks and financial institutions P P
Business services P P
Civic facilities P P
Fitness and recreational facilities P P
With an occupant load of less
than fifty (50) under the Uniform
Building Code
Food service P P Excluding drive-through uses
Outdoor dining areas AUP AUP
Subject to the standards of
Section 18.36.190
Live music (amplified) UP UP
Subject to the standards of
Section 18.36.195(B)
Live music (non-amplified) AUP AUP Subject to the standards of Section 18.36.195(A)
Food stores P P
Up to twenty-five thousand
(25,000) square feet, excluding
convenience markets
General merchandise/retail
stores,
P P
Excluding adult business stores,
clearance center/dollar stores,
pawn shops, second hand/thrift
stores, and retail tobacco stores
Office uses including medical
offices
P P
Personal services - P
INDUSTRIAL USES – MANUFACTURING AND ASSEMBLY
City Council/RSA Agenda 793 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (Chapter 18.41 Clean), Page 3
Table 18.41.020 Land use regulations – Mixed-Use Employment Districts Use Corridor
Mixed-Use
Employment
(CMUE)
Station East
Employment
(SEE)
Specific use regulations/
notes
Breweries, distilleries and wineries UP UP
Accessory on-site tasting rooms
permitted. Including food service.

Outdoor dining areas subject to
the provisions listed in Section

AUP AUP
Manufacture of food products P -
Excluding production of fish or
meat products, sauerkraut,
vinegar or the like, or the
rendering or refining of fats, oils,
or canning
Manufacturing and assembly of
medical equipment
P P
Manufacturing and assembly of,
optical goods, watches and clocks,
musical instruments and camera
and photographic equipment
P P
Manufacturing and assembly of
products from previous prepared
materials such as precious or
semi-precious metal
P P
City Council/RSA Agenda 794 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (Chapter 18.41 Clean), Page 4
Table 18.41.020 Land use regulations – Mixed-Use Employment Districts Use Corridor
Mixed-Use
Employment
(CMUE)
Station East
Employment
(SEE)
Specific use regulations/
notes
Manufacturing and assembly,
including cutting, polishing, and
setting of jewelry products and
products from precious or semiprecious stone
P P
Manufacturing and assembly of
leather products and associated
dyeing
P P Excluding tanning and curing
Manufacturing and assembly of
textile products including apparel
P P Excluding dyeing
Manufacturing and assembly of
plastic and rubber products,
P P Excluding tire manufacturing

INDUSTRIAL SERVICES
Contractor services UP UP
Incubator spaces AUP AUP
Maker space P P
Media production studios UP UP

OFFICE/LABORATORY/RESEARCH AND DEVELOPMENT
Administrative, executive,
financial and professional offices
AUP P Excluding medical offices
Engineering and design services
and related facilities
P P
Research and development
services and related facilities
P P
Including life sciences, medical
and pharmaceutical research,
electronics, and computer
science
RETAIL
Commercial cannabis use P -
Subject to the zoning
requirements of Chapter 18.117
and the licensure and regulatory
requirements of Chapter 5.44
City Council/RSA Agenda 795 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (Chapter 18.41 Clean), Page 5
Table 18.41.020 Land use regulations – Mixed-Use Employment Districts Use Corridor
Mixed-Use
Employment
(CMUE)
Station East
Employment
(SEE)
Specific use regulations/
notes
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

MISCELLANEOUS USES
Civic facilities P P

18.41.030 Prohibited uses.

Distribution, wholesale, warehouse, outdoor storage, and/or repackaging uses are prohibited.

18.41.040 Accessory uses.

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

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

18.41.050 Performance standards.

A. In the SEE District, retail, service, public, or office uses shall be provided along the ground floor of buildings in the areas detailed in the Station District Specific Plan Figure 4-6.

B. All business, services, and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas and solid waste/recycling enclosures.

D. Site shall be maintained in good order at all times and consistent with project conditions of approval (if applicable). This shall include, but is not limited to, maintenance and repair of all onsite structures including building façade materials or paint, fencing/walls, signage, paved areas City Council/RSA Agenda 796 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (Chapter 18.41 Clean), Page 6
including sidewalks and driveways, and landscaping, as may be necessary to preserve a highquality aesthetic for the area.

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

1. Emit obnoxious, toxic or corrosive fumes or gases;

2. Emit odors, heat or glare perceptible beyond property lines;

3. Emit smoke nor discharge into the air dust or other particular matter created by any industrial operations or emanating from any products stored prior or subsequent to processing;

4. Produce noise perceptible beyond property lines, except as may be allowed by the Union City Community Noise Ordinance (Chapter 9.40 of the Union City Municipal Code);

5. Produce physical vibration perceptible beyond property lines;

7. Engage in the production or storage of any material designed for use as an explosive, nor in the use of such material in production; and

8. Utilize diesel fuel powered equipment unless for standby emergency use only.

18.41.060 Development standards.

2.0 maximum 3.0 maximum
Street frontage,
minimum*
150 feet 150 feet
City Council/RSA Agenda 797 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (Chapter 18.41 Clean), Page 7
Lot depth, minimum* 200 feet 200 feet
Front yard setback,
minimum 10 feet 10 feet
Interior side yard
setback, minimum
5 feet 4 feet
50 feet when adjoining a residential
district or use
20 feet when adjoining a
residential district or use
Street side yard
setback, minimum 10 feet 10 feet
Rear yard setback,
minimum
10 feet 10 feet
50 feet when adjoining a residential
district or use
20 feet when adjoining a
residential district or use
Maximum height
60 feet. Rooftop employee
amenities may be permitted,
including, but not limited to, break
rooms and kitchens, recreational
facilities, gardens and seating areas
provided they do not exceed twenty
(20) feet in height. Buildings along
major arterials must be a minimum
of two (2) stories.
100 feet. Rooftop amenities may
be permitted, including, but not
limited to, community rooms and
kitchens, recreational facilities, and
greenhouses provided they do not
exceed twenty (20) feet in height.

18.41.070 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.

7. Walls and fences subject to the provision under Section 18.41.070(C).

8. Landscaping and landscape features as provided for in Section 18.41.070(F).

9. Public art.

B. Signs, marquees, awnings.

City Council/RSA Agenda 798 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (Chapter 18.41 Clean), Page 8

C. Walls and fences

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

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

3. In the required front yard,
a. the maximum height shall be three (3) feet above the surface of the ground.

4. In the required street side yard,
a. the maximum height shall be three (3) feet above the surface of the ground.

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 City Council/RSA Agenda 799 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (Chapter 18.41 Clean), Page 9
to buildings which increase existing square footage by fifty percent (50%) or more, or projects that include substantial site modifications, shall provide sidewalks, curbs, and gutters if none already exist. Improvements shall be installed consistent with City standards and specifications.

F. Landscaping.

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

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

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

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.

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;
City Council/RSA Agenda 800 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (Chapter 18.41 Clean), Page 10

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

18.41.080 Off-street parking and loading
A. In the SEE District, off-street parking shall be provided consistent with the following standards.

1. Automobile parking areas shall not occupy more than thirty percent (30%) of the primary street frontage.

B. In the CMUE District, off-street parking shall be provided consistent with the following standards.

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

2. 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.

3. Joint use of parking spaces may be allowed subject to the limitations and conditions included in Section 18.36.160.

City Council/RSA Agenda 801 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (Chapter 18.41 Clean), Page 11

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

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

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

3. In the SEE District, adequate loading zones shall be provided along the street frontage(s).

City Council/RSA Agenda 802 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (Chapter 18.41 Clean), Page 12

18.41.090 Bicycle parking
A. In the SEE District, bicycle parking shall be provided consistent with the following standards.

1.0 space/8,000 square
feet, minimum of 2 spaces 1.0 space/4,000 square feet
B. In the CMUE District, Bicycle parking shall be provided consistent with the following standards.

1.0 space / 20,000 square feet 1.0 space / 7,000 square feet C. Bicycle parking shall be provided consistent with the following standards;

1. Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080.

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

3. 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 803 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (Chapter 18.41 Clean), Page 13

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

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 804 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (Chapter 18.41 Clean), Page 14

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

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

9. Ceramic tile;

10. Cement plaster;

11. Wood.

C. Ground floor commercial uses. The design of ground floor commercial uses shall comply with the following:

1. Minimum depth of commercial space is thirty-five (35) feet and minimum height is eighteen (18) feet floor to floor.

2. A minimum of twenty-five percent (25%) of the ground floor commercial area shall be designed to accommodate a food service use.

3. Between two and one-half (2½) feet and seven (7) feet above grade, ground floor transparency (i.e., amount of glazing) shall be fifty percent (50%) for all other commercial uses.

City Council/RSA Agenda 805 Tuesday, July 11, 2023
EXHIBIT B (CHAPTER 18.41 REDLINES)
Chapter 18.41 STATION EAST EMPLOYMENT (SEE) MIXED-USE EMPLOYMENT

DISTRICTS

18.41.010 Purpose.

The Mixed-Use Employment Districts are as follows:

18.41.020 Land use regulations – Mixed Use Employment DistrictsPermitted uses.

City Council/RSA Agenda 806 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (Chapter 18.41 Redlines), Page 2
Table 18.41.020 Land use regulations – Mixed-Use Employment Districts Use Corridor
Mixed-Use
Employment
(CMUE)
Station East
Employment
(SEE)
Specific use regulations/
notes

ASSEMBLY, EDUCATION, AND RECREATION
Conference center UP UP
Hotel UP UP
Professional trade schools and
colleges
UP UP
Limited to programs serving
persons 18 years or older
Public or quasi-public uses of an
educational or recreational nature
- UP
COMMERCIAL USES – Permitted only as a ground floor use as part of an office, industrial, hotel or conference center development
Banks and financial institutions P P
Business services P P
Civic facilities P P
Fitness and recreational facilities P P
With an occupant load of less
than fifty (50) under the Uniform
Building Code
Food service P P Excluding drive-through uses
Outdoor dining areas AUP AUP
Subject to the standards of
Section 18.36.190
Live music (amplified) UP UP
Subject to the standards of
Section 18.36.195(B)
Live music (non-amplified) AUP AUP Subject to the standards of Section 18.36.195(A)
Food stores P P
Up to twenty-five thousand
(25,000) square feet, excluding
convenience markets
General merchandise/retail
stores,
P P
Excluding adult business stores,
clearance center/dollar stores,
pawn shops, second hand/thrift
stores, and retail tobacco stores
Office uses including medical
offices
P P
Personal services - P
INDUSTRIAL USES – MANUFACTURING AND ASSEMBLY
City Council/RSA Agenda 807 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (Chapter 18.41 Redlines), Page 3
Table 18.41.020 Land use regulations – Mixed-Use Employment Districts Use Corridor
Mixed-Use
Employment
(CMUE)
Station East
Employment
(SEE)
Specific use regulations/
notes
Breweries, distilleries and wineries UP UP
Accessory on-site tasting rooms
permitted. Including food service.

Outdoor dining areas subject to
the provisions listed in Section

AUP AUP
Manufacture of food products P -
Excluding production of fish or
meat products, sauerkraut,
vinegar or the like, or the
rendering or refining of fats, oils,
or canning
Manufacturing and assembly of
medical equipment
P P
Manufacturing and assembly of,
optical goods, watches and clocks,
musical instruments and camera
and photographic equipment
P P
Manufacturing and assembly of
products from previous prepared
materials such as precious or
semi-precious metal
P P
City Council/RSA Agenda 808 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (Chapter 18.41 Redlines), Page 4
Table 18.41.020 Land use regulations – Mixed-Use Employment Districts Use Corridor
Mixed-Use
Employment
(CMUE)
Station East
Employment
(SEE)
Specific use regulations/
notes
Manufacturing and assembly,
including cutting, polishing, and
setting of jewelry products and
products from precious or semiprecious stone
P P
Manufacturing and assembly of
leather products and associated
dyeing
P P Excluding tanning and curing
Manufacturing and assembly of
textile products including apparel
P P Excluding dyeing
Manufacturing and assembly of
plastic and rubber products,
P P Excluding tire manufacturing

INDUSTRIAL SERVICES
Contractor services UP UP
Incubator spaces AUP AUP
Maker space P P
Media production studios UP UP

OFFICE/LABORATORY/RESEARCH AND DEVELOPMENT
Administrative, executive,
financial and professional offices
AUP P Excluding medical offices
Engineering and design services
and related facilities
P P
Research and development
services and related facilities
P P
Including life sciences, medical
and pharmaceutical research,
electronics, and computer
science
RETAIL
Commercial cannabis use P -
Subject to the zoning
requirements of Chapter 18.117
and the licensure and regulatory
requirements of Chapter 5.44
City Council/RSA Agenda 809 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (Chapter 18.41 Redlines), Page 5
Table 18.41.020 Land use regulations – Mixed-Use Employment Districts Use Corridor
Mixed-Use
Employment
(CMUE)
Station East
Employment
(SEE)
Specific use regulations/
notes
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

MISCELLANEOUS USES
Civic facilities P P
The following uses shall be permitted:

A. Civic facilities.

B. Ground floor commercial uses as part of an office mixed use development, hotel or conference center including:

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

2. Business services;

3. Civic facilities;

4. Fitness studios with an occupant load of less than fifty (50) under the Uniform Building Code;

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

6. Food stores, up to twenty-five thousand (25,000) square feet, excluding convenience markets;

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

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

9. Office uses;

10. Outdoor dining areas subject to the provisions listed in Section 18.39.055; and

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

City Council/RSA Agenda 810 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (Chapter 18.41 Redlines), Page 6
D. Manufacture of pharmaceuticals and products from the life sciences and biotechnology industries, provided no noxious or offensive fumes or odors are produced.

G. Office uses excluding health services.

H. Research and development laboratories and related facilities, including for life sciences, medical and pharmaceutical research, electronics, and computer science.

I. Retail sales of goods manufactured, processed or assembled on the premises.

18.41.030 Conditional uses.

A. Hotels and conference centers.

B. Manufacture of fabricated metal products.

C. Microbreweries, wineries, or distilleries with accessory food service and outdoor dining.

D. Public or quasi-public uses of an educational or recreational nature.

E. Specialty trade contractors when located in a completely enclosed building.

18.41.040 030 Prohibited uses.

Distribution, import/export, wholesale, warehouse, outdoor storage, and/or repackaging uses are prohibited. within the SEE District.

18.41.050 040 Accessory uses.

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

City Council/RSA Agenda 811 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (Chapter 18.41 Redlines), Page 7
B. Accessory structures and uses customarily incidental to any of the above conditional uses when located on the same lot are permitted only upon the granting or modification of a conditional use permit pursuant to the provisions of Chapter 18.56.

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

18.41.060 050 Performance standards.

A. In the SEE District, rRetail, service, public, or office uses shall be provided along the ground floor of buildings in the areas detailed in the Station District Specific Plan Figure 4-6.

B. All business, services, and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas and solid waste/recycling enclosures.

D. Site shall be maintained in good order at all times and consistent with project conditions of approval (if applicable). This shall include, but is not limited to, maintenance and repair of all onsite structures including building façade materials or paint, fencing/walls, signage, paved areas including sidewalks and driveways, and landscaping, as may be necessary to preserve a highquality aesthetic for the area.

E. All uses shall comply with the regulations pertaining to hazardous materials contained in Chapter 18.40, Article IV18.43.

1. Emit obnoxious, toxic or corrosive fumes or gases;

2. Emit odors, heat or glare perceptible beyond property lines;

3. Emit smoke nor discharge into the air dust or other particular matter created by any industrial operations or emanating from any products stored prior or subsequent to processing;

4. Produce no noise perceptible beyond property lines, except as may be allowed by the Union City Community Noise Ordinance (Chapter 9.40 of the Union City Municipal Code); City Council/RSA Agenda 812 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (Chapter 18.41 Redlines), Page 8

5. Produce no physical vibration perceptible beyond property lines;

7. Do not engage Engage in the production or storage of any material designed for use as an explosive, nor in the use of such material in production; and

8. Utilize diesel fuel powered equipment unless for standby emergency use only.

18.41.060 Development standards.

All buildings must be a minimum of
two (2) stories.

City Council/RSA Agenda 813 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (Chapter 18.41 Redlines), Page 9
* Exceptions may be granted by the decision maker through the Site development review process if it results in a more usable lot configuration or to accommodate lots created for public or common use.

18.41.070 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.

7. Walls and fences subject to the provision under Section 18.41.070(C).

8. Landscaping and landscape features as provided for in Section 18.41.070(F).

9. Public art.

B. Signs, marquees, awnings.

C. Walls and fences

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

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

3. In the required front yard,
a. the maximum height shall be three (3) feet above the surface of the ground.

4. In the required street side yard,
a. the maximum height shall be three (3) feet above the surface of the ground.

City Council/RSA Agenda 814 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (Chapter 18.41 Redlines), Page 10

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.

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

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

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

City Council/RSA Agenda 815 Tuesday, July 11, 2023
Planning Commission, June 15, 2023
Exhibit B (Chapter 18.41 Redlines), Page 11