Agenda packet — Union City City Council, November 19, 2024 (part 5 of 6)

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City Council/RSA Agenda 1069 Tuesday, November 19, 2024 APPENDIX D: QUALIFICATIONS/INSURANCE
City Council/RSA Agenda 1070 Tuesday, November 19, 2024

800-419-4923 www.PARTNEResi.com
Marc Hachey, PG, CEG
Partner Associate
Education
M.E. in Geological Engineering, Missouri University of Science and Technology, Rollo, MO B.A. in Geology - Colby College, Waterville, ME
Registrations
Professional Geologist – CA
Certified Engineering Geologist – CA
40 Hour Haz. Mat. Certified
Highlights
Mr. Hachey has over 20 years of professional experience in the geotechnical engineering, engineering geology, and environmental consulting fields. Mr. Hachey is a licensed professional geologist and certified engineering geologist in the State of California. He holds a Bachelor’s of Science degree in Geology and holds a Master’s in Geological Engineering.

Experience Summary
Geotechnical capabilities include pier drilling and foundation excavation observation, geotechnical investigations including soil bore and test pit logging, shoring installation observation and testing, report preparation and drafting, field mapping and landslide investigations, fault investigations, and grading observation and testing.

Environmental capabilities including preparation of Transaction Screen Assessments, preparation of Phase I Environmental Site Assessments, and fieldwork for Phase II and Phase III Environmental Site Assessments.

Project Experience
Diablo Grande Solar Array Project, Patterson, CA. Performed large-scale geologic mapping and geotechnical field investigation for a proposed solar array project near Patterson, California. The arrays were proposed within hilly, wooded land surrounding the Diablo Grande community. Geologic mapping was performed over a one month period, and included dozens of test pit excavations and hand-dug pits.

A geologic hazards summary report was prepared containing grading and foundation recommendations for the solar arrays.

Crystal Springs Watershed, San Mateo, CA. Performed a large-scale geologic mapping and subsurface sampling investigation for a proposed land rehabilitation project proposed by the San Francisco Public Utilities Commission. The mapping and sampling was performed to determine the presence of naturally occurring asbestos contained within the Franciscan Formation bedrock underlying the site in San Mateo County, California. Extensive sampling was conducted, and the results were presented on aerial photograph site plans to ensure worker safety during excavation activities.

Affiliations
Association of Engineering Geologists and Northern California Geological Survey City Council/RSA Agenda 1071 Tuesday, November 19, 2024 800-419-4923 www.PARTNEResi.com
Sue Krobthong
Project Manager
Education
Bachelor of Science, Environmental Science, University of California, Riverside, CA Registrations
EPA Accredited Asbestos Building Inspector (Certificate #217-193-BIR) Training
Include additional relevant training or courses
EPA Accredited Asbestos Inspector Training (current)
Highlights
Over 12 years of experience in the environmental consulting industry Phase I Environmental Site Assessments
Phase II Environmental Site Assessments
Transaction Screen Assessments
Environmental Desktop Reports
Soil Vapor Screenings
Soil and Groundwater Remediation and Testing
Health and Safety Compliance
Permitting and Regulatory Compliance
Soil Management Plans
Experienced working for a diverse group of clients including government agencies, developers, national and regional lenders, investors, public/ private equity stakeholders, and property owners Experience Summary
Ms. Krobthong currently holds the role of a Project Manager and her responsibilities include the preparation and technical review of assessments in line with the American Society of Testing and Materials (ASTM) standard and United States Environmental Protection Agency’s All Appropriate Inquiry (AAI) as well as customized client formats, including equity-level projects, Fannie Mae, and Freddie Mac.

Ms. Krobthong has completed thousands of Phase I ESAs and limited environmental scope reports, and reviewed thousands of third-party Phase I, Phase II, and remediation reports. She has also managed and performed Phase I ESA portfolios for city blocks, hospitals, municipal and government owned properties for governmental entities for potential transactions. Ms. Krobthong has conducted sampling for asbestos containing materials (ACMs) and radon surveys. Ms. Krobthong has also assisted in subsurface sampling for soil and groundwater contamination, assisted in soil vapor assessments, oversaw underground storage tank removals, oversaw soil excavation activities and conducted confirmatory sampling in each event.

Project Experience
Sites included gasoline service stations, hotels, dry cleaning plants, auto repair and auto body shops, metal plating facilities, semi-conductor facilities, bulk oil facilities, multi-family properties, commercial office buildings, retail shopping centers, and various industrial manufacturing facilities. Responsibilities included overseeing staff, reviewing draft reports, and conducting field work for various due diligence type projects.

City Council/RSA Agenda 1072 Tuesday, November 19, 2024 Sue Krobthong
2 | P a g e
Environmental, Various School Districts, CA. Assessments for existing and proposed school sites (CEQA process per DTSC requirements), that included the completion of the California Department of Education (CDE) Checklist. School Districts include for the Desert Sands Unified School District, Los Angeles Unified School District, San Monica – Malibu Unified School District, Garvey Unified School District, Compton Unified School District and Orange Unified School District.

ISA, Street Widening Projects, Chino and Fontana, CA. Performed Initial Site Assessments (ISA) required by Caltrans for proposed street improvements/widening and development of highways and right-of ways for street widening projects in the City of Chino and Fontana.

Phase I ESA, Former Municipal Airport, Rialto, CA. Managed and prepared various Phase I ESA assessments for potential developers for the redevelopment of a former municipal airport in which she also assisted with soil remedial oversight and closure activities.

Hazardous Materials Audit, Cosmetics Manufacturer, Oxnard, CA. Prepared hazardous material audits, assisted in the completion of business plans, conducted limited compliance audits and health and safety audits for maintaining hazardous materials of a major cosmetics manufacturer located in California.

Desktop Portfolio, Aerospace, Los Angeles, Orange and San Diego Counties, CA. Prepared a portfolio of ThirdParty Desktop reviews in which she provided comments on the standard of care for the due diligence for a large aerospace acquisition
Radon Studies, Orange County, CA. Performed radon studies of uranium granite slabs installed in homes throughout the country for a leading granite distributor in Orange County to ease concerns of radon emissions through granite countertops.

Phase I & II ESA, Agricultural, Various, CA. Performed Phase I & II ESAs for proposed residential developments on undeveloped land, former dairy farm land and historical agricultural land.

Contact
[email protected]
City Council/RSA Agenda 1073 Tuesday, November 19, 2024

800-419-4923 www.PARTNEResi.com
Kathryn Peacock
Principal
Education
B.A., Environmental Studies, 1999, Prescott College, Prescott, Arizona Training
OSHA 40-Hour Hazardous Waste Site
Investigation Training (29 CFR 1910.120)
Highlights
16 years of experience in national environmental due diligence consulting including Phase I Environmental Site Assessments
Phase II Subsurface Soil/Soil Gas Investigations
Property Condition Assessments
Seismic Evaluations
Asbestos, Lead-Paint, and Radon Surveys
Experience Summary
Ms. Peacock is Principal and National Client Manager with significant environmental and due diligence engineering experience in all states with specialized geographical experience in Southwest. Her responsibilities include full-phase environmental consulting, national client management, multi-scope contract negotiation/execution, portfolio project management, and technical report quality control. Ms.

Peacock’s regional and national expertise compliments the wide variety of Partner projects and client types including national and local lending institutions, asset management/investment groups, developers, and commercial real estate professionals.

Ms. Peacock has assessed/managed over 15,000 commercial real estate transactions throughout her professional career including several multi-million dollar asset portfolios. The transactions she has worked on have included some or all of Partner’s core engineering due diligence services described above. Ms.

Peacock routinely manages national asset/developer clients to evaluate the environmental and structural risks associated with commercial/industrial properties prior to acquisition. These risks may be associated with past hazardous materials use (i.e., gasoline stations, dry cleaners) which require historical research combined with subsurface evaluations to assess for contamination that could devaluate the property or create a human health concern to occupants or construction workers; evaluate for asbestos, lead-based paint, and radon to determine the need for abatement or venting systems; evaluate the structural integrity of the building and assess for seismic retrofit; evaluate the roof, mechanical, electrical, plumbing systems (i.e., elevators, HVAC systems, sewer); evaluate for American Disabilities Act (ADA) deficiencies (i.e., ramps, railings, access); survey the property boundaries (i.e., ALTA Surveys); evaluate the subsurface conditions for construction suitability (i.e., Geotechnical Investigations); and conduct energy studies of the site building to meet with current requirements and systems efficiencies.

Project Experience
Midwest Healthcare Portfolio. A $200 million dollar acquisition project consisting of 30, multi-story healthcare properties and included Phase I Environmental Site Assessments and Property Condition Assessments with special inspections of HVAC systems, elevators, and roofing systems. Multiple inspectors were coordinated and dispatched to each site within a two-week report completion timeline. Special City Council/RSA Agenda 1074 Tuesday, November 19, 2024 Kathryn Peacock
2 | P a g e
inspection findings and related repair costs were cross-calculated with generalist inspection reporting and incorporated into the Property Condition Assessment spreadsheets for client/lender review. The acquisition was successful and exemplified Ms. Peacock’s project management and negotiation skills, coordination of several in-house engineering professionals and subcontracted elevator consultants as well as Partner’s responsiveness and expertise of client/lender’s expedited timeline.

Oil and Gas Portfolio. A multi-million dollar acquisition projects consisting of over 30 oil and gas facilities located throughout the southern United States which included Phase I Environmental Site Assessments, ALTA surveys, Flood Certificates, NORM surveys and Zoning reports. Multiple national inspectors were dispatched to site within each state. The project involved coordinating with attorneys and multiple lenders.

The acquisition project was successful and exemplified Ms. Peacock’s project management skills, coordination of dozens of national inspectors, quality control reviews, and responsiveness to client’s timeline.

Nationwide Industrial Portfolio. A multi-million dollar financing project consisting of 50 industrial properties throughout the United States included Phase I Environmental Site Assessments and Phase II Environmental Assessments. Multiple inspectors were dispatched to each site within a two-week turnaround. The financing project was successful and the project exemplified Ms. Peacock’s negotiation/client management skills, coordination of inspections, quality control and completion of timely reports as well as the responsiveness and professional acumen of Partner’s Engineering Team.

Central California Gas Station Portfolio. A multi-million dollar acquisition project consisting of 20, gas station properties throughout Southern California for a lender which included Phase I Environmental Site Assessments and Phase II Subsurface Investigations of former and current underground storage tanks, oil water separators and underground hydraulic lifts. The Phase II investigations included ground penetrating radar (GPR), subsurface soil sampling utilizing a hollow-stem auger drill rig, and surface soil sampling in accordance with the Cal EPA Department of Toxic Substances Control protocol. The acquisition was successful and the project exemplified Ms. Peacock’s negotiation/client management skills, coordination of inspections, quality control and completion of timely reports as well as the responsiveness and professional acumen of Partner’s Engineering Team.

Chicago Area Apartment Portfolio. A multi-million dollar acquisition project consisting of 30, multi-story apartment buildings in the greater Chicago area which included Phase I Environmental Site Assessments and Property Condition Assessments. Multiple inspectors were dispatched to each site to complete the reports within a two-week timeline. The acquisition was successful and the project exemplified Ms.

Peacock’s negotiation/client management skills, coordination of inspections, quality control and completion of timely reports as well as the responsiveness and professional acumen of Partner’s Engineering Team.

Affiliations
Risk Management Association
Environmental Bankers Association
Urban Land Institute
Advancing Women in Construction
City Council/RSA Agenda 1075 Tuesday, November 19, 2024 Kathryn Peacock
3 | P a g e
Speaking
Phase I Safety and Banker Liability, Environmental Bankers Association, Newport RI, 2014.

Phase II Investigations and Comparative Data Analysis of Environmental Concerns and Potential Loss Exposures, Environmental Bankers Association, 2015. 2014.

The Use of HVAC Systems to Control Vapor and Indoor Air Issues, Environmental Bankers Association, 2015.

Participation and syndications, Intersecting Perspectives of Stakeholders, Environmental Bankers Association, 2015.

Publications
The Changing Landscape of Phase I Environmental Site Assessments, the National Risk Management Association, 2013.

Contact
[email protected]
City Council/RSA Agenda 1076 Tuesday, November 19, 2024

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City Council/RSA Agenda 1078 Tuesday, November 19, 2024 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $
PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $
DED RETENTION $ PER OTH- STATUTE ER
E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
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The ACORD name and logo are registered marks of ACORD
9/20/2019
License # 0122529
(951) 368-0700 (951) 368-0707
13604
Partner Assessment Corporation dba Partner Engineering & Science, Inc.
2154 Torrance Blvd., #200
Torrance, CA 90501
25682
19489
25674
A 1,000,000
1000065923191 9/27/2019 9/27/2020 500,000
$25,000 deductible 25,000
1,000,000
2,000,000
2,000,000
B 1,000,000
BA5N503743 9/27/2019 9/27/2020
C 5,000,000
03098032 9/27/2019 9/27/2020 5,000,000
0 D
UB2L595612 9/27/2019 9/27/2020 1,000,000 Y 1,000,000
1,000,000
E Professional E&O W199E1190501 9/27/2019 Each Claim/Aggregate 1,000,000 A Pollution Liability 1000065923191 9/27/2019 9/27/2020 Each Occ/Aggregate 1,000,000 Partner Assessment Corporation
2154 Torrance Blvd., #200
Torrance, CA 90501
PARTASS-01 COURTNEYH
Gallant Risk & Insurance Services, Inc.
4160 Temescal Canyon Rd., #402
Corona, CA 92883
Starr Surplus Lines Insurance Company
The Travelers Indemnity Company of Connecticut
Allied World Assurance Company (U.S.) Inc.

Travelers Property Casualty Company of America
Underwriters at Lloyd's London
X
9/27/2020
X
X
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City Council/RSA Agenda 1079 Tuesday, November 19, 2024 Appendix H
Tribal Consultation
Attachment 1: Exhibit A - Draft and Final Mitigated Negative Declaration - Volume II - Appendix H City Council/RSA Agenda 1080 Tuesday, November 19, 2024 To: Irene Zwierlein, Chairperson
Amah Mutsun Tribal Band of Mission San Juan Bautista
3030 Soda Bay Road
Lakeport, CA 95453
From: Brandon H. DeLucas, Associate Planner
City of Union City
34009 Alvarado-Niles Road
Union City, CA 94587
Date: March 14, 2023
RE: Notice of Opportunity to Consult under Assembly Bill 52 for the City of Union City Chevron/Power Market Project, Union City, California
Dear Ms. Zwierlein,
The City of Union City Economic & Community Development Department is initiating environmental review under the California Environmental Quality Act (CEQA) for the proposed Chevron/Power Market Project. The project applicant, H&S Energy, LLC is proposing to demolish the existing gas station canopy and existing convenience store within the project location and to construct a new Power Market convenience store and Chevron gas station on-site. The address of the property to be modified is 31300 Alvarado-Niles Road, Union City, CA and is situated on a corner lot on the intersection of Alvarado-Niles Road and Union Landing Boulevard. The project site is located on Assessor’s Parcel Number (APN) 463-0104-006-00.

The proposed convenience store would be 2,375 square feet, while the gas station canopy would be 2,875 square feet and equipped with solar panels on the rooftop of the canopy. The site is currently developed with asphalt-paved parking areas, associated landscaping, drainage features, a fuel canopy, a vapor recovery unit, and three underground storage tanks with associated piping and dispensers. The surrounding properties consist of the Union City Landing Transit Center to the north, a gasoline service station and residences to the south across Alvarado-Niles Boulevard, a commercial property to the east, and a hotel and office buildings to the west across Union Landing Boulevard. An Area of Potential Effects(APE) map is attached to this letter for your information.

Assembly Bill 52 (AB 52) and Section 21080.3.l(d) of the California Public Resources Code (PRC) require that we respond to your written request to be notified of projects in our jurisdiction that will be reviewed under CEQA. Your name was provided to us as the point of contact for your tribe. We are hereby notifying you of an opportunity to consult with us regarding the potential for this project to impact Tribal Cultural Resources, as defined in Section 21074 of the PRC. The purposes of tribal consultation under AB 52 are to determine, as part of the CEQA review process, whether or not Tribal Cultural Resources are present within the project area, and if so, whether or not those resources will be significantly impacted by the development of these parcels. If Tribal Cultural Resources may be significantly impacted, then City Council/RSA Agenda 1081 Tuesday, November 19, 2024 consultation will also help to determine the most appropriate way to avoid or mitigate those impacts.

In accordance with Section 21080.3.I(d) of the PRC, you have 30 days from the receipt of this letter to either request or decline consultation in writing for this project. Please send your written response to my attention via email at [email protected]. You may also reach me by phone at (510) 675-5385.

Thank you and we look forward to your response.

Very Respectfully,
Brandon H. DeLucas
Associate Planner
City Council/RSA Agenda 1082 Tuesday, November 19, 2024

VOLPEY WAY

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Source: USGS National Map, 2020 2,000 Feet 1 ::::F---3=======::::F---3=======1 'f HELIX Area of Potential Effects Map
Environmental Planning
Figure 1
0 City Council/RSA Agenda 1083 Tuesday, November 19, 2024 City Council/RSA Agenda 1084 Tuesday, November 19, 2024 To: Tony Cerda, Chairperson
Costanoan Rumsen Carmel Tribe
244 E. 1st Street
Pomona, CA 91766
From: Brandon H. DeLucas, Associate Planner
City of Union City
34009 Alvarado-Niles Road
Union City, CA 94587
Date: March 14, 2023
RE: Notice of Opportunity to Consult under Assembly Bill 52 for the City of Union City Chevron/Power Market Project, Union City, California
Dear Mr. Cerda,
The City of Union City Economic & Community Development Department is initiating environmental review under the California Environmental Quality Act (CEQA) for the proposed Chevron/Power Market Project. The project applicant, H&S Energy, LLC is proposing to demolish the existing gas station canopy and existing convenience store within the project location and to construct a new Power Market convenience store and Chevron gas station on-site. The address of the property to be modified is 31300 Alvarado-Niles Road, Union City, CA and is situated on a corner lot on the intersection of Alvarado-Niles Road and Union Landing Boulevard. The project site is located on Assessor’s Parcel Number (APN) 463-0104-006-00.

The proposed convenience store would be 2,375 square feet, while the gas station canopy would be 2,875 square feet and equipped with solar panels on the rooftop of the canopy. The site is currently developed with asphalt-paved parking areas, associated landscaping, drainage features, a fuel canopy, a vapor recovery unit, and three underground storage tanks with associated piping and dispensers. The surrounding properties consist of the Union City Landing Transit Center to the north, a gasoline service station and residences to the south across Alvarado-Niles Boulevard, a commercial property to the east, and a hotel and office buildings to the west across Union Landing Boulevard. An Area of Potential Effects (APE) map is attached to this letter for your information.

Assembly Bill 52 (AB 52) and Section 21080.3.l(d) of the California Public Resources Code (PRC) require that we respond to your written request to be notified of projects in our jurisdiction that will be reviewed under CEQA. Your name was provided to us as the point of contact for your tribe. We are hereby notifying you of an opportunity to consult with us regarding the potential for this project to impact Tribal Cultural Resources, as defined in Section 21074 of the PRC. The purposes of tribal consultation under AB 52 are to determine, as part of the CEQA review process, whether or not Tribal Cultural Resources are present within the project area, and if so, whether or not those resources will be significantly impacted by the development of these parcels. If Tribal Cultural Resources may be significantly impacted, then City Council/RSA Agenda 1085 Tuesday, November 19, 2024 consultation will also help to determine the most appropriate way to avoid or mitigate those impacts.

Thank you and we look forward to your response.

Very Respectfully,
Brandon H. DeLucas
Associate Planner
City Council/RSA Agenda 1086 Tuesday, November 19, 2024

VOLPEY WAY

WHIPPLE R
Source: USGS National Map, 2020 2,000 Feet 1 ::::F---3=======::::F---3=======1 'f HELIX Area of Potential Effects Map
Environmental Planning
Figure 1
0 City Council/RSA Agenda 1087 Tuesday, November 19, 2024 City Council/RSA Agenda 1088 Tuesday, November 19, 2024 To: Kanyon Sayers-Roods, MLD Contact
Indian Canyon Mutsun Band of Costanoan
1615 Pearson Court
San Jose, CA 95122
From: Brandon H. DeLucas, Associate Planner
City of Union City
34009 Alvarado-Niles Road
Union City, CA 94587
Date: March 14, 2023
RE: Notice of Opportunity to Consult under Assembly Bill 52 for the City of Union City Chevron/Power Market Project, Union City, California
Dear Kanyon Sayers-Roods,
The City of Union City Economic & Community Development Department is initiating environmental review under the California Environmental Quality Act (CEQA) for the proposed Chevron/Power Market Project. The project applicant, H&S Energy, LLC is proposing to demolish the existing gas station canopy and existing convenience store within the project location and to construct a new Power Market convenience store and Chevron gas station on-site. The address of the property to be modified is 31300 Alvarado-Niles Road, Union City, CA and is situated on a corner lot on the intersection of Alvarado-Niles Road and Union Landing Boulevard. The project site is located on Assessor’s Parcel Number (APN) 463-0104-006-00.

Assembly Bill 52 (AB 52) and Section 21080.3.l(d) of the California Public Resources Code (PRC) require that we respond to your written request to be notified of projects in our jurisdiction that will be reviewed under CEQA. Your name was provided to us as the point of contact for your tribe. We are hereby notifying you of an opportunity to consult with us regarding the potential for this project to impact Tribal Cultural Resources, as defined in Section 21074 of the PRC. The purposes of tribal consultation under AB 52 are to determine, as part of the CEQA review process, whether or not Tribal Cultural Resources are present within the project area, and if so, whether or not those resources will be significantly impacted by the development of these parcels. If Tribal Cultural Resources may be significantly impacted, then City Council/RSA Agenda 1089 Tuesday, November 19, 2024 consultation will also help to determine the most appropriate way to avoid or mitigate those impacts.

Thank you and we look forward to your response.

Very Respectfully,
Brandon H. DeLucas
Associate Planner
City Council/RSA Agenda 1090 Tuesday, November 19, 2024

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0 City Council/RSA Agenda 1091 Tuesday, November 19, 2024 City Council/RSA Agenda 1092 Tuesday, November 19, 2024 To: Ann Marie Sayers, Chairperson
Indian Canyon Mutsun Band of Costanoan
P.O. Box 28
Hollister, CA, 95024
From: Brandon H. DeLucas, Associate Planner
City of Union City
34009 Alvarado-Niles Road
Union City, CA 94587
Date: March 14, 2023
RE: Notice of Opportunity to Consult under Assembly Bill 52 for the City of Union City Chevron/Power Market Project, Union City, California
Dear Ms. Sayers,
The City of Union City Economic & Community Development Department is initiating environmental review under the California Environmental Quality Act (CEQA) for the proposed Chevron/Power Market Project. The project applicant, H&S Energy, LLC is proposing to demolish the existing gas station canopy and existing convenience store within the project location and to construct a new Power Market convenience store and Chevron gas station on-site. The address of the property to be modified is 31300 Alvarado-Niles Road, Union City, CA and is situated on a corner lot on the intersection of Alvarado-Niles Road and Union Landing Boulevard. The project site is located on Assessor’s Parcel Number (APN) 463-0104-006-00.

The proposed convenience store would be 2,375 square feet, while the gas station canopy would be 2,875 square feet and equipped with solar panels on the rooftop of the canopy. The site is currently developed with asphalt-paved parking areas, associated landscaping, drainage features, a fuel canopy, a vapor recovery unit, and three underground storage tanks with associated piping and dispensers. The surrounding properties consist of the Union City Landing Transit Center to the north, a gasoline service station and residences to the south across Alvarado-Niles Boulevard, a commercial property to the east, and a hotel and office buildings to the west across Union Landing Boulevard. An Area of Potential Effects (APE) map is attached to this letter for your information.

Assembly Bill 52 (AB 52) and Section 21080.3.l(d) of the California Public Resources Code (PRC) require that we respond to your written request to be notified of projects in our jurisdiction that will be reviewed under CEQA. Your name was provided to us as the point of contact for your tribe. We are hereby notifying you of an opportunity to consult with us regarding the potential for this project to impact Tribal Cultural Resources, as defined in Section 21074 of the PRC. The purposes of tribal consultation under AB 52 are to determine, as part of the CEQA review process, whether or not Tribal Cultural Resources are present within the project area, and if so, whether or not those resources will be significantly impacted by the development of these parcels. If Tribal Cultural Resources may be significantly impacted, then City Council/RSA Agenda 1093 Tuesday, November 19, 2024 consultation will also help to determine the most appropriate way to avoid or mitigate those impacts.

Thank you and we look forward to your response.

Very Respectfully,
Brandon H. DeLucas
Associate Planner
City Council/RSA Agenda 1094 Tuesday, November 19, 2024

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0 City Council/RSA Agenda 1095 Tuesday, November 19, 2024 City Council/RSA Agenda 1096 Tuesday, November 19, 2024 To: Monica Arellano, Vice Chairwoman
Muwekma Ohlone Indian Tribe of the SF Bay Area
20885 Redwood Road, Suite 232
Castro Valley, CA 94546
From: Brandon H. DeLucas, Associate Planner
City of Union City
34009 Alvarado-Niles Road
Union City, CA 94587
Date: March 14, 2023
RE: Notice of Opportunity to Consult under Assembly Bill 52 for the City of Union City Chevron/Power Market Project, Union City, California
Dear Ms. Arellano,
The City of Union City Economic & Community Development Department is initiating environmental review under the California Environmental Quality Act (CEQA) for the proposed Chevron/Power Market Project. The project applicant, H&S Energy, LLC is proposing to demolish the existing gas station canopy and existing convenience store within the project location and to construct a new Power Market convenience store and Chevron gas station on-site. The address of the property to be modified is 31300 Alvarado-Niles Road, Union City, CA and is situated on a corner lot on the intersection of Alvarado-Niles Road and Union Landing Boulevard. The project site is located on Assessor’s Parcel Number (APN) 463-0104-006-00.

The proposed convenience store would be 2,375 square feet, while the gas station canopy would be 2,875 square feet and equipped with solar panels on the rooftop of the canopy. The site is currently developed with asphalt-paved parking areas, associated landscaping, drainage features, a fuel canopy, a vapor recovery unit, and three underground storage tanks with associated piping and dispensers. The surrounding properties consist of the Union City Landing Transit Center to the north, a gasoline service station and residences to the south across Alvarado-Niles Boulevard, a commercial property to the east, and a hotel and office buildings to the west across Union Landing Boulevard. An Area of Potential Effects (APE) map is attached to this letter for your information.

Assembly Bill 52 (AB 52) and Section 21080.3.l(d) of the California Public Resources Code (PRC) require that we respond to your written request to be notified of projects in our jurisdiction that will be reviewed under CEQA. Your name was provided to us as the point of contact for your tribe. We are hereby notifying you of an opportunity to consult with us regarding the potential for this project to impact Tribal Cultural Resources, as defined in Section 21074 of the PRC. The purposes of tribal consultation under AB 52 are to determine, as part of the CEQA review process, whether or not Tribal Cultural Resources are present within the project area, and if so, whether or not those resources will be significantly impacted by the development of these parcels. If Tribal Cultural Resources may be significantly impacted, then City Council/RSA Agenda 1097 Tuesday, November 19, 2024 consultation will also help to determine the most appropriate way to avoid or mitigate those impacts.

Thank you and we look forward to your response.

Very Respectfully,
Brandon H. DeLucas
Associate Planner
City Council/RSA Agenda 1098 Tuesday, November 19, 2024

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0 City Council/RSA Agenda 1099 Tuesday, November 19, 2024 City Council/RSA Agenda 1100 Tuesday, November 19, 2024 To: Charlene Nijmeh, Chairperson
Muwekma Ohlone Indian Tribe of the SF Bay Area
20885 Redwood Road, Suite 232
Castro Valley, CA 94546
From: Brandon H. DeLucas, Associate Planner
City of Union City
34009 Alvarado-Niles Road
Union City, CA 94587
Date: March 14, 2023
RE: Notice of Opportunity to Consult under Assembly Bill 52 for the City of Union City Chevron/Power Market Project, Union City, California
Dear Ms. Nijmeh,
The City of Union City Economic & Community Development Department is initiating environmental review under the California Environmental Quality Act (CEQA) for the proposed Chevron/Power Market Project. The project applicant, H&S Energy, LLC is proposing to demolish the existing gas station canopy and existing convenience store within the project location and to construct a new Power Market convenience store and Chevron gas station on-site. The address of the property to be modified is 31300 Alvarado-Niles Road, Union City, CA and is situated on a corner lot on the intersection of Alvarado-Niles Road and Union Landing Boulevard. The project site is located on Assessor’s Parcel Number (APN) 463-0104-006-00.

The proposed convenience store would be 2,375 square feet, while the gas station canopy would be 2,875 square feet and equipped with solar panels on the rooftop of the canopy. The site is currently developed with asphalt-paved parking areas, associated landscaping, drainage features, a fuel canopy, a vapor recovery unit, and three underground storage tanks with associated piping and dispensers. The surrounding properties consist of the Union City Landing Transit Center to the north, a gasoline service station and residences to the south across Alvarado-Niles Boulevard, a commercial property to the east, and a hotel and office buildings to the west across Union Landing Boulevard. An Area of Potential Effects (APE) map is attached to this letter for your information.

Assembly Bill 52 (AB 52) and Section 21080.3.l(d) of the California Public Resources Code (PRC) require that we respond to your written request to be notified of projects in our jurisdiction that will be reviewed under CEQA. Your name was provided to us as the point of contact for your tribe. We are hereby notifying you of an opportunity to consult with us regarding the potential for this project to impact Tribal Cultural Resources, as defined in Section 21074 of the PRC. The purposes of tribal consultation under AB 52 are to determine, as part of the CEQA review process, whether or not Tribal Cultural Resources are present within the project area, and if so, whether or not those resources will be significantly impacted by the development of these parcels. If Tribal Cultural Resources may be significantly impacted, then City Council/RSA Agenda 1101 Tuesday, November 19, 2024 consultation will also help to determine the most appropriate way to avoid or mitigate those impacts.

Thank you and we look forward to your response.

Very Respectfully,
Brandon H. DeLucas
Associate Planner
City Council/RSA Agenda 1102 Tuesday, November 19, 2024

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0 City Council/RSA Agenda 1103 Tuesday, November 19, 2024 City Council/RSA Agenda 1104 Tuesday, November 19, 2024 To: Katherine Perez, Chairperson
North Valley Yokuts Tribe
P.O. Box 717
Linden, CA, 95236
From: Brandon H. DeLucas, Associate Planner
City of Union City
34009 Alvarado-Niles Road
Union City, CA 94587
Date: March 14, 2023
RE: Notice of Opportunity to Consult under Assembly Bill 52 for the City of Union City Chevron/Power Market Project, Union City, California
Dear Ms. Perez,
The City of Union City Economic & Community Development Department is initiating environmental review under the California Environmental Quality Act (CEQA) for the proposed Chevron/Power Market Project. The project applicant, H&S Energy, LLC is proposing to demolish the existing gas station canopy and existing convenience store within the project location and to construct a new Power Market convenience store and Chevron gas station on-site. The address of the property to be modified is 31300 Alvarado-Niles Road, Union City, CA and is situated on a corner lot on the intersection of Alvarado-Niles Road and Union Landing Boulevard. The project site is located on Assessor’s Parcel Number (APN) 463-0104-006-00.

The proposed convenience store would be 2,375 square feet, while the gas station canopy would be 2,875 square feet and equipped with solar panels on the rooftop of the canopy. The site is currently developed with asphalt-paved parking areas, associated landscaping, drainage features, a fuel canopy, a vapor recovery unit, and three underground storage tanks with associated piping and dispensers. The surrounding properties consist of the Union City Landing Transit Center to the north, a gasoline service station and residences to the south across Alvarado-Niles Boulevard, a commercial property to the east, and a hotel and office buildings to the west across Union Landing Boulevard. An Area of Potential Effects (APE) map is attached to this letter for your information.

Assembly Bill 52 (AB 52) and Section 21080.3.l(d) of the California Public Resources Code (PRC) require that we respond to your written request to be notified of projects in our jurisdiction that will be reviewed under CEQA. Your name was provided to us as the point of contact for your tribe. We are hereby notifying you of an opportunity to consult with us regarding the potential for this project to impact Tribal Cultural Resources, as defined in Section 21074 of the PRC. The purposes of tribal consultation under AB 52 are to determine, as part of the CEQA review process, whether or not Tribal Cultural Resources are present within the project area, and if so, whether or not those resources will be significantly impacted by the development of these parcels. If Tribal Cultural Resources may be significantly impacted, then City Council/RSA Agenda 1105 Tuesday, November 19, 2024 consultation will also help to determine the most appropriate way to avoid or mitigate those impacts.

Thank you and we look forward to your response.

Very Respectfully,
Brandon H. DeLucas
Associate Planner
City Council/RSA Agenda 1106 Tuesday, November 19, 2024 To: Timothy Perez
North Valley Yokuts Tribe
P.O. Box 717
Linden, CA, 95236
From: Brandon H. DeLucas, Associate Planner
City of Union City
34009 Alvarado-Niles Road
Union City, CA 94587
Date: March 14, 2023
RE: Notice of Opportunity to Consult under Assembly Bill 52 for the City of Union City Chevron/Power Market Project, Union City, California
Dear Mr. Perez,
The City of Union City Economic & Community Development Department is initiating environmental review under the California Environmental Quality Act (CEQA) for the proposed Chevron/Power Market Project. The project applicant, H&S Energy, LLC is proposing to demolish the existing gas station canopy and existing convenience store within the project location and to construct a new Power Market convenience store and Chevron gas station on-site. The address of the property to be modified is 31300 Alvarado-Niles Road, Union City, CA and is situated on a corner lot on the intersection of Alvarado-Niles Road and Union Landing Boulevard. The project site is located on Assessor’s Parcel Number (APN) 463-0104-006-00.

The proposed convenience store would be 2,375 square feet, while the gas station canopy would be 2,875 square feet and equipped with solar panels on the rooftop of the canopy. The site is currently developed with asphalt-paved parking areas, associated landscaping, drainage features, a fuel canopy, a vapor recovery unit, and three underground storage tanks with associated piping and dispensers. The surrounding properties consist of the Union City Landing Transit Center to the north, a gasoline service station and residences to the south across Alvarado-Niles Boulevard, a commercial property to the east, and a hotel and office buildings to the west across Union Landing Boulevard. An Area of Potential Effects (APE) map is attached to this letter for your information.

Assembly Bill 52 (AB 52) and Section 21080.3.l(d) of the California Public Resources Code (PRC) require that we respond to your written request to be notified of projects in our jurisdiction that will be reviewed under CEQA. Your name was provided to us as the point of contact for your tribe. We are hereby notifying you of an opportunity to consult with us regarding the potential for this project to impact Tribal Cultural Resources, as defined in Section 21074 of the PRC. The purposes of tribal consultation under AB 52 are to determine, as part of the CEQA review process, whether or not Tribal Cultural Resources are present within the project area, and if so, whether or not those resources will be significantly impacted by the development of these parcels. If Tribal Cultural Resources may be significantly impacted, then City Council/RSA Agenda 1107 Tuesday, November 19, 2024 consultation will also help to determine the most appropriate way to avoid or mitigate those impacts.

Thank you and we look forward to your response.

Very Respectfully,
Brandon H. DeLucas
Associate Planner
City Council/RSA Agenda 1108 Tuesday, November 19, 2024

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0 City Council/RSA Agenda 1109 Tuesday, November 19, 2024 City Council/RSA Agenda 1110 Tuesday, November 19, 2024 To: Corrina Gould, Chairperson
The Confederated Villages of Lisjan
10926 Edes Avenue
Oakland, CA 94603
From: Brandon H. DeLucas, Associate Planner
City of Union City
34009 Alvarado-Niles Road
Union City, CA 94587
Date: March 14, 2023
RE: Notice of Opportunity to Consult under Assembly Bill 52 for the City of Union City Chevron/Power Market Project, Union City, California
Dear Ms. Gould,
The City of Union City Economic & Community Development Department is initiating environmental review under the California Environmental Quality Act (CEQA) for the proposed Chevron/Power Market Project. The project applicant, H&S Energy, LLC is proposing to demolish the existing gas station canopy and existing convenience store within the project location and to construct a new Power Market convenience store and Chevron gas station on-site. The address of the property to be modified is 31300 Alvarado-Niles Road, Union City, CA and is situated on a corner lot on the intersection of Alvarado-Niles Road and Union Landing Boulevard. The project site is located on Assessor’s Parcel Number (APN) 463-0104-006-00.

The proposed convenience store would be 2,375 square feet, while the gas station canopy would be 2,875 square feet and equipped with solar panels on the rooftop of the canopy. The site is currently developed with asphalt-paved parking areas, associated landscaping, drainage features, a fuel canopy, a vapor recovery unit, and three underground storage tanks with associated piping and dispensers. The surrounding properties consist of the Union City Landing Transit Center to the north, a gasoline service station and residences to the south across Alvarado-Niles Boulevard, a commercial property to the east, and a hotel and office buildings to the west across Union Landing Boulevard. An Area of Potential Effects (APE) map is attached to this letter for your information.

Assembly Bill 52 (AB 52) and Section 21080.3.l(d) of the California Public Resources Code (PRC) require that we respond to your written request to be notified of projects in our jurisdiction that will be reviewed under CEQA. Your name was provided to us as the point of contact for your tribe. We are hereby notifying you of an opportunity to consult with us regarding the potential for this project to impact Tribal Cultural Resources, as defined in Section 21074 of the PRC. The purposes of tribal consultation under AB 52 are to determine, as part of the CEQA review process, whether or not Tribal Cultural Resources are present within the project area, and if so, whether or not those resources will be significantly impacted by the development of these parcels. If Tribal Cultural Resources may be significantly impacted, then City Council/RSA Agenda 1111 Tuesday, November 19, 2024 consultation will also help to determine the most appropriate way to avoid or mitigate those impacts.

Thank you and we look forward to your response.

Very Respectfully,
Brandon H. DeLucas
Associate Planner
City Council/RSA Agenda 1112 Tuesday, November 19, 2024

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0 City Council/RSA Agenda 1113 Tuesday, November 19, 2024 City Council/RSA Agenda 1114 Tuesday, November 19, 2024 To: Andrew Galvan, Chairperson
The Ohlone Indian Tribe
P.O. Box 3388
Fremont, CA, 94539
From: Brandon H. DeLucas, Associate Planner
City of Union City
34009 Alvarado-Niles Road
Union City, CA 94587
Date: March 14, 2023
RE: Notice of Opportunity to Consult under Assembly Bill 52 for the City of Union City Chevron/Power Market Project, Union City, California
Dear Mr. Galvan,
The City of Union City Economic & Community Development Department is initiating environmental review under the California Environmental Quality Act (CEQA) for the proposed Chevron/Power Market Project. The project applicant, H&S Energy, LLC is proposing to demolish the existing gas station canopy and existing convenience store within the project location and to construct a new Power Market convenience store and Chevron gas station on-site. The address of the property to be modified is 31300 Alvarado-Niles Road, Union City, CA and is situated on a corner lot on the intersection of Alvarado-Niles Road and Union Landing Boulevard. The project site is located on Assessor’s Parcel Number (APN) 463-0104-006-00.

The proposed convenience store would be 2,375 square feet, while the gas station canopy would be 2,875 square feet and equipped with solar panels on the rooftop of the canopy. The site is currently developed with asphalt-paved parking areas, associated landscaping, drainage features, a fuel canopy, a vapor recovery unit, and three underground storage tanks with associated piping and dispensers. The surrounding properties consist of the Union City Landing Transit Center to the north, a gasoline service station and residences to the south across Alvarado-Niles Boulevard, a commercial property to the east, and a hotel and office buildings to the west across Union Landing Boulevard. An Area of Potential Effects (APE) map is attached to this letter for your information.

Assembly Bill 52 (AB 52) and Section 21080.3.l(d) of the California Public Resources Code (PRC) require that we respond to your written request to be notified of projects in our jurisdiction that will be reviewed under CEQA. Your name was provided to us as the point of contact for your tribe. We are hereby notifying you of an opportunity to consult with us regarding the potential for this project to impact Tribal Cultural Resources, as defined in Section 21074 of the PRC. The purposes of tribal consultation under AB 52 are to determine, as part of the CEQA review process, whether or not Tribal Cultural Resources are present within the project area, and if so, whether or not those resources will be significantly impacted by the development of these parcels. If Tribal Cultural Resources may be significantly impacted, then City Council/RSA Agenda 1115 Tuesday, November 19, 2024 consultation will also help to determine the most appropriate way to avoid or mitigate those impacts.

Thank you and we look forward to your response.

Very Respectfully,
Brandon H. DeLucas
Associate Planner
City Council/RSA Agenda 1116 Tuesday, November 19, 2024

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0 City Council/RSA Agenda 1117 Tuesday, November 19, 2024 City Council/RSA Agenda 1118 Tuesday, November 19, 2024 To: Kenneth Woodrow, Chairperson
Wuksache Indian Tribe/Eshom Valley Band
1179 Rock Haven Court
Salinas, CA 93906
From: Brandon H. DeLucas, Associate Planner
City of Union City
34009 Alvarado-Niles Road
Union City, CA 94587
Date: March 14, 2023
RE: Notice of Opportunity to Consult under Assembly Bill 52 for the City of Union City Chevron/Power Market Project, Union City, California
Dear Mr. Woodrow,
The City of Union City Economic & Community Development Department is initiating environmental review under the California Environmental Quality Act (CEQA) for the proposed Chevron/Power Market Project. The project applicant, H&S Energy, LLC is proposing to demolish the existing gas station canopy and existing convenience store within the project location and to construct a new Power Market convenience store and Chevron gas station on-site. The address of the property to be modified is 31300 Alvarado-Niles Road, Union City, CA and is situated on a corner lot on the intersection of Alvarado-Niles Road and Union Landing Boulevard. The project site is located on Assessor’s Parcel Number (APN) 463-0104-006-00.

The proposed convenience store would be 2,375 square feet, while the gas station canopy would be 2,875 square feet and equipped with solar panels on the rooftop of the canopy. The site is currently developed with asphalt-paved parking areas, associated landscaping, drainage features, a fuel canopy, a vapor recovery unit, and three underground storage tanks with associated piping and dispensers. The surrounding properties consist of the Union City Landing Transit Center to the north, a gasoline service station and residences to the south across Alvarado-Niles Boulevard, a commercial property to the east, and a hotel and office buildings to the west across Union Landing Boulevard. An Area of Potential Effects (APE) map is attached to this letter for your information.

Assembly Bill 52 (AB 52) and Section 21080.3.l(d) of the California Public Resources Code (PRC) require that we respond to your written request to be notified of projects in our jurisdiction that will be reviewed under CEQA. Your name was provided to us as the point of contact for your tribe. We are hereby notifying you of an opportunity to consult with us regarding the potential for this project to impact Tribal Cultural Resources, as defined in Section 21074 of the PRC. The purposes of tribal consultation under AB 52 are to determine, as part of the CEQA review process, whether or not Tribal Cultural Resources are present within the project area, and if so, whether or not those resources will be significantly impacted by the development of these parcels. If Tribal Cultural Resources may be significantly impacted, then City Council/RSA Agenda 1119 Tuesday, November 19, 2024 consultation will also help to determine the most appropriate way to avoid or mitigate those impacts.

Thank you and we look forward to your response.

Very Respectfully,
Brandon H. DeLucas
Associate Planner
City Council/RSA Agenda 1120 Tuesday, November 19, 2024

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MITIGATION MONITORING AND REPORTING PROGRAM

CHEVRON/POWER MARKET PROJECT
Purpose of Mitigation Monitoring and Reporting Program: The California Environmental Quality Act (CEQA), Public Resources Code Section 21081.6, requires that a Mitigation Monitoring and Reporting Program (MMRP) be established upon completing findings. CEQA stipulates that “the public agency shall adopt a reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation.” This MMRP has been prepared in compliance with Section 21081.6 of CEQA to ensure that all required mitigation measures are implemented and completed according to schedule and maintained in a satisfactory manner during the construction and operation of the project, as required. A table (attached) has been prepared to assist the responsible parties in implementing the MMRP. The table identifies individual mitigation measures, monitoring/mitigation timing, the responsible person/agency for implementing the measure, and space to confirm the implementation of the mitigation measures. The numbering of mitigation measures follows the numbering sequence found in the Initial Study and Mitigated Negative Declaration.

The City of Union City is the lead agency for the project under CEQA and shall administer and implement the MMRP. The City is responsible for reviewing all monitoring reports, enforcement actions, and document disposition. The City shall rely on information provided by the project site observers/monitors (e.g., construction manager, project manager, biologist, archaeologist, etc.) as accurate and up-to-date and shall provide personnel to field check mitigation measure status, as required.

City Council/RSA Agenda 1123 Tuesday, November 19, 2024 Appendix I: Mitigation Monitoring and Reporting Program for the Chevron/Power Market Project I-2
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City Council/RSA Agenda 1124 Tuesday, November 19, 2024 Appendix I: Mitigation Monitoring and Reporting Program for the Chevron/Power Market Project I-3

MITIGATION MONITORING AND REPORTING PROGRAM
Chevron/Power Market Project
Mitigation Measure Monitoring /
Mitigation Timing
Reporting /
Responsible
Verification of
Compliance
Party Initials Date

AIR QUALITY
AQ-1: Basin Construction Mitigation Measures
Prior to issuing construction permits, the City shall specify on all grading, building, and other construction permits for the project, implementation of the following Basin Construction Mitigation Measures:
• All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. • All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
• All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
• All vehicle speeds on unpaved roads shall be limited to 15 mph. • All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
• Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of the California Code of Regulations). Clear signage shall be provided for construction workers at all access points.
• All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator.
• Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The air district’s phone number shall also be visible to ensure compliance with applicable regulations.

Prior to issuance of
construction permits.

City of Union
City, Project
Applicant
City Council/RSA Agenda 1125 Tuesday, November 19, 2024 Appendix I: Mitigation Monitoring and Reporting Program for the Chevron/Power Market Project I-4
Mitigation Measure Monitoring /
Mitigation Timing
Reporting /
Responsible
Verification of
Compliance
Party Initials Date

BIOLOGICAL RESOURCES
BIO-1: Avian Nesting Surveys
If project (construction) ground-disturbing and grubbing activities commence during the avian breeding season (February 1 through August 31), a qualified biologist shall conduct a pre-construction nesting bird survey no more than 14 days prior to initiation of project activities. The survey area shall include suitable raptor nesting habitat within 500 feet of the project boundary (inaccessible areas outside of the project site can be surveyed from the site or from public roads using binoculars or spotting scopes). Pre-construction surveys are not required in areas where project activities have been continuous prior to February 1, as determined by a qualified biologist. Areas that have been inactive for more than 14 days during the avian breeding season must be re-surveyed prior to resumption of project activities. If no active nests are identified, no further mitigation is required. If active nests are identified, the following measure is required:
• A suitable buffer (e.g., typically 300-500 feet for raptors; and 50-100 feet for passerines) shall be established by a qualified biologist around active nests and no construction activities within the buffer shall be allowed until a qualified biologist has determined that the nest is no longer active (i.e., the nestlings have fledged and are no longer reliant on the nest, or the nest has failed).

Encroachment into the buffer may occur at the discretion of a qualified biologist.

Any encroachment into the buffer shall be monitored by a qualified biologist to determine whether nesting birds are being impacted.

No more than 14
days prior to the
initiation of project
activities.

Qualified
Biologist, City of
Union City

CULTURAL RESOURCES
CUL-1: Avoid Impacts to Previously Unknown Archaeological Resources In the event that cultural resources are exposed during ground-disturbing activities, construction activities shall be halted within 100 feet of the discovery. Cultural resources could consist of but are not limited to stone, bone, wood, or shell artifacts, or features, including hearths, structural remains, or historic dumpsites. If the resources cannot be avoided during the remainder of construction, an archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards shall be retained to assess the resource and provide appropriate management recommendations. If the discovery proves to be CRHR- or NRHP-eligible, additional work, such as data recovery excavation, may be warranted and shall be discussed in consultation with the Lead Agency.

Immediately upon
discovery of cultural
resources.

Qualified
Archaeologist,
City of Union
City
City Council/RSA Agenda 1126 Tuesday, November 19, 2024 Appendix I: Mitigation Monitoring and Reporting Program for the Chevron/Power Market Project I-5
Mitigation Measure Monitoring /
Mitigation Timing
Reporting /
Responsible
Verification of
Compliance
Party Initials Date
CUL-2: Avoid and Minimize Impacts Related to Accidental Discovery of Human Remains.

The discovery of human remains is always a possibility during a project. If such an event did occur, the specific procedures outlined by the Native American Heritage Commission, in accordance with Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the Public Resources Code, must be followed:

1. All excavation activities within 60 feet of the remains will immediately stop, and the area will be protected with flagging or by posting a monitor or construction worker to ensure that no additional disturbance occurs.

2. The project owner or their authorized representative will contact the Alameda County Coroner.

3. The coroner will have two working days to examine the remains after being notified in accordance with California Health and Safety Code Section 7050.5. If the coroner determines that the remains are Native American and are not subject to the coroner’s authority, the coroner will notify NAHC of the discovery within 24 hours.

4. The Native American Heritage Commission will immediately notify the Most Likely Descendent, who will have 48 hours after being granted access to the location of the remains to inspect them and make recommendations for their treatment.

Work will be suspended in the area of the find until the City approves the proposed treatment of human remains.

Immediately upon
discovery of human
remains.

Qualified
Archaeologist,
City of Union
City

GEOLOGY AND SOILS
GEO-1: Site-Specific Geotechnical Investigation
Prior to the issuance of final demolition and construction permits for the project, a geotechnical firm with local expertise in geotechnical investigation shall prepare a sitespecific geotechnical report. The report shall be prepared by a California-licensed geotechnical engineer or engineering geologist and be submitted to the Union City Building Department for approval prior to issuance of final permits for demolition and construction. This report shall be based on data collected from subsurface exploration, laboratory testing of samples of surface mapping, and address the potential for surface fault rupture, ground shaking, slope failure, and expansive soils and make recommendations based on those findings. The developer shall implement recommendations identified in the site-specific geotechnical report.

Prior to the issuance
of final demolition
and construction
permits for the
project.

Californialicensed
geotechnical
engineer or
engineering
geologist, City
of Union City
City Council/RSA Agenda 1127 Tuesday, November 19, 2024 Appendix I: Mitigation Monitoring and Reporting Program for the Chevron/Power Market Project I-6
Mitigation Measure Monitoring /
Mitigation Timing
Reporting /
Responsible
Verification of
Compliance
Party Initials Date
GEO-2: Paleontological Resources Mitigation
Prior to the start of construction, construction workers shall receive on-site training regarding identification of paleontological resources. If any paleontological resources are encountered during site grading or other construction activities, all ground disturbance shall be halted until the services of a qualified paleontologist can be retained to identify and evaluate the scientific value of the resource(s) and, if necessary, recommend mitigation measures to document and prevent any significant adverse effects on the resource(s). Significant paleontological resources shall be salvaged and deposited in an accredited and permanent scientific institution, such as the University of California Museum of Paleontology.

Prior to the start of
construction.

Qualified
Paleontologist,
Project
Applicant

GREENHOUSE GAS EMISSIONS
GHG-1: Verification of Plans for Natural Gas
Prior to the final project design approval, the City shall require and verify the specification on applicable site and building plans that no natural gas appliance or natural gas pumping is included.

Prior to final project
design approval.

City of Union
City
GHG-2: Verification of EV Capable Parking Spaces
Prior to final project design approval, the City shall require and verify the specification on applicable site and building plans that a minimum of 3 of the project’s 9 parking spaces would be electric vehicle (EV) capable spaces in accordance with the 2022 CALGreen definitions and 2022 CALGreen nonresidential voluntary Tier 2 requirements.

Prior to final project
design approval.

City of Union
City

HAZARDS AND HAZARDOUS MATERIALS
HAZ-1: Hazardous Materials Management
The following measures would be incorporated to minimize potential hazardous materials impacts.
• The City shall ensure that grading plans, other improvement plans and building permits include a statement specifying that if hazardous materials contamination is discovered or suspected during construction activities, then all work shall stop immediately until the Union City Environmental Programs Division has determined an appropriate course of action. Such actions may include, but would not be limited to, site investigation, human health and environmental risk assessment, implementation of a health and safety plan, and remediation and/or site management controls. Any site investigation and recommendations for mitigation, Upon discovery of
hazardous materials.

Project
Applicant,
Union City
Environmental
Programs
Division
City Council/RSA Agenda 1128 Tuesday, November 19, 2024 Appendix I: Mitigation Monitoring and Reporting Program for the Chevron/Power Market Project I-7
Mitigation Measure Monitoring /
Mitigation Timing
Reporting /
Responsible
Verification of
Compliance
Party Initials Date
as necessary, shall be completed by a qualified professional and submitted to the City.
• Construction Workers shall receive on-site training regarding the potential for previously unknown and/or residual soil or groundwater contamination to be present. Training shall be conducted by a qualified professional in hazardous materials handling. The training shall identify the appropriate steps to be taken by the contractor upon discovery of potentially contaminated material. • In the event previously unknown and/or residual contaminated soil, groundwater, or subsurface features are encountered, work on-site shall cease immediately, and the applicant’s contractor and/or site qualified professional shall notify the Union City Planning and Environmental Programs Divisions.
• Applicant shall make all required reports to regulatory agencies if possible contamination is discovered. The Union City Environmental Programs Division shall be responsible for assessing the degree of compliance and the effectiveness of risk mitigation efforts required by regulatory agencies, and reporting to the planning Division whether risks have been satisfactorily abated in accordance with the requirements of this measure.

Activities that involve soil disturbance or that intercept groundwater shall not resume on the site until the Union City Environmental Programs Division has determined further work would not pose an unacceptable human health or environmental risk, based on documentation developed by the applicant’s qualified professional and provided to the Union City Environmental Programs Division.

HYDROLOGY AND WATER QUALITY
HYD-1: Stormwater Control Plan
Prior to issuance of a grading permit, the project applicant shall submit a Stormwater Control Plan (SCP) in accordance with current construction and post-construction State Water Resources Control Board, Alameda Countywide Clean Water Program requirements, and the Municipal Regional Stormwater Permit for the project area for review and approval by the Union City Public Works Department. The SCP shall be implemented throughout project construction and project operation. The SCP shall include treatment measures and design features that will be incorporated into project design and construction to reduce the pollutant load in stormwater discharges and to manage runoff flows. The SCP shall Prior to issuance of a
grading permit.

City of Union
City
City Council/RSA Agenda 1129 Tuesday, November 19, 2024 Appendix I: Mitigation Monitoring and Reporting Program for the Chevron/Power Market Project I-8
Mitigation Measure Monitoring /
Mitigation Timing
Reporting /
Responsible
Verification of
Compliance
Party Initials Date
describe construction stormwater BMPs that will be implemented to minimize the migration of sediments off-site. Typical construction BMPs can include covering soil stockpiles, sweeping soil from streets or other paved areas, performing site-disturbing activities in dry periods, and planting vegetation or landscaping quickly after disturbance to stabilize soils. Other typical stormwater BMPs include erosion and sediment control measures such as wattles, covers, silt fences, installing stabilized construction entrances and/or corrugated steel plates, protecting existing curb inlets with filter fabric and sandbags in the vicinity of the project.

The applicant shall clearly identify any pavement areas that are being removed and replaced and those areas that are currently landscaping/dirt and will be changed to impervious areas, such as Building, pavement or walkways, etc. This information will also be reflected in the Stormwater Requirements Checklist.

If applicable, required, the applicant shall execute and implement an operations and maintenance agreement (O&M) with the City to provide for the maintenance of all on-site stormwater treatment features and devices in perpetuity The requirements stipulated in the O&M agreement shall apply to current and all future owners of the property. Prior to issuance of the certificate of occupancy, the applicant shall provide proof of recording this agreement at the Alameda County Clerk Recorder’s Office. The applicant shall submit to the Union City Public Works Department annual inspection reports with the requirements stipulated in the O&M agreement.

City Council/RSA Agenda 1130 Tuesday, November 19, 2024 Appendix I: Mitigation Monitoring and Reporting Program for the Chevron/Power Market Project I-9
This page intentionally left blank.

City Council/RSA Agenda 1131 Tuesday, November 19, 2024 Appendix I
Mitigation Monitoring and Reporting
Program
Attachment 1: Exhibit A - Draft and Final Mitigated Negative Declaration - Volume II - Appendix I City Council/RSA Agenda 1132 Tuesday, November 19, 2024 Appendix I: Mitigation Monitoring and Reporting Program for the Chevron/Power Market Project I-2

MITIGATION MONITORING AND REPORTING PROGRAM

City Council/RSA Agenda 1133 Tuesday, November 19, 2024 Appendix I: Mitigation Monitoring and Reporting Program for the Chevron/Power Market Project I-3
This page intentionally left blank.

City Council/RSA Agenda 1134 Tuesday, November 19, 2024 Appendix I: Mitigation Monitoring and Reporting Program for the Chevron/Power Market Project I-4

MITIGATION MONITORING AND REPORTING PROGRAM
Chevron/Power Market Project
Mitigation Measure Monitoring /
Mitigation Timing
Reporting /
Responsible
Verification of
Compliance
Party Initials Date

These measures will
be included in
demolition, grading,
and building permits
for distribution to
project staff and will
be monitored
regularly during
demolition, grading,
and construction
activities.

City of Union
City Planning
Division,
Building
Division,
Engineering
Division, and
Project
Applicant
City Council/RSA Agenda 1135 Tuesday, November 19, 2024 Appendix I: Mitigation Monitoring and Reporting Program for the Chevron/Power Market Project I-5
Mitigation Measure Monitoring /
Mitigation Timing
Reporting /
Responsible
Verification of
Compliance
Party Initials Date

Encroachment into the buffer may occur at the discretion of a qualified biologist.

Any encroachment into the buffer shall be monitored by a qualified biologist to determine whether nesting birds are being impacted.

No more than 14
days prior to the
initiation of project
activities.

Qualified
Biologist, City of
Union City
Planning
Division

Qualified
Archaeologist,
City of Union
City Planning
Division
City Council/RSA Agenda 1136 Tuesday, November 19, 2024 Appendix I: Mitigation Monitoring and Reporting Program for the Chevron/Power Market Project I-6
Mitigation Measure Monitoring /
Mitigation Timing
Reporting /
Responsible
Verification of
Compliance
Party Initials Date
qualified archaeologist determines that the discovery may be of Native American origin, the Confederated Villages of Lisjan Nation and any other applicable tribes will be notified.

CUL-2: Avoid and Minimize Impacts Related to Accidental Discovery of Human Remains.

2. The project owner or their authorized representative will contact the Alameda County Coroner.

Work will be suspended in the area of the find until the City approves the proposed treatment of human remains.

Immediately upon
discovery of human
remains.

Qualified
Archaeologist,
City of Union
City Planning
Division

GEOLOGY AND SOILS
GEO-1: Site-Specific Geotechnical Investigation
Prior to the issuance of final demolition and construction permits for the project, a geotechnical firm with local expertise in geotechnical investigation shall prepare a sitespecific geotechnical report. The report shall be prepared by a California-licensed geotechnical engineer or engineering geologist and be submitted to the Union City Building Department for approval prior to issuance of final permits for demolition and construction. This report shall be based on data collected from subsurface exploration, laboratory testing of samples of surface mapping, and address the potential for surface fault rupture, ground shaking, slope failure, and expansive soils and make Prior to the issuance
of demolition and
construction permits
for the project.

Californialicensed
geotechnical
engineer or
engineering
geologist, City
of Union City
Building
Division
City Council/RSA Agenda 1137 Tuesday, November 19, 2024 Appendix I: Mitigation Monitoring and Reporting Program for the Chevron/Power Market Project I-7
Mitigation Measure Monitoring /
Mitigation Timing
Reporting /
Responsible
Verification of
Compliance
Party Initials Date
recommendations based on those findings. The developer shall implement recommendations identified in the site-specific geotechnical report.

GEO-2: Paleontological Resources Mitigation
Prior to the start of construction, construction workers shall receive on-site training regarding identification of paleontological resources. If any paleontological resources are encountered during site grading or other construction activities, all ground disturbance shall be halted until the services of a qualified paleontologist can be retained to identify and evaluate the scientific value of the resource(s) and, if necessary, recommend mitigation measures to document and prevent any significant adverse effects on the resource(s). Significant paleontological resources shall be salvaged and deposited in an accredited and permanent scientific institution, such as the University of California Museum of Paleontology.

Prior to the start of
construction.

Qualified
Paleontologist,
City of Union
City Planning
Division, Project
Applicant

Prior to final project
design approval and
building permit
issuance.

City of Union
City Building
Division,
Planning
Division
GHG-2: Verification of EV Capable Parking Spaces
Prior to the final project design approval, the City shall require and verify the specification on applicable site and building plans that a minimum of 3 of the project’s 9 parking spaces would be electric vehicle (EV) capable spaces in accordance with the 2022 CALGreen definitions and 2022 CALGreen nonresidential voluntary Tier 2 requirements.

Prior to final project
design approval and
building permit
issuance.

City of Union
City Building
Division,
Planning
Division

Project
Applicant,
Union City
Environmental
Programs
Division,
Engineering
Division
City Council/RSA Agenda 1138 Tuesday, November 19, 2024 Appendix I: Mitigation Monitoring and Reporting Program for the Chevron/Power Market Project I-8
Mitigation Measure Monitoring /
Mitigation Timing
Reporting /
Responsible
Verification of
Compliance
Party Initials Date
limited to, site investigation, human health and environmental risk assessment, implementation of a health and safety plan, and remediation and/or site management controls. Any site investigation and recommendations for mitigation, as necessary, shall be completed by a qualified professional and submitted to the City.
• Construction Workers shall receive on-site training regarding the potential for previously unknown and/or residual soil or groundwater contamination to be present. Training shall be conducted by a qualified professional in hazardous materials handling. The training shall identify the appropriate steps to be taken by the contractor upon discovery of potentially contaminated material. If excavation activities are to take place in an area of known soil and/or groundwater contamination, only construction workers who are trained in OSHA’s Hazardous Waste and Emergency Response standard (HAZWOPER) shall perform this work. • In the event previously unknown and/or residual contaminated soil, groundwater, or subsurface features are encountered, work on-site shall cease immediately, and the applicant’s contractor and/or site qualified professional shall notify the Union City Planning and Environmental Programs Divisions.
• If contamination is encountered, activitiesthat involve soil disturbance or potential impacts to groundwater shall not resume on the site until the Union City Environmental Programs Division has determined further work would not pose an unacceptable human health or environmental risk, based on documentation developed by the applicant’s qualified professional and provided to the Union City Environmental Programs Division.
• Applicant shall make all required reports to regulatory agencies if possible contamination is discovered. The Union City Environmental Programs Division shall be responsible for assessing the degree of compliance and the effectiveness of risk mitigation efforts required by regulatory agencies, and reporting to the planning Division whether risks have been satisfactorily abated in accordance with the requirements of this measure.
• The City shall ensure that a Spill Prevention, Control, and Countermeasure (SPCC) plan or alternative written plan acceptable to the Union City Environmental Programs Division is prepared in order to address potential spills during the City Council/RSA Agenda 1139 Tuesday, November 19, 2024 Appendix I: Mitigation Monitoring and Reporting Program for the Chevron/Power Market Project I-9
Mitigation Measure Monitoring /
Mitigation Timing
Reporting /
Responsible
Verification of
Compliance
Party Initials Date
emptying of the on-site fuel tanks and that the plan shall include immediate response actions in the case of an accidental spill or release of potentially hazardous materials.

City of Union
City Engineering
Division
describe construction stormwater BMPs that will be implemented to minimize the migration of sediments off-site. Typical construction BMPs can include covering soil stockpiles, sweeping soil from streets or other paved areas, performing site-disturbing activities in dry periods, and planting vegetation or landscaping quickly after disturbance to stabilize soils. Other typical stormwater BMPs include erosion and sediment control measures such as wattles, covers, silt fences, installing stabilized construction entrances and/or corrugated steel plates, protecting existing curb inlets with filter fabric and sandbags in the vicinity of the project.

The applicant, depending upon the amount of new impervious areas being created or being replaced, as indicated on the Stormwater Requirements Checklist, shall demonstrate that the proposed project includes design features sufficient to capture and treat stormwater runoff, in compliance with the Municipal Regional Stormwater Permit or the applicant will City Council/RSA Agenda 1140 Tuesday, November 19, 2024 Appendix I: Mitigation Monitoring and Reporting Program for the Chevron/Power Market Project I-10
Mitigation Measure Monitoring /
Mitigation Timing
Reporting /
Responsible
Verification of
Compliance
Party Initials Date
be subject to payment of in-lieu fees.

The applicant shall execute and implement an operations and maintenance agreement (O&M) with the City to provide for the maintenance of all on-site stormwater treatment features and devices in perpetuity. The requirements stipulated in the O&M agreement shall apply to current and all future owners of the property. Prior to issuance of the certificate of occupancy, the applicant shall provide proof of recording this agreement at the Alameda County Clerk Recorder’s Office. The applicant shall submit to the Union City Public Works Department annual inspection reports with the requirements stipulated in the O&M agreement.

City Council/RSA Agenda 1141 Tuesday, November 19, 2024 Appendix I: Mitigation Monitoring and Reporting Program for the Chevron/Power Market Project I-11
This page intentionally left blank.

City Council/RSA Agenda 1142 Tuesday, November 19, 2024 Appendix I
Mitigation Monitoring and Reporting
Program
Attachment 1: Exhibit B (Mitigation Monitoring and Reporting Program) City Council/RSA Agenda 1143 Tuesday, November 19, 2024 Appendix I: Mitigation Monitoring and Reporting Program for the Chevron/Power Market Project I-2

MITIGATION MONITORING AND REPORTING PROGRAM

City Council/RSA Agenda 1144 Tuesday, November 19, 2024 Appendix I: Mitigation Monitoring and Reporting Program for the Chevron/Power Market Project I-3
This page intentionally left blank.

City Council/RSA Agenda 1145 Tuesday, November 19, 2024 Appendix I: Mitigation Monitoring and Reporting Program for the Chevron/Power Market Project I-4

MITIGATION MONITORING AND REPORTING PROGRAM
Chevron/Power Market Project
Mitigation Measure Monitoring /
Mitigation Timing
Reporting /
Responsible
Verification of
Compliance
Party Initials Date

These measures will
be included in
demolition, grading,
and building permits
for distribution to
project staff and will
be monitored
regularly during
demolition, grading,
and construction
activities.

City of Union
City Planning
Division,
Building
Division,
Engineering
Division, and
Project
Applicant
City Council/RSA Agenda 1146 Tuesday, November 19, 2024 Appendix I: Mitigation Monitoring and Reporting Program for the Chevron/Power Market Project I-5
Mitigation Measure Monitoring /
Mitigation Timing
Reporting /
Responsible
Verification of
Compliance
Party Initials Date

Encroachment into the buffer may occur at the discretion of a qualified biologist.

Any encroachment into the buffer shall be monitored by a qualified biologist to determine whether nesting birds are being impacted.

No more than 14
days prior to the
initiation of project
activities.

Qualified
Biologist, City of
Union City
Planning
Division

Qualified
Archaeologist,
City of Union
City Planning
Division
City Council/RSA Agenda 1147 Tuesday, November 19, 2024 Appendix I: Mitigation Monitoring and Reporting Program for the Chevron/Power Market Project I-6
Mitigation Measure Monitoring /
Mitigation Timing
Reporting /
Responsible
Verification of
Compliance
Party Initials Date
qualified archaeologist determines that the discovery may be of Native American origin, the Confederated Villages of Lisjan Nation and any other applicable tribes will be notified.

CUL-2: Avoid and Minimize Impacts Related to Accidental Discovery of Human Remains.

2. The project owner or their authorized representative will contact the Alameda County Coroner.

Work will be suspended in the area of the find until the City approves the proposed treatment of human remains.

Immediately upon
discovery of human
remains.

Qualified
Archaeologist,
City of Union
City Planning
Division

GEOLOGY AND SOILS
GEO-1: Site-Specific Geotechnical Investigation
Prior to the issuance of final demolition and construction permits for the project, a geotechnical firm with local expertise in geotechnical investigation shall prepare a sitespecific geotechnical report. The report shall be prepared by a California-licensed geotechnical engineer or engineering geologist and be submitted to the Union City Building Department for approval prior to issuance of final permits for demolition and construction. This report shall be based on data collected from subsurface exploration, laboratory testing of samples of surface mapping, and address the potential for surface fault rupture, ground shaking, slope failure, and expansive soils and make Prior to the issuance
of demolition and
construction permits
for the project.

Californialicensed
geotechnical
engineer or
engineering
geologist, City
of Union City
Building
Division
City Council/RSA Agenda 1148 Tuesday, November 19, 2024 Appendix I: Mitigation Monitoring and Reporting Program for the Chevron/Power Market Project I-7
Mitigation Measure Monitoring /
Mitigation Timing
Reporting /
Responsible
Verification of
Compliance
Party Initials Date
recommendations based on those findings. The developer shall implement recommendations identified in the site-specific geotechnical report.

Prior to the start of
construction.

Qualified
Paleontologist,
City of Union
City Planning
Division, Project
Applicant

Prior to final project
design approval and
building permit
issuance.

City of Union
City Building
Division,
Planning
Division

Project
Applicant,
Union City
Environmental
Programs
Division,
Engineering
Division
City Council/RSA Agenda 1149 Tuesday, November 19, 2024 Appendix I: Mitigation Monitoring and Reporting Program for the Chevron/Power Market Project I-8
Mitigation Measure Monitoring /
Mitigation Timing
Reporting /
Responsible
Verification of
Compliance
Party Initials Date
limited to, site investigation, human health and environmental risk assessment, implementation of a health and safety plan, and remediation and/or site management controls. Any site investigation and recommendations for mitigation, as necessary, shall be completed by a qualified professional and submitted to the City.
• Construction Workers shall receive on-site training regarding the potential for previously unknown and/or residual soil or groundwater contamination to be present. Training shall be conducted by a qualified professional in hazardous materials handling. The training shall identify the appropriate steps to be taken by the contractor upon discovery of potentially contaminated material. If excavation activities are to take place in an area of known soil and/or groundwater contamination, only construction workers who are trained in OSHA’s Hazardous Waste and Emergency Response standard (HAZWOPER) shall perform this work. • In the event previously unknown and/or residual contaminated soil, groundwater, or subsurface features are encountered, work on-site shall cease immediately, and the applicant’s contractor and/or site qualified professional shall notify the Union City Planning and Environmental Programs Divisions.
• If contamination is encountered, activitiesthat involve soil disturbance or potential impacts to groundwater shall not resume on the site until the Union City Environmental Programs Division has determined further work would not pose an unacceptable human health or environmental risk, based on documentation developed by the applicant’s qualified professional and provided to the Union City Environmental Programs Division.
• Applicant shall make all required reports to regulatory agencies if possible contamination is discovered. The Union City Environmental Programs Division shall be responsible for assessing the degree of compliance and the effectiveness of risk mitigation efforts required by regulatory agencies, and reporting to the planning Division whether risks have been satisfactorily abated in accordance with the requirements of this measure.
• The City shall ensure that a Spill Prevention, Control, and Countermeasure (SPCC) plan or alternative written plan acceptable to the Union City Environmental Programs Division is prepared in order to address potential spills during the City Council/RSA Agenda 1150 Tuesday, November 19, 2024 Appendix I: Mitigation Monitoring and Reporting Program for the Chevron/Power Market Project I-9
Mitigation Measure Monitoring /
Mitigation Timing
Reporting /
Responsible
Verification of
Compliance
Party Initials Date
emptying of the on-site fuel tanks and that the plan shall include immediate response actions in the case of an accidental spill or release of potentially hazardous materials.

The applicant, depending upon the amount of new impervious areas being created or being replaced, as indicated on the Stormwater Requirements Checklist, shall demonstrate that the proposed project includes design features sufficient to capture and treat stormwater runoff, in compliance with the Municipal Regional Stormwater Permit or the applicant will City Council/RSA Agenda 1151 Tuesday, November 19, 2024 Appendix I: Mitigation Monitoring and Reporting Program for the Chevron/Power Market Project I-10
Mitigation Measure Monitoring /
Mitigation Timing
Reporting /
Responsible
Verification of
Compliance
Party Initials Date
be subject to payment of in-lieu fees.

City Council/RSA Agenda 1152 Tuesday, November 19, 2024 Appendix I: Mitigation Monitoring and Reporting Program for the Chevron/Power Market Project I-11
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City Council/RSA Agenda 1153 Tuesday, November 19, 2024

Page 1 of 3 ends

RESOLUTION NO. XXXX-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING GENERAL PLAN AMENDMENT (AG-24-002) TO
REDESIGNATE THE PROPERTY AT 31300 ALVARADO-NILES ROAD
(APN 463-0104-006-00) FROM REGIONAL RETAIL COMMERCIAL TO

RETAIL COMMERCIAL ON THE GENERAL PLAN LAND USE

DIAGRAM AND UPDATE RELATED FIGURES TO ENSURE INTERNAL

CONSISTENCY
WHEREAS, by Resolution No. 5549-19, duly adopted by the City Council of Union City on December 10, 2019, there were adopted documents consisting of text, maps, and charts entitled Union City 2040 General Plan, dated December 10, 2019, which included the reports in support thereof as the Union City General Plan; and
WHEREAS, Samir Hijazi of Archissance, on behalf of H & S Energy Products, LLC, is requesting General Plan Amendment (AG-24-002), Zoning Map Amendment (A-24-002), Use Permit (UP-24-005) and Site Development Review (SD-24-007) approvals to demolish an existing service station, construct a new 2,875 square-foot canopy over four (4) fuel dispensing islands, and a 2,375 square-foot convenience store and related improvements including updates to the connection to the adjacent Union City Transit Center located at 32080 Union Landing Boulevard, hereinafter referred to as the “Project”; and
WHEREAS, the Project site consists of 21,902 Square Feet (0.502 Acres) (“Property”) and is located at 31300 Alvarado-Niles Road (APN: 463-0104-006-00); and WHEREAS, the Project site has a General Plan designation of Regional Retail Commercial and a Zoning designation of Union Landing Commercial (CUL); and WHEREAS, the applicant has applied for a General Plan Amendment (AG-24-002) to redesignate the Project site from Regional Retail Commercial to Retail Commercial on the General Plan Land Use Diagram and update related exhibits to ensure internal consistency within the General Plan and with the Zoning Map amendment, which will amend the Zoning Map designation at the Project site from CUL to Community Commercial (CC), where service stations and gas station marketeers are a conditionally permitted use; and WHEREAS, the updates to the General Plan are contained in Exhibit A, attached hereto and made part hereof; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration was prepared for the Project, which determined the Project would not result in any significant impacts with the incorporation of mitigation measures; and WHEREAS, the City provided notification to California Native American tribes consistent with Government Code § 65352.3 (SB 18) and received a comment from a representative of the Confederated Villages of Lisjan Nation requesting a copy of technical reports and records searches related to the Project; a response was provided August 23, 2024, and included all documentation requested; and
City Council/RSA Agenda 1154 Tuesday, November 19, 2024 Resolution No. XXXX-24
AG-24-002 Chevron/Power Market Project

Page 2 of 3 ends

WHEREAS, the City provided notification to local and regional agencies/entities consistent with Government Code §65352 and received feedback, which is summarized and attached to the Planning Commission staff report prepared for the project dated October 17, 2024 incorporated herein by reference; and
WHEREAS, a publicly noticed study session on the Project was held by the Planning Commission on September 19, 2024. The staff report and attachments are incorporated herein by reference; and
WHEREAS, pursuant to Section 65353 of the Government Code, the Planning Commission held a duly noticed public hearing on the Project on October 17, 2024, at which time all interested parties had the opportunity to be heard. The Planning Commission reviewed and considered the Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program, and a staff report dated October 17, 2024, incorporated herein by reference, and all written and oral testimony; and
WHEREAS, the Planning Commission adopted Resolution No. 11-24, recommending the City Council adopt the Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program making all required findings in compliance with the requirements of CEQA; and
WHEREAS, the Planning Commission adopted Resolution No. 12-24 recommending the City Council approve General Plan Amendment AG-24-002, Resolution No. 13-24 recommending the City Council adopt an ordinance for Zoning Map Amendment A-24-002, and Resolution No. 14-24 recommending the City Council approve Use Permit (UP-24-005) and Site Development Review (SD-24-007); and
WHEREAS, on November 19, 2024, at a duly advertised public hearing, and special meeting, the City Council of the City of Union City considered the Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program incorporated herein by reference, General Plan Amendment (AG-24-002) and associated Project entitlements prepared for the Project, , at which time all interested parties had the opportunity to be heard. The City Council considered a staff report dated November 19, 2024, and all other recommendations, reports and testimony before making a decision on the project; and
WHEREAS, the City Council adopted Resolution XXXX-24, dated November 19, 2024, and incorporated herein by reference, adopting the Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program making all required findings in compliance with the requirements of CEQA.

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 City Council of the City of Union City hereby approves General Plan Amendment, AG-24-002, to amend the General Plan as contained in Exhibit A and does hereby find as follows:

Page 3 of 3 ends

goals and policies of the General Plan. The proposed General Plan amendment will ensure consistency with the proposed Zoning Map amendment, which is required for the service station reconstruction project since service stations and gas station marketeers are not allowed in the CUL Zoning District. The General Plan amendment will also facilitate consistency between the site’s General Plan designation and historic/current use of the property.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a special meeting held on the 19th day of November 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

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

THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments:

1. Exhibit A – General Plan Updates
City Council/RSA Agenda 1156 Tuesday, November 19, 2024 -Civic Facility
-Open Space
-Regional Retail Commercial
0 125 250
Existing Union City 2040
General Plan
Designations
-Residential (10 - 17 du/ac)
Residential (3 - 6 du/ac)
-Retail Commercial
N
500 Feet A
Attachment 2: Exhibit A (General Plan Amendment)
City Council/RSA Agenda 1157 Tuesday, November 19, 2024 -Civic Facility
-Open Space
-Regional Retail Commercial
0 125 250
Proposed Union City
2040 General Plan
Designations
-Residential (10 - 17 du/ac)
Residential (3 - 6 du/ac)
-Retail Commercial
N
500 Feet A
City Council/RSA Agenda 1158 Tuesday, November 19, 2024 Existing Figure SA-1:

Special Areas
City Council/RSA Agenda 1159 Tuesday, November 19, 2024 1111 Calaveras Landing
1111 Decoto
Four Corners
1111 Historic Alvarado
1111 Horner/Veasy Area
Proposed Figure
SA-1: Special Areas
IIII Mission Boulevard
Corridor
1111 Station District
1111 Union City Boulevard
r��j City Limits
111 BART
Ill Rail
1111 Union Landing N
o
�-�--
o
�
.7-5
_ ___._ _ _____.1.5 Miles A
City Council/RSA Agenda 1160 Tuesday, November 19, 2024 Existing Figure SA-12.1:

Union Landing General
Plan Land Use
City Council/RSA Agenda 1161 Tuesday, November 19, 2024 Proposed Figure SA-12.1:

Union Landing General
Plan Land Use
[��J City Limits
Civic Facility
- Regional Retail
Commercial
0 250 500 Feet
City Council/RSA Agenda 1162 Tuesday, November 19, 2024 Existing Figure SA-12.2:

Union Landing Commercial
Development Type SubAreas
City Council/RSA Agenda 1163 Tuesday, November 19, 2024 Proposed Figure SA-12.2:

Union Landing
Commercial Development
Type Sub-Areas
•-• I ,- • I c·ty L. 1ml S ·t
-cc
�QC N
-SRC !
�SRSC Jl4..
0 250 500 Feet
City Council/RSA Agenda 1164 Tuesday, November 19, 2024

Page 1 of 3 ends

ORDINANCE NO. XXX-24

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION
CITY ADOPTING ZONING MAP AMENDMENT (A-24-002) TO REZONE THE PROPERTY AT 31300 ALVARADO NILES ROAD (APN 463-0104- 006-00) FROM UNION LANDING COMMERCIAL (CUL) TO

COMMUNITY COMMERCIAL (CC) FOR THE CHEVRON/POWER

MARKET PROJECT
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 Ordinance currently regulates all development within the City; and
WHEREAS, Samir Hijazi of Archissance, on behalf of H & S Energy Products, LLC, is requesting General Plan Amendment (AG-24-002), Zoning Map Amendment (A-24-002), Use Permit (UP-24-005) and Site Development Review (SD-24-007) approvals to demolish an existing service station, construct a new 2,875 square-foot canopy over four (4) fuel dispensing islands, and a 2,375 square-foot convenience store and related improvements including updates to the connection to the adjacent Union City Transit Center located at 32080 Union Landing Boulevard, hereinafter referred to as the “Project”; and
WHEREAS, the Project site consists of 21,902 Square Feet (0.502 Acres) (“Property”) and is located at 31300 Alvarado-Niles Road (APN: 463-0104-006-00); and WHEREAS, the applicant has applied for Zoning Map Amendment (A-24-002) to amend the Zoning Map designation of the Project site from Union Landing Commercial (CUL) to Community Commercial (CC), where service stations and gas marketeers are a conditionally permitted use. To ensure consistency with the Zoning Map amendment, a General Plan Amendment (AG-24-002) is also proposed to update the General Plan Land Use diagram from Regional Retail Commercial to Retail Commercial and to ensure internal consistency with other General Plan figures; and
WHEREAS, the proposed amendment to the Zoning Map is shown in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration was prepared for the Project, which determined the Project would not result in any significant impacts with the incorporation of mitigation measures; and WHEREAS, a publicly noticed study session on the Project was held by the Planning Commission on September 19, 2024. The staff report and attachments are incorporated herein by reference; and

PLANNING COMMISSION REVIEW
WHEREAS, pursuant to Section 65353 of the Government Code, the Planning Commission held a duly noticed public hearing on the Project on October 17, 2024, at which time all interested parties had the opportunity to be heard. The Planning Commission reviewed and considered the Mitigated Negative Declaration and associated Mitigation Monitoring and City Council/RSA Agenda 1165 Tuesday, November 19, 2024 Ordinance No. XXX-24
Zoning Map Amendment for 31300 Alvarado Niles Road

Page 2 of 3 ends

Reporting Program, and a staff report dated October 17, 2024, incorporated herein by reference, and all written and oral testimony; and
WHEREAS, the Planning Commission adopted Resolution No. 11-24, recommending the City Council adopt the Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program, making all required findings in compliance with the requirements of CEQA; and
WHEREAS, the Planning Commission adopted Resolution No. 12-24 recommending the City Council approve General Plan Amendment AG-24-002, Resolution No. 13-24 recommending the City Council adopt an ordinance for Zoning Map Amendment A-24-002, and Resolution No. 14-24 recommending the City Council approve Use Permit (UP-24-005) and Site Development Review (SD-24-007); and

CITY COUNCIL REVIEW
WHEREAS, the City Council held a duly noticed public hearing on the proposed amendment at a special meeting on November 19, 2024, at which time all interested parties had the opportunity to be heard. The City Council considered a staff report dated November 19, 2024 (including background reports), incorporated herein by reference, the Planning Commission recommendation, and all written and oral testimony before taking action.

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. The City Council adopted Resolution XXXX-24, dated November 19, 2024,and incorporated herein by reference, adopting a Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program for the project and which reflects the City's independent judgment and analysis, has been completed in compliance with the requirements of the California Environmental Quality Act and, on the basis of the whole record, there is no substantial evidence that the project as mitigated 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 City Council adopted Resolution XXXX-24, dated November 19, 2024, and incorporated herein by reference, approving General Plan Amendment (AG-24-002) to redesignate the subject site from Regional Retail Commercial to Retail Commercial on the General Plan Land Use Diagram and update related figures for consistency. The proposed Zoning Map Amendment is consistent with the General Plan designation of Retail Commercial for the subject site; and

2. The proposed Zoning Map Amendment is necessary and desirable to achieve the purposes of Title 18 because the amendment achieves consistency with the General Plan Land Use Designation of Retail Commercial for the subject site and is supported by the Land Use Element of the General Plan.

City Council/RSA Agenda 1166 Tuesday, November 19, 2024 Ordinance No. XXX-24
Zoning Map Amendment for 31300 Alvarado Niles Road

Page 3 of 3 ends

SECTION 4. Approval. The City Council hereby approves the amendment to the City’s Official Zoning Map, labeled Exhibit A, which is incorporated herein by reference and available for review in the City Clerk’s office during normal business hours.

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

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 26th day of November 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

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

THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments:

1. Exhibit A – Zoning Map Amendment
City Council/RSA Agenda 1167 Tuesday, November 19, 2024 Attachment 3: Exhibit A
(Zoning Map Amendment)
Existing Zoning Districts
-OS
-CN RS 6000
-CUL - RM 2500
N
0 125 250 500 Feet A City Council/RSA Agenda 1168 Tuesday, November 19, 2024 -OS -CUL
-CN -CF
-cc RS 6000
0 125 250
Proposed Zoning
Map Amendment
- RM 2500
N
500 Feet ..._____.___...._____.___....______._______, A City Council/RSA Agenda 1169 Tuesday, November 19, 2024

Page 1 of 18 ends

RESOLUTION NO. XXXX-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UNION CITY APPROVING USE PERMIT (UP-24-005) AND
SITE DEVELOPMENT REVIEW (SD-24-007) FOR THE

CHEVRON/POWER MARKET PROJECT
WHEREAS, Samir Hijazi of Archissance, on behalf of H & S Energy Products, LLC, is requesting General Plan Amendment (AG-24-002), Zoning Map Amendment (A-24-002) Use Permit (UP-24-005) and Site Development Review (SD-24-007) approvals to demolish an existing service station, construct a new 2,875 square-foot canopy over four (4) fuel dispensing islands, and a 2,375 square-foot convenience store and related improvements including updates to the connection to the adjacent Union City Transit Center located at 32080 Union Landing Boulevard, hereinafter referred to as the “Project”; and
WHEREAS, the Project site consists of 21,902 Square Feet (0.502 Acres) (“Property”) and is located at 31300 Alvarado-Niles Road (APN: 463-0104-006-00); and WHEREAS, pursuant to Section 18.36.030(B) of the Union City Municipal Code (UCMC), service stations and gas station marketeers are classified as a conditional use permitted within the Community Commercial (CC) zoning district, thereby requiring the issuance of a Use Permit for the establishment of such use pursuant to the provisions of UCMC Chapter 18.56; and WHEREAS, the Project proposes substantial site improvements, as detailed in Exhibit A, attached hereto and made a part hereof, which require Site Development Review approval pursuant to UCMC Section 18.76.020; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), a draft Mitigated Negative Declaration was prepared for the Project, which determined the Project would not result in any significant impacts with the incorporation of mitigation measures; and WHEREAS, a publicly noticed study session on the Project was held by the Planning Commission on September 19, 2024. The staff report and attachments are incorporated herein by reference; and
WHEREAS, pursuant to Section 65353 of the Government Code, the Planning Commission held a duly noticed public hearing on the Project on October 17, 2024, at which time all interested parties had the opportunity to be heard. The Planning Commission reviewed and considered the Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program, and a staff report dated October 17, 2024, incorporated herein by reference, and all written and oral testimony; and
WHEREAS, the Planning Commission adopted Resolution No. 11-24, recommending the City Council adopt the Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program making all required findings in compliance with the requirements of CEQA; and WHEREAS, the Planning Commission adopted Resolution No. 12-24 recommending the City Council approve General Plan Amendment AG-24-002, Resolution No. 13-24 recommending the City Council adopt an ordinance for Zoning Map Amendment A-24-002, and Resolution No. 14- 24 recommending the City Council approve Use Permit (UP-24-005) and Site Development Review (SD-24-007); and
City Council/RSA Agenda 1170 Tuesday, November 19, 2024 Resolution No. XXXX-24
UP-24-005, SD-24-007
Chevron/Power Market Project

Page 2 of 18 ends

WHEREAS, the City Council adopted Resolution No. XXXX-24, dated November 19, 2024 and incorporated herein by reference, adopting the Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program making all required findings in compliance with the requirements of CEQA; and
WHEREAS, the City Council adopted Resolution No. XXXX-24, dated November 19, 2024 and incorporated herein by reference, approving General Plan Amendment (AG-24-002), and NOW THEREFORE, BE IT RESOLVED, that the City Council of Union City does hereby find as follows:

Use Permit

1. That the location of the use, as conditioned, is in accord with the purpose of Title 18 of the Municipal Code and with the purpose of the CC Zoning District, because it will continue an existing service station use that serves the people of Union City, offering a new and expanded convenience store, fueling canopy, and electric vehicle charging stations. The new service station will be conveniently located adjacent to the City’s primary regional shopping destination, Union Landing, as well as near other commercial and residential uses; and

2. That the location of the use, as conditioned, will not be detrimental to the public health, safety, welfare, or materially injurious to properties within the vicinity. The project has been designed to minimize impacts to the adjacent properties and is conditioned to require submittal of security and lighting plans for review by the City, including Police Department staff. Additionally, the project will adhere to the Mitigation Monitoring and Reporting Program ensuring that all potential environmental impacts will remain less than significant per the thresholds established in the CEQA Guidelines, all required conditions of approval from the City, and responsible agencies’ requirements pertaining to public health, safety, and welfare; and

3. The use is generally consistent with the subject property's proposed General Plan designation of Retail Commercial, which allows for various community-serving retail uses.

The service station use, as conditioned, will comply with provisions of the Municipal Code including all applicable provisions of Title 18. There are no applicable specific plans; and Site Development Review

4. That the project is generally consistent with the subject property's proposed General Plan designation of Retail Commercial, which allows for various community-serving retail uses.

In addition, the project is consistent with General Plan Policy CD-1.1 Improve the City Image, CD-1.6 Crime Prevention Through Environmental Design, and RC-6.1 Reduced Energy Consumption. The project will provide an attractive new site design with structures with updated architecture and materials designed to complement the buildings in the vicinity, including on the lot east and adjacent (the iFly) and new landscaping at one of the City’s major intersections, which is also at a primary entry to the Union Landing Shopping Center; the project also provides a site design to prevent crime through the use well-lit City Council/RSA Agenda 1171 Tuesday, November 19, 2024 Resolution No. XXXX-24
UP-24-005, SD-24-007
Chevron/Power Market Project

Page 3 of 18 ends

spaces and readily visible pedestrian accesses. Further, the project will feature electric vehicle (EV) charging stations, which will reduce consumption of sources of energy that release greenhouse gases that are harmful to the environment. There are no applicable specific plans; and

5. That the project, as conditioned, is consistent with the purpose of Title 18, which seeks to promote and protect the public health, safety, morals, comfort, convenience, and the general welfare of the people; the proposed project, as conditioned, is consistent with the applicable requirements for the CC Zoning District; and

6. The project is consistent with the purpose of Site Development Review as it would result in an expanded new convenience store with an updated and modern architectural design, a new trash enclosure finished to match the new convenience store, electric vehicle (EV) charging stations at parking spaces, and other site improvements such as new landscaping and new ADA accessible pedestrian connection to the Union Landing Transit Center.

BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby approves Use Permit (UP-24-005) and Site Development Review (SD-24-007), as set forth in Exhibit A, and based upon the following conditions of approval:

PLANNING DIVISION
General

1. All actual site improvements shall be made with adherence to the plans, listed in Exhibit A, except as they may be modified by other conditions of approval listed below. Any variation or modification from the approved plans are subject to the review and approval of the Economic and Community Development Department.

2. This application shall expire one year from the date of City Council approval unless building permits have been issued and construction diligently pursued.

3. The applicant and/or property owner shall include an annotated copy of the approved City Council Resolution for Use Permit (UP-24-005) and Site Development Review (SD-24- 007) with each set of detailed construction plans submitted for plan check review.

Notations to the plans shall be made to clearly indicate how all conditions of approval will be or have been complied with. Construction plans shall not be accepted without the annotated final conditions of approval included as a note sheet with each set of plans.

4. Prior to grading permit issuance, the applicant and/or property owner shall be required to pay the cost for implementation of the Mitigation Monitoring and Reporting Program for the Chevron/Power Market project, including any required monitoring costs.

5. The applicant and/or property owner shall apply for and take out all required building and fire permits prior to beginning any on-site work. Plans submitted to the Building Division and Fire Department must demonstrate compliance with all applicable local and state requirements.

City Council/RSA Agenda 1172 Tuesday, November 19, 2024 Resolution No. XXXX-24
UP-24-005, SD-24-007
Chevron/Power Market Project

Page 4 of 18 ends

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

Building Materials and Finishes

7. Prior to the issuance of building permits, the applicant and/or property owner shall submit samples and details of color palettes and all exterior materials, including but not limited to roof materials, siding materials, metalwork, exterior doors and windows, and exterior lighting fixtures for review and approval by the Economic & Community Development Department. The color samples shall be provided and include paint and material schemes to be used for the project with full-size brush-outs as opposed to paint chips. Color swatches shall also be painted on the buildings on site for review and approval by the Economic and Community Development Department prior to full painting. The applicant shall use an integral color coat for the final color coat on all stucco walls. Any future amendments or changes to the approved painting schemes shall be submitted to the Economic and Community Development Department for approval prior to the repainting of any buildings or structures on site.

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

Landscaping

9. Prior to the issuance of building permits, the applicant and/or property owner shall submit a final landscape package, which is consistent with the preliminary landscape package except as may be modified by the following requirements, other project conditions of approval, and/or by feedback from the City’s consulting Landscape Architect. The landscape package shall also be consistent with Chapter 18.112, Water Efficient Landscape, of the Municipal Code and the Landscape Standards Policy Statement. The final landscape plan will be subject to review and approval by the City’s consulting Landscape Architect. Additional fees for consultant’s review and inspection are required to be paid with the building permit fees. A final inspection of the installed landscaping and irrigation shall be completed prior to the issuance of the Certificate of Occupancy. a. Trees shall be 24” box size.
b. The applicant and/or property owner shall be responsible for maintaining all irrigation and landscaping and shall replace any dead or dying vegetation on the entire site for the life of the project.

10. The applicant and/or property owner shall provide a cash deposit equal to 50% of the estimated installation cost of the landscaping, up to $10,000.00, in order to ensure the installation of the planting shown on the approved landscape plan. The required deposit shall be submitted to the Economic and Community Development Department prior to the issuance of building permits. The project landscaping shall be installed and inspected, City Council/RSA Agenda 1173 Tuesday, November 19, 2024 Resolution No. XXXX-24
UP-24-005, SD-24-007
Chevron/Power Market Project

Page 5 of 18 ends

pursuant to the above-stated requirements, prior to issuance of a Certificate of Occupancy for the building.

Fees

11. Prior to issuance of building permit, the applicant/property owner shall pay all applicable fees that are in effect at the time of building permit issuance.

12. Prior to issuance of building permits, the applicant and/or property owner shall pay the General Plan Cost Recovery Fee in effect at the time of building permit issuance. The current fee is $1.00 per $1,000.00 of construction valuation per City Council Resolution Number 3379-07.

Miscellaneous

13. Prior to issuance of building permits, the applicant/property owner shall submit a photometric/lighting plan that reflects a minimum of 1.5 candle lighting level on the project site (including the area behind the proposed convenience store) and on the Union City Transit Center between the existing Gateway arch (to be closed) and the new Gateway feature. Lighting fixtures shall be fitted with glare shields to minimize overflow of lighting onto adjacent properties. Lighting fixture design shall require review and approval by the Economic and Community Development Department and he Union City Police Department. The applicant/property owner shall ensure that the existing light pole fixtures are fully functioning and any fixtures that need to be replaced are fitted with LED fixtures.

Approved photometric plan shall be included in building permit submittal.

14. Prior to issuance of building permits, in conformance with the provisions listed in Chapter

12.40 Art In Public Places Program, the applicant/property owner shall submit a proposal for on-site public art for review by Planning Division staff and approval by the Arts and Culture Committee or pay an in-lieu fee.

15. Prior to issuance of the building permit, applicant/property owner shall submit a detailed security plan for review and approval by the Union City Police Department and Planning Division.

16. Prior to final approval of the project, applicant/property owner shall have implemented the Metropolitan Transportation Commission’s Clipper transit card. Contact Steve Adams Steve, Transit Manager, City of Union City, phone 510.675.5446 or email [email protected].

BUILDING DIVISION
For assistance complying with requirements for the Building Division, please contact Chief Building Official, Chuck Venook, (510) 675-5314, email: [email protected].

City Council/RSA Agenda 1174 Tuesday, November 19, 2024 Resolution No. XXXX-24
UP-24-005, SD-24-007
Chevron/Power Market Project

Page 6 of 18 ends

17. The applicant/property owner shall maintain all public and exterior private improvements in compliance with the Americans with Disabilities Act (ADA).

18. Any construction shall fully comply with the Building Standard Codes in effect at the time of building permit issuance.

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

20. The applicant/property owner shall maintain the property to be free of litter, weeds, debris, etc., both before and after issuance of building permits. Daily litter and debris collection rounds shall be conducted on the site and an adequate number of trash receptacles shall be provided to minimize litter accumulation.

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

FIRE DEPARTMENT
For assistance complying with requirements for fire prevention and safety, please contact Bonnie S. Terra, Division Chief, Alameda County Fire, 925-833-3473 ext. 1210, email:

[email protected].

22. Plans must meet building and fire codes adopted at time of the building plan submittal.

23. Structures will need to be equipped with fire sprinklers as required by local ordinance. The applicant/property owner must have a licensed C-16 contractor design a sprinkler system for structures and submit the design set and plans for review and approval to the City of Union City for review. New fire sprinkler systems will require new services, which must be installed by ACWD forces from the main to the system side of the backflow prevention device at the expense of the applicant/property owner. If there are water constraints, applicant/property owner shall pay for any necessary upgrades to the ACWD system. Prior to building permit issuance, the applicant/property owner must show the new sprinkler system on the plans submitted for building permits. They may be noted as a deferred submittal.

PUBLIC WORKS DEPARTMENT
For assistance complying with requirements for public works, please contact City Engineer, Farooq M. Azim, (510) 675-5368, email: [email protected].

24. The applicant/property owner shall secure an encroachment permit from the Public Works Department for all work in the public right-of-way. The applicant shall be responsible for any repairs required adjacent to the development, including paving, curbs and gutters, City Council/RSA Agenda 1175 Tuesday, November 19, 2024 Resolution No. XXXX-24
UP-24-005, SD-24-007
Chevron/Power Market Project

Page 7 of 18 ends

sidewalks, driveways and streetlights, or installation of same where not existing, as required by the City Engineer.

25. The applicant/property owner shall apply for an Encroachment Permit, pay a fee and post a Bond for all work in the public right-of-way, including trenching, roadwork and concrete, etc.

26. The applicant/property owner shall pay all Public Works Department fees such as Plan Check & Inspection fees, Grading Permit Fee (and associated bonds), Encroachment Permit fee (for any work in the public right-of-way). Except for the Encroachment Permit fee, all other fees shall be paid prior to the issuance of the Grading Permit.

27. The applicant shall provide a detailed breakdown of the engineer’s estimate for all on-site work including site demolition, grading, storm drainage facilities, Stormwater treatment facilities, paving, sidewalk, curb & Gutter, ramps, concrete items, lighting and landscaping.

The Plan Check & Inspection Fees will be based upon this estimate.

28. The applicant shall apply for a Grading Permit, pay a fee and post a Grading Permit Bond, which will be based upon the final estimate of the amount of cubic yards of dirt estimated to be moved, including cut, fill and import, etc.

29. Grading Permit submittal shall clarify the areas where new asphalt pavement is being installed. Any existing pavement must be slurry sealed prior to restriping the parking lot.

30. The applicant/property owner shall complete a Stormwater Requirements Checklist (C.3 Checklist) and submit it for review with the Grading Permit submittal. The checklist may be obtained by contacting Farooq Azim, City Engineer at his contact listed above.

31. Grading permit submittal shall clearly identify any pavement areas that are being removed and replaced and those that are currently landscaping/dirt and will be changed to impervious areas, such as for the new structures, pavement or walkways, etc. This information shall also be reflected in the Stormwater Requirements Checklist.

32. Grading Permit submittal shall identify where any required stormwater treatment measures are being installed on the site and include the calculations that demonstrate that at least the minimum required size of the facility was installed. Plans shall show grades on the site which will allow the drainage to enter the treatment facility.

33. If the stormwater treatment measures are installed, the applicant/property owner will need to enter into a storm water treatment measures maintenance agreement with the City of Union City assuring both the responsibility for the post-construction operation and maintenance (O&M) of the treatment measure (bioretention basins) and the access by public agency personnel strictly for the purpose of O&M verification. A blank O&M Agreement is available from the Public Works Department for applicant’s use.

34. The applicant/property owner shall show all existing and proposed utilities on the Grading Permit submittal.

City Council/RSA Agenda 1176 Tuesday, November 19, 2024 Resolution No. XXXX-24
UP-24-005, SD-24-007
Chevron/Power Market Project

Page 8 of 18 ends

35. In order to prevent trash from entering the public storm drainage system, the applicant/property owner shall install full trash capture devices (TCD), as approved by the City Engineer, at all new or existing storm drain inlets (curb inlets) located along the perimeter of the development in the public right-of-way. Any proposed storm drainage inlets on site shall also be fitted with the appropriate Contact the Public Works Department to determine approved TCD model. Show location(s) of TCD on Grading Permit submittal.

36. Prior to issuance of grading and building permits, the applicant/property shall provide a plan showing the new Gateway feature, path, and any related improvements from the project site to the Union City Transit Center for review and approval by Public Works Department, Transit Division, Building Division and Planning Division staff. Plans shall address the following:
 Existing Gateway Arch shall be filled in to match design of adjacent bus stop to ensure architectural consistency. Chain rope in this area shall also be repaired to original condition.
 A new Gateway feature shall be installed in the location of the new ADA connection to the Union City Transit Center, which shall be consistent with the architectural theme of the Union City Transit Center. Gateway feature shall be similar in massing to the existing Gateway arch to the extent feasible. The siting of the new Gateway feature may require relocation of the existing light pole and replacement of the existing tree.
 The applicant shall ensure that the proposed design of the pathway meets ADA requirements and allows for a safe and direct path to cross the bus bays in the Unio City Transit Center. To assist the applicant in meeting this requirement, the City has retained the services of a Certified Access Specialist (CASp) expert whose guidance should be used as a reference when designing the ADA access path. The applicant shall be responsible for reimbursing the City for the cost of this service.  Plans shall show details of directional signage to and from the Union City Transit Center. This could be accomplished by adding wording to the Gateway feature.

37. Due to the orientation of the trash/recycling enclosure, solid waste, recycling and organics recycling bins will need to be pulled out to be serviced. Applicant/property owner shall be responsible for working with the franchisees to implement “push /pull’ service to ensure that bins are not left out longer than necessary due to proximity of the enclosure to the onsite driveway.

39. Construction activity on-site shall comply with Section 9.40.053 of the Union City Municipal Code, and is limited to the following hours:

City Council/RSA Agenda 1177 Tuesday, November 19, 2024 Resolution No. XXXX-24
UP-24-005, SD-24-007
Chevron/Power Market Project

Page 9 of 18 ends

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

Saturday - 9:00 a.m. to 8:00 p.m. (If permitted)
Sundays & Holidays - 10:00 a.m. to 6:00 p.m. (If permitted)

40. The applicant shall ensure that contractors comply with the hours of work noted above. In addition, due to the location of the project site at a busy intersection, construction traffic activities that could impact traffic movement shall be limited to the non-commute hours of between 9am and 3:30 pm.

41. The applicant shall maintain a program of dust control, to the satisfaction of the Public Works Director, to prevent air pollution as well as discomfort or damage to adjacent properties. The dust control program shall include the following Best Management Practices recommended by the Bay Area Air Quality Management District:

A. Water all active construction areas at least twice daily.

B. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard.

C. Apply water three times daily to all unpaved areas on the site or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites.

D. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites.

E. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets.

42. Stormwater Post-Construction Best Management Practices A. All condensate drainage shall be routed to sanitary sewer. This shall include, but is not limited to chiller and HVAC condensate, cooling tower and boiler discharges, air compressor condensate, de-ionized water softening units, etc. Compressors: Air or liquid lines contaminated with oil/hydrocarbons shall drain to sanitary sewer.

These activities shall be clearly delineated in the plans and specifications submitted for building permits.

B. Metal roofs, including galvanized, shall be coated and/or treated to minimize runoff of metallic materials and salts. Lead and copper materials or solders shall not be used.

C. Paved outdoor storage, staging, or lay down areas shall be designed to limit the potential for storm water runoff to contact pollutants. Bulk materials stored outdoors shall be covered.

D. Landscaping shall be designed with efficient irrigation practices to reduce runoff, promote surface infiltration, and to minimize the need for fertilizers and pesticides.

All landscaping shall be properly maintained.

E. Sidewalks, parking lots, driveways and other paved areas under private ownership/management shall be regularly swept to prevent the accumulation of City Council/RSA Agenda 1178 Tuesday, November 19, 2024 Resolution No. XXXX-24
UP-24-005, SD-24-007
Chevron/Power Market Project

Page 10 of 18 ends

litter and debris. If water is used, it shall be collected, along with any debris before entering the storm drain system. Discharge of wash waters from parking lots, sidewalks, etc. to the sanitary sewer system requires the approval of the Union Sanitary District.

F. The property owner and/or applicant is responsible for cleaning storm drains and catch basins that are located on private property at least three times each year, once prior to the rainy season (before October 1st), once in January, and once in May.

The Public Works Department may require additional cleaning as warranted.

Maintenance and cleaning records shall be maintained at the site.

G. On-site storm drain inlets shall be labeled “No Dumping - Drains to Bay” using a stencil approved by the Public Works Department.

Stormwater-“During Construction” Best Management Practices. The following Best Management Practices (BMPs) relating to construction site controls shall be implemented during construction activities. These best management practices shall be shown as notes on the approved grading and building permit plan sets.

I. The applicant shall ensure that concrete supply trucks or concrete/plaster and finishing operations discharge washout water into a designated cleanout area, designed to prevent pollutants from entering the storm water and/or sanitary sewer system.

J. Discharge restrictions shall also apply to the operation of general construction machinery including masonry cutting equipment, and the washing of tools, brushes, containers, etc. These operations shall not be performed in the street, gutter, or where pollutants can enter the storm water system. Failure to comply with the approved construction requirements will result in the issuance of correction notices, citations, or project stop work orders.

K. The applicant shall minimize the removal of natural vegetation or ground cover from the site in order to minimize the potential for erosion and sedimentation problems. All cut and fill slopes shall be stabilized as soon as possible after completion of grading. No site grading shall take place unless approved erosion control measures are in place.

L. The applicant shall install filter materials (sandbags, filter fabric, straw wattle, etc.) at the storm drain inlet nearest the downstream side of the project site prior to the start of work. Filter materials shall be maintained and/or replaced as necessary to ensure effectiveness and prevent street flooding. Filtered particles shall be disposed of in an appropriate manner based upon constituents.

City Council/RSA Agenda 1179 Tuesday, November 19, 2024 Resolution No. XXXX-24
UP-24-005, SD-24-007
Chevron/Power Market Project

Page 11 of 18 ends

M. The applicant shall gather all construction debris on a regular basis and place in a dumpster or other container, which is emptied or removed at a minimum on a weekly basis. When appropriate, tarps shall be used on the ground to collect falling debris, paint over-spray, etc. that could contribute to storm water pollution.

N. Trash enclosures and/or recycling containers, paved outdoor storage, staging, or lay down areas shall be designed and constructed to prevent pollutants from entering storm drain system.

P. Dirt, gravel, debris and green waste shall be removed from the sidewalk, street pavement, and storm drains adjoining the project site. These areas shall be broom swept on a daily basis. Caked-on mud or dirt shall be scraped before sweeping.

During wet weather, the applicant should avoid excavation and other activities that lead to pollutants entering storm water such as driving vehicles on unpaved areas, etc.

Q. Outdoor washing or pressure washing shall be managed to prevent pollutants from getting into storm water and/or into the storm drain system.

ENVIRONMENTAL PROGRAMS
For assistance complying with requirements for public works, please contact Andy Block, Environmental Programs Manager, (510) 675-5368, email: [email protected].

43. The underground storage tank operating permit issued by the Union City Environmental Programs Division shall be maintained in continuous compliance throughout all site development and construction activities; and, a Temporary Tank Closure application must be submitted to, and a Temporary Tank Closure permit issued by, the Union City Environmental Programs Division prior to site development, disturbance, or construction activities.

44. The underground storage tanks and associated piping, equipment, and appurtenances shall be fully maintained, protected, and operated in a safe manner during site development and construction activities.

45. The tanks and piping shall be emptied during the period of site development, disturbance, and construction in accordance with the Temporary Tank Closure permit required by the Union City Environmental Programs Division.

46. The owner/applicant shall maintain a complete and accurate Hazardous Materials Business Plan permit application in the California Environmental Reporting City Council/RSA Agenda 1180 Tuesday, November 19, 2024 Resolution No. XXXX-24
UP-24-005, SD-24-007
Chevron/Power Market Project

Page 12 of 18 ends

System (CERS) in accordance with the current hazardous materials permit issued by the Union City Environmental Programs Division.

47. Owner/applicant shall receive Environmental Programs Division approval prior to the issuance of building permits.

48. The owner/applicant shall comply with the provisions of the permits or requirements from any state or regional agency, including, but not limited to, the Bay Area Air Quality Management District (BAAQMD), San Francisco Bay Regional Water Quality Control Board (RWQCB), Union Sanitary District (USD), and the Alameda County Water District (ACWD).

49. The owner/applicant shall notify all prospective tenants that they are required to maintain a current and accurate Hazardous Materials Business Plan permit, including the Underground Storage Tank Operating Permit, with the Union City Environmental Programs Division for hazardous materials storage, use or handling.

50. All residual liquids, solids, and sludge generated during construction and in future routine site business operations shall be removed and handled pursuant to the appropriate provisions of Division 20, Chapter 6.5 of the California Health and Safety Code and industry best practices.

51. If soil or groundwater contamination, or suspected soil or groundwater contamination, is encountered during construction and in future routine site business operations, both the Alameda County Water District and the Union City Environmental Programs Division shall be notified immediately by telephone and electronic communication.

ALAMEDA COUNTY WATER DISTRICT / UNION SANITARY DISTRICT For assistance complying with requirements for Alameda County Water District, please contact Sean O'Reilly , PE, Development Services Manager, [email protected] or (510) 668-4472.

For assistance complying with requirements for Union Sanitary District, please contact Andrew Baile, Assistant Engineer, 510-477-7633 or [email protected].

52. The applicant/property owner shall coordinate with the Alameda County Water District (ACWD) and Union Sanitary District (USD) to obtain all required permits, inspections, and approvals necessary for the project.

CEQA MITIGATION MEASURES
Air Quality

City Council/RSA Agenda 1181 Tuesday, November 19, 2024 Resolution No. XXXX-24
UP-24-005, SD-24-007
Chevron/Power Market Project

Page 13 of 18 ends

a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of the California Code of Regulations).

Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator.
h. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The air district’s phone number shall also be visible to ensure compliance with applicable regulations.

Biological Resources

54. BIO-1: Avian Nesting Surveys
If project (construction) ground-disturbing and grubbing activities commence during the avian breeding season (February 1 through August 31), a qualified biologist shall conduct a pre-construction nesting bird survey no more than 14 days prior to initiation of project activities. The survey area shall include suitable raptor nesting habitat within 500 feet of the project boundary (inaccessible areas outside of the project site can be surveyed from the site or from public roads using binoculars or spotting scopes). Pre-construction surveys are not required in areas where project activities have been continuous prior to February 1, as determined by a qualified biologist. Areas that have been inactive for more than 14 days during the avian breeding season must be re-surveyed prior to resumption of project activities. If no active nests are identified, no further mitigation is required. If active nests are identified, the following measure is required:
 A suitable buffer (e.g., typically 300-500 feet for raptors; and 50-100 feet for passerines) shall be established by a qualified biologist around active nests and no City Council/RSA Agenda 1182 Tuesday, November 19, 2024 Resolution No. XXXX-24
UP-24-005, SD-24-007
Chevron/Power Market Project

Page 14 of 18 ends

construction activities within the buffer shall be allowed until a qualified biologist has determined that the nest is no longer active (i.e., the nestlings have fledged and are no longer reliant on the nest, or the nest has failed). Encroachment into the buffer may occur at the discretion of a qualified biologist. Any encroachment into the buffer shall be monitored by a qualified biologist to determine whether nesting birds are being impacted.

Cultural Resources

55. CUL-1: Avoid Impacts to Previously Unknown Archaeological Resources In the event that cultural resources are exposed during ground-disturbing activities, construction activities shall be halted within 100 feet of the discovery. Cultural resources could consist of but are not limited to stone, bone, wood, or shell artifacts, or features, including hearths, structural remains, or historic dumpsites. If the resources cannot be avoided during the remainder of construction, an archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards shall be retained to assess the resource and provide appropriate management recommendations. If the discovery proves to be CRHR- or NRHP-eligible, additional work, such as data recovery excavation, may be warranted and shall be discussed in consultation with the Lead Agency. . If the qualified archaeologist determines that the discovery may be of Native American origin, the Confederated Villages of Lisjan Nation and any other applicable tribes will be notified.

56. CUL-2: Avoid and Minimize Impacts Related to Accidental Discovery of Human Remains.

2. The project owner or their authorized representative will contact the Alameda County Coroner.

The Native American Heritage Commission will immediately notify the Most Likely Descendent, who will have 48 hours after being granted access to the location of the remains to inspect them and make recommendations for their treatment. Work will be suspended in the area of the find until the City approves the proposed treatment of human remains.

City Council/RSA Agenda 1183 Tuesday, November 19, 2024 Resolution No. XXXX-24
UP-24-005, SD-24-007
Chevron/Power Market Project

Page 15 of 18 ends

Geology and Soils

57. GEO-1: Site-Specific Geotechnical Investigation
Prior to the issuance of final demolition and construction permits for the project, a geotechnical firm with local expertise in geotechnical investigation shall prepare a sitespecific geotechnical report. The report shall be prepared by a California-licensed geotechnical engineer or engineering geologist and be submitted to the Union City Building Department for approval prior to issuance of final permits for demolition and construction. This report shall be based on data collected from subsurface exploration, laboratory testing of samples of surface mapping, and address the potential for surface fault rupture, ground shaking, slope failure, and expansive soils and make recommendations based on those findings. The developer shall implement recommendations identified in the site-specific geotechnical report.

58. GEO-2: Paleontological Resources Mitigation
Prior to the start of construction, construction workers shall receive on-site training regarding identification of paleontological resources. If any paleontological resources are encountered during site grading or other construction activities, all ground disturbance shall be halted until the services of a qualified paleontologist can be retained to identify and evaluate the scientific value of the resource(s) and, if necessary, recommend mitigation measures to document and prevent any significant adverse effects on the resource(s).

Significant paleontological resources shall be salvaged and deposited in an accredited and permanent scientific institution, such as the University of California Museum of Paleontology.

Greenhouse Gas Emissions

59. GHG-1: Verification of Plans for Natural Gas
Prior to the final project design approval, the City shall require and verify the specification on applicable site and building plans that no natural gas appliance or natural gas pumping is included.

60. GHG-2: Verification of EV Capable Parking Spaces
Prior to final project design approval, the City shall require and verify the specification on applicable site and building plans that a minimum of 3 of the project’s 9 parking spaces would be electric vehicle (EV) capable spaces in accordance with the 2022 CALGreen definitions and 2022 CALGreen nonresidential voluntary Tier 2 requirements.

City Council/RSA Agenda 1184 Tuesday, November 19, 2024 Resolution No. XXXX-24
UP-24-005, SD-24-007
Chevron/Power Market Project

Page 16 of 18 ends

Hazards and Hazardous Materials

Training shall be conducted by a qualified professional in hazardous materials handling. The training shall identify the appropriate steps to be taken by the contractor upon discovery of potentially contaminated material. If excavation activities are to take place in an area of known soil and/or groundwater contamination, only construction workers who are trained in OSHA’s Hazardous Waste and Emergency Response standard (HAZWOPER) shall perform this work.
c. In the event previously unknown and/or residual contaminated soil, groundwater, or subsurface features are encountered, work on-site shall cease immediately, and the applicant’s contractor and/or site qualified professional shall notify the Union City Planning and Environmental Programs Divisions.
d. Applicant shall make all required reports to regulatory agencies if possible contamination is discovered. The Union City Environmental Programs Division shall be responsible for assessing the degree of compliance and the effectiveness of risk mitigation efforts required by regulatory agencies, and reporting to the planning Division whether risks have been satisfactorily abated in accordance with the requirements of this measure.
e. The City shall ensure that a Spill Prevention, Control, and Countermeasure (SPCC) plan is prepared to address potential spills during the emptying of the on-site fuel tanks and that the plan shall include immediate response actions in the case of an accidental spill or release of potentially hazardous materials.

City Council/RSA Agenda 1185 Tuesday, November 19, 2024 Resolution No. XXXX-24
UP-24-005, SD-24-007
Chevron/Power Market Project

Page 17 of 18 ends

Hydrology and Water Quality

62. HYD-1: Stormwater Control Plan
Prior to issuance of a grading permit, the project applicant shall submit a Stormwater Control Plan (SCP) in accordance with current construction and post-construction State Water Resources Control Board, Alameda Countywide Clean Water Program requirements, and the Municipal Regional Stormwater Permit for the project area for review and approval by the Union City Public Works Department. The SCP shall be implemented throughout project construction and project operation. The SCP shall include treatment measures and design features that will be incorporated into project design and construction to reduce the pollutant load in stormwater discharges and to manage runoff flows. The SCP shall describe construction stormwater BMPs that will be implemented to minimize the migration of sediments off-site. Typical construction BMPs can include covering soil stockpiles, sweeping soil from streets or other paved areas, performing sitedisturbing activities in dry periods, and planting vegetation or landscaping quickly after disturbance to stabilize soils. Other typical stormwater BMPs include erosion and sediment control measures such as wattles, covers, silt fences, installing stabilized construction entrances and/or corrugated steel plates, protecting existing curb inlets with filter fabric and sandbags in the vicinity of the project.

City Council/RSA Agenda 1186 Tuesday, November 19, 2024 Resolution No. XXXX-24
UP-24-005, SD-24-007
Chevron/Power Market Project

Page 18 of 18 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a special meeting held on the 19th day of November 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

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

THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments

1. Exhibit A - Site Improvements Plans
City Council/RSA Agenda 1187 Tuesday, November 19, 2024 Chevron

PERSPECTIVE VIEW OF FRONT OF THE C-STORE

PERSPECTIVE VIEW OF LEFT SIDE OF THE C-STORE
SHEET INDEX:

ARCHITECTURAL
AO.OD COVER SHEET
Chevron / Power Market Project __
AD.10 EXISTING SITE PLAN
AD.11 PROJECT INFORMATION & SITE PLAN
A0.20 SITE CIRCULATION
A1.0D FLOOR PLAN· CONVENIENCE STORE
A1.10 REFLECTED CEJLING PLAN CONVENIENCE STORE
A1.20 ROOF PLAN. CONVENIENCE STORE

NEW CONVENIENCE STORE
31300 ALVARADO NILES ROAD,
UNION CITY, CA, 94587

PERSPECTIVES

PERSPECTIVE VIEW OF RIGHT SIDE OF THE C-STORE
A1.30 ELEI/ATIONS - CONVENIENCE STORE
A1.40 ELEVATIONS. CONVENIENCE STORE
A1.50 ELEVATIONS· CONVENIENCE STORE
A2.00 CANOPY FLOOR PLAN & TRASH ENCLOSURE PL.AN & ELEVATIONS A2.1D ROOF PLAN- FUELING CANOPY ANO TRASH ENCLOSURE
A2.20 ELEVATIONS· CANOPY
Al.DD SIGNAGE DETAILS

LANDSCAPE
TS-1 1 of 1 EXJSTING TREE SURVEY
1 ot 1 CONCEPTUAL LANDSCAPE PLAN
3165.t.irwayAvenuc
Suitcrl
Com Mesa j CAI 92626
(949)215-1544
[email protected]
www.archiss3nce.com

LEGAL NOTICE OF DOCUMENT USE

PROJECT INFORMATION - BUILDING DATA- CODE REQUIREMENTS SYMBOLS n..,....,.-::,ou•..-..n•<odaco,sCO'll......:1,_._,.,,�-.. 11N - _.,_ - p-_,.,.d .......... -...A.r,rrlfl'UO.,W\ .,,,_., ..... � ... d<4)'1'11la,, R-.,wdu ...... 00::,,,,,nj;IQ, <ll'wU-llls1po,:h:.i.-qoe11k:J •h<hlllrfh;r ... be,:rr µ_..,.�

PROJECT INFORMATION
ITEM
Projccl Address
Legal Description
Asscssor'sM.ip
APN
Zoning District
Zoning Rcdcsignation
Existing Loi Size
Dedication ReQuired
Nct lol Sizc
Existing Buading Floor Ive.a
Proposed Buildings Floor Area
Existing Use
Proposed Use
Exisling No. or Slruclures
Proposed No. of Buildings
Special /\tea

INFORMATION
31300 Alvarado Niles Road, Union City , CA 94587
Cwnty or AJ;uncda, California
463-0104-006
-
00 Union Londing Commercial (CUL)
Comrnuni1y Convncrdal (CC)
21,904 SF= 0.503 AC
No

21.904 SF= 0.503 AC
Convenience Storc-1,522 SF/ Canopy =1,232 SF
Convenience Slore=2,J75 SF/ Canopy=2.87S SF
Automobile Service Station
Automobile Service Station
2 (C.Storc and Canopy)
2 (N) C. Store and (N) Canopy
No

ZONING CONFORMANCE MATRIX
ExisLing Zone: Union Landing
CommerdDI (CUL) I
Rc-DcsignaUon Zones: CODE
Community Con1n1crcial (CC) SECTION REQUIRED PROPOSED
Min Lot Arca (SF) 18.36.060 5,000 SF 21,904 SF
Min lot WidU1 18.36.070 NIA NIA
Min Setbacks
Front [Street! Union l;-111dlng Blvd 18.36.090
Srdo (S!rcet) Atvarado N4es Road 18.36.100
Side (North) Adjacent Proper1y• 18.36.100
CivicFacilily
Rear IEasl) A.djacenl Property- 18.36.110
Union landing Commcrdal
20'
10'
N/A
N/A
Max Structure Height 18.36.120 CN=30' I
CC=100"
Max Floor Area Ratio (FAR) General P!i'ln 0.25 = 25%
Bu�ding= 119'-7 1/2"/
c
.-.nopy=n·-s·
Buijding= 59'-rt
Ga.nopy::12'-10" •
Bu11ding=1'-7"/
Canopr-44'-9 112·
Building= 1'-r/
Canopy=S1'-11 1/2"
Building= 22'-0"/
Canopy= 1!r-7"
Bu�ding= 10.8¾/
Canopy: 13.1"!. I
Trash Enclosure= 0.8¾
(Total= 24.7�1.)
Min Site Landscaping
Sctbncks, planters and i.,,uscd
areas

18.36.170.C.3 20¾,. '1,3S0.8 SF -4,'163 SF= 20.4•,:,
Oft-Street Parking 18.36.150 1Spaccforcvcry 2,375 SF/ 175= 14 175 SF= 14 Provided= 17 Spilces
Sp.IC.CS
loading / Unloading 18.36.150 1 Spac.c lor Provided = 1 Space 1-10.000 SF= 1
Space
Sign 18.30.000 Oelcned
(") ACCORDING TO CODE SECTION 18.36.100.C. ONE FOOT SHALL BE ADDEO AT GROUND LEVEL TO EACH REQUIRED INTERIOR SIDE YARD FOR EACH (3) FEET OF HEIGHT BY WHICH THE STRUCTURE EXCEEDS TWELVE (12) FEET.

CANOPY HEIGHT (19'-6") • (12'-0") = T-6"/ 3' = 2'-6" ADDITIONAL DISTANCE TO THE SIDE SETBACK TO BE 10· .- 2'-6" = 12'-6" AS REQUIRED AND 12'-10· HAS BEEN

PROVIDED
A.PN/PARCEL ID(S): 463-0104-006·00

THE LANO REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF UNION CITY, COUNTY OF ALAMEDA, STATE OF CALIFORNIA ANO IS DESCRIBED AS FOLLOWS:

PARCEL 2, AS SHOWN UPON THAT CERTAIN MAP ENTITLEO ·PARCEL MAP NO. 8509·, FILED FOR RECORD FEBRUARY 22, 2006, IN BOOK 288 OF PARCEL MAPS. PAGES 25-26, ALAMEDA COUNTY RECORDS.

THIS DESCRIPTION DESCRIBES ALL THAT REAL PROPERTY DESCRIBED IN TITLE REPORT IDENTIFIED AS CHICAGO TITLE INSURANCE COMPANY, GUARANTEE NO.FWACT019000066, DATED DECEMBER 31,2018.

BUILDING CODE ANALYSIS:

Occupancy Type:
(Convenience Store: Group-My (Service Sl.ition Canopy : Group•M) Construction Ty pe:

Convenience Store: VB I Service St..1tion Canoµy : 118
Fire Sprinkler: (N.S.) Non Sprinkled
Occupancy Load (C. Store)= 2375 SF/ 60 Gross= 39.6 = 40 C.B.C. 1004.5 fail Sizing= 40 • 0.2 = 8" = 32" Min. C.B.C 1005.3.2 ...... Provided Ex.it= 72" (68" CLR. While Opening).

Number or Exits: 1 Exit Provlded ........... C.B.C 1006.3.3 Exception# 1& 2 Occtip:mcy Scp:ualion:

Convenience SlOfe & Fueling Canopy= (M) .. (M)= No Separation is Required C.B.C. 508.4 ltom (M)Occupancy
ConstructD1 Type VB (N S)
He ight 40'
ff Stories 1 �
,,., 9,000 SF
Convenience Store = 2,375 SF
Fueling Canopy = 2,875 SF
PARKING CALCULATION:
(M) O=.,,ancy

IIB(N S)
55'
2 12,500 SF

BUILDING USE CODE SECTION
Code Sl!ldion
2022 C.B.C. 504.J
2022 C.B.C. 504.4
2022 C.B.C. 506.2

CRITERIA
CONVENIENCE STORE 18.36.150 2375 SF/175 = 13.6 = 14

UNDER GAS STATION CANOPY N/A N/A
-·
411
I
9,000 SF
RECD
\4
NIA
LOADING / UNLOADING 18.36.140 1 SPACE FOR 1 TO 10,000 SF 1 TOTAL 15

PROVIDED
9 •
1 18

PARKING CLASSIFICATION PROVIDED OVER ALL CODE SECTION

BREAKDOWN
CONVENIENCE STORE: 18.36.150
STANDARD (TYP) 2022 C.B.C 110-208.2
UNDER CANOPY B 17 2022 C.8.C 118-208.2.-4
ACCESSIBLE 1 VAN 2022 C.G.B.S.C 5.106.5.3.3
e
ves 2 {1 VAN -t 1 STANDARD) 2022 C.B.C 118·812.8.2
TOTAL 17
STANDARD VEHICLE PARKING SPACE -9' X 18'
VAN ACCESSIBLE PARKNG SPACE 12' X 1R'
LQADINQj\JNt.QAOING SPACE 1q X 25'

DESIGN TEAM
OWNER

H&S ENERGY,LLC
2860 N. SANTIAGO BL VD
ORANGE, CA 92867

VICINITY MAP
2022 C.G.B.C 5.106.5.2
17 ARCHITECT/ APPLICANT
Archissance
3185 Ai,way Ave
Suite F1
Costa Mesa , CA 92626
Samir Hijazi, P .M.

Francis Onq, Architect
949.215.1544 Ext 101
9= t
I •::!"---- ...., •• --
;T::,,..- ,..,.\ --·
CALLOUT TAG ,_,,.- MODIFIER
SIM>
-- DETAIL NUMBER
("' - --- SHEET NUMBER
L _ _j
OODRTAG CB◄-- DOOR NUMBER

INTERIOR ELEVATION MARK
-
1Ref-:_7 ��v
��
NUMBER
/i. /"'�J ORIENTATION
1,
.

A101� 1
-
---- SHEET NUMBER
1Rcl

EXTERIOR BUILDING ELEVATION MARK

KEYNOTES
1 Ref..4-- ELEVATION NUMBER
1�1
-----SHEET NUMBER
1 �-- KEYNOTE NUMBER

SPOT ELEVATION

FLOOD NOTE
BY GRAPHIC PLOTTING ONLY, THIS PROPERTY IS IN ZONE '"X'" OF THE FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO. 060014-0427-G. WHICH BEARS AN EFFECTIVE CATE OF 8·3·09 ANO IS NOT IN A SPECIAL FLOOD HAZARD AREA.

OPERATIONAL NOTES
- HOURS OF OPERATION:
- C-STORE • 24 HOURS
• FUEL SALES - 24 HOUR
* TANKS Will BE EMPTIED DURING CONSTRUCTION
SCOPE OF WORK:
"ERASE "-ND REBUILD" AN EXISTING GAS STATION WITH LIMITED C•STORE AND GAS FUELING CANOPY. THE NEW WORK WILL INCLUDE AN ARCHITECTURALLY MODERN C· STORE DESIGN UTILIZING CONTEMPORARY FINISHES AND AESTHETICS.

ARCHITECTURAL STONE PANELS, WOOD TILE, SMOOTH PLASTER, METAL CLADDING.

METAL COPING. ANO METAL CANOPIES. THE NEW C-STORE IS APPROXIMATELY 2,375 SQUARE FEET. THE PLACEMENT OF THE C-STORE IS AT THE INSIDE CORNER OF THE

PROPERTY TO ALLOW FOR BEST AND HIGHEST USE WHILE MAINTAINING THE SITE CIRCULATION PATTERN. AOA PARKING AND RAMPS ARE PLACED CLOSEST TO THE

STORE WITH NO SITE TRAFFIC CROSSINGS TO ENHANCE DISABLED PERSONS SAFETY AND MAXIMIZING ACCESS ANO CONVENIENCE. THE SITE IS OPEN TO THE

TRANSPORTATION CENTER AND THE PATH OF TRAVEL IS DIRECT TO THE

TRANSPORTATION CENTER WITHOUT HAVING TO CROSS VEHICULAR TRAFFIC ON ANY OF THE DRIVEWAYS TO THE SITE; THIS SITE DESIGN ELEMENT ENHANCES SAFETY

FURTHER TO DISABLED PERSONS AND MEETS THE AOA CODE IN RELATION TO

PROVIDING ACCESS TO PUBLIC RIGHT OF WAY HAVING PUBLIC TRANSIT SUCH AS A d01><1-,1._ .. ,� .. _,,..,�,<1""""°"',c,o•
ei,enlyk,\Ujon. Nam<drc..io11.aol!urn.<7�c!clia.'1\li t<> n- 1>1 •1rn• m,.,. 'lunlwUOOU,._. 1vrt,nan...,_--c,1 ,.,_,,, <lld""'....ak:tl!ytans:rv-"�•�d-•-•N
�-�:,r.;,d:r,yidly.,..,;lram\U<J,;.,,.,...,c,11._., .. �odluddmd,\n;lil;-.CC;ir.(crt•wt11,&t1.TU;,"")'le;-,j _,,._,,.,� .. �t1.nau_,.,1c-,V-,,o;it'""'•lll'"">ClfOl<,t,..-u:kl'"<nll!ld ,...,�nr.a,no

CONSULTANT
STAMP

PROJECT

NEW CONVENIENCE STORE

PROJECT ADDRESS
31300 ALVARADO NILES ROAD,
UNION CITY, CA, 94587
OWNER

H&S ENERGY,LLC
2860 N. SANTIAGO BLVD,
ORANGE, CA 92867

PRELIMINARY

REVISIONS
�+----------i ----+---1 I

SHEET TITLE

COVER SHEET
PROJECT NO. 20-022

DRAWN BY RS

CHECKED BY SH
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Attachment 4: Exhibit A (Project Plans)
City Council/RSA Agenda 1188 Tuesday, November 19, 2024 City Council/RSA Agenda 1189 Tuesday, November 19, 2024 City Council/RSA Agenda 1190 Tuesday, November 19, 2024 City Council/RSA Agenda 1191 Tuesday, November 19, 2024 City Council/RSA Agenda 1192 Tuesday, November 19, 2024 City Council/RSA Agenda 1193 Tuesday, November 19, 2024 City Council/RSA Agenda 1194 Tuesday, November 19, 2024 City Council/RSA Agenda 1195 Tuesday, November 19, 2024 City Council/RSA Agenda 1196 Tuesday, November 19, 2024 City Council/RSA Agenda 1197 Tuesday, November 19, 2024 City Council/RSA Agenda 1198 Tuesday, November 19, 2024 City Council/RSA Agenda 1199 Tuesday, November 19, 2024 City Council/RSA Agenda 1200 Tuesday, November 19, 2024 City Council/RSA Agenda 1201 Tuesday, November 19, 2024 City Council/RSA Agenda 1202 Tuesday, November 19, 2024 City Council/RSA Agenda 1203 Tuesday, November 19, 2024 City Council/RSA Agenda 1204 Tuesday, November 19, 2024

Agenda Item
DATE: OCTOBER 17, 2024
TO: PLANNING COMMISSION
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: GENERAL PLAN AMENDMENT (AG-24-002), ZONING MAP AMENDMENT (A-24-002), USE PERMIT (UP-24-005), SITE
DEVELOPMENT REVIEW (SD-24-007)
APPLICANT: SAMIR HIJAZI, ARCHISSANCE
LEGAL OWNER: H & S ENERGY PRODUCTS, LLC
REQUEST: Demolition of existing fuel dispensing station and convenience store/auto repair bays and construction of a new 2,875 square foot solar canopy over four (4) fuel dispensing islands and a 2,375 square foot convenience store, and related improvements.

LOCATION: 31300 Alvarado-Niles Road (APN: 463 -0104-006-00) SIZE OF PARCEL: 21,902 Square Feet (0.502 Acres)

GENERAL PLAN
LAND USE: Regional Retail Commercial
ZONING: Union Landing Commercial (CUL)
Attachment 5: Planning Commission Staff Report dated 10/17/2024 City Council/RSA Agenda 1205 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
(AG-24-002), (A-24-002), (UP-24-005), (SD-24-007),
31300 Alvarado-Niles Road, Page 2
SURROUNDING LAND USES:

Table 1 - Development Standards

LOCATION

GENERAL PLAN

DESIGNATION
ZONING

DISTRICT

LAND USE
North Civic Facility CF Transit Hub
South Retail Commercial CN
Commercial - Service
Station
East Regional Retail
Commercial
CUL Commercial - Recreation
West Regional Retail
Commercial
CUL
Commercial –
Hotel/Dentist Office
ENVIRONMENTAL ASSESSMENT:

This project is subject to the requirements of the California Environmental Quality Act (CEQA). Per the applicable provisions of the CEQA Guidelines, an Initial Study and Mitigated Negative Declaration (IS/MND) has been prepared fchaor the project (Exhibit A).

For an overview of the CEQA analysis, see discussion in Section C of this report.

City Council/RSA Agenda 1206 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
(AG-24-002), (A-24-002), (UP-24-005), (SD-24-007),
31300 Alvarado-Niles Road, Page 3
LOCATION MAPS:

Figure 1 – Zoning Map of 31300 Alvarado-Niles Road
Figure 2 – Location Map of 31300 Alvarado-Niles Road
Project Site


Project Site

CUL-SRC
CN

CUL-SRC CUL-CC
CUL-OC
CUL-CC
CF
RM 2500
OS
OS RS 6000
City Council/RSA Agenda 1207 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
(AG-24-002), (A-24-002), (UP-24-005), (SD-24-007),
31300 Alvarado-Niles Road, Page 4
I. BACKGROUND & PROPOSAL
The 21,902 square-foot, 0.5-acre project site is located at 31300 Alvarado-Niles Road at the northeast corner of the intersection of Alvarado-Niles Road and Union Landing Boulevard.

The site is approximately 0.25 mile west of Interstate 880 (I-880).

The project site is developed with a convenience store with two attached auto repair bays, which accommodate a STAR-certified smog check station, and four (4) fuel pump islands with a public transit facility to the north and commercial land uses to the east and west. There is an existing Shell gas station located to the south of the project site across Alvarado-Niles Road, with residential development beyond. The Union Landing Transit Center is located adjacent to the northern boundary of the project parcel and a building, which accommodates iFly Indoor Skydiving, is located adjacent to the eastern boundary of the project parcel. A dentist office and a hotel are located to the west of the project site across Union Landing Boulevard.

A service station has been present on the site since at least 1973, originally operating as the Alvarado Niles Service Station. By 1984, the site was operating as the A-1 Mobil Service Center. From at least 2008 through 2015, the site operated as a Union 76 station. Since at least 2017, H&S has been operating the site as a Chevron service station. Previous owner/operators also include British Petroleum and Tosco.

The project entitlements include a General Plan Amendment (AG-24-002), Zoning Map Amendment (A-24-002), Use Permit (UP-24-005), and Site Development Review (SD-24-007).

Figure 3 – Aerial close-up of 31300 Alvarado-Niles Road 
Project Site
City Council/RSA Agenda 1208 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
(AG-24-002), (A-24-002), (UP-24-005), (SD-24-007),
31300 Alvarado-Niles Road, Page 5
The project scope includes demolition of the existing 1,232 square-foot gas station canopy and 1,522 square-foot convenience store/smog check station and construction of a 2,875 square-foot solar canopy, 2,375 square-foot convenience store, a new trash enclosure, and related site improvements. The project scope also includes the relocation of an existing connection to the adjacent UC Transit center, which is necessitated by the proposed reconfiguration of the site.

The project plans are attached (Exhibit B).

Existing structures on the project site proposed for demolition include the 1,522 square-foot convenience store/ and auto repair bay, which accommodates a smog check station, a 1,232 square-foot fueling canopy, and an existing trash enclosure located adjacent and east of the existing convenience store. There are three (3) underground fuel tanks that would remain on site and would be emptied during demolition and construction. The two existing driveways on Alvarado-Niles Road as well as the existing driveway on the east side of Union Landing Road that provide access to the existing convenience store and gas station would remain in the same locations.

II. PROJECT ANALYSIS
A. Project Entitlement Overview
The Union Landing Commercial (CUL) Zoning District does not permit service stations; therefore, the current use is legal nonconforming. To facilitate the reconstruction of the service station, the project scope includes proposed General Plan and Zoning Map amendments. The applicant is requesting to rezone the lot from CUL to Community Commercial (CC), where service stations and gas station marketeers are a conditionally permitted use. A related General Plan amendment is proposed to update the City’s General Plan Land Use Diagram included in Chapter 3, Figure LU-1, to re-designate the site from Regional Retail Commercial to Retail Commercial. The Regional Retail Commercial designation allows for commercial uses serving citywide or regional market, with large floor areas. The Retail Commercial designation allows for smaller scale uses such as retail, personal services, etc., with smaller floor area ratios, making the designation more appropriate for the retail sales of gasoline and the on-site convenience store. The Regional Retail Commercial General Plan amendment also includes updates to several Union Landing figures included in Chapter 9, Special Areas Element. These include Figure SA-1: Special Areas, Figure SA-12.1: Union Landing General Plan Land Use, and Figure SA-12.2: Union Landing Commercial Development Type Sub-Areas. Diagrams City Council/RSA Agenda 1209 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
(AG-24-002), (A-24-002), (UP-24-005), (SD-24-007),
31300 Alvarado-Niles Road, Page 6
showing the proposed amendments to the General Plan and Zoning Map are attached to this staff report and labeled Exhibit C and Exhibit D.

The applicant has also applied for Use Permit approval to allow for the service station in the CC Zoning District and Site Development Review approval for the project structures and related site improvements.

B. Project Design and Development Standards Compliance
Development Standards Compliance
The project is subject to the development standards for the CC Zoning District. Table 2 below shows how the project complies with the development standards for the CC Zoning District.

Table 2 – Development Standards
Development
Regulation
Required Projects Provides
Convenience Store
Projects Provides
Fuel Canopy
Complies?
Front Setback
(Union Landing
Boulevard) (min.)
20 feet 119 feet 7 ½ inches 73 feet 8 inches Yes
Side Setback
(Alvarado-Niles
Road) (min.)
10 feet 89 feet 7 inches 12 feet 10 inches Yes
Side Setback
(north) (min.)
No side yards required,
except one foot added at
ground level to each
required interior side
yard for each three feet of
height the structure
exceeds 12 feet
1 foot 7 inches* 44 feet 9 ½ inches Yes
Rear Setback
(east) (min.)
No rear yards shall be
required, except one foot
added at ground level the
required rear yard for
each three feet of height
the structure exceeds 12
feet
1 foot 7 inches * 51 feet 11 ½ inches Yes
Height (max.) 100 feet 22 feet 19 feet 7 inches Yes
Lot Coverage
(max.)
No restriction 11% 13% Yes
* To calculate setbacks for the interior side and rear yards, the building height adjacent to the setbacks, 17 feet, was used.

City Council/RSA Agenda 1210 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
(AG-24-002), (A-24-002), (UP-24-005), (SD-24-007),
31300 Alvarado-Niles Road, Page 7
In addition to Table 2, per UCMC 18.36.030, pump islands must be located no closer than 20 feet to any property line. The pump islands are 20 and three-quarter feet from the south lot line and far in excess of 20 feet from the north, west, and east lot lines. See Table 3 for the setbacks of the pump islands.

Table 3 – Development Standards
Development
Regulation
Required Projects Provides
Pump Islands
Front Setback (Union
Landing Boulevard)
(min.)
20 feet 69 feet
Side Setback
(Alvarado-Niles Road)
(min.)
20 feet 25 feet
Side Setback (north)
(min.)
20 feet 55 feet
Rear Setback (east)
(min.)
20 feet 65 feet
Site Design, Circulation, and Parking
The proposed project would reconfigure structures and parking at the site. As proposed, the new convenience store would be approximately twice the size of the existing store and would be located in the most northeast corner of the lot. The front of the new store would be oriented toward the intersection of Alvarado-Niles Road and Union Landing Boulevard, making the store more visible at this major entry into the Union Landing Shopping Center. The new canopy would also be larger than the existing but would remain in the same location. The new location for the trash enclosure will be the southeast corner, set back 16 feet from the street-side lot line and five feet from the rear lot line.

The project site can currently be accessed by three driveway openings crossing the sidewalk (two on Alvarado-Niles Road and one on Union Landing Boulevard). The existing driveways will remain in their current configuration. The access driveways from both Alvarado-Niles Road and Union Landing Boulevard allow only right turns into and out of the project site. Median islands are located within the public right-of-way (ROW) on both streets to prevent left turns into or out of the project driveways.

City Council/RSA Agenda 1211 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
(AG-24-002), (A-24-002), (UP-24-005), (SD-24-007),
31300 Alvarado-Niles Road, Page 8
The site circulation plan will allow for adequate maneuverability for garbage, fueling, and fire trucks. Trucks would be able to accomplish necessary movements without blocking the driveways.

An Americans with Disabilities Act (ADA) pathway would provide pedestrian access to the project site from the existing sidewalk along Alvarado-Niles Road to the convenience store. The project also proposes to relocate the existing pedestrian access, or gateway, to the Union Landing Transit Center slightly to the west to facilitate the new location of the convenience store.

Condition of Approval #36 has been added that requires the applicant/ property owner provide a plan showing the new Gateway feature, path, and any related improvements from the project site to the Union City Transit Center for review and approval by Public Works Department, Transit Division, Building Division and Planning Division staff. City staff has engaged the services of a consultant, whose costs the property owner will cover, to ensure that the new Gateway connection is ADA compliant. The condition requires the design of the Gateway feature to be similar in massing and design as the existing Gateway arch, which will be closed off.

As a result of the reconfiguration of the site, the majority of the parking spaces would be relocated to the north side of the lot. Per UCMC Sec. 18.36.150, there are parking requirements for service stations, but only those for auto repair, not for fueling-only stations. Instead, parking requirements for light retail sales were used - one space for every 175 square feet, which would require a total of 14 spaces. The project provides nine (9) spaces in the parking lot, and an additional eight (8) parking spaces under the canopy. The project includes two electric vehicle (EV) charging stations. The project will be conditioned, Condition of Approval #60, to include a third parking space equipped for capability for a third EV charging station to meet the requirements of Mitigation Measure GHG-2: Verification of EV Capable Parking Spaces.

Architecture
As shown in Sheets A1.30-A1.50 of the project plans, the convenience store will include a primary roof height of 17 feet, with a 22-foot-tall tower at the store entryway. The building is a modern structure with fenestration facing the intersection of Alvarado-Niles Road and Union Landing Boulevard. The exterior walls are finished with a combination of large areas of grey metal cladding, wood tile, and stone veneer with smaller areas of stucco around the fenestrations. The storefront will be glazed with clear anodized aluminum trim.

City Council/RSA Agenda 1212 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
(AG-24-002), (A-24-002), (UP-24-005), (SD-24-007),
31300 Alvarado-Niles Road, Page 9
The variations in materials on the building’s exterior facades help to break up the massing and provide dimension to the structure. The wood tiles wrap around the entrance and the street facing sides of the building to create a building that is attractive on all sides. White metal cladding covers the insets that are placed in the façade of the building.

The proposed canopy covering the gas dispensers is 19 feet seven inches in height. The functional design of the canopy features the grey PVC canopy support columns. The facia of the canopy will be constructed of aluminum composite material (ACM) featuring the company’s corporate colors and logos.

Trash Enclosure Development Standards
The trash enclosure is an accessory structure used to serve waste management at the site. The structure meets the required conditions for commercial districts, which requires that no detached accessory structure occupy more than 30% of the area of a required rear yard, and if located in a required rear yard, shall not exceed 12 feet in height. The structure will be located in the side yard, not the rear yard, and will not exceed ten (10) feet in height. The trash enclosure, which will measure approximately 13 feet in width by 15 feet in depth, will be located between landscaped planters and adjacent to the pedestrian walk along the rear lot line of the site. The trash enclosure would be set back 15 feet from the south lot line and five (5) feet from the rear lot line. The enclosure will be partially screened from the public way along Alvarado Niles Road by landscaping and it will be attractively designed with metal cladding on the exterior and a corrugated metal roof and doors, which will complement the architecture of the convenience store. To meet the requirements of Chapter 7.04, Solid Waste Management, the enclosure has been sized to accommodate waste, recycling, and compost bins, includes a sanitary connection, and will not encroach into landscaping, setbacks, or parking areas required by the zoning district.

Landscape Plan
The attached plan set includes a Landscape Plan (see Conceptual Landscape Plan, page 16 of the plan set and Condition of Approval #9). Landscaping would comprise approximately 4,463 square feet (20.4%) of the site, which exceeds the minimum 20% landscape coverage requirements per UCMC Sec. 18.36.170. The new plantings will include groundcover, shrubs and trees. New landscaping will be located along the east and south of the property, the southwest corner, along the north and east lot lines, on either side of the entrance, and between the two driveways on Alvarado-Niles Road.

City Council/RSA Agenda 1213 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
(AG-24-002), (A-24-002), (UP-24-005), (SD-24-007),
31300 Alvarado-Niles Road, Page 10
Lighting
Three light poles would be installed on the project site; one by the trash enclosure, one at the southwest corner of the site, and one at the northwest corner of the site. Additional lighting associated with the convenience store (interior and exterior) and the gasoline islands would also be added. The project includes Condition of Approval #13 requiring a final photometric/lighting plan be submitted so staff can ensure the lighting levels are adequate to ensure safety and security for the proposed project and do not result in spillover impacts to adjacent streets and properties.

Signage & Gas Station Marketeer Policy Statement
Details on proposed signage are included on Sheets A2.20 and A3.00 of the attached plan-set (Exhibit B). Proposed signage includes one building sign, canopy signage, and changes to the existing monument sign at the corner of Union Landing Boulevard and Alvarado-Niles Road, which will include the Chevron hallmark.

The Gas Station Marketeer Policy Statement (Included as Appendix F to the Draft IS/MND) establishes criteria and operational practices for gas stations with convenience stores. The proposed project is consistent as it does not include any arcade activities, no outdoor storage or display prohibited by the policy statement, and public amenities (i.e. restroom and air and water facilities) are provided.

C. California Environmental Quality Act
In accordance with CEQA and its implementing Guidelines, a Draft and Final IS/MND has been prepared for the City by Helix Environmental Planning Inc and is attached to this staff report (Exhibit A). The document is organized by volumes. Final Initial Study/Mitigated Negative Declaration Volume I contains comments received on the Draft IS/MND and responses to those comments. The Final IS/MND and associated technical appendices are included as Volume II of the Final IS/MND.

The Draft IS/MND was sent out for public review on August 23, 2024, for a thirty-day period, which concluded on September 23, 2024. The Draft IS/MND identified several environmental resource areas (Air Quality, Biological Resources, Cultural Resources, Energy, Geology, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology/Water Quality, Tribal Cultural Resources, and Mandatory Findings of Significance) that would potentially be affected by the proposed project.

City Council/RSA Agenda 1214 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
(AG-24-002), (A-24-002), (UP-24-005), (SD-24-007),
31300 Alvarado-Niles Road, Page 11
Mitigation measures were identified that would reduce any potential impacts to a less-thansignificant level. These mitigation measures are commonly applied to new construction projects, as well as the operation of projects. The full discussion and text of the mitigation measures is provided in the IS/MND, and are summarized here as follows:
• Air Quality (AQ-1), requires conformance with the Bay Area Air Quality Management District (BAAQMD) Basic Construction Mitigation Measures to mitigate impacts to air quality, as well as to energy resources through the latest improvements to energy efficiency;
• Biological Resources (BIO-01), establishes protocols to avoid and minimize impacts to nesting birds;
• Cultural Resources (CUL-1 and CUL-2), establishes protocols for identification and protection of archeological resources or human remains in the event any are found; • Geology and Soils (GEO-1 and GEO-2), requires a geotechnical report to identify and minimize geologic and seismic hazards; GEO-2 would be implemented to protect paleontological resources encountered during ground disturbance; • Greenhouse Gas Emissions (GHG-1 and GHG-2), requires the project use BAAQMD’s performance standard-based thresholds to reduce the generation of greenhouse gas emissions;
• Hazards and Hazardous Materials (HAZ-1,) establishes protocols to minimize impacts if hazardous materials are discovered during construction; • Hydrology and Water Quality (HYD-1), requires that prior to issuance of building permits for demolition and construction, the project applicant shall submit a Stormwater Control Plan (SCP) in accordance with current construction and post-construction State Water Resources Control Board, Alameda Countywide Clean Water Program requirements, and the Municipal Regional Stormwater Permit for the project area for review and approval by the Union City Public Works Department.

The City received three comment letters during the 30-Day IS/MND public review period. Two comment letters were received from the Alameda County Water District and one from the Union Sanitary District. In response to the letter from Union Sanitary District, information has been added to the IS/MND clarifying the location and size of the trash enclosure proposed onsite and about the Union Sanitary District’s role in wastewater management. In response to City Council/RSA Agenda 1215 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
(AG-24-002), (A-24-002), (UP-24-005), (SD-24-007),
31300 Alvarado-Niles Road, Page 12
comments from the Alameda County Water District, information has been added about ACWD approvals, coordination with ACWD in relation to the monitoring well located onsite, and language has been added to mitigation measure HAZ-1 regarding excavation activities in areas of known soil and groundwater contamination.

The Final IS/MND includes an Errata sheet detailing the revisions from the Draft to the Final IS/MND, as well as a Mitigation Monitoring and Reporting Program (MMRP), which includes the full text of the mitigation measures, as well as the timing of the measures and the responsible entities charged with ensuring that the measures are implemented.

Outreach Process
A notice of public hearing describing the proposed City actions regarding the Draft IS/MND was mailed on September 26, 2024. The Draft IS/MND was also submitted to the State Clearinghouse on that date for distribution to State agencies potentially affected by the project.

Subsequent to the completion of the 30-day review period, the State Clearinghouse had received no comments by State agencies.

Consistent with SB 18, and due to the amendment to the General Plan, on March 14, 2023, the City sent letters to 11 tribal representatives via certified mail notifying them of the proposed amendments. On April 4, 2023, Corrina Gould, Tribal Chair of the Confederated Villages of Lisjan Nation, responded requesting a Tribal Chair Gould reached out again on October 2, 2024, requesting that the Confederated Villages of Lisjan Nation be notified if a discovery is made that may be of Native American origin; though her comment was outside of the 30-day public comment period, the City was able to comply with this request. No other responses were received. Copies of these letters are provided in Appendix H.

Study Session
A Study Session was held for the project at the September 19, 2024, Planning Commission meeting. The Planning Commissioners received a presentation by staff of the proposed project, as well as the findings from the environmental review that finds that the impacts from the project are less than significant per the thresholds established in the CEQA Guidelines with implementation of the mitigation measures listed above. A copy of the staff report is attached for reference as Attachment 1.

III. REQUIRED FINDINGS
City Council/RSA Agenda 1216 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
(AG-24-002), (A-24-002), (UP-24-005), (SD-24-007),
31300 Alvarado-Niles Road, Page 13
Staff recommends that the Planning Commission recommend adoption of the IS/MND and recommend approval of General Plan Amendment (AG-24-002), Zoning Map Amendment (A24-002), Use Permit (UP-24-005), and Site Development Review (SD-24-007), to the City Council, subject to conditions, making the following specific findings in support of this recommendation of approval.

California Environmental Quality Act
Pursuant to the California Environmental Quality Act, the advisory body of a public agency making a recommendation shall consider the proposed negative declaration or mitigated negative declaration before making its recommendation. The location of the documents upon which the consideration is based shall be specified.

1. Pursuant to CEQA Guidelines Section 15074, any advisory body of a public agency making a recommendation to the decision-making body shall consider the proposed negative declaration or mitigated negative declaration before making its recommendation.

The Planning Commission independently reviewed and considered the proposed Mitigated Negative Declaration (MND) and associated documents at a publicly noticed Study Session on September 19, 2024, and at a public hearing on October 17, 2024, prior to making a recommendation to the City Council. The MND reflects the lead agency’s independent judgment and analysis, that the document has been completed in compliance per the requirements of CEQA and the CEQA Guidelines and, on the basis of the whole record, all potential environmental impacts from the project will remain less than significant with the incorporation of mitigation measures and by adhering to the Mitigation Monitoring and Reporting Program enclosed herein.

2. Pursuant to CEQA Guidelines Section 15091(e), the public agency shall specify the location and custodian of the documents or other material which constitute the record of the proceedings upon which its decision is based.

The documents and other materials that constitute the record of proceedings upon which the Planning Commission has based its recommendation are located in and may be obtained from the Office of the City Clerk at 34009 Alvarado-Niles Road, Union City, California.

General Plan Amendment
Pursuant to Government Code Section 65358(a), the proposed General Plan Amendment is in the public interest.

City Council/RSA Agenda 1217 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
(AG-24-002), (A-24-002), (UP-24-005), (SD-24-007),
31300 Alvarado-Niles Road, Page 14

1. The proposed General Plan Amendment is in the public interest as it will facilitate a renovation of an existing service station furthering the goals and policies of the General Plan. The proposed General Plan amendment will ensure consistency with the proposed Zoning Map amendment, which is required for the service station renovation project since service stations and gas station marketeers are not allowed in the CUL Zoning District. For more information, see discussion below under “Zoning Map Amendment.”
Zoning Map Amendment
Municipal Code Section 18.64.060 requires that, when considering Zoning Map Amendments, the Planning Commission shall provide a recommendation to the City Council on the following:

1. Recommendation whether or not the application should be granted or denied, including the reasons for the recommendation;
Staff recommends the application should be granted. The zoning map amendment is required to rezone the lot from CUL to CC, where service stations and gas station marketeers are a conditionally permitted use. The proposed zoning map amendment associated with the general plan amendments will align zoning and general plan boundaries as well as the historic and current use of the property while maintaining a use similar to the predominant uses adjacent to the site, which are primarily commercial.

2. The relationship of the application or proposal to the general plan and any applicable specific plans; and
The proposed zoning map amendment will ensure consistency between the Official Zoning Map and the 2040 General Plan Land Use Diagram. The proposed Zoning Map Amendment is consistent with the General Plan designation of Retail Commercial as amended, because the proposed Zoning Map Amendment from CUL to CC is necessary to be consistent with the General Plan designation of Retail Commercial and the intent of the General Plan policies for commercial areas. The proposed zoning map amendment is consistent with the General Plan because the CC zoning standards will further the goals and policies of the General Plan for redevelopment necessary for adapting to new retail trends, for community convenience, and to remain competitive.

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

The zoning map amendment is necessary to achieve the purpose of Title 18, because the amendment will promote the orderly and beneficial development of the site.

Use Permit
City Council/RSA Agenda 1218 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
(AG-24-002), (A-24-002), (UP-24-005), (SD-24-007),
31300 Alvarado-Niles Road, Page 15
Section 18.56.070 of the Zoning Ordinance requires that the Planning Commission make a recommendation to the City Council based on the following findings in granting Use Permit approval. Below each finding is a discussion of how the project meets the required finding.

1. That the proposed location of the conditional use is in accord with the purposes of Title 18 and the purposes of the district in which the site is located; The location of the use, as conditioned, is in accord with the purpose of Title 18 of the Municipal Code and with the purpose of the CC Zoning District, because it will continue an existing service station use that serves the people of Union City, offering a new and expanded convenience store, fueling canopy, and electric vehicle charging stations. The new service station will be conveniently located adjacent to the City’s primary regional shopping destination, Union Landing, as well as near other commercial and residential uses.

2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; The location of the use, as conditioned, will not be detrimental to the public health, safety, welfare, or materially injurious to properties within the vicinity. The project has been designed to minimize impacts to the adjacent properties and is conditioned to require submittal of security and lighting plans for review by the City, including Police Department staff. Additionally, the project will adhere to the Mitigation Monitoring and Reporting Program ensuring that all potential environmental impacts will remain less than significant per the thresholds established in the CEQA Guidelines, all required conditions of approval from the City, and responsible agencies’ requirements pertaining to public health, safety, and welfare.

3. That the proposed conditional use is consistent with the general plan, any applicable specific plans, and will comply with each of the applicable provisions of Title 18.

The use is generally consistent with the subject property's proposed General Plan designation of Retail Commercial, which allows for various community-serving retail uses. The service station use, as conditioned, will comply with provisions of the Municipal Code including all applicable provisions of Title 18. There are no applicable specific plans.

Site Development Review
Section 18.76.045 of the Zoning Ordinance requires that the Planning Commission make a recommendation to the City Council based on the following findings in granting Site City Council/RSA Agenda 1219 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
(AG-24-002), (A-24-002), (UP-24-005), (SD-24-007),
31300 Alvarado-Niles Road, Page 16
Development Review approval. Below each finding is a discussion of how the project meets the required finding.

1. Approval of this application is consistent with the General Plan and any applicable specific plans;
The project is generally consistent with the subject property's proposed General Plan designation of Retail Commercial, which allows for various community-serving retail uses. In addition, the project is consistent with General Plan Policy CD-1.1 Improve the City Image, CD-1.6 Crime Prevention Through Environmental Design, and RC-6.3 Solar Technology on Private Buildings. The project will provide an attractive new site design with structures with updated architecture and materials designed to complement the buildings in the vicinity, including on the lot east and adjacent (the iFly) and new landscaping at one of the City’s major intersections, which is also at a primary entry to the Union Landing Shopping Center; the project also provides a site design to prevent crime through the use welllit spaces and readily visible pedestrian accesses. Further, the project will feature solar paneling on the top of the fueling canopy, as well as electric vehicle (EV)charging stations, both of which will reduce consumption of sources of energy that release greenhouse gases that are harmful to the environment.

There are no applicable specific plans.

2. Approval of this application is consistent with the purpose of Title 18 and the requirements of the CC Zoning District; and
The project, as conditioned, is consistent with the purpose of Title 18, which seeks to promote and protect the public health, safety, morals, comfort, convenience, and the general welfare of the people; the proposed project, as conditioned, is consistent with the applicable requirements for the CC Zoning District.

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

The project is consistent with the purpose of Site Development Review as it would result in an expanded new convenience store with an updated and modern architectural design, a new trash enclosurefinished to match the new convenience store, electric vehicle (EV) charging stations at parking spaces, and other site improvements such as new landscaping and new ADA accessible pedestrian connection to the Union Landing Transit Center.

IV. ALTERNATIVES
City Council/RSA Agenda 1220 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
(AG-24-002), (A-24-002), (UP-24-005), (SD-24-007),
31300 Alvarado-Niles Road, Page 17

1. Recommend approval to the City Council of General Plan Amendment (AG-24-002), Zoning Map Amendment (A-24-002), Use Permit (UP-24-005), and Site Development Review (SD-24- 007) as proposed;

2. Recommend approval to the City Council of General Plan Amendment (AG-24-002), Zoning Map Amendment (A-24-002), Use Permit (UP-24-005), and Site Development Review (SD-24- 007) with modified conditions;

3. Recommend denial to the City Council of General Plan Amendment (AG-24-002), Zoning Map Amendment (A-24-002), Use Permit (UP-24-005), and Site Development Review (SD-24- 007)with stated findings; or

4. Continue the matter for further consideration.

V. CONDITIONS OF APPROVAL

PLANNING DIVISION
For more information regarding the following conditions, contact Natalie Dean at (510)675-5382 or [email protected].

General

2. This application shall expire one year from the date of City Council approval unless building permits have been issued and construction diligently pursued.

3. The applicant and/or property owner shall include an annotated copy of the approved City Council Resolution for Use Permit (UP-24-005) and Site Development Review (SD24-007) with each set of detailed construction plans submitted for plan check review.

City Council/RSA Agenda 1221 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
(AG-24-002), (A-24-002), (UP-24-005), (SD-24-007),
31300 Alvarado-Niles Road, Page 18

Building Materials and Finishes

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

Landscaping

The final landscape plan will be subject to review and approval by the City’s consulting Landscape Architect. Additional fees for consultant’s review and inspection are required City Council/RSA Agenda 1222 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
(AG-24-002), (A-24-002), (UP-24-005), (SD-24-007),
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to be paid with the building permit fees. A final inspection of the installed landscaping and irrigation shall be completed prior to the issuance of the Certificate of Occupancy. a. Trees shall be 24” box size.
b. The applicant and/or property owner shall be responsible for maintaining all irrigation and landscaping and shall replace any dead or dying vegetation on the entire site for the life of the project.

10. The applicant and/or property owner shall provide a cash deposit equal to 50% of the estimated installation cost of the landscaping, up to $10,000.00, in order to ensure the installation of the planting shown on the approved landscape plan. The required deposit shall be submitted to the Economic and Community Development Department prior to the issuance of building permits. The project landscaping shall be installed and inspected, pursuant to the above-stated requirements, prior to issuance of a Certificate of Occupancy for the building.

Fees

11. Prior to issuance of building permit, the applicant/property owner shall pay all applicable fees that are in effect at the time of building permit issuance.

Miscellaneous

City Council/RSA Agenda 1223 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
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14. Prior to issuance of building permits, in conformance with the provisions listed in Chapter 12.40 Art In Public Places Program, the applicant/property owner shall submit a proposal for on-site public art for review by Planning Division staff and approval by the Arts and Culture Committee or pay an in-lieu fee.

15. Prior to issuance of the building permit, applicant/property owner shall submit a detailed security plan for review and approval by the Union City Police Department and Planning Division.

BUILDING DIVISION
For assistance complying with requirements for the Building Division, please contact Chief Building Official, Chuck Venook, (510) 675-5314, email: [email protected].

17. The applicant/property owner shall maintain all public and exterior private improvements in compliance with the Americans with Disabilities Act (ADA).

18. Any construction shall fully comply with the Building Standard Codes in effect at the time of building permit issuance.

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

City Council/RSA Agenda 1224 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
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31300 Alvarado-Niles Road, Page 21

FIRE DEPARTMENT
For assistance complying with requirements for fire prevention and safety, please contact Bonnie S. Terra, Division Chief, Alameda County Fire, 925-833-3473 ext. 1210, email:

[email protected].

22. Plans must meet building and fire codes adopted at time of the building plan submittal.

23. Structures will need to be equipped with fire sprinklers as required by local ordinance.

The applicant/property owner must have a licensed C-16 contractor design a sprinkler system for structures and submit the design set and plans for review and approval to the City of Union City for review. New fire sprinkler systems will require new services, which must be installed by ACWD forces from the main to the system side of the backflow prevention device at the expense of the applicant/property owner. If there are water constraints, applicant/property owner shall pay for any necessary upgrades to the ACWD system. Prior to building permit issuance, the applicant/property owner must show the new sprinkler system on the plans submitted for building permits. They may be noted as a deferred submittal.

PUBLIC WORKS DEPARTMENT
For assistance complying with requirements for public works, please contact City Engineer, Farooq M. Azim, (510) 675-5368, email: [email protected].

24. The applicant/property owner shall secure an encroachment permit from the Public Works Department for all work in the public right-of-way. The applicant shall be responsible for any repairs required adjacent to the development, including paving, curbs and gutters, sidewalks, driveways and streetlights, or installation of same where not existing, as required by the City Engineer.

25. The applicant/property owner shall apply for an Encroachment Permit, pay a fee and post a Bond for all work in the public right-of-way, including trenching, roadwork and concrete, etc

27. The applicant shall provide a detailed breakdown of the engineer’s estimate for all onCity Council/RSA Agenda 1225 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
(AG-24-002), (A-24-002), (UP-24-005), (SD-24-007),
31300 Alvarado-Niles Road, Page 22
site work including site demolition, grading, storm drainage facilities, Stormwater treatment facilities, paving, sidewalk, curb & Gutter, ramps, concrete items, lighting and landscaping. The Plan Check & Inspection Fees will be based upon this estimate.

29. Grading Permit submittal shall clarify the areas where new asphalt pavement is being installed. Any existing pavement must be slurry sealed prior to restriping the parking lot.

34. The applicant/property owner shall show all existing and proposed utilities on the Grading Permit submittal.

35. In order to prevent trash from entering the public storm drainage system, the applicant/property owner shall install full trash capture devices (TCD), as approved by the City Engineer, at all new or existing storm drain inlets (curb inlets) located along the perimeter of the development in the public right-of-way. Any proposed storm drainage City Council/RSA Agenda 1226 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
(AG-24-002), (A-24-002), (UP-24-005), (SD-24-007),
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inlets on site shall also be fitted with the appropriate Contact the Public Works Department to determine approved TCD model. Show location(s) of TCD on Grading Permit submittal.

36. Prior to issuance of grading and building permits, the applicant/property shall provide a plan showing the new Gateway feature, path, and any related improvements from the project site to the Union City Transit Center for review and approval by Public Works Department, Transit Division, Building Division and Planning Division staff. Plans shall address the following:
• Existing Gateway Arch shall be filled in to match design of adjacent bus stop to ensure architectural consistency. Chain rope in this area shall also be repaired to original condition.
• A new Gateway feature shall be installed in the location of the new ADA connection to the Union City Transit Center, which shall be consistent with the architectural theme of the Union City Transit Center. Gateway feature shall be similar in massing to the existing Gateway arch to the extent feasible. The siting of the new Gateway feature may require relocation of the existing light pole and replacement of the existing tree.
• The applicant shall ensure that the proposed design of the pathway meets ADA requirements and allows for a safe and direct path to cross the bus bays in the Unio City Transit Center. To assist the applicant in meeting this requirement, the City has retained the services of a Certified Access Specialist (CASp) expert whose guidance should be used as a reference when designing the ADA access path. The applicant shall be responsible for reimbursing the City for the cost of this service. • Plans shall show details of directional signage to and from the Union City Transit Center. This could be accomplished by adding wording to the Gateway feature.

38. The applicant/property owner shall replace the cracked portions of the easterly driveway on Alvarado-Niles Road. It is recommended that the entire driveway be replaced with City Council/RSA Agenda 1227 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
(AG-24-002), (A-24-002), (UP-24-005), (SD-24-007),
31300 Alvarado-Niles Road, Page 24
the renovation project for longevity.

39. Construction activity on-site shall comply with Section 9.40.053 of the Union City Municipal Code, and is limited to the following hours:

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

Saturday - 9:00 a.m. to 8:00 p.m. (If permitted)
Sundays & Holidays - 10:00 a.m. to 6:00 p.m. (If permitted)

40. The applicant shall ensure that contractors comply with the hours of work noted above.

In addition, due to the location of the project site at a busy intersection, construction traffic activities that could impact traffic movement shall be limited to the non-commute hours of between 9am and 3:30 pm.

A. Water all active construction areas at least twice daily.

B. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard.

C. Apply water three times daily to all unpaved areas on the site or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites.

D. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites.

E. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets.

Compressors: Air or liquid lines contaminated with oil/hydrocarbons shall drain City Council/RSA Agenda 1228 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
(AG-24-002), (A-24-002), (UP-24-005), (SD-24-007),
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to sanitary sewer. These activities shall be clearly delineated in the plans and specifications submitted for building permits.

B. Metal roofs, including galvanized, shall be coated and/or treated to minimize runoff of metallic materials and salts. Lead and copper materials or solders shall not be used.

C. Paved outdoor storage, staging, or lay down areas shall be designed to limit the potential for storm water runoff to contact pollutants. Bulk materials stored outdoors shall be covered.

D. Landscaping shall be designed with efficient irrigation practices to reduce runoff, promote surface infiltration, and to minimize the need for fertilizers and pesticides. All landscaping shall be properly maintained.

E. Sidewalks, parking lots, driveways and other paved areas under private ownership/management shall be regularly swept to prevent the accumulation of litter and debris. If water is used, it shall be collected, along with any debris before entering the storm drain system. Discharge of wash waters from parking lots, sidewalks, etc. to the sanitary sewer system requires the approval of the Union Sanitary District.

The Public Works Department may require additional cleaning as warranted.

Maintenance and cleaning records shall be maintained at the site.

G. On-site storm drain inlets shall be labeled “No Dumping - Drains to Bay” using a stencil approved by the Public Works Department.

H. The applicant shall ensure compliance with all of the following best management practices by making sure that all contractors, subcontractors and suppliers are aware of all storm water pollution prevention measures and their implementation City Council/RSA Agenda 1229 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
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requirements.

N. Trash enclosures and/or recycling containers, paved outdoor storage, staging, or lay down areas shall be designed and constructed to prevent pollutants from entering storm drain system.

O. The applicant shall create a contained and covered area on the site for the storage of bags of cement, paints, flammables, oils, fertilizers, pesticides or any other materials used on the project site that have the potential of becoming a pollutant City Council/RSA Agenda 1230 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
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and/or being discharged to the storm drain system.

During wet weather, the applicant should avoid excavation and other activities that lead to pollutants entering storm water such as driving vehicles on unpaved areas, etc.

Q. Outdoor washing or pressure washing shall be managed to prevent pollutants from getting into storm water and/or into the storm drain system.

ENVIRONMENTAL PROGRAMS
For assistance complying with requirements for public works, please contact Andy Block, Environmental Programs Manager, (510) 675-5368, email: [email protected].

46. The owner/applicant shall maintain a complete and accurate Hazardous Materials Business Plan permit application in the California Environmental Reporting System (CERS) in accordance with the current hazardous materials permit issued by the Union City Environmental Programs Division.

47. Owner/applicant shall receive Environmental Programs Division approval prior to the issuance of building permits.

City Council/RSA Agenda 1231 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
(AG-24-002), (A-24-002), (UP-24-005), (SD-24-007),
31300 Alvarado-Niles Road, Page 28

ALAMEDA COUNTY WATER DISTRICT / UNION SANITARY DISTRICT For assistance complying with requirements for Alameda County Water District, please contact Sean O'Reilly, PE, Development Services Manager, [email protected] or (510) 668-4472.

For assistance complying with requirements for Union Sanitary District, please contact Andrew Baile, Assistant Engineer, 510-477-7633 or [email protected].

CEQA MITIGATION MEASURES
Air Quality

53. AQ-1: Basin Construction Mitigation Measures
City Council/RSA Agenda 1232 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
(AG-24-002), (A-24-002), (UP-24-005), (SD-24-007),
31300 Alvarado-Niles Road, Page 29
Prior to issuing construction permits, the City shall specify on all grading, building, and other construction permits for the project, implementation of the following Basin Construction Mitigation Measures:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of the California Code of Regulations).

Biological Resources

54. BIO-1: Avian Nesting Surveys
If project (construction) ground-disturbing and grubbing activities commence during the avian breeding season (February 1 through August 31), a qualified biologist shall conduct a pre-construction nesting bird survey no more than 14 days prior to initiation of project activities. The survey area shall include suitable raptor nesting habitat within 500 feet of City Council/RSA Agenda 1233 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
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31300 Alvarado-Niles Road, Page 30
the project boundary (inaccessible areas outside of the project site can be surveyed from the site or from public roads using binoculars or spotting scopes). Pre-construction surveys are not required in areas where project activities have been continuous prior to February 1, as determined by a qualified biologist. Areas that have been inactive for more than 14 days during the avian breeding season must be re-surveyed prior to resumption of project activities. If no active nests are identified, no further mitigation is required. If active nests are identified, the following measure is required:
• A suitable buffer (e.g., typically 300-500 feet for raptors; and 50-100 feet for passerines) shall be established by a qualified biologist around active nests and no construction activities within the buffer shall be allowed until a qualified biologist has determined that the nest is no longer active (i.e., the nestlings have fledged and are no longer reliant on the nest, or the nest has failed). Encroachment into the buffer may occur at the discretion of a qualified biologist. Any encroachment into the buffer shall be monitored by a qualified biologist to determine whether nesting birds are being impacted.

Cultural Resources

56. CUL-2: Avoid and Minimize Impacts Related to Accidental Discovery of Human Remains.

City Council/RSA Agenda 1234 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
(AG-24-002), (A-24-002), (UP-24-005), (SD-24-007),
31300 Alvarado-Niles Road, Page 31
The discovery of human remains is always a possibility during a project. If such an event did occur, the specific procedures outlined by the Native American Heritage Commission, in accordance with Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the Public Resources Code, must be followed:

2. The project owner or their authorized representative will contact the Alameda County Coroner.

Geology and Soils

58. GEO-2: Paleontological Resources Mitigation
City Council/RSA Agenda 1235 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
(AG-24-002), (A-24-002), (UP-24-005), (SD-24-007),
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Prior to the start of construction, construction workers shall receive on-site training regarding identification of paleontological resources. If any paleontological resources are encountered during site grading or other construction activities, all ground disturbance shall be halted until the services of a qualified paleontologist can be retained to identify and evaluate the scientific value of the resource(s) and, if necessary, recommend mitigation measures to document and prevent any significant adverse effects on the resource(s). Significant paleontological resources shall be salvaged and deposited in an accredited and permanent scientific institution, such as the University of California Museum of Paleontology.

Greenhouse Gas Emissions

Hazards and Hazardous Materials

61. HAZ-1: Hazardous Materials Management
The following measures would be incorporated to minimize potential hazardous materials impacts.
a. The City shall ensure that grading plans, other improvement plans and building permits include a statement specifying that if hazardous materials contamination is discovered or suspected during construction activities, then all work shall stop immediately until the Union City Environmental Programs Division has determined an appropriate course of action. Such actions may include, but would not be limited to, site investigation, human health and environmental risk assessment, implementation of a health and safety plan, and remediation and/or site management City Council/RSA Agenda 1236 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
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controls. Any site investigation and recommendations for mitigation, as necessary, shall be completed by a qualified professional and submitted to the City. b. Construction Workers shall receive on-site training regarding the potential for previously unknown and/or residual soil or groundwater contamination to be present. Training shall be conducted by a qualified professional in hazardous materials handling. The training shall identify the appropriate steps to be taken by the contractor upon discovery of potentially contaminated material. If excavation activities are to take place in an area of known soil and/or groundwater contamination, only construction workers who are trained in OSHA’s Hazardous Waste and Emergency Response standard (HAZWOPER) shall perform this work. c. In the event previously unknown and/or residual contaminated soil, groundwater, or subsurface features are encountered, work on-site shall cease immediately, and the applicant’s contractor and/or site qualified professional shall notify the Union City Planning and Environmental Programs Divisions.
d. Applicant shall make all required reports to regulatory agencies if possible contamination is discovered. The Union City Environmental Programs Division shall be responsible for assessing the degree of compliance and the effectiveness of risk mitigation efforts required by regulatory agencies, and reporting to the planning Division whether risks have been satisfactorily abated in accordance with the requirements of this measure.
e. The City shall ensure that a Spill Prevention, Control, and Countermeasure (SPCC) plan is prepared to address potential spills during the emptying of the on-site fuel tanks and that the plan shall include immediate response actions in the case of an accidental spill or release of potentially hazardous materials.

Hydrology and Water Quality

62. HYD-1: Stormwater Control Plan
City Council/RSA Agenda 1237 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
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Prior to issuance of a grading permit, the project applicant shall submit a Stormwater Control Plan (SCP) in accordance with current construction and post-construction State Water Resources Control Board, Alameda Countywide Clean Water Program requirements, and the Municipal Regional Stormwater Permit for the project area for review and approval by the Union City Public Works Department. The SCP shall be implemented throughout project construction and project operation. The SCP shall include treatment measures and design features that will be incorporated into project design and construction to reduce the pollutant load in stormwater discharges and to manage runoff flows. The SCP shall describe construction stormwater BMPs that will be implemented to minimize the migration of sediments off-site. Typical construction BMPs can include covering soil stockpiles, sweeping soil from streets or other paved areas, performing site-disturbing activities in dry periods, and planting vegetation or landscaping quickly after disturbance to stabilize soils. Other typical stormwater BMPs include erosion and sediment control measures such as wattles, covers, silt fences, installing stabilized construction entrances and/or corrugated steel plates, protecting existing curb inlets with filter fabric and sandbags in the vicinity of the project.

If applicable, required, the applicant shall execute and implement an operations and maintenance agreement (O&M) with the City to provide for the maintenance of all onsite stormwater treatment features and devices in perpetuity The requirements stipulated in the O&M agreement shall apply to current and all future owners of the property. Prior to issuance of the certificate of occupancy, the applicant shall provide proof of recording this agreement at the Alameda County Clerk Recorder’s Office. The applicant shall submit to the Union City Public Works Department annual inspection reports with the requirements stipulated in the O&M agreement.

City Council/RSA Agenda 1238 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
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VI. RECOMMENDATION
Staff recommends that the Planning Commission recommend that the City Council adopt the Mitigated Negative Declaration and recommend approval of General Plan Amendment (AG24-002), Zoning Map Amendment (A-24-002), Use Permit (UP-24-005), and Site Development Review (SD-24-007), subject to the above conditions, making the following specific findings in support of this approval.

California Environmental Quality Act
a. The Planning Commission independently reviewed and considered the proposed Mitigated Negative Declaration (MND) and associated documents at a publicly noticed Study Session on September 19, 2024, and at a public hearing on October 17, 2024, prior to making a recommendation to the City Council. The MND reflects the lead agency’s independent judgment and analysis, that the document has been completed in compliance per the requirements of CEQA and the CEQA Guidelines and, on the basis of the whole record, all potential environmental impacts from the project will remain less than significant with the incorporation of mitigation measures and by adhering to the Mitigation Monitoring and Reporting Program enclosed herein.; and
b. The documents and other materials that constitute the record of proceedings upon which the Planning Commission has based its recommendation are located in and may be obtained from the Office of the City Clerk at 34009 Alvarado-Niles Road, Union City, California.; and General Plan Amendment
c. That the proposed General Plan Amendment is in the public interest as it will facilitate a renovation of an existing service station furthering the goals and policies of the General Plan. The proposed General Plan amendment will ensure consistency with the proposed Zoning Map amendment, which is required for the service station renovation project since service stations and gas station marketeers are not allowed in the CUL Zoning District. For more information, see discussion below under “Zoning Map Amendment;” and,
Zoning Map Amendment
d. That staff recommends the application should be granted. The zoning map amendment is required to rezone the lot from CUL to CC, where service stations and gas station marketeers are a conditionally permitted use. The proposed zoning map amendment associated with the general plan amendments will align zoning and general plan boundaries as well as the historic and current use of the property while maintaining the predominant uses adjacent to the site, which are primarily commercial; and City Council/RSA Agenda 1239 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
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e. That the proposed zoning map amendment will ensure consistency between the Official Zoning Map and the 2040 General Plan Land Use Diagram. The proposed Zoning Map Amendment is consistent with the General Plan designation of Retail Commercial as amended, because the proposed Zoning Map Amendment from CUL to CC is necessary to be consistent with the General Plan designation of Retail Commercial and the intent of the General Plan policies for commercial areas. The proposed zoning map amendment is consistent with the General Plan because the CC zoning standards will further the goals and policies of the General Plan for redevelopment necessary for adapting to new retail trends, for community convenience, and to remain competitive; and f. That the zoning map amendment is necessary to achieve the purpose of Title 18, because the amendment will promote the orderly and beneficial development of the site; and Use Permit
g. That the location of the use, as conditioned, is in accord with the purpose of Title 18 of the Municipal Code and with the purpose of the CC Zoning District, because it will continue an existing service station use that serves the people of Union City, offering a new and expanded convenience store, fueling canopy, and electric vehicle charging stations. The new service station will be conveniently located adjacent to the City’s primary regional shopping destination, Union Landing, as well as near other commercial and residential uses; and
h. That the location of the use, as conditioned, will not be detrimental to the public health, safety, welfare, or materially injurious to properties within the vicinity. The project has been designed to minimize impacts to the adjacent properties and is conditioned to require submittal of security and lighting plans for review by the City, including Police Department staff. Additionally, the project will adhere to the Mitigation Monitoring and Reporting Program ensuring that all potential environmental impacts will remain less than significant per the thresholds established in the CEQA Guidelines, all required conditions of approval from the City, and responsible agencies’ requirements pertaining to public health, safety, and welfare; and
i. That the use is generally consistent with the subject property's proposed General Plan designation of Retail Commercial, which allows for various community-serving retail uses. The service station use, as conditioned, will comply with provisions of the Municipal Code including all applicable provisions of Title 18. There are no applicable specific plans; and Site Development Review
j. That the project is generally consistent with the subject property's proposed General Plan designation of Retail Commercial, which allows for various community-serving retail uses. In addition, the City Council/RSA Agenda 1240 Tuesday, November 19, 2024 Planning Commission Staff Report, October 17, 2024
(AG-24-002), (A-24-002), (UP-24-005), (SD-24-007),
31300 Alvarado-Niles Road, Page 37
project is consistent with General Plan Policy CD-1.1 Improve the City Image, CD-1.6 Crime Prevention Through Environmental Design, and RC-6.3 Solar Technology on Private Buildings. The project will provide an attractive new site design with structures with updated architecture and materials designed to complement the building on the lot east and adjacent (the iFly) and new landscaping at one of the City’s major intersections, which is also at a primary entry to the Union Landing Shopping Center; the project also provides a site design to prevent crime through the use well-lit spaces and readily visible pedestrian accesses. Further, the project will feature solar paneling on the top of the fueling canopy, as well as electric vehicle (EV)charging stations, both of which will reduce consumption of sources of energy that release greenhouse gases that are harmful to the environment. There are no applicable specific plans; and k. That the project, as conditioned, is consistent with the purpose of Title 18, which seeks to promote and protect the public health, safety, morals, comfort, convenience, and the general welfare of the people; the proposed project, as conditioned, is consistent with the applicable requirements for the CC Zoning District; and
l. That the project is consistent with the purpose of Site Development Review as it would result in an expanded new convenience store with an updated and modern architectural design, a new trash enclosure finished to match the new convenience store, electric vehicle (EV) charging stations at parking spaces, and other site improvements such as new landscaping and new ADA accessible pedestrian connection to the Union Landing Transit Center.

Prepared by
Natalie Dean, Associate Planner
Exhibits
Exhibit A: Draft and Final Initial Study & Mitigated Negative Declaration and Appendices A-I
Exhibit B: Project Plans
Exhibit C: General Plan Amendment Exhibits
Exhibit D: Zoning Map Amendment Exhibit
Attachment 1 : Study Session Staff Report & Desk Item from September 19, 2024 City Council/RSA Agenda 1241 Tuesday, November 19, 2024 Planning Commission Minutes 1 October 17, 2024

CITY OF UNION CITY

MINUTES FOR THE REGULAR PLANNING COMMISSION MEETING
ON THURSDAY, OCTOBER 17, 2024, AT 7:06 P.M.

IN THE COUNCIL CHAMBERS OF CITY HALL
34009 ALVARADO-NILES ROAD
UNION CITY, CA 94587

AND VIA TELECONFERENCE

1. CALL TO ORDER
A. PLEDGE OF ALLEGIANCE
B. ROLL CALL
PRESENT: Vice Chairperson Seyi Mclelland and Commissioners Ignacio Romero, Amandeep Sandhu and Alternate Commissioners
Kevin Finnerty and Prairna Gupta Garg
ABSENT: Chairperson Jo Ann Lew and Commissioner Lee Guio STAFF: Derek Farmer (Planning Manager); Natalie Dean (Associate Planner); Juliet Vaughn (City Attorney); Farooq Azim (City Engineer) and Tracey Barragan (Administrative Assistant III)

2. APPROVAL OF MINUTES
A. The regular Planning Commission minutes for August 15, 2024.

The regular Planning Commission minutes for August 15, 2024 were accepted as submitted.

B. The regular Planning Commission minutes for September 5, 2024.

The regular Planning Commission minutes for September 5, 2024 were accepted as submitted.

3. ORAL COMMUNICATIONS: None

4. WRITTEN COMMUNICATIONS: None

5. PUBLIC HEARINGS
A. CONTINUED HEARINGS: None
B. NEW HEARINGS:

1. H&S ENERGY PRODUCTS, INC., GENERAL PLAN
AMENDMENT (AG-24-002), ZONING MAP AMENDMENT (A-24-
002), USE PERMIT (UP-24-005); SITE DEVELOPMENT REVIEW
(SD-24-007); Samir Hijazi, as applicant, on behalf of H&S Energy Products, LLC., the property owner, is seeking a 1) General Plan Amendment (AG-24-002) to modify the Land Use Map included in Chapter 3, Land Use, to update the
designation for the property from Regional Retail Commercial to Retail Commercial and update several Union Landing
exhibits included in Chapter 9, Special Areas, a 2) Zoning Map Attachment 6: Draft Planning Commission Minutes dated 10/17/2024 City Council/RSA Agenda 1242 Tuesday, November 19, 2024 Planning Commission Minutes 2 October 17, 2024
Amendment (A-24-002) to update the zoning designation for the property from Union Landing Commercial to Community Commercial, 3) Use Permit approval (UP-24-005) for the
service station use, and 4) Site Development Review approval (SD-24-007) for demolition of the existing fuel dispensing station and convenience store/auto repair bays and
construction of a new 2,875 square foot solar canopy over four (4) fuel dispensing islands, a 2,375 square foot convenience store, and related improvements. The subject property is located at 31300 Alvarado-Niles Road (APN: 463-0104-006-00).

In accordance with the California Environmental Quality Act (CEQA), a draft Initial Study/Mitigated Negative Declaration has been prepared for the project.

Natalie Dean, Associate Planner, provided an extensive PowerPoint presentation for H&S Energy Products, Inc. request for the following entitlements: General Plan Amendment (AG-24-002), Zoning Map Amendment (A-24-002), Use Permit (UP-24-005) and Site Development Review (SD24-007).

Erin Gustafson, Helix Environmental Planning, Inc., 1180 Iron Point Road, Suite 130, Folsom, CA, Environmental Project Manager, continued the PowerPoint presentation and provided an overview of the Initial Study/Mitigated Negative Declaration (IS/MND), which concludes the mitigation measures being proposed will reduce the potential impacts of the project to a less than significant level. All mitigation measures, public outreach and public comment letters received were highlighted. The Draft IS/MND was circulated for public comment from August 23, 2024 through September 23, 2024 and the Final IS/MND includes responses to comments, text changes and a Mitigation Monitoring and Reporting Program (MMRP). All mitigation measures, public outreach, public comment letters received and responses to comments were highlighted.

Ms. Dean also highlighted the discussions and feedback that was provided during the Planning Commission Study Session on September 19, 2024, and the California Environmental Quality Act (CEQA); General Plan Amendment, Zoning Map Amendment, Use Permit and Site Development Review Findings required for the approval of the project.

Ms. Dean recommended the Planning Commission make the specific findings as listed in the staff report and as modified by the Desk Item contained in the October 17, 2024 staff report and adopt resolutions recommending the City Council:
• Adopt the Mitigated Negative Declaration
• Approve General Plan Amendment (AG-24-002)
• Approve Zoning Map Amendment (A-24-002)
• Approve Use Permit (UP-24-005); and
• Approve Site Development Review (SD-24-007)
Commissioner Finnerty asked staff to clarify the setback for the convenience store from iFly Indoor Skydiving.

Ms. Dean referenced the Zoning Ordinance requirements for the Community Commercial (CC) Zoning District and Table 2-Development Standards as shown on Page 6 of the October 17, 2024 staff report that outlines the front, side and rear setback requirements. The setback was calculated using the height of 17 feet and the only part of the building that is 22 feet in height is the tower above the entrance. The setback of 1 foot and 7 inches is the appropriate setback for the corner of the convenience store from iFly Indoor Skydiving.

City Council/RSA Agenda 1243 Tuesday, November 19, 2024 Planning Commission Minutes 3 October 17, 2024
Commissioner Finnerty referenced Condition 16 of the Planning Division Conditions of Approval, and asked the purpose of the condition that requires Prior to final approval of the project, applicant/property owner shall have implemented the Metropolitan Transportation Commission’s Clipper transit card. Contact Steve Adams, Transit Manager, City of Union City, phone 510.675.5446 or email [email protected].

Ms. Dean explained the gas station owner agreed to sell Clipper transit cards which can be used at the Union Landing Transit Center.

Commissioner Finnerty referenced the presentation from the Planning Commission Study Session and discussion that identifies the service station as a legally non-conforming use within the Union Landing Shopping Center and includes an explanation for the rationale for permitting the service station. Staff was to identify the benefits of the project which is to be clarified with findings and recommendations, but that information is not included in the staff report.

Ms. Dean stated the findings to approve the project are included in the staff report.

Derek Farmer, Planning Manager identified the findings to approve the project as included in Section VI of the staff report dated October 17, 2024.

Commissioner Finnerty referenced Exhibit B, which provides the details for the landscaping and commented the way the lot is laid out there is a triangular area to the east of the convenience store building with a proposal for bushes and trees. He asked how accessible that area is to the public, particularly at the southeast corner and rear of the building, which can be an attractive area where legal or illegal activities could occur and should be screened from public view. He asked how the area will be monitored.

Ms. Dean noted the plans show a Concrete Masonry Unit (CMU) wall in that area and the applicant contracted with a security company in the past, which she understood will continue. A security and lighting plan will be required to be submitted, to be reviewed by the Police Department and the Economic and Community Development Department.

Commissioner Finnerty agreed the Police Department review the area since it can be an area of concern and it is possible a camera surveillance system will be required.

Ms. Dean reiterated a security plan will be submitted. The project includes conditions for a security plan to be submitted and be reviewed by the Police Department and the project already has been reviewed with input from the Police Department. A lighting plan will also be reviewed by the Police Department and the Economic and Community Development Department.

Commissioner Finnerty again referenced Exhibit B and his understanding there will be different times when the three trash bins will be emptied via a push pull service. He is concerned with the possibility of the garbage trucks in the entrance way significantly impacting the flow of traffic around the lot and the potential for conflicts between vehicles and garbage trucks.

Ms. Dean referenced the project circulation exhibit and suggested a garbage truck can easily enter the parking lot and empty the trash bins.

Mr. Farmer clarified the push pull service means the trash carts should not be out for very long.

He agreed the garbage trucks can quickly exit the site after pick-up since the site plan shows the garbage truck can enter and exit via a right turn, and the time the truck will be on the site will likely be brief.

Ms. Dean noted the trucks for waste management will come early in the morning at a time when there is little traffic to the site.

City Council/RSA Agenda 1244 Tuesday, November 19, 2024 Planning Commission Minutes 4 October 17, 2024
Commissioner Finnerty asked where the air and water services will be located.

Ms. Dean identified the location of the services on the plans.

Commissioner Finnerty referenced the plans for the marquee sign and his understanding pricing for ethanol (E85) fuel must be depicted in a yellow color rather than the blue color depicted on the plans for the marquee sign.

Ms. Dean suggested the applicant clarify that information.

Commissioner Romero referenced the trash enclosures, which will be next to the Americans with Disabilities Act (ADA) parking space, and asked if the parking space will be impacted.

Ms. Dean acknowledged there may be an impact if someone parked in the ADA parking spaces at the same time the trash cans are picked-up but the intent is for the garbage trucks to get into the site as quickly as possible and then leave. The push pull service means the waste management company will have a key to the trash enclosure and be able to pull the trash out and push back in, or an employee at the store can do the push pull of the bins.

Commissioner Romero suggested signage be added to allow the person parking in the ADA parking space to be made aware of the trash pickup time periods and the potential to hinder the driver.

Ms. Dean confirmed that information could be considered.

Commissioner Romero asked what will be done to ensure water runoff from the trash cans do no impact storm drains.

Ms. Dean advised the water from the trash from within the enclosure is required to not contaminate the runoff, which will involve the grade of the location for the slab for the enclosure to be designed on the inside so that the grade will go down on the inside to the drain and water will run off of the roof of the trash enclosure and onto the clean ground, to be directed down and away from the trash enclosure.

Commissioner Romero understood the trash enclosure will have a roof to protect the containers inside.

Ms. Dean confirmed this is a requirement of the Union Sanitary District (USD).

Mr. Farmer stated additional language is included in the environmental document as reflected in the Errata on Page 4 of Exhibit A, Chevron/Power Market Project, Final IS/MND Declaration Volume I, which includes additional details related to the trash enclosure as requested by the USD.

Commissioner Romero asked who will be responsible for the control of traffic during construction, the applicant or the Union City Public Works Department.

Farooq Azim, City Engineer advised that when construction is occurring on-site the entire area will be fenced, traffic will be unable to enter the area and there will be no operation of the gas station during construction. Any construction along the perimeter and in the public right-of-way (ROW) involves traffic control but no work will occur in the ROW with all work to be done on-site.

The applicant is responsible for having a traffic control system set up and inspectors will ensure there are no hazards to traffic.

Commissioner Romero understood there will be no impacts to tribal lands and that the tribal groups were contacted about the project.

City Council/RSA Agenda 1245 Tuesday, November 19, 2024 Planning Commission Minutes 5 October 17, 2024
Ms. Gustafson confirmed under CEQA, tribal consultation was conducted with no tribal resources raised as issues by the tribes.

Commissioner Sandhu referenced the canopy size which she pointed out is larger than it had been shown in the previous iteration. She asked staff to clarify.

Ms. Dean suggested the applicant provide clarification.

Commissioner Sandhu asked about the time anticipated for construction.

Ms. Dean reported the applicant has informed staff construction will take 12 months.

Commissioner Sandhu asked if the business will be open or closed during construction.

Ms. Dean deferred to the applicant to provide clarification.

Mr. Farmer stated given the complete reconstruction of the site, the site will be closed during construction, although the applicant will provide confirmation and clarification.

Commissioner Gupta Garg is pleased to see a new project in the City. She referenced the proposed site plan and the location of Electric Vehicle (EV) charging stations and while she understood the applicant will comply with requirements, she asked if the gas station will become a more robust EV charging station.

Ms. Dean noted the plans show two EV charging stations. The mitigation measures require a third parking space that will be EV compatible.

Ms. Gustafson further clarified the requirement for three EV parking spaces on-site to be wired for EV chargers. The applicant plans to provide two EV chargers as part of the project and a third parking space that can have another EV charger added in the future.

Commissioner Gupta Garg suggested the applicant consider dual EV charger points rather than a single EV charger point. She is pleased to see the use of solar but asked why the roof of the convenience store did not include solar panels.

Ms. Dean clarified that solar panels were initially proposed for the canopy but due to City comments the applicant removed the panels. She understood when applying for building permits, the applicant may integrate solar technology into the project.

Mr. Farmer explained that staff initially wanted solar on the canopy over the fuel islands, but the Building Official determined that is not a good location given the fuel underneath. Per the Desk Item, a substitution for a General Plan Policy was proposed pertaining to solar, with a more broad energy efficient policy and with the applicant to comply with all Title 24 requirements. The applicant will work with the Title 24 consultant to incorporate Title 24 technology.

Commissioner Gupta Garg asked if solar will be considered on the roof of the convenience store.

Mr. Farmer reiterated the applicant will consider all Title 24 requirements for energy conservation and will prepare a package to be reviewed by the Building Official once the building plans are submitted for the project. Mr. Farmer added that while the General Plan contained policies referring to energy conservation, the requirements for energy conservation measures and components were contained in the California Building Code and Title 24.

Commissioner Gupta Garg asked the location of the bicycle parking on the site plan.

City Council/RSA Agenda 1246 Tuesday, November 19, 2024 Planning Commission Minutes 6 October 17, 2024
Ms. Dean stated the applicant agreed to add bicycle parking and that may have to be added as a condition of approval.

Commissioner Gupta Garg referenced the northeast side and asked if any signage or pedestrian signage was proposed to address traffic from the Union Landing Transit Center to attract more foot traffic to the convenience store.

Ms. Dean stated the only signage proposed is on the fascia of the canopy but she can make a note that can be considered by the Economic and Community Development Department.

Commissioner Gupta Garg also referenced the north side of the property and proposed building mounted lighting. She asked if there is adequate street lighting.

Ms. Dean reported a photometric plan is required and when submitted it would be reviewed by the Union City Police Department and the Economic and Community Development Department.

Commissioner Gupta Garg referenced Sheet A0.10, Existing Site Plan, which indicates the existing access to the transit station will be closed and asked if that will occur during the duration of construction.

Ms. Dean advised the existing access will be closed and relocated farther to the west since the current configuration for the pedestrian access to the transit center from the project site requires one to walk on the side of the building between the store and the transit center, and which the Police Department had reviewed. The access is being relocated so that it can be visible from Alvarado-Niles Road and be illuminated.

Commissioner Gupta Garg referenced Sheet A0.11, Site Plan, which indicates the access point will remain and new access will be provided. She asked for clarification.

Ms. Dean reiterated the existing access point will be closed and a new access point will be opened.

Commissioner Gupta Garg noted the site plan will have to be updated since Sheet A0.11 again shows the new access and the existing access.

Ms. Dean understood that when someone accesses the transit center from the Chevron site, they will walk to the sidewalk on the transit center property, make a right, walk down to the existing crosswalk in front of the existing gateway access to be closed,and use the existing ramps to the crosswalk that will remain. Staff decided that a new crosswalk in front of the new access entrance was something to be avoided. A better design is to access the sidewalk, take a right and walk across to the existing crosswalk. She noted the access point will be reviewed for ADA accessibility and is currently under review.

Commissioner Gupta Garg commented the notes on Sheet A0.10 may be incorrect since it noted the existing access will be closed.

Ms. Dean identified an existing gateway structure on the plans at the existing access point and pointed out that is the area to be closed because it will be obscured by the new convenient store The existing access is currently open and for safety reasons will be closed as a way to access the transit center. Again, the intent is that the access point be relocated a few feet to the west, well-lit, and will be easily visible from Alvarado-Niles Road, whereas it would not be visible the access remained at it current location.

Vice Chairperson Mclelland asked the distance from iFly Indoor Skydiving to the corner of the convenience store.

City Council/RSA Agenda 1247 Tuesday, November 19, 2024 Planning Commission Minutes 7 October 17, 2024
Ms. Dean advised that it will be approximately 20 feet with landscaping in between.

Mr. Farmer clarified the setback is approximate since it did not line up 100 percent and was approximately 20 feet.

Vice Chairperson Mclelland understood the location of the convenience store will be relocated to the corner since the applicant needs more space and staff confirmed that is the case.

Commissioner Finnerty referenced the gateway and the possibility of placing signage identifying the convenience store. He asked if signage can be placed indicating AC Transit is located behind the gateway.

Ms. Dean identified the comprehensive conditions of approval under the Public Works Department that addresses those issues, as reflected in Condition 36, and as shown on Page 23 of the October 17, 2024, staff report.

Commissioner Finnerty referenced the triangular area of the convenience store that had a concrete wall, which is only 4 feet in height. He asked when the Police Department reviews the plans if a condition can be imposed to increase the height of the wall to prevent people from getting behind the wall and the area becoming an attractive nuisance. He suggested access to the area be restricted with camera surveillance provided. He also commented on the concerns with someone parked in the ADA parking space nearest the trash enclosure getting blocked in and recommended signage be considered that lists the date and time the trash will be picked-up, with people parking at their own risk.

Ms. Dean made a note of the recommendations.

Mr. Farmer commented there is no condition that requires fencing and asked if Commissioner Finnerty wanted to add a condition to address the concerns raised.

Commissioner Finnerty suggested that be left to the experts with the Police Department and City staff to review.

Mr. Farmer noted the concerns will be recorded in the meeting minutes.

Commissioner Sandhu asked why the ADA parking had been split into two different locations on the site; one near the trash enclosure and one near the northeast area of the site.

Ms. Dean suggested the applicant provide clarification why the ADA parking spaces had been located where they had on the plans.

Mr. Azim described the site as constrained, and that influenced the location of the ADA parking stalls.

Ms. Dean also clarified the applicant decided to place one of the EV charging stations in front of the ADA space on the east side.

Commissioner Sandhu also referenced the lighting plan and asked for the installation of a light pole adjacent to the ADA parking space. She added there is no lighting proposed on the civic facility side where there will be pedestrian traffic.

Ms. Dean identified the location of the light poles as shown on the site plans and as reflected by a symbol on the plans.

City Council/RSA Agenda 1248 Tuesday, November 19, 2024 Planning Commission Minutes 8 October 17, 2024
Commissioner Romero asked if consideration was made to ensure the City did not set a precedent and change other zoning designations in the same area given the change of the zoning for the property from Union Landing Commercial (CUL) to CC.

Mr. Farmer described the project as a unique case given the property setting and referenced other, recent gas station projects that were approved in Zoning Districts that allowed gas stations as conditional uses.

Mr. Farmer explained if the project consists of minor improvements, it would not require a General Plan Amendment and rezone but given this is a demo and complete rebuild it requires the entitlements, as described. Also, the Regional Retail Commercial designation allows for commercial uses serving citywide or regional markets with large floor areas. The Retail Commercial designation allows for smaller scale uses such as retail, personal services and the like, with smaller floor area ratios, making the designation more appropriate for the retail sales of gasoline and the on-site convenience store.

PUBLIC COMMENTS OPENED
Waseem Rasheed, representing Archissance, 3185 Airway Avenue, Suite F1, Costa Mesa, CA, representing the Applicant Samir Hijazi, stated pursuant to California Green Codes, EV charging stations are required to have accessible parking, with the parking as shown on the lot, as required by code and why the ADA parking spaces are not located together.

Commissioner Sandhu asked why the canopy size is larger than the previous iteration.

Mr. Rasheed explained the canopy had to be enlarged to protect the fuel pumps and to provide proper shade. The canopy will have lights that will help to illuminate the area. The convenience store building and parking lot will also have external lights and once construction starts a photometric study will be submitted.

Commissioner Sandhu asked if the business will be closed during construction.

Mr. Rasheed confirmed the business must be closed during construction. The business cannot operate without the convenience store because that is where the monitoring system is located.

The applicant will coordinate construction with the City and proceed accordingly.

Commissioner Gupta Garg asked if the applicant considered solar on the roof of the convenience store.

Mr. Rasheed reiterated the applicant will have to comply with the Green Building Code, State Building Code and Title 24, and if solar is required, they will comply but will have to take into consideration the height of the iFly Indoor Skydiving building to determine if they can get a solar angle.

Commissioner Romero asked about the location and visibility of the emergency shut off for the gas station.

Mr. Rasheed identified the emergency shut off to be located in a prominent location on the exterior wall, usually near the entrance.

Commissioner Romero asked if access or visibility to the emergency shut off will be hindered given the proximity of the two ADA parking spaces. He wanted assurance the emergency shut off will be visible to the public and that visibility will not be hindered.

Mr. Rasheed reiterated the emergency shut off will be on an exterior wall and required to comply with certain rules and be located in a prominent location if needed to be shut off in an emergency.

City Council/RSA Agenda 1249 Tuesday, November 19, 2024 Planning Commission Minutes 9 October 17, 2024

PUBLIC COMMENTS CLOSED
Commissioner Finnerty moved that the Planning Commission make the specific findings as listed in the staff report, as modified by the Desk Item contained in the October 17, 2024, staff report, and adopt resolutions recommending the City Council:
• Adopt the Mitigated Negative Declaration
• Approve General Plan Amendment (AG-24-002)
• Approve Zoning Map Amendment (A-24-002)
• Approve Use Permit (UP-24-005); and
• Approve Site Development Review (SD-24-007)
Commissioner Gupta Garg seconded. A Roll Call vote was taken.

The motion passed 5-0. UNANIMOUS
Mr. Rasheed thanked the Planning Commission and City staff for working as a team and considering the project.

6. SUPPLEMENTAL STAFF REPORTS
A. CONTINUED REPORTS: None
B. NEW REPORTS: None

7. ECONOMIC DEVELOPMENT REPORTS: None

8. COMMISSION MATTERS
A. Follow-Up on Planning Commission Referrals to the City Council Mr. Farmer reported the City Council will consider the just-approved application for H&S Energy Products, Inc. at a Special Meeting on November 19, 2024.

B. Upcoming Applications for the Regular Planning Commission Meeting on November 7, 2024.

Mr. Farmer reported the Planning Commission meeting scheduled for November 7, 2024 will be canceled.

9. GOOD OF THE ORDER
Commissioner Romero announced the month of October is Breast Cancer Awareness Month, an important time for women and others seeking testing.

Commissioner Sandhu reported the 5K Fun Run will be held on October 19, 2024 with a fee of $38, and with the event to run from 8:00 a.m. to 12:00 p.m., and a Halloween Carnival will be held on October 27, 2024 at the Ruggieri Senior Center and will be free of charge.

Vice-Chairperson Mclelland asked everyone and their families to stay safe during the Halloween holiday.

10. ADJOURNMENT: 8:40 P.M.

City Council/RSA Agenda 1250 Tuesday, November 19, 2024 Desk Item
DATE: OCTOBER 17, 2024
TO: PLANNING COMMISSION
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: GENERAL PLAN AMENDMENT (AG-24-002), ZONING MAP AMENDMENT (A-24-002), USE PERMIT (UP-24-005), SITE DEVELOPMENT REVIEW (SD-24-007)
Staff made a minor text change to a finding for Site Development Review letter j., Section VI.

Recommendation, as follows (shown in red italics).

The project is generally consistent with the subject property's proposed General Plan designation of Retail Commercial, which allows for various community-serving retail uses. In addition, the project is consistent with General Plan Policy CD-1.1 Improve the City Image, CD-1.6 Crime Prevention Through Environmental Design, and RC6.1 Reduced Energy Consumption. The project will provide an attractive new site design with structures with updated architecture and materials designed to complement the buildings in the vicinity, including on the lot east and adjacent (the iFly) and new landscaping at one of the City’s major intersections, which is also at a primary entry to the Union Landing Shopping Center; the project also provides a site design to prevent crime through the use well-lit spaces and readily visible pedestrian accesses. Further, the project will feature electric vehicle (EV) charging stations, which will reduce consumption of sources of energy that release greenhouse gases that are harmful to the environment. There are no applicable specific plans.

Attachment 7: Planning Commission Desk Item dated 10/17/2024 City Council/RSA Agenda 1251 Tuesday, November 19, 2024 PLANNING COMMISSION RESOLUTION NO. 11-24

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UNION CITY

RECOMMENDING THE CITY COUNCIL OF THE CITY OF UNION CITY ADOPT THE

MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND

REPORTING PROGRAM FOR THE CHEVRON/POWER MARKET PROJECT
WHEREAS, Samir Hijazi of Archissance, on behalf of H & S Energy Products, LLC, is requesting General Plan Amendment (AG-24-002), Zoning Map Amendment (A-24-002), Use Permit (UP-24-005) and Site Development Review (SD-24-007) approvals to demolish an existing service station, construct a new 2,875 square foot canopy over four (4) fuel dispensing islands and 2,375 square foot convenience store and related improvements including updates to the connection to the Union City Transit Center located at 32080 Union Landing Blvd., hereinafter referred to as the “Project”; and
WHEREAS, the Project site consists of 21,902 Square Feet (0.502 Acres) (“Property”) and is located at 31300 Alvarado-Niles Road (APN: 463-0104-006-00); and WHEREAS, the Project site has a General Plan designation of Regional Retail Commercial and a Zoning designation of Union Landing Commercial (CUL); and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), a Draft Mitigated Negative Declaration and associated Initial Study was prepared for the Project, which determined the Project would not result in any significant impacts with the incorporation of mitigation measures; and
WHEREAS, the City provided notification to California Native American tribes consistent with and Assembly Bill 52 (Chapter 532, Statutes 2014) and received a comment from a representative of the Confederated Villages of Lisjan Nation requesting a copy of technical reports and records searches related to the Project; a response was provided August 23, 2024, and included all documentation requested; and
WHEREAS, pursuant to Section 15073 of the CEQA Guidelines, a Notice of Intent to Adopt a Mitigated Negative Declaration (NOI) was prepared for the Project and included a 30-day public review period that began on August 23, 2024, and ended on September 23, 2024; and WHEREAS, pursuant to Section 15072 of the CEQA Guidelines, the NOI was mailed to owners and occupants of real property adjacent to the Property and to individuals and/or organizations who had previously requested such notice and posted at the Alameda County Clerk’s Office for the duration of the public review period; and WHEREAS, the Planning Commission held a publicly noticed Study Session to review the Draft Mitigated Negative Declaration and associated Initial Study and Project on September 19, 2024. The staff report and attachments are incorporated herein by reference; and WHEREAS, in response to comments received during the 30-day public review period and to correct and clarify some text from the Draft Mitigated Negative Declaration and associated Initial Study, a Final Mitigated Negative Declaration and associated Initial Study was prepared; and Attachment 8: Draft Planning Commission Resolution Recommending Adoption of the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program
City Council/RSA Agenda 1252 Tuesday, November 19, 2024 WHEREAS, the Final Mitigated Negative Declaration and associated Initial Study are labeled Exhibit A, attached hereto and made a part hereof; and WHEREAS, pursuant to Section 15074 of the CEQA Guidelines, a Mitigation Monitoring and Reporting Program was prepared and is labeled Exhibit B, attached hereto and made a part hereof; and
WHEREAS, on October 17, 2024, a duly advertised public hearing was held before the Planning Commission of the City of Union City to consider the Final Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and associated Project entitlements prepared for the Project at which time all interested parties had the opportunity to be heard.

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 does hereby find as follows:

1. That the Planning Commission independently reviewed and considered the proposed Mitigated Negative Declaration and associated documents at a publicly noticed Study Session on September 19, 2024, and at a public hearing on October 17, 2024, prior to making a recommendation to the City Council. The Mitigated Negative Declaration reflects the lead agency’s independent judgment and analysis, that the document has been completed in compliance per the requirements of CEQA and the CEQA Guidelines and, on the basis of the whole record, all potential environmental impacts from the project will remain less than significant with the incorporation of mitigation measures and by adhering to the Mitigation Monitoring and Reporting Program enclosed herein.

2. The documents and other materials that constitute the record of proceedings upon which the Planning Commission has based its recommendation are located in and may be obtained from the Office of the City Clerk at 34009 Alvarado-Niles Road, Union City, California.

BE IT FURTHER RESOLVED that the Planning Commission of the City of Union City hereby recommends that the City Council adopt the Mitigated Negative Declaration in Exhibit A, and the Mitigation Monitoring and Reporting Program in Exhibit B, respectively, in accordance with the requirements of CEQA.

City Council/RSA Agenda 1253 Tuesday, November 19, 2024 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 October 17, 2024, by the following vote:

AYES: (Mclelland, Romero, Sandhu, Finnerty, Gupta Garg) NOTES: 0
ABSTAINED: 0
ABSENT: (Guio, Lew)
MOVED: Finnerty
SECONDED: Gupta Garg

APPROVED
_____________________________
Seyi Mclelland, Vice Chairperson
ATTEST:
________________________
Derek Farmer, Secretary
City Council/RSA Agenda 1254 Tuesday, November 19, 2024 PLANNING COMMISSION RESOLUTION NO. 12-24

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UNION CITY

RECOMMENDING THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVE GENERAL PLAN AMENDMENT (AG-24-002) TO REDESIGNATE THE PROPERTY AT 31300 ALVARADO-NILES ROAD (APN 463-0104-006-00) FROM REGIONAL RETAIL

COMMERCIAL TO RETAIL COMMERCIAL ON THE GENERAL PLAN LAND USE

DIAGRAM AND UPDATE RELATED FIGURES TO ENSURE CONSISTENCY WITH THE

ZONING MAP AMENDMENTTO ALLOW THE CHEVRON/POWER MARKET

PROJECT
WHEREAS, by Resolution No. 5549-19, duly adopted by the City Council of Union City on December 10, 2019, there was adopted documents consisting of text, maps, and charts, entitled Union City 2040 General Plan, dated December 10, 2019, which included the reports in support thereof as the Union City General Plan; and
WHEREAS, Samir Hijazi of Archissance, on behalf of H & S Energy Products, LLC, is requesting General Plan Amendment (AG-24-002), Zoning Map Amendment (A-24-002), Use Permit (UP-24-005) and Site Development Review (SD-24-007) approvals to demolish an existing service station, construct a new 2,875 square-foot canopy over four (4) fuel dispensing islands, and a 2,375 square-foot convenience store and related improvements including updates to the connection to the adjacent Union City Transit Center, hereinafter referred to as the “Project” ; and WHEREAS, the Project site consists of 21,902 Square Feet (0.502 Acres) (“Property”) and is located at 31300 Alvarado-Niles Road (APN: 463-0104-006-00); and WHEREAS, the Project site has a General Plan designation of Regional Retail Commercial and a Zoning designation of Union Landing Commercial (CUL); and WHEREAS, the applicant has applied for a General Plan Amendment (AG-24-002) to redesignate the Project site from Regional Retail Commercial to Retail Commercial on the General Plan Land Use Diagram and update related exhibits to ensure internal consistency within the General Plan and with the Zoning Map amendment, which will amend the Zoning Map designation at the Project site from CUL to Community Commercial (CC), where service stations and gas station marketeers are a conditionally permitted use; and
WHEREAS, the recommended changes to the text and figures of the General Plan are contained in Exhibit A, attached hereto and made part hereof; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration was prepared for the Project, which determined the Project would not result in any significant impacts with the incorporation of mitigation measures; and WHEREAS, the City provided notification to California Native American tribes consistent with Government Code § 65352.3 (SB 18) and received a comment from a representative of the Confederated Attachment 9: Draft Planning Commission Resolution Recommending Approval of General Plan Amendment (AG-24-002)
City Council/RSA Agenda 1255 Tuesday, November 19, 2024 Villages of Lisjan Nation requesting a copy of technical reports and records searches related to the Project; a response was provided August 23, 2024, and included all documentation requested; and WHEREAS, the City provided notification to local and regional agencies/entities consistent with Government Code §65352 and received feedback, which is summarized and attached to the Planning Commission staff report prepared for the project dated October 17, 2024 incorporated herein by reference; and
WHEREAS, a publicly noticed study session on the Project was held by the Planning Commission on September 19, 2024. The staff report and attachments are incorporated herein by reference; and
WHEREAS, pursuant to Section 65353 of the Government Code, the Planning Commission held a duly noticed public hearing on the General Plan Amendment (AG-24-002) and associated Project entitlements on October 17, 2024, at which time all interested parties had the opportunity to be heard.

The Planning Commission reviewed and considered the Mitigated Negative Declaration, and a staff report dated October 17, 2024, incorporated herein by reference, and all written and oral testimony; and WHEREAS, at the public hearing on October 17, 2024, the Planning Commission adopted Resolution No. 11-24 recommending the City Council adopt the Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program making all required findings in compliance with the requirements of CEQA.

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 the City Council approve General Plan Amendment, AG-24-002, to amend the General Plan as contained in Exhibit A and does hereby find as follows:

1. Pursuant to Government Code Section 65358(a), the proposed General Plan Amendment is in the public interest as it will facilitate a renovation of an existing service station furthering the goals and policies of the General Plan. The proposed General Plan amendment will ensure consistency with the proposed Zoning Map amendment, which is required for the service station renovation project since service stations and gas station marketeers are not allowed in the CUL Zoning District. The General Plan amendment will also facilitate consistency between the site’s General Plan designation and historic/current use of the property.

City Council/RSA Agenda 1256 Tuesday, November 19, 2024 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 October 17, 2024, by the following vote:

AYES: (Mclelland, Romero, Sandhu, Finnerty, Gupta Garg) NOTES: 0
ABSTAINED: 0
ABSENT: (Guio, Lew)
MOVED: Finnerty
SECONDED: Gupta Garg

APPROVED
____________________________
Seyi Mclelland, Vice Chairperson
ATTEST:
______________________
Derek Farmer, Secretary
City Council/RSA Agenda 1257 Tuesday, November 19, 2024 PLANNING COMMISSION RESOLUTION NO. 13-24

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UNION CITY

RECOMMENDING THE CITY COUNCIL OF THE CITY OF UNION CITY ADOPT AN ORDINANCE APPROVING ZONING MAP AMENDMENT (A-24-002) TO REZONE THE PROPERTY AT 31300 ALVARADO NILES ROAD (APN 463-0104-006-00) FROM UNION

LANDING COMMERCIAL (CUL) TO COMMUNITY COMMERCIAL (CC) FOR THE

CHEVRON/POWER MARKET PROJECT
WHEREAS, by Resolution No. 5549-19, duly adopted by the City Council of Union City on December 10, 2019, there were adopted documents consisting of text, maps, and charts, entitled Union City 2040 General Plan, dated December 10, 2019, which included the reports in support thereof as the General Plan of Union City; and
WHEREAS, Samir Hijazi of Archissance, on behalf of H & S Energy Products, LLC, is requesting General Plan Amendment (AG-24-002), Zoning Map Amendment (A-24-002), Use Permit (UP-24-005) and Site Development Review (SD-24-007) approvals to demolish an existing service station, construct a new 2,875 square-foot canopy over four (4) fuel dispensing islands, and a 2,375 square-foot convenience store and related improvements including updates to the connection to the adjacent Union City Transit Center, hereinafter referred to as the “Project” ; and
WHEREAS, the Project site consists of 21,902 Square Feet (0.502 Acres) (“Property”) and is located at 31300 Alvarado-Niles Road (APN: 463-0104-006-00); and WHEREAS, the applicant has applied for a Zoning Map Amendment (A-24-002) to amend the Zoning Map designation of the Project site from Union Landing Commercial (CUL) to Community Commercial (CC) , where service stations and gas marketeers are a conditionally permitted use. To ensure consistency with the Zoning Map amendment, a General Plan Amendment (AG-24-002) is also proposed to update the Land Use diagram from CUL to CR and to ensure internal consistency with other General Plan figures; and
WHEREAS, the proposed amendment to the Zoning Map is shown in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration was prepared for the Project, which determined the Project would not result in any significant impacts with the incorporation of mitigation measures; and WHEREAS, a publicly noticed study session on the Project was held by the Planning Commission on September 19, 2024. The staff report and attachments are incorporated herein by reference; and WHEREAS, pursuant to Section 65854 of the Government Code, the Planning Commission held a duly noticed public hearing on the Zoning Map Amendment (A-24-002) and associated Project entitlements on October 17, 2024, at which time all interested parties had the opportunity to be heard. The Planning Commission reviewed and considered the Mitigated Negative Declaration, and a staff report dated October 17, 2024, incorporated herein by reference, and all written and oral testimony; and Attachment 10: Draft Planning Commission Resolution Recommending Approval of Zoning Map Amendment (A-24-002)
City Council/RSA Agenda 1258 Tuesday, November 19, 2024 WHEREAS, at the public hearing on October 17, 2024, after consideration of the staff report, and all other recommendations, reports, and testimony, the Planning Commission adopted Resolution No. 12- 24 recommending the City Council approve General Plan Amendment (AG-24-002) to re-designate the site from Regional Retail Commercial to Retail Commercial.

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 the City Council adopt an ordinance approving Zoning Map Amendment (A-24-002), to amend the Zoning Map as contained in Exhibit A and does hereby find as follows:

1. The application should be granted. The zoning map amendment is required to rezone the lot from CUL to CC, where service stations and gas station marketeers are a conditionally permitted use. The proposed zoning map amendment associated with the general plan amendments will align zoning and general plan boundaries as well as the historic and current use of the property while maintaining a use similar to the predominant uses adjacent to the site, which are primarily commercial; and

2. The proposed zoning map amendment will ensure consistency between the Official Zoning Map and the 2040 General Plan Land Use Diagram. The proposed Zoning Map Amendment is consistent with the General Plan designation of Retail Commercial as amended, because the proposed Zoning Map Amendment from CUL to CC is necessary to be consistent with the General Plan designation of Retail Commercial and the intent of the General Plan policies for commercial areas. The proposed zoning map amendment is consistent with the General Plan because the CC zoning standards will further the goals and policies of the General Plan for redevelopment necessary for adapting to new retail trends, for community convenience, and to remain competitive; and

3. The zoning map amendment is necessary to achieve the purpose of Title 18, because the amendment will promote the orderly and beneficial development of the site.

City Council/RSA Agenda 1259 Tuesday, November 19, 2024 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 October 17, 2024, by the following vote:

AYES: (Mclelland, Romero, Sandhu, Finnerty, Gupta Garg) NOTES: 0
ABSTAINED: 0
ABSENT: (Guio, Lew)
MOVED: Finnerty
SECONDED: Gupta Garg

APPROVED
_____________________
Seyi Mclelland, Vice Chairperson
ATTEST:
_
_________________________
Derek Farmer, Secretary
City Council/RSA Agenda 1260 Tuesday, November 19, 2024 PLANNING COMMISSION RESOLUTION NO. 14-24

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UNION CITY

RECOMMENDING THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVE USE PERMIT (UP-24-005) AND SITE DEVELOPMENT REVIEW (SD-24-007) FOR

THE CHEVRON/POWER MARKET PROJECT

WHEREAS, Samir Hijazi of Archissance, on behalf of H & S Energy Products, LLC, is requesting General Plan Amendment (AG-24-002), Zoning Map Amendment (A-24-002) Use Permit (UP-24-005) and Site Development Review (SD-24-007) approvals to demolish an existing service station, construct a new 2,875 square-foot canopy over four (4) fuel dispensing islands, and a 2,375 square-foot convenience store and related improvements including updates to the connection to the adjacent Union City Transit Center, hereinafter referred to as the “Project”; and WHEREAS, the Project site consists of 21,902 Square Feet (0.502 Acres) (“Property”) and is located at 31300 Alvarado-Niles Road (APN: 463-0104-006-00); and WHEREAS, pursuant to Section 18.36.030(B) of the Union City Municipal Code (UCMC), service stations and gas station marketeers are classified as a conditional use permitted within the Community Commercial (CC) zoning district, thereby requiring the issuance of a Use Permit for the establishment of such use pursuant to the provisions of UCMC Chapter 18.56; and WHEREAS, the Project proposes substantial site improvements, as detailed in Exhibit A, attached hereto and made a part hereof, which require Site Development Review approval pursuant to UCMC Section 18.76.020; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), a draft Mitigated Negative Declaration was prepared for the Project, which determined the Project would not result in any significant impacts with the incorporation of mitigation measures; and WHEREAS, a publicly noticed study session on the Project was held by the Planning Commission on September 19, 2024. The staff report and attachments are incorporated herein by reference; and
WHEREAS, pursuant to Section 65905 of the Government Code, the Planning Commission held a duly noticed public hearing on October 17, 2024, to consider the Use Permit (UP-24-005) and Site Development Review (SD-24-007) and associated Project entitlements at which time all interested parties had the opportunity to be heard. The Planning Commission reviewed and considered the Mitigated Negative Declaration, a staff report dated October 17, 2024, incorporated herein by reference, and all written and oral testimony; and WHEREAS, at the public hearing on October 17, 2024, the Planning Commission adopted Resolution No. 11-24 recommending the City Council adopt the Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program making all required findings in compliance with the requirements of CEQA; and
Attachment 11: Draft Planning Commission Resolution Recommending Approval of the Use Permit (UP-24-005) and Site Development Review (SD-24-007) City Council/RSA Agenda 1261 Tuesday, November 19, 2024 WHEREAS, at the public hearing on October 17, 2024, after consideration of the staff report, and all other recommendations, reports, and testimony, the Planning Commission adopted Resolution No. 12-24 recommending the City Council approve General Plan Amendment (AG24-002) to re-designate the site from Regional Retail Commercial to Retail Commercial and Resolution No. 13-24 recommending the City Council adopt an ordinance for a Zoning Map Amendment to rezone the property from Union Landing Commercial (CUL) to Community Commercial (CC) (A-24-002).

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 the City Council approve Use Permit (UP-24-005) and Site Development Review (SD-24-007) and does hereby find as follows:

Use Permit

3. The use is generally consistent with the subject property's proposed General Plan designation of Retail Commercial, which allows for various community-serving retail uses.

4. That the project is generally consistent with the subject property's proposed General Plan designation of Retail Commercial, which allows for various community-serving retail uses.

In addition, the project is consistent with General Plan Policy CD-1.1 Improve the City Image, CD-1.6 Crime Prevention Through Environmental Design, and RC-6.1 Reduced City Council/RSA Agenda 1262 Tuesday, November 19, 2024 Energy Consumption. The project will provide an attractive new site design with structures with updated architecture and materials designed to complement the buildings in the vicinity, including on the lot east and adjacent (the iFly) and new landscaping at one of the City’s major intersections, which is also at a primary entry to the Union Landing Shopping Center; the project also provides a site design to prevent crime through the use well-lit spaces and readily visible pedestrian accesses. Further, the project will feature electric vehicle (EV) charging stations, which will reduce consumption of sources of energy that release greenhouse gases that are harmful to the environment. There are no applicable specific plans; and

BE IT FURTHER RESOLVED that the Planning Commission of the City of Union City hereby recommends that the City Council approve Use Permit (UP-24-005) and Site Development Review (SD-24-007), as set forth in Exhibit A, and based upon the following conditions of approval:

PLANNING DIVISION
General

2. This application shall expire one year from the date of City Council approval unless building permits have been issued and construction diligently pursued.

City Council/RSA Agenda 1263 Tuesday, November 19, 2024

Building Materials and Finishes

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

Landscaping

City Council/RSA Agenda 1264 Tuesday, November 19, 2024 b. The applicant and/or property owner shall be responsible for maintaining all irrigation and landscaping and shall replace any dead or dying vegetation on the entire site for the life of the project.

10. The applicant and/or property owner shall provide a cash deposit equal to 50% of the estimated installation cost of the landscaping, up to $10,000.00, in order to ensure the installation of the planting shown on the approved landscape plan. The required deposit shall be submitted to the Economic and Community Development Department prior to the issuance of building permits. The project landscaping shall be installed and inspected, pursuant to the above-stated requirements, prior to issuance of a Certificate of Occupancy for the building.

Fees

11. Prior to issuance of building permit, the applicant/property owner shall pay all applicable fees that are in effect at the time of building permit issuance.

Miscellaneous

Approved photometric plan shall be included in building permit submittal.

14. Prior to issuance of building permits, in conformance with the provisions listed in Chapter

15. Prior to issuance of the building permit, applicant/property owner shall submit a detailed security plan for review and approval by the Union City Police Department and Planning Division.

City Council/RSA Agenda 1265 Tuesday, November 19, 2024

BUILDING DIVISION
For assistance complying with requirements for the Building Division, please contact Chief Building Official, Chuck Venook, (510) 675-5314, email: [email protected].

17. The applicant/property owner shall maintain all public and exterior private improvements in compliance with the Americans with Disabilities Act (ADA).

18. Any construction shall fully comply with the Building Standard Codes in effect at the time of building permit issuance.

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

FIRE DEPARTMENT
For assistance complying with requirements for fire prevention and safety, please contact Bonnie S. Terra, Division Chief, Alameda County Fire, 925-833-3473 ext. 1210, email:

[email protected].

22. Plans must meet building and fire codes adopted at time of the building plan submittal.

23. Structures will need to be equipped with fire sprinklers as required by local ordinance. The applicant/property owner must have a licensed C-16 contractor design a sprinkler system for structures and submit the design set and plans for review and approval to the City of Union City for review. New fire sprinkler systems will require new services, which must be installed by ACWD forces from the main to the system side of the backflow prevention device at the expense of the applicant/property owner. If there are water constraints, applicant/property owner shall pay for any necessary upgrades to the ACWD system. Prior to building permit issuance, the applicant/property owner must show the new sprinkler City Council/RSA Agenda 1266 Tuesday, November 19, 2024 system on the plans submitted for building permits. They may be noted as a deferred submittal.

PUBLIC WORKS DEPARTMENT
For assistance complying with requirements for public works, please contact City Engineer, Farooq M. Azim, (510) 675-5368, email: [email protected].

24. The applicant/property owner shall secure an encroachment permit from the Public Works Department for all work in the public right-of-way. The applicant shall be responsible for any repairs required adjacent to the development, including paving, curbs and gutters, sidewalks, driveways and streetlights, or installation of same where not existing, as required by the City Engineer.

25. The applicant/property owner shall apply for an Encroachment Permit, pay a fee and post a Bond for all work in the public right-of-way, including trenching, roadwork and concrete, etc.

The Plan Check & Inspection Fees will be based upon this estimate.

29. Grading Permit submittal shall clarify the areas where new asphalt pavement is being installed. Any existing pavement must be slurry sealed prior to restriping the parking lot.

32. Grading Permit submittal shall identify where any required stormwater treatment measures are being installed on the site and include the calculations that demonstrate that at least the City Council/RSA Agenda 1267 Tuesday, November 19, 2024 minimum required size of the facility was installed. Plans shall show grades on the site which will allow the drainage to enter the treatment facility.

34. The applicant/property owner shall show all existing and proposed utilities on the Grading Permit submittal.

36. Prior to issuance of grading and building permits, the applicant/property shall provide a plan showing the new Gateway feature, path, and any related improvements from the project site to the Union City Transit Center for review and approval by Public Works Department, Transit Division, Building Division and Planning Division staff. Plans shall address the following:
• Existing Gateway Arch shall be filled in to match design of adjacent bus stop to ensure architectural consistency. Chain rope in this area shall also be repaired to original condition.
• A new Gateway feature shall be installed in the location of the new ADA connection to the Union City Transit Center, which shall be consistent with the architectural theme of the Union City Transit Center. Gateway feature shall be similar in massing to the existing Gateway arch to the extent feasible. The siting of the new Gateway feature may require relocation of the existing light pole and replacement of the existing tree.
• The applicant shall ensure that the proposed design of the pathway meets ADA requirements and allows for a safe and direct path to cross the bus bays in the Unio City Transit Center. To assist the applicant in meeting this requirement, the City has retained the services of a Certified Access Specialist (CASp) expert whose guidance should be used as a reference when designing the ADA access path. The applicant shall be responsible for reimbursing the City for the cost of this service. • Plans shall show details of directional signage to and from the Union City Transit Center. This could be accomplished by adding wording to the Gateway feature.

City Council/RSA Agenda 1268 Tuesday, November 19, 2024

39. Construction activity on-site shall comply with Section 9.40.053 of the Union City Municipal Code, and is limited to the following hours:

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

Saturday - 9:00 a.m. to 8:00 p.m. (If permitted)
Sundays & Holidays - 10:00 a.m. to 6:00 p.m. (If permitted)

A. Water all active construction areas at least twice daily.

B. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard.

C. Apply water three times daily to all unpaved areas on the site or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites.

D. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites.

E. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets.

These activities shall be clearly delineated in the plans and specifications submitted for building permits.

City Council/RSA Agenda 1269 Tuesday, November 19, 2024 B. Metal roofs, including galvanized, shall be coated and/or treated to minimize runoff of metallic materials and salts. Lead and copper materials or solders shall not be used.

C. Paved outdoor storage, staging, or lay down areas shall be designed to limit the potential for storm water runoff to contact pollutants. Bulk materials stored outdoors shall be covered.

D. Landscaping shall be designed with efficient irrigation practices to reduce runoff, promote surface infiltration, and to minimize the need for fertilizers and pesticides.

All landscaping shall be properly maintained.

The Public Works Department may require additional cleaning as warranted.

Maintenance and cleaning records shall be maintained at the site.

G. On-site storm drain inlets shall be labeled “No Dumping - Drains to Bay” using a stencil approved by the Public Works Department.

J. Discharge restrictions shall also apply to the operation of general construction machinery including masonry cutting equipment, and the washing of tools, brushes, containers, etc. These operations shall not be performed in the street, gutter, or where pollutants can enter the storm water system. Failure to comply with the City Council/RSA Agenda 1270 Tuesday, November 19, 2024 approved construction requirements will result in the issuance of correction notices, citations, or project stop work orders.

N. Trash enclosures and/or recycling containers, paved outdoor storage, staging, or lay down areas shall be designed and constructed to prevent pollutants from entering storm drain system.

During wet weather, the applicant should avoid excavation and other activities that lead to pollutants entering storm water such as driving vehicles on unpaved areas, etc.

Q. Outdoor washing or pressure washing shall be managed to prevent pollutants from getting into storm water and/or into the storm drain system.

ENVIRONMENTAL PROGRAMS
For assistance complying with requirements for public works, please contact Andy Block, Environmental Programs Manager, (510) 675-5368, email: [email protected].

43. The underground storage tank operating permit issued by the Union City Environmental Programs Division shall be maintained in continuous compliance throughout all site City Council/RSA Agenda 1271 Tuesday, November 19, 2024 development and construction activities; and, a Temporary Tank Closure application must be submitted to, and a Temporary Tank Closure permit issued by, the Union City Environmental Programs Division prior to site development, disturbance, or construction activities.

47. Owner/applicant shall receive Environmental Programs Division approval prior to the issuance of building permits.

City Council/RSA Agenda 1272 Tuesday, November 19, 2024

For assistance complying with requirements for Union Sanitary District, please contact Andrew Baile, Assistant Engineer, 510-477-7633 or [email protected].

CEQA MITIGATION MEASURES
Air Quality

53. AQ-1: Basin Construction Mitigation Measures
Prior to issuing construction permits, the City shall specify on all grading, building, and other construction permits for the project, implementation of the following Basin Construction Mitigation Measures:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of the California Code of Regulations).

Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator.
h. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action City Council/RSA Agenda 1273 Tuesday, November 19, 2024 within 48 hours. The air district’s phone number shall also be visible to ensure compliance with applicable regulations.

Biological Resources

54. BIO-1: Avian Nesting Surveys
If project (construction) ground-disturbing and grubbing activities commence during the avian breeding season (February 1 through August 31), a qualified biologist shall conduct a pre-construction nesting bird survey no more than 14 days prior to initiation of project activities. The survey area shall include suitable raptor nesting habitat within 500 feet of the project boundary (inaccessible areas outside of the project site can be surveyed from the site or from public roads using binoculars or spotting scopes). Pre-construction surveys are not required in areas where project activities have been continuous prior to February 1, as determined by a qualified biologist. Areas that have been inactive for more than 14 days during the avian breeding season must be re-surveyed prior to resumption of project activities. If no active nests are identified, no further mitigation is required. If active nests are identified, the following measure is required:
• A suitable buffer (e.g., typically 300-500 feet for raptors; and 50-100 feet for passerines) shall be established by a qualified biologist around active nests and no construction activities within the buffer shall be allowed until a qualified biologist has determined that the nest is no longer active (i.e., the nestlings have fledged and are no longer reliant on the nest, or the nest has failed). Encroachment into the buffer may occur at the discretion of a qualified biologist. Any encroachment into the buffer shall be monitored by a qualified biologist to determine whether nesting birds are being impacted.

Cultural Resources

56. CUL-2: Avoid and Minimize Impacts Related to Accidental Discovery of Human Remains.

City Council/RSA Agenda 1274 Tuesday, November 19, 2024 The discovery of human remains is always a possibility during a project. If such an event did occur, the specific procedures outlined by the Native American Heritage Commission, in accordance with Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the Public Resources Code, must be followed:

2. The project owner or their authorized representative will contact the Alameda County Coroner.

Geology and Soils

City Council/RSA Agenda 1275 Tuesday, November 19, 2024 Significant paleontological resources shall be salvaged and deposited in an accredited and permanent scientific institution, such as the University of California Museum of Paleontology.

Greenhouse Gas Emissions

Hazards and Hazardous Materials

City Council/RSA Agenda 1276 Tuesday, November 19, 2024 c. In the event previously unknown and/or residual contaminated soil, groundwater, or subsurface features are encountered, work on-site shall cease immediately, and the applicant’s contractor and/or site qualified professional shall notify the Union City Planning and Environmental Programs Divisions.
d. Applicant shall make all required reports to regulatory agencies if possible contamination is discovered. The Union City Environmental Programs Division shall be responsible for assessing the degree of compliance and the effectiveness of risk mitigation efforts required by regulatory agencies, and reporting to the planning Division whether risks have been satisfactorily abated in accordance with the requirements of this measure.
e. The City shall ensure that a Spill Prevention, Control, and Countermeasure (SPCC) plan is prepared to address potential spills during the emptying of the on-site fuel tanks and that the plan shall include immediate response actions in the case of an accidental spill or release of potentially hazardous materials.

Hydrology and Water Quality

The applicant shall clearly identify any pavement areas that are being removed and replaced and those areas that are currently landscaping/dirt and will be changed to City Council/RSA Agenda 1277 Tuesday, November 19, 2024 impervious areas, such as Building, pavement or walkways, etc. This information will also be reflected in the Stormwater Requirements Checklist.

City Council/RSA Agenda 1278 Tuesday, November 19, 2024 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 October 17, 2024, by the following vote:

AYES: (Mclelland, Romero, Sandhu, Finnerty, Gupta Garg) NOTES: 0
ABSTAINED: 0
ABSENT: (Guio, Lew)
MOVED: Finnerty
SECONDED: Gupta Garg

APPROVED
_______________________
Seyi Mclelland, Vice Chairperson
ATTEST:
_____________________
Derek Farmer, Secretary
City Council/RSA Agenda 1279 Tuesday, November 19, 2024 Item 4.1
31300 Alvarado-Niles Road
Chevron/Power Market Project
City Council/RSA Agenda 1280 Tuesday, November 19, 2024 2 Project Overview
Project Site
 Owner: H & S Energy Products, LLC Applicant: Samir Hijazi, Archissance Location: 31300 Alvarado-Niles Rd. Size: 0.502 Acres Proposal: General Plan Amendment, Zoning Map Amendment, Use Permit, Site Development Review to demolish existing service station and construct new 2,875 sf canopy over four (4) existing fuel dispensing islands and 2,375 sf convenience store and related improvements City Council/RSA Agenda 1281 Tuesday, November 19, 2024 3 General Plan Amendment
• Chapter 3, Land
Use Diagram -Regional Retail Commercial to
Retail Commercial
• Chapter 9, Special
Areas Maps
City Council/RSA Agenda 1282 Tuesday, November 19, 2024 4 Zoning Map Amendment
• Union Landing
Commercial (CUL) to Community Commercial (CC)
City Council/RSA Agenda 1283 Tuesday, November 19, 2024 5 Site Plan
City Council/RSA Agenda 1284 Tuesday, November 19, 2024 6 Rendering of Site
City Council/RSA Agenda 1285 Tuesday, November 19, 2024 7 Rendering of Convenience Store
City Council/RSA Agenda 1286 Tuesday, November 19, 2024 8 CEQA Compliance - Mitigated Negative Declaration
• Draft IS/MND prepared - mitigation measures identifie d
• Tribal Consultation (AB 52, SB 18)• 30-Day Public comment - Aug. 23 to Sept. 23, 2024• Received comment letters from ACWD and USD• Final IS/MND includes responses to comments, text changes and Mitigation Monitoring and Reporting Program City Council/RSA Agenda 1287 Tuesday, November 19, 2024 9 Planning Commission Summary
• Two public meetings
• September 19, 2024
• Study Session for Draft IS/MND and Project
• October 17, 2024
• Planning Commission considered the Final IS/MND
and Project
• Made findings and recommended approval to City
Council on 5-0 vote
City Council/RSA Agenda 1288 Tuesday, November 19, 2024 10 Recommendation
Consistent with Planning Commission’s recommendation, staff recommends the City Council hold the public hearing and adopt:• Resolution adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
• Resolution approving General Plan Amendment (AG-24-002) • Ordinance approving Zoning Map Amendment (A-24-002)• Resolution approving Use Permit (UP-24-005) and Site Development Review (SD-24-007)
City Council/RSA Agenda 1289 Tuesday, November 19, 2024 Agenda Item
DATE: 11/19/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ADOPT RESOLUTIONS FOR THE ANNEXATION OF TERRITORY (“ANNEXATION NO. 8”) TO CITY OF UNION CITY COMMUNITY FACILITIES DISTRICT NO. 2006-1: (1)

AUTHORIZING THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2006-1 AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS; (2) CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF ANNEXATION NO. 8 (TURK ISLAND) OF CITY OF UNION CITY COMMUNITY FACILITIES DISTRICT NO. 2006-1 (PUBLIC SERVICES) PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 8 (TURK ISLAND) TO FINANCE PUBLIC SERVICES, AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT; (3) MAKING CERTAIN

FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 2006-1 (PUBLIC SERVICES), ANNEXATION NO. 8 (TURK ISLAND); AND (4) INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF UNION CITY LEVYING SPECIAL TAX WITHIN CITY OF UNION CITY COMMUNITY FACILITIES DISTRICT NO. 2006-1 (PUBLIC SERVICES), INCLUDING CERTAIN ANNEXATION TERRITORY (TURK ISLAND). THE PROPERTY PROPOSED TO BE ANNEXED CONSISTS OF APNS 482 -0054-037-00 THROUGH 482 -0054-071-00 THAT IS PROPOSED TO BE DEVELOPED INTO 33 SINGLE-FAMILY UNITS BY TURK ISLAND

VENTURES LLC
Staff recommends that the City Council hold a public hearing and adopt the attached resolutions for annexation of Territory for the Turk Island Subdivision Project (Annexation No.8): (1) Authorizing the annexation of territory to Community Facilities District No. 2006-1 and authorizing the levy of a special tax and submitting the levy of tax to the qualified electors (Attachment 1); (2) Calling a special election and submitting to the voters of Annexation No. 8 (Turk Island) of City of Union City Community Facilities District No. 2006-1 (Public Services) propositions regarding the annual levy of special taxes within Annexation No. 8 (Turk Island) to finance public services, and the establishment of an appropriations limit (Attachment 2); (3) Making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2006-1 (Public Services), Annexation No. 8 (Turk Island) (Attachment 3); and (4) Introduce an ordinance levying special tax within City of Union City Community Facilities District No.

City Council/RSA Agenda 1290 Tuesday, November 19, 2024 2006-1 (Public Services), including certain annexation territory (Turk Island) (Attachment 4).

The property to be annexed is located at the intersection of Westport Way and Carmel Way. See Attachment 1 – Exhibit A for the Boundary Map. Community Facilities District No. 2006-1 assessments are used for police services, fire protection and suppression services, paramedic services, and park maintenance.

STRATEGIC PLAN ALIGNMENT
Goal A. Financial Stability and Sustainability: Foster fiscal health through disciplined long-term planning, cost control, heightened efficiency, increased revenue and cost recovery.

BACKGROUND
On February 27, 2007, the City Council formed Community Facilities District No. 2006-1 (CFD No. 2006-1) to provide additional funding for certain increased public service costs resulting from new residential development. In CFD 2006-1, public services include police services, fire protection and suppression services, paramedic services, and park maintenance. Attachment 1- Exhibit B includes the “Rate and Method of Apportionment” associated with the formation of CFD No. 2006-01. Since the formation of CFD No. 2006-01, there have been 7 annexations of property into the District. This process is referred to as "Annexation No. 8" as the Turk Island Subdivision project site is the eighth property to be annexed into the District since its formation.

The Turk Island Subdivision project was approved in November 2018. Approvals included a Tentative Tract Map (TTM 7728) to subdivide the site into 33 parcels, Site Development Review (SD-16-006), and Use Permit (UP-16- 009) approval. For more information, you can view the City Council staff report and attachments by clicking here. The City Council approved the Final Tract Map 7728 at its October 11, 2022 meeting. Construction on the homes is underway.

City staff engaged the services of NBS Government Finance to assist in the annexation of the Turk Island Subdivision into CFD No. 2006-1.

DISCUSSION
On October 8, 2024 the City Council began the process to annex territory, Annexation No. 8 (Turk Island) into CFD No. 2006-1. For more information regarding that action, click here for a link to the City Council agenda item. The property consists of APNs 482 -0054-037-00 through 482 -0054-071-00 that are proposed to be developed into 33 single-family residential units by Turk Island Ventures, LLC. Annexation of the property into a CFD is a condition of approval for the development.

This staff report addresses, and introduces, the Public Hearing required as part of those proceedings. After hearing City Council/RSA Agenda 1291 Tuesday, November 19, 2024 the testimony of any persons wishing to speak on this issue, the City Council may annex the territory, call for the special election, and (if the vote has been cast affirmatively) declare the results and levy the tax lien. Ballots were mailed out to the property owners of record at the beginning of November.

FISCAL IMPACT
Upon successful annexation of the property into CFD 2006-01, beginning with fiscal year 2025/26, the proposed special tax will be levied for all residential units issued a building permit prior to May 1. In fiscal year 2025/26, the annual special tax for Single-Family Units will be $717 per unit, increasing 2% per year. The special tax shall be levied in perpetuity.

RECOMMENDATION
Staff recommends that City Council hold a public hearing to adopt two resolutions to authorize the annexation of territory for the Turk Island Subdivision (Annexation No. 8) and call for a special election (Items 1 and 2 below):
(1) Resolution authorizing the annexation of territory to Community Facilities District No. 2006-1 and authorizing the levy of a special tax and submitting the levy of tax to the qualified electors (Attachment 1); and (2) Resolution calling a special election and submitting to the voters of Annexation No. 8 (Turk Island) of City of Union City Community Facilities District No. 2006-1 (Public Services) propositions regarding the annual levy of special taxes within Annexation No. 8 (Turk Island) to finance public services, and the establishment of an appropriations limit (Attachment 2).

Upon conclusion of the public hearing and the adoption of the resolutions to annex territory and call for a special election, the Mayor will call for the City Clerk to announce the results of the property owner vote.

The City Clerk will announce the results of the vote, and if the Clerk concludes a 2/3 majority in favor of the levy of the special taxes and the establishment of the appropriations limit, staff recommends that the City Council adopt a resolution certifying the results of the election and introduce an ordinance levying the special tax (Items 3 and 4 below):
(3) Resolution making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2006-1 (Public Services), Annexation No. 8 (Turk Island) (Attachment 3); and (4) Introduce an Ordinance levying Special Tax within City of Union City Community Facilities District No. 2006-1 (Public Services), Including certain Annexation Territory (Turk Island) (Attachment 4). The Ordinance is scheduled for adoption at the November 26, 2024 City Council Meeting.

Prepared by:

Carmela Campbell, Economic and Community Development Director; Greg Ghironzi, NBS Government Finance Group
Submitted by:

City Council/RSA Agenda 1292 Tuesday, November 19, 2024 Carmela Campbell, Economic and Community Development Director ATTACHMENTS:

Description Type
Attachment 1 - Resolution ofAnnexation (Annexation #8) Resolution Attachment 1 - Resolution ofAnnexation (Annexation #8) - Exhibit A - CFD 2006-01 Rate and Method ofApportionment
Exhibit
Attachment 1 - Resolution ofAnnexation #8 - Exhibit B - Sample Ballot Exhibit Attachment 2 - Resolution Calling for a Special Election (Annexation #8) Resolution Attachment 3 - Resolution Certifying the Special Election (Annexation #8) Resolution Attachment 3 - Resolution Certifying the Special Election #8 - Exhibit A - Certification of Election and Votes Cast
Exhibit
Attachment 3 - Resolution Certifying the Special Election #8 - Exhibit B - Boundary Map
Exhibit
Attachment 3 - Resolution Certifying the Special Election #8 - Exhibit CList ofAPNs Exhibit
Attachment 4- Ordinance Levying Special Tax Ordinance
PowerPoint Presentation Attachment
City Council/RSA Agenda 1293 Tuesday, November 19, 2024 ATTACHMENT 1

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Union City City CouncilNovember 19, 2024

Union City City Council
November 19, 2024