ATTACHMENT 1B: EXHIBIT B (REDLINED)
EXHIBIT B
CHAPTER 18.08
DEFINITIONS
18.08.245 244 Emergency shelter.
"Emergency shelter" means a publicly or privately operated housing facility maintained to provide supervised temporary, short-term residence for homeless individuals or families offering programs that provide counseling, social services, and case management, either on or off site. No facility shall be used for more than six months within a consecutive 12 month period by any individual or family.
18.08.246 245 Engineering and design services.
"Engineering and design services" means an establishment primarily engaged in engineering and drafting services including architectural services. Usually includes office and drafting equipment, including blueprint machines.
18.08.247 246 Entertainment, commercial.
"Commercial entertainment" means an indoor establishment providing participant or spectator entertainment for a fee or admission charge, including live performance theaters, bowling alleys, ice and roller skating rinks, and other similar activities determined to be substantially similar to the above by the Economic and Community Development Director. This use does not include adult businesses, which are separately defined.
18.08.248 247 Entranceway, building.
"Entranceway, building" means a doorway and threshold providing ingress and egress to a building for persons.
18.08.248 Event venue.
“Event venue” means a facility accommodating gatherings, assembly, entertainment, and related support facilities (e.g., kitchens, offices, etc.) for private events. As used herein, “private event” means a gathering of persons who have been individually invited to the event and from which persons not so invited are excluded. Alcoholic beverages may be served subject to state law requirements.
ATTACHMENT 1B: EXHIBIT B (REDLINED)
CHAPTER 18.27
VILLAGE MIXED USE (VMU) DISTRICT
18.27.030 Conditional Uses
The following conditional uses shall be permitted in the VMU district upon the granting of a use permit:
A. Approval by Zoning Administrator (refer to Chapter 18.54 for a detailed description of the administrative use permit process).
1. Child day care facilities;
2. Live music (amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(B);
3. Outdoor activities located in private and public plazas;
4. Outdoor displays in conjunction with an existing adjacent business;
5. Sidewalk cafes with outdoor dining and seating areas subject to the standards of Section 18.36.190 (sidewalk café standards); and
6. Any other use determined by the Zoning Administrator to be essentially the same or very similar to the above permitted uses. In making this determination, the findings required under Section 18.52.060 shall be addressed.
B. Approval by Planning Commission (refer to Chapter 18.56 for a detailed description of the use permit process).
1. Bars, comedy clubs, nightclubs, and lounges;
2. Convenience markets;
3. Entertainment and recreation uses with an occupant load of 50 or more through the Uniform Building Code;
4. Event venue, subject to the standards in Section 18.27.055;
4.5. Farmers markets, when coordinated in conjunction with the City or Chamber of Commerce;
5.6. Liquor stores;
6.7. Massage;
7.8. Veterinarian offices and small animal hospitals including short-term overnight boarding of animals for medical purposes, provided that all ATTACHMENT 1B: EXHIBIT B (REDLINED)
operations are conducted within a completely enclosed building; there is sufficient air conditioning and soundproofing to effectively confine odors and noise so as not to interfere with the public health, safety, and welfare; and there is no walking of animals outside of the property; and
8. Any other use determined by the Planning Commission to be essentially the same or very similar to the above permitted uses. In making this determination, the findings required under Section 18.52.060 shall be addressed.
18.27.055 Standards for event venues.
A. Event venues shall provide a security plan addressing the items identified in the Security Plan Checklist as prescribed by the Chief of Police. The security plan shall be reviewed and approved by the Chief of Police, or their designee, as part of the Use Permit review.
B. Outdoor operations for event venues shall meet the following standards:
1. Outdoor operations shall occur directly adjacent to and on the same property of a permitted event venue.
2. Outdoor operations shall not be conducted when the event venue is closed.
3. Outdoor operations shall not occur between 10:00 p.m. and 7:00 a.m. Sunday through Thursday, and between 11:00 p.m. and 7:00 a.m. Friday and Saturday.
When located within 150 feet of an adjacent residential use, outdoor operations shall not occur between 9:00 p.m. and 7:00 a.m. Sunday through Thursday and between 10:00 p.m. and 7:00 a.m. Friday and Saturday.
4. Outdoor operations shall comply with Chapter 9.40, Community Noise.
5. Smoking or vaping shall be prohibited within the outdoor area at all times.
6. Outdoor operation areas shall comply with all State of California Department of Alcoholic Beverage Control license requirements, as applicable.
7. Cooking and/or the preparation of food within outdoor operation areas shall be prohibited, unless identified and approved though the Use Permit process.
8. Portable heaters, if provided, shall be located a minimum of five feet away from the exterior face of the building, including architectural projections, and from any combustible materials, or in accordance with manufacturer recommendations, whichever is most restrictive.
9. Umbrellas, if provided, shall not be placed under a permanent roof or overhang.
10.Outdoor operations area shall provide at least one receptacle for each of the following: trash, recycling, and compost.
ATTACHMENT 1B: EXHIBIT B (REDLINED)
CHAPTER 18.36
COMMERCIAL DISTRICTS
18.36.180 Standards for live music at full service/sit down restaurants The following standards shall apply in the following Zoning Districts: CPA, CC, CN, CVR, VMU, CSMU, CUL, MMU, SEMU-R, SEE, and other districts as specified in the district regulations.
A. Non-amplified live music at full service/sit down restaurants or event venues is permitted outdoors until 8:00 p.m. and indoors until 12:00 a.m. subject to compliance with the Union City Community Noise Ordinance in Chapter 9.40, Community Noise.
B. Amplified live music at full service/sit down restaurants or event venues is permitted with an administrative use permit approval as detailed in Chapter 18.54 and shall fully comply with the following standards:
1. Amplified live music shall not be permitted outdoors.
2. Amplified live music shall end by: 12:00 a.m.
a. For facilities within 500 feet of a residential district or use, amplified live music shall end by 12:00 am.
a.b. For facilities 500 feet or more from a residential district or use, amplified live music shall end by 2:00 am.
2.3. Third-party promoters, cover charges, and drink minimums shall be prohibited.
3. Dance floors and stages shall be prohibited.
4. A full food menu shall be offered and food sales shall be 50% or more of the total gross sales.
5.4. The maximum occupant load for the facility shall be clearly posted and shall not be exceeded at any time.
6. Windows shall remain clear and unobstructed.
7.5. A security plan addressing the items identified in the Security Plan Checklist as prescribed by the Chief of Police. The security plan shall be reviewed and approved by the Chief of Police, or their designee, as part of the Administrative Use Permit review., at a minimum, security staffing, emergency exiting, staff training, and exterior site lighting shall be submitted for review and approval by the Police Department as part of the discretionary review.
ATTACHMENT 1B: EXHIBIT B (REDLINED)
8. Live music shall conform to the Union City Community Noise Ordinance in Chapter
9.40, Community Noise.
9. The property owner, business owner and/or operator shall take reasonable actions necessary to inhibit loitering, shouting, fighting, and other activities that would disturb the peacecommunity health and safety.
10.By accepting a discretionary permit, the permittee explicitly agrees to hold the City, its officers and employees harmless from any liability, claims, suits or actions for any and all damages alleged to have been suffered by any person or property by reason of the permittee's hosting of live music.
CHAPTER 18.50
CIVIC FACILITIES (CF) DISTRICT
18.50.020 Permitted Uses.
The following uses are permitted in the CF district:
A. Child care for more than 12 children;
B. Community assembly: public, parochial and private nonprofit clubs, lodges, meeting halls, recreation centers, and other fraternal and social organizations, auditoriums; C. Community care facilities for more than six people;
D. Community gardens;
E. Cultural activities: museums, art galleries and libraries; F. Parks, golf courses, public stables, zoos and other recreational facilities, including bicycle paths;
G. Public services and administrative offices, police and fire stations, post offices, and public parking lots;
H. Schools and educational activities, including pre-schools; I. Utilities: substations, reservoirs, storage tanks, pumping stations, access and maintenance roadways, and corporation and storage yards; J. Establishment of Bingo games.
K. Temporary contractor yards, for public projects, on publicly owned properties ATTACHMENT 1B: EXHIBIT B (REDLINED)
CHAPTER 18.92
OPEN SPACE (OS) ZONING DISTRICT
18.92.040 Permitted uses.
All permitted uses, excluding uses devoted solely for the production of food or fiber within the district, shall be subject to approval for development, construction, or improvement as provided in Chapter 18.76.
A. Outdoor recreation, including, but not limited to, parks and other areas of passive recreation usage in a natural or near natural state. Trails and other suitable corridors and areas for the preservation of outstanding scenic, geologic, historic, and cultural value.
B. Agricultural uses as defined in Chapter 18.48, excluding the following:
1. Greenhouses;
2. Commercial feed lots;
3. Commercial slaughtering of animals;
4. Commercial packaging, processing, treatment, or storage of produce or meat products;
5. Other uses which violate the purpose of this chapter, as determined by the City Council.
C. Outdoor nature laboratories, natural wildlife sanctuaries, and similar facilities.
D. Water supply lands, including but not limited to watershed and ground water recharge areas.
E. One family (detached) dwellings subject to Section 18.32.020.
F. Archeological digs.
G. Accessory structures and accessory uses.
H. Temporary contractor yards, for public projects, on publicly owned properties
18.92.070 Area and yard requirementsstandards
A. Lot Area. Minimum lot area shall be 10 acres.
B. Front Yards. Front yards shall be a minimum of 100 feet.
C. Side Yards. Side yards shall be a minimum of 100 feet.
D. Rear Yards. Rear yards shall be a minimum of 100 feet.
ATTACHMENT 1B: EXHIBIT B (REDLINED)
Table 18.92.070, Area and yard standards – Open Space (OS) Districts, prescribes the area and yard standards for the Open space (OS) District Table 18.92.070 Area and yard standards – Open Space (OS) District Standard
10 acres
Public Lands – No minimum for sites owned by a public agency Site area,
Minimum
Hazards Lands – No minimum for sites designated open space due to natural hazards
100 feet
Sites under 10 acres – 25 feet
Front yard
setback,
minimum
Public Lands – No minimum for sites owned by a public agency 100 feet
Sites under 10 acres - 15 feet
Side yard
setbacks,
minimum
Public Lands – No minimum for sites owned by a public agency 100 feet
Sites under 10 acres – 25 feet
Rear yard
setback,
minimum
Public Lands – No minimum for sites owned by a public agency
18.92.200 Public Lands.
Publicly owned lands are not subject to minimum lot size if incorporating such uses as parks, trails, day camps, historical sites and other similar public facilities.